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Home My WebLink About730855.tiff RESOLUTION WHEREAS, heretofore and on March 21, 1973, by resolution, the Board of County Commissioners of Weld County, Colorado, did authorize the Board to enter into an agreement with the engineering firm of Nelson, Haley, Patterson and Quirk providing for submission of complete architectural and engineering studies and providing for the erection of a new building for the Weld County Health Department and a new Recreational Building at Island Grove Park; and WHEREAS, the Board believes it to be in the best interest of the County to seek bids for the Board's approval relative to the con- struction of the aforesaid buildings in accordance with submitted specifications that meet and comply with the City of Greeley, Colorado building code requirements. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Mr. Barton Buss, Chief Accounting Officer and Purchasing Agent for Weld County, ad- vertise for bids to erect said aforesaid buildings in accordance with construction criteria and site selection, all as shown on exhibits attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED, that all bids shall specify that construction shall be in accordance with specifications as submitted. BE IT STILL FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute an agreement with the successful bidder for the construction of the aforesaid buildings upon land selected by the County, and that the Board be authorized to pay there- fore from Federal sharing revenue funds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, 1973, num pro tunc as of May 16, 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Atelertz,c,e J ATTEST: County Cle and Recorder and Clerk to the Board BY7i/-4~7 Deputy County Clerk APPROVED AS TO FORM: \ un yA J� ttorney � /460 yes . 730855 CC �t • THE AMERICAN INSTITUTE OF ARCHITECTS 1', ti 144 111'I AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. AGREEMENT made this thirteenth day of July in the year of Nineteen Hundred and Seventy-three BETWEEN WELD COUNTY, COLORADO the Owner, and PENNER CONSTRUCTION CO. the Contractor. 5490 West 13th Avenue Denver, Colorado 80214 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIMS} 1 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 r n � ARTICLE 1 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for the construction of a new Weld County Recreation Building located in Island Grove Park, Greeley, Colorado. (Insert above the caption descriptive of the Work as used on other Contract Documents.) ARTICLE 3 ARCHITECT The Architect for this Project is CNC/NHPQ, Inc. Architects Engineers Planners 2021 Clubhouse Drive Greeley, Colorado 80631 ARTICLE 4 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced as soon as practical after August 15, 1973. and completed March 31, 1974 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIA® 2 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 n r1 ARTICLE 5 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of $691,596.00 (State here the lump sum amount,unit prices,or both,as desired.) ARTICLE 6 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the tenth day of each month ninety per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the last day of that month, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety—five per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (Here insert any provisions made for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIA® 3 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 ARTICLE 7 t FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum,shall be paid by the Owner to the Contractor thirty days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) Owner—Contractor Agreement — AIA Document 101, Dated 13 July 1973 Instructions to Bidders Bid Proposal General Conditions Supplementary General Conditions Specifications: Divisions 1 through 12 Divisions 15 and 16 Drawings: Sheets 1 through 14 Sheets S1 through S3 Sheets M1 through M4 Sheets E1 through E6 Alternates Accepted: Alternate #2 Alternate #3 Alternate #9 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIA® 4 O1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 This Agreement executed the day and year first written above. O WELD COUNTY, COLORADO CONTRACTOR PENNER CONSTRUCTION CO. WAYNE ."BROWN EXECUTIVE VICE PRESIDENT jOi(zugyf ao.A AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION •AIA® 5 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 CC/ N Tli P0y INC. ARCHITECTS • ENGINEERS • PLANNERS The Honorable Board of County Commissioners Weld County, Colorado Ninth Avenue and Ninth Street Greeley, Colorado 80631 Gentlemen: We have examined the bids of Penner Construction Company, Clark nn- n. ronp rmy _T/2 P- rt't�- cr1TT ra. r+ ...... ...},i _ .-�_ Y`—'J a ... e,`'}v-... ...-.-_+..T"71_.._Q?f �t� �7 .- �pl-i a�w� .. - - ... opened on June 26, 1973 at 3 :00 p.m. at the County Courthouse Commissioners Office. Our recommendation as agent for you is that you accept the low base bid of Penner Construction Company of Denver in the amount of $686,000 and that you also accept Alternate No. 2 (-$8,170), Alternate No. 3 (+$9,854), and Alternate No. 9 (+$3,912). Your award to Penner then should be in the amount of $691,596. This combination of alternates and base bid will provide the building with everything previously discussed. You will recall our original estimate: to you was $645,000 exclusive of an electronic sound system and cooling in the large area of the building. The sound system has been bid at $31,584 and "swamp coolers" were in Alternate No. 2 so the bids were in fact very close to our estimate. - itiOUNTY OF O iedwith the WELD County th clerk of the Board mmissloners JUL 5 '973 �^'-...a14r_--_-, COUNT/CLERK AND RECORDIR Deputy TWENTY TWENTY-ONE CLUBHOUSE DRIVE. GREELEY, COLORADO 80631 (303) 353-3434 356.4444 .-, '1 The Honorable Board of County Commissioners Page 2 June 27, 1973 In view of rapidly increasing construction costs this spring, we are of the opinion these were excellent bids. Should you have further questions about the announcement of an award, please let us ]mow. Respectfully, CNC/NHPQ, Inc. . ARCHITECTS ENGINEERS PLANNERS S , _ _ , n J C Neal Carpenter, Principal Architect John L. Haley, Principal. Engineer CNC/JLH/bjg Enclosure: Bid Tabulation cc: Penner Construction Company • O N O On m H 01 XDOQ EOTPEOZ .Rik• N to Y + + + • Q• N N 0 • • O 4- Cr O m O h N m V[ H H N Pan°S 3T�0 N in i N • 6 W N W t • - O 0 O in N 1 H in n • ! eT J ? . 48.02,1 311110 • • 1 1 el ! W W N O I7 b O 0 m l a0 O P eT • C�ITO, en N en • !• W _. (A W r .... . . - O er CO . O O ' • .N O CO Nm _ it 10 • 1e t • ILL ZTQIQ ID co e0 (9 1 1 I tell A . a ipm o O W Y O O P co O y z 2 Z e, ' it en eO o . 10"1 P. O H 0 . ..106 1?�0 N N t7 Po W a F H V 1 1 1 el L1 0 U J • n _ -—_ -_ -__ ▪ __.W W W 1 I CC I7 V y� NON _0 II cow, sal -it'll I • 3 � § >�zZ��VI � l _ I " " . - - — 0 • N N H H • ti I I I - '. - - ! W W N �• n L �• - N N,J! • 8•zolpTT3aeA m� o o . • _ ! W W W • _ � tHO.{11I OI NI IP CO 03 CO NI N� 1 I . . O '0 0 C.) N W . w 7 o O m ' 0 O U u- C).0 0 1-11 1 F el C.) 10 . H N O • fa a O i H V ti O N ti W Y O a - O.0 OU 0 oU el C f, 0 n U 10 O • U a• ea fa � U u e N H . - .% H d H N U T N Hn H N N W or N >p C N G •C O U W� U O x 0 0. RI O g. 0 .I.a1 /•,, Affidavit of _ ablication ADVERTISEMENT FOR BIDS STATE OF COLORADO, Bids: June 26, 19)3, WELD COUNTY s9. RECREATION BUILDING.. ISLAND County of Weld, GROVE PARK.GREELEY,COLORADO, CNC/NHPO,INC.,Architects.Engineers, Planners,2021 Clubhouse Drive,Greeley, Colorado 80631, Phone 303-3533434. - l Mildred S Hanson of The Weld CountyBoartl of County said County of Weld, being duly sworn, say Commissioners, Weld County, Colorado that I am the (publisher) (editor) (advertis- will receive sealed bids on a General ing manager) of Contract, Including mechanical and electrical work,for a precast concrete tee- THE GREELEY DAILY TRIBUNE, and beam recreation building approximatelY THE GREELEY REPUBLICAN in feet by 285 feet. that the same is a daily newspaper of general Al bias must be on a lump sum oasis; - circulation and printed and published 1n the segsegregated bias will not be accepted. city of Greeley, In said county and state; that The Board of Commissioners will the notice or advertisement, of which the an- receive bids until 3:00 P.M/. MDST, on nexed is a true copy, has been published in Tuesday June 26,1923at the office of the A- said daily newspaper for one day; that the E, 2021 Clubhouse Drive. Greeley, notice was published in the regular and Colorado. Bias received after this time entire Issue of said newspaper, and in the will not be accepted.All interested parties newspaper proper and not in a supplement are invited to attend. Bids will be opened thereof; that the publication of said notice and publicly read aloud. was contained in the issue of said newspaper Drawings and Specifications may be bearing date examined at the AE's office and at: The 25th May 7 Daily Journal, 1212 Welton, Denver, A D 19 Colorado 80204; Rocky Mountain Con- day of struction, 2201 Stout Street, Denver, Colorado 80205;Powers Plan Service,.100] that Said The Greeley Daily Tribune and East Lincolnwav, Cheyenne, Wyoming The Greeley Republican, has been published 82001. continuously and uninterruptedly during Copies at the above the office of the AE documents NE in accord may be the period of at leapt six months next obtained at prior to the Issue thereof containing said with the Instructions to Bidders upon notice nr advertisement above referred to; depositing the sum of$30.00 for each set of that said newspaper has been admitted to the documents. United States mails as second-class matter Bid security in the amount of 5%of the under the provisions of the Act of March 3, bid must accompany each bid in accord 1879, or any amendments thereof, and that witn the Instructions to Bidders. said newspaper Is a daily newspaper duly me Board of Weld County Com- qualified for publishing legal notices and miss',oners reserves the right to reject any advertisements within the meaning of the or all bias,to Waive any informalities in laws of the State of Colorado. bias, and to accept the bid that, in the , opinion of the Board, is to the,best in- Ij ti.C { `\ �j �{ ,i , teresrs of the Board and of❑1e Cdunty of l Weld,State of Colorado. (Publisher) (Editor) (Ad,.....1.....e.Mgr.) BOARDOF WELD COUNTY COMMISSIONERS By Barton Buss Subscribed and sworn to before me this The Greeley Dairy Tribune. / May 25,June 1,15,1923. 2ritb may 73 day of A.D. 19 May 18, 1Q74 My commission expires /J s -,),...C e r / dfre- ,....„.7 5. Notary Public. fsr ^� ADVERTISEMENT FOR BIDS Bids : June 26, 1973 WELD COUNTY RECREATION BUILDING, ISLAND GROVE PARK GREELEY, COLORADO CNC/NHPQ, INC. , Architects , Engineers, Planners 2021 Clubhouse Drive Greeley, Colorado 80631 Phone 303-353-3434 The Weld County Board of County Commissioners , Weld County, Colorado will receive sealed bids on a General Contract, including mechanical and electrical work, for a precast concrete tee-beam recreation building approximately 112 feet by 285 feet. All bids must be on a lump sum basis; segregated bids will not be accepted. The Board of Commissioners will receive bids until 3:00 P.M. MDST, on Tuesday June 26, 1973 at the office of the A-E, 2021 Clubhouse Drive, Greeley, Colorado. Bids received after this time will not be accepted. All interested parties are invited to attend. Bids will be opened and publicly read aloud. Drawings and Specifications may be examined at the A-E' s office and at: The Daily Journal 1217 Welton Denver, Colorado 80204 Rocky Mountain Construction 2201 Stout Street Denver, Colorado 80205 Powers Plan Service 1003 East Lincolnway Cheyenne, Wyoming 82001 Copies of the above documents may be obtained at the office of the A-E in accord with the Instructions to Bidder's upon depositing the sum of $30.00 for each set of documents. Bid security in the amount of 5% of the bid must accompany each bid in accord with the Instructions to Bidders. The Board of Weld County Commissioners reserves the right to reject any or all bids , to waive any informalities in bids , and to accept the bid that, in the opinion of the Board , is to the best interests of the Board and of the County of Weld, State of Colorado. BOARD OF WELD COUNTY COMMISSIONERS r- .Barton Buss The Greeley Journal May 25, 1973 Greeley Tribune May 25, June 1 , & June 15. de r9 r , . i .₹ i . , 1 i i 4 . STATE OF 01.0 ADO ,s + COUNTY OF WELD s5. p -.J..—t«.."' hied with the CL.C, of fhe fsoard ` + i JUL 1 8 -j of County Commissioners ₹ ;, � 1 1974 ..,, ,r.,k. 1_ . s ` COUNTY CLERK AND RECORDER ' T i a . s By---__DeputY 4.... i`-! - " r- ....n-+—a4. +.. 3 4 ". i •�... .'r ..3 -₹ 2r ii., s..« kw ...-w V "k # I. ₹ CONTRACT DOCUMENTS AND SPECIFICATIONS J`,, .r ;`' FOR CONSTRUCTION OF ,' Li 1 '_ re- PARKING LOT PAVING AND OTHER SITE IMPROVEMENTS a 1 Ig 1, I , ," 1 - WELD COUNTY RECREATION BUILDING , i + I " ISLAND GROVE PARK GREELEY, COLORADO NELSON, HALEY, PATTERSON & QUIRK, INC. . . -3..® A i.-f � dt A r _ - I - i �, Trt, - 1-_, 1 I ii I ,; t . 1 + i . r . - ENVIRONMENTAL ...,.? -.« 4 �`y. µ.T,... IC:)) � 7DOf CONSULTANTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF PARKING LOT PAVING AND OTHER SITE IMPROVEMENTS WELD COUNTY RECREATION BUILDING ISLAND GROVE PARK GREELEY, COLORADO Project No. 73 1 ARC 0117 July, 1974 NELSON, HALEY, PATTERSON AND QUIRK, INC. Engineering Consultants Greeley, Colorado L _. . .; e- CONTRACT DOCUMENT ASSISTANCE Nelson, Haley, Patterson and Quirk, Inc. Engineering Consultants 2021 Clubhouse Drive Greeley, Colorado 80631 Phone: 356-4444 • For Assistance During Bidding Phase CIVIL R. L. (Bob) Boekenkamp Ext. 350 SITE IMPROVEMENTS R. L. (Bob) Boekenkamp Ext. 350 Jim Sell Ext. 307 For Assistance During Construction Phase Direct all telephone calls and correspondence to: Arthur Uhrich Ext. 231 Construction Contract Administration Nelson, Haley, Patterson and Quirk, Inc. 2021 Clubhouse Drive Greeley, Colorado 80631 i TABLE OF CONTENTS BIDDING REQUIREMENTS Advertisement for Bids Information for Bidders Bid Bid Bond Payment Bond Performance Bond Notice of Award Notice to Proceed Change Order CONDITIONS OF THE CONTRACT General Conditions Supplemental General Conditions DIVISION 1 - GENERAL REQUIREMENTS Section 01010 - Summary of the Work Section 01080 - Applicable Codes Section 01100 - Alternates DIVISION 2 - SITE WORK 02210 - Site Improvements _ - -02612 - Asphalt Paving _ • ii BIDDING REQUIREMENTS T ADVERTISEMENT FOR B2 DS CNC/NHPQ, Inc. Architects , Engineers, and Planners 2021 Clubhouse Drive Greeley, Colorado 80631 The Weld County Board of County Commissioners, Weld County, Colorado, will receive sealed bids on a General Contract for PARKING LOT PAVING AND OTHER SITE IMPROVEMENTS for the Weld County Recreation Building. The Board of Commissioners will receive bids until 10:00 a.m. , MDT, on Tuesday, July 2, 1974, at the office of the Weld County Purchasing Agent, Weld County Courthouse, 9th Street and 9th Avenue, Greeley, Colorado. Bids received after that time will not be accepted. All interested parties are invited to attend. Bids will be opened and publicly read aloud. Drawings and Specifications may be examined at the Architect/Engineer office at CNC/NHPQ, Inc. at 2021 Clubhouse Drive, Greeley, Colorado. Copies of the above documents may be obtained at the office of the Architect/ Engineer in accordance with the Information for Bidders upon depositing the sum of $10.00 for each set of documents. Said sum will be fully refunded to those Bidders returning same in good condition within three (3) days after bids have been received. Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid. WELD COUNTY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Date: June 27, 1974 INFORMATION FOR BIDDERS Each bid must be submitted in a sealed envelope, addressed to the Weld County Purchasing Agent, Weld County Courthouse, 9th Street and 9th Avenue, Greeley, Colorado 80631. Each sealed envelope containing a bid must be plainly marked on the outside as Bid for Construction of Parking Lot Paving and Other Site Improvements, Weld County Recreation Building, Island Grove Park, Greeley, Colorado, and should bear the name of the Bidder, his address, and his license number if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Weld County Purchasing Agent, Weld County Courthouse, 9th Street and 9th Avenue, Greeley, Colorado 80631. All bids must be made on the provided bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. Should there be reasons why the contract cannotbe awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications, including Addenda. After bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of the work or of the nature of the work to be done. The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract. Submit all questions about the drawings or specifications to the Engineer prior to the time set for receipt of bids. Corrections or clarifications shall be made by addendum. Oral clarifications will not be binding. Each bid must be accompanied by Bid Security made payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful bidders will be returned. The Bid Security of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. Secur- - ity shall be either certified check, cashier's check, or bid bond. IB - 1 _ _ _. A performance bond and a payment bond, each ir the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the contract. Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to-execute the Agreement and obtain the Performance Bond and Payment Bond within seven calen- dar days from the date when Notice of Award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option consider the bidder in default, in which case the Bid Security accompanying the proposal shall become the property of the Owner. The Owner, within 7 days of receipt of acceptable Performance Bond, Payment Bond, and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The Notice to Proceed shall be issued within 10 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agree- ment between the Owner and Contractor. If the Notice to Proceed has not been issued within the 10-day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and to com- plete the work contemplated therein. A conditional or qualified bid may not be accepted. Award will be made as whole to one bidder. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The Architect/Engineer is CNC/NHPQ, Inc. , 2021 Clubhouse Drive, Greeley, Colorado. IB - 2 r BID T0: PROJECT: WELD COUNTY RECREATION BUILDING Weld County Board of PARKING LOT PAVING AND OTHER County Commissioners SITE IMPROVEMENTS Weld County, Colorado ISLAND GROVE PARK GREELEY, COLORADO The undersigned having received the Contract Documents and Specifications, _ the following Drawings: Sheets 1 and 2; and the following numbered Addenda: , , , and having carefully read and examined the Bidding Documents and included the provisions of each Addendum in his Bid, and having examined the site and conditions under which the work will be performed, hereby agrees to furnish all labor, materials, equipment, services, and supervision neces- sary for the construction of the Weld County Recreation Building Parking Lot Paving and Other Site Improvements in strict conformance with the Contract Documents prepared therefor by CNC/NHPQ, Inc, 2021 Clubhouse Drive, Greeley, Colorado. In submitting this Bid, the undersigned further agrees: To hold his bid open for 30 days from date of bid opening, to accept the provisions of the Information for Bidders, to enter into and execute a Contract Agreement, if awarded, on the basis of the Bid and/or any mutually acceptable modification thereto, to furnish Bonds, Insurance Certificate, and all other instruments required by the Contract Documents prior to commencement of work, to commence and complete the work as follows: Commence work within 7 days from date of contract with Owner or - " receipt of official Notice to Proceed or on date stipulated in such order, complete the site improvements and sidewalk in front of building for use by landscaping Contractor by July 24. Final completion of all other work not later than August 1, 1974. B - 1 r ^ Bidder agrees to perform all the work described in the Contract Documents for the following fait prices or lump sum: BID SCHEDULE Item Estimated No. Description Quantity Unit Unit Cost Total Cost 1. Clearing and Grubbing 1 L.S. $ 1.200.00 $ 1,200.00 2. Subgrade Preparation 1 L.S. $ 2.512.00 $ 2.512.00 3. Imported Granular Fill 500 Tons $ 2.00 $ 1.S00.00 4. Top Soil in Place 760 C.Y. $ 7.7S $ 5.090.00 5. Top Soil Stockpiled 50 C.Y. $ 4.50 $ 225.00 6. 1 1/2" Conduit 224 L.F. $ SOW $ 784.00 7. 1 1/2" Asphaltic Concrete Sidewalk 600 S.Y. $ 2.36 $ 1,410.00 8. 2" Asphaltic Concrete Paving 7500 S.Y. $ 1.29 $ 9,!75.00 9. Asphalt Cement 55 Tons $ 95.00 $ 5.225.00 10. Bituminous Prime Coat 2250 Gal. $ 0.70 $ 1.575.00 11. Liquid Asphalt Seal Coat 810 __ Gals $ - 0.15 $ 203.$0 — 12. Building Guard Posts 4 Each $ 00.00 $ 240.00 TOTAL BASE BID $ 50,011.50 ALTERNATES Refer to Section 01100 - Alternates. Add Deduct Should Alternate No. 1 be adopted 05.00 Should Alternate No. 2 be adopted NIt Appltw►1e Should Alternate No. 3 be adopted 0.21 Should Alternate No. 4 be adopted Sit App11esbla B - 2 — ^ t • ATTACHMENTS Required Bid Security is attached. FIRM NAME flatiron Paving C'ouporP of 4ao1oy Official Address P. C4 ysa 11$7, droo1sy, Coloreds By: Tod A. MOMomoa Title: Prwidsat Date; July 2, 1174 - 1 t r • r • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and • as Surety, are hereby held and firmly bound unto as Owner in the penal sum of for the payment of which, well and truly to be made; we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of 19 The Condition,of the above obligation is such that whereas the Principal has submitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. BBB-1 • IN WITNESS WHERE•)F, the Principal and the Su.`cty have hereunto set their hands and selas, and such of them as are corpc,rations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. .�...CG.rtit-elec per.-. 40 `11 VA-L&621, „als nr)C r�'L s CP21 s2.-a- Principal Surety By: IMPORTANT - Surety Companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB-2 AGREEMENT THIS AGREEMENT, made this ____ape_ day of _, 1974, by and between WELD COUNTY BOARD OF COUNTY COMMISSIONERS, Weld County, Colorado, hereinafter called "OWNER" and FLATIRON PAVING COMPANY OF GREELEY doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements here- inafter mentioned: 1. The CONTRACTOR will commence and complete the construction of parking lot paving and other site improvements at the Weld County Recreation Building at Island Grove Park. 2. The CONTRACTOR will furnish all of the material, supplies , tools , equipment, labor and other services necessary for the construction and comple- tion of the project described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within seven (7) calendar days after the date of the NOTICE TO PROCEED unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS for the sum of $30,019. 50. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Advertisement for Bids (B) Information for Bidders (C) Bid (D) Bid Bond (E) Agreement (F) Payment Bond (G) Performance Bond (H) Notice of Award (I) Notice to Proceed (J) Change Order (K) General Conditions (L) Supplemental General Conditions (M) Drawings prepared by Nelsor , Haley, Patterson and Quirk, Engineering Consultants , ntabered 1 through 2, and dated June, 1974. (N) Specifications prepared or issued by Nelson, Haley, Patterson and Quirk, dated June, 1974. (0) Addenda: No. None , dated , 19 No. , dated , 19_ 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their • respective heirs, executors, administrators, successors , and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials , this Agreement in four copies each of which shall be deemed an original on the date first above written. WELD COUNTY BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO FLATIRON PAVING COMPANY OF GREELEY _ / / Contractor /� �/ Chairman d Title: ATTEST: Attes : 04«.pyr(SEcj) (SEAL) Title. 62/.1 SPA!. ____ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Plats:.. Luria' Co. of Greeley (Name of Contractor) P. 0. Don 1171. Greeley, Celesade SOi31 (Address of Contractor) a • a , hereinafter called Principal, and (corporatio , Yartnersnip, or individual) The legeta Ceeeelty mad Omen Coppery (Name of Surety) int Stott, Canoes (Address of Surety) hereinafter called Surety, are held and firmly bound unto (tv ame WILD C0r COMIC 01 COMM 0000ISSlO01Rf of—uwner) Veld Cooney. Colored* (Address of Owner) hereinafter called Owner, in the penal sum of Thirty T rertmad Oineteea Belles* mad 70/100 Dollars, $( 70,015.70 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas , the Principal entered into a certain contract with the Owner, dated the 3rd day of July , 19 74 , a copy of which is hereto attached and made a part hereof for the con- struction of: Partin' Let rehire sad Other Sit* Impreveseate et the Weld County Imereatien lesion' at Mead drove Lrh. Greeley, Colorado. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants , terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract , and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PRB-1 — I PROVIDED, FURTHER, that the said surety;.for value received hereby stipula_es and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge- the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in the (S) counterparts, each nuoglier _ one which shall be deemed an original, this the 3,4 day of Jail► , 19 74 ATTEST: 114!2101 1A171110 00. 01 SULU / ^ /Prrinncipal 4.44,14.1 B�� (Principal) ecretary Paistiaat --(SE 1 P. O. 1elt 1137 (Witness as to Principal) (Address) l' Osealey. Colorado 00631 (Address) TVE IDLT OI CASUALTY AU SWUM 0011ANY Surety ATTEST: (Surety) Secretary (SEAL) 41-fnneisseSurety) Attorney-in-fact P. O. 3emg 378 last leatt. llamas _ (Address) (Address) Orsololr O dr a& 00631 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds for Federally assisted contracts must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. PRB-2 POWER OF ATTORNEY The Western Casualty and Surety Company HOME OFFICE—FORT SCOTT, KANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to-wit: "Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power at any time to remove and revoke the authority of any such appointee.' does hereby nominate, constitute and appoint B. D. Peterson or William C. Beneler or Karen Stone, of Greeley, Colorado, its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings in penalty not exceeding the sum of One Million and No/100 ($1,000,000.00) Dollars each. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The following Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held on the 10th day of November, 1970: - "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws;and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 3rd day of August 19 73 THE WESTERN CASUALTY AND SURETY COMPANY G#0""".� i 9eAL STATE OF KANSAS By ss COUNTY OF BOURBON Vice President On this 3rd day of Mina A.D., 19 73 , before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came V. J. O'Gorek, Vice President of THE WESTERN CASUALTY AND SURETY COMPANY,of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above wr itten. fly 9�h:, N0TANY My commission expires September 5, 1976 /////////////i(SZVe44n///// 1.- euaiic �? Notary Public. y s_ rouwM;,.. H. E. DuVa11 Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND SURETY COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas,this .3rd day of July 1974 . „ a !$ • hil$70.014i SEAL , Y �ti•I Assistant Secretary. FORM FS 5890-R2 THE WESTERN CASUALTY AND SURETY COMPANY ."`e'a THE WESTERN FIRE INSURANCE COMPANY € •th-; z ":. ' : HOME OFFICE-FORT SCOTT, KANSAS 66701 ki4,co." • CERTIFICATE OF INSURANCE To N.H.P.Q. Engineering THIS CERTIFICATE IS NOT A CONTRACT OF INSURANCE 202 NOR IS IT AN ENDORSEMENT TO POLICIES LISTED BELOW. ....... .x....C.Z.u.bliou.s.e_Drive Greeley, Colorado 80631 c/o Mike Whitney This certificate of insurance is not valid unless it is signed by a duly authorized representative. This is to certify that the following described policy or policies (as indicated by specific entry herein) are in force as of the date below. Name of Insured Flatiron Paving Company of Greeley, P.O. Box 1137, Greeley, Colorado 80631 Description of Work Asphalt paving and related work Location of Work Weld County Recreation Building FORM OF INSURANCE POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workmen's Compensation ------- - --- --- ---- Coverage is not provided for Items Fully complies with State Law below unless indicated b "x": Employer's Liability S by General Liability Bodily Injury "x" indicated Form of insurance each ^x" blasting or explosion ❑ ®Comprehensive General RD 1064 2-1-75 $300,000* occurrence "c" collapse ❑ ®Manufacturers' and Contractors' "u" underground damage [2 - ❑Owners', Landlords' and Tenants' S5D0..02..1f . --aggregate ®Completed Operations —Products "d" underground resources ❑ Property Damage each "e" blowout or cratering D ❑Independent Contractors S 7.00x.000,__occurence N Contractual S 100 000._ aggregate Excess Liability Policy _ .- - each S. _._occurrence Subject to underlying $ _.— _aggregate Policies and retention. Automobile Liability RD 1064 2-1-75 Bodily Injury each $100,0000 __person All owned automobiles (X[ each Hired and $300,000. occurrence non-owned automobiles NI Properly Damage Specified Automobiles each as listed below: ❑ $100,0000 occurrence The inclusion of any indemnity clause in this certificate is for in armatio only. The inclusiyn neith}r affirmatively nor negatively amends, extends or olters the caniractual liability afforded y trig policy er polici s,6rtufi�aled herein. Date July 11 1974 . y BY lC.v'"-cY,-�7 ._C�_..r_ec-,_.__ (Authorized Representative) • Place Boulder, Colorado 80302 Beeson--Baehr Insurance Accncy (City) (State and Zip Coder (Agency) FORM WC 7009-R10 ATI` —._. ... ____ ' r • Certificate of Insurance issued by the . STATE COMPENSATION INSURA. CCE FUND 200 East Ninth Avenue Denver, Colorado 80203 TO WHOM IT MAY CONCERN: This is to certify that this Department has issued a Standard Workmen's Compensation and Employers' Liability Policy as described below covering the liability imposed upon subject employers by the Workmen's Compensation Act of Colorado and the Colorado Occupational Disease Disability Act, said policy being in good standing as of this date. POLICY NO___37406 _-- Policy Period JANUARY-_1a- 1974 �to JANUARY_L_ 1925 _ insured_ FLATIRON_-PAVING .COMPANY OF GREELEY P.O. Box 229 ---------- BOULDER, COLORADO 80302 Address______—__—_ POLICY ENDORSEMENTS: *All policies are subject to the following provision of the Workmen's Compensation Act with respect to cancellation: Section 81-15-12. If any employer shall be in arrears for more than twenty days in any payment required to be made by him to the State Compensation Insurance Fund as provided by this Act, he shall by virtue of such arrearage be in default of such payment and any policy issued to him by said Fund shall thereupon be cancelled without notice as of the effective date or renewal date of said policy. STATE COMPENSATION INSURANCE FUND By__�G._104�,�� i�__ nderwn i. ---_._ DATED_ FEBRUARY 1974 _ ELL:bjb Tt • 11 • i ` % I • . i i I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that nation Pavia, Co. •i Greeley (Name of Contractor) P. O. La 1137. Greeley. Wends $0631 (Address of Contractor) a Grr/eratiea , hereinafter called Principal, and Ile Mestere Gowalty and Suety Company (Name of Surety) Vert Sett. Kansas (Address of ,Surety) hereinafter called Surety, are held and firmly bound unto RII,S COMM SOARS Or COM! COMNISSIONSRS ' (Name of Owner) S901� Canty. Cslerate (Address of Owner) hereinafter called Owner, in the penal sum of Thirty !11010024 Kineteas Delius sad 30/100 $( 30,017.30 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the Srd day of Ado 19 14 , a copy of which is hereto attached and made a part hereof for the construc- tion of: Parkins Lt Patin: and Other Site l+suveneate at the Veld County Recreation Reiliin, at Mead Grope Path. Oreeley. Colorado. NOW, THEREFORE, if the Principal shall promptly make payment to all persons , firms , subcontractors , and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lub- ricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools , consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by sub- contractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. • PYB-1 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of the contract or to the work to be ps.rformed thereunder or the speci- fications accompanying the same shall in any .rise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsat- isfied. - IN WITNESS. WHEREOF, this instrument is executed in==Ma (f) counterparts, each (number) one of which shall be deemed an original, this the 3rd day of Jib,! , 19 74 . ATTEST: !LM. !AGING 00. 0! OPSSLS! war 1i�(�C i. Principal Aye (Principal777 Secretary �/ yy ��/ (SEAL By v�/7' • In ilidAA [R . (s) Presided P. O. Sea 1137 (Address) Steele. d1r:Mo $0431 Witness as to Principal (Address) MCI 17F OONlAN! ur 7 -- ATTEST: B Atto e_y-in- act (Surety) Secretary (SEAL) �p� �rJ Port Saatt. lames Witne s as to ssSurety (Address) P. O. Sat $70 (Address) Greeley, Colorado 004!1 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds for Federally assisted contracts must appear on the Treasury Department's most current list (Circular 570 as amended) • and be authorized to transact business in the State where the project is located. PYB-2 POWER OF ATTORNEY The Western Casualty and Surety Company HOME OFFICE—PORT SCOTT, KANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to-wit: "Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power at any time to remove and revoke the authority of any such appointee." does hereby nominate, constitute and appoint B. D. Peterson or William C. Benaler or Karen Stone, of Greeley, Colorado, its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its art and deed: Any and all bonds and undertakings in penalty not exceeding the sum of One Million and No/100 ($1,000,000.00) Dollars each. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The tollowing Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held on the 10th day of November, 1970: "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws;and that any such Power of Attorney bearing such facsimile signatues, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 3rd day of August n 73 THE WESTERN CASUALTY AND SURETY COMPANY ,.w°4 SEAL 6'57/Vint): 1 TEAL STATE OF KANSAS By COUNTY OF BOURBON ss Vice President On this 3rd day of August , A.D., 19 73 , before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came V. J. 0'GDrek, Vice President of THE WESTERN CASUALTY AND SURETY COMPANY,of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above wr itten. ..:•p• TARP r. X0TAAY _ My commission expires September 5, 1976 eueLw Notary Public. .` A ...room, H. E. DuVa 11 , Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND SURETY COMPANY,which is still in full force and effect. IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this 3rd day of July 1974 a SEAL i 1, Assistant Secretary. FORM FS 5890-R2 NOTICE OF AWARD • T0: nadirs Payln� As.o.e. of Orals: P. O, Box 1,37 • • Greeley. Colorado 005S1 PROJECT Description: Construction of narking lot navies and other site improvements at the Meld County Recreation Du:Wins. Island Q'ove Park. The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated June 27 , 19 74 , and Information for Bidders. You are hereby notified that your BID has been accepted for the following • items in the amounts shown: IWes 1 through 14 for a total base bid of $30.019.50 • You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within 7 _- calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within 7 days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the O'WNER'S acceptance of your BID as aban— doned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this grd day of July , 19 Yp . MELD (bC5RT, DOARD Or COUNTY CONNIftIONENS Owner By ,)/g f.{.44,/ AL / ei (/ Ly�,lAn , Title j • � ( A-7 ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by This the day of ,19 ATIMI AMU (DyEN 0.� OaEtwr BY �,O, , 7 C ilj} .. Title A-8 r- • NOTICE TO PROCEED T0: Flatiron Parini CastaY DATE: July 11, 1974 of Greeley PROJECT: Veld County Recreation Building P. 0. Box 1137 Parking Let Paring and Greeley. Colorado $0631 Other Site Impawwaonta You are hereby notified to commence work in accordance with the Agreement dated July 3 , 1974 , on or before July 3 > 1974 , and you are to complete the WORK within 4$ consecutive calendar days thereafter. The date of completion of all WORK is therefore August 1 , 1974 • MELD COUNTY BOARD OF COUNTY COMMISSIONERS 1- Owner BY I / l ? u a Title &A/c .*ft, > ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by FLATIRON PAYING COMPANY OF GREELEY , this the Ird day of July , 19 74 • A_9 • CHANGE ORDER N0. DATE PROJECT PROJECT NO. OWNER CONTRACTOR DESCRIPTION OF CHANGE - That said Contract shall be changed in the following particulars: and that after the said changes shall have been made with additions and/or deletions are hereby directed to be a part of the original Contract, the agreement as shown by the original Contract together with the above-named additions and/or deletions shall consti- tute the agreement and Contract of the parties hereto. JUSTIFICATION CHANGF�I'N CONTRACT COST Item Description Quantity Unit Unit Cost Total Cost Total Amount This Change Order $ Net of Previous Change Orders (+) (-) $ Original Contract Amount $ Revised Total Contract Amount $ CONTRACT TIME Original Completion Date Previous Days Allowed Days Allowed This Change Order Revised Completion Date Recommended: Approved: NELSON, HALEY, PATTERSON and QUIRK, INC. (Owner) By: Field Representative By: Date: (Contractor) Approved: Project Manager By: • Date: Date: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS These General Conditions are reprinted in total, with modification only to Sections 1.13 and 1.23, from "Contract Documents for Construction of Federal Assisted Water and Sewer Projects", dated December 1, 1973, which are approved and endorsed by: Economic Development Administration, Department of Commerce; Environmental Protection Agency; Farmers Home Administration, Agriculture; Department of Housing and Urban Development; Associated General Contractors of America; Consulting Engineers Council; National Society of Professional Engineers. SECTION 1. Definitions 17. Subsurface Conditions 2. Additional Instructions and 18. Suspension of Work, Detail Drawings Termination and Delay 3. Schedules, Reports and Records 19. Payments to Contractor 4. Drawings and Specifications 20. Acceptance of Final Payment as Release 5. Shop Drawings • 21. Insurance 6. Materials, Services and Facilities 22. Contract Security 7. Inspection and Testing 23. Assignments 8. Substitutions 24, Indemnification 9. Patents 25. Separate Contracts 10. Surveys, Permits, Regulations 26. Subcontracting 11. Protection of Work, Property, 27. Engineer's Authority Persons 28. Land and Rights-of-Way 12. Supervision by Contractor 29. Guaranty 13. Changes in the Work 30. Arbitration 14. Changes in Contract Price 31. Taxes 15. Time for Completion and Liquidated Damages 16. Correction of Work GC - 1 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections. 1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK. 1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of se- curity, furnished by the CONTRACTOR and his surety in accordance with the CON- TRACT DOCUMENTS. 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.7 CONTRACT DOCUMENTS - The contract, including Advertisement For Bids, Infor- mation For Bidders, BID, Bid Bond, Agreement , Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA. 1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. 1.10 CONTRACTOR - The person, firm or corporation with whom the OWNER has ex- ecuted the Agreement. 1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the character- istics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER. 1.12 ENGINEER - The person, firm or corporation named as such in the CONTRACT DOCUMENTS. 1.13 FIELD ORDER - A written order effecting a clarification, interpretation or change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction. 1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER. 1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CON- TRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK. GC - 2 1.16 OWNER - A public or quasi-public body or authority, corporation, associ- ation, partnership, or individual for whom the WORK is to be performed. 1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS. 1.16 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. 1.19 SHOP DRAWINGS - All drawings , diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, Manu- facturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. 1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. 1.21 SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 1.22 SUBSTANTIAL COMPLETION - That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. • 1.23 SUPPLEMENTAL GENERAL CONDITIONS - Changes, additions, deletions, substi- tutions or modifications to the General Conditions. 1.24 SUPPLIERS - Any person, supplier or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site. 1.25 WORK - All labor necessary to produce the construction required by the CON- TRACT DOCUMENTS, and all materials and equipment incorporated or to be incorpo- rated in the PROJECT. 1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized repre- sentative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. 2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance • with the additional detail drawings and instructions. GC - 3 3. SCHEDULES, REPORTS AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates , records and other data as the OWNER may request concerning WORK performed or to be performed. 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable: 3.2.1 the dates at which special detail drawings will be required; and 3.2.2 respective dates for submission of SHOP DRAWINGS, the beginning of manu- facture, the testing and the installation of materials, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS 4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS • and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER. 4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFI- CATIONS shall govern. Figure dimensions on DRAWINGS shall govern over scale di- mensions, and detailed DRAWINGS shall govern over general DRAWINGS. 4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICA- TIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk. 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substan- tially deviates from the requirement of the CONTRACT DOCUMENTS shall be evi- denced by a CHANGE ORDER. GC - 4 5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the • SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGI- NEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. 6. MATERIALS, SERVICES AND FACILITIES 6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspec- tion. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies and equipment shall be in accordance with samples sub- mitted by the CONTRACTOR and approved by the ENGINEER. 6. 5 Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards. 7.2 The CONTRACTOR shall provide at his expense the necessary testing and inspec- tion services required by the CONTRACT DOCUMENTS, unless otherwise provided. 7.3 OWNER shall provide all other inspection and testing services not re- quired by the CONTRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, laws, ordinances , rules , regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the GC - 5 CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 7.5 Neither observations by the ENGINEER nor inspections, tests or approvals by persons other than the CONTRACTOR shall relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. 7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating FEDERAL or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof. 7.7 If any WORK is covered contrary to the written request of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense. 7.8 If any WORK has been covered which the ENGINEER has not specifically re- quested to observe prior to its being covered, or if the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CON- TRACT PRICE or an extension of the CONTRACT TIME, or both, directly attribut- able to such uncovering, exposure, observation, inspection, testing and recon- struction and an appropriate CHANGE ORDER shall be issued. 8. SUBSTITUTIONS 8.1 Whenever a material, article or piece of equipment is indentified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities , quality and function shall be considered. The CONTRACTOR may re- commend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by re- ference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. GC - 6 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process , design, or the product of a particular manufacturer or manufacturers is specified, but if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER. 10. SURVEYS, PERMITS, REGULATIONS 10.1 The OWNER shall furnish all land surveys and establish all base lines for locating the principal component parts of the WORK together with a suit- able number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be • charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. • 10.3 Permits and licenses of a temporary nature necessary for the prosecu- tion of the WORK shall be secured and paid for by the CONTRACTOR. Permits, licenses and easements for permanent structures or permanent changes in exist- ing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. 11. PROTECTION OF WORK, PROPERTY AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and super- vising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs , lawns, walks, pavements, roadways , structures and utilities not designated for removal, relocation or replacement in the course of construction. • GC - 7 11.2 The CONTRACTOR will comply with all applicable laws , ordinances , rules , regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CON- TRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. 11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely re- sponsible for the means, methods, techniques, sequences and procedures of con- struction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR's representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. 13. CHANGES IN THE WORK 13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER. 13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within fifteen (15) days after the receipt of the ordered change, and the CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER • or further instruction from the OWNER. GC - 8 14. CHANGES IN CONTRACT PRICE 14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or de- crease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below: (a) Unit prices previously approved. (b) An agreed lump sum. (c) The actual cost for labor, direct overhead, materials, supplies, equip- ment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the WORK to cover the cost of general overhead and profit. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the WORK are es- sential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on date specified in the NOTICE TO PROCEED. 15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIM£. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15. 3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the follow- ing, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER: 15.4.1 To any preference, priority or allocation order duly issued by the OWNER. 15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes GC - 9 specified in paragraphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement. 16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S ex- pense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 17. SUBSURFACE CONDITIONS 17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN NOTICE of: 17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS: or 17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inher- ing in WORK of the character provided for in the CONTRACT DOCUMENTS. 17.2 The OWNER shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE; provided that the OWNER may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION AND DELAY 18.1 The OWNER may, at any time and without cause, suspend the WORK or any por- tion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or re- GC - 10 ceiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws , or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he re- peatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or if he disregards laws , ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the CON- TRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construc tion equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. 18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance • with the CONTRACT DOCUMENTS. 18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the Contract. In such case, the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit. 18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER, terminate the CONTRACT and recover from the OWNER pay- ment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACTOR, if the ENGINEER has failed to act on a re- quest for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days notice to the OWNER and the ENGINEER, stop the WORK until he has been paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK. 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within • the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, and adjustment in the CONTRACT PRICE or an extension of the GC - 11 CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. 19. PAYMENTS TO CONTRACTOR 19.1 At least ten days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect his interest therein, including applicable insurance. The ENGINEER will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will, within ten days of presentation to him of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50%) percent of the WORK has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five (5%) percent on the current and remaining estimates. On completion and accept- ance of a part of the WORK on which the price is stated separately in the CON- TRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19. 3 ALL WORK covered by partial payment made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK upon which payments have been made or the restoration of any damaged WORK, or as a waiver of the right of the OWNER to require the fulfillment of all terms of the CONTRACT DOCUMENTS. 19.4 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK. 19.5 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, GC - 12 laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the further- ance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.6 If the OWNER fails to make payment 30 days after approval by the ENGI- NEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance Bond and Payment Bonds. 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S execution of the WORK, whether such execution be by himself or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1 Claims under workmen's compensation, disability benefit and other similar employee benefit acts; 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; 21.1. 3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; GC - 13 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any oher person; and 21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified; 21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for de- struction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by him- self or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, • sustained by any one person in any one accident; and a limit of liability of not less than $500 ,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in any one accident. 21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Ex- tended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTORS as their in- terest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 21.4 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed, Workmen's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not other- wise protected. 21.5 The CONTRACTOR shall secure , if applicable, "All Risk" type Builder's GC - 14 Risk Insurance for WORK to be performed. Unless specifically authorized by • the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, the ENGINEER, and the OWNER. 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the perform- ance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CON- TRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such busi- ness in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal BONDS, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or other- wise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, without written consent of the party. 24. INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGI- NEER and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or ex- pense is attributable to bodily injury, sickness , disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. GC - 15 24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, any- one directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25. SEPARATE CONTRACTS 25.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable oppor- tunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. 25.2 The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER, if he is performing the additional WORK himself) , reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs. 25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME, he may make a claim therefor as provided in Sections 14 and 15. 26. SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are per- formed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s) , in excess of fifty (50%) percent of the CONTRACT PRICE, without prior written approval of the OWNER. 26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and • omissions of his SUBCONTRACTORS, and of persons either directly or indirectly GC - 16 employed by them, as he is for the acts and omissions of persons directly employed by him. 26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS and to give the CONTRACTOR the same power as regards termi- nating any subcontract that the OWNER may exercise over the CONTRACTOR under provision of the CONTRACT DOCUMENTS. 26. 5 Nothing contained in the CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. 27. ENGINEERS AUTHORITY 27.1 The ENGINEER shall act as the OWNER'S representative during the construc- tion period. He shall decide questions which may arise as to quality and acceptability of materials furnished and WORK performed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The EN- GINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. 27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship and execution • of the WORK. Inspections may be made at the factory or fabrication plant of the source of material supply. • 27.3 The ENGINEER will not be responsible for the construction means, controls , techniques, sequences, procedures, or construction safety. 27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS. 28. LAND AND RIGHTS-Or-WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired. 28.3 The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities or for storage of materials. 29. GUARANTY 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and GC - 17 WORK performed for a period of one (1) year from the date of SUBSTANTIAL COM- PLETION. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the completed sys- tem is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the sys- tem resulting from such defects. The OWNER will give notice of observed de- fects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be necessary by such defects , the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 30. ARBITRATION 30.1 All claims, disputes and other matters in question arising out of or re- lating to, the CONTRACT DOCUMENTS or the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Section 20, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 30.2 Notice of the demand for arbitration shall be filed in writing with the other party to the CONTRACT DOCUMENTS and with the American Arbitration Associa- tion, and a copy shall be filed with the ENGINEER. Demand for arbitration shall in no event be made after institution of legal proceedings based on any claim, dispute or other matter in question or on any claim, dispute or other matter in question which would be barred by the applicable statute of limitations. 30.3 The CONTRACTOR will carry on the WORK and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 31. TAXES 31.1 The CONTRACTOR will pay all sales, consumer, use and other similar taxes required by the law of the place where the WORK is performed. GC - 18 SUPPLEMENTARY GENERAL COgDITIONS AWARD OF CONTRACT The Owner reserves the right to award a contract to that bidder whose bid will best serve the public good. INCREASED OR DECREASED QUANTITIES The Owner reserves the right to make such changes in the quantity of the work as are deemed necessary or advisable without changint the unit bid prices shown in the Proposal. SALES TAX RECORDS The Contractor shall maintain records of all purchases upon which a State sales tax was paid. Upon completion of the work, but prior to payment of the final estimate, the Contractor shall submit to the Owner a summary tabulation, certified to be true, of all purchases upon which sales taxes were paid. This summary is to be used by the Owner as evidence of sales taxes paid for which the Owner should be reimbursed. PREFERENCE IN EMPLOYMENT OF COLORADO LABOR It shall be the obligation of the Contractor to meet the requirements of Sections 80-21-1 and 80-21-2, Colorado Revised Statutes, 1953. • These sections of the Statutes cover the preference in employment of Colorado Labor. METHOD OF PAYMENT AND RETAINED PERCENTAGE The retained percentage to be withheld on periodical payments, shall be ten percent (10%). Payment to the Contractor for the work performed under this Contract shall be made by the Owner in accordance with measurements of completed and accepted work made by the Engineer, as described in these specifications. EXCESS COST OF ADMINISTRATION, INSPECTION AND FIELD ENGINEERING A charge of One Hundred Twenty-five Dollars ($125) per day shall be deducted from monies due the Contractor by the Owner for each workable day that the time of construction exceeds the time set forth in the Contractor's Proposal with allowances for any valid time extensions approved in writing by the Owner. These charges are Liquidated Damages to cover the excess cost of administration, inspection and field engineer- ing to the Owner. SGC-1 The Engineer shall maintain a record of time lost due to bad weather or other unavoidable delays. An accounting of the days lost which are a basis for a time extension will be a part of the payment estimate form. No time extensions will be granted at the end of the project which are not justified by this monthly time accounting. • SGC-2 I DIVISION 1 - GENERAL REQUIREIENTS ' i SECTION 01010 - SUMMARY OF THE WORK PROJECT SITE The site of this work is the area around the new Weld County Recreation Building on the west side of Island Grove Park in Greeley, Colorado. WORK UNDER THIS CONTRACT The Contractor shall furnish all labor, materials, equipment, services and supervision necessary to construct ready for use in accordance with the Drawings and Contract Documents and Specifications the "Parking Lot Pacing and Other Site Improvements." This work consists of: clearing and grubbing, which includes removal of a tree and irrigation structures; subgrade preparation, which consists of shaping of existing subgrade; construction of 2-inch asphaltic parking lot paving; site grading, which includes construction of landscaping mounds; construction of 1-1/2-inch asphaltic sidewalk; and, placing of conduit pipe. WORK NOT INCLUDED The following items are to be provided by the Owner under separate contracts or arrangements: Relocation of existing utility lines interfering with construction. CNC/NHPQ, Inc. will design asphalt mix, perform required tests, and perform the construction staking. 01010 - 1 - t _ • SECTION 01080 - PPPLICABLE CODES Comply with applicable portions of the William-Steiger Occupational Safety and Health Standards of 1970, Public Law 91-596. Notice: Protection of life, health, and public welfare as it relates to the execution of the construction contract is the responsibility of the Contractor. Neither the Owner or the Architect/Engineer will provide obser- vation, inspection, supervision, or any comment on plans, pro- cedure, or actions employed at the project as they relate to safety of life, health, or public welfare. If conditions are imposed by the Architect/Engineer or Owner which interfere with or imply actions detrimental to safety, written notice shall be issued by the Contractor and a decision shall be returned to the Contractor for action prior to effecting-any unsafe conditions. 01080 - 1 7i SECTION 01100 - /LTERNATES Submit on Bid, in spaces provided, alternate bids described in this section. Each alternate bid shall be the monetary difference from the base bid re- flecting all changes, additions, deductions, omissions, or adjustments affecting work included in the base bid. The base bid contemplates the Contractor furnishing the asphaltic cement and the bituminous prime coat covered by the appropriate bid item. Alternate No. 1 - Contemplates the Owner furnishing the asphaltic cement delivered, on the delivery truck, at the Contractor's mixing plant at no charge to the Contractor. The deduction shown on the Bid for this alternate should be the amount the Contractor proposes to deduct per ton for the "asphaltic cement" item of the base bid. Alternate No. 2 - Contemplates the Owner furnishing his asphalt cement allocation to the Contractor who will then buy and pay for this item delivered to his mixing plant. The adjustment shown on the Bid for this alternate should be the amount the Contractor proposes to adjust per ton for the "asphaltic cement" item of the base bid. Alternate No. 3 - Contemplates the Owner furnishing the bituminous prime coat material delivered, on the delivery truck, at the Contractor's mixing plant at no charge to the Contractor. The deduction shown on the Bid for this alternate should be the amount the Contractor proposes to deduct oiler gallon for the "bituminous prime coat" item of the base bid. Alternate No. 4 - Contemplates the Owner furnishing his bituminous prime coat material allocation to the Contractor who will then buy and pay for the material delivered to his plant site. The adjustment shown on the Bid should be the amount the Contractor proposes to adjust per gallon for the "bituminous prime coat" item of the base bid. 01100 - 1 - "-I CONDITIONS OF THE CONTRACT SECTION 02210 - SITE IMPROVEMENTS PART I - GENERAL Work in this section includes clearing and grubbing, subgrade preparation, excavation and filling, building of landscaping mounds of topsoil material. RELATED WORK SPECIFIED ELSEWHERE Section 02612 - Asphalt Paving UTILITIES Protect from damage existing utility lines shown on the Drawings or loca- tions which are made known to the Contractor prior to or during the work, or utility lines constructed during the period of the Contract. Before commencing work, obtain information concerning location, type, and extent of concealed existing utilities on the site. Consult records and personnel of local utility companies, City utility departments , and tele- phone company. Repair any damage to utilities at no cost to Owner. Notify Architect/Engineer immediately in the event of damage to utility lines not shown, or the location of lines not made known to the Contractor. If determined that repairs are to be made by the Contractor, repairs will be ordered under Article 12 of the General Conditions entitled "Changes of Work." PART II - PRODUCTS MATERIALS - Imported Granular Fill Imported granular fill material shall consist of non-swelling mixtures or approved pit run material having maximum dimensions of 1-1/2" and containing 10 to 25% passing the 200 sieve. Topsoil Topsoil for use in construction of site grading in front of the building shall be approved sandy loam free from subsoil, clay lumps, weeds, trash, litter, matted roots, or material harmful to plant growth. Topsoil shall not contain more than 5 percent by volume of stones larger than 1" in diameter. Conduit Conduit shall be 1-1/2" I.D. , Schedule 40 PVC Pipe, of the specified length capped at both ends. 02210 - 1 PART III - EXECUTION TREE REMOVAL The existing 30-inch elm marked for removal shall be removed and the disposal of all tree material and related debris shall be the responsi- bility of the Contractor. All roots from the removed tree shall be removed to provide at least 6" vertical clearance below pavement subgrade. Holes left by the tree removal shall be backfilled and compacted as specified elsewhere. All precautions shall be taken during the tree removal to assure the safety of the public, and to prevent damage to the adjoining trees and to all buildings and other public or private property and improvements. • Any damage resulting from tree removal shall be repaired, replaced, or acceptable restitution made at the Contractor's expense. REMOVAL OF IRRIGATION STRUCTURES The existing irrigation structures marked for removal shall be removed along with all pipe to provide at least 6" vertical clearance below pavement subgrade. Disposal of all materials shall be the responsibility of the Contractor. REMOVAL OF MISCELLANEOUS RUBBLE MATERIALS Removal of the existing rubble pile at the southwest corner of the building and other rubble material encountered in the subgrade prepara- tion shall be removed and the disposal of all such material shall be the responsibility of the Contractor. SUBGRADE PREPARATION Excavation The existing subgrade will be utilized without the addition of base course as a foundation for the asphaltic concrete parking lot paving and sidewalk construction. • Where required, the area will be graded to the dimensions and elevations shown on the plans, staked in the field, or as directed by the Architect Engineer. The top of the subgrade shall be graded to a tolerance of + 0.05' . Any objectionable deviation in excess of this amount shall be corrected prior to depositing of the paving or sidewalk. 02210 - 2 Where spongy or unsuitable areas are encountered which in the opinion of the Architect/Engineer will not provide a suitable subgrade for pavement, the unsuitable material will be removed and replaced with suitable material. Material excavated, if considered suitable for use by the Engineer, shall be used for fill where fill is required. Unsuitable material not large enough to be considered rubble shall be disposed of adjacent to the site as directed by the Engineer. ' Excess suitable material shall be disposed of adjacent to the site as directed by the Engineer. Fill Where fill is required, the fill shall be composed of suitable granular material generated during the excavation phase when available. Required fill material in. excess of that generated on site shall be "imported granular fill". Compaction The top 6" of the subgrade shall be compacted to at least 95% o£ maximum dry density at optimum moisture + 3%. All fill material including imported granular fill shall be placed in lifts not exceeding 6" in depth and compacted to at least 95% of maximum dry density at optimum moisture + 3%, as determined by AASHO Designation ' T-99. SITE GRADING Landscaping Mounds Prior to construction of the asphaltic concrete sidewalk, the Contractor shall place topsoil and construct mounds at the locations and to the elevations shown on the Drawings. The mounds will be shaped in essential conformance to the Drawings or as directed by the Architect/Engineer. Compaction obtained by construction equipment placing and shaping the mounds will be adequate. Additional topsoil materials will be stockpiled in areas designated on the Plans for future use by the landscape contractor. CONDUITS Conduits shall be placed 18" below proposed sidewalk elevation after the landscaping mounds have been constructed, and following compaction of the sidewalk subgrade. 02210 - 3 Trenches shall be of minimum width to permit placing the conduit and the trench shall be backfilled to a density cf 95% as previously specified. The location of this conduit shall be tied down by measurements prior to backfilling and the measurements furnished to the Architect/Engineer. PART IV - MEASUREMENT AND PAYMENT CLEARING AND GRUBBING - Payment shall be made at the lump sum price shown on the Bid for Clearing and Grubbing. Price and payment shall cover all costs of performing the work described. SUBGRADE PREPARATION Payment shall be made at the lump sum price shown on the Bid for Subgrade Preparation, which price and payment shall cover all costs of performing the excavation required, placing material generated in the excavation pro- cess as fill, disposing of unsuitable material generated by excavation, and all compaction not covered by another item. IMPORTED GRANULAR FILL Measurement shall be on the basis of certified weight slips to be furnished to the Architect/Engineer daily. Payment shall be made at the unit price per ton shown on the Bid for Imported Granular Fill, which price and payment shall cover all costs of furnishing, placing, and compacting the material needed to supplement the existing fill material generated during the excavation process. TOPSOIL IN PLACE Measurement shall be on the basis of original and final cross-sections. Payment shall be made at the unit price per cubic yard shown on the Bid for Topsoil in Place, which price and payment shall cover all costs of furnishing and placing and shaping topsoil into the configuration shown on the Drawings. TOPSOIL STOCKPILED Measurement shall be on the basis of trench volume as agreed by the Contractor and the Architect/Engineer. Payment shall be made at the unit price per cubic yard shown on the Bid for Topsoil Stockpiled, which price and payment shall include all costs of furnishing and stockpiling topsoil as directed by the Architect/Engineer. 02210 - 4 T. 1-1/2 INCH PVC CONDUIT Measurement shall be based on the actual length of conduit ordered and accepted by the Architect/Engineer. Payment shall be at the unit price per lineal foot shown on the Bid for 1-1/2" Conduit, which price and payment shall cover all costs of furnishing, installing, backfilling, compacting and furnishing location ties for the 1-1/2" PVC conduit. 02210 - 5 • SECTION 02612 - ASPHALT PAVING PART I - GENERAL DESCRIPTION The work of this section covers the construction of a 2" asphalt concrete pavement on the parking lot and the approaches thereto, as shown on the drawings. This section also covers the construction of a 1-1/2" asphaltic concrete sidewalk in a landscaped area, as shown on the drawings. The work will include soil sterilization under all paving, bituminous prime coat under all asphaltic concrete paving except the asphalt concrete side- walk and liquid asphalt seal coat on all asphaltic concrete pavement includ- ing the sidewalk. . RELATED WORK SPECIFIED ELSEWHERE Section 02210 - Site Improvements REFERENCE STANDARDS Whenever Standard Specifications are referred to hereinafter, they shall be the State Department of Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and Bridge Construction", adopted January 1, 1971. QUALITY CONTROL Establishment of the job-mix and quality control sampling and testing shall be the responsibility of the Owner. - - PART II - PRODUCTS MATERIALS Soil Sterilizing Agent Conform to Section 217.02 of the Standard Specifications. Bituminous Prime Coat Liquid Asphalt MC-70, AASHO M-82, or Emulsified Asphalt SS-1, AASHO M-140 Asphaltic Cement Penetration Grade 85-100, AASHO M-20 Liquid Asphalt Seal Coat Material "Perma-Bind" asphalt binder, sealer and preservative as manufactured by Larutan Corporation, Anaheim, California, or "Gilsibind" as manufactured by the Gilsibind Corporation, North Hollywood, California, or approved equal. 02612 - 1 •-- f Plant Mix Material Conform to the following sections of the Standard Specificaitons. Aggregates - Section 703.04 Grading "C" for parking lot Grading "E" for sidewalks The percentage of asphaltic cement by weight added to the aggregate will be between 5 and 8 percent of the weight of the bituminous mixture. The exact percentage to be used will be established by the Architect/Engineer. PART III - EXECUTION CONSTRUCTION REQUIREMENTS Soil Sterilization Sterilize subgrade under paving and sidewalk only prior to placing paving, in strict accordance with Section 217.03 of the Standard Specifications. Subgrade See Section 02 Bituminous Prime Coat Conform to Section 407 of the Standard Specifications applying the prime coat at 0.3 gallons per square yard as adjusted in the field by the Architect/Engineer. All vertical contact surfaces shall be primed by painting with hot bituminous material of the same grade used in the • prime coat. Asphaltic Concrete Pavement and Asphaltic Concrete Sidewalks Construct hot plant mix pavement in a single lift to a full 2" thickness for parking lot and accessways, and a thickness of 1-1/2" for the side- walks, all in accordance with Sections 401, 403, and 407 of the Standard Specifications. The sidewalk areas shall be constructed after the construction of the landscaping mounds and may be constructed by hand raking and shaping or machine laying. The Contractor shall construct sufficient 6" x 8" railroad tie step at the south end of the sidewalk, properly anchored with No. 4 x 2' rebar at 2' o.c. to support the sidewalk. Liquid Asphalt Seal Coat Conform to Section 409 of the Standard Specifications except that no cover coat material will be used. The application rate shall be 0.10 gallons per square yard or as adjusted by the Architect/Engineer. 02612 - 2 PART IV - MEASJPEMENT AND PAYMENT SOIL STERILIZATION All costs for this item shall be merged with the unit price per square yard shown on the Bid for 2" asphaltic concrete paving or 1-1/2" asphaltic concrete sidewalk and no separate payment shall be made. BITUMINOUS PRIME COAT Measurement of bituminous prime coat material will be the number of gallons actually incorporated into the accepted work, based on actual volume measurement. Payment shall be made at the unit price per gallon shown on the Bid for Bituminous Prime Coat, which price and payment .shall cover all costs of furnishing and placing the material, including painting of vertical sur- faces. 2-INCH ASPHALTIC CONCRETE PAVEMENT Measurement shall be the actual surface area in square yards of 2" asphaltic concrete pavement constructed and accepted, based on as-built measurement. Payment shall be made at the unit price per square yard shown on the Bid, which price and payment shall cover all costs of furnishing and placing the material not covered by other bid items and including all costs of soil sterilization. 1-1/2-INCH ASPHALTIC CONCRETE SIDEWALK - Measurement shall be the actual surface area in square yards of 1-1/2" asphaltic concrete pavement constructed and accepted, based on as-built measurement. Payment shall be made at the unit price per square yard shown on the Bid, which price and payment shall cover ali costs of furnishing and placing the material not covered by other bid items and including all costs of soil sterilization, and all costs of construction the 6" x 8" railroad step or curb previously described. ASPHALT CEMENT Measurement shall be the actual weight in tons of asphalt cement incor- porated in the accepted work, as determined by certified weight tickets. Payment shall be made at the unit price per ton for asphalt cement shown on the Bid, which price and payment shall cover all costs of furnishing and placing the material not covered by other bid items. • 02612 - 3 • LIQUID ASPHALT SEAL COAT Measurement of liquid asphalt seal coat will be the number of gallons actually incorporated into the accepted work, based on actual volume measurement. Payment shall be at the unit price per gallon for liquid asphalt seal coat shown on the Bid, which price and payment shall include all costs of furnishing and placing the material. - • 02612 - 4 IL Hello