HomeMy WebLinkAbout740632.tiff WELD COUNTY COLORADO
,..r For Action To Dote September 25, 1974
,y\
For Info To Bart Buss Your Action Or Reply Is Required
Subject: New Shop Building On Or Before
The following are my commits from a general review of the available plans
and specifications.
1 ) Outside foundations should have 4 - # 5 reinforced bars , not 2 # 5
2) All footings for columns should have 5 # 5 bars on 6" centers each
way.
3) An exhaust system should be provided.
4) The method of sealing roof and side wall joints should be specified.
5) How will roof drainage be handled.
6) How will the side door operate with the overhead crane rail .
7) How will the crane rail be attached to the structural system.
8) The County Engineer should be notified prior to pouring structural
units , so inspection can be made at the plant.
Richard L. Straub
mfm
740632
BIDS APPROVED September 25, 1974
BID REQUEST NO. 073-74
FOR: FURNISHING AND ERECTING A SHOP BUILDING /5cC O.l Y,
BIDDER, W:SOUNT
✓Dave Fenton, Inc. $119,988.00
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GENERAL CONDITIONS OF CONTRACT
FOR
ENGINEERING CONSTRUCTION
1974
INDEX
Section N o. —
Definitions 1
• Execution and Correlation of Documents 2
• Design, Drawings and Instructions 3
Copies of Drawings Furnished __ 1
Order of Completion _ 5
Ownership of Drawings 0 •
Familiarity with Work 7 '
Changed Conditions „
\laterials and Appliances 0 —
Employees 10
Royalties and Patents 11
Surveys 12
Permits. Licenses and Regulations 13
Protection of the Public and of Work and Property 14
Emergency Work 1 11 a
Inspection of Work IS
Superintendence 10
Discrepancies 1
Changes in the Work 111
Extension of Time 10 •
Claims
• Correction of Work before Final Payment 21
Suspension of Work ��
The Owner's Right to Terminate Contract 23
Contractor's Right to Stop Work or Terminate Contract 21
Removal of Equipment 25
Responsibility for Work 20
Partial Completion and Acceptance 27
Payments WithhckI Prior to Final Acceptance of Work 211
Contractor's Insurance 90
Surety Bonds
Owner's Insurance 31
Assignment
32 ,
Rights of Various Interests 33
Separate Contracts 3I
Subcontracts 35 •
Engineer's Status 30
Engineer's Decisions
Arbitration ;ill
Lands for Work 3n)
Cleaning Up A0
Acceptance and Final Payment 11 )
Legal Relations and Responsibility to Public •12
Third Party Liability •13
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SEC. I —Definitions
fa) The Contract Do • to beginning work
Advertisement for rumor's shall consist of 1'r°}ect site. Payment�uG,the
various items on the
Instructions Bids or Nu f ht Contractors, Provided for in the SpecialsConditions.he
fo Kidders. Form of Bid or Pmade as
Addenda. the signed Agreement, Proposal.Conditions of Contract- thelrD swings. aand
nd SEC. 2—Execution•
the Specifications, including all and Correlation of
of•
incorporated in art modifications Documents
execution of Agreement.
of the documents before the there-
The7n Agreement shall be .
r n•emrnt• the Ownere signed in duplicate by
•I•he. Contract Uorument,.
•
h "Ube Owner and die Conlr'aclpr are Ilmse
named ;is such in the A•• lelli. nd
what is called for b). ; are ell 1 e a l'indi
throughout the Contract Document s a s}; : if called for by all- 1 cup one shall Lr as hied hrga as
iw-
ere treated
of the singular number and masculine t( each were inns n cane of conllial Lctpeen Urer
and Specilcations, the Specifications shall
lei gender. govern. Special Specifications shall govern over
Wherever in this Contract the word Standard Specifications. Materials or work
nrcr" is used it shall he understood I ngi-
the Count as referring a in words which so applied have a d to i well-known to such
described
County Engineer,
o to cal or trade meaning shall be held to refer
recognized standards. such
personally ur through an acting
•
ized in writing be ) assistants duly author- SEC. 3—Design,
n the Engineer. 9 Drawings and Instructions
Draw-
Id) An written notice It is agreed that the Owner will be responsible for
terms of the A�• served pursuant to the the tisagreed
adequacy of th
been del Agreement shall be deemed to have
g and design and sufficiency
1 e Age if 1°• prrifiragh ,.,- th0of the Draw-
• - registered moil to delivered in person or h . Engineer, Owner.
the individual. oY r,mrill or the Engineer through the
re to our Officer of the corporation or for wahomrtner, tive,lsh:rllrepas the Owner's represenla-
or to ed• or any authorized representative adequately furnish Drawings and Specifications which
c 4 represent the, requirements of the work
lei The term "Subcontractor"- l vocative thereof.it is
to be performed under the Contract. All such draw-
nur, shall mean any- roes and instructions
other ter the Cont, who f Contract Documents a shall he consistent with the
the site, under an e Cem with the furnished
at r and Specifications
ce true developments
-labor, or uder and iherely Drawingsp s and work
tfications I meets
materials, or labor and gnaosh represent the
anent, but shall not include nn''person equip- work pliiclr ade-
niej,t services of who furnishes furnished priorto !"• done- shall be
a personal nature.
Contract. The Engineer
the time of entering the .En,bue"r may, during H, issueo the
If, Work shall mean the furnishing Contract. and in for life of the
materials, r of all labor, additional instructions,
with Section lg
equipment. and other incidentals neces- other
Salt to the successful by means
and the carrying completion duties
of media, necessary to illustrate changes fin the
} D out of all the duties and obligations
work.
imposer) by the Contract,
I,el Extra work shall mean such additional labor, SEC. 4—Co i
materials, equipment, and other —Copies of Drawings Furnished
required to complete incidentals as are Unless Engineer
provided in the he Contractor,
ont 000r-
nhirlu it 1 16c Contract for the , meat. the E
intended li but was notshow
purpose for ngi a copieswill furnish to
Drawings was called shown on the free of rhargr- all ss of drawings orthe he Conirn
authorized or for in the Specifications, lions thereasonably and sprcifica-
the Owner. in addition or is work. necessary for the execution of
called for in the Drawings and S to that work
feu Dispute shall Specifications.
hyeenany p, mean lack of agreement be-
The 5—Order
parties that have any obligations, of Completion
or responsibilities under the terms of Contract,ct,
The Contractor shall submit, at
Drawings, or Specifications. the may reasonably be such limns as
Ih \lobilizatinn shall schedules which shall shore'the order in which the
by lhr, Engineer,
work and o p,.r ran-s isl of pliimarttry Contractor proposed
to those. I aeons, including. eatlout not limited el, dales at whirl' the Contractor will s on Lu1 thhe e several
necessary for the movementwith
cquipruryui• supplies and of personnel,
parts of the work, and
esiquipment.
for incidentals to the project lion of estimated aces of ants of
establishment of the several parts. The special
and other all offices, bmldiu.s plans may requiteI trial provisions or
facilities necessary ofthe work 1 that certain phases or parts r.
project; and for all other work for work on the be for elects firs, or in
which must; be and operationsIf the shall f Contractor a certain under.Performed, or costs incurred, lieelms to use PERT m' CP,11
•
furnish copies of them to charts,
prior upon request, the
Engineer,
2
SEC. 6—Ownership of Drawings SEC. 10—Employees
All Draw ings. Specifications and copies thereof The Contractor shall at all limes enforce strict
furnished by the Owner shall not be reused on discipline and good older among his employees,
other work by the Contractor. and shall seek to avoid employing on the work any
unfit person or anyone not skilled in the work as-
- SEC. 7—Familiarity with Work signet to him.
Adequate sanitary facilities shall be provided by
The Owner has endeavored to ascertain all perk- the Contractor.
rent information regarding site conditions, and
subsurface conditions, and has, to the best of his SEC. 11 —Royalties and Patents
ability, furnished all such information to the Con-
tractor. Such information is given. however, as The Contractor shall pay all applicable royalties
being the best factual information available to the and license fees. Ile shall defend all suits or claims
Owner, but is advisory only. The Cont ractor, by for infringement of any patent rights and save the
careful examination, shall satisfy- himself as to the Omer harmless from loss on account thereof ex-
nature and location of the work, the character of rept that the Owner shall be responsible for any
equipment and facilities needed preliminary to and such loss when a particular- process. design, or the
{luring the prosecution of the work, the general and product of a particular manufacturer or maim-
local conditions. and all other matters which can facturers is specified, unless the Owner has notified
in any way affect the work under this Contract. the Contractor prior to the signing of the Contract
that the particular process, design- or product is
SEC. 8—Changed Conditions patented or is believed to be patented.
The Contractor shall promptly, and before such SEC. 12—Surveys
conditions are disturbed, except in the event of an •
emergency, notify- the Owner in writing of: (l) Unless otherwise specified, the Owner shall fur-
Subsurface or latent physical conditions at the site nish all land surveys and establish all base lines
differing materially from those indicated in this for locating the principal component parts of the
Contract: or 121 previously unknown physical or work together with a suitable number of bench
other conditions at the site, of an unusual nature, marks adjacent to the work. From the information
differing materially from those ordinarily en- provided by the Owner, the Contractor shall develop
countered and generally recognized as inherent in and make all detail surveys needed for construction
work of the character provided for in this Contract. such as slope stakes, batter hoards, stakes for pile
The Engineer shall promptly- investigate the con- locations and other working points, lines and
ditions, and if he finds that such conditions do so elevations.
materially differ and cause an increase or decrease The Contractor shall carefully preserve bench
in the cost of. or the time required for, performance marks, reference points and stakes and, in case of
of this Contract- an equitable adjustment shall be willful or careless destruction, be shall be charged
made and the Contract modified in writing accord- with the resulting expense and shall be responsible
ingly. Any claim of the Contractor for adjustment for any mistakes that may be caused by their un-
hereunder shall not be allowed unless he has given necessary loss or disturbance.
notice as above required: provided that the Engineer
may, if he determines the facts so justify, consider
and adjust any such claims asserted before the date SEC. 13—Permits, Licenses and Regulations
of final settlement of the Contract. If the parties Permits and licenses of a temporary nature neces-
fail to agree upon the adjustment to be made, the sary for the prosecution of the work shall be
dispute shall be determined as provided in Section secured and paid for by the Contractor. Permits,
39 hereof. licenses and easements for permanent structures or
permanent changes in existing facilities shall be •
SEC. 9—Materials, and Appliances secured and paid for by the Owner, unless other-
wise specified. The Contractor shall give all notices
lhless otherwise stipulated, the Contractor shall and comply with all laws, ordinances, rules and
provide and pas- for all materials, labor, water, regulations bearing on the conduct of the work as
tools, equipment, light, power, transportation and drawn and specified. If the Contractor observes that
other facilities necessary for the execution and corn- the Drawings and Specifications are at variance
pletion of the work. Unless otherwise specified, all therewith, he shall promptly notify the Engineer
materials shall be of good quality. The Contractor in writing. and any necessary changes shall be ad-
shall. if required, furnish satisfactory evidence as to justed as provided in the Contract for changes in P
the kind and quality of materials. the work.
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SEC. 14—Protection of the Public and of its readiness for inspection, and if the inspection is
Work and Property by an authority other than the Engineer, of the date
fixed for such inspection. Inspections by the Engi-
The Contractor shall provide and maintain all neer shall be promptly made, and where practicable _
necessary watchmen, firemen, barricades, signing at the sourer of supply. If any work regrnrrrl to be
in aceordaoce with IOW tiersI 1 Bureau of Public inspected should be coyered 1111 without approval or
• Roads l manual of signing. warmng lights and signs consent of the Engineer, it must, if required by the
and lake all reasonable precautions for the protec- P:twinee r, he uncovered for examination and prop-
lion and safety of the public. He shall continuously crly restored at the Contractor's expense, unless the
maintain reasonable protection of all work from Engineer has unreasonably delayed inspection.
damage. and shall take all reasonable precautions
to protect the Owner's property front injury or Reexamination of any work may be ordered by
loss arising in connection with this Contract. Adja- the Engineer, and. if so ordered,the work must be
cent streets and highways shall be kept free of dirt uncovered by the Contractor. If shch work is found
and litter .from Contractor's handling operations. to be in accordance with the Contract Documents,
The Contractor shall take reasonable precautions the Owner shall pay the cost of reexamination and
to protect private property adjacent to the project replacement. If such work is not in accordance with
from such nuisances as dust and dirt, rock and the Contract Documents, the Contractor shall pay
excessive noise. Ile shall make good any damage, such cost.
injury or loss to his work and to the property
Owner resulting from lack of reasonable protective SEC. 16—Superintendence
precautions, except such as may be due to errors
in the Contract Documents. or roused by agent or The Contractor shall keep on his work at all times
employees of the Owner. Ile shall adequately protect during its progress, a competent superintendent
adjacent private and public property, as provided by and/or responsible assistants. The superintendent
Law and the Contract Documents. shall represent the Contractor and all directions P
given to him shall be binding as if given to the Con-
SEC. 14(a)—Emer ere Work tractor. Important directions shall immediately be
Emergency confirmed in writing to the Contractor. Other direc-
tions Lt an enrergrncy affecting the safety of life or of shall be so confirmed on written request in
the work or of adjoining property, the Contractor each case.
is, without special instructions or authorization
from the Engineer, hereby permitted to act at his SEC 17—Discrepancies
discretion to prevent such threatening loss or injury. If the Coulractur, in the coursr, of the work, finds
Ile shall also so act, without appeal. if so authorized any discrepancy between the Drawings and the
or instructed by the Engineer. Any compensation physical conditions of the locality, or any errors or
claimed by the Contractor on account of emergency' omissions in Drawings or in the layout as given by
work, shall he determined by agreement or in ac- survey points and instructions, he shall immediately
cord:urce with Section 39. inform the Engineer, in writing, or by telegram,
and the Engineer shall promptly verify the same.
SEC. 15—Inspection of Work Any work done after such discovery, until author-
The Owner shall provide sufficient competent• ized, will be done at the Contractor's risk, except
personnel, working under qualified supervision for in the event of an emergency.
the inspection of the work while such work is in
progress to ascertain that the completed work will SEC. 18— Changes in the Work
comply in all respects with the standards and re- The Owner may make changes in the Drawings
• quirenents set forth in the Specifications. Notwit - and Specifications or scheduling of the Contract
'standing such inspection, the Contractor will be within the general scope at any time by a written
held responsible for the acceptability of the finished order. If such change add to or deduct from the
work. Contractor's cost of the work, the Contract price
The Engineer and his representatives shall at all shall be adjusted accordingly. All such work shall
times have access to the work whenever it is in be executed under the conditions of the original
preparation or progress, and the Contractor shall Contract except that any claim for extension of
provide proper facilities for such access and for time caused thereby shall be allowed and adjusted
inspection. at the time of ordering such change or at such
If the Specifications, the Engineer's instructions, time as it can be ascertained.
laws, ordinances, or any public authority require In giving instructions, the Engineer shall have r
any work to be specially tested or approved, the authority to make minor changes in the work not
Contractor shall give the Engineer timely notice to involving extra cost, and not inconsistent with the
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purpose of the work. Except in an emergency endan- instruction. and in any event before proceeding
gyring life and property, no extra work ar change to execute the work, except emergency endangering
shall be made unless in pursuance of a written life or property, and the procedure shall then be as
order by the Engineer, and no claim for an addition provided for changes in the work. No such claim _
to the Contract Stun shall be valid unless the addi- shall be valid unless so made.
tional work was so ordered.
The Contractor shall proceed with the work as
changed and the value of any such extra work or SEC. 21 —Correction of Work Before
change shall be determined as provided for in the Final Payment
Agreement. The Contractor shall promptly remove from the
premises all materials and work cmulenuu•d by the
SEC. 19—Extension of Time Engineer as failing to meet Contract requirements,
(a) Extension of time stipulated in the Contract whether incorporated in the work or not, and the
Contractor
for completion of the work will be made when shall promptly replace and re-execute
•
changes in the work occur, as provided in Section his own work in accordance with the Contract and
I Y,; when the work is suspended as provided in
without expense to the Owner and shall bear the
Section 23; and e6mn the work of the Contractor expense of making good all work of other con-
is delayed on account of conditions which could not tractors destroyed or damaged by such removal or
have been foreseen, or which were beyond the con- replacement.
trol of the Contractor, his Subcontractors or sup- All removal and replacement work shall be done
pliers, and which were not the result of their fault at the Contractor's expense. If the Contractor does
or negligence. Extension of time for completion nut take action to remove such condemned work and
shall also be allowed for any delays in the progress materials within 10 days after written notice, the
of the work caused by any act (except as provided Owner may remove them and store the material r
elsewhere in these General Conditions) or neglect at the expense of the. Contractor. If the Contractor
of the Owner or his employees, or by other Con- does not pay the expense of such removal and stor-
tractors employed by the Owner, or for any delay age within ten days time thereafter, the Owner may,
in the furnishing of drawings and necessary infor- upon ten days written notice, sell such materials at
'nation by the Engineer, or delay in return of shop auction or at private sale and shall pay to the Con-
draw ings, or for any other cause which in the tractor any net proceeds thereof, after deducting all
opinion of the Engineer entitles the Contractor to the costs and expenses that should have been borne
an extension of time, including but not restricted by the Contractor.
to, acts of the public mutiny, acts of any govern-
ment in either its sovereign or any applicable con-
tractual capacity, acts of another contractor in the SEC. 22—Suspension of Work
performance of a contract with the Owner, fires,
Hoods, epidemics, quarantine restrictions, freight The Owner may at any time suspend the work,
embargoes, unusually severe weather, or labor
disputes. or any part thereof, by giving 2 days
notice to the Contractor in writing. The Work shall
(h) The Contractor shall notify the Engineer be resumed by the Contractor within ten O01 clays
promptly of :any occurrence or conditions which in after the elate fixed in the written notice from the
the Contractor's opinion entitle him to an extension Owner to the Contractor so to do. The Owner shall
of time. Stab notice shall be in writing and shall reimhuse the Contractor for expense incurred by
be submitted in ample time to permit full investiga- the Contractor in connection with the work under
lion and evaluation of the Contractor's claim. The this Contract as a result of such suspension. If the
Engineer shall acknowledge the Contractor's notice work, or any part thereof, shall be stopped by notice
within 5 days of its receipt. Failure to provide such in writing aforesaid, and if the Owner does not give
notice shall constitute a waiver by the Contractor notice in writing to the Contractor to resume work
of any claim.
at a date within 2 __ days of the date fixed
SEC. 20—Claims iu the written notice to suspend, the Contractor may
abandon that portion of the work so suspended
If the Contractor claims that any instructions by and he will be entitled to the estimates and payments
drawings or otherwise issued after the date of the for all work done on the portions so abandoned, if
Contract involve extra cost under the Contract, he
shall give the Engineer written notice thereof within any. plus -- percent of the work so ahan-
5 dotted, to compensate for loss of overhead, plant r
days, after the receipt of such expense, and anticipated profit.
5
SEC. 23—The Owner's Right to upon seven days' written notice to the Owner and
Terminate Contract the Engineer. stop work or terminate this Contract
If the Contractor should be adjudged a bank- and recover from the Owner pavurul tor all work •
rupt, or if he should make a general assignment for executed, plus any loss sustained upon any plant
or materials plus reasonable profit and damages. _
the benefit of Lis creditors. or if a receiver should
be appointed on account of his insolvency, or if he
should persistently or repeatedly refuse or should SEC. 25—Removal of Equipment
fail, except in cases for which extensions of time In the case of termination of this Contract before
are provided, to supply enough properly skilled
workmen or materials, or if he should fail to make completion from any cause whatever, the Con-
payments to Subcontractors or for material or labor, tractor. if notified to do so by the Owner, shall
so as to affect the progress of the work, or persist- promptly remove any part or all of his equipment
end). he guilt of a substantial violation of the and supplies from the property oldie Owner, failing
Contract, thin the Owner. upon the written notice which the Owner shall have the right to remove such
of the Engineer that sufficient cause exists to justify equipment and supplies at the expense of the Con-
such action may, without prejudice to any other tractor. —
right or remedy and after giving die Contractor and
his Surety seven days' written notice, terminate the , SEC. 26—Responsibility for Work
employment of the Contractor and take possession
of the premises and of all materials, tools, equipment The Contractor assumes full responsibility for
and other facilities installed on the work and paid the work. Until final acceptance, the Contractor
for by the Owner, and finish the work by whatever shall be responsible for damage to or destruction of
method he may-deem expedient. In such case the the work (except for any part covered by partial
Contractor shall not be entitled to receive any acceptance as set forth in Section 27 I, unless such
further payment until the work is finished. If the damage or destruction is caused by the negligence
unpaid balance of the contract price shall exceed of the Contractor. Ile agrees to make no claims p
the expense of finishing the work. including corn- against the Owner for damages to the work from
pensatior for additional managerial and adminis- any cause except negligence or willful acts of the
(rative services. such excess shall be paid to the Owner, improper or faulty design, acts of an Enemy,
Contractor. If such expense shall exceed such unpaid acts of war or as provided in Section 31.
balance, the Contractor shall pay the difference to
the Owner. The expense incurred by the Owner as
herein provided, and the damage incurred through SEC. 27—Partial Completion and Acceptance
the Contractor's default, stall be certified by the If at any time prior to the issuance of the final
Engineer,
certificate referred to in Section •41 hereinafter, any
Where the Contract has been terminated by the portion of the permanent construction has been
Owner, said termination shall not affect or termi- satisfactorily completed, and if the Engineer deter- r
nate any of the rights of the Owner as against the mines that such portion of the permanent construe-
Contractor or Iris surety then existing or which may tion is not required for the operations of the Con-
thereafter accrue because of such default. Any re- tractor but is needed by the Owner, the Engineer
trillion or payment of moneys by the Owner due the shall issue to the Contractor a certificate of partial
Contractor under the terms of the Contract, shall completion, and thereupon or at any time there-
not release the Contractor or his surety from lia- after the Owner may take over and use the portion '
bility for his default. of the permanent construction described in such
certificate.
SEC. 24—Contractor's Right to Stop Work The issuance of a certificate of partial completion
or Terminate Contract shall not be construed to constitute an extension of
If the work should be stopped under an order of the Contractor's time to complete the portion of the
any court, or other public authority, for a period permanent construction to which it relates if be has
of more than three months, through no act or fault failed to complete it in accordance with the terms
of the Contractor or of anyone employed by him, of this Contract- The issuance of such a certificate
or if the Engineer should fail to issue any estimate shall not operate to release the Contractor or his
sureties from any obligations under this Contract
for payment within .30 _ days after it is due, or the performance bond.
or if the Owner should fail to pay the Contractor
30 If such prior use increases the cost of or delays
within _ days of its maturity and ',resell- the work, the Contractor shall be entitled to extra
tatiou, any sum certified by the Engineer or compensation, or extension of time, or both, as the
awarded by arbitrators, then the Contractor may, Engineer may determine, unless otherwise provided.
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SEC. 28—Payments Withheld Prior to All policies shall be for not less than the amounts
Final Acceptance of Work set forth above or as stated in the Special Condi-
tions. Other forms of insurance shall ak., be pro-
As a result of subsequently discovered evidence, riled if called for by Ih:: Special Conditions.
the Owner may oithhold or nullify the whole or
part of any certificate of payment to such extent Certificates or copies of policy of web insurance —
as may be necessary to protect himself from loss shall be filed with the Owner, and shall be subject
caused by: to his approval as to adequacy of protection, within
lal Defective .work not remediedthe requirements of the Specifications. Said certifi-
cates of insurance shall contain a 30 days' written
Ibl Cairns filed or reasonable evidence indicat- notice of cancellation in favor of the Owner.
ing probable filing of claims by other parties
against the Contractor
SEC. 30—Surety Bonds
Icl Failure of the Contractor to make payments properly to Subcontractors or for material The Owner shall have the right, prior to the sign-
or labor ing of the Contract, to require the Contractor to
furnish a 1110 percent performance bond for the
Olt Damage to another Contractor Contract and the payment of all obligations, arising
thereunder, in such form as the Owner may pre-
• When the above grounds are removed or the scribe in the bidding documents and executed by
Contractor provides a Surety Bond satisfactory to one or more financially responsible sureties. If
the Owner tthich will protect the Owner in the prior to the receipt of bids notice is given that such
amount withheld, pa\merit shall be made for bond is required, the premium shall be paid by the
amounts nithheld because of there. No moneys may Contractor; if subsequent thereto, it shall be paid
be withheld under Ibt and (CI above if a payment by the Owner. Such surety bond shall cover the en-
bond is included in the Contract. tire contract amount, regardless of changes in total
contract amount. r
SEC. 29—Contractor's Insurance
The Contractor shall secure and maintain such SEC. 31 —Owner's Insurance
insurance policies as will protect himself, his Sub- The (Owner) (Contractor) shall secure and
cunt ractors, and unless otherwise specified, the
Owner, from claims for bodily injuries, death or maintain insurance to 100 _—. percent of the
property damage. winch may arise from operations insurable value thereof against fire, earthquake,
under this Contract t,hither sock operations be by flood, and other perils as he may deem necessary
himself or by any Subcontractor or anyone em- and shall name the (Contractor) (Owner) and
ployed by them directly or indirectly. 'The following Subcontractors as additional insured. Such insur-
insurance policies are required: ance shall be upon the entire work in the Contract p
and any structures attached or adjacent thereto.
(al Statutory Workmen's Compensation
fbt Contractor's Public Liability and Property
Damage— SEC. 32—Assignment
Bodily Injury: Neither party to the Contract shall assign the Con-
each person S 100,000 _ tract or sublet it as a whole without the written
each accident x100,000 consent of the other and its surety, nor shall the
Contractor assign any moneys due or to become due.
Property I):mntge: to him hereunder, except to a bank or financial
each accident s1003_000 — institution acceptable to the Owner.
aggregate s 3Q0_,000---
(cI Automobile Public Liability and Property SEC. 33—Rights of Various Interests
I)amage-
Wherever work being done by the Owner's forces, ,
Bodily Injury: utility compmaies, or by other contractor's forces is
each person S__—____.—_ contiguous to work covered by this Contract. the
each accident $ -------- respective rights of the various interests involved
shall be established by the Engineer, to secure the
Property Damage: completion of the various portions of the work in
each accident $ — general harmony. r
SEC. 34—Separate Contracts SEC. 39—Lands for Work
The Owner reserves the right to let other contracts . The Owner shall provide as indicated on Drawing
in connection with this project. The Contractor shall
afford other contractors reasonable opportunity for No. _ _. - _. _ and not later than the date
the introduction and storage of their materials and when needed by the Contractor the lands upon •
_
the execution of their work, and shall properly which the work under this Contract is to be done,
connect and coordinate his cork With theirs. If the rights of wan' for access to same, and such other
proper execution or results of any part of the Goa- lauds which are designated on the drawing g for the
• traitor's work depends upon We work of any other use of the Contractor. Any delay in the furnishing
Contractor. the Contractor shall inspect and promptly of these lands by the Owner shall be deemed proper
report to the Engineer any defects in such work that cause for an equitable adjustment in both Contract
render it unsuitable for such proper execution and Price and Time of Completion.
results. The Contractor shall provide at his own expense
and without liability to the Owner ;my additional •
SEC. 35—Subcontracts land and access thereto that may be required for
The Contractor shall, as soon as practicable after temporary construction facilities, or for storage —
signing the Contract. but in any event prior to the of materials.
performance of any work by any subcontractor,
. notify the Owner in writing of the names of Sub-
,contractors proposed for the work designating the SEC. 40—Cleaning Up
portions of.work to be performed by each. The Contractor shall remove at his own expense
The Contractor agrees that he is as fulls reynon- from the Ow'ner's property and from all public and
sible to the Owner for the nets and omissions of his private property all temporary structures, rubbish
Subcont factors and of persons either directly or and waste materials resulting from his operations.
indirectly employed by than, as he is for the acts This requirement shall not apply to property used
and omissions of persons directly employed by him. for permanent disposal of rubbish or waste mate- r
vials in accordance with permission of such dis-
Nothing contained in the Contract Documents posal granted to the Contractor by the Owner
shall create any contractual relation between any thereof where such disposal is in accordance with
Subcontractor and the Owner. local ordinances and is approved by the Engineer.
SEC. 36—Engineer's Status
The Engineer shall perform technical inspection SEC. 41 —Acceptance and Final Payment
of the work. Ile has authority to stop the work when-
(a) Upon receipt of written notice that the work
ever such stoppage may be necessary to insure the is substantially completed or really for final insprr-
proper execution of the Contract. Ile shall also have lion and acceptance, the Engineer will promptly
authority to reject all work and materials which do make such inspection, and when he finds the work
not conform to the Contact and to decide questions acceptable under the Contract and the Contract fully
which arise in the execution of the work. perforated or substantially completed he shall •
promptly issue a certificate, over his own signature, .
SEC. 37—Engineer's Decisions stating that the work required by this Contract has -
The Engineer shall- within a reasonable time after been completed or substantially completed and is
their presentation to him, make decisions in writing accepted by him under the terms and conditions
on all claims of the Owner or the Contractor and on thereof. and the entire balance found to be due the
all other matters relating to the execution and prog- Contractor, including the retained percentage, less
ress of the work or the interpretation of the Contract a retention based on the Engineer's estimate of the
Documents. fair value of the claims against the Contractor and
• th• e cost of completing the incomplete or unsatisfan•
SEC. 38—Arbitration . tory items of work with specified amounts for each
incomplete or defective item of work, is due and
Any controversy or claim arising out of or relat- payable. The date of substantial completion of a
ing in this Contract. or the breach thereof, which project or specified area of a project is the date
cannot be resolved by mutual agreement. shall be when the construction is sulliciently completed in
settled by arbitration in accordance with the Rules accordance with the Contract Documents as molt-
of the American Arbitration Association, and judg- lied by any change (inlets agreed to by the parties
meat upon the award rendered by the Arbitrator(s) so that the Owner can occupy the project or speci- '
may be entered in any Court having jurisdiction tied area of the project for the use for which it was
thereof. intended. r
8
(hi liefot'' issuance of final payment, the Con- daily interest at the rate of 6 percent per annum
tractor. if required in the Special Conditions, shall commencing on the first day after said pa\meat is
certify in writing to the Engineer that all payrolls, due and continuing until the payment is delivered
material hills, and other indebtedness connected with or mailed to the Contractor.
the work have been paid, or otherwise satisfied,
except that in case of disputed indebtedness or liens, SEC. 42—Legal Relations and Responsibilty
if the Contract does not include a payment bond, to Public
the Contractor may submit in lieu of certification of
payment a surety bond in the amount of the die- Laws and Regulations: The Contractor shall keep
puhvf indebtedness or liens, guaranteeing payment himself fully informed of all City and County Ordi-
of all such disputed amounts. including all related minces and Regulations. and State and Federal laws
costs and interest ill connection with said disputed which in any manner affect the work herein spec-
indebtedness or liens which the Owner may be coo- fled- Ile shall at all times observe and comply with
pelled to pay upon adjudication. said ordinaries. regulations- and laws, and shall
protect and indemnify the Owner and its officers
(r) The making and acceptance of the final pay- and agents against any claim or liability arising
ment shall constitute a waiver of all claims by the from or based on the violations of such ordinances,
Owner. other than those arising froin unsettled regulations. or laws. caused by the negligent actions
liens, from fault- work appearing within the guar- of the Contractor, his agents, or employees.
❑nice period provided in the Special Conditions,
from the requirements of the Drawings and Specifi-
cations, or from,manufacturer's guarantees. It shall
also constitute a waiver of all claims by the Con-
tractor, except those previously made and still •
unsettled.
01) If after the work has been substantially
•
completed, full completion thereof is materially de-
laved through no fault of the Contractor, and the
Engineer so certifies, the Owner shall. upon certifi-
rate of the Engineer. and without terminating the
Contract. make payment of the balance due for that
portion of the work fully' completed and accepted.
Such payment shall be made under the terms and
conditions governing final payment- except that it
shall not constitute a waiver of claims.
•
(e) If the Owner fails to make payment as herein
provided, there shall be added to each payment
•
•
9
af•ia n\
€( �= Bond No.
``s"
THE WESTERN CASUALTYAND SURETY COMPANY
FORT SCOTT, KANSAS
A STOCK INSURANCE COMPANY
LABOR AND MATERIAL PAYMENT BONA
Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED.
Note: This bond is issued simultaneously with performance bond in favor of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That . DAVID...E.....FENT0N.,....INC
(Here insert full name and address or legal title of the Contractor)
3525...Ogilvy...C.ourt.,...Greeley.,. Colorado
as Principal, hereinafter called Principal, and THE WESTERN CASUALTY AND SURETY COMPANY, Fort Scott, Kansas, as Surety, hereinafter called
Surety, are held and firmly bound unto
Board of County Commissioners, Weld County, Colorado
Here Insert full name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
One Hundred Nineteen Thousand Nine Hundred Eighty-Eight and No/100 Dollars
(Here insert a sum equal to at least one-half of the contract price)
($ 119,988.00 1 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS. Principal has by written agreement dated September 25, 1974 entered into a contract with Owner
for Construction of New Shop Building
in accordance with Drawings and Specifications prepared by Wyoming Prestress Co.
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as herein-
after defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise
it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as
may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Prin-
cipal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor,or furnished the last
of the materials for whichsaid claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mai ling the same by registered mail or certified mail, post-
age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busi-
ness, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not
be made by a public officer.
(b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part
thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by
Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien by presented under and
against this bond.
Signed and sealed this 25th day of September A. D. 19 74
In the presence of: DAVII�J E�6�� (Seal)
(v • (pal)
(Title)
THE WESTERN CASUALTY AND SURETY OMPANY
By
Attorney-in-Fact
Form FS 5618-R3 MUL.
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
Norman D. Noe or Gladys L. Conrady, 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.
Provided, No authority is extended for
the execution of Open Penalty Bonds.
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_........_.......2.3r.d day of July 19.7.3
THE WESTERN��CASUALTY AND SURETY COMPANY
• ,,,,,y
/T'//////// SEAL g(
(�,,1�
STATE OF KANSAS By •
ss
COUNTY OF BOURBON Vice President
On this. 23rd day of. July 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 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
:::::mission
. [/may// ////////
AIIV I \ :p•SNEp�
+O q0"i
NOTARY
expires September 5, 1976 - PUBLIC
Notary Public. `1%m t
H. E. DuVall 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. 2...5m day of
September 1974 0,..".,,
he(a4.4 ; SEAL
Y i F
Assistant Secretary.
FORM FS 5690-R2
BUILDING CONTRACT
FORM 0,4114RB*MENT
*OR
MIIRUtGxCONSTauCTIO Nx
THIS AGREEMENT, made on the 25th of September 19 74
by and between Weld County, Colorado
party of the first part, hereinafter called the OWNER, and
• David E. Fenton, Inc. , 3525 Ogilvy Court, Greeley, Colorado
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named,
agree as follows:
ARTICLE I—Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the drawings and described in the
specifications for the project entitled Shop Building
all in accordance with the requirements and provisions of the following Documents as well as
the Contract Documents as hereinafter defined in the General Conditions which are hereby made
a part of this Agreement:
(a) Drawings prepared for same by Wyoming Prestress Co.
numbered
and dated August 15, 19 74
(b) Specifications consisting of:
1. "Standard General Specifications" issued by
Edition
2. "Special Conditions" as prepared by Richard Straub
dated September 25, 1974
1
_,
3. The "General Conditions of Contract for Engineering Construction"-19 74 Edition.
4. Addenda
No. Date
ARTICLE II—Time of Completion
(a) The work to be performed under this Contract shall he commenced within 20
calendar days after receipt of written notice to proceed. The work shall be completed
within 90 (calendar) Q5.4Q0lt{M4) days after receipt of notice to proceed.
(b) Failure to complete the work within the number of (calendar) Qi4a*t4A) days stated in
this Article, including extension granted thereto as determined by Section 19 of the General
Conditions, shall entitle the Owner to deduct from the moneys due to the Contractor as
"Liquidated Damages" an amount equal to $ for each (calendar) (working)
day of delay in the completion of work.
r
(c) Failure to complete the work within the number of (calendar) ptwoolott(gs) days stated in
this Article, including extension granted thereto as determined by Section 19 of the General
Conditions, shall entitle the Owner to deduct from the moneys due to the Contractor as a
penalty, an amount equal to $ for each (calendar) (working) day of delay
in the completion of work.*
ARTICLE III—Extra Work •
If the Engineer orders, in writing, the performance of any work not covered by the Draw-
ings or included in the Specifications, and for which no item in the Contract is provided, and for
which no unit price or lump sum basis can be agreed upon, then such extra work shall be done
on a Cost-Plus-Percentage basis of payment as follows:
(a) The Contractor shall be reimbursed for all costs incurred in doing the work, and shall
receive, an additional payment of ---- percent of all such cost to cover his indirect
overhead costs, plus ---- percent of all costs, including indirect overhead, as his fee.
(b) Extra Work is to be performed as agreed upon by the Owner and Contractor on a reason-
able basis including but not limited to the following items:
1. Wages: The actual payroll costs plus fringe benefits of all workmen such as laborers,
mechanics, craftsmen and foremen.
2
r. n
•
2. Material: The contractor's or subcontractor's net costs for materials and supplies,
including sales and user taxes where applicable.
3. Equipment Brutal: The rental charges for vehicles, construction machinery and equip- _
meat, including transportation charges if any, and charges for electrical power, fuel,
lubricants, water and special services as published by the Associated Equipment
Distributors.
•
For equipment which the contractor regularly keeps and uses on the job site, the rental
charges shall not exceed the applicable monthly rates published by the Associated
Equipment Distributors. However, the rental charges for special equipment which must
be moved to the job site, because of the nature of the work, shall not exceed the appli-
cable monthly, weekly or daily rates including transportation charges.
4. Taxes and Insurance: The charges for payroll taxes; bond premiums; workmen's com-
pensation, public liability, property damage, special hazard, social security and other
insurance premiums.
5. Fee: The contractor will be paid the actual costs listed above plus an allowance of
fifteen (15) percent thereof if the work is performed by the contractor's or the sub-
contractor's forces. This fee is considered as full compensation for the contractor's or
the subcontractor's general superintendent, office expense, overhead and profit.
(c) The hours and rates of labor and equipment and costs of materials used each day shall be
submitted to the Engineer in a satisfactory form on the succeeding day, and shall be
approved by him or adjusted at once.
(d) Monthly payments are to be handled in the same manner as regular progress payments.
•
•
•
•
• ARTICLE IV-A—Payment
(a) The Contract Sum.
1. Except for adjustment as provided herein, the Owner shall pay to the Contractor, for
the performance of the work, the lump sum of $ 119,988 which amount shall be
known as the Contract Sum. •.
2. The Contract Sum shall be equitably adjusted to cover changes in the work ordered by
die Engineer. but not shown on the Drawings or required by the Specifications. Such
increases or decreases in the Contract Sum shall be determined by agreement between
the Owner, or the Engineer, as his representative, and the Contractor. If the parties are
unable to agree in advance upon a fixed amount, the work so ordered may be done
under the provisions of Article III.
(b) Progress Payments. The Owner shall make payments on account of the Contract as follows:
1. On not later than the 10th day of every month, the Contractor shall present to the r
Owner or his authorized representative an invoice covering the percentage as determined
by the Engineer of the total amount of the Contract which has been completed from
the start of the job up to and including the last day of the preceding month, together
with such supporting evidence as may be required. This invoice shall also include the
cost of such materials required in the permanent work as has been delivered to the site
but not as yet incorporated in the work.* Where provision is made for payment for
materials delivered to the site, or elsewhere, evidence that the Contractor has paid •
suppliers is required.
2. On not later than the 25th day of the month, the Owner shall, after deducting previous r.
payments made, pay to the Contractor 90 percent of the amount of the approved invoice.
The 10 percent retained percentage may be held by the Owner until the value of the
total work completed at the end of any mouth equals 50 percent of the total amount of
the Contract, after which if the Engineer finds that satisfactory progress is being made,
he shall recommend that all of the remaining monthly payments be paid in full and
they shall become so payable. Payments for work, under Subcontracts of the general
Contractor, shall be subject to the above conditions applying to the general Contract
after the work under a Subcontract has been 50 percent completed.
3. Final payment of all moneys due shall be made within 45 days of the completion
and acceptance of the work .
4
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the (lay and
year first above written.
-Weld County, Colorado
t.
Board of-County Commissioners
iONVI
ice a �t
WITNESS: Member
Me
•
y 74ttL't0 GG
CONTRACTOR
WITNESS: /J
By: /114 4
Title
r
5
/ +!r c, mr
t
mineion To-WP1tla.unty Shops _ Date u1 1, 1981
COLORADO From_Ilonndrioll , Engineering Department
Subject: _ _o t ses ._
Site 315' X 495' 155,925.00 = 3.57 Ac.
43,560
Main Shop 70,866
Gas House 100
Oil House 875
Tire Shop 6,500
Wash House 1,200
Sign Shop 4,800
Total 84,341.00 Square Feet
The above figures are approximate footages.
Hello