06-17-2004 2004 STREET REPAIR AND IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTSt
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TOWN OF AVON
COLORADO
2004 STREET REPAIR AND IMPROVEMENTS
HEART of the VALLEY
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C O L O R A D O
SPECIFICATIONS AND CONTRACT DOCUMENTS
MAY 2004
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INDEX
CONTRACT DOCUMENTS
Advertisement for Bids
Instructions to Bidders
Bid Form
Bid Bond
Notice of Award
Construction Agreement
Performance Bond
Labor and Material Bond
Notice to Proceed
Change Order
General Conditions Index
General Conditions
Special Conditions / Job Specifications
Project Drawings:
SK -1 Vicinity Map
SK -2 Benchmark Road Roto - milling and Overlay
SK -3 Raised Crosswalk Detail
SK -4 East Beaver Creek Blvd Patch Details
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CHANGE ORDER
Order No.: One
Date: 6/17/04
Agreement Date:
NAME OF PROJECT: _2004 Street Repair and Improvements
OWNER: Town of Avon
CONTRACTOR: Oldcastle SW Group, Inc. dba B & B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Area II — Metcalf Road (add paving and associated work listed below from Lot 41,
Block 1, Benchmark through the intersection of Metcalf Road and Wildwood Road)
Item 1.1 —Add Mobilization
Per LS 1 LS @ $1000
Item 3.1 — Add Asphaltic Concrete (1627 linear feet)
Per Ton 489 Ton @ $41.32
Item 3.2 — Epoxy Paint Striping
Per Linear Foot 4881 LF @ $0.75
Item 3.4 — Shoulder Reconstruction
Per Linear Foot 3254 LF @ $0.70
Item 5.1 — Traffic Control
Per LS
1 LS @ $3000
TOTAL AREA II
Change to CONTRACT PRICE: $ 30,144.03
Original CONTRACT PRICE: $ 156 407.15
$1000.00
$20,205.48
$3660.75
$2277.80
$3000.00
$30,144.03
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 156, 407.15
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by
$_186.,551.18
The new CONTRACT PRICE including this CHANGE ORDER will be $_186,551.18
CK9Z
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by 0 calendar days.
The date for completion of all work will be
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved 1
(Date).
Federal Agency Approval (where applicable):
�'b q
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town ngineer
Date: June 17, 2004
Re: 2004 Street Repair and Improvements
Change Order Number One
Summary: Attached Change Order Number One for the 2004 Street Repair and
Improvements represents an increase to the contract to take advantage of the low bid prices and extend the
paving on Metcalf Road to the intersection with Wildwood Road. The net effect of this Change Order is
to increase the Contract Amount $30,144.03 from $156,407.15 to $186,551.18. This Change Order is
within the Project Budget. This change order is align with the project budget that is being presented with
the award of the construction contract.
The Project Budget for the 2004 Street Repair and Improvements, is as follows:
Construction Contract
$ 156,407
Change Order # One
$
30,144
Geotechnical Services for Wildwood Road
$
4,000
Guardrail on Wildridge Road East
$
6,000
Testing Services and Administration
$
3,000
Contingency
$
5,449
Total Project Budget
$ 205,000
Approval of Change Order Number One to the B & B Excavation, Inc. contract for construction of the
2004 Street Repair and Improvements is recommended, increasing the Contract Amount $30,144.03 from
$156,407.15 to $186,551.18.
Note: This recommendation for approval is contingent upon the prior approval of the
Construction Contract for the 2004 Street Repair and Improvements.
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Recommendations: Approve Change Order Number One to the B & B Excavating, Inc.
contract for construction of the 2004 Street Repair and Improvements, increasing the Contract Amount
$30,144.03 from $156,407.15 to $186,551.18, contingent upon the prior approval of the construction
contract.
Town Manager Comments: ]�
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CHANGE ORDER
Order No.: Two
Date: 9/8/04
Agreement Date: 6/28/04
NAME OF PROJECT: 2004 Street Repair and Improvements
OWNER:
of Avon
CONTRACTOR: Oldcastle SW Group, Inc. dba B & B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
AREA I
Item 3.1 — Add Asphaltic Concrete
Per Ton 97.9 Tons @ $42.00 $4111.80
Item 3.6 — Delete Preformed Plastic ( #5730) Stop Bars
Per EA 1 EA @ $170.00 <$170.00>
AREA II
Item 3.1 — Delete Asphaltic Concrete
Per Ton 17 Tons @ $41.32 <$702.44>
AREA III
Item 3.1 — Add Asphaltic Concrete
Per Ton 5_7 Tons @ $66.00 $376.20
Change to CONTRACT PRICE
Original CONTRACT PRICE
TOTAL
$ 3,615.56
$ 156,407.15
$3615.56
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 186, 551.18
The CONTRACT PRICE due to this CHANGE ORDER will be �ncreasq(decreased) by
$_3,615.56
The new CONTRACT PRICE including this CHANGE ORDER will be $ 190,166.74
CO -I
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved
(Date).
" //Z�, o
I, ederal Agency Approval (where applicable):
CO -2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Ton Engineer
Date: September 8, 2004
Re: 2004 Street Repair and Improvements
Change Order Number Two
Summary: Attached Change Order Number Two for the 2004 Street Repair and Improvements
represents an increase to the contract due to the final field quantities associated with construction. The net effect of
this Change Order is to increase the Contract Amount $3,615.56 from $186,551.18 to $190,166.74. This Change
Order is within the Project Budget and is covered by the project contingency. This is the Final Change Order for
the 2004 Street Repair and Improvements Project construction contract.
The Project Budget for the 2004 Street Repair and Improvements, is as follows:
Construction Contract
$ 156,407
Change Order # One
$
30,144
Change Order # Two
$
3,616
Geotechnical Services for Wildwood Road
$
4,000
Guardrail on Wildridge Road East
$
6,000
Testing Services and Administration
$
3,000
Contingency
$
1,833
Total Project Budget
$ 205,000
Approval of Change Order Number Two to the B & B Excavation, Inc. contract for construction of the 2004 Street
Repair and Improvements is recommended, increasing the Contract Amount $3,615.56 from $186,551.18 to
$190,166.74.
Recommendations:
Approve Change Order Number Two to the B & B Excavating, Inc. contract
for construction of the 2004 Street Repair and Improvements, increasing the Contract Amount $3,615.56 from
$186,551.18 to $190,166.74.
Town Manager Comments:
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IADVERTISEMENT FOR BIDS
MAY 27, 2004
The Town of Avon, Colorado, will receive sealed bids for 2004 Street Repair and Improvements
for the Town of Avon, Colorado. Bids will be received at the Office of the Town Clerk, Avon
Municipal Complex, P.O. Box 975, 400 Benchmark Road, Avon, Colorado, 81620 until 11:00
a.m., local time, on the 14th Day of June, 2004, at which time and place all bids will be publicly
opened and read aloud.
Construction for which bids will be received includes:
AREA I
Benchmark Rd - starting at the intersection with West Beaver Creek Blvd and ending at
the intersection with Benchmark Rd (in front of Library) approximately 1100 linear feet.
Improvements include two -inch asphalt overlay after roto - milling, manhole and valve
box adjustments, striping, crosswalk reconstruction, geotextile fabric installation,
removal and replacement of curb and gutter and traffic control.
AREA II
Metcalf Rd - starting at the intersection with Nottingham Rd (sta. 0 +00) and ending at the
intersection with Wildwood Rd (sta.) with the exception of the area paved in 2003
starting at Lot 40, Benchmark at Beaver Creek to Lot 41, Benchmark at Beaver Creek.
Improvements include two -inch asphalt overlay including driveway tie -ins, shoulder
work, roto - milling, manhole and valve box adjustments, striping, geotextile installation,
' raising guardrail and traffic control.
AREA III
Reconstruction of north bound Avon Rd from Hurd Lane to Roundabout No. 4.
Improvements include two -inch asphalt overlay after roto - milling, manhole and valve
adjustments, striping, crosswalk reconstruction, striping and Traffic control
The Contract Documents, including Plans and Specifications, are on file at the Office of the
Town Engineer, Town of Avon Department of Public Works, 500 Swift Gulch Road, Avon,
' Colorado. Plans, Specifications and Contract Documents are available from the Town of Avon
upon receipt of $30.00 per set. Deposits will not be returned. Contractors are requested to
contact the Town of Avon at (970) 748 -4100 to reserve /order copies of Plans and Specifications
24 hours prior to pick up.
A pre -bid conference will be held on Thursday, June 3, 2004, 3:00 p.m. at the Avon Town
Municipal Complex, 400 Benchmark Road, Avon, Colorado.
A certified check or bank draft, on a responsible, solvent bank, or a satisfactory Bid Bond
executed by the Bidder and a recognized Colorado licensed Surety Company, payable to the
Town of Avon, Colorado, in the amount of not less than five percent (5 %) of the total bid, shall
be submitted with each bid as security that the Bidder to whom the contract may be awarded will
enter into a contract in accordance with this notice, and give bond as hereinafter provided.
I AB -1
No bid shall be withdrawn after the opening of the bids, without the consent of the Town of
Avon, for a period of sixty (60) days after the scheduled Bid Opening. The successful bidder
will be required to furnish satisfactory performance and payment bonds in the full amount of the
bid or proposal.
All bids must be submitted in writing on the forms provided, and signed by the Bidder or his
duly authorized agent.
The Town of Avon reserves the right to reject any and all bids, to waive any informalities in
bidding, and to make Award in such a manner as they may deem right and proper for the best
interest of the Town of Avon.
TOWN OF AVON, COLORADO
int
Patty McKenny, Town Clerk
PUBLICATION DATES:
Eagle Valley Enterprise
Vail Daily
May 27, 2004
June 3, 2004
June 10, 2004
INSTRUCTION TO BIDDERS
1. Defined Terms
Terms used in these Instructions to Bidders, which are defined in the General Conditions of the
Construction Contract, have the meanings assigned to them in the General Conditions. The term
"Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the
basis of Owner's evaluation as hereinafter provided) makes an award. The term "Engineer,"
where used in these specifications, shall mean the Town Engineer of the Town of Avon.
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents, in the number and for the deposit sum, if any,
stated in the Advertisement, may be obtained from the Owner.
2.2 Complete sets of Bidding Documents shall be used in re arin Bids; neither Owner nor
P P g ,
Engineer assumes any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer, in making copies of Bidding Documents available on the above
terms, do so only for the purpose of obtaining Bids on the work, and do not confer a grant
or license for any other use.
3. Qualifications of Bidders
To demonstrate qualifications to perform the work, each Bidder is required to submit, with his
bid, written evidence of the types set forth in the Special Conditions, such as financial data,
previous experience, and evidence of authority to conduct business in the jurisdiction where the
Project is located, on the form provided. Each bid must contain evidence of Bidder's
qualifications to do business in the state where the Project is located, or covenant to obtain such
qualification, prior to award of the contract.
4. Examination of Contract Documents and Site
4.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents
thoroughly; (b) visit the site to familiarize himself with local conditions that may, in any
manner, affect cost, progress or performance of the work; (c) familiarize himself with
federal, state, and local laws, ordinances, rules, and regulations that may, in any manner,
affect cost, progress, or performance of the work; (d) study and carefully correlate
Bidder's observations with the Contract Documents.
' 4.2 Reference is made in the Special Conditions to those reports of investigations and tests
for the identification of subsurface and latent physical conditions at the site, which have
been relied upon by Engineer in preparing the Drawings and Specifications. Engineer
will make copies of such reports available to any Bidder requesting them. These reports
are not guaranteed as to accuracy or completeness, nor are they part of the Contract
Documents. Before submitting his Bid, each Bidder will, at his own expense, make such
additional investigations and tests, as the Bidder may deem necessary, to identify such
1B -1
conditions affecting cost, progress, or performance of the work, and to determine his Bid
for performance of the work in accordance with the time, price and other terms and
conditions of the Contract Documents.
4.3 Owner will, on request, provide each Bidder access to the site to conduct such
investigations and tests, as each Bidder deems necessary for submission of his /her Bid.
4.4 The lands upon which the work is to be performed, right -of -way for access thereto, and
other land designated for use by Contractor in performing the work are identified in the
Special Conditions or Drawings.
4.5 The submission of a Bid will constitute an incontrovertible representation by the Bidder
that he has complied with every requirement of this Article 4, and that the Contract
Documents are sufficient in scope and detail to indicate and convey an understanding of
all terms and conditions for performance of the work.
5. Interpretations
All questions about the meaning or intent of the Contract Documents shall be submitted to the
Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties
recorded by the Engineer as having received the Bidding Documents. Questions received less
than (10) days prior to the date for opening of bids will not be answered. Only answers to
questions answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
6. Securit
Bid Security, in the form of a duly authorized Bid Bond or Cashier's Check in the amount of five
percent (5 %) of the bid, shall accompany all Bids.
7. Contract Time
The number of days within which, or the date by which, the work is to be completed (the
Contract Time), is set forth in the Bid Form and will be included in the Agreement.
8. Damages for Delays
Provisions for damages for delays, if any, are set forth in the Bid Form and Contract Documents.
9. Substitute Material and Equipment
The Contract, if awarded, will be on the basis of material and equipment described in the
Drawings, or specified in the Specifications, without consideration of possible substitute "or
equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a
substitute or "or equal" item of material or equipment may be furnished or used by Contractor if
acceptable to Engineer, applications for such acceptance will not be considered by the Engineer
until after the "effective date" of the Agreement. The procedure for submittal of any such
1:
application by Contractor and consideration by Engineer is set forth in paragraphs 6.7, 6.7.1, and
6.7.2 of the General Conditions.
' 10. Subcontractors, etc.
10.2 If required by the Special conditions, the apparent Successful Bidder, prior to the
Notice of Award, shall identify, in writing to Owner, those portions of the work
that such Bidder proposes to subcontract. After the Notice of Award, the
Successful Bidder may only subcontract other portions of the work with Owner's
written consent.
10.3 No Contractor shall be required to employ any Subcontractor, other person, or
organization against whom he has reasonable objection.
11. Bid Form
10.1 If the Special Conditions require the identity of certain Subcontractors, other
persons, or organizations to be submitted to Owner in advance of the Notice of
Award, the apparent Successful Bidder and any other Bidder so requested, will,
within seven (7) days after the date of the Bid opening, submit to Owner a list of
all Subcontractors and other persons and organizations (including those who are
to furnish the principal items of material and equipment) proposed for those
portions of the work for which such identification is so required. Such list shall
be accompanied by an experience statement, with pertinent information as to
similar projects by the Subcontractor, person or organization, if requested by
Owner. If Owner or Engineer, after due investigation, has reasonable objection to
any proposed Subcontractor, other person, or organization, either may, before
giving the Notice of Award, request the apparent Successful Bidder to submit an
acceptable substitute without an increase in Bid Price. If the apparent Successful
Bidder declines to make any such substitution, the Contract shall not be awarded
to such Bidder. Any Subcontractor, other person, or organization so listed, about
whom Owner or Engineer does not make written objection prior to the giving of
the Notice of Award, will be deemed acceptable to Owner and Engineer.
10.2 If required by the Special conditions, the apparent Successful Bidder, prior to the
Notice of Award, shall identify, in writing to Owner, those portions of the work
that such Bidder proposes to subcontract. After the Notice of Award, the
Successful Bidder may only subcontract other portions of the work with Owner's
written consent.
10.3 No Contractor shall be required to employ any Subcontractor, other person, or
organization against whom he has reasonable objection.
11. Bid Form
IB -3
11.1 The Bid Form is attached hereto; additional copies may be obtained from the
Town of Avon Engineer.
11.2 Bid Forms must be completed in ink or by typewriter. The Bid Price of each item
on the form must be stated in words and numerals. In case of a conflict, words
will take precedence.
11.3 Bids
by corporations must be executed in the corporate name by the president or a
vice - president (or other corporate officer, accompanied by evidence of authority
to sign), and the corporate seal must be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the signature.
IB -3
11.4 Bids by partnerships must be executed in the partnership name and be signed by a
partner, whose title must appear under the signature. The official address of the
partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which shall be filled in on the Bid Form).
11.7 The address to which communications regarding the Bid are to be directed must
be shown.
12. Submission of Bids
Bids (including the original copies of the Contract Documents used by the Bidder to develop his
Bid) shall be submitted at the time and place indicated in the Advertisement for Bids. The Bid
shall be enclosed in an opaque sealed envelope, marked with the Project title and name and
address of the Bidder, and accompanied by any other required documents. If the bid is sent
through the mail, or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face thereof.
13. Modification and Withdrawal of Bids
13.1 Bids may be modified or withdrawn by an appropriate document duly executed
(in the manner that a Bid must be executed) and delivered to the place where Bids
are to be submitted, at any time prior to the opening of Bids.
13.2 If, within twenty -four hours after bids are opened, any Bidder files a duly signed
written notice with Owner, and promptly thereafter demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial mistake
in the preparation of his Bid, that Bidder may withdraw his Bid. Thereafter, that
Bidder will be disqualified from further bidding on the work.
14. Opening of Bids
When Bids are opened, an abstract of the information will be made available to Bidders.
15. Bids to Remain Open
All Bids shall remain open for sixty days after the day of the bid opening, but Owner may, at his
sole discretion, release any Bid.
16. Award of Contract
16.1 Owner reserves the right to reject any and all Bids, to waive any and all
informalities, and to negotiate contract terms with the Successful Bidder. Owner
reserves the right to disregard all nonconforming, nonresponsible, or conditional
Bids. Discrepancies between words and figures will be resolved in favor of
is
1
16.7 Owners reserves the right to award each bid section to separate bidders.
1 17. Performance and Other Bonds
General Conditions and the Supplementary General Conditions set forth Owner's requirements
as to performance and other bonds. When the Successful Bidder delivers the executed
Agreement to Owner, it shall be accompanied by the required Contract Security.
18. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at
least three unsigned counterparts of the Agreement and all other Contact Documents. Within
five (5) calendar days thereafter, Contractor shall sign and deliver at least three counterparts of
the Agreement to Owner with all other Contract Documents attached. Within ten (10) days
thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify
those portions of the Contract Documents not fully signed by Owner and Contractor, and such
identification shall be binding on all parties.
OR
words. Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum.
16.2
In evaluating Bids, Owner shall consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and alternates
and unit prices, if requested in the Bid Forms. It is Owner's intent to accept
alternates (if any are accepted) in the order in which they are listed in the Bid
Form, but Owner may accept them in any order or combination.
'
16.3
Owner may consider the qualifications and experience of Subcontractors, other
persons, and organizations (including those who are to furnish the principal items
1
of material or equipment) proposed for those portions of the work for which the
identity of Subcontractors, other persons, and organizations must be submitted as
provided in the Special Conditions. Operating costs, maintenance considerations,
delivery dates, performance data, and guarantees of materials and equipment may
also be considered by Owner.
16.4
Owner may conduct such investigations as it deems necessary to assist in the
evaluation of any Bid, and to establish the responsibility, qualifications, and
financial ability of the Bidders, proposed subcontractors, other persons, and
organizations to do the work in accordance with the Contract Documents, to
Owner's satisfaction, within the prescribed time.
16.5
Owner reserves the right to reject the Bid of any Bidder.
'
16.6
If the contract is to be awarded, it will be awarded to the lowest Bidder whose
evaluation by Owner indicates to Owner that the Award will be in the best
interests of the Project.
16.7 Owners reserves the right to award each bid section to separate bidders.
1 17. Performance and Other Bonds
General Conditions and the Supplementary General Conditions set forth Owner's requirements
as to performance and other bonds. When the Successful Bidder delivers the executed
Agreement to Owner, it shall be accompanied by the required Contract Security.
18. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at
least three unsigned counterparts of the Agreement and all other Contact Documents. Within
five (5) calendar days thereafter, Contractor shall sign and deliver at least three counterparts of
the Agreement to Owner with all other Contract Documents attached. Within ten (10) days
thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify
those portions of the Contract Documents not fully signed by Owner and Contractor, and such
identification shall be binding on all parties.
OR
19. Schedule of Values
Per Article 14.1 of the General Conditions, the successful Bidder shall submit a Schedule of
Values, per the Owner's requirements. Said Schedule shall be used to make adjustments to the
Contract amount, if necessary, and will be used by the Owner for internal administrative
purposes.
1
IC •
TOWN OF AVON 2004 STREET REPAIR AND IMPROVEMENTS
' BID FORM
tOPOSAL OF Oldcastle SW Group, Inc. dba B &B Excavating
In individual doing business as
N/A
N/A
partnership consisting of
Icorporation organized and existing under the Laws of the State of Colorado.
to: Town of Avon
P.O. Box 975
IAvon, Colorado 81620
BID
BASE
u SE B D the Advertisement for Bid and Instructions to Bidders, issued by the Town of Avon,
02olorado, furnish all labor and materials required for 2004 Street Repair and Improvements,
Town of Avon, Colorado, and appurtenant work as shown on the Drawings and Specifications,
tall for the sum of
($ /S 6 10 �5 ) as per the following Bid Schedule.
t
Addenda
L -1 � . �.� �,� L -3
L -5,
L -2z L -4 L -6
ollars
0
The Owner will act on this Proposal within forty -five (45) days following receipt. Upon
acceptance and award of the Contract to the undersigned by the Owner, the undersigned shall
execute the Contract Documents, and furnish Performance and Payment Bonds for the full
amount of the Contract within ten (10) calendar days to insure proper compliance with the terms
and provisions of the Contract, to guarantee the work until final completion and acceptance
including the guarantee period stipulated, and to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the Contract.
Work under this Contract shall commence not later than sixty (60) days after Award of Contract
by the Owner, and the undersigned shall cause work to progress in a manner satisfactory to the
Owner. Such work shall be completed not later than 30 calendar days from the date of Notice to
Proceed. The undersigned bidder further agrees to pay as liquidated damages the sum of
$440.00 for each consecutive calendar day thereafter, as hereafter provided in the Special
Conditions.
BF -1
The undersigned certifies that the bid prices contained in this Proposal have been carefully
checked and are submitted correct and final.
Signed at 8 am
Contractor's License No
this 14th day of June 2004
CO 0164401IM
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-Vaughn
Vaughn Pack, C.O.O.
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BID SCHEDULF
TOWN OF AVON, COLORADO
200:1 STREET REPAIR �ItND IMPROVEMENTS
The fotlowing schedule of unit prices are those detcmrined by the Bidder necessary to furnish all supervision,
tcc'mical personnel, labor, materials, equipment, tools, services, transportation overhead, and prof
required lu
complete each item in place `'or the quantities shown. 'These unit prices shall furnish the basis for determining
extra cost or credits resulting From changes in the work, as indicated in ,Vticic 1 l of the General Conditions of
the Contract. If there is u disCrcpan et
cy between the unit pnccs and the extended total price shown, the unit puce
shall govern. Items not listed in .his schcdulc shall be :assumed to be incidental to the contract.
Description, apnrcximate yu;tntity, and unit pnc : in words ind iigutes
AREA I - Benchmark Road (W. BC Blvd to south of the Season's Building)
ITnit
unit
u1I ?tlt�'
Unit
rice
Cost
[ tern
1.0 General
1.1 Mobilization, Includes rnOblllzatlon of all personnel,
equipment, supplies and other necessary facilities in
1
LS
S6Z5 cv
S, 6ZS°°
preparation for work on this prcjcct.
2.0 Demolition
2.1 Rotomi.11 2" Existing Asphalt, including removal and
S1
,SS
Z/1 79 .9D
haulina,
39636
7,ai
00
2.2 Remove and of iristina Curb & Clutter
2.3 Remove and Dispose of F.xisting Sidewalk
146
SF
3.0 Roadway
3.1 Asphaltic C:uncrctc (SN), 2 inch overlay, cornplctc in
place, including tack coat, compaction and
5�
TONS
temporary pavement control
3.2 Asphalt Leveling Course (SX), complete in place,
including tack coat
16
TUNS
&g o0
968 00
3.3 Asphalt Concrete - Ctaiscd Crosswalk
I
LS
-
3A F -pox y Paint Striping, complete in place including
1710
l .F
glass beads
Z 9 L 00
/ZD. 00
3.5 Preformed Plastic ( #5730) "vum grows
4
FA
00 ov
8-'5'0. C>0
3.6 Preformcd Plastic (1,5730) Stop gars
5
F:A
—
BF -3
'
3 yo, 1;P0
EA
BID SCIIEDL'LE
(continued)
3.7 Preformed Plastic Speed Rump Warning Stripes
(series of ,,vI11te markilig to match existing)
t3.3
Preformed Plastic X%valk Stripes
(series of white markin; to match exlsttno
'3.9
Parking) Bus Stop Pavement Marking
1
_3.10 Amoco Pctrotak, furnish and install Gcotcxtilc Fabric,
at alligatcred area complete in place.
'
As tic'.d detcrntincd
6
1386
3-11 Concrete Curb & Gut *.cr (1 '/t butter)
'
3.12 Concrete Sidewalk (4 ") complete in place
146
3.13 Subg ode Preparation and compaction far ,ids walk
1
and curb anli `utter
4.0 Utilities
'
4.1 Manhole Adjustments — Adjust manhole tops to
1 /q" below resurfaced pavement Bade
50Traffic Control
5.1 Construction Zonc Traffic Control, consists of furnishing
installing, moving, maintaining and rcm0l. ,all temporary
traffic sins and devices, and other operations as requircd
by the Manual of Unifornt Traffic Control Devices for
Streets and Highways and the Colorado Supplement 1
thereto.
TOTAL BID AREA I
Pries in words and figures.
LA
3 yo, 1;P0
EA
LS
36'5;
SF
LF
SF
LS
So, 00
00.00
3651-, 00
/.Slo. '7q
337._00
g q6 -go
7 ,-7, cu
EA /sy, Cp 00
y ,g6 s � z/' s6 s' Do
LS
AREA iI — Metcalf Road
uantity
t: m
1.0 General
1.1 Mobilization, includes mobilization of all personitul,
ilitie
equipment, supplies and other necessary facs in
BF -4
I✓'
Xyo6-
Unit Unit
Price Cost
BID SCHEDULE (continued) LS
1
preparation (or work on this project.
2.0 Demolition,
2.1 f�otomi11 2" Existing Asphait. ittcludin; remoL'al and 127 '(,
hauling
1 3.0 Roadway
3,1 As Concrete, 2 inch overlay, cocnptete in
' place. includu,J tack coat, eucnpaction and l 1'R
temporary pavement control
3.2 Epoxy Paint Striping. complete in place including
' 107255
glass heads
3.3 Preformed Plastic (#5730) Step Bar> 3
' �,4 Shoulder Reconditioning. all work consisting of blad'
and compactin
shaping, wetting g shuulde:s to match
resurfaced pavement grades. Including base rock as 71 �U
' needed. Asphalt millings maybe used.
'4.0 Utilities
4.1 Manhole Adjustments — Adjust manhole tops to 8
below resurfaced pavement , adc
' 4.2 Curb Steps (valve boxes) — Adjust existing valve 9
box tops to 1/3" belo% resurfaced pavement gradc
5.0 Traffic Control
S.1 Construction Zone Traffic Control, consists of furnishing
' installing, mov'inD, maintaining and removing all temporary
traffic sigtls and devices, and other('untrol
"ons Devi as
fur ed
by the Manual of Uniform Tr ic.ment
' Streets and H1gliw:tys anti the Colorado Supp l
thereto.
' 'fOT?►L BID AREA 11
Price in words and figures.
' BF -5
t
SF
TONS
LF
F
LF
EA
EA
I.S
/oSv Go
l6� —�O y 00
/c s�Co
/S3 �O /Z7la o
Soo 00
t `
BID SCHEDULE (continued)
' AREA III - East Beaver Creek Bled
' (tern
1.0 General
1.1 Mobilization, includes mohillzation of all personnel.
equipment, supplies and other necessary :dcilitizs in
' preparation for work on this project.
2.0 Demolition
' 6.1 Rotors 112" Existing Asphalt, including re:i:ovrl and
hauling
' 3.0 Roadway
3.1 Asphaltic Concrete Patch (SX), complete in place,
including tack coat, compaction and temporary
pavement control
' 3.2 Paint Striping, complete in place
33 preformcd Plastic ( #5730) Stop Bars
' 3A C.osswalk Striping
Quantity
3859
Unit
Unit Price
LS zj 660. o0
53 TONS 6�o,rxj
1 LS SOQ,�7
l F A /6,21F• 00
1 F.A /S %S00
4.0 Traffic Control
4.1 Construction 'Lone Traffic Control, consists n f furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement 1
thereto.
TOTAL BID AR}+:A TIT
Price in words and figures. /
TOTAL BASH: BID (ARE,' 1 p(.L'S AREA 11 PLUS AREA 1II)
Unit
cost
2 660,00
-32-30,00
3fy98 0C,
_Q2,
/69. aJ
/,SASS a°
LS /� 3v v, 00 1� 300.00
Bi -ti
2,
�St; �o7lS
ja,T,�J
7
it
11
I)
TOWN OF AVON 2004 STREET REPAIR AND IMPROVEMENTS
BID FORM
PROPOSAL OF
An individual doing business as
A partnership consisting of
A corporation organized and existing under the Laws of the State of Colorado.
To: Town of Avon
' P.O. Box 975
Avon, Colorado 81620
BASE BID
Pursuant to the Advertisement for Bid and Instructions to Bidders, issued by the Town of Avon,
Colorado, furnish all labor and materials required for 2004 Street Repair and Improvements,
Town of Avon, Colorado, and appurtenant work as shown on the Drawings and Specifications,
all for the sum of Dollars
($ ) as per the following Bid Schedule.
IAddenda
L -1 L -3
1 L -2
L -4
L -5
L -6
The Owner will act on this Proposal within forty -five (45) days following receipt. Upon
acceptance and award of the Contract to the undersigned by the Owner, the undersigned shall
execute the Contract Documents, and furnish Performance and Payment Bonds for the full
amount of the Contract within ten (10) calendar days to insure proper compliance with the terms
and provisions of the Contract, to guarantee the work until final completion and acceptance
including the guarantee period stipulated, and to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the Contract.
Work under this Contract shall commence not later than sixty (60) days after Award of Contract
by the Owner, and the undersigned shall cause work to progress in a manner satisfactory to the
Owner. Such work shall be completed not later than 30 calendar days from the date of Notice to
Proceed. The undersigned bidder further agrees to pay as liquidated damages the sum of
' $440.00 for each consecutive calendar day thereafter, as hereafter provided in the Special
Conditions.
BF -1
I
1
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
The undersigned certifies that the bid prices contained in this Proposal have been carefully
checked and are submitted correct and final.
Signed at
Contractor's License No.
this day of
BF -2
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1
r-
rBID SCHEDULE
TOWN OF AVON, COLORADO
2004 STREET REPAIR AND IMPROVEMENTS
The following schedule of unit prices are those determined by the Bidder necessary to furnish all supervision,
technical personnel, labor, materials, equipment, tools, services, transportation, overhead, and profit required to
complete each item in place for the quantities shown. These unit prices shall furnish the basis for determining
extra cost or credits resulting from changes in the work, as indicated in Article 11 of the General Conditions of
the Contract. If there is a discrepancy between the unit prices and the extended total price shown, the unit price
shall govern. Items not listed in this schedule shall be assumed to be incidental to the contract.
1 Description, approximate quantity, and unit price in words and figures.
AREA I — Benchmark Road (W. BC Blvd to south of the Season's Building)
Unit Unit
Item Quantit Unit Price Cost
1.0 General
1.1 Mobilization, includes mobilization of all personnel,
equipment, supplies and other necessary facilities in
preparation for work on this project. I LS
2.0 Demolition
' 2.1 Rotomill 2" Existing Asphalt, including removal and
hauling 54252 SF
' 2.2 Remove and Dispose of Existing Curb & Gutter 27 LF
2.3 Remove and Dispose of Existing Sidewalk 146 SF
3.0 Roadway
' 3.1 Asphaltic Concrete (SX), 2 inch overlay, complete in
place, including tack coat, compaction and
temporary pavement control
3.2 Asphalt Leveling Course (SX), complete in place,
including tack coat
' 3.3 Asphalt Concrete — Raised Crosswalk
3.4 Epoxy Paint Striping, complete in place including
glass beads
3.5 Preformed Plastic ( #5730) Turn Arrows
' 3.6 Preformed Plastic ( #5730) Stop Bars
BF -3
597
TONS
1
EA
1673
LF
4
EA
5
EA
THIS PAGE INTENTIONALLY LEFT BLANK I
J
BID SCHEDULE (continue)
'
3.7 Preformed Plastic Speed Bump Warning Stripes
2
EA
3.8 Preformed Plastic Xwalk Stripes
2
EA
3.9 Parking / Bus Stop Pavement Marking
1
LS
3. 10 Amoco Petrotak, furnish and install Geotextile Fabric,
'
at alligatored area complete in place.
As field determined
2000
SF
3.11 Concrete Curb & Gutter (1 %2' gutter)
27
LF
3.12 Concrete Sidewalk (4 ") complete in place
146
SF
3.13 Subgrade Preparation and compaction for sidewalk
'
and curb and gutter
1
LS
' 4.0 Utilities
4.1 Manhole Adjustments — Adjust manhole tops to
' '/4" below resurfaced pavement grade 3 EA
5.0 Traffic Control
5.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
' thereto. 1 LS
TOTAL BID AREA I
Price in words and figures.
AREA II — Metcalf Road
Item Quantit
' 1.0 General
j1.1 Mobilization, includes mobilization of all personnel,
equipment, supplies and other necessary facilities in
' preparation for work on this project. 1
Unit
LS
Unit Unit
Price Cost
t
�I
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I
BID SCHEDULE (continue)
' 4.1 Manhole Adjustments — Adjust manhole tops to
'/4" below resurfaced pavement grade 8 EA
4.2 Curb Stops (valve boxes) — Adjust existing valve
box tops to '/4" below resurfaced pavement grade 9 EA
5.0 Traffic Control
' 5.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
' by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
thereto. 1 LS
' TOTAL BID AREA II
Price in words and figures.
1
BF -5
2.0 Demolition
2.1 Rotomill 2" Existing Asphalt, including removal and
'
hauling 1236
SF
3.0 Roadway
3.1 Asphaltic Concrete, 2 inch overlay, complete in
place, including tack coat, compaction and
temporary pavement control 1128
TONS
3.2 Epoxy Paint Striping, complete in place including
glass beads 10725
LF
3.3 Preformed Plastic ( #5730) Stop Bars 5
EA
3.4 Shoulder Reconditioning, all work consisting of blading,
'
shaping, wetting and compacting shoulders to match
resurfaced pavement grades. Including base rock as
needed. Asphalt millings may be used. 7150
LF
4.0 Utilities
' 4.1 Manhole Adjustments — Adjust manhole tops to
'/4" below resurfaced pavement grade 8 EA
4.2 Curb Stops (valve boxes) — Adjust existing valve
box tops to '/4" below resurfaced pavement grade 9 EA
5.0 Traffic Control
' 5.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
' by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
thereto. 1 LS
' TOTAL BID AREA II
Price in words and figures.
1
BF -5
I
r,
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I
BID SCHEDULE (continue)
' AREA III — East Beaver Creek Blvd
Item Quantit Unit
1.0 General
' 1.1 Mobilization, includes mobilization of all personnel,
equipment, supplies and other necessary facilities in
preparation for work on this project. 1 LS
2.0 Demolition
2.1 Rotomill 2" Existing Asphalt, including removal and
hauling 3859 SF
3.0 Roadway
3.1 Asphaltic Concrete Patch (SX), complete in place,
including tack coat, compaction and temporary
pavement control 50 TONS
3.2 Paint Striping, complete in place 1 LS
3.3 Preformed Plastic ( #5730) Stop Bars 2 EA
4.0 Traffic Control
' 4.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
thereto. 1 LS
' TOTAL BID AREA III
Price in words and figures.
1
TOTAL BASE BID (AREA I PLUS AREA II PLUS AREA III)
Price in words and figures.
Unit Unit
Price Cost
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n
L�
BID BOND
' KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
Oldcastle SW Group, Inc, dba
B &B Excavating as Principal, and
' (Name and Address of Contractor)
Xt Specialty Insurance Company as Surety, are hereby
' (Name and Address of Contractor)
held and firmly bound into Town of Avon as Owner in the penal
' (Name of Owner)
sumof Five Percent (5 %) to the Total Bid Dollars
for the payment of which well and truly to be made
P ym y , we hereby jointly and severally bind
ourselves, successors, and assigns.
' Signed, this 14th day of June 2004
The Condition of the above obligation is such that whereas the Principal has submitted to.
' the Town of Avon a certain BID, attached hereto and hereby made a part
hereof to enter a contract in writing, for the 2004 Street Repairs & Improvements
' NOW THEREFORE,
' (a) If said BID shall be rejected, or
(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 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 an extension of the time within which
the Owner may accept such BID; and said Surety does hereby waive notice of any such
extension.
BB -1
' IMPORTANT: Surety Companies executing y p g B ONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business
' in the State of Colorado.
[l
1
BB -2
IN WITNESS WHEREOF, the Principal and the SURETY
have hereunto set their hands and
seals, and such of them as are corporations have caused
their corporate seals to be hereto affixed
and these presents to be signed by their officers, the day and 0or% R'�,Y&t,,set forth above.
Oldcastle SW Group, Inc. dba
'
B &B Excavating
(Principal, Contractor)
= w : A L
-ran /�al'�
'. 'bJ• -.0� 0 R P�o • �a��
.XL Sped_! alts Insurance Company
'
Jason Burkey, Attor ey -i ct
Vaughn P �k C.O.O.
By: g � C
' IMPORTANT: Surety Companies executing y p g B ONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business
' in the State of Colorado.
[l
1
BB -2
LIMITED POWER OF ATTORNEY
iwLSPECIALTY
49814
KNOW ALL MEN BY THESE PRESENTS That the XL. SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State
of Delaware ( "Company or"Corporation!), with offices. at:25 Independence Blvd., Suite 103, Warren, New Jersey, 07059, does hereby nominate, constitute and
appoint; Robert C. Caspersen, Jason K. Burkey,
its true and lawful Attorney(s) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all
bonds, undertakings, recognizances and written obligations in the nature thereof for Oldcastle SW Group lnc. dba B &B Excavating, the penal sum of no one of
which is in any event to exceed $1,000,000.00 -BID BONDS ONLY.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s) -in -fact shall be binding upon the said Company as fully and to the same extent as if such
bonds and undertakings were signed by the President and Secretary of the Company and sealed with: it's corporateaeat...'
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following:Resolution atlopted byahe Board of Directors of the Conipany
on the 5" day of December, 1988:
"RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authonzedlo execute Powers
of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of
suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution
of any such Power of Attorney, and,to attach :thereto the>Seal of the Company.
FURTHER RESOLVED That the signafure:of such officers =and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate
relating there.to by facsimile ;;and anysuch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and
binding upon tFie Company with respect to anybond, undertaking or contract of suretyship to which it is attached."
Bonds executed under this; Power of Attorney maybe :executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of
Directors. of the Companyon August 7, 1997.
"RESOLVED, That the signature of Nicholas M. Brown Jr., as President of this Corporation, and the seal of this Corporation may be affixed or printed on any
and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation d any Power of Attomey, or on any certifcate relating
thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds undertakings ,;recogrizances,:certttccate or other rwritYen
obligation, bearing such facsimile signature or facsimile seal shall be valid and binding uponithe.Corporation
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal . to be hereunto affixed;* and these presents to be signed_ byits
duly authorized officers this March 24th, 2003.
XL SPECIALTY INSURANCE COMPANY;
Attest: N
STATE OF NEW JERSEY SECRETARY
COUNTY OF BERGEN ;;....
On this 24th day of March, 2003, before me personally came Nicholas M. Brown Jr. to me known who! being duly sworn;: did depose and say that Fie is President of
the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation that;the seal :affixed to the aforesaid instrument is
such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; p* n*dAhat tie executed the said
instrument by like order.
aauu " °rypn,.
REBECCA CLAIRE KOLLHOFF GWgE YgGf
a` +pTMy
Notary Public
State of New Jersey *'
oo
tify.. ommissionExpires 3/812007 '
STATE OF DELAWARE NOTARY PUBLIC
COUNTY OF NEW; CASTLE
I, Ben M Llaneta Secretary of the XL.SPECIALTY INSURANCE COMPANY a corporation of the State of Delaware, do hereby certify that the above and forgoing is a
full true and correct copy of Power of Attomey issued_ by said Company, and that I have compared same with the original and that it is a correct transcript therefrom
and of the whole of the original; and that the said Power of Attorney is still in full force and effect and has not been revoked.
1
1� , SURETY DISCLOSURE
' NOTICE CONCERNING FEDERAL TERRORISM
RISK INSURANCE ACT
' You should know that, effective November 26, 2002, the US Congress enacted
the Terrorism Risk Insurance Act of 2002 (the "Act "). Under the Act, any covered
' losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the
United States pays 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
In accordance with this Act, we are providing this disclosure notice for bonds on
which XL Specialty Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the bond premium attributable to coverage for certified acts of
terrorism under the Act is Zero Dollars ($0.00)
IBID BOND
1 KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
I as Principal, and
(Name and Address of Contractor)
I as Surety, are hereby
(Name and Address of Contractor)
I held and firmly bound into as Owner in the penal
(Name of Owner)
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 ,
The Condition of the above obligation is such that whereas the Principal has submitted to.
a certain BID attached hereto and hereb y made d apart
' hereof to enter a contract in writing, for the
NOW THEREFORE,
O ,
(a) If said BID shall be rejected, or
' (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 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 an extension of the time within which
the Owner may accept such BID; and said Surety does hereby waive notice of any such
extension.
BB-1
r
t
t
THIS PAGE INTENTIONALLY LEFT BLANK I
IN WITNESS WHEREOF, the Principal and the SURETY have hereunto set their hands and
' seals, and such of them as are corporations have caused their corporate seals to be hereto affixed
and these presents to be signed by their officers, the day and the year first set forth above.
I By.
1
1
(Principal, Contractor)
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 of Colorado.
BB -2
e
R,
1
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t
1
NOTICE OF AWARD
TO: B & B Excavating, Inc 01deastle SW Group, Inc,
(Contractor) d.b.a. B & B Excavating
PO Box 1729
Edwards, CO 81632
' (Address)
1
1
PROJECT DESCRIPTION: Town of Avon — 2004 Street Repair and Improvements
The Town of Avon, Colorado has considered the BID submitted by you for the above described
Work in response to its Advertisement for BIDS, dated May 27, 2004 and Instructions to
Bidders.
You are here by notified that your Base BID and has been accepted for items in the amount of
$ 156,407.15.
You are required by the Instructions to Bidders to execute the Agreement and furnish the
required Contractor's PERFORMANCE BOND, PAYMENT BOND, and Certificates of
Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) calendar days
from the date of this Notice, the Town of Avon, Colorado, will be entitled to consider all your
rights arising out of acceptance of your BID as abandoned. The Town of Avon, Colorado 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 Town of
Avon, Colorado.
Dated this day of
Town of Avon. Colorado
Owner
By:
Title:i
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
Oldcastle SW Group, Inc. �
d.b.a. B & B Excava , this the 2 8 d
'n y of JO ^J E OY.
By:
Title: Q ,
NA- i
' CONSTRUCTION AGREEMENT
THIS AGREEMENT is dated as of the :?Z*I- day of !� in the year
' ofLw4 by and between:
Town of Avon, Colorado (hereinafter called OWNER) and 556
' (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article L WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
tThe Work is generally described as follows:
AREA I
' Benchmark Rd - starting at the intersection with West Beaver Creek Blvd and ending at
the south side of the Seasons Building, approximately 1650 linear feet. Improvements
include two -inch asphalt overlay after roto - milling, manhole and valve box adjustments,
' striping, crosswalk reconstruction, geotextile fabric installation, removal and replacement
of curb and gutter and sidewalk, and traffic control.
' AREA II
Metcalf Rd - starting at the intersection with Nottingham Rd and ending at the new
pavement section at Lot 40, Benchmark at Beaver Creek. Improvements include two-
' inch asphalt overlay including driveway tie -ins, shoulder work, roto- milling, manhole and
valve box adjustments, striping, and traffic control.
AREA III
Reconstruction of east bound lane of E. Beaver Creek Blvd at Beaver Creek Place.
' Improvements include asphalt patch / overlay after roto - milling, striping, and Traffic
control
' The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
' Town of Avon, 2004 Street Repair and Improvements
Article 2. ENGINEER
The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER, will assume all
duties and responsibilities and will have the rights and authority assigned to ENGINEER in the
' Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
CA -1
1
Article 3. CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 30 calendar days after the date
when the Contract Time commences to run.
'
Article 4.
CONTRACT PRICE
4.1
OWNER shall pay CONTRACTOR for performance of Work in accordance with
the Contract Documents, in current fiends, as follows:
'
(see attached copy of Contractor's Bid)
Article 5.
PAYMENT PROCEDURES
'
Contractor shall
submit Applications for Payment in accordance with Article 14 of the General
Conditions.
Applications for Payment will be processed by ENGINEER, as provided in the
'
General Conditions.
5.1
Progress Payments: OWNER shall make progress payments on account of the
'
Contract Price on a basis of CONTRACTOR'S Applications for Payment as
recommended by ENGINEER, on or about the 15th day of each month during
construction, as provided below. All progress payments will be on the basis of the
'
progress of the work measured by the schedule of values provided for in
paragraph 14.1 of the General Conditions.
5.1.1 Progress payments will be in an amount equal to 90% of the calculated
value of the work completed.
5.1.2 The amount retained, as provided above, will be withheld by the Owner
until completion of the contract to insure faithtfal completion of the Work
' under the terms of the Contract.
5.2 Final Payment: Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the remainder of the contract
' Price after publication by the Owner in accordance with its Colorado Statutory
requirements.
Article 6. CONTRACTOR'S REPRESENTATIVES
' In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
contract documents, Work, locality, and with all local conditions and federal,
state, and local laws, ordinances, rules and regulations that in any manner may
' affect the cost, progress, or performance of the Work.
CA -2
'
6.2
CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting the
cost, progress, or performance of the Work which were relied upon by
ENGINEER in the preparation of the Contract Documents, and which have been
identified in the Special Conditions.
'
6.3
CONTRACTOR has made or caused to be made examinations, investigations,
tests, and studies of such reports and related data in addition to those referred to in
'
paragraph 6.2, as he deems necessary for the performance of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by
CONTRACTOR for such purposes.
6.4
CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the
Contract Documents.
6.5
CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that
he has discovered in the Contract Documents, and the written resolution thereof
'
by ENGINEER is acceptable to CONTRACTOR.
Article 7.
CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
' CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
H
7.1 Instructions to Bidders (pages I13-1 to IB-6, inclusive)
72 This agreement (pages CA -1 to CA -5 ,inclusive)
7.3 Advertisement for Bids (pages AB -1 to AB -2)
7.4 Performance and other Bonds, identified as exhibits A & B and consisting of 4
pages.
7.5 Notice of Award (page NA -1)
7.6 General Conditions (pages GC -1 to GC -46 , inclusive)
7.7 Special Conditions (pages SC -1 to SC -10 , inclusive)
7.8 Plans, consisting of a sheets listed below by number, title, date and revision
number with each sheet:
CA -3
' Sheet Title Date
SK -1 Vicinity Map 5/27/04
SK -2 Benchmark Road Roto- milling and Overlay 5/27/04
SK -3 Raised Crosswalk Detail 5/27/04
SK -4 East Beaver Creek Blvd Patch Details 5/27/04
' 7.9 Addenda numbers AD -1 to AD -2, inclusive
' 7.10 Contractors Bid (pages BF -1 to BF -6, inclusive) marked exhibit _ (attach Bid
Form)
' 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages
to _,inclusive)
7.12 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
' There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended, or repealed by modifications (as defined in Article 1
of the General Conditions).
' Article 8. MISCELLANEOUS
I 8.1 Terms used in this Agreement, which are defined in Article 1 of the General
Conditions, shall have the meanings indicated in the General Conditions.
' Article 9. OTHER PROVISIONS
9.1 Pursuant to Section 24 -91- 103.6, C.R.S., the Owner hereby states that it has
' appropriated an amount equal to or in excess of the Contract amount. Owner shall
not issue a Change Order or other form of order or directive requiring additional
compensable work to be performed, which work causes the aggregate amount
' payable under the Contract to exceed the amount appropriated for the original
CA -4
1
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation, monies that
'
may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
'
law); and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, his partners,
successors, assigns, and legal representatives in respect to all covenants,
'
agreements, and obligations contained in the Contract Documents.
' Article 9. OTHER PROVISIONS
9.1 Pursuant to Section 24 -91- 103.6, C.R.S., the Owner hereby states that it has
' appropriated an amount equal to or in excess of the Contract amount. Owner shall
not issue a Change Order or other form of order or directive requiring additional
compensable work to be performed, which work causes the aggregate amount
' payable under the Contract to exceed the amount appropriated for the original
CA -4
1
fl
J
Ij
ii
1
Contract, unless Contractor is given written assurance by the public entity that
lawful appropriations to cover the costs of the additional work have been made.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on theiroehalf.
This Agreement will be effective on
OWNER, Town of Avon, lorado
B .
Attest P��'� ' ( c
Address for g' ing notices:
�l
+N
.P
CA -5
Oidd a SW Group, Inc.
CONTRACTOR d.b.a. B & B Excavating
By. r�
Attest
Address for giving notices:
O'deastle SW Group, IITC-.-
d.b.a. B & B Excavating
P.O. Box 1729
Edwards, CO 81632
License No. W 0/4%">/ -zm
Agent for service of process:
lul
1
IMIBTT A BOND NO. SB0091112
'
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
' OLDCASTLE SW GROUP INC. --� DBA B &B EXCAVATING
(Name of Contractor)
P. 0. BOX 1729, EDWARDS CO 81632 _
' (Address of Contractor)
a CORPORATION _ hereinafter called Principal and
' (Corporation, Partnership or Individual)
XL APE(_ I�AI_TY TNSi1RAN('F OMPANY
' (Name of Surety) �
25 INDEPENDENCE BLVD STE 103 WARRM NEW JERSEY 07n59
' (Address of Surety)
hereinafter called Surety, are held and firmly bound unto:
' Town of Avon Colorado
P.O. Box 975, Avon, Colorado 81620
in the penal sum of nNF. HuN�RFn F.T('HTY -CTX THM -ISAND XTUP u7amuFn = XY ONE AND 18/100
($186, 551.18 ) 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 Town of Avon, Colorado, dated the o1 day of _
2004, a copy of which is hereto attached and made a part hereof for the construction of:
Town of Avon,
' 2004 Street Repair and Improvements
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 "Gown of Avon, Colorado,
with or without notice of 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 hold
harmless the Town of Avon, Colorado, from all costs and damages which they rnay suffer by
' reason of failure to do so, and shall reimburse and repay the Town of Avon, Colorado, all outlay
and expense which may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
' PB -1
1
' PROVIDED, FURTHER, that the said Shire for v received Surety value i
r ed hereby stipulates and agrees that
no change, extension of tune, alteration or addition to the terms of the contract or to the WORK
' to be performed thereunder or the SPECIFICATION accompanying the same shall in any ways
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 Town of Avon, Colorado, and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, this Performance bond is iven ursu 8-26-10
l; p ant t o Section 31, et seq.,
C.R.S. 1973, as amended.
'
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one of
(number)
1 which shall be deemed an original, this the .25TH day of JUNE 2004,
rJ
AT T;
(Principal ecretary) ���nu�►►,,,�
(Principal ,.�11 - XJP, INS
�' � pRPOR' •�-y';
By •G 9�'•• °�
P. 0. BOX 1729
EDWARDS, CO 81632 '.,`�p•URpO�.• °'a`';
(Address) ''�,u,n►,�r�`�•
OLDCASTLE SW GROUP, INC.
DBA B &B EXCAVATING
tmess as to Principal)
1729 l
1
XL SPECIALTY INSURANCE COMPANY
Surety.
omey -in- t TINA DAVIS
2-5- INDEPENDENCE . , E. 103
WARREN, NEW JERSEY 07059
(Address)
ATTEST; N/A
'
Surety Secretary
'
(Witness as to Surety)
15 WEST SOUTH TEMPLE, STE. 700
'
SALT LAKE CITY, UT 84101
(Address)
1
XL SPECIALTY INSURANCE COMPANY
Surety.
omey -in- t TINA DAVIS
2-5- INDEPENDENCE . , E. 103
WARREN, NEW JERSEY 07059
(Address)
.1
1
EXHIBIT A
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
(Name of Contractor)
(Address of Contractor)
hereinafter called Principal and
(Corporation, Partnership or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto:
Town of Avon, Colorado
P.O. Box 975, Avon, Colorado 81620
in the penal sum of
($ ) 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 Town of Avon, Colorado, dated the day of ,
2004, a copy of which is hereto attached and made a part hereof for the construction of:
Town of Avon,
2004 Street Repair and Improvements
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 Town of Avon, Colorado,
with or without notice of 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 hold
harmless the Town of Avon, Colorado, from all costs and damages which they may suffer by
reason of failure to do so, and shall reimburse and repay the Town of Avon, Colorado, all outlay
and expense which may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
mm
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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 performed thereunder or the SPECIFICATION accompanying the same shall in any ways
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 Town of Avon, Colorado, and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, this Performance bond is given pursuant to Section 38 -26 -101, et seq.,
C.R.S. 1973, as amended.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of
(number)
which shall be deemed an original, this the day of ,
ATTEST:
ATTEST:
(Principal Secretary)
(Witness as to Principal)
(Address)
Surety Secretary
(Witness as to Surety)
(Address)
(Principal)
By
(Address)
Surety
By
Attorney -in -Fact
I PB -2
(Address)
r,
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EXHIBIT B
' BOND NO. SB0091112
LABOR AND MATERIALS BOND
I KNOW ALL MEN BY THESE PRESENTS: that
' OLDCASTLE SW GROUP, INC., DBA B &B EXCAVATING
(Name of Contractor)
tP. 0. BOX 1729,.EDWARDS, CO 81632
(Address of Contractor)
a- CORPORATION _ hereinafter called Principal, and
(Corporation, Partnership or Individual)
XL SPECIALTY INSURANCE COMPANY
(Name of Surety)
' 25 INDEPENDENCE BLVD., STE. 103, WARREN, NEW JERSEY 07059
(Address of Surety)
thereinafter called Surety, are held and firmly bound unto:
Town of Avon, Colorado
' P.O. Box 975, Avon, Colorado 81620
in the penal sum of ONE HUNDRED EIGHTY -SIX THOUSAND FIVE HUNDRED FIFTY -ONE AND W /100
186.55 1.18 ) in lawful mone of the United States for the a
y , 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 'town of Avon, Colorado, dated the 2_5k*'- day of ,
' a copy of which is hereto attached and made a part hereof for the construction cif:
' Town of Avon
2004 Street Repair and Improvements
'
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishings 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, lubricants, oil, fuel, 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 SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to
remain in full force and effect.
' T * RD T
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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way
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 Town of Avon, Colorado, and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied, and provided further that this Performance Bond is given pursuant to Section 38 -26,
101, et seq., C.R.S. 1973, as amended.
IN WITNESS 'WHEREOF, this instrument is executed in 3 counterparts, each one of
' (number)
which shall be deemed an original, this the 25TH day of JUNE , 2004.
1
1
Principa`f Secretary
Witness as to Principal
OLDCASTLE SW GROUP, INC.
DBA B &B EXCAVATING
Principal
P. 0. BOX 1729 ;�� �O�zFORglF•�
EDWARDS, CO 81632 :,,, ; >
(Address) =Y''• p • "a;
., �l ORF�
I'
.P. 0. BOX 1729 XL SPECIALTY INSURANCE COMPANY
(Address) Surety
ATTEST:
—NSA By
Surety Secretary
Attorney ct TINA DAVIS
Witness as to Surety
15 WEST SOUTH TEMPLE, STE. 700
(Address)
SALT LAKE CITY, UT 84101
(Address)
25 INDEPENDENCE BLVD., STE. 103
WARREN, NEW JERSEY 07059
r x .rr, n
1
SURETY DISCLOSURE
NOTICE CONCERNING FEDERAL TERRORISM
RISK INSURANCE ACT
You should know that, effective November 26, 2002, the US Congress enacted
the Terrorism Risk Insurance Act of 2002 (the "Act "). Under the Act, any covered
losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the
United States pays 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
In accordance with this Act, we are providing this disclosure notice for bonds on
which XL Specialty Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the bond premium attributable to coverage for certified acts of
terrorism under the Act is Zero Dollars ($0.00)
i THIS IS NOT A BOND NUMBER
ITED POWER OF ATTORNEY
96316
KNOW ALL MEN BY THESE PRESENTS That the XL :SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Delaware
( "Company" or "Corporation'), with offices: at 25 Independence Blvd., Suite 103, Warren, New Jersey, 07059, does hereby nominate,
appoint; Tina Davis, Jace Pearson, Doris Martin, Karen Hone, Vicki Sorensen
its true and lawful Attorney(s) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety and as its act and ;deed ;where required any and all twrids;':: .
undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which',is in any event to ezeeed:$UNLIMITED.00 Sucfi' bondsand::::.,,.
1' ;
undertakings, when duly executed by the aforesaid Attorney(s) -in -fact shall be binding upon the said Company as fully and to the same extent4s if such bonds and
undertakings were signed by the President and Secretary of the Company and sealed with it's corporate seal. This Power of:Attorney is; granted andis signedrbq facsimile
under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day ofbkember; 1'988
"RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any
Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to
attach thereto the Seal.df the Company:
FURTHER RESOLVED That?the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto
by facsimile :and any such P6. Or of Attomey or.certifcate beari ng such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with
respect to any bond, undertaking or contract of;suretyship,towhich it is attached."
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the
Company.on August 7;1997'
RESOLVED, That the signature of Nicholas M. Brown Jr., as President of this Corporation, and the seal of this Corporation may be affixed or printed on any and all
bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate_relating thereto by,facsimile,
and any Power Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizartces :'certificate or other4ritten oblroAtion bearing such facsimile
signature or facsimile seal shall be valid and binding upon the Corporation. <:.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be.hereunto affixetl and these presents tojbe signed by its duly
authorized officers this May 17th, 2004.
XL SPECIALTY INSURANCE COMPANY
StYy�
2
qWA
BY
PRESIDENT
STATE OF :DELAWARE
COUNTYOF NEW CASTLE`'
Attest:
SECRETARY.';;
On this 17th day of May, 2004, before me personally came Nicholas M. Brown Jr. to me known, who being .duly sworn did depose end: say that he is President of the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the a foresaidilnstrument issuch corporate seal and was
affixed thereto by order and authority of the Board of Directors of said Company; and that he executedafie said instrument by like order.
' ° `� °�' B�CCACI E 81MUB
r:
Po he
>G 5"a Bt91We�81'8eyp
Q/
f'
STATE OF NEW JERSEY NOTARY PUBLIC
COUNTY.OF BERGEN
I Ben W ;.Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and
correct copy of Power ofAttomey issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the
original and that the said Power of Attorney is still in full force and effect and has not been revoked.
This Power of Attorney may not be used to
IEXHIBIT B
' LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: that
J
(Name of Contractor)
(Address of Contractor)
(Corporation, Partnership or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto:
Town of Avon, Colorado
P.O. Box 975, Avon, Colorado 81620
in the penal sum of
hereinafter called Principal, and
' ) 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 Town of Avon, Colorado, dated the day of ,
a copy of which is hereto attached and made a part hereof for the construction of:
Town of Avon
2004 Street Repair and Improvements
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishings 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, lubricants, oil, fuel, 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 SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to
remain in full force and effect.
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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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way
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 Town of Avon, Colorado, and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied, and provided further that this Performance Bond is given pursuant to Section 38 -26-
101, et seq., C.R.S. 1973, as amended.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of
(number)
which shall be deemed an original, this the day of ,
ATTEST:
Principal Secretary
Witness as to Principal
(Address)
ATTEST:
Surety Secretary
Witness as to Surety
(Address)
(Address)
LMB -2
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LI-A
Principal
(Address)
Surety
Attorney -in -Fact
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NOTICE TO PROCEED
TO: G x C�� -vim ,�CJ� _ Date:
(Contractor)
6 bX 1 2°� Project: Town of Avon, 2004 Street
' � C �\QQ- � S �. O E1a . 3
Z Repair and Improvements
(Address)
You are hereby notified to commence WORK in accordance with the Agreement dated
,- C , on or before , oZ , j, and you
are to complete the WORK within 30 consecutive calend days thereafter. The date of
' completion of all WORK is therefore , "
41 ' Town of Avon, Colorado
' B
' Title: Town Engineer
Address: P.O. Box 975
Avon, CO 81620
ITelephone: (970) 748 — 4100
IACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
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9-1-R F_
_ -i (Contractor)
This the ,� ay of -..1 it (V
By j
Title: C O
Telephone: q %J �� 33 1 )
am
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CHANGE ORDER
Order No.: One
Date: 6/17/04
Agreement Date:
NAME OF PROJECT: 2004 Street Repair and Improvements
OWNER: Town of Avon
CONTRACTOR: Oldcastle SW Group, Inc. dba B & B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Area II — Metcalf Road (add paving and associated work listed below from Lot 41,
Block 1, Benchmark through the intersection of Metcalf Road and Wildwood Road)
Item 1.1 — Add Mobilization
Per LS 1 LS @ $1000 $1000.00
Item 3.1 — Add Asphaltic Concrete (1627 linear feet)
Per Ton 489 Ton @ $41.32 $20,205.48
Item 3.2 — Epoxy Paint Striping
Per Linear Foot 4881 LF @ $0.75 $3660.75
Item 3.4 — Shoulder Reconstruction
Per Linear Foot 3254 LF @ $0.70 $2277.80
Item 5.1 — Traffic Control
Per LS 1 LS @ $3000 $3000.00
TOTAL AREA II $30,144.03
Change to CONTRACT PRICE: $ 30,144.03
Original CONTRACT PRICE: $ 156 407.15
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 156, 407.15
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by
$ 30,144.03
The new CONTRACT PRICE including this CHANGE ORDER will be $ 186,551.18
CO -1
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by 0 calendar days.
The date for completion of all work will be
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved
(Date).
Federal Agency Approval (where applicable):
CO -2
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CHANGE ORDER
Order No.:
Date:
Agreement Date:
NAME OF PROJECT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change to CONTRACT PRICE
Original CONTRACT PRICE:
a,
Current CONTRACT PRICE adjusted by previous CHANGE ORDER
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by
The new CONTRACT PRICE including this CHANGE ORDER will be $
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by calendar days.
The date for completion of all work will be
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
I CO -1
(Date).
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TABLE OF CONTENTS
OF
GENERAL CONDITIONS
Article
Number
Title
page
'
1
DEFINITIONS ............................. ...............................
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2
PRELIMINARY MATTERS ............................ ...............................
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'
3
CONTRACT DOCUMENTS:
INTENTAND REUSE ..................................... ...............................
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4
AVAILABILITY OF LANDS; PHYSICAL
'
CONDITIONS; REFERENCE POINTS .......... ...............................
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S
BONDS AND INSURANCE ............................ ...............................
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6
CONTRACTOR'S RESPONSIBILITIES ........ ...............................
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'
7
WORK BY OTHERS ........................................ ...............................
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8
OWNER'S RESPONSIBILITIES ..................... ...............................
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'
9
ENGINEER'S
STATUS DURING CONSTRUCTION ................
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'
10
CHANGES IN THE WORK ............................. ...............................
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1 I
CHANGE OF CONTRACT PRICE ................. ...............................
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12
CHANGE OF THE CONTRACT TIME .......... ...............................
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'
13
WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ...... ...............................
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14
PAYMENTS TO CONTRACTOR AND COMPLETION .............
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'
15
SUSPENSION OF WORK AND TERMINATION .......................
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'
16
NOT USED .................................................... ...............................
17
MISCELLANEOUS ......................................... ...............................
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of Insurance
5.13
Access to the Work
13.2
Addenda - definition of
I
(See Definition of Specifications)
14.16
Agreement - definition of
I
All Risk Insurance
5.6
Application for Payment - definition of
I
Application for Payment Final
14.12
Application for Progress Payment
14.2
Application for Progress Payment - review of
14.4 thru 14.7
Assignment
17.5
Availability of Lands
4.1
Award, Notice Of - definition of
1
Before Starting Construction 2.5 thru 2.7
Bid - definition of I
Bonds and Insurance - in general 5
Bonds - definition of I
Bonds, Delivery of 2.1, 5.1
Bonds, Performance and Other 5.1, 5.2
Cash Allowances
11.10
Change Order - definition of
I
Changes in the Work
10
Claims, Waiver of - on Final Payment
14.16
Clarifications and Interpretations
9.3
Cleaning
6.17
Completion
14
Completion, Substantial
14.8, 14.9
Conference - Pre - Construction
2.8
Construction Machinery, Equipment, etc.
6.4
Continuing Work
6.29
Contract Documents - definition of
I
Contract Documents - intent and use
3
Contract Documents - reuse of
3.6
Contract Price, Change of
11
Contract Price - definition of
I
Contract Time, Change of
12
Contract Time, Commencement of
2.3
Contract Time - definition of
1
Contractor - definition of
I
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Contractor May Stop Work or Terminate 15.5
Contractor's Continuing Obligation
14.15
'
Contractor's Duty to Report Discrepancy in Documents
2.5, 3.2
Contractor's Fees - Cost Plus
11.6
Contractor's Liability Insurance
5.3
'
Contractor's Responsibilities - in general
6
Contractor's Warranty of Title
14.3
Contractual Liability Insurance
5.4
'
Copies of Documents
2.2
Correction or Removal of Defective Work
13.11
Correction Period, One Year
13.12
'
Correction, Removal or Acceptance of Defective Work -
in general
13.11 thru 13.14
'
Cost of Work
Costs, Supplemental
11.4, 11.5
11.4.5
Day - definition of
I
'
Defective Work, Acceptance of
13.13
Defective Work, Correction or Removal of
13.11
Defective - definition of
I
'
Defective Work - in general
13
Defective Work, Rejecting
9.4
'
Delivery of Bonds
2.1
Disagreements, Decisions by Engineer
9.9, 9.10
Documents, Copies of
2.2
'
Documents, Record
6.19
Documents, Reuse
3.6
Drawings, definition of
1
'
Effective Date of Agreement - definition of
1
'
Emergencies
Engineer - definition of
6.22
I
Engineer's - Notice Work is Acceptable
14.3
Engineer's Responsibilities, Limitations on
Engineer's Status During Construction - in general
9.11 thru 9.14
9
Engineer's - Recommendation of Payment
14.4, 14.13
Equipment, Labor, Materials and
6.3 thru 6.6
'
Equivalent Materials and Equipment
6.7
Fee, Contractor's - Costs Plus
11.6
Field Order - definition of
I
Field Order - issued by Architect
10.2
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment, Recommendation of 14.13, 14.14
Final Payment and Acceptance 14.13
General Requirements I
General Provisions 17.3, 17.4
Giving Notice 17.1
Guarantee of Work - by Contractor 13.1
Indemnification
6.30 thru 6.32
Inspection, Final
14.11
Inspection, Tests and
13.3 thru 13.7
Insurance, Bonds and - in general
5
Insurance, Certificates of
2.7 and 5
Insurance, Contractor's Liability
5.3
Insurance, Contractual Liability
5.4
Insurance, Owner's Liability
5.5
Insurance, Property
5.6 thru 5.9
Intent of Contract Documents
3.1 thru 3.5
Interpretations and Clarifications
9.3
Investigations of Physical Conditions
4.2
Labor, Materials and Equipment
6.3 thru 6.6
Laws and Regulations
6.14
Liability Insurance - Contractor's
5.3
Liability Insurance - Owner's
5.5
Limitations on Engineer's Responsibilities
9.11
Materials and Equipment - furnished by Contractor 6.3
Materials or Equipment - Equivalent 6.7
Miscellaneous Provisions 17
Modifications - definition of I
Notice, Giving of
17.1
Notice of Award - definition of
1
Notice of Acceptability of Project
14.13
Notice to Proceed - definition of
I
Notice to Proceed - Giving of
2.3
"Or- Equal" Items 6.7
Other Contractors 7
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d
IINDEX TO GENERAL CONDITIONS
' Article or Paragraph
Number
'
Overtime Work, Prohibition of
6.3
Owner - definition of
I
Owner May Correct Defective Work
Owner May Stop Work
13.14
13.10
Owner May Suspend Work, Terminate
15.1 thru 15.4
Owner's Duty to Execute Change Orders
11.8
Owner's Liability Insurance
5.5
Owner's Representative, Engineer to Serve As
9.1
Owner's Responsibilities - in general
8
'
Owner's Separate Representative at Site
9.8
'
Partial Utilization
14.10
Partial Utilization - Property Insurance
5.14
Patent Fees and Royalties
6.12
Payments to Contractor - in general
14
Payments, Recommendation of
14.4 thru 14.7.6
Performance and Other Bonds
5.1 thru 5.2
'
Permits
6.13
Physical Conditions - Investigations and Reports
4.2
Physical Conditions, Unforeseen
4.3
Pre - Construction Conference
2.8
Preliminary Matters
2
1
Premises, Use of
Price, Change of Contract
6.16, 6.17, 6.18
11
Progress Payment, Applications for
14.2
Progress Schedule
2.6, 14.1
'
Project - definition of
I
Project Representative, Resident - definition of
I
Project Representation, Provision for
9.8
Project, Starting
2.4
Property Insurance
5.6 thru 5.9
'
Property Insurance - Receipt and Application of Proceeds
5.11, 5.12
Property Insurance - Partial Utilization
5.14
Protection, Safety and
6.20 thru 6.21
'
Recommendation of Payment
14.4 14.13
Record Documents
6.19
'
Reference Points
4.4
Regulations, Laws and
6.14
Rejecting Defective Work
9.4
'
Removal or Correction of Defective Work
13.11
Resident Project Representative - definition of
I
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Resident Project Representative, Provision for 9.8
Responsibilities, Contractor's 6
Responsibilities, Owner's 8
Reuse of Documents 3.6
Royalties, Patient Fees and 6.12
Safety and Protection
6.20 thru 6.21
Samples
6.23
Schedule of Shop drawings Submissions
2.6, 14.1
Schedule of Values
2.6, 14.1
Shop Drawings and Samples
6.23 thru 6.28
Shop Drawings - definition of
1
Site, Visits to - by Engineer
9.2
Specifications - definition of
I
Starting Construction, Before
2.5 thru 2.7
Starting the Project
2.4
Stopping Work - by Contractor
15.5
Stopping Work - by Owner
13.10
Subcontractor - definition of
1
Subcontractors - in general
6.8 thru 6.11
Substantial Completion, Certificate of
14.8
Substantial Completion, definition of
1
Subsurface Conditions
4.2, 4.3
Supplemental Costs
11.4.5
Surety - Consent to Payment
14.12, 14.14
Surety - Notice of Change
10.5
Surety, Qualification of
5.1, 5.2
Suspending Work - by Owner
15.1
Suspension of Work and Termination - in general
15
Superintendent, Contractor's
6.2
Supervision and Superintendence
6.1, 6.2
Taxes - Payment by Contractor
6.15
Termination - by Contractor
15.5
Termination - by Owner
15.2 thru 15.4
Termination, Suspension of Work and - in general
15
Tests and Inspections
13.3 thru 13.7
Time, Change of Contract
12
Time, Computation of
17.2
Uncovering Work 13.8, 13.9
Unit Prices 11.3.1
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INDEX TO GENERAL CONDITIONS
Unit Prices, Adjustment of
Use of Premises
Values, Schedule of
Visits to Site - by Engineer
Waiver of Claims - on Final Payment
Warranty and Guarantee - by Contractor
Warranty of Title, Contractor's
Work, Access To
Work by Others - in general
Work, Cost of
Work Continuing During Disputes
Work - definition of
Work - Neglected by Contractor
Work - Stopping by Contractor
Work - Stopping by Owner
gc -vii
Article of Paragraph
Number
11.9
6.16, 6.17, 6.18
14.1
9.2
14.16
13.1
14.3
13.2
7
11.4, 11.5
6.29
1
13.14
15.5
15.1 thru 15.4
THIS PAGE INTENTIONALLY LEFT BLANK I
J
1
GENERAL CONDITIONS
ARTICLE I
DEFINITIONS
' Whenever used in these General Conditions or in the other Contract Documents, the following
terms have the meanings indicated (which are applicable to both the singular and plural thereof):
' Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or change the bidding documents or the Contract Documents.
Agreement - the written agreement between OWNER and CONTRACTOR covering the Work to
be performed; other Contract Documents are attached to the Agreement and made a part thereof
1 as provided therein.
Application for Payment - The form accepted by ENGINEER which is to be used by
' CONTRACTOR in requesting progress or final payment and which is to include such supporting
documentation as is required by the Contract Documents.
' Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
Bonds - Bid, performance and payment bonds and other instruments of security.
' Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition,
deletion or revision in the Work and/or adjustment in the Contract Price of the Contract Time
issued after the effective date of the Agreement.
' Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents),
CONTRACTOR'S Bid (including documentation accompanying the bid and any post -Bid
' documentation submitted prior to the Notice of Award) when attached as an exhibit to the
Agreement, the Bonds, the General Conditions, the Special Conditions, the Drawings (as the
same are more specifically identified in the Agreement), together with all Modifications issued
' after the execution of the Agreement.
' Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract
Documents as stated in the Agreement.
Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated
in the Agreement for the completion of Work.
' Contractor - The person, firm or corporation with whom OWNER has entered into this
Agreement.
Day - A calendar day of twenty -four (24) hours measured from midnight to the next midnight.
I GC -1
Defective - An adjective which when modifying the word Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not
meet the requirements of any inspection, test or approval referred to in the Contract Documents,
or has been damaged prior to Engineer's recommendation of final payment.
Drawings - the drawings which show the character and scope of the Work to be performed and
which have been prepared or approved by Engineer and are referred to in the Contract
Documents.
Effective Date of Agreement - the date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed and
delivered by the last of the two parties to sign and deliver.
Engine er - Wherever the word "Engineer" occurs in these Contract Documents, the word shall
signify the Town Engineer as designated by the Town of Avon to be the Engineer for the Work.
Field Order - A written order issued by Engineer which orders minor changes in the Work in
accordance with paragraph 10.2 but which does not involve a change in the Contract Price or the
Contract Time.
General Requirements - Sections of Division 1 of the Specifications.
Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a
Change Order, or (c) a Field Order. A modification may only be issued after the effective date of
the Agreement.
Notice of Award - The written notice by Owner to the apparent successful Bidder stating that
upon compliance by the apparent successful Bidder with the conditions precedent enumerated
therein, within the time specified, Owner will sign and deliver the Agreement.
Notice to Proceed - A written notice given by Owner to Contractor (with a copy to Engineer)
fixing the date on which the Contract Time will commence to run and on which Contractor shall
start to perform his obligation under the Contract Documents.
Owner - The public body or authority, corporation, association, partnership, or individual with
whom Contractor has entered into the Agreement and for whom the Work is to be provided.
Project - The total construction of which the Work to be provided under the contract Documents
may be the whole, or a part as indicated elsewhere in the Contract Documents.
Resident Project Representative - The authorized representative of ENGINEER who is assigned
to the site or any part thereof.
Shop Drawings - all drawings, diagrams, illustrations, schedules, and other data which are
specifically prepared by CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier or
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' distributor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
manufacturer, fabricator, supplier or distributor and submitted by CONTRACTOR to illustrate
material or equipment for some portion of the Work.
' Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR
or with any other subcontractor for the performance of a part of the Work at the site.
' Substantial Completion - The Work (or a specified part thereof) has progressed to the point
where, in the opinion of the Engineer as evidenced by his definitive certificate of Substantial
' Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for which it was intended; or if there be
no such certificate issued, when final payment is due in accordance with paragraph 14.13. The
' terms "substantially complete" and "substantially completed" as applied to any Work refer to
Substantial Completion thereof.
' Work - The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work is the result of performing
services, furnishing labor and furnishing and incorporating materials and equipment into the
' construction all as required by the Contract Documents.
1
END OF ARTICLE
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ARTICLE 2
PRELIMINARY MATTERS
Delivery of Bonds:
2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR
shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in
accordance with paragraph 5.1.
Copies of Documents:
2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in
the General Requirements) of the Contract Documents as are reasonably necessary for the
execution of the Work. Additional copies will be furnished, upon request, at the cost of
reproduction.
Commencement of Contract Time; Notice to Proceed:
2.3 The Contract time will commence to run on the thirtieth (30th) day after the effective date
of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to
Proceed; but in no event shall the Contract Time commence to run later than the ninetieth (90th)
day after the day of Bid opening or the thirtieth (30th) day after the effective date of the
Agreement. A Notice to Proceed may be given at any time within thirty days after the effective
date of the Agreement.
Starting the Proms:
2.4 CONTRACTOR shall start to perform the Work on the date when the Contact Time
commences to run, but no Work shall be done at the site prior to the date on which the Contract
Time commences to run.
Before Starting Construction:
2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and
compare the Contact Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER
any conflict, error or discrepancy that CONTRACTOR may discover.
2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in
the Special Conditions or General Requirements), CONTRACTOR shall submit to ENGINEER
for review and acceptance an estimated progress schedule indicating the starting and completion
dates of the various stages of the Work, a preliminary schedule of Shop Drawings submissions,
and a preliminary schedule of values of the Work.
2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a
copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which
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' CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.3 and 5.4;
and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance
' requested by CONTRACTOR) which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
Pre - Construction Conference:
' 2.8 Within, twenty days after the effective date of the Agreement, but before
CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance
of the schedules referred to in paragraph 2.6, to establish procedures for handling Shop Drawings
' and other submittals and for processing Applications for Payments, and to establish a working
understanding among the parties as to the Work.
1
1
1
END OF ARTICLE 2
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ARTICLE 3
CONTRACT DOCUMENTS: INTENT AND REUSE
Intent:
3.1 The Contract Documents comprise the entire Agreement between OWNER and
CONTRACTOR concerning the Work. They may be altered only by a Modification. The
Contract Documents constitute the entire agreement between the parties hereto, relating to the
project, and they set forth the rights, duties and obligations of each to the other as of the date of
execution thereof. Any prior or subsequent agreements, promises, negotiations, or
representations of any nature, not expressly set forth in the Contract Document, are of no force or
effect.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if
called for by all. If, during the performance of the Work, CONTRACTOR finds a conflict, error
or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once
and before proceeding with the Work affected thereby.
3.3 It is the intent of the Specifications and Drawings to describe a complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work that may
reasonably be inferred from the Drawings as being required to produce the intended result shall
be supplied whether or not it is specifically called for. When words which have a well known
technical or trade meaning are used to describe Work, materials or equipment, such words shall
be interpreted in accordance with such meaning. Reference to standard specifications, manuals
or codes of any technical society, organization or association, or to the code of any governmental
authority, whether such reference be specific or by implication, shall mean the latest standard
specification, manual or code in effect at the time of opening of Bids (or on the effective date of
the Agreement if there were no Bids), except as may be otherwise specifically stated. However,
no provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the contract Documents) shall change the duties and
responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their agents or
employees from those set forth in the Contract Documents. Clarifications and interpretations of
the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3.
3.4 The Contract Documents and any and all related matters thereto and thereunder shall be
interpreted in accordance with the laws of the State of Colorado.
3.5 These Contract Documents shall inure to and be binding on the heirs, executors,
administrators, successors and assigns of the parties thereto.
Reuse of the Documents:
3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or
distributor shall have or acquire any title to or ownership rights in any of the Drawings,
Specifications or other Documents (or copies of any thereof) prepared by or bearing the seal of
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' ENGINEER; and they shall not reuse any of them on extensions of the Project or any other
project without written consent of OWNER and ENGINEER and specific written verification or
adaptation by ENGINEER.
END OF ARTICLE 3
1
1
GC -7
ARTICLE 4
AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Special Conditions, the lands upon which the
Work is to be performed, rights -of -way or access thereto, and such other lands which area
designated for the use of CONTRACTOR. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by OWNER, unless otherwise
provided for in the Special Conditions. If CONTRACTOR believes that any delay in OWNER'S
furnishing these lands or easements entitles him to an extension of the Contract Time,
CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall
provide for all additional lands and access thereto that may be required for temporary
construction facilities for storage of materials and equipment.
Physical Conditions - Investigations and Reports:
4.2 Reference is made to the Special Conditions for identification of these reports of
investigations and tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the Work which have been relied upon by ENGINEER
in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or
completeness and are not part of the Contract Documents.
Unforeseen Physical Conditions:
4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any
subsurface or latent physical conditions at the site or in an existing structure differing materially
form those indicated or referred to in the Contract Documents. ENGINEER will promptly
review those conditions and advise OWNER in writing if further investigation or tests are
necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and
tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the
results of such investigations or tests indicate that there are subsurface or latent physical
conditions which differ materially from those intended in the Contract Documents, and which
could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued
incorporating the necessary revisions.
Reference Points:
4.4 All reference points which are necessary for CONTRACTOR to proceed with work are
taken from existing structures and shown on the drawings.
END OF ARTICLE 4
10M.
1
IARTICLE 5
' BONDS AND INSURANCE
Performance and Other Bonds:
' 5.1 CONTRACTOR shall furnish performance and Ym a ent Bonds , each in an amount at
p
least equal to the Contract Price as security for the faithful performance and payment of all
CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in
effect at least until one year after the date of final payment, except as otherwise provided by law.
CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions.
All Bonds shall be in the forms prescribed by the bidding documents or Special Conditions and
be executed by such Sureties as (i) are licensed to conduct business in the state where the Project
is located, and (ii) are named in the current list of "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department.
All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.
Each Surety hereunder shall indicate in writing its state of incorporation, and if not registered to
do business in Colorado, or licensed to write bonds in Colorado, shall indicate in writing these
states where it is so registered and licensed.
5.2 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is
located or it ceases to meet the requirements of clauses (i) and (ii) of paragraph 5. 1,
CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of
which shall be acceptable to OWNER.
Contractor's Liability Insurance:
5.3 The h CONTRACTOR O 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:
5.3.1 Claims under workmen's compensation, disability benefit and other similar
' employee benefits acts;
5.3.2 Claims for damages because of bodily injury and occupational sickness or disease,
or death of the CONTRACTOR'S employees;
5.3.3 Claims for damages because of bodily injury, sickness or disease, or death of any
person other than the CONTRACTOR'S employees;
5.3.4 Claims for damages insured by usual personal injury liability coverage which are
' sustained (i) by any person as a result of an offense directly or indirectly related to the
I GC -9
employment of such person by the CONTRACTOR, or (ii) by any other person for any other
reason;
5.3.5 Claims for damages, other than to the WORK itself, because of injury to or
destruction of tangible property, including loss of use resulting therefrom; and,
5.3.6 Claims for damages because of bodily injury or death of any person or property
damage arising out of the ownership, maintenance or use of any motor vehicle.
5.3.7 General Liability Property Damage and Vehicle Expense
The Insurance required by this paragraph shall include 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 destruction of or damage to property, arising out of or in connection with any
operations under the Contract Documents, whether such operations be by himself or by any
Subcontractor under him, or anyone directly or indirectly employed by the CONTRACTOR or by
a Subcontractor under him. All insurance shall conform to the minimum limits as listed in the
Special Conditions.
5.3.8 Workmen's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Contract
the statutory Workmen's Compensation and Employee's Liability Insurance for all his employees
to be engaged in Work on the Project under this Contract and, in case any such work is sublet,
the CONTRACTOR shall require the Subcontractor similarly to provide Workmen's
Compensation Insurance for all of the latter's employees to be engaged in such Work, in
accordance with the provisions of the Workmen's Compensation Act of the State of Colorado.
5.3.9 Fire and Standard Extended Coverage Insurance (Builder's Risk Insurance)
Unless otherwise provided for in the Special Conditions, the CONTRACTOR will
be required to maintain Fire and Extended Coverage Insurance on a 100 percent completed value
basis on the insurable portion of the Project for the benefit of the OWNER, until the Project is
completed and accepted by the OWNER. This provision shall not release the CONTRACTOR
from his obligation to complete, according to plans and specifications, the Project covered by the
Contract, and the CONTRACTOR and his Surety shall be obligated to full performance of the
CONTRACTOR'S undertaking.
5.3. 10 Certificates of Insurance
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 canceled unless at least fifteen (15) days prior
written notice has been given to the OWNER.
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Contractual Liability Insurance:
' 5.4 The comprehensive general liability insurance required by paragraph 5.3 will include
contractual liability insurance applicable to CONTRACTOR'S obligations under paragraphs 6.30
and 6.31.
Owner's Liability Insurance:
1 5.5 OWNER shall be responsible for purchasing and maintaining his own liability insurance
and, at his option, may purchase and maintain such insurance as will protect OWNER against
claims which may arise from operations under the Contract Documents.
Property Insurance
5.6 Unless otherwise provided in the Special Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject
to such deductible amounts as may be provided in the Special Conditions or required by law).
This Insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in
the Work, shall insure against the perils of fire and extended coverage and shall include "all risk"
insurance for physical loss and damage including theft, vandalism and malicious mischief,
collapse and water damage, and such other perils as may be provided in the Special conditions,
and shall include damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including fees and charges of
engineers, architects, attorneys and other professionals). If not covered under the "all risk"
Insurance or otherwise provided in the Special Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in
transit when such portions of the Work are to be included in an Application for Payment. The
policies of insurance required to be purchased and maintained by OWNER in accordance with
paragraphs 5.6 and 5.7 shall contain a provision that the coverage afforded will not be canceled
or materially changed until at least thirty (30) days prior written notice has been given to
' CONTRACTOR.
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5.7 OWNER shall purchase and maintain such boiler and machinery insurance as may be
required by the Special Conditions or by law. This Insurance shall include the interests of
OWNER, CONTRACTOR and Subcontractors in the Work.
5.8 OWNER shall not be responsible for purchasing and maintaining any property insurance
to protect the interest of CONTRACTOR or Subcontractors in the Work to the extent of any
deductible amounts that are provided in the Special Conditions. If CONTRACTOR wishes
property insurance coverage within the limits of such amounts, CONTRACTOR may purchase
and maintain it at his own expense.
5.9 If CONTRACTOR requests in writing that other special insurance be included in the
property insurance policy, OWNER shall, if possible, include such insurance, and the cost
thereof shall be charged to CONTRACTOR by appropriate Change Order. Prior to
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commencement of the Work at the site, OWNER will in writing advise CONTRACTOR whether
or not such other insurance has been procured by OWNER.
Waiver of Rights:
5.10 DELETED
Receipt and Application of Proceeds:
5.11 Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 shall
be adjusted with OWNER and made payable to OWNER as trustee for the insured, as their
interest may appear, subject to the requirements of any applicable mortgage clause and of
paragraph 5.12. OWNER shall deposit in a separate account any money so received, and he shall
distribute it in accordance with such agreement as the parties in interest may reach. If no other
special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the cost thereof covered by an appropriate
Change Order.
5.12 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless
one of the parties in interest shall object in writing within fifteen. (15) days after the occurrence of
loss to OWNER'S exercise of this power. If such objection be made, OWNER as trustee shall
make settlement with the insurers in accordance with such agreement as the parties in interest
may reach. If required in writing by any party in interest, OWNER as trustee shall upon the
occurrence of an insured loss, give bond for the proper performance of his duties.
Acceptance of Insurance:
5.13 If OWNER has any objection to the coverage afforded by or other provisions of the
insurance required to be purchased and maintained by CONTRACTOR in accordance with
paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER
will notify CONTRACTOR in writing thereof within ten (10) days of the date of delivery of such
certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection
to the coverage afforded by or other provisions of the policies of insurance required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of
their not complying with the Contract Documents, CONTRACTOR will notify OWNER in
writing thereof within ten (10) days of the date of delivery of such certificates to
CONTRACTOR in accordance paragraph 2.7. OWNER and CONTRACTOR will each provide
to the other such additional information in respect of insurance provided by him as the other may
reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection
within the time provided shall constitute acceptance of such insurance purchased by the other as
complying with the Contract Documents.
Partial Utilization - Property Insurance:
5.14 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to I
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Substantial Completion of all the Work, such use or occupancy may be accomplished in
1 accordance with paragraph 14.10; provided that no such use or occupancy shall commence
before the insurers providing the property insurance have acknowledged notice thereof and in
writing effected the changes in coverage necessitated thereby. The insurers providing the
' property insurance shall consent by endorsement on the policy or policies, but the property
insurance shall not be canceled or lapse on account of any such partial use or occupancy.
END OF ARTICLE 5
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I GC -13
ARTICLE 6
CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be necessary to
perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction, but
CONTRACTOR shall not be solely responsible for the negligence of others in the design or
selection of a specific means, method, technique, sequence or procedures of construction which
is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to
see that the finished Work complies accurately with the Contract Documents.
6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent
resident superintendent, who shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The superintendent will be
CONTRACTOR'S representative at the site and shall have authority to act on behalf of
CONTRACTOR. All communications given to the superintendent shall be as binding as if given
to CONTRACTOR.
Labor Materials and Equipment:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay
out the Work and perform construction as required by the Contract Documents. CONTRACTOR
shall at all times maintain good discipline and order at the site. Except in connection with the
safety or protection of persons or the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Special Conditions, all Work at the site shall be performed during
regular working hours, and CONTRACTOR will not permit overtime work or the performance
of Work on Saturday, Sunday or any legal holiday without OWNER'S written consent.
6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and
sanitary facilities and all other facilities and incidentals necessary for the execution, testing,
initial operations and completion of Work.
6.5 All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to the kind and quality of materials
and equipment.
6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier or distributor, except as otherwise provided in the Contract Documents.
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' Equivalent Materials and Equipment:
6.7 Whenever materials or equipment are specified or described in the Drawings or
Specifications by using the name of a proprietary item or the name of a particular manufacturer,
fabricator, supplier or distributor, the naming of the item is intended to establish the type,
function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other manufacturers fabricators, suppliers or
' distributors may be accepted by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is
equivalent to that named. The procedure for review by ENGINEER will be as set forth in
' paragraphs 6.7.1 and 6.7.2 below as supplemented in the General Requirements or Special
Conditions.
' 6.7.1 Requests for review of substitute items of material and equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or equipment, CONTRACTOR shall make written
N application to ENGINEER for acceptance thereof, certifying that the proposed substitute will
perform adequately the functions called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as and capable of performing the same
function as specified. The application will state whether or not acceptance of the substitute for
use in the Work will require a change in the Contract Documents to adapt the design to the
substitute and whether or not incorporation or use of the substitute in connection with the Work
is subject to payment of any license fee or royalty. All variations of the proposed substitute from
that specified shall be identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also contain an itemized estimate of
all costs that will result directly or indirectly from acceptance of such substitute, including costs
of redesign and claims of other contractors affected by the resulting change, all of which shall be
considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require
CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed
substitute. ENGINEER will be the sole judge of acceptability and no substitute will be ordered
or installed without ENGINEER'S prior written acceptance. OWNER may require
CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or
other surety with respect to any substitute.
6.7.2 ENGINEER will record time required by ENGINEER and ENGINEER'S
consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed
substitute, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and
ENGINEER'S consultants for re- evaluating any proposed substitute.
Concerning Subcontractors:
' 6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization
1 GC -15
(including those who are to furnish the principal items of materials or equipment) whether
initially or as a substitute, against whom OWNER or ENGINEER may have reasonable
objection. A subcontractor or other person or organization identified in writing to OWNER and
ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by
OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER
and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or
ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject
defective Work. If OWNER or ENGINEER after due investigation has reasonable objection to
any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of
Award, CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be
increased or decreased by the difference in cost occasioned by such substitution, and an
appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any
Subcontractor, other person or organization against whom CONTRACTOR has reasonable
obj ection.
6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his
Subcontractors and of persons and organizations directly or indirectly employed by them and of
persons and organizations for whose acts any of them may be liable to the same extent that
CONTRACTOR is responsible for the acts and omissions of persons directly employed by
CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship
between OWNER or ENGINEER and any Subcontractor or other person or organization having a
direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or
ENGINEER to pay or to see to the payment of any moneys due any Subcontractor or other
person or organization except as may otherwise be required by law. OWNER or ENGINEER
may furnish to any Subcontractor or other person or organization, to the extent practicable,
evidence of amounts paid to CONTRACTOR on account of specific Work done.
6.10 The identifications of any Drawings shall not control CONTRACTOR in dividing the
Work among Subcontractors or delineating the Work to be performed by any specific trade.
6.11 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an
appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds
the Subcontractor to the applicable terms and conditions of the Contract Documents for the
benefit of OWNER. CONTRACTOR shall pay each Subcontractor a just share of any insurance
moneys received by CONTRACTOR on account of losses under policies issued pursuant to
paragraphs 5.6 through 5.8.
Patent Fees and Royalties:
6.12 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to
the use in the performance of the Work or the incorporation in the Work of any invention, design,
process, product or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product or device is specified in the Contract Documents
for use in the performance of the Work and if to the actual knowledge of OWNER or
ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license
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fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the
Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and
ENGINEER and anyone directly or indirectly employed by either of them from and against all
claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement
of patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product or device not specified
in the Contract Documents, and shall defend all such claims in connection with any alleged
' infringement of such rights.
Permits:
6.13 Unless otherwise provided in the Special Conditions, CONTRACTOR shall obtain and
1 pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when
necessary, in obtaining such permits and license. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work, which are applicable at
' the time of opening of Bids. CONTRACTOR shall pay all charges of utility service companies
for connections to the Work, and OWNER shall pay all charges of such companies for capital
costs related thereto.
MLaws and Regulations:
' 6.14 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and
regulations applicable to the Work. If CONTRACTOR observes that the Contract Documents
are at variance therewith, CONTRACTOR shall give ENGINEER prompt written notice thereof,
and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR
performs any Work knowing or having reason to know that it is contrary to such laws, ordinance,
rules and regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all
costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to
make certain that the Contract Documents are in accordance with such laws, ordinances, rules
and regulations.
Taxes:
' 6.15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be
paid by him in accordance with the law of the place of the Project. All bids shall include all such
taxes with no adjustment for any refund the OWNER will receive. The CONTRACTOR shall
maintain and furnish to the OWNER, records, as required by governmental regulations of sales
taxes paid to enable recovery of the same by the OWNER.
Use of Premises:
6.16 CONTRACTOR shall confine construction equipment, the storage of materials and
equipment and the operations of workmen to areas permitted by law, ordinances, permits or the
requirements of the Contract Documents, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment.
1 GC -17
6.17 During the progress of the work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris
from and about the premises, as well as all tools, appliances, construction equipment and
machinery, and surplus materials, and shall leave the site clean and ready for occupancy by
OWNER. CONTRACTOR shall restore to their original condition those portions of the site not
designated for alteration by the Contract Documents.
6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
Record Documents:
6.19 CONTRACTOR shall keep one record copy of all Contract Documents, Addenda,
Modifications, Shop Drawings and samples at the site, in good order and annotated to show all
changes made during the construction process. These shall be available to ENGINEER for
examination and shall be delivered to ENGINEER for OWNER upon completion of the Work.
Safety and Protection:
6.20 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
6.20.1 all employees on the Work and other persons who may be affected thereby;
6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the site; and
6.20.3 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.
CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations and
orders of any public body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such
safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities
when prosecution of the Work may affect them. All damage, injury or loss to any property
referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor or anyone for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss attributable to the fault of the Contract
Documents or to the sole acts or omissions of OWNER, or anyone employed by OWNER, or
GC -18
anyone whose acts OWNER may be liable, and not attributable, directly or indirectly, in whole or
in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and
responsibilities for the safety and protection of the Work shall continue until such time as all the
Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.13 that the Work is acceptable.
6.21 CONTRACTOR shall designate a responsible member of his organization at the site
whose duty shall be prevention of accidents. This person shall be CONTRACTOR'S
superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.
Emergencies:
6.22 In emergencies affecting the safety or protection of persons or the Work or property at the
site or adjacent thereto, CONTRACTOR, without special instructing or authorization from
ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or
loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in
the Work or deviations from the Contract Documents caused thereby.
Shop Drawings and Samples:
6.23 After checking and verifying all field measurements, CONTRACTOR shall submit to
' ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing
submissions (see paragraph 2.8), five copies (unless otherwise specified in the General
Requirements or Special Conditions) of all Shop Drawings, which shall have been checked by
and stamped with approval of CONTRACTOR and identified as ENGINEER may require. The
data shown on the Shop Drawings will be complete with respect to dimensions, design criteria,
materials of construction and like information to enable ENGINEER to review the information as
' required.
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6.24 CONTRACTOR shall also submit to ENGINEER for review and approval with such
promptness as to cause no delay in Work, all samples required by the Contract Documents. All
samples will have been checked by and stamped with the approval of CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which
intended.
6.25 At the time of each submission, CONTRACTOR shall in writing call ENGINEER'S
attention to any deviations that the Shop Drawings or samples may have from the requirements
of the Contract Documents.
6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and
samples, but ENGINEER'S review and approval shall be only for conformance with the design
concept of the Project and for compliance with the information given in the Contract Documents
and shall not extend to means, methods, sequences, techniques or procedures of construction or
to safety precaution or programs incident thereto. The review and approval of a separate item as
such will not indicate approval of the assembly in which the item functions. CONTRACTOR
GC -19
shall make any corrections required by ENGINEER and shall return the required number or
corrected copies of Shop Drawings and resubmit new samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections
called for by ENGINEER on previous submittals. CONTRACTOR'S stamp of approval on any
Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that
CONTRACTOR has either determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so,
and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.27 Where a Shop Drawing or sample is required by the Contract Documents, no related
Work shall be commenced until submittal has been reviewed and approved by ENGINEER.
6.28 ENGINEER'S review and approval of Shop Drawings or samples shall not relieve
CONTRACTOR from responsibility for any deviations from the Contract Documents unless
CONTRACTOR has in writing called ENGINEER'S attention to such deviation at the time of
submission and ENGINEER has given written concurrence or approval by ENGINEER relieve
CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
Continuing the Work:
6.29 CONTRACTOR shall carry on the Work and maintain the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may
otherwise agree in writing.
Indemnification:
6.30 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER and their agents and employees from and against all claims,
damages, losses and expenses including but not limited to attorney's fees arising out of or
resulting from the performance of the Work, provided that such claim, damage, loss or expense
(a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself), including the loss of use resulting therefrom, and
(b) is caused in whole or in party by an negligent act or omission of CONTRACTOR, any
Subcontractor, anyone directly or indirectly employed by and of them or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder.
6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees
by any employee of CONTRACTOR, and Subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shall not be limited in any way to any limitation on the amount
or type of damages, compensation or benefits payable by or for CONTRACTOR or any
Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
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6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability
of ENGINEER, his agents or employees arising out of the preparation or approval of maps,
' drawings, opinions, reports, surveys, Change Orders, designs or specifications.
IEND OF ARTICLE 6
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' ARTICLE 7
' WORK BY OTHERS
7.1 OWNER may perform additional work related to the Project himself, or have additional
work performed by utility service companies, or let other direct contracts therefore which shall
contain General Conditions similar to these. CONTRACTOR shall afford the utility service
' companies and the other contractors who are parties to such direct contracts (or OWNER, if
OWNER is performing the additional work with OWNER'S employees) 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.
7.2 If any part of CONTRACTOR'S Work depends for proper execution or results upon the
work of any such other contractor or utility service company (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing any patent or apparent defects or
deficiencies in such work that render it unsuitable for such proper execution and results.
rCONTRACTOR'S failure so to report shall constitute an acceptance of the other work as fit and
proper for integration with CONTRACTOR'S Work except for latent or non - apparent defects
and deficiencies in the other work.
7.3 CONTRACTOR shall do all cutting, fitting and patching of his Work that may be
1 required to make its several parts come together properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with the written consent of ENGINEER
' and the others whose work will be affected.
7.4 If the performance of additional work by other contractors or utility service companies or
OWNER was not noted in the Contract Documents, written notice thereof shall be given to
CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the
performance of such additional work by OWNER or others involves additional expense to
' CONTRACTOR or requires an extension of the Contract Time, CONTRACTOR may make a
claim therefor as provided in Articles 11 and 12.
' END OF ARTICLE 7
I GC -22
ARTICLE 8
OWNER'S RESPONSIBILITIES
8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER unless
otherwise stated in the Special Conditions.
8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an
ENGINEER against whom CONTRACTOR makes no reasonable objection, whose status under
the Contract Documents shall be that of the former ENGINEER.
8.3 OWNER shall furnish the data required of OWNER under the Contract Documents
promptly and shall make payments to CONTRACTOR promptly after they are due as provided in
paragraphs 14.4 and 14.13.
8.4 OWNER'S duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth in paragraphs 4.1.and 4.4. Paragraph 4.2 refers
to OWNER'S identifying and making available to CONTRACTOR copies of reports of
investigation and tests of subsurface and latent physical conditions at the site or otherwise
affecting performance of the Work which have been relied upon by ENGINEER in preparing the
Contract Documents.
8.5 OWNER'S responsibilities in respect of purchasing and maintaining liability and
property insurance are set forth in paragraphs 5.5 through 5.7.
8.6 In connection with OWNER'S rights to request changes in Work in accordance with
Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) is obligated to
execute Change Orders.
8.7 OWNER'S responsibility in respect of certain inspections, tests and approvals is set forth
in paragraph 13.4
8.8 In connection with OWNER'S right to stop Work or suspend Work, see paragraphs 13.10
and 15.1. Paragraph 15.2 deals with OWNER'S right to terniinate services of CONTRACTOR
under certain circumstances.
END OF ARTICLE 8
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ARTICLE 9
ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative:
1 9.1 ENGINEER will be OWNER'S representative during the construction period. The duties
and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative
' during construction are set forth in the Contract Documents and shall not be extended without
written consent of OWNER and ENGINEER.
IVisits to Site:
' 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine, in
general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will
t not be required to make exhaustive or continuous on -site observations to check the quality or
quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a
greater degree of confidence that the completed Work will conform to the Contract Documents.
' On the basis of such visits and on -site observations as an experienced and qualified design
professional, ENGINEER will keep OWNER informed of the progress of the Work and will
endeavor to guard OWNER against defects and deficiencies in the Work.
1 Clarifications and Interpretations:
' 9.3 ENGINEER will issue with reasonable promptness such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER
may determine necessary, which shall be consistent with or reasonably inferable from the overall
' intent of the Contract Documents. If CONTRACTOR believes that a written clarification or
interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may
make a claim therefor as provided in Article 11 or Article 12.
1 Rejecting Defective Work:
9.4 ENGINEER will have authority to disapprove or reject Work which is defective, and will
also have authority to require special inspection or testing of the Work as provided in paragraph
13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.5 In connection with ENGINEER'S responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29, inclusive.
t9.6 In connection with ENGINEER'S responsibilities as to Change Orders, see Articles 10,
11 and 12.
I GC -24
9.7 In connection with ENGINEER'S responsibilities in respect to Applications for Payment,
etc., see Article 14.
Project Representation:
9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project
Representative to assist ENGINEER in observing the performance of the Work. The duties,
responsibilities and limitation of authority of any such Resident Project Representative and
assistants will be as provided in the Special Conditions. If OWNER designates another agent to
represent him at the site who is not ENGINEER'S agent or employee, the duties, responsibilities
and limitations of authority of such other person will be as provided in the Special Conditions.
Decisions and Disagreements:
9.9 ENGINEER will be initial interpreter of the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to
the acceptability of the Work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the Work shall be referred initially to ENGINEER in
writing with a request for a formal decision in accordance with this paragraph, which
ENGINEER will render in writing within a reasonable time. Written notice of each such claim,
dispute and other matter shall be delivered by the claimant to ENGINEER and the other party to
the Agreement within fifteen (15) days of the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ENGINEER and the other party within forty -five
(45) days of such occurrence unless ENGINEER allows an additional period of time to ascertain
more accurate data. In his capacity as interpreter and judge, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.10 The rendering of a decision by ENGINEER pursuant to paragraph 9.9 with respect to any
such claim, dispute or other matter (except any which have been waived by the making or
acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have
under the Contract Documents or at law in respect of any such claim, dispute or other matter.
Limitations on ENGINEER'S Responsibilities:
9.11 Neither ENGINEER'S authority to act under this Article 9 or elsewhere in the Contract
Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise
such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR,
any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or
employees or any other person performing any of the Work.
9.12 Whenever in the Contract Documents the terms "as ordered ", "as directed ", "as required ",
"as allowed ", or terms of like effect or import are used, or the adjectives "reasonable ", "suitable ",
"acceptable ", "proper ", or "satisfactory" or adjective of like effect or import are used to describe
requirement, direction, review or judgement of ENGINEER as to the Work, it is intended that
GC -25
' such requirement, direction, review or judgement will be solely to evaluate the Work for
compliance with the Contract Documents (unless there is a specific statement indicating
otherwise). The use of any such term or adjective never indicates that the ENGINEER shall have
' authority to undertake responsibility contrary to the provisions of paragraphs 9.13 or 9.14.
' 9.13 ENGINEER will not be responsible for CONTRACTOR'S means, methods, techniques,
sequences or procedures of construction, or the safety precautions and programs incident thereto,
and ENGINEER will not be responsible for CONTRACTOR'S failure to perform the Work in
accordance with the Contract Documents.
9.14 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of
any Subcontractors, or of the agents or employees of any CONTRACTOR or Subcontractor, or of
any other persons at the site or otherwise performing any of the Work.
F
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END OF ARTICLE 9
I GC -26
ARTICLE 10
CHANGES IN THE WORK
10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time,
order additions, deletions or revisions in the Work; these will be authorized by Change Orders.
Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All
such Work shall be executed under the applicable conditions of the Contract Documents. If any
Change Order causes an increase or decrease in the Contract Price or an extension or shortening
of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article
12 on the basis of a claim made by either party.
10.2 ENGINEER may authorize minor changes in the Work not involving an adjustment in the
Contract Price or the Contract Time, which are consistent with the overall intent of the Contract
Documents. This may be accomplished by a Field Order and shall be binding on OWNER, and
also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes
that a Field Order justifies an increase in the Contract Price or Contract Time, CONTRACTOR
may make a claim therefor as provided in Article 11 or Article 12.
10.3 Additional Work performed without authorization of a Change Order will not entitle
CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time,
except in the case of an emergency as provided in paragraph 6.22 and except as provided in
paragraphs 10.2 and 13.9.
10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering
changes in the Work which are required by OWNER, or required because of unforeseen physical
conditions or emergencies, or because of uncovering Work found not to be defective, or as
provided in paragraphs 11.9 or 11. 10, or because of any other claim of CONTRACTOR for a
change in the Contract Time or the Contract Price which is recommended by ENGINEER.
10.5 If notice of any change affecting the general scope of the Work or change in the Contract
Price is required by the provisions of any Bond to be given to the Surety, it will be
CONTRACTOR'S responsibility to so notify the Surety, and the amount of each applicable Bond
shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to
OWNER.
END OF ARTICLE 10
GC -27
[1
ARTICLE 11
CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments)
' payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at his expense without change in the
Contract Price.
' 11.2 The ra
Con t ct Price may only be changed by a Change Order. Any claim for an increase
' in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER
within fifteen (15) days of the occurrence of the event giving rise to the claim. Notice of the
amount of the claim with supporting data shall be delivered within forty -five (45) days of such
occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data.
All claims for adjustment in the Contract Price shall be determined by ENGINEER if OWNER
and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the
Contract Price resulting from any such claim shall be incorporated in a Change Order.
11.3 The value of any Work covered by a Change Order or of any claim for an increase or
' decrease in the Contract Price shall be determined in one of the following ways:
11.3.1 Where the Work involved is covered by unit prices contained in the Contract
' Documents, by application of unit prices to the quantities of the items involved (subject to the
provisions of paragraph 11.9).
' 11.3.2 By mutual acceptance of a lump sum.
' 11.3.3 On the basis of the cost of the Work (determined as provided in paragraphs 11.4
and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph
11.6).
' Cost of the Work:
1
11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to
in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the Work under schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe
benefits which shall include social security contributions, unemployment, excise and payroll
GC -28
taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent authorized by OWNER.
11.4.2 Cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and the storage thereof, and manufacturers' field services
required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns
from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR
shall make provisions so that they may be obtained.
11.4.3 Payments made by CONTRACTOR to the Subcontractor for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will
then determine, with the advise of ENGINEER, which bids will be accepted. If a Subcontract
provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the
Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S
cost of the Work. All subcontracts shall be subject to the other provisions of the Contract
Documents insofar as applicable.
11.4.4 Costs of special consultants (including, but not limited to, engineers, architects,
testing laboratories, surveyors, lawyers and accountants) employed for services specifically
related to the Work.
11.4.5 Supplemental Costs including the following:
11.4.5.1 The proportion of necessary transportation, travel and subsistence
expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the
Work.
11.4.5.2 Costs, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand
tools not owned by the workmen, which are consumed in the performance of the Work, and cost
less market value of such items used but not consumed which remain the property of the
CONTRACTOR.
11.4.5.3 Rentals of all construction equipment and machinery and the parts
thereof whether rented from CONTRACTOR or others in accordance with rental agreements
approved by OWNER with the advise of ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.4.5.4 Sales, use or similar taxes related to the Work, and for which
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CONTRACTOR is liable, imposed by any governmental authority.
11.4.5.5 Deposits lost for causes other than CONTRACTOR'S negligence,
royalty payments and fees for permits licenses.
11.4.5.6 Losses and damages (and related expenses), not compensated by
insurance or otherwise to the Work or otherwise sustained by CONTRACTOR in connection
with the execution of the Work, provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable. Such losses shall include settlements
made with the written consent and approval of OWNER. No such losses, damages and expenses
' shall be included in the cost of the Work for the purpose of determining CONTRACTOR'S Fee.
If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in
charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.
' 11.4.5.8 Minor expenses, such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in connection with the
' Work.
11.4.5.9 Cost of premiums for additional Bonds and insurance required because
of changes in the Work.
11.5 The term Cost of the Work shall not include any of the following:
' 11.5.1 Payroll costs and other compensation of CONTRACTOR'S S officers, executives,
principals (of partnership and sole proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants and purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in
his principal or a branch office for general administration of the Work and not specifically
included in the agreed upon schedule of job classifications referred to in subparagraph 11.4.1., all
of which are to be considered administrative costs covered by the CONTRACTOR'S Fee.
11.5.2 Expenses of CONTRACTOR'S principal and branch offices other than
CONTRACTOR'S office at the site.
' 11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on
CONTRACTOR'S capital employed for the Work charges against CONTRACTOR for
delinquent payments.
11.5.4 Cost of premiums for all Bonds and for all insurance whether or not
' CONTRACTOR is required by the Contract Documents to purchase and maintain the same
(except for additional Bonds and insurance required because of changes in the Work).
11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone
1 GC -30
directly or indirectly employed by any of them or for whose acts any of them may be liable, ,
including but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied and making good any damage to property.
e costs of an kind and the costs of an item not ,
11.5.6 Other overhead or general expense y y
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6 The CONTRACTOR'S Fee allowed to CONTRACTOR for Overhead and profit shall be '
determined as follows:
Work:
11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon;
11.6.2 a fee based on the following percentages of the various portions of the Cost of the
11.6.2.1 for costs incurred under paragraphs 11.4.1. and 11.4.2, the
CONTRACTOR'S Fee shall be ten (10) percent,
11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR'S Fee
shall be five (5) percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the
maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten (10)
percent, and
11.6.2.3 no fee shall be payable on the basis of costs itemized under paragraphs
11.4.4, 11.4.5 and 11.5.
11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost, will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit shall be
figured on the basis of the net increase, if any.
Adjustment of Unit Prices:
11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.9 Where the quantity of Work with respect to any time that is covered by a unit price differs
materially and significantly from the quantity of such Work indicated in the Contract Documents,
an appropriate Change Order shall be issued on recommendation of ENGINEER to adjust the
unit price.
GC -31
ICash Allowances:
11.10 It is understood that CONTRACTOR has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the Work so covered to be done by such
Subcontractors, manufacturers, fabricators, suppliers or distributors and for such sums within the
' limit of the allowances as may be acceptable to ENGINEER. Upon final payment, the Contract
Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR
agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for
' costs and profit on account of cash allowances. No demand for additional cost or profit in
connection therewith will be valid.
' END OF ARTICLE 11
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I GC -32
ARTICLE 12
CHANGE OF THE CONTRACT TIME
12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension
in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER
within fifteen (15) days of the occurrence of the event giving rise to the claim. Notice of the
extent of the claim with supporting data shall be delivered within forty -five (45) days of such
occurrence unless ENGINEER allows an additional period of time to ascertain more accurate
data. All claims for adjustment in the contract time shall be determined by ENGINEER if
OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time
resulting from any such claim shall be incorporated in a Change Order.
12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond
the control of the CONTRACTOR if a claim is made therefor as provided in paragraph 12.1.
Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing
additional Work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics,
abnormal weather conditions, or acts of God.
12.3 All time limits stated in the Contract Documents are of the essence of the Agreement.
The provisions of this Article 12 shall not exclude recovery for damages (including
compensation for additional professional services) for delay by either party.
END OF ARTICLE 12
GC -33
F J
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ARTICLE 13
WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS•
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
' Warranty and Guarantee:
' 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will
be in accordance with the Contract Documents and will not be defective. Prompt notice of all
defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be
' rejected, corrected or accepted as provided in this Article 13.
Access to the Work:
' 13.2 ENGINEER and ENGINEER'S representative, other representatives of OWNER testing
agencies and governmental agencies with jurisdictional interests will have access to the Work at
' reasonable times for their observation, inspection and testing. CONTRACTOR shall provide
proper and safe conditions for such access.
' Tests and Inspections:
' 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all
required inspections, tests or approvals.
' 13.4 If any law, ordinance, rule, regulation, code or other of any public body having
jurisdiction requires any WORK (or part thereof) to specifically be inspected, tested or approved,
CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith
' and furnish ENGINEER the required certificates of inspection, testing or approval.
CONTRACTOR shall also be responsible for and shall pay all costs in connection with any
inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a
' manufacturer, fabricator, supplier or distributor of materials or equipment submitted for approval
prior to CONTRACTOR'S purchase thereof for incorporation in the Work. The cost of all other
inspections, tests and approvals required by the Contract Documents shall be paid by OWNER
' (unless otherwise specified).
13.5 All inspections, tests or approvals other than those required by law, ordinance, rule,
regulation, code or order of any public body having jurisdiction shall be performed by
organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified).
' 13.6 If any Work that is to be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation.
Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given
ENGINEER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER
has not acted with reasonable promptness in response to such notice.
' 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall
GC -34
relieve CONTRACTOR from his obligations to perform the Work in accordance with the
Contract Documents.
Uncovering Work:
13.8 If any Work is covered contrary to the written request of ENGINEER, it must, if
requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at
CONTRACTOR'S expense.
13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by
ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER'S request, shall
uncover, expose or otherwise make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in question, furnishing all necessary labor. If
it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction,
including compensation of additional professional service, and an appropriate deductive Change
Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR
shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both,
directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction if he makes a claim therefor as provided in Articles 11 and 12.
Owner Mayy Stop the Work:
13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workman or
suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this
right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.11 If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER
and as specified by ENGINEER, either correct any defective Work, whether or not fabricated,
installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site
and replace it with non - defective Work.
One Year Correction Period:
13.12 If within one year after the date of Substantial Completion or such longer period of time
as may be prescribed by law or by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract Documents, any Work is found
to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance
with OWNER'S written instructions, either correct such defective Work, or, if it has been
rejected by OWNER, remove it form the site and replace it with non - defective Work. If
CONTRACTOR does not promptly comply with the terms of such instructions, or in an
GC -35
emergency where delay would cause serious risk of loss or damage, OWNER may have the
defective Work corrected or the rejected Work removed and replaced, and all direct and indirect
costs of such removal and replacement, including compensation of additional professional
service, shall be paid by CONTRACTOR.
' Acceptance of Defective Work:
' 13.13 If, instead of requiring correction or removal and replacement of defective Work,
OWNER (and prior to ENGINEER'S recommendation of final payment) prefers to accept it,
' OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation
of final payment, a Change Order shall be issued incorporating the necessary revisions in the
Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance
occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective Work:
13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to
' proceed to correct and to correct defective Work or to remove and replace rejected Work as
required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to
perform the Work in accordance with the Contract Documents (including any requirements of the
' progress schedule), OWNER may, after seven (7) days' written notice to CONTRACTOR
correct and remedy any such deficiency. In exercising his rights under this paragraph, OWNER
shall proceed expeditiously, to the extent necessary to complete corrective and remedial Action.
' OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part
of the Work, and suspend CONTRACTOR'S services related thereto, take possession of
CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and
' incorporate in the Work all materials and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER,
' OWNER'S representatives, agents and employees such access to the site and incorporate in the
Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER,
OWNER'S representatives, agents and employees such access to the site as may be necessary to
enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of
OWNER in exercising such rights shall be charged against CONTRACTOR in an amount
' verified by ENGINEER, and a Change Order shall be issued incorporating the necessary
revisions in the Contract Documents and a reduction in the Contract Price. Such direct and
indirect costs shall include, in particular but without limitation, compensation for additional
professional services required and all costs of repair and replacement of work of others destroyed
or damaged by correction, removal or replacement of CONTRACTOR'S defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in
' performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder.
IEND OF ARTICLE 13
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ARTICLE 14
PAYMENTS TO CONTRACTOR AND COMPLETION
Schedules:
' 14.1 At least ten (10) days prior to submitting the first Application for ess ro payment,
p � P Ym
CONTRACTOR shall (except as otherwise specified in the General Requirements or Special
' Conditions) submit to ENGINEER a progress schedule, a final schedule or Shop Drawings
submission and where applicable a schedule of values of the Work. These schedules shall be
satisfactory in form and substance to ENGINEER. The schedule of values shall include
' quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
' construction. Upon acceptance of the schedule of values by ENGINEER, it shall be incorporated
into a form of Application for Payment acceptable to ENGINEER.
IApplication for Progress ss Pam:
14.2 At least ten (10) days before each progress payment falls due (but not more often than
' once a month), CONTRACTOR shall submit to ENGINEER for review an Application for
Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of
the Application and accompanied by such supporting documentation as is required by the
' Contract Documents and also as 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 the site or at another location agreed to in writing, the Application for Payment shall
' also be accompanied by such data, satisfactory to OWNER, as will establish OWNER'S title to
the material and equipment and protect OWNER'S interest therein, including applicable
insurance. Each subsequent Application for Payment shall include an affidavit of
' CONTRACTOR stating that all previous progress payments received on account of the Work
have been applied to discharge in full all the CONTRACTOR'S obligations reflected in prior
' Applications for Payment. The amount of retainage with respect to progress payments will be as
stipulated in the Agreement.
' CONTRACTOR'S Warranty of Title:
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
' covered by any Applications for Payment, whether incorporated in the Project or not, will pass to
OWNER at the time for payment free and clear of all liens, claims, security interests and
encumbrances (hereafter in these General Conditions referred to as "Liens ").
Review of Applications for Progress Payment:
14.4 ENGINEER will, within ten (10) days after receipt of each Application for Payment,
either indicate in writing a recommendation of payment and present the Application to OWNER,
or return the Application to CONTRACTOR indicating in writing ENGINEER'S reasons for
' refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application. OWNER shall, within ten (10) days of presentation to
GC -37
him of the application for Payment with ENGINEER'S recommendation pay CONTRACTOR
the amount recommended.
14.5 ENGINEER'S recommendation of any payment requested in an Application for Payment
will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on -site
observations of the Work in progress as an experienced and qualified design professional and on
ENGINEER'S review of the Application for Payment and the accompanying data and schedules
that the Work has progressed to the point indicated; that, to the best of ENGINEER'S
knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of
the amount recommended. However, by recommending any such payment, ENGINEER will not
thereby be deemed to have represented that exhaustive or continuous on -site inspections have
been made to check the quality or the quantity of the Work, or that the means, methods,
techniques, sequences and procedures of construction have been reviewed or that any
examination has been made to ascertain how or for what purpose CONTRACTOR has used the
moneys paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to
any Work, materials or equipment has passed to OWNER free and clear of any Liens.
14.6 ENGINEER'S recommendation of final payment will constitute an additional
representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR'S
being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in his
opinion, it would be incorrect to make such representations to OWNER. He may also refuse to
recommend any such payment, or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment previously recommended to such extent
as may be necessary in ENGINEER'S opinion to protect OWNER from loss because:
14.7.1 the Work is defective, or completed Work has been damaged requiring correction
or replacement;
14.7.2 written claims have been made against OWNER or Liens have been filed in
connection with the Work;
14.7.3 the Contract Price has been reduced because of Modifications;
14.7.4 OWNER has been required to correct defective Work or to complete the Work in
accordance with paragraph 13.14;
14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with
the Contract Documents; or,
14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor,
GC -38
t
material or equipment.
Substantial Completion:
' 14.8 When CONTRACTOR considers the entire Work ready for its intended use,
CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is
substantially complete and request that ENGINEER issue a certificate of Substantial Completion.
' Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an
inspection of the work to determine the status of Completion. If ENGINEER does not consider
' the Work substantially complete, ENGINEER will notify CONTRACTOR in writing, giving his
reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will
prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix
' the date of Substantial Completion. There shall be attached to the certificate a tentative list of
items to be completed or corrected before final payment. OWNER shall have seven (7) days
after receipt of the tentative certificate during which he may make written objection to
ENGINEER as to any provisions of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will
within fourteen (14) days after submission of the tentative certificate to OWNER notify
' CONTRACTOR in writing, stating his reasons therefor. If, after consideration of OWNER'S
objections ENGINEER considers the Work substantially complete, ENGINEER will within said
fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate
' of Substantial Completion (with a revised tentative list of items to be completed or corrected)
reflecting such changes from the tentative certificate as he believes justified after consideration
of any objections from OWNER. At the time of delivery of the tentative certificate of
Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and
' insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to his issuing the definitive certificate of Substantial Completion,
' ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until
final payment.
' 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
IPartial Utilization:
' 14.10 Use by Owner of completed portions of the Work maybe accomplished prior to
Substantial Completion of all the Work subject to the following:
' 14.10.1 OWNER at anytime may request CONTRACTOR in writing to permit
OWNER to use any part of the Work which OWNER believes to be substantially complete and
which may be so used without significant interference with construction of the other parts of the
' Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that
said part of the Work is substantially complete and request ENGINEER to issue a certificate of
' GC -39
Substantial Completion for that part of the Work. Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine
its status of completion. If ENGINEER does not consider that part of the Work to be
substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing, giving
his reasons therefor. If ENGINEER considers that part of the Work to be substantially complete,
ENGINEER will execute and deliver to OWNER and CONTRACTOR a certificate to that effect,
fixing the date of Substantial Completion as to that part of the Work attaching thereto a tentative
list of items to be completed or corrected before final payment. Prior to issuing a certificate of
Substantial Completion as to that part of the Work, ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to the division of responsibilities pending final
payment between OWNER and CONTRACTOR with respect to security, operation, safety,
maintenance, utilities and insurance for that part of the Work which shall become binding upon
OWNER and CONTRACTOR at the time of issuing the definitive certificate of Substantial
Completion as to that part of the Work, unless OWNER and CONTRACTOR shall have
otherwise agreed in writing and so informed ENGINEER. OWNER shall have the right to
exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be
substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete
or correct items on the tentative list.
14.10.2 In lieu of the issuance of a certificate of Substantial Completion as to part of the
Work, OWNER may take over operation of a facility constituting part of the Work whether or
not it is substantially complete if such facility is functionally and separately useable; provided
that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of
responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, correction period, heat, utilities and insurance with respect to such facility.
14.10.3 No occupancy of part of the Work or taking over of operations of a facility will
be accomplished prior to compliance with the requirements of paragraph 5.14 with respect of
property insurance.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will
make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
Final Application for Payment:
14.12 After CONTRACTOR has completed all such corrections to the satisfaction of
ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, marked -up record documents and other documents, all as
required by the Contract Documents and after ENGINEER has indicated that the work is
acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application
for final payment following the procedures for progress payments. The final Application for
Payment shall be accompanied by all documentation called for in the Contract Documents and
GC -40
such other data and schedules as ENGINEER may reasonably require, together with complete
' and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu thereof and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that
releases and receipts include all labor, services, material and equipment of which a Lien could be
filed, and that all payrolls, material and equipment bills, and other indebtedness connected with
the Work for which OWNER or his property might in any way be responsible, have been paid or
' otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor,
manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full,
' CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
1
Final Payment and Acceptance:
14.13 If, on the basis of ENGINEER'S observations of the Work during construction and final
inspection, and ENGINEER'S review of the final Application for Payment and accompanying
documentation, all as required by the Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract
Documents, ENGINEER will, within ten (10) days after receipt of the final Application for
Payment, indicate in writing his recommendation for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the
provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and resubmit the Application.
If the Application and accompanying documentation are appropriate as to form and substance,
OWNER shall, within thirty (30) days after receipt thereof pay CONTRACTOR the amount
recommended by ENGINEER.
14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly
delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S final
Application for Payment and recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully completed and
accepted. If the remaining balance to be held by OWNER for Work not fully completed or
corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished
as required in paragraph 5. 1, the written consent of the Surety to the payment of the balance due
for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such payment shall be made under the
terms and conditions governing final payment, except that it shall not constitute a waiver of
claims.
CONTRACTOR'S Continuing _Obli a tion:
14.15 CONTRACTOR'S obligation to perform and complete the Work in accordance with the
Contract Documents may be absolute. Neither recommendation of any progress or final payment
by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the
GC -41
Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to
do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13,
nor any correction of defective Work by OWNER shall constitute an acceptance of Work not in
accordance with the Contract Documents or a release of CONTRACTOR'S obligation to
perform the Work in accordance with the Contract Documents.
Waiver of Claims:
14.16 The making and acceptance of final payment shall constitute:
14.16.1 a waiver of all claims by CONTRACTOR against OWNER other than those
previously made in writing and still unsettled.
END OF ARTICLE 14
GC -42
ARTICLE 15
SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:
15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and
ENGINEER which shall fix the date on which Work shall resume. CONTRACTOR will be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension if he makes a claim therefor provided in Articles 11 and 12.
Owner May Terminate:
' 15.2 Upon the occurrence of any one or more of the following events:
e
1
1
1
15.2.1 if CONTRACTOR is adjudged in bankrupt or becomes insolvent;
15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of
CONTRACTOR'S property;
15.2.4 if CONTRACTOR files a petition to take advantage of any debtor's act, or to
reorganize under the bankruptcy or similar laws;
15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen or
suitable materials or equipment;
15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors or
for labor, materials or equipment;
15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations or orders of
any public body having jurisdiction;
15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or
15.2.9 if CONTRACTOR otherwise violates in any substantial way any provision of the
Contract Documents,
OWNER may after giving CONTRACTOR and his surety seven (7) days written notice,
terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take
possession of the Work and all of CONTRACTOR'S tools, appliances, construction equipment
and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored else where, and finish the Work as OWNER may deem
GC -43
expedient. In such case, 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 Work, including compensation for additional professional
services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER
shall be verified by ENGINEER and incorporated in a Change Order, but in finishing the Work,
OWNER shall not be required to obtain the lowest figure for the Work performed.
15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination
shall not affect any right of OWNER against CONTRACTOR then existing or which may
thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4 Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or remedy, elect to abandon the Work and
terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and
any expense sustained plus reasonable termination expenses.
CONTRACTOR May Stop Work or Terminate:
15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of
more than ninety (90) days by Owner or under an order of court or other public authority, or
ENGINEER fails to act on any Application of Payment within thirty (30) days to pay
CONTRACTOR any sum finally determined to be due, the CONTRACTOR may, upon seven (7)
days written notice to OWNER and ENGINEER, terminate the Agreement and recover from
OWNER payment for all Work executed and any expense sustained plus reasonable termination
expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act
on an Application for Payment or Owner has failed to make any payment as aforesaid,
CONTRACTOR may upon seven (7) days notice to OWNER and ENGINEER stop the Work
until Payment of all amounts then due. The provisions of this paragraph shall not relieve
CONTRACTOR of his obligations under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes and disagreements with OWNER.
END OF ARTICLE 15
GC -44
ARTICLE 17
MISCELLANEOUS
Giving Notice:
17.1 Whenever an provision of the Contract Documents requires the giving of written notice
any q g g ,
it shall be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at
or sent by registered or certified mail, postage prepaid, to the addresses as shown on the
Construction Agreement or to the last business address known to the giver of the notice. The
CONTRACTOR, OWNER, or the ENGINEER may change an address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner provided in
this paragraph.
Computation of Time:
17.2 When any period of time is referred to in the Contract Documents by days, it shall be
computed to exclude the first and include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day shall be omitted from the computation.
' General:
17.3 Should OWNER or CONTRACTOR suffer injury damage to his person or property
because of any error, omission or act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally liable, claim shall be made in writing
to the other party within a reasonable time of the first observance of such injury or damage.
1
17.4 The duties and obligations imposed by these General Conditions the rights and remedies
' available hereunder to the parties hereto, and, in particular but without limitation, the warranties,
guarantees and obligations imposed under CONTRACTOR by paragraphs 6.30, 13.1, 13.11,
13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER
thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any
rights and remedies available to any or all of them which are otherwise imposed or available by
law or contract, by special warranty or guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in
the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract
Documents shall survive final payment and termination or completion of this Agreement.
Assignment:
' 17.5 Neither the Contract Documents nor an rights or duties hereunder may be assigned or
Y g Y �
delegated to any other person or entity by any party hereto without the express written consent of
the other affected parties hereto.
I GC -45
END OF ARTICLE 17
GC -46
i
TABLE OF CONTENTS
OF
'
SPECIAL CONDITIONS
Article
'
Number
Title
page
1
GENERAL ............................. ...............................
SC -1
'
2
LOCATION OF PROJECT .....
SC -1
3
DESCRIPTION OF WORK ........... ...............................
SC -1
4
ACQUISITION OF LAND, RIGHTS -OF -WAYS,
AND EASEMENTS
SC
.................... ...............................
-1
5
CONSTRUCTION STAKING .. ...............................
SC -2
6
ELECTRIC POWER AND WATER ... ...............................
SC -2
7
EXISTING UTILITIES ................... ...............................
SC -2
8
MATERIALS FURNISHED BY OWNER ...........................
SC -2
9
STATE AND LOCAL LAWS ........... ...............................
SC -2
10
PROTECTION OF PUBLIC AND PRIVATE PROPERTY.......
SC -2
t11
FEES AND PERMITS .................... ...............................
SC -3
'
12
WASTE MATERIALS .................... ...............................
SC -3
13
INCREASED OR DECREASED QUANTITIES ....................
SC -3
14
OPERATIONS WITH OTHERS ........ ...............................
SC -3
'
15
CONSTRUCTION LIMITS .............. ...............................
SC -3
16
CLASSIFICATION OF EXCAVATION ..............................
SC -3
17
PAYMENTS TO CONTRACTOR ..... ...............................
SC -4
18
HOT BITUMINOUS PAVEMENT MIX DESIGN ..................
SC -4
19
CONCRETE STRENGTH REQUIREMENTS ......................
SC -4
'
20
INSPECTION....... ...................... ...............................
SC -4
'
sc -i
Article
Number
Title
Page
21
RESIDENT PROJECT REPRESENTATIVE ........................
SC -5
22
INSURANCE .............................. ...............................
SC -6
23
PROGRESS PAYMENT RETAINAGE ..............................
SC -7
24
LIQUIDATED DAMAGES .............. ...............................
SC -7
25
QUALIFICATION OF BIDDERS ...... ...............................
SC -7
26
SUBCONTRACTORS AND SUPPLIERS ...........................
SC -8
27
CHARACTER OF WORKERS ......... ...............................
SC -8
28
PRODUCTS ................................ ...............................
SC -8
29
STANDARD SPECIFICATIONS ....... ...............................
SC -9
30
PRIME COAT AND TACK MATERIAL .............................
SC -9
31
MEASUREMENT AND PAYMENT ... ...............................
SC -9
32
SPECIAL DATES .......................... ...............................
SC -9
33
STREET CLOSURE ....................... ...............................
SC -9
34
DRAWING LIST ........................... ...............................
SC -9
sc -ii
ISPECIAL CONDITIONS
' 1. GENERAL
Work to be done under this section consists of furnishing all labor, materials, equipment,
' and accessories, and performing all operations to complete the project work in accordance with
the Contract Documents.
' The following "Special Conditions" shall govern in case of discrepancies in any or all of
the following documents, and the intent, either expressed or implied, in the "Special Conditions"
shall govern in the interpretation of the Contract Documents.
The Bidder is required to examine carefully the site of the proposed work, Proposal, and
Contract Documents. He shall satisfy himself as to the character, quality, and quantities of Work
to be performed, materials to be furnished, and as to the requirements of these specifications.
The submissions of a Bid shall be evidence that the Bidder has made such an examination.
' 2. LOCATION OF PROJECTS:
' The construction work to be performed is located within the right -of -way of various
streets and roads in the Town of Avon, Eagle County, Colorado.
3. DESCRIPTION OF WORK
AREA I
' Benchmark Rd - starting at the intersection with West Beaver Creek Blvd and ending at
the south side of the Seasons Building, approximately 1650 linear feet. Improvements
include two -inch asphalt overlay after roto- milling, manhole and valve box adjustments,
striping, crosswalk reconstruction, geotextile fabric installation, removal and replacement
of curb and gutter and sidewalk, and traffic control.
' AREA H
Metcalf Rd - starting at the intersection with Nottingham Rd and ending at the new
1 pavement section at Lot 40, Benchmark at Beaver Creek. Improvements include two -
inch asphalt overlay including driveway tie -ins, shoulder work, roto - milling, manhole and
valve box adjustments, striping, and traffic control.
1 AREA III
Reconstruction of east bound lane of E. Beaver Creek Blvd at Beaver Creek Place.
Improvements include asphalt patch / overlay after roto- milling, striping, and Traffic
control
' 4. ACQUISITION OF LAND, RIGHTS -OF -WAYS AND EASEMENTS
All land, right -of -way, and easements required for actual construction under this contract
have been acquired by the OWNER.
I SC -1
Should the CONTRACTOR require use of any right -of -way across any other lands, he
shall obtain written approval of the respective owners and he shall take sole responsibility for all
restoration of such lands to the satisfaction of the respective owners.
CONSTRUCTION STAKING
The Owner will provide adequate horizontal and vertical control points for the contractor
to establish the lines and grades shown on the plans. Construction staking shall be the
responsibility of the CONTRACTOR.
Established control points will be provided with special colored flagging and it shall be
the responsibility of the CONTRACTOR to protect those control points. In the event they are
lost, due to any cause, the cost to their replacement will be deducted from moneys due the
CONTRACTOR.
6. ELECTRIC POWER AND WATER
The CONTRACTOR shall provide all electric power and water required for construction
of the work and they shall be paid for by him.
7. EXISTING UTILITIES
The size and location of underground utilities, as noted on the plans, is from the best
information available as established from actual field observations and study of existing records.
These are noted for the information of bidders and are believed to be correct; however, the
CONTRACTOR must take sole responsibility for damage to any utility line encountered,
whether or not located on the plans.
The CONTRACTOR will notify the utility companies for field locations before the
start of construction.
8. MATERIALS FURNISHED BY OWNER
The OWNER shall furnish no labor, no equipment, and no materials to the
CONTRACTOR. It is the intention of this contract to require the CONTRACTOR to furnish all
labor, materials, and equipment necessary for the complete construction of the work.
9. STATE AND LOCAL LAWS
The CONTRACTOR shall conform to all applicable State and local laws in carrying out
is obligations under the Contract.
10. PROTECTION OF PUBLIC AND PRIVATE PROPERTY
All property shall be protected from damage. Property damaged by the contractor during
SC -2
the construction of the work shall be, at his expense, repaired or replaced and left in as good
condition as found.
' 11. FEES AND PERMITS
The CONTRACTOR, prior to commencing any work, shall secure at his own expense all
the necessary fees and permits required for the performance of the project work.
12. WASTE MATERIALS
' All waste materials such as broken pipe, tree roots, and other construction debris shall be
picked up and removed from the site by the CONTRACTOR. Final cleanup must be approved
and accepted by the OWNER before the contract may be considered complete.
' 13. INCREASED OR DECREASED QUANTITIES
' The OWNER reserves the right to make such changes in quantity of work as are deemed
necessary or advisable without changing the unit bid prices shown in the Proposal.
' 14. OPERATIONS WITH OTHERS
The OWNER reserves the right to have other work performed by other contractors and to
permit the public utility companies and others to do work on, and adjacent to, the site. The
CONTRACTOR shall conduct his operations and cooperate with the other parties so as to
minimize interference with this other work. Should a difference arise as to the rights of the
' CONTRACTOR and other, the ENGINEER, as the OWNER's representative, shall be sole
mediator and his decision shall be final and binding on the CONTRACTOR.
' 15. CONSTRUCTION LIMITS
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The CONTRACTOR shall confine his operation within the limits of construction shown
on the Plans. Site offices, workshops, etc., shall be located only where approved by the
OWNER. Where haulage roads cannot be confined to existing established routes,
CONTRACTOR shall provide in his bid for complete restoration of the new routes to the
satisfaction of the ENGINEER.
16. CLASSIFICATION OF EXCAVATION
All excavation for construction shall be unclassified except for rock excavation. The cost
of trench excavation shall be included in the unit price of the pipeline installation.
The CONTRACTOR shall assume all responsibility for deductions and conclusions
which may be made as to the nature of the materials to be excavated, including the difficulty of
making and maintaining the required excavation, problems caused by ground water should such
be encountered, problems encountered in excavating for lines and structures, and any other
difficulties which may result form the geological and physical conditions encountered at the site
SC -3
of the work.
17. PAYMENTS TO CONTRACTOR
General Conditions, Article 14, Payments to CONTRACTOR and Completion shall be
modified as follows. All items and parts of items not specifically modified below shall remain
unchanged.
A. PROGRESS PAYMENTS At the end of each month, CONTRACTOR shall
submit to ENGINEER, for review, an Application for Payment filled out and signed by
CONTRACTOR covering work completed as of the date of the Application and accompanied by
such supporting documentation as is required by the Contract Documents and also as
ENGINEER may reasonably require.
ENGINEER will, within fifteen (15) days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the Application to
OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER'S
reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the
necessary corrections and resubmit the application. OWNER shall, within thirty (30) days of
presentation to him of the Application for Payment, with ENGINEER'S recommendation, pay
CONTRACTOR the amount recommended.
B. FINAL PAYMENT AND ACCEPTANCE The last sentence of paragraph 14.13
of the General Conditions shall be revised to read as follows:
If the application and accompanying documentation are appropriate as to form and
substance, OWNER shall, within thirty (30) days after publication of the completion notice for
the project, pay CONTRACTOR the amount recommended by ENGINEER, if there are no
outstanding claims at that time.
18. HOT BITUMINOUS PAVEMENT MIX DESIGN
CONTRACTOR shall submit Hot Bituminous Pavement Design -Mix to
ENGINEER for review and approval no later than seven days from Notice of Award. Mix
Design shall comply with all applicable requirements of Colorado Standard Specifications for
Road and Bridge Construction.
19. CONCRETE STRENGTH REQUIREMENTS
The minimum twenty -eight (28) day compressive strength for all concrete shall be 4,000
pounds per square inch, with 5 -8% air entrainment. Fiber Reinforcement shall be used.
20. INSPECTION
At all times, representatives of the OWNER, representatives of agencies affected by the
construction work, and the ENGINEER or their representative shall have the right to enter and
inspect any and all parts of the work for compliance with the plans and specifications.
6YWI
1 The ENGINEER shall decide any and all questions which may arise as to the quality and
acceptability of the materials furnished, the work performed, the manner of performance and the
rate of progress of the work. The ENGINEER shall decide all questions which may arise as to
' the interpretation of the Contract Documents, all questions as to acceptable fulfillment of the
contract, and all disputes and mutual rights by the CONTRACTORS, if there is more than one
' CONTRACTOR on the work.
The decision of the ENGINEER shall be final. He shall have executive authority to make
' effective such decisions and to enforce the CONTRACTOR to carry out all orders promptly. The
CONTRACTOR shall give adequate notice to all agencies performing the inspecting prior to the
commencing of construction.
21. RESIDENT PROJECT REPRESENTATIVE
' ENGINEER may appoint a Resident Project Representative to assist in observing the
performance of the work. If so appointed, the Resident Project Representative will be the
ENGINEER'S agent and will act as directed by and under the supervision of ENGINEER and
' will confer with ENGINEER regarding his actions. The Resident Project Representative's
dealings in matters pertaining to the on -site Work shall, in general, be only with ENGINEER and
CONTRACTOR, and dealings with subcontractors shall only be through CONTRACTOR.
' As ENGINEER'S Agent, the Resident Project Representative will:
A. Serve as ENGINEER'S liaison with CONTRACTOR, working principally
through CONTRACTOR'S Superintendent and assist him in understanding the intent of the
Contract Documents.
B. Conduct on -site observations of the Work in progress to assist ENGINEER in
' determining if the Work is proceeding in accordance with the Contract Documents and that
completed Work will conform to the Contract Documents.
C. Report to ENGINEER whenever he believes that any Work is unsatisfactory,
faulty, defective, does not conform to the Contract Documents, does not meet the requirements,
inspections, tests, or approval required to be made, or has been damaged prior to final payments.
' He will also advise ENGINEER when he believes Work should be corrected or rejected, should
be uncovered for observation, or requires special testing, inspection, or approval.
1
1
D. Verify that tests, equipment and systems startups, and operating and maintenance
instructions are conducted as required by the Contract Documents and in the presence of the
required personnel, and that CONTRACTOR maintains adequate records thereof, observe,
record and report to ENGINEER appropriate details relative to the test procedures and startups.
E. Accompany visiting inspectors, representing public or other agencies having
jurisdiction over the Project, and report the outcome of these inspections to ENGINEER.
SC -5
F. Transmit, to CONTRACTOR, ENGINEER'S clarifications and interpretations of
the Contract Documents.
G. Consider and evaluate CONTRACTOR'S suggestions for modifications in
Contract Documents and report them, with recommendations, to ENGINEER.
H. Furnish ENGINEER periodic report of progress of the Work and contractor's
compliance with the approved progresses schedule.
As ENGINEER'S Agent, the Resident Project Representative, except upon written
instructions of ENGINEER, will not:
A. Authorize any deviation from the Contract Documents or approve any substitute
materials or equipment.
B. Exceed limitations on ENGINEER'S authority, as set forth in the Contract
Documents.
C. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or
CONTRACTOR'S superintendent, or expedite the Work.
D. Advise on, or issue directions relative to, any aspect of the means, methods,
techniques, sequences, or procedures of construction, unless such is specifically called for in the
Contract Documents.
E. Advise on or issue directions as to safety precautions and programs in connection
with the Work.
F. Authorize OWNER to occupy the Project in whole or in part.
G. Participate in specialized field or laboratory tests.
22. INSURANCE
In conformance with the provisions of the General conditions as to insurance policies that
will be required to protect the OWNER and the CONTRACTOR, the minimum amounts of the
various kinds of insurance not otherwise provided for shall be as follows:
1. Worker's Compensation Insurance in accordance with prevailing laws.
2. Comprehensive general liability a minimum of $600,000 combined single limit
bodily injury and property damage, each occurrence; $2,000,000 annual aggregate.
If said aggregate is reduced by claim payments or otherwise exhausted, the
Contractor shall immediately purchase additional aggregate limits for the
remainder of Contract and furnish certificates of such insurance to OWNER.
3. Automobile liability a minimum of $600,000 combined single limit bodily injury
SC-6
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and property damage, each accident.
4. Owner protective liability applying separately to each project and showing the
OWNER as Named Insured. Coverages shall remain in effect until the work is
accepted by OWNER and shall be written for limits of a minimum of $600,000
per occurrence and $2,000,000 annual aggregate. CONTRACTOR shall evidence
coverages initially with an insurance binder with the actual insurance policy
submitted to OWNER within thirty days of effective date. CONTRACTOR shall
be responsible for purchasing additional insurance coverage if the $2,000,000
aggregate is exhausted before the project is completed.
23. PROGRESS PAYMENT RETAINAGE
Section 14.2 of the General Conditions is hereby amended to stipulate the amount of
retainage with respect to progress payments in this Section rather than in the Agreement.
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. When the value of
work completed has progressed to fifty (50 %) percent of the Contract amount, and in the
OWNER'S opinion satisfactory progress and quality of work is being maintained, the OWNER
may elect, at his sole discretion, not to withhold additional retainage for the remainder of the
work. The ten (10 %) percent retainage of the value of work completed may be reinstated if, in
the OWNER'S opinion, the lack of progress or other substantial reasons exist.
24. LIQUIDATED DAMAGES
Should the CONTRACTOR fail to complete the Work, or any part thereof, in the time
stipulated in the Agreement or within such extra time as may have been allowed for delays by
extensions granted as provided in the Contract Documents, the CONTRACTOR shall reimburse
the OWNER for the additional expenses and damage for each calendar day, Sundays and
holidays excluded, that the Contract remains uncompleted after the Contract completion date. It
is agreed that the amount of such additional expense and damage, incurred by reason of failure to
complete the Work, is the per diem rate stipulated in the Bid. The said amounts are hereby
agreed upon as liquidated damages for the loss to the OWNER because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the OWNER would, in such
event, sustain.
It is expressly understood and agreed that this amount is not to be considered in the nature
of a penalty, but as liquidated damages which have accrued against the CONTRACTOR; and the
OWNER is authorized to deduct the amount of such damages from any monies due the
CONTRACTOR for Work performed or material furnished under this Agreement and the
CONTRACTOR and his Sureties shall be liable for any excess.
25. QUALIFICATION OF BIDDERS
A statement of competency may be required from such Bidders as may be considered in
making the award, and will include:
SC -7
A. Similar Work performed by the CONTRACTOR in the last five (5) years.
B. Plant and equipment, in detail, available and which he now proposes to use on this
Work.
C. Recent financial statements relative to resources, including cash and bank credits
available.
D. Names of surety company that has indicated it's willingness to bond the Bidder.
A Bidder otherwise qualified may be required, either before or after the bid opening, to
demonstrate availability of equipment and organization, not otherwise committed, to perform the
Work within the time limits specified in the Contract Documents. Bidders will be required to
fully inform the ENGINEER of their commitments to other work so he may form an opinion as
to their availability for prompt performance of this Contract.
No Bid will be accepted from, and no Contract will be awarded to any person, firm or
corporation that is in arrears to the OWNER upon any debt or contract, or that is a defaulter as
surety or otherwise upon any obligation to the OWNER.
26. SUBCONTRACTORS AND SUPPLIERS
Bidder shall submit a list of all Sub - contractors and suppliers, accompanied by an
experience statement, with pertinent information as to similar projects and other evidence of
qualification for each such sub - contractor, person or organization.
27. CHARACTER OF WORKERS
The CONTRACTOR shall employ only competent employees to do the work, and
whenever the ENGINEER shall notify the CONTRACTOR in writing that any worker is, in his
opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such worker shall be
discharged from the work, and shall not again be employed on it except with the consent of the
ENGINEER.
28. PRODUCTS
A. The OWNER'S Representative reserve the right to require a statement from the
manufacturer of any manufactured materials that the specific materials used conform with the
Contract Documents.
B. Whenever a manufacturer's name or brand is specified for a product in these
Contract Documents, alternate products of equal performance may be proposed for substitution.
When the CONTRACTOR wishes to use an alternate item, he must submit to the ENGINEER a
manufacturer's specification sheet for each and every alternate. These specification sheets must
verify that the proposed alternate is indeed an acceptable equivalent to the items specified. All
alternates must be approved, in writing, by the ENGINEER, who has the final decision.
9
IJ
' 29. STANDARD SPECIFICATIONS
The specifications for this project shall be the standard specifications for Road and Bridge
Construction, State Department of Highways, Division of Highways, State of Colorado, 1999.
Section 200 through 700.
30. PRIME COAT AND TACK MATERIAL
' The ENGINEER may, at his discretion, require the application of a prime or tack coat, to
the surface of the prepared sub -grade or asphaltic surface, prior to the construction of bituminous
pavement.
' The prime or tack coat shall be emulsified asphalt CSS -1 applied at the rate of
approximately 0.1 gallon per square yard.
Separate payment will not be made for tack or prime coat.
' 31. MEASUREMENT AND PAYMENT
The quantities for which Payment will be made shall be those shown in the BID FORM,
' provided the project is constructed essentially in accordance with the plans and specifications.
Authorized changes will be field measured by Engineer and the accepted work will be paid for at
the contract bid price per unit.
Payment shall be made at the unit price or lump sum amount, as shown in the
CONTRACTOR'S Bid, for applicable items of work. Items of work required to complete the
project in accordance with the plans and specifications and for which no specific bid item
' appears in the Contract Documents shall not be paid for separately, but shall be included in the
prices shown in the Contractor's Bid for applicable items of work.
32. SPECIAL DATES
No work will be allowed in the Area Core Business Area on the following dates:
1. June 28th — The Great Race
2. July 3`d - SALUTE TO THE USA
' 3. July 10th — Triple ByPass Bike Tour
4. July 16th thru 18th — Thunderbird Arts Festival
' 33. STREET CLOSURE
All construction shall be scheduled such that full access to all residential and commercial
properties for emergency vehicles is maintained at all time. It will be the CONTRACTOR'S
responsibility to notify the Police Department, and Fire Department and receive written
' permission before closing any public drives. The CONTRACTOR shall notify all residents and
SC -9
businesses of any area prior to undertaking any construction, which will block drives to and from
the property.
34. DRAWING LIST
SHEET DESCRIPTION
SK -1 Vicinity Map
SK -2 Benchmark Road Roto - milling and Overlay
SK -3 Raised Crosswalk Detail
SK -4 East Beaver Creek Blvd Patch Details
SC -10
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ADDENDUM NO. ONE
' ADDENDUM DATE: May 27, 2004
TOWN OF AVON
1 2004 STREET REPAIR AND IMPROVEMENTS
THE FOLLOWING REVISIONS, JUDGEMENTS, RULINGS AND CLARIFICATIONS SHALL BE
INCORPORATED INTO THE PLANS AND SPECIFICATIONS KNOWN AS 2004 STREET REPAIR
AND IMPROVEMENTS.
' CONTRACT DOCUMENT REVISIONS
1. Advertisement for Bids shall be revised per attached documents (AB -1 and AB -2).
1
1 END OF ADDENDUM NO. ONE
1
1
1
i
1
1
1
1
1
1
1
AD -1
1
1
' ADVERTISEMENT FOR BIDS
MAY 27, 2004
' The Town of Avon, Colorado, will receive sealed bids for 2004 Street Repair and Improvements
for the Town of Avon, Colorado. Bids will be received at the Office of the Town Clerk, Avon
Municipal Complex, P.O. Box 975, 400 Benchmark Road, Avon, Colorado, 81620 until 11:00
a.m., local time, on the 14th Day of June, 2004, at which time and place all bids will be publicly
opened and read aloud.
' Construction for which bids will be received includes:
AREA I
Benchmark Rd - starting at the intersection with West Beaver Creek Blvd and ending at
the south side of the Seasons Building, approximately 1650 linear feet. Improvements
' include two -inch asphalt overlay after roto - milling, manhole and valve box adjustments,
striping, crosswalk reconstruction, geotextile fabric installation, removal and replacement
of curb and gutter and sidewalk, and traffic control.
AREA II
Metcalf Rd - starting at the intersection with Nottingham Rd and ending at the new
' pavement section at Lot 40, Benchmark at Beaver Creek. Improvements include two -
inch asphalt overlay including driveway tie -ins, shoulder work, roto - milling, manhole
and valve box adjustments, striping, and traffic control.
AREA III
Reconstruction of east bound lane of E. Beaver Creek Blvd at Beaver Creek Place.
Improvements include asphalt patch / overlay after roto - milling, striping, and Traffic
control
F
n
1
The Contract Documents, including Plans and Specifications, are on file at the Office of the
Town Engineer, Town of Avon Department of Public Works, 500 Swift Gulch Road, Avon,
Colorado. Plans, Specifications and Contract Documents are available from the Town of Avon
upon receipt of $30.00 per set. Deposits will not be returned. Contractors are requested to
contact the Town of Avon at (970) 748 -4100 to reserve /order copies of Plans and Specifications
24 hours prior to pick up.
A pre -bid conference will be held on Thursday, June 3, 2004, 3:00 p.m. at the Avon Town
Municipal Complex, 400 Benchmark Road, Avon, Colorado.
A certified check or bank draft, on a responsible, solvent bank, or a satisfactory Bid Bond
executed by the Bidder and a recognized Colorado licensed Surety Company, payable to the
Town of Avon, Colorado, in the amount of not less than five percent (5 %) of the total bid, shall
be submitted with each bid as security that the Bidder to whom the contract may be awarded will
enter into a contract in accordance with this notice, and give bond as hereinafter provided.
No bid shall be withdrawn after the opening of the bids, without the consent of the Town of
Avon, for a period of sixty (60) days after the scheduled Bid Opening. The successful bidder
will be required to furnish satisfactory performance and payment bonds in the full amount of the
bid or proposal.
All bids must be submitted in writing on the forms provided, and signed by the Bidder or his
duly authorized agent.
The Town of Avon reserves the right to reject any and all bids, to waive any informalities in
bidding, and to make Award in such a manner as they may deem right and proper for the best
interest of the Town of Avon.
TOWN OF AVON, COLORADO
Patty McKenny, Town Clerk
PUBLICATION DATES:
Eagle Valley Enterprise
Vail Daily
May 27, 2004
June 3, 2004
June 10, 2004
ADDENDUM NO. TWO
ADDENDUM DATE: June 8, 2004
TOWN OF AVON
2004 STREET REPAIR AND IMPROVEMENTS
THE FOLLOWING REVISIONS, JUDGEMENTS, RULINGS AND CLARIFICATIONS
SHALL BE INCORPORATED INTO THE PLANS AND SPECIFICATIONS KNOWN AS
2004 STREET REPAIR AND IMPROVEMENTS.
CONTRACT DOCUMENT REVISIONS
1. Bid Form shall be revised per attached documents (BF -3 thru BF -6).
' PRE — BID MEETING RESPONSES TO QUESTIONS:
1. Quality control testing of the subgrade and asphalt is the responsibility of the
' CONTRACTOR and should include compaction, gradation and AC Content. The Town
of Avon will be responsible for quality assurance
'
2. Millings may be used for shouldering material on Metcalf Rd. Any extra millings not
used as shouldering material should be placed at the Town of Avon Public Works Facility
and coordinated with the owner.
'
3. There are 3 milled areas on Metcalf Rd. There are two 12 foot milled areas (tapering
from 2" to 0 ") on Nottingham Rd at each tie in with the existing asphalt. There is also a
milled area in front of the Lot 18/19, Block 1, BMBC (Comcast) entrance. This will be a
tapering mill from 2" at the driveway abutment to 0" at the road center with the mill
tapering from 2" to 0" in a 12 foot transition at either end of the mill area.
4. Milling in Area I and Area III — see detail and legends on SK -2 and SK -4.
5. Geotextile fabric will be placed on Benchmark Road under the asphalt in the areas field
verified by the Town of Avon. Three (3) foot wide rolls overlapped per manufacturer
specification to be placed under leveling course (215 feet long by 6 feet wide). The
remainder of fabric will be one (1) foot rolls to be used on various transverse cracks, as
field determined.
6. The warranty period will be for one (1) year as per Article 13, section 13.12 of the
general conditions.
7. Epoxy Striping is calculated as follows:
Area I (Benchmark Road) — Linear feet calculation includes double yellow center
line (1656 LF) and white turn lane (54 LF), match existing striping
Area II (Metcalf Road) — Linear feet calculation includes double yellow (3575)
and two white shoulder stripes (7150), match existing striping
8. Bus stop and parking space striping does not need to be epoxy paint, match existing.
.M
' 9. Areas considered to be in Avon Business Core include Area I and Area I11.
'
10. Liquidated Damages —See Bid Form
11. Project is bid as Lump Sum with unit prices — See Bid Schedule.
'
12. Projected construction schedule is as follows:
Bid opening: Monday, June 14, 2004 at 11:00 AM
Anticipated Recommendation presented to Council: Tuesday, June 22,
'
2004
Construction: After Fourth of July (30 calendar day construction period
after Notice to Proceed)
1
END OF ADDENDUM NO. TWO
L
I AD -2
' BID SCHEDULE
TOWN OF AVON, COLORADO
' 2004 STREET REPAIR AND IMPROVEMENTS
The following schedule of unit prices are those determined by the Bidder necessary to furnish all supervision,
'technical personnel, labor, materials, equipment, tools, services, transportation, overhead, and profit required to
complete each item in place for the quantities shown. These unit prices shall furnish the basis for determining
extra cost or credits resulting from changes in the work, as indicated in Article 11 of the General Conditions of
'the Contract. If there is a discrepancy between the unit prices and the extended total price shown, the unit price
shall govern. Items not listed in this schedule shall be assumed to be incidental to the contract.
IDescription, approximate quantity, and unit price in words and figures.
' AREA I — Benchmark Road (W. BC Blvd to south of the Season's Building)
Unit Unit
Item Quantit Unit Price Cost
' 1.0 General
' 1.1 Mobilization, includes mobilization of all personnel,
equipment, supplies and other necessary facilities in
preparation for work on this project. 1 LS
' 2.0 Demolition
2.1 Rotomill 2" Existing Asphalt, including removal and
hauling 39636 SF
' 2.2 Remove and Dispose of Existing Curb & Gutter 27 LF
2.3 Remove and Dispose of Existing Sidewalk 146 SF
3.0 Roadway
'
3.1 Asphaltic Concrete (SX), 2 inch overlay, complete in
place, including tack coat, compaction and
temporary pavement control
597
TONS
'
3.2 Asphalt Leveling Course (SX), complete in place,
including tack coat
16
TONS
'
3.3 Asphalt Concrete — Raised Crosswalk
1
LS
3.4 Epoxy Paint Striping, complete in place including
'
glass beads
1710
LF
3.5 Preformed Plastic ( 45730) Turn Arrows
4
EA
3.6 Preformed Plastic ( #5730) Stop Bars
5
EA
I BF -3
BID SCHEDULE (continued)
t
3.7 Preformed Plastic Speed Bump Warning Stripes
(series of white marking to match existing)
2
EA
'
3.8 Preformed Plastic Xwalk Stripes
(series of white marking to match existing)
2
EA
3.9 Parking / Bus Stop Pavement Marking
1
LS
3.10 Amoco Petrotak, furnish and install Geotextile Fabric,
at alligatored area complete in place_
As field determined
1386
SF
3.11 Concrete Curb & Gutter (1 %' gutter)
27
LF
'
3.12 Concrete Sidewalk (4 ") complete in place
146
SF
3.13 Subgrade Preparation and compaction for sidewalk
'
and curb and gutter
1
LS
4.0 Utilities
'
4.1 Manhole Adjustments — Adjust manhole tops to
'/4" below resurfaced pavement grade
3
EA
5.0 Traffic Control
' 5.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
' by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
thereto. 1 LS
' TOTAL BID AREA I
Price in words and figures.
AREA II — Metcalf Road
Unit Unit
Item QUantit Unit Price Cost
1 1.0 General
1.1 Mobilization, includes mobilization of all personnel,
' equipment, supplies and other necessary facilities in
I BF -4
IBID SCHEDULE (continued)
preparation for work on this project. 1 LS
' 2.0 Demolition
' 2.1 Rotomill 2" Existing Asphalt, including removal and
hauling 1236 SF
' 3.0 Roadway
3.1 Asphaltic Concrete, 2 inch overlay, complete in
' place, including tack coat, compaction and
temporary pavement control 1128 TONS
3.2 Epoxy Paint Striping, complete in place including
glass beads 10725 LF
3.3 Preformed Plastic ( #5730) Stop Bars 3 EA
' 3.4 Shoulder Reconditioning, all work consisting of blading,
shaping, wetting and compacting shoulders to match
' resurfaced pavement grades. Including base rock as
needed. Asphalt millings may be used. 7150 LF
' 4.0 Utilities
4.1 Manhole Adjustments — Adjust manhole tops to
%4" below resurfaced pavement grade 8 EA
' 4.2 Curb Stops (valve boxes) — Adjust existing valve
box tops to '/4" below resurfaced pavement grade 9 EA
'5.0 Traffic Control
' 5.1 Construction Zone Traffic Control, consists of furnishing
installing, moving, maintaining and removing all temporary
traffic signs and devices, and other operations as required
' by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
thereto. 1 LS
TOTAL BID AREA 11
Price in words and figures.
1 BF -5
BID SCHEDULE (continued)
' AREA III — East Beaver Creek Blvd
Item Quantit Unit
' 1.0 General
' 1. l Mobilization, includes mobilization of all personnel,
equipment, supplies and other necessary facilities in
preparation for work on this project. 1 LS
2.0 Demolition
2.1 Rotomill 2" Existing Asphalt, including removal and
hauling 3859 SF
' 3.0 Roadway
3.1 Asphaltic Concrete Patch (SX), complete in place,
' including tack coat, compaction and temporary
pavement control 53 TONS
'3.2 Paint Striping, complete in place 1 LS
3.3 Preformed Plastic ( #5730) Stop Bars 1 EA
' 3.4 Crosswalk Striping 1 EA
4.0 Traffic Control
' 4.1 Construction Zone Traffic Control consists of furnishing
installing, moving, maintaining and removing all temporary
' traffic signs and devices, and other operations as required
by the Manual of Uniform Traffic Control Devices for
Streets and Highways and the Colorado Supplement
' thereto. 1 LS
TOTAL BID AREA III
' Price in words and figures.
1
1
TOTAL BASE BID (AREA I PLUS AREA II PLUS AREA III)
Price in words and figures.
BF -6
Unit Unit
Price Cost
' Certificate of Insurance
TF,1S CERTIFIC. -.TE 1S ISSUED AS A - MATTER OF I \FORMATION ONLY AND CONFERS NO RIGHTS liPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT
AN 1\SLRANCF POLICY AND DOES NOTA -MEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
it the ceniticate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
PECIAL NOTICE -0HIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN
PPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. TH IS MPORTANT NOTICE To FLORIDA POLICYHOLDERS ND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION SALES BOUT LOWER RIGHT EH HAND CORNER R FNTH S REASON PLEASE CERTIFICATE. THOE APPROPIATEOLOCAL SALES OFFICE MAILING ADDRESS MAY ALSOH ENOB OBTAINED BY CALLING THIS Liberty Mutual Group
NUMBER.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION E THE COMPANY WILL
1 OT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS
I^ 831
Town Of Avon A -7 Bal tlS
P.O. BOX 975 AUTHORIZED RE ESENTATIVE
Avon, Colorado 81620 Pittsburgh, PA (800) 222 -8890 06 -25 -2004
OFFICE PHONE NUMBER DATE ISSUED
is certificate i, executed b.- LIBERTY \IL`PL.aL C ROLP as re_.pects such insunuue as is aftorded Iv Those Companies BS 7721 (FL)
i nis is to certity tnat
OLDCASTLE SW GROUP INC.
'
dba B & B EXCAVATING
POLICY NUMBER
Name and Liberty
P.O. BOX 1729
'—
address of Mutual®
t
EDWARDS, CO 81632
7N: DEBI ESSLINGER
[A
WA2 -68D- 004095 -023"
Insured.
EMPLOYERS LIABILITY
Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions
and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
LAW OF THE FOLLOWING STATES:
Bodily Injury By Accident
ALL STATES EXCLUDING
it the ceniticate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
PECIAL NOTICE -0HIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN
PPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. TH IS MPORTANT NOTICE To FLORIDA POLICYHOLDERS ND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION SALES BOUT LOWER RIGHT EH HAND CORNER R FNTH S REASON PLEASE CERTIFICATE. THOE APPROPIATEOLOCAL SALES OFFICE MAILING ADDRESS MAY ALSOH ENOB OBTAINED BY CALLING THIS Liberty Mutual Group
NUMBER.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION E THE COMPANY WILL
1 OT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS
I^ 831
Town Of Avon A -7 Bal tlS
P.O. BOX 975 AUTHORIZED RE ESENTATIVE
Avon, Colorado 81620 Pittsburgh, PA (800) 222 -8890 06 -25 -2004
OFFICE PHONE NUMBER DATE ISSUED
is certificate i, executed b.- LIBERTY \IL`PL.aL C ROLP as re_.pects such insunuue as is aftorded Iv Those Companies BS 7721 (FL)
EXP. DATE
• ❑CONTINUOUS
TYPE OF POLICY
❑ EMENDED
POLICY NUMBER
LIMIT OF LIABILITY
® POLICY TERM
WORKERS
9/1/2004
WA2 -68D- 004095 -023"
COVERAGE AFFORDED UNDER WC
EMPLOYERS LIABILITY
COMPENSATION
LAW OF THE FOLLOWING STATES:
Bodily Injury By Accident
ALL STATES EXCLUDING
MONOPOLISTIC STATES
Each
$1,000,000 Accident
Bodily Injury By Disease
$1,000,000 Policy
WC2- 685 - 004095 -013
Limit
Bodily Injury By Disease �
AK, ID, OR, MT, WI
$1,000,000 Each
Person
GENERAL LIABILITY
9/1/2004
RG2- 685 - 004095 -113
General Aggregate - Other than Products /Completed Operations
$2,000,000
❑D OCCURRENCE
Products /Completed Operations Aggregate
$2,000,000
❑ CLAIMS MADE
Bodily Injury and Property Damage Liability
Per
$2,000,000 Occurrence
Personal Injury
RETRO DATE
Per Person/
Included in Occurrence Organization
Other
Other
AUTOMOBILE LIABILITY
9/1/2004
AS2- 685 - 004095 -123
$2000000 Each Accident - Single
(ACS)
,, Limit
B.I. and P.D. Combined
Each Person
FZ
OWNED
AS1- 685 - 009006 -413
Each Accident or Occurrence
NON -OWNED
(OH ONLY)
HIRED
Each Accident or Occurrence
OTHER
Project: Town Of Avon 2004 St Repair & Improvement
ADDITIONAL COMMENTS
'WA POLICY: POLICY INCLUDES DEDUCTIBLE ENDORESEMENT WITH $250,000 DEDUCTIBLE LIMIT PER OCCURENCE/CLAIM (DISEASE) WITH AN AGGREGATE
DEDUCTIBLE ALL BODILY INJURY OF WA WITH THE PROVISION THAT LIBERTY MUTUAL WILL/MAY ADVANCE PAYMENT OF THE DEDUCTIBLE AMOUNT.
Additional Insured: Town Of Avon
it the ceniticate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
PECIAL NOTICE -0HIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN
PPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. TH IS MPORTANT NOTICE To FLORIDA POLICYHOLDERS ND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION SALES BOUT LOWER RIGHT EH HAND CORNER R FNTH S REASON PLEASE CERTIFICATE. THOE APPROPIATEOLOCAL SALES OFFICE MAILING ADDRESS MAY ALSOH ENOB OBTAINED BY CALLING THIS Liberty Mutual Group
NUMBER.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION E THE COMPANY WILL
1 OT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS
I^ 831
Town Of Avon A -7 Bal tlS
P.O. BOX 975 AUTHORIZED RE ESENTATIVE
Avon, Colorado 81620 Pittsburgh, PA (800) 222 -8890 06 -25 -2004
OFFICE PHONE NUMBER DATE ISSUED
is certificate i, executed b.- LIBERTY \IL`PL.aL C ROLP as re_.pects such insunuue as is aftorded Iv Those Companies BS 7721 (FL)
1
n
1
CERTi.FICATE OF INSURANCE
76/25/04 TE (MM /DD/YY)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE
PRODUCER
617-330-1005
Acordia East
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE" HOLDER NAMED TO THE
Boston Region
POLICIES BELOW.
AVON, CO 81620
COMPANIES AFFORDING COVERAGE
125 Summer St -16th FL
COMPANY
A Zurich Insurance Company
Boston, MA 02110
INSURED
COMPANY
Oldcastle SW Group, Inc.
B
COMPANY
C
dba B & e Excavating
P.O. Box 1729
COMPANY D
Edwards, CO 81632
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
c0
LTR
TYPE
E OF INSURANCE
POLICY NUMBER
OLICY EFF.
DATE (MM /DD /YY)
POLICY EXP.
DATE (MM /DD /YY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
COMM. GENERAL LIABILITY
CLAIMS MADE =OCCUR
PROD - COMP /OP AGG.
PERS. & ADV. INJURY
OWNER'S & CONTRACT'S PROT
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
MED EXP(Any one person)
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE
LIMIT
ALL OWNED AUTOS
BODILY INJURY
(Per person)
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per accident)
NON -OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACC I DENT
AGGREGATE
Iq
A
EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
AUC847290406
9/01/03
9/01/04
EACH OCCURRENCE
10000000
AGGREGATE
10000000
ro & comp.
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
;
EACH ACCIDENT
THE PROPRIETOR/ FJINCL
PARTNERS /EXECUTIVE
OFFICERSARE: EXCL
DISEASE- POLICY LIMIT
DISEASE -EACH EMPI
OTHER
L
I
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /SPECIAL ITEMS
PROJECT: TOWN OF AVON 2004 ST REPAIR & IMPROVEMENTS
ADDITIONAL INSURED: TOWN OF AVON WITH RESPECTS TO THE ABOVE PROJECT.
CERTIFICATE Hni (MFR nnlrcrl nrinnl
co -j . 2_.22: - V:: - ''r.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE
TOWN OF AVON
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE" HOLDER NAMED TO THE
P.O. BOX 975
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
AVON, CO 81620
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRE NTATIVE
co -j . 2_.22: - V:: - ''r.