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Home My WebLink AboutC04-226 Oldcastle SW Group~o r-~-~~ , ~' LAKE CREEK PEDESTRIAN PATH Contract Documents Eagle County Engineering Department P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-3560 ff~G~f CC~I~NTY TABLE OF CONTENTS LAKE CREEK PEDESTRIAN PATH CONTRACT DOCUMENTS Notice of Award .......................................................................................................... l Page Invitation to Bid ..........................................................................................................1 Page Addendum No. 1 .........................................................................................................1 Page Instructions to Bidders .............................................................................................. 6 Pages Agreement ................................................................................................................. 6 Pages General Conditions ................................................................................................. 41 Pages General Construction Requirements & Specifications ............................................. 9 Pages Project Drawings ....................................................................................................... 5 Pages vv "~ d o i -~ u ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD (970) 328-8797 www.eaglecounty.us fr~GL~ COUNTY NOTICE OF AWARD July 6, 2004 Oldcastle S W Group, Inc. d.b.a. B & B Excavating P.O. Box 1729 Edwards, CO 81632 Re: Lake Creek Pedestrian Path HELEN MIGCHELBRINK, P.E. County Engineer Please be notified that on July 6, 2004, the Eagle County Board of County Commissioners awarded the above referenced project to Oldcastle SW Group, Inc., d.b.a. B & B Excavating, in the amount of $190,965.00. Enclosed please find four copies of the contract documents including the agreement. In accordance with Section 18 of the Instructions to Bidders, you are to execute all four copies of the Agreement, attach the Payment Bond, Performance Bond, and Proof of Insurance required by the documents, and return all four copies to Eagle County within fifteen (15) days. BOARD OF COUNTY COMMISSIONERS _..;~µ~a ;;~ ..~,, .,~ j:° - ( ~:y •~. i ~ `'~ / , Tom C. tone, Chairman ~ ~~~:,~ ~",~: ~~ i;s'sa.• , r R cc: Helen Migchelbrink, County Engineer Chrono/file Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 EAGLE COUNTY INVITATION TO BID LAKE CREEK PEDESTRIAN PATH Eagle County will receive sealed bids for construction of the Lake Creek Pedestrian Path until 2:00 p.m. on July 2, 2004 in the office of the Eagle County Engineering Department, 500 Broadway, Eagle, Colorado 81631 at which time bids will be opened and read aloud. Bidding documents may be obtained at the Eagle County Engineering Department, 328-3560. Each bid shall be accompanied by Bid Security in accordance with the Instructions to Bidders. There will be a mandatory pre-bid meeting on June 25, 2004, at 1:00 p.m. at the Eagle County Engineering Department to be followed by a site visit. www.eaglecounty.us LAKE CREEK PEDESTRIAN PATH ADDENDUM NUMBER 1 June 25, 2004 Addendum Number 1 is hereby issued and consists of the following: • Printing of the plans on full size sheets (24" x 36") for use in bid preparation. • Minor revisions and clarifications of notes and miscellaneous text on the plans. • Clarifications of details outlining the use of Aggregate Base Course for subgrade preparation under asphalt patch, curb and gutter, and sidewalk. The sidewalk along Miele Lane shall include a minimum of 4" Aggregate Base Course for subgrade prep under the areas of new sidewalk. • Revisions to the Handrail Detail, Sheet 2. The contractors shall supply shop drawings for this Handrail prior to construction for the approval of the Engineer. INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions 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. 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 or Invitation maybe obtained from Engineer. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; neither Owner nor Engineer assume 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 license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification 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; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the bidder may deem necessary to determine his bid for performance of the Instructions to Bidders Page 1 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE MATERIAL AND EQUIPMENT 9.1 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 "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, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement." The procedure for submittal of any such 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 which maybe supplemented in the General Requirements. 10. SUBCONTRACTORS, ETC. 10.1 If the Supplementary Conditions require the identity of certain subcontractors and other persons and 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 day 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 as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person, or organization, Owner 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, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any subcontractor, other person, or organization so listed, and to 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 In contracts where the contract price is on the basis of Cost of the Work Plus a Fee, 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 and, after the Notice of Award, may only subcontract other portions of the work with Owner's written consent. Instructions to Bidders Page 3 of his bid, that bidder may withdraw his bid, and the bid security will be returned. Thereafter, that bidder will be disqualified from further bidding on the work. 14. OPENING OF BIDS 14.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening of bids. 15. BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 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, and the right to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of 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, the bids comply with the prescribed requirements, and alternates and whether or not unit prices if requested in the bid forms. It is the 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 and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons or organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data, and quantities of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Instructions to Bidders Page 5 GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE TITLE PAGE 1. DEFINITIONS ....................................................................................................... ..1 2. PRELIMINARY MATTERS ................................................................................ ..3 3. CONTRACT DOCUMENTS ................................................................................ ..4 4. AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .......................................................................................... ..5 5. BONDS AND INSURANCE ................................................................................ ..6 6. CONTRACTOR'S RESPONSIBILITIES ............................................................. 10 7. WORK BY OTHERS ............................................................................................ 17 8. OWNER'S RESPONSIBILITIES ......................................................................... 18 9. ENGINEER'S STATUS DURING CONSTRUCTION ....................................... 18 10. CHANGES IN THE WORK ................................................................................. 20 11. CHANGE OF CONTRACT PRICE ...................................................................... 21 12. CHANGE OF CONTRACT TIME ....................................................................... 25 13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...................................................................................... 26 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................... 29 15. SUSPENSION OF WORK AND TERMINATION ............................................. 34 16. MISCELLANEOUS .............................................................................................. 36 INDEX ................................................................................................................... 38 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Wherever 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 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, or an adjustment in the contract price or the contract time issued after the effective date of the agreement. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies 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 16.2), or the date stated in the agreement for the completion of the work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the agreement. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word "work," refers to work that is unsatisfactory, faulty or deficient, 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 or prior to the guarantee period under paragraph 13.12. General Conditions Page 1 submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. SPECIFICATIONS: Those portions of the contract documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the work, and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: The work (or a specified part thereof) has progressed to the point where, in the opinion of 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 and incorporating materials and equipment into all construction, all as required by the contract documents. 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 CONTRACOR 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 reasonable 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 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 sixtieth day after the day of bid opening, or the thirtieth 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 PROJECT: General Conditions Page 3 CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents et forth in Article 7 of the Agreement. 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 reasonable be inferred from the specifications or 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. References to 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 will be governed by the law of the place of the project. REUSE OF DOCUMENTS: 3.5 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 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. ARTICLE 4 -AVAILABILITY OF LANDS• PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 OWNER shall furnish, as indicated in the contract documents, the lands upon which the work is to be performed, rights-of--way for access thereto, and such other lands which are 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 in the contract documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the General Conditions Page 5 effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) 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. 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 (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the contract, whether such operations 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 maybe liable. All such insurance shall remain in effect until final payment, and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment, and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. General Conditions Page 7 an umbrella covering of $2,000,000, subject to the approval of the OWNER, will be permissible. 5.5 Subcontractor's Insurance: Before permitting any of his subcontractors to perform any work under this contract, CONTRACTOR shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as maybe applicable to his work, which type and amounts shall be subject to the approval of the OWNER, or (b) insure the activities of his subcontractors in his own policy. 5.6 Builder's Risk Insurance: Insofar as the work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the work under this contract which is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the OWNER to do work on the projects. Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all subcontractors, and any and all others obliged by contract with the OWNER to do work on this project and at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original work. 5.7 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 provisions naming the OWNER as an additional insured under CONTRACTOR'S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the OWNER. CONTRACTOR and his subcontractors shall not permit any of his subcontractors to start work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER'S rights hereunder. General Conditions Page 9 6.4 Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the state of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 6.5 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 operation, and completion of work. 6.6 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 test) as to the kind and quality of materials and equipment. 6.7 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. EQUIVALENT MATERIALS AND EQUIPMENT: 6.8 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 all 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 6.8.1 and 6.8.2 below as supplemented in the general requirements. 6.8.1 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 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 and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the work I subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified General Conditions Page 11 subcontractor, or other person or organization, except as may otherwise by 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. 6.11 The divisions and sections of the specifications and 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. 6.12 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 the OWNER and ENGINEER. CONTRACTOR shall pay each subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. PATENT FEES AND ROYALTIES: 6.13 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 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 attorney's fees) arising out of any infringement of patent rights or copyrights incident to the sue 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: 6.14 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. 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. LAWS AND REGULATIONS: General Conditions Page 13 necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.21.1 all employees on the work and other persons who maybe affected thereby, 6.21.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.21.3 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, 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 6.21.2 or 6.21.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them, 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 drawings or specifications, or to the acts or omissions of OWNER or ENGINEER, or anyone employed by either of them, or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of 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. 6.22 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES 6.23 In emergencies affecting the safety or protection of persons, or the work, or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER to 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: 6.24 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, five copies (unless otherwise specified in the general requirements) General Conditions Page 15 6.30 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: 6.31 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 any 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 part, by any negligent act or omission of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them maybe liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under C.R.S. 24-10- 105. 6.32 In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any 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 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 6.33 The obligations of CONTRACTOR under paragraph 6.31 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. ARTICLE 7 - WORK BY OTHERS 7.1 OWNER may perform additional work related to the project by 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 General Conditions Page 17 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. 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 therefore, as provided in Article 11 or Article 12. 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 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 6.24 through 6.29 inclusive. 9.6 In connection with ENGINEER'S responsibilities as to change orders, see Articles 10, 11, and 12. 9.7 In connection with ENGINEER'S responsibilities in respect to applications for payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize Resident Project Representative to assist ENGINEER in observing the performance of the work. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants will be as provided in the supplementary conditions. If OWNER designates another agent to represent him at the site who is not ENGINEER'S agent, the duties, responsibilities, and limitations of authority of such other person will be as provided in the supplementary conditions. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER will be the 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 General Conditions Page 19 CONTRACTOR believes that a field order justifies an increase in the contract price or contract time, CONTRACTOR may make a claim therefore 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 6.23, 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 11.10 or 11.11. 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. 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 contract 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 ten days of the occurrence of the event giving rise to the claim. Any change in the contract price resulting from any such claim shall be incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable work to be performed maybe issued or be effective unless accompanied by a written assurance to the CONTRACTOR that Lawful appropriations to cover the costs of the additional work have been made. 11.4 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: 11.4.1 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 11.10). 11.4.2 By mutual acceptance of a lump sum. General Conditions Page 21 11.5.4.1 The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the work. 11.5.4.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machines, 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 CONTRACTOR. 11.5.4.3 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 advice 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. 11.5.4.4 Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.5.4.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments, and fees for permits and licenses. 11.5.4.6 Losses and damages (and related expenses), not compensated by insurance or otherwise, to the work 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 11.7.2. 11.5.4.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.5.4.8 Minor expenses such as telegrams, long distance calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the work. General Conditions Page 23 11.7.2.2 for costs incurred under paragraph 11.5.3, the Contractor's Fee shall be five 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 percent, and 11.7.2.3 no fee shall be payable on the basis of costs itemized under paragraphs 11.5.4 and 11.6. 11.8 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 adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any. ADJUSTMENT OF UNIT PRICES: 11.9 Whenever the cost of any work is to be determined pursuant to paragraphs 11.5 and 11.6, CONTRACTOR will submit, in form acceptable to ENGINEER, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of work with respect to any item 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. CASH ALLOWANCES: 11.11 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 adjust 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. 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 ten days of the occurrence of the event giving rise to the claim. Any change in the contract time resulting from any such claim shall be incorporated in a change order. General Conditions Page 25 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 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, furnish all necessary labor, material, and equipment. If it is found that such work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, 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. OWNER MAY STOP THE WORK: 13.10 If the work is defective, or CONTRACTOR fails to supply sufficient skilled workmen 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 nondefective work in a manner acceptable to the ENGINEER. TWO YEAR CORRECTION PERIOD: 13.12 If, within two years after the date of substantial completion, or such longer period of time as maybe prescribed by law, or by the terms of any applicable special guarantee required General Conditions Page 27 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements) submit to ENGINEER a progress schedule, a final schedule of shop drawing submissions, 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. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten 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 of 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 application for payment, whether incorporated in the project or not, will pass to OWNER at the time of 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 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 twenty days of General Conditions Page 29 14.7.6 CONTRACTOR'S failure to make payment to subcontractors, or for labor, materials, 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 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 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 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 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. PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the work may be accomplished prior to substantial completion of all the work subject to the following: 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the work which OWNER believes to be substantially complete General Conditions Page 31 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 14.14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and 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 the releases and receipts include all labor, services, material, and equipment for which 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. FINAL PAYMENT AND ACCEPTANCE: 14.13 If, on the basis of ENGINEER'S observation 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 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 days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to OWNER 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 days after receipt thereof, pay CONTRACTOR the amount recommended by ENGINEER. CONTRACTOR'S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the work in accordance with the contract documents shall 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 work or any part thereof by OWNER, nor any act of acceptance by General Conditions Page 33 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 provisions of the contract documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the work and of all 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 elsewhere, and finish the work as OWNER may deem 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 rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven 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 expenses sustained through the date of termination. 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 days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally General Conditions Page 35 INDEX TO GENERAL CONDITIONS ARTICLE OR PARAGRAPH Access to the work ......................................................................................................................13.2 ~ p ) ..................................................................................... Addenda, definition of see S ecifications 1 Agreement, definition of ..................................................................................................................1 Application for Payment, definition of ............................................................................................1 Application for Payment, Final .................................................................................................14.12 Application for Progress Payment ...................................................................................... ......14.2 Application for Progress Payment, review of .................................................................... 14.4-14.7 Availability of Lands ....................................................................................................................4.1 Award, Notice of, defined ................................................................................................................1 Before Starting Construction ................................................................................................. 2.5-2.7 Bid, definition of ..............................................................................................................................1 Bonds and Insurance, in General .....................................................................................................5 Bonds, definition of .........................................................................................................................1 Bonds, delivery of .............................................................................................................. 2.1 & 5.1 Bonds, Performance and Other .......................................................................................... 5.1 & 5.2 Cash Allowances .......................................................................................................................11.11 Change Order, definition of .............................................................................................................1 Changes in the Work ....................................................................................................... ...............10 Claims, Waiver of - on Final Payment ........................................................................... ..........14.15 Clarifications and Interpretations .................................................................................... ..............9.3 Cleaning .......................................................................................................................... ............6.18 Completion ...................................................................................................................... ...............14 Completion, Substantial ................................................................................................. 14.8 & 14.9 Conference, Pre-Construction ......................................................................................... ..............2.8 Construction Machinery, Equipment, Etc .....................................................................................6.5 Continuing Work ........................................................................................................................6.30 Contract Documents, definition o£ ..................................................................................................1 Contract Documents, Intent and Reuse ............................................................................................3 Contract Documents, Reuse of .....................................................................................................3.5 Contract Price, Change of ..............................................................................................................1 l Contract Price, definition of .............................................................................................................1 Contract Time, Change of ..............................................................................................................12 Contract Time, Commencement of ...............................................................................................2.3 Contract Time, definition of ............................................................................................................1 Contractor, definition o£ ..................................................................................................................1 Contractor May Stop Work or Terminate ....................................................................... ............15.5 Contractor's Continuing Obligation .........................................................................................14.14 Contractor's Duty to Report Discrepancy in Documents .................................................. 2.5 & 3.2 Contractor's Fee, Costs Plus .......................................................................................................11.7 General Conditions Page 37 Indemnification .................................................................................................................. 6.31-6.33 Inspection, Final ........................................................................................................................14.11 Inspection, Tests and .......................................................................................................... 13.3-13.7 Insurance, Bonds and, in General ....................................................................................................5 Insurance, Builders Risk ...............................................................................................................5.6 Insurance, Certificates of ................................................................................................... 2.7 & 5.7 Insurance, Contractor's Liability ..................................................................................................5.3 Insurance, Owner's Liability ........................................................................................................5.8 Intent of Contract Documents .................................................................................... 3.1-3.4 & 9.11 Interpretations and Clarifications ..................................................................................................9.3 Investigations of Physical Conditions ...........................................................................................4.2 Labor, Materials and Equipment ............................................................................................ 6.3-6.7 Laws and Regulations .................................................................................................................6.15 Liability Insurance, Contractor's ..................................................................................................5.3 Liability Insurance, Owner's ........................................................................................................5.8 Limitations on Engineer's Responsibilities ................................................................................9.10 ......6. Materials and Equipment, Furnished by Contractor ............................................................... Materials or Equipment, Equivalent .............................................................................................6.8 Miscellaneous Provisions ...............................................................................................................16 Modifications, definition of .............................................................................................................1 Notice, Giving of ........................................................................................................................16.1 Notice of Award, definition of .........................................................................................................1 Notice of Acceptability of Project ............................................................................................14.13 Notice to Proceed, definition of .......................................................................................................1 Notice to Proceed, Giving of ........................................................................................................2.3 "Or-Equal" Items ..........................................................................................................................6.8 Other Contractors .............................................................................................................................7 Overtime Work, Prohibition of .....................................................................................................6.3 Owner, definition of .........................................................................................................................1 Owner May Correct Defective Work ........................................................................................13.14 Owner May Stop Work .............................................................................................................13.10 Owner May Suspend Work, Terminate ............................................................................. 15.1-15.4 Owner's Duty to Execute Change Orders .................................................................................11.10 Owner's Liability Insurance .........................................................................................................5.8 Owner's Representative, Engineer to Serve as .............................................................................9.1 Owner's Responsibilities, in General ..............................................................................................8 Owner's Separate Representatives at Site .....................................................................................9.8 Partial Utilization ......................................................................................................................14.10 Partial Utilization, Property Insurance ...................................................................................14.10.3 Patent Fees and Royalties ...........................................................................................................6.13 General Conditions Page 39 Substantial Completion, Certification of ....................................................................................14.8 Substantial Completion, definition of ..............................................................................................1 Subsurface Conditions ....................................................................................................... 4.2 & 4.3 Supplemental Costs ..................................................................................................................11.5.4 Surety, Consent to Payment ....................................................................................... 14.12 & 14.14 Surety, Notice of Changes ..........................................................................................................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 ....................................................................................................6.16 Termination, by Contractor .........................................................................................................15.5 Termination, by Owner ...................................................................................................... 15.1-15.4 Termination, Suspension of Work and, in General ........................................................................15 Tests and Inspections ......................................................................................................... 13.3-13.7 Time, Change of Contract ..............................................................................................................12 Time, Computation of .................................................................................................................16.2 Time, Contract, definition of ...........................................................................................................1 Uncovering Work ........................................................................................................... 13.8 & 13.9 Unit Prices ................................................................................................................................11.4.1 Unit Prices, Adjustment of ........................................................................................................11.10 Use of Premises .................................................................................................................. 6.17-6.19 Values, Schedule of ....................................................................................................................14.1 Visits to Site, by Engineer ............................................................................................................9.2 Warranty and Guarantee, by Contractor .....................................................................................13.1 Warranty of Title, Contractor's ...................................................................................................14.3 Work, Access to ..........................................................................................................................13.2 Work by Others, in General .............................................................................................................7 Work, Cost of ................................................................................................................. 11.5 & 11.6 Work Continuing During Disputes .............................................................................................6.30 Work, definition of ...........................................................................................................................1 Work, Neglected by Contractor ..................................................................................................13.4 Work, Stopping by Contractor ....................................................................................................15.5 Work, Stopping by Owner ................................................................................................. 15.1-15.4 General Conditions Page 41 AGREEMENT THIS AGREEMENT is dated as of the ~ day of , in the year 2004, by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Old Castle SW Group, Inc., d.b.a. B&B Excavating, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of approximately 1,000 feet of a pedestrian path, curb, and gutter along Lake Creek Road, and approximately 400 feet of attached concrete sidewalk along Meile Lane ARTICLE 2 -ENGINEER The project has been designed by the Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, and will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents. ARTICLE 3 -CONTRACT TIME 3.1 The work will be substantially completed on or before August 1, 2004, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before August 15, 2004 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Agreement Page 1 They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Four hundred forty dollars ($440.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Item No. Description Qty Unit Unit Price Amount 1 Mobilization 1 LS $10,000.00 $10,000.00 2 6' Concrete Sidewalk 610 SY $39.50 $24,095.00 3 4' Concrete Sidewalk 130 SY $56.50 $7,345.00 4 T e IIB Curb and Gutter 930 LF $20.00 $18,600.00 5 4" As halt (HBP) 492 SY $28.50 $14,022.00 6 Existin Si Removal 11 EA $150.00 $1,650.00 7 Retainin Wall (Lake Creek) 270 FSF $26.00 $7,020.00 8 Sawcut & Remove As halt 575 SY $15.00 $8,625.00 9 Hand Rail alon Lake Creek 310 LF $89.60 $27,776.00 10 Relocate Irri ation & S rinkler Heads 1 LS $5,000.00 $5,000.00 11 Reconstruct Site Entrance Miele Lane) 1 LS $7,930.00 $7,930.00 12 Drivewa Curb Cut and Ram (Lake Creek) 1 LS $4,500.00 $4,500.00 13 West Handica Ram (Lake Creek) 1 LS $2,500.00 $2,500.00 14 East Handicap Ramp and Curb Return (Lake Creek) 1 LS $4,415.00 $4,415.00 15 Lake Creek and Highway 6 Sidewalk Connection 1 LS $1,567.00 $1,567.00 16 Clearin and Grubbin 1 LS $23,235.00 $23,235.00 17 Erosion Control 1 LS $3,500.00 $3,500.00 18 Reseedin and Reve etation 1 LS $3,825.00 $3,825.00 19 Traffic Control 1 LS $12,800.00 $12,800.00 20 Construction Staking 1 LS $2,560.00 $2,560.00 TOTAL LUMP SUM $190,965.00 Agreement Page 2 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 monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payments as recommended by ENGINEER, 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 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 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 affect cost, progress, or performance of the work. Agreement Page 3 6.2 CONTRACTOR has studied carefully all 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 were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and 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 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 written notice of all 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, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 6, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 6, inclusive). 7.4 Performance and other Bonds, identified as exhibits ,and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 41, inclusive). 7.7 General Construction Requirements & Specification (Pages 1 to 9, inclusive) 7.8 Project Drawings, consisting of 5 sheets. 7.9 Addenda numbers 1 to 1 ,inclusive. Agreement Page 4 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to ,inclusive). 7.11 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 a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 -MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 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, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe 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, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 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 their behalf. This Agreement will be effective n , 2004. Agreement Page 5 OWNER: ~%,,~4~.~~ By and Through Its ATTEST: ~ ~,.:;- ~ ~. ~~^.-~COMMISSIONER~ COUNTY OF EAGLE, STATE OF COLORADO, BOARD OF COUNTY ~~-- . ~. C 1~' ` ~~~"( y'-~-~ ~_ '%~"a~+° By: 1. Clerk to the Bo d of `~`~ ~ Tom .Stone, Chairman County Commissioners Oldcastle SW Group, InC. CONTRACTOR: d.b.a. B & B Excavating ~'" ~~.~`` :INC. '~•,, By: ~. ~F ~ . ~Bq ',, Name: ~~ Eq r c~; 0 OR'~lF.~~% Title: - • ~ .d = 'Q'=_ -~ ~ ,ra ~ L '~ ~ ~ m = STATE OF COLORADO ) ~': ''` County of ) ,~~~O~~~~n~~u-~`,~ ~~`~ The foregoing was acknowledged before me this ~rday of ~JVL7 , 2004 by _ A~6rn~ P .~. as a ~ , l~. of ,3.F,(~ WITNESS my hand and official seal. My commission expires .~2~ r~") Notary O 34~..•'Po ....~~~ CO 1~-Ocia~iNten Agreement Page 6 • , Certificate of Insurance THIS CERTIFIC \TE IS ISSUED AS .~ 41ATTER O tR!~tATION O'~LY AtiD CO:~FFRS NO RIGHTS UPON YOL' ~ _ TIFICATE HOLDER. TH15 CERTIFICATE IS NOT AN INSLR.INCE POLICI' AhD DOES NOT,~94END, EXTEND, OR ALTER THE COVERAGE AFFORDED Bl' THE POLICIES LISTED BELOW This is to Certify that OLDCASTLE SW GROUP INC. dba B & B EXCAVATING Name and I.lbel'ty P.O. BOX 1729 '- address of Mutual® EDWARDS, CO 81632 Insured. LATTN: DEBI ESSLINGER 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, exGusans and conditions and is not altered by any requirement, tens or condition of any contract or other document with respect to which this ceRi to may be issued. EXP. DATE • ^ CONTINUOUS TYPE OF POLICY ^ EXTENDED POLICY NUMBER LIMIT OF LIABILITY , POLICY TERM WORKERS 9/1/2004 WA2-68D-004095-023` COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES MPLOYERS LIABILITY COMPENSATION : ALL STATES F,CCLUDING Bodily Injury By Accident MONOPOLISTIC STATES Each $1,000,000 Accident Bodily Injury By Disease 000 Policy $1 000 W C2-685-004095-013 , , Limit AK, ID, OR, MT, W I Bodily Injury By Disease $1,000,000 Each Pr GENERAL LIABILITY 9/1/2004 RG2-685-004095-113 General Aggregate -Other than ProductslCompleted Operations $2,000,000 ' ® 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 Each Accident -Single 000 000 $2 (ADS) , . Limit ® B.I. and P.D. Combined E h P OWNED AS1-685-009006-413 ac erson ® NON-OWNED (OH ONLY) Each Accident or Occurrence; ® HIRED Each Accident or Occurrence,; OTHER Pro-iect: Lake Creek Pedestrian Path ADDITIONAL COMMENTS 'WA POLICY: POLICY INCLUDES DEDUCTIBLE ENDORESEMENT WITH $25,000 DEDUCTIBLE LIMIT PER OCCURENCElCLAIM (DISEASE) WITH AN AGGREGATE DEDUCTIBLE ALL BODILY INJURY OF N/A WITH THE PROVISION THAT LIBERTY MUTUAL WILUMAY ADVANCE PAYMENT OF THE DEDUCTIBLE AMOUNT Additional Insured: Eagle County ' If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certifipte expiration date. SPECIAL NOTICE-0HIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Libe Mutual Grou LOWER RIGHT HAND CORNER OF THIS CERTIFCATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS ~Y P N MBER TICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION E THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3d DAYS ` 831 agle County A-' . Bal tis C~I1FK'ATE P. O. Box 8 5 0 fa>~ Eagle, Colorado 81631 AUTHORIZEOR ESENTATIVE Pittsburgh, PA OFFICE (800) 222-8890 0 7- 0 9- 2 0 0 4 PHONE NUMBER PATE ISSUED I-hu cerhhcate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies RS 7771 !Ft t 1~, sul~l_TY ® XL Specialty Insurance Company ^ XL Reinsurance America Inc. ^ Greenwich Insurance Company XL Surety 25 Independence Blvd. Suite 103 Warren, New Jersey 07059 KNOW ALL MEN BY THESE PRESENTS: That we OLDCASTLE SW GROUP, INC. DBA B&B EXCAVATING (hereinafter called the Principal), and XL Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of Delaware (hereinafter called the Surety), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY (hereinafter called the Obligee) in the penal sum of ONE HUNDRED NINETY THOUSAND NINE HUNDRED SIXTY-FIVE AND NO/100 Dollars ($ 190,965.00), lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has by written agreement dated entered into a contract with Obligee for LAKE CREEK PEDESTRIAN PATH in accordance with drawings and specifications prepared by ,which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly and faithfully pertorm said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be and declared by Obligee to be in default under the Contract, the Obligee having performed Obligee's obligations thereunder, and having terminated the Principal's rights to complete the Contract, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a contract between such bidder and Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract and any amendments or changes thereto, less the amount properly paid by Obligee to Principal, or (3) Waive its right to complete the Contract or arrange for completion of the Contract and allow the Obligee to complete or arrange for completion of the Contract in accordance with its terms and conditions. In the event the Surety elects to allow the Obligee to complete or arrange for completion of the Contract, Surety shall make available sufficient funds to pay the cost of completion less the balance of the contract price as defined in (2) above, but not exceeding; including other costs and damages for which the Surety may be liable, the penal sum of the bond set forth above or shall deny liability in whole or in part and notify the Obligee of the reasons therefore. Any suit under this bond must be instituted before the expiration of two (2) years from the date of completion and acceptance of the Contract irrespective of the date of discovery of defects or deficiencies in the Principal's or completion contractor's performance of the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. PERFORMANCE BOND Bond Number: S60091134 SB-0108 (rev. 11/03) Signed, sealed and delivered this 8TH day of July, 20 04. OLDCASTLE SW GROUP, INC. ~r~`""'~~"'~~~~ DBA B8~B EXCAVATING ~.~ ANC . DB '~., `~~~~ @ ;_•• "' A•B'''~ (Principal) ~' (Seal) ` •~; ,F N; L+ ~ ; ~ Witness) By • -7 • a . ~~''.,~••• •.~DLO~~~o~~1'~`~` XL Specialty Insurance Company J' (Witness) AVIS ,Attorney-in-Fact (Surety) (Seal) (Witness) By ,Attorney-in-Fact 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 ($0.00) SB-0108 (rev. 11/O1) 2 Y INS`(JR~I~~ A SURETY LABOR & MATERIAL PAYMENT BOND Bond Number: S60091134 ® XL Specialty Insurance Company ^ XL Reinsurance America Inc. ^ Greenwich Insurance Company XL Surety 25 Independence Blvd. Suite 703' Warren, New Jersey 07059 KNOW ALL MEN BY THESE PRESENTS: That we OLDCASTLE SW GROUP, INC. DBA B&B EXCAVATING (hereinafter called the Principal), and XL Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of Delaware , (hereinafter called the Surety), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY (hereinafter called the Obligee) in the penal sum of ONE HUNDRED NINETY THOUSAND NINE HUNDRED SIXTY-FIVE AND NO/100 Dollars ($ 190,965.00), lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has by written agreement dated entered into a contract with Obligee for LAKE CREEK PEDESTRIAN PATH in accordance with drawings and specifications prepared by ,which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions. (1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit (3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Obligee, or the Surety above named, within ninety (90) days after such claimant did or pertormed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which claimant performed the fast of the work of labor, or furnished the last of the materials for which said claim is made, it being SB-0109 (rev. 11/03) understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed, sealed and delivered this 8TH day of July, 20 04. ~~p~~w a ~riiii ~~•`` ~ D BA 8'%,,~ •. i "` ~ ' ~,c ~~' °~'_ l ;<~ ~~n ~, _~a;mess) .~ ' (Witness) OLDCASTLE SW GROUP, INC. DBA B&B EXCAVATING (Primpal) (Seal) By XL Specialty insuranle Company (Surety) (Seal) By AVIS ,Attorney-in-Fact (Surety) (Seal) (Witness) By ,Attorney-in-Fact 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°!0 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) SB-0109 (rev. 11 /01) 2 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) ~~~~ .~~ THIS IS NOT A BOND NUMBER _~1~IL~ITE~PQWER ~ ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the taws of the State of Delaware ("Company" or °Corporation"), with offices at 25 Independence Bivd., 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 elk bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which !s in any event to exceed $UNLIMffED.00. 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 extant as if such bonds and undertakings were signed by the President and Secretary of the Company and seated with it's corporate seat. This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 51h day of December, 3988: "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 Attomey 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 Attomey, and to attach thereto the Seal of the Company. FURTHER RESOLVED, Thatihe signature of such officers and the Seai of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsrmile, and any such Power of Attomey or certificate beanng such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretuship towhich it is attached.° Bonds executed ender this Power of Attomey 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 ah bonds, undertakings, recognizances, or other wntten obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attomey, any revocation of any Power of Attomey, bonds, undertakings, recognizances, certificate or other written obligation, 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 affixed, and these presents to be signed by its duly authorized officers this May 97th, 2004. ,~i~C'---SU.~!v~, ~PaR ,; XL SP~CfAL7Y INSURAhtCE CQMPANY ~ ~Q y fi w; ---- ~ ~ SEAL.~~ .Y 'f' • /J ~Jfy Bs..rt~ 'c.c ~ ~ ~4,4vuPS~' . ~ s jr BY PRESIDENT STATE OF DELAWARE COUNTY OF NE4V CASTLE Attest. `/~ SECRETARY On this 17th day of May, 2004, before me personally came Nicholas M. Brown Jr to me known, who, being duty sworn, did depose and 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 aforesaid instrument is such corporate seal artd was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order: ttur .~~ •. ~~Ircf°~~ ~~~~t~`''` STATE Of NEW JERSEY COUNTY OF BERGEN NOTARY PUBLIC 1, Ben M. L{aneta, 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 Attorney 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 Attomey is still in full force and effect and has not been revoked. 1N WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said Company, at the City of Wilmington, this $ day of JULY 20j~/ . mmp ~{ ~r?su!?ay~ m ~; QQ.poRy~:..o ~., SEAL,: Yz ~ °,;'~. ~~ ~8'$ ~ 1~Y 3! f SECRETARY This Power of Attorney may not be used to GENERAL CONSTRUCTION REQUIREMENTS & SPECIFICATIONS GENERAL CONSTRUCTION REOUIREMENTS 1. Contractor shall attend aPre-construction Conference as required by the General Conditions. Representatives of the Owner and Engineer will also be in attendance. Contractor shall not begin construction activities prior to the Pre-construction Conference. 2. Construction safety is the sole responsibility of Contractor. Neither Engineer nor Owner will be responsible for monitoring or assuring Contractor's compliance with any applicable safety laws, programs, regulations, or policies. 3. Contractor shall obtain at his expense all permits and inspections required by any agency with jurisdiction over any portion of the work, which are necessary to perform the work. 4. Contractor shall construct and maintain construction entrances to the work in locations acceptable to Owner and Engineer. Construction entrances shall function to minimize off-site soil tracking. All soil tracked off-site shall be immediately cleaned up to the satisfaction of the Owner. 5. Contractor shall maintain existing drainage channels, culverts, and appurtenances during construction as necessary to protect roads and property. 6. Contractor shall limit all construction activities, including equipment and material storage, to within the Construction limits shown on the Drawings. Additional areas required by Contractor for storage, staging, or any other function shall be obtained by Contractor with no additional cost to Owner. 7. Contractor shall not scale Drawings for construction purposes. Missing dimensions or discrepancies in the Drawings detected by Contractor shall be brought to the attention of Engineer immediately. Assumptions made by Contractor with regard to missing dimensions or discrepancies in the Drawings are at Contractor's own risk. 8. Conflicts with existing underground utilities may exist. Prior to commencement of construction in any area, Contractor shall make arrangements for accurate location, including bury depth, of all existing utilities within the Construction Limits at his own expense. Where conflicts exist between necessary construction activities and existing utilities in the opinion of Contractor, Engineer, and the respective utility owner, affected utilities will be relocated by the utility owner. 9. Contractor is responsible for protection of all existing utilities. Any existing utility damaged as a result of Contractor's activities shall be repaired by Contractor with no additional cost to Owner. General Construction Requirements & Specifications Page 1 10. Where existing surface features related to existing underground utilities are to be adjusted to final grades, including valve boxes, manhole frames, lids and grates, sanitary sewer cleanouts, and storm drain inlets, Contractor shall make such adjustments to the satisfaction of the respective utility owner and at Contractor's expense. 11. Owner and Engineer assume no responsibility for utility locations. Locations shown may not be adequate for the purposes of construction. Contractor is responsible for verification and accurate location of all existing utilities. 12. Contractor will provide construction staking as follows: a. Location and grade stakes for storm drainage improvements b. Location and grade stakes for sidewalk and curb and gutter alignment at 75 foot intervals and including retaining walls. Sidewalk alignment staking will include reference stakes outside of the construction limits to the extent practical. c. Contractor must reestablish, at his own cost, staking lost within the construction limits due to his construction activities. 13. All excavations for utility lines, culverts, trenches, or tunnels shall meet the requirements of the Occupational Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines, or Colorado Department of Transportation (CDOT), whichever applies. 14. If any groundwater is encountered, Contractor shall immediately inform Owner. 15. Contractor shall take all appropriate precautions to significantly reduce any potential pollution caused by his activities, including vehicle fueling, storage of fertilizers or chemicals, etc. Contractor shall have defined procedures for handling potential pollutants and have identified spill prevention and response procedures prior to any activities on the project site. 16. Contractor shall maintain dust control throughout the construction period by application of water and/or an acceptable dust palliative. 17. Contractor shall have one (1) signed copy of the final construction plans and one (1) copy of the appropriate specifications on the job site at all times. The contractor shall have one complete set of the contract documents on the job site at all times. 18. Contractor shall coordinate all work in such a manner that traffic disruptions on all affected roads are minimized and adequate safety precautions have been taken to ensure public safety. General Construction Requirements & Specifications Page 2 SPECIFICATIONS 1. Reference Standards: All construction and materials shall conform to applicable State standards and specifications. Work within Colorado Department of Transportation (CDOT) right-of--way will be subject to construction observation by CDOT representatives. Contractor shall follow the applicable construction specifications set forth by CDOT in the latest manual of Standard Specifications for Road and Bridge Construction. 2. Traffic Control: Contractor shall identify traffic patterns related to construction and shall provide and maintain all lights, signs, barricades, flag men and other devices necessary to provide for public safety. Contractor shall submit a Traffic Control Plan to be approved by Engineer prior to commencement of construction. 3. Excavation and Embankment: All materials excavated as indicated on the typical section and as required to perform the Work will be considered Unclassified Excavation as defined in CDOT'S Standard Specifications for Road and Bridge Construction, Section 203.01. Excess and unsuitable excavated material, including rock and boulders, that cannot be used in embankments may be placed on designated side slopes as approved by Engineer or hauled from the site at the Contractor's expense. Embankment material as indicated on the typical sections and as required to perform the Work shall consist of approved material acquired from excavations, hauled and placed in embankments, conforming with the requirements of CDOT Standard Specifications for Road and Bridge Construction, Section 203.03. Rock fill, as defined therein, will not be allowed in embankments. Compaction of embankments shall be in conformance with CDOT Standard Specifications for Road and Bridge Construction, Section 203.07. All back filling to be mechanically compacted in lifts ranging in thickness from four (4) to twelve (12) inches, said lifts being commensurate with the size and type of compaction equipment and back fill material being used. For example, when a jumping jack is being used for compaction of C.D.O.H. C1 6 aggregate base course, the lift should not exceed 4 inches. Suitable material for use in back filling within the sidewalk prism of unimproved roadways, or new development roadways under construction at the sub-grade stage, is that excavated material which is free of organic material, frozen lumps or rocks in excess of eight (8) inches in diameter, provided however, that rock in excess of three (3) inches in diameter shall not be used within the last twelve (12) inches of backfill. Native materials maybe used for back filling outside the sidewalk prism. Variations to actual site conditions including depth and quantity of subsurface groundwater, unsuitable soil, etc. may require field revisions. 4. Culverts: Standard drainage culverts will be 18" diameter CMP except as otherwise specified on the plans by the Engineer. General Construction Requirements & Specifications Page 3 Culverts shall be Corrugated Steel Pipe conforming to CDOT Standard Specifications for Road and Bridge Construction, Section 707.02. Culverts shall be bedded in and back filled with Class 2 Structure Back-fill conforming to CDOT Standard Specifications for Road and Bridge Construction, Section 703.08(b) and installed in accordance with the construction requirements of CDOT Standard Specifications for Road and Bridge Construction, Section 603. Where the Drawings show required modifications to existing culverts, including culvert extensions or construction of manholes at an end of an existing culvert, such existing culverts shall be cleaned out of all sediment and debris by Contractor for the full length of the culvert. Aggregate Base Course (ABC): Aggregate Base Course shall be Class 6 as defined in CDOT Standard Specifications for Road and Bridge Construction, Section 703.03 and shall conform to all other requirements of the section. Aggregate Base Course shall be installed to the lines and grades shown in the drawing details and conform to the construction requirements of CDOT Standard Specifications for Road and Bridge Construction, Section 304. 6. Concrete Sidewalk: Concrete sidewalks shall be a minimum of 4" thick. All sidewalks shall be constructed in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 608, and shall conform to all other requirements of the section. Tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. The Contractor shall include in the bid cost of sidewalk any and all fill material necessary as Aggregate Base Course (ABC, Item 5); or any export of excess material from the site. In addition, the contractor shall include in the bid cost of the sidewalk all grading (cut and fill) adjacent to and behind the sidewalk. 7. Concrete Curb and Gutter: Concrete curb and gutter shall be a minimum of 4" thick. All curb and gutter shall be constructed in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 609. Tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. For this project, the use of a curb machine is approved by the Engineer. The Contractor shall include in the bid cost of concrete curb and gutter any and all fill material necessary as Aggregate Base Course (ABC, Item 5); or any export of excess material from the site. 8. Asphalt Concrete Paving: Asphalt Concrete Paving shall be an approved design consisting of Aggregate Grading CX as defined in CDOT Standard Specifications for Road and Bridge Construction, Section 703.04 and Asphalt Grade AC-10 conforming to the requirements of AASHTO M226 Table 2. Contractor shall submit a proposed job General Construction Requirements & Specifications Page 4 mix gradation which satisfies the Materials requirements of CDOT Standard Specifications for Road and Bridge Construction, Section 401. An emulsified asphalt tack coat shall be applied between lifts of asphalt concrete conforming to AASHTO M140 or AASHTO M208. In areas of asphalt patching, the Contractor shall include in the bid cost any fill material necessary as Aggregate Base Course (ABC, Item 5). The Asphalt Mix Design Criteria shall conform to Marshall methodology as follows: DESIGN CRITERIA MARSHALL METHOD Com action 35 blows er side Stabilit 7501b. Min Flow 0.08-0.18 inches Percent air voids 3-5 Percent voids in mineral a e ate 15 min. For %Z nominal @ 4.0% voids Percent voids filled 70-80 Tensile strength ratio, % retained 80 min. 9. Sterilant: Prior to placement of asphalt, an approved sterilant shall be applied to the compacted aggregate base course layer of the asphalt cross section. 10. Stripping Topsoil, Adding Topsoil, Seeding Fertilizing and Mulchi~: Contractor shall remove and dispose of all excess and unsuitable material including topsoil and vegetation within the construction limits prior to grading the path. Topsoil shall be installed over all disturbed areas and according to the typical sections in the Drawings and shall include raking and removal of unsuitable rock and material. Salvaging, stockpiling, hauling, and placement of topsoil shall conform to the Construction and Material Requirements of CDOT Standard Specifications for Road and Bridge Construction, Section 207. All top-soiled areas shall be seeded, fertilized and mulched in accordance with CDOT Standard Specifications for Road and Bridge Construction, Sections 212 and 213. Contractor shall submit a proposed seed mix and application rate for approval. The trail platform shall be swept of construction and revegetation debris at partial and final completion. 11. Materials Sampling, Testing and Inspection: Sampling, testing and inspection of materials by a qualified independent testing laboratory will be the responsibility of the Contractor. Sub-grade shall be proof rolled with a loaded tandem axle dump truck in the presence of the Engineer. Areas found to be weak or fail shall be ripped, scarified, wetted if General Construction Requirements & Specifications Page 5 necessary, and re-compacted to requirement for density and moisture at Contractor's expense. Inspection Notification: Contractor shall notify the Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48) hours in advance of the following stages of construction: a) Sub-Grade: Prior to and during construction b) Aggregate Base Course: Prior to and during construction c) Curb, Gutter, and Sidewalk placement: Prior to and during construction d) Asphalt Placement: Prior to and during construction e) Retaining Walls: Prior to and during construction f) Railings The Engineer shall make an on-site visit within forty-eight (48) hours notification period for the purpose of observing proof rolls on items a) and b) above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Engineer shall in no way abrogate the duties of the Contractor outlined elsewhere in the plans. COMPACTION ITEM TEST TYPE FREQUENCY RECOMMENDATIONS Path/Road 1. Density Test 1 per 2000 C.Y. of 95% Standard Proctor Embankme additional (ASTM D-698, AASHTO nts embankment T-99) Finished 1. Density Test 1 per 2501ineal ft. of 95% Standard Proctor Sub-Grade roadway (ASTM D-698, AASHTO T-99) Aggregate 1. In Place Density 1 per 250 Lineal Feet 95% Standard Proctor Base Course 2. Gradation 1 per 2000 tons ABC (ASTM C-698m, 3. Atterber Limits 1 er 2000 tons ABC AASHTO T-99 Hot 1. Asphalt Content 2 per day production 92% Maximum Theoretical Bituminous 2. Gradation 2 per day production Density Pavement 3. In Place Densit 2 er da roduction 12. Match to Existing Trail: Contractor shall do all cutting, fitting, and patching of his/her work that may be 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 as shown on the plans, or with the written consent of Engineer and the others whose work will be affected. General Construction Requirements & Specifications Page 6 RETAINING WALL CDOT Standard Specifications for Road and Bridge Construction, Section 504 is hereby revised for this project to include the following: Description This work consists of constructing a dry stack rock retaining wall system at the locations and to the lines and grades shown on the plans. The Contractor shall obtain and haul all rock material necessary from a source approved by the Engineer. The minimum allowed rock size will be 12" in all dimensions, and the maximum allowed rock size will be 24" in all dimensions. Material 1. Shop Drawings: The Contractor shall submit shop drawings for review and approval prior to beginning of wall construction. Shop drawings shall be submitted in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 105.02. The Contractor shall submit six sets of design calculations for review with the shop drawing submittal. The design and details of the wall system shall be prepared and sealed by a Professional Engineer registered in the State of Colorado. The shop drawings shall provide the details necessary to demonstrate compliance with the requirements in the plans and these specifications, including: a. With close conformity to line and grades shown on the plans the wall layout including the leveling pad elevations and excavation depths required. b. If required, the soil reinforcement types, spacing, lengths, elevations, and the corresponding wall design height segments shall be shown on the wall layout. Soil reinforcement lengths shall be measured from the front face of the wall to the end of the reinforcements. c. For geosynthetic reinforcement, the required reinforcement Long Term Design Strength (LTDS) and the supplied LTDS (determined in accordance with Subsection 8 under Design Requirements, of this specification) with corresponding brand and grade of material shall be listed side by side. The LTDS of the supplied reinforcement grade must meet or exceed the required LTDS corresponding with the reinforcement spacing provided. The Contractor shall provide Minimum Average Roll Value (MARV) certification which states the MARV of the supplied material has been determined in accordance with ASTM D-4595. General Construction Requirements & Specifications Page 7 Design Requirements Wall Designs: The design shall provide for soil retention to the lines and grades shown on the plans. It shall conform to the requirements of the latest AASHTO Standard Specifications for Highway Bridges, Division I, Section 5, the plans and these specifications. 2. Design Height: Unless otherwise defined on the plans, the wall design height shall be measured vertically from the finished grade at the bottom of the wall to the finished grade of the top of the wall. 3. Soil Reinforcement Length: The soil reinforcement length shall be measured from the front face of the wall to end of reinforcement. Soil reinforcement lengths shall not be less than any lengths or length requirements given in the plans. 4. Backfill: The backfill for the Reinforced Soil Zone shall be considered non-aggressive for corrosion and durability. The friction angle, phi, shall be a value appropriate for the fill material used. The ENGINEER may require chemical and organic content tests if the source is questionable. All reinforcing elements shall be designed to ensure a minimum design life of 75 years for permanent structures. 5. Extensible Soil Reinforcement: Extensible soil reinforcement shall be a geogrid or geotextile. For polyester (PET), polypropylene (PP) and high density polyethylene (HOPE) reinforcement the LTDS of material shall be determined using the following factors of safety to ensure the required design life. Unless otherwise noted, the LTDS may not exceed the following K percent of its ultimate tensile strength, MARV, i.e. LTDS = K * MARY, where K = CRC!(1.78*FC*FD) Products pre-approved for this project: Miragrid K =15.7% with CRC = 0.46, FD = 1.5, FC = 1.1 Strata K = 13.6% with CRC = 0.40, FD = 1.5, FC = 1.1 Tensar K = 17.0% with CRC = 0.37, FD = 1.1, FC = 1.1 Stability Calculations: Calculations shall include analysis for the internal and external stability of the wall. Wall designer shall be responsible for the following external stability calculations: a. Sliding (FS >_ 1.5) b. Overturning (FS >_ 2.0) c. Loss of heel (eccentricity < L/6) d. Bearing (as specified on the plans) General Construction Requirements & Specifications Page 8 Construction Requirements 1. Excavation and Backfill: Should the excavation for the placement of the leveling pad expose an unsatisfactory bearing material the ENGINEER may require removal and replacement of that material. The removed material shall be replaced with material meeting the requirements of Reinforced Backfill compacted in conformity to CDOT Standard Specifications for Road and Bridge Construction, Section 206.03 except that the density shall be 100 percent AASHTO T-180. Payment for removal and replacement shall be in accordance with the Standard Specifications. The Reinforced Soil Zone shall be filled with material meeting the requirements of Reinforced Backfill and shall be compacted in conformity to CDOT Standard Specifications for Road and Bridge Construction, Section 206.03. The upper triangular fill portion immediately behind the Reinforced Backfill, Retained Backfill Zone, shall be filled with material meeting the Retained Backfill requirements and shall be compacted in conformity to CDOT Standard Specifications for Road and Bridge Construction, Section 206.03. Unless otherwise noted on the plans, recycled asphalt and flow-fill material is not allowed to substitute Reinforced Backfill, or Retained Backfill. Each layer of Backfill shall not exceed 200 mm (8") before compacting to the required density and before successive layers are placed. At least 150 mm (6") of material shall be in place prior to operation of tracked vehicles over the reinforcements. Only hand operated compaction equipment shall be allowed within 900 mm (3') of the front of the wall face and compaction in these areas shall conform to CDOT Standard Specifications for Road and Bridge Construction, Section 206.03. The fill and compaction operation shall progress from the face toward the back. The verification of 95% AASHTO T-180 compaction is absolutely required behind the wall, for a distance equal to reinforcement vertical spacing, unless pea gravel is used to fill the top triangular portion above the structure Backfill spill zone. The Contractor shall place additional fill material, properly compacted, to return the finished grade to plan elevations if settlement as determined by the ENGINEER has occurred. If the settlement is determined to be the result of the non-conforming Backfill or Backfill not meeting compaction requirements, the Contractor shall bring the elevation to the finished grade at no extra cost to the project. Payment will be full compensation for designated materials and labor including Structure Excavation, Backfill, rock facing, leveling pad, geogrid (if required), and all miscellaneous items necessary to construct the dry stack rock wall as shown on the plan. 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