01 BID 2025-0008 Bid Document Skyline Trail Head FINAL rev-DK.pdf

Revised 7/3/2019

CITY OF LOVELAND, COLORADO

BID DOCUMENTS

FOR

SKYLINE US-34 TRAILHEAD

BID # 2025-008

Thursday, June 12, 2025 ii

INVITATION TO BID 1

INSTRUCTIONS TO BIDDERS 2

Instructions to Bidders

1.0 GENERAL

1.1 Bid Documents

1.2 Bidder’s Understanding

2.0 BIDS

2.1 Basis of Bid

2.2 Preparation

2.3 Signatures

2.4 Submittal

2.5 Withdrawal

3.0 BID SECURITY

4.0 TIME OF COMPLETION

5.0 INTERPRETATION OF SPECIFICATIONS

6.0 BONDS

7.0 SUBCONTRACTS

8.0 ACCEPTANCE AND REJECTION OF BIDS

9.0 BASIS OF AWARD

10.0 AWARD OF CONTRACT

11.0 FAILURE TO EXECUTE CONTRACT AND FURNISH BOND

12.0 CONFIDENTIAL INFORMATION

CONTRACT AND BOND 2

CONSTRUCTION CONTRACT

PERFORMANCE BOND

PAYMENT BOND

GENERAL CONDITIONS 12

GENERAL CONDITIONS

1.0 CONTRACT DOCUMENTS

2.0 DEFINITIONS

3.0 EXECUTION OF CONTRACT

4.0 LEGAL ADDRESSES

5.0 SCOPE AND INTENT OF CONTRACT DOCUMENTS

6.0 INDEPENDENT CONTRACTOR

7.0 ASSIGNMENT AND SUBCONTRACTING

8.0 ORAL STATEMENTS

9.0 REFERENCE STANDARDS

10.0 OWNER’S DRAWINGS AND SPECIFICATIONS

11.0 CONTRACTOR TO CHECK DRAWINGS AND LISTS

12.0 FIGURED DIMENSIONS TO GOVERN

13.0 PROJECT MANAGEMENT

14.0 NO WAIVER OF RIGHTS

15.0 CONSTRUCTION OBSERVATION

16.0 FIELD RECORDS

17.0 CONTRACTOR’S SUPERVISION AT THE SITE

18.0 CONTRACTOR’S OFFICE

19.0 RELATIONS WITH OTHER CONTRACTORS

20.0 METHODS OF FIELD OPERATION

21.0 LINES AND GRADES

iii

22.0 PRESERVATION OF MONUMENTS AND STAKES

23.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY FOR DAMAGES

24.0 EMERGENCY PROTECTION

25.0 FORCE MAJEURE

26.0 CHARACTER OF WORKERS

27.0 PREFERENCE IN EMPLOYMENT OF COLORADO LABOR

28.0 INSURANCE REQUIREMENTS

28.1 Comprehensive General Liability

28.2 Comprehensive Automobile Liability

28.3 Builder’s Risk

28.4 Owner’s Protective Liability

28.5 Workers’ Compensation and Other Insurance

28.6 Insurance Policies

29.0 INDEMNITY

30.0 RELEASE OF LIABILITY

31.0 CLAIMS FOR LABOR AND MATERIALS

32.0 RIGHT OF CITY TO TERMINATE CONTRACT

32.1 For Default

32.2 For Convenience

33.0 BEGINNING, PROGRESS, AND COMPLETION OF THE WORK

34.0 UNFAVORABLE CONSTRUCTION CONDITIONS

35.0 HINDRANCES AND DELAYS

36.0 SUSPENSION OF WORK

37.0 EXTENSIONS OF TIME

38.0 REJECTED WORK AND MATERIALS

39.0 PLACING WORK IN SERVICE

40.0 CLEANLINESS

41.0 SECURITY

42.0 CONSTRUCTION AREA LIMIT

43.0 PROTECTION OF WORK

44.0 REPAIR OF DAMAGES

45.0 TESTING

46.0 COOPERATION WITH THE CITY

47.0 MODIFICATIONS

47.1 Change of Contract Price

47.2 Changes in the Work

47.3 No Modification Without Appropriation

47.4 Reimbursement for Additional Directed Work

48.0 LAWS AND REGULATIONS

49.0 TAXES, PERMITS, AND LICENSES

50.0 PATENTS

51.0 MATERIALS AND EQUIPMENT

52.0 CONSTRUCTION PLANT AND TEMPORARY FACILITIES

53.0 RECEIVING, HANDLING, AND STORAGE

54.0 RIGHTS-OF-WAY

55.0 USE OF PRIVATE AND CITY PROPERTY

55.1 Use of Private Property

55.2 Use of City Property

56.0 PROTECTION OF PUBLIC AND PRIVATE PROPERTY

57.0 MAINTENANCE OF TRAFFIC

58.0 UNDERGROUND INSTALLATIONS

iv

59.0 FINAL CLEAN UP AND GRADING

60.0 DUST CONTROL

61.0 NOISE CONTROL

62.0 POLLUTION CONTROL

63.0 GUARANTEE

64.0 FINAL INSPECTION

65.0 CONTRACTOR’S PRICE BREAKDOWN

66.0 ESTIMATES AND PAYMENTS

67.0 APPROPRIATION

68.0 GOVERNMENTAL IMMUNITY ACT

69.0 FUEL ADJUSTMENTS (SURCHARGES)

BID AND BID BOND 33

BID

UNIT-PRICE BASIS

UNIT PRICE BID SCHEDULE

BID BOND

SPECIAL CONDITIONS 38

SPECIAL CONDITIONS

1.0 PROJECT DESCRIPTION

2.0 PROJECT MANAGER

3.0 TIME OF COMPLETION AND LIQUIDATED DAMAGES

4.0 INSURANCE LIMITS

TECHNICAL SPECIFICATIONS

CONSTRUCTION PLANS AND DRAWINGS

See Attached

INVITATION TO BID

The City of Loveland, Colorado (“City”) will receive sealed bids for Skyline Us-34 Trailhead, Bid #2025-008. Bids must be received electronically at bids@cityofloveland.org on or before 2:00 p.m.

Mountain Time (MT), Thursday, June 12, 2025.

The subject line in the email must contain the name of the bid and the company name, the address should be in the body of the email.

Bid documents are available via the Rocky Mountain E-Purchasing System at www.BidNetDirect.com/Colorado. If you are not registered with Rocky Mountain E-Purchasing, please visit their website and select “Vendor Registration.” If you have questions about the registration process, please contact Rocky Mountain E-Purchasing at 800-835-4603.

Bid information will be added to the Rocky Mountain E-Purchasing website once evaluations are completed by the City’s project manager.

Pre-bid conference:

11:00 am MT on Tuesday, May 20, 2025 Virtual (Teams Meeting) Contact David Kasprzak at david.kasprzak@cityofloveland.org for meeting invitation link.

Loveland, CO 80537

Mandatory pre-bid conference: Yes

If “Yes,” bids will only be accepted from Bidders who attend.

For additional information, please contact David Kasprzak, (970) 962-2478, david.kasprzak@cityofloveland.org.

No bids will be considered which have not been received by the deadline set forth above, as determined by the City email server. The City is not responsible for delays occasioned by the internet, outages of service, the City email server, or any other electronic delay. The City email server scans all emails with attachments and delays the receipt of those emails up to four (4) minutes, please plan your submission accordingly.

The City of Loveland is committed to providing an equal opportunity for services, programs and activities and does not discriminate on the basis of disability, race, age, color, national origin, religion, sexual orientation or gender. For more information on non-discrimination or for translation assistance, please contact the City’s Title VI Coordinator at TitleSix@cityofloveland.org or 970-962- 2372. The City will make reasonable accommodations for citizens in accordance with the Americans with Disabilities Act (ADA). For more information on ADA or accommodations, please contact the City’s ADA Coordinator at jason.smitherman@cityofloveland.org or 970-962-3319.

“La Ciudad de Loveland está comprometida a proporcionar igualdad de oportunidades para los servicios, programas y actividades y no discriminar en base a discapacidad, raza, edad, color, origen nacional, religión, orientación sexual o género. Para más información sobre la no discriminación o para asistencia en traducción, favor contacte al Coordinador Título VI de la Ciudad al TitleSix@cityofloveland.org o al 970-962-2372. La Ciudad realizará las acomodaciones razonables para los ciudadanos de acuerdo con la Ley de Discapacidades para Americanos (ADA). Para más información sobre ADA o acomodaciones, favor contacte al Coordinador de ADA de la Ciudad en jason.smitherman@cityofloveland.org o al 970- 962-3319.”

mailto:bids@cityofloveland.org http://www.bidnetdirect.com/ mailto:TitleSix@cityofloveland.org tel:970-962-2372 tel:970-962-2372 mailto:jason.smitherman@cityofloveland.org tel:970-962-3319 mailto:TitleSix@cityofloveland.org mailto:jason.smitherman@cityofloveland.org

COLORADO OPEN RECORDS ACT NOTIFICATION

The City of Loveland is subject to section 24-72-201 et seq. of the Colorado Revised Statutes, the Colorado Open Records Act. If a bidder objects to the disclosure of any confidential or privileged information as such is defined in the Colorado Open Records Act, any such pages must be marked confidential. An objecting bidder must include a detailed list of the documents marked confidential and provide a) an explanation as to why those should be withheld; b) the specific legal basis for that position. Failure to do the foregoing will be deemed a waiver of any objection to the release of any information.

Please note that objections will be considered, but are not binding on the City. The City is required to make a determination under the Colorado Open Records Act, and may only withhold documents that are confidential under the law. If the City releases documents marked as confidential in compliance with the Colorado Open Records Act, the Proposer waives any claims for liability or damages and shall not hold the City harmless from any claims arising therefrom.

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.0 GENERAL

These instructions apply to the preparation of bids for construction work for the City.

1.1 Bid Documents

The following documents constitute the bid documents for this project. By submitting a bid, the bidder certifies and represents that it has been furnished with all of the bid documents, is familiar with them, and intends to be bound by them.

Furnished with Bid Packet:

Invitation to Bid General Conditions Instructions to Bidders Special Conditions Bid Unit Price Bid Form Bid Bond Construction Drawings Construction Contract Special Provisions Performance Bond Payment Bond

1.2 Bidder’s Understanding

The bidder is responsible to be informed of, and the bidder awarded the contract shall comply with, all federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, without limitation, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, permits, fees, and similar subjects.

The bidder is responsible to have inspected the site of the proposed work and to have become familiar with the site layout and all site conditions, including subsurface soil conditions and materials and obstructions that might affect the work. The bidder is presumed to have made adequate allowances within the bid for all such conditions.

2.0 BIDS

2.1 Basis of Bid

If the project is on a unit price basis, the estimate of quantities of work to be done is tabulated in the bid form, approximate only, and assumed solely for the basis of calculation upon which the contract award shall be made. Payment shall be made on the measurement of the work actually performed as specified in the contract documents. The City reserves the right to increase or diminish the amount of any class of work as may be deemed necessary.

If the project is on a lump-sum basis, the total compensation to be paid for the work shall be the lump-sum amount bid, as adjusted by written change orders. A breakdown of the lump-sum bid, if requested, shall be used only to evaluate pay requests and, at the option of the City, to determine the price for change orders.

2.2 Preparation

Each bid shall be carefully prepared using the bid form bound herewith. Entries shall be typed using dark black ribbon or font, or legibly written in dark ink. All prices shall be stated in words and figures except where the form provides for figures only.

The bidder shall return a signed copy of the bid form acknowledging receipt of each addendum issued, all of the drawings, catalog data, and other supplementary information published by the City relating to the invitation to bid.

2.3 Signatures

The bidder shall sign the bid with the bidder’s usual signature and shall give the bidder’s full business address.

Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. A complete list of partners shall be included with the bid.

Bids by a corporation shall be signed in the official corporate name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation and shall display the corporate seal. The names of all persons signing should also be typed or printed below the signature. Bidding corporations shall designate the state in which they are incorporated, the address of their principal office, and the name and address of their agent for service of process.

A bid by a person who adds the word “president,” “secretary,” “agent,” or other designation without disclosing the principal will be rejected.

The bidder’s name stated on the bid shall be the exact legal name of the firm.

2.4 Submittal

Bids shall be submitted electronically to bids@cityofloveland.org with the bidder’s name and the project title included. Bids not received on or before the deadline set forth on the Invitation to Bid shall not be considered.

A single proprietary interest shall not submit multiple bids for the same work even though the individual bids are submitted under different names. The City reserves the right to reject all bids so submitted.

Multiple submittals by a single proprietary interest may subject that company to removal from the City’s list of eligible bidders.

2.5 Withdrawal

Bids may be withdrawn, altered, and resubmitted at any time before bid opening. Bids may not be withdrawn, altered, or resubmitted within thirty (30) days thereafter, and the bid of the lowest and second lowest responsible bidder may not be withdrawn for a period of sixty (60) days thereafter, or until execution of the construction contract, whichever occurs earliest.

3.0 BID SECURITY

Pursuant to Loveland Municipal Code Section 3.12.140, all construction contracts of One Hundred Thousand ($100,000.00) or more shall be accompanied by a bid security in an amount not less than five percent (5%) of the total bid. Bid security shall be in the form of a certified check or cashier’s check drawn on any solvent bank or bid bond acceptable to the City executed by the bidder and a surety company in good standing and authorized to do business in the State of Colorado. Bid bond can be scanned and attached to email. If security will be certified check or cashier’s check, those will need to be mailed or delivered to the City Clerk’s Office, 500 East Third Street, Loveland, CO 80537. Checks should be included in a sealed envelope with the project name and number on the outside of the envelope.

mailto:bids@cityofloveland.org

The bid security of each unsuccessful bidder will be returned when the bidder’s bid is rejected or the time for withdrawal of bids has elapsed if the bidder encloses a stamped, self-addressed envelope for that purpose. The bid security of the bidder to whom the contract is awarded will be returned when said bidder executes the contract and files satisfactory performance and payment bonds. The bid security of the second lowest responsible bidder may be retained for a period not to exceed sixty (60) days pending the execution of the contract and performance and payment bonds by the successful bidder.

4.0 TIME OF COMPLETION

The time of completion of the work is a primary consideration of the contract. The bid shall be based upon completion of all work within the time set forth in the special conditions. The bidder must satisfy the City of the bidder’s ability to complete the work within this time. The general conditions contain provisions relative to delays and extensions of time. The successful bidder shall dedicate all necessary labor, material, and equipment for a continuous operation, weather permitting, to assure completion of the project within the allowed time. Any deviation from this condition shall require the City’s prior written approval.

5.0 INTERPRETATION OF SPECIFICATIONS

If the bidder is in doubt as to the true meaning of any part of the bid documents, the bidder may submit a written request to the City for an interpretation. The bidder shall be responsible for its prompt delivery.

Any interpretation of the bid documents will be made only by written addendum mailed or delivered to each company that has requested a copy of the bid documents. The City is not responsible for any other explanations or interpretations of the bid documents.

The bidder shall be responsible for informing the City before bid opening of conflicting requirements, real or apparent, or missing information requiring clarification.

6.0 BONDS

The successful bidder shall be required to furnish a performance bond and a payment bond to the City, each in an amount equal to one hundred percent (100%) of the contract amount. The performance and payment bonds shall be executed on standard City forms and signed by a surety company authorized to do business in the State of Colorado and acceptable as surety to the City. Copies of a “Power of Attorney” certified to include the date of the bonds shall be filed with the performance and payment bonds.

7.0 SUBCONTRACTS

Upon the City’s request, the bidder shall supply the City with a list of all subcontractors the bidder plans to employ to complete the project. The City reserves the right to disapprove the use of any or all subcontractors that, in the City’s judgment, are not reasonably capable of performing the work required.

Prior to award, the City may require the apparent low bidder to submit documentation and references to verify that the bidder and any designated subcontractors have adequate equipment and experienced personnel to perform the work within the contract time.

8.0 ACCEPTANCE AND REJECTION OF BIDS

The City reserves the right to accept the bid that, in the City’s judgment, is the lowest and best bid, to reject any and all bids, and to waive irregularities and informalities in any bid that is submitted. Bids received after the time specified for bid opening will be returned unopened.

9.0 BASIS OF AWARD

The City will award the contract to the lowest responsible bidder who, in the City’s judgment, will best serve the City’s interests.

The City reserves the right to accept or reject any or all bids and to waive any informalities and irregularities.

Any such waiver or consent, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent informality or irregularity.

10.0 AWARD OF CONTRACT

Acceptance of the bid shall be by written notice of award mailed or delivered to the office designated in the bid. The City will furnish the contract for execution with the notice of award.

If the successful bidder fails to execute the contract and furnish the performance and payment bonds and certificate of insurance within fifteen (15) days from the issuance of the notice of award, the City may terminate the award and award the contract to the next lowest responsible bidder. Such award shall be made within sixty (60) days after bid opening.

11.0 FAILURE TO EXECUTE CONTRACT AND FURNISH BOND

If the successful bidder fails to execute the contract and furnish the performance and payment bonds and certificate of insurance within fifteen (15) days from the issuance of the notice of award, the bidder shall forfeit the bid security accompanying the bid. The bid security shall be retained as liquidated damages by the City, and it is agreed that this said sum is a fair estimate of the amount of damages the City will sustain.

12.0 CONFIDENTIAL INFORMATION

Pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201 et seq. (“Act”), all information contained in any bid or proposal is subject to public disclosure unless it meets one of the exceptions set forth in the Act. To avoid disclosure of trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data (“Confidential Information”), the bidder must clearly mark all Confidential Information as such and provide a written, detailed justification with its bid or proposal of the protected nature of the Confidential Information under Colorado law. This justification must address, at a minimum, the specific competitive harm that may result from any disclosure, the intrinsic value of the Confidential Information to the bidder, and any safeguards the bidder uses to protect the Confidential Information from disclosure.

By submitting a bid, the bidder agrees to hold the City harmless from any claim arising from the release of Confidential Information not clearly marked as such by the bidder or lacking written, detailed justification supported by Colorado law.

CONTRACT AND BOND

CONSTRUCTION CONTRACT

THIS CONTRACT is made and entered into by and between the CITY OF LOVELAND, COLORADO, a home rule municipality (“City”), and ______________________________________________________ (“Contractor”).

The Contractor, in consideration of the sum to be paid to the Contractor by the City and of the covenants and agreements contained herein and in the contract documents, identified in the general conditions at section 1.0 and incorporated herein by reference, hereby agrees at the Contractor’s own proper cost and expense to do all the work and furnish all the materials, tools, labor, and all appliances, machinery, and appurtenances for the construction of the project described as Skyline Us-34 Trailhead, Bid #2025-008 to the extent of the Contractor’s bid opened Thursday, June 12, 2025 in full compliance with the contract documents.

In consideration of the performance of the work as set forth in the contract documents, the City agrees to pay the Contractor a sum not to exceed ______________________________ Dollars ($________), as adjusted in accordance with the contract documents or as otherwise herein provided, and to make such payments in the manner and at the times provided in the contract documents.

Time is the essence of this contract. The Contractor agrees to complete the work within ____________________ (_____) days from the date of the issuance of the notice to proceed and to accept as full payment hereunder the quantities computed as determined by the contract documents and based on the unit prices set forth in the bid.

In the event that the Contractor fails to complete the work within the time limit set forth in the contract documents, liquidated damages shall be paid at the rate of One Thousand Dollars ($1,000.00) per day until substantial completion.

IN WITNESS WHEREOF, the parties have executed this contract as of the date first above written.

CITY OF LOVELAND, COLORADO

By:

Title:

ATTEST:

City Clerk

APPROVED AS TO FORM:

Assistant City Attorney

CONTRACTOR:

ATTEST: (if corporation)

Corporate Secretary

STATE OF _______________ )

) ss.

COUNTY OF _______________ )

The foregoing instrument was acknowledged before me this ____ day of ______________________, 20___ by _____________________________________________________.

(Insert name of individual signing on behalf of the Contractor)

Notary’s official signature

S E A L Commission Expiration Date

PERFORMANCE BOND

_____________________________________________________________, as Principal (“Contractor”), and ___________________________________________________, as Surety (“Surety”), with general offices in _________________________________________________, a corporation organized under the laws of the State of __________________________ and authorized to transact business in the State of Colorado, are hereby bound unto the City of Loveland, Colorado, as Obligee (“City”), in the penal sum of ____________________________ ___________________________________________ Dollars ($_______________) in United States currency for the payment of which sum the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

WHEREAS, the Contractor has entered into a written construction contract with the City effective as of _________________________, 20___, for Skyline Us-34 Trailhead, Bid #2025-008 (“Contract”), attached hereto and incorporated herein by reference.

NOW, THEREFORE, the conditions of this performance bond are such that, if the Contractor shall satisfactorily perform the Contract, then this performance bond shall be null and void; otherwise it shall remain in full force and effect.

In addition to the other conditions hereof, this performance bond shall satisfy all provisions and conditions set forth in C.R.S. §§ 38-26-105 and 106, as amended.

THE UNDERSIGNED SURETY, for value received, hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder or of the specifications of the contract documents shall in any way affect its obligation on this performance bond, and the Surety does hereby waive notice of any such extension of time, change, addition, or modification.

Any action against the Surety on this performance bond shall be brought no later than two (2) years from the date fixed for final settlement of the Contract.

Dated this _____ day of ___________________, 20____.

SURETY:

By:

Attorney-in-Fact

PAYMENT BOND

_____________________________________________________________, as Principal (“Contractor”), and ___________________________________________________, as Surety (“Surety”), with general offices in _________________________________________________, a corporation organized under the laws of the State of __________________________ and authorized to transact business in the State of Colorado, are hereby bound unto the City of Loveland, Colorado, as Obligee (“City”), in the penal sum of ____________________________ ___________________________________________ Dollars ($_______________) in United States currency for the payment of which sum the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

WHEREAS, the Contractor has entered into a written construction contract with the City effective as of _________________________, 20___, for Skyline Us-34 Trailhead, Bid #2025-008 (“Contract”), attached hereto and incorporated herein by reference.

NOW, THEREFORE, the conditions of this payment bond are such that, if the Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing it or its subcontractors with labor, material, rental machinery, tools, or equipment used or performed in the prosecution of the work provided for in the Contract and shall indemnify and save harmless the City to the extent of any payments in connection with the performance of such subcontracts that the City may be required to make under law, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

In addition to the other conditions hereof, this payment bond shall satisfy all provisions and conditions set forth in C.R.S. §§ 38-26-105 and 106, as amended.

THE UNDERSIGNED SURETY, for value received, hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder or of the specifications of the contract documents shall in any way affect its obligation on this performance bond, and the Surety does hereby waive notice of any such extension of time, change, addition, or modification.

Any action against the Surety on this payment bond shall be brought no later than two (2) years from the date fixed for final settlement of the Contract.

Dated this _____ day of ___________________, 20____.

SURETY:

By:

Attorney-in-Fact

GENERAL CONDITIONS

GENERAL CONDITIONS

1.0 CONTRACT DOCUMENTS

It is understood and agreed that the bid documents, the Contractor’s bid, any addenda and change orders issued by the City, and all drawings, construction plans, specifications, and engineering data furnished by the Contractor and accepted by the City are included in the Contract, and the Contractor warrants that the work will strictly conform to the requirements therewith. In the event of any conflict between these General Conditions and any other component documents of the Contract (such as Special Conditions, Specifications, etc.), these General Conditions shall prevail.

2.0 DEFINITIONS

Words, phrases, or other expressions used in these Contract Documents shall have meanings as follows:

“Contract” shall mean the construction contract, which incorporates all of the contract documents by reference therein.

“Contract documents” shall mean those documents set forth in paragraph 1.0.

“City” shall mean the City of Loveland, Colorado and its duly authorized agents. All notices, letters, and other communication directed to the City shall be addressed and delivered to the City as specified in the Special Conditions.

“Contractor” shall mean the corporation, company, partnership, firm, other legal business entity or individual so named and designated in the contract and its or their duly authorized representatives.

“Subcontractor” shall mean and refer only to a corporation, partnership, other legal business entity or individual having a direct contract with the Contractor for performing work at the job site.

“Day” or “days” shall mean a calendar day.

“Work” shall mean the equipment, supplies, materials, labor, and services to be furnished under the Contract and the carrying out of all obligations imposed by the contract documents.

“Drawings” and “construction plans” shall include all of the following: (a) drawings furnished by the City as a basis for bids; (b) supplementary drawings furnished by the City to clarify and to define in greater detail the intent of the contract drawings and specifications; (c) drawings submitted by the Contractor with its bid, provided such drawings are acceptable to the City; (d) drawings furnished by the City to the Contractor during the progress of the work; and (e) engineering data and drawings submitted by the Contractor during the progress of the work provided such drawings are acceptable to the City.

“Substantial completion,” “substantially complete,” or “substantially completed” shall mean the date when the construction is sufficiently complete, in the City’s judgment, in accordance with the contract and the contract documents, as modified by any change orders agreed to by the City, so that the work or designated portion thereof is available for use by the City.

“Inspector,” “representative,” “construction observer,” “observer,” “engineer,” and similar terms mean the person or persons designated by the City to monitor the progress of the work on behalf of the City.

Wherever in the contract documents the words “as ordered,” “as directed,” “as required,” “as permitted,” “as allowed,” or words or phrases of like effect and import are used, it shall be understood that the order, direction, requirement, permission, or allowance of the City is intended only to the extent of judging compliance with the terms of the contract; none of these terms shall imply that the City has authority or responsibility for supervision of the Contractor’s forces or construction operations, such supervision and the sole responsibility therefore being strictly reserved for the Contractor.

Similarly, the words “approved,” “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the sole judgment of the City.

Wherever in the contract documents the expression “it is understood and agreed” or an expression of like import is used, such expression shall mean the mutual understanding and agreement of the parties executing the contract.

“Official acceptance” shall mean the City’s written acceptance of all work performed under the contract based on final inspection and issuance of a final payment certificate.

3.0 EXECUTION OF CONTRACT

Two (2) copies of the Contract and the performance and payments bonds will be prepared by the City. If required by the bonding agency in writing, a third copy of the Contract and the performance and payment bonds will be prepared by the City. The copies will be submitted to the Contractor, who shall execute the Contract, insert executed copies of the required performance and payment bonds, power of attorney, and insurance certificates and submit all copies to the City. The date of Contract on the Contract and performance and payment bonds shall be left blank for filling in by the City. The certification date on the power of attorney shall also be left blank for filling in by the City. The City will execute all copies, insert the date of Contract on the Contract, performance and payment bonds, and power of attorney, retain one

(1) copy, and distribute the remaining copy/copies to the Contractor.

4.0 LEGAL ADDRESSES

All notices, letters, and other communication to the Contractor shall be mailed or delivered to either the Contractor’s business address listed in the bid or the Contractor’s office in the vicinity of the work, with delivery to either of these addresses being deemed as delivery to the Contractor. The address of the City is hereby designated as the place to which all notices, letters, and other communication to the City shall be mailed or delivered as identified in the special conditions.

5.0 SCOPE AND INTENT OF CONTRACT DOCUMENTS

The specifications and drawings are intended to supplement but not necessarily duplicate each other. Any work exhibited in the one and not in the other shall be executed as if it had been set forth in both so that the work will be constructed according to the complete design as determined by the City.

Should anything necessary for a clear understanding of the work be omitted from the specifications and drawings, or should the requirements appear to be in conflict, the Contractor shall secure written instructions from the City before proceeding with the work affected thereby. Any detail that appears on one page of the drawings shall be as if it appears on all sections within the set of drawings. It is understood and agreed that the work shall be performed according to the true intent of the contract documents.

6.0 INDEPENDENT CONTRACTOR

The City hereby retains the Contractor for the Project to perform the services on the terms and conditions specified in the Contract Documents, and the Contractor agrees so to serve. The parties agree that the Contractor shall be an independent contractor and shall not be an employee of the City. The Contractor, as an independent contractor, is not entitled to workers’ compensation benefits and unemployment insurance benefits, and the Contractor is obligated to pay federal and state income tax on any monies earned pursuant to the Contract relationship.

7.0 ASSIGNMENT AND SUBCONTRACTING

The Contractor shall not assign by power of attorney or otherwise any of the money payable under this Contract unless prior written consent of the City has been obtained. No right under this Contract, nor claim for any money due or to become due hereunder, shall be asserted against the City or persons acting for the City by reason of any so-called assignment of the Contract, or any part thereof, unless such assignment has been authorized by the prior written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this Contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of the work.

The City reserves the right to disapprove the use of any or all subcontractors, which, in the City’s opinion, are not reasonably capable of performing the work required.

Should any subcontractor fail to perform in a satisfactory manner the work undertaken, the subcontractor shall be immediately terminated by the Contractor upon notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of subcontractors and of persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract shall create any contractual relationship between any subcontractor and the City.

8.0 ORAL STATEMENTS

It is understood and agreed that the written terms and provisions of this Contract shall supersede all oral statements of representatives of the City, and oral statements shall not be effective or construed as being a part of this Contract.

9.0 REFERENCE STANDARDS

Reference to the standards of any technical society, organization, or association or to codes of local or state authorities shall mean the latest standard, code, specification, or tentative standard adopted and published at the date of taking bids unless specifically stated otherwise.

10.0 OWNER’S DRAWINGS AND SPECIFICATIONS

The Contractor will be furnished up to five (5) sets of all drawings, including revisions thereto, and up to five (5) copies of the specifications without charge.

11.0 CONTRACTOR TO CHECK DRAWINGS AND LISTS

The Contractor shall check all dimensions, elevations, and quantities indicated on the drawings and lists furnished to it by the City. The Contractor shall notify the City of any discrepancy between the drawings and the conditions at the site or any error or omission in drawings or in the layout as given by stakes, points, or instructions which the Contractor may discover in the course of the work. The Contractor shall not be allowed to take advantage of any error or omission in the drawings or Contract Documents. Full instructions shall be furnished by the City upon discovery of such error or omission, and the Contractor shall carry out such instructions as if originally specified.

12.0 FIGURED DIMENSIONS TO GOVERN

Dimensions and elevations indicated on the drawings shall be accurately followed even though different from scaled measurements. No work indicated on the drawings, the dimensions of which are not indicated, shall be executed until necessary dimensions have been obtained from the City.

13.0 PROJECT MANAGEMENT

The coordination of all field construction shall be under the direction of the Contractor, who shall be responsible for coordinating work between various subcontractors and resolving any conflicts between subcontractors regarding scheduling or coordination.

The time of completion is of the essence of the Contract, and the Contractor shall be responsible for performing the work in accordance with the specified construction schedule. If at any time the Contractor’s work is behind schedule, the Contractor shall increase forces, work overtime, or otherwise accelerate operations to comply with the schedule and shall put into effect definite procedures for getting the work back on schedule. The proposed procedures shall be subject to the City’s approval or modification. The procedures adopted shall be put into effect immediately. The Contractor will not be allowed extra compensation for costs incurred because of additional regular or premium time or of additional mobilization of equipment required to keep its work on schedule.

14.0 NO WAIVER OF RIGHTS

Neither the inspection by the City or any of its officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees shall operate as a waiver of any provision of the Contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in the Contract be held to be a waiver of any other or subsequent breach.

15.0 CONSTRUCTION OBSERVATION

The City may appoint such inspectors as the City deems proper to observe the materials furnished and the work performed for compliance with the drawings and specifications. The Contractor shall furnish all reasonable assistance required by the inspectors for the proper observation of the work. Should the Contractor object to any order given by any inspector, the Contractor may make written appeal to the City for a decision.

Inspectors shall have the authority to reject work that is unsatisfactory, faulty, defective, or does not conform to the requirements of the drawings and specifications. Observation shall not relieve the Contractor from any obligation to construct the work strictly in accordance with the drawings and specifications. Work not so constructed shall be removed and replaced by the Contractor at its own expense.

16.0 FIELD RECORDS

The Contractor shall maintain at the site office current copies of all drawings, specifications, and other Contract Documents and supplementary data, complete with latest revisions thereto. In addition, the Contractor shall maintain a continuous record of all field changes and, at the conclusion of work, shall incorporate all such changes on the drawings and other engineering data and shall submit the required number of copies thereof to the City.

17.0 CONTRACTOR’S SUPERVISION AT THE SITE

The Contractor shall furnish adequate management, supervisory, and technical personnel on the site to ensure expeditious and competent handling of the work. A superintendent experienced in construction of the type specified and who is a permanent member of the Contractor’s organization shall be a resident at the Project throughout the construction. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work.

The Contractor’s field organization shall include an experienced staff of qualified technical personnel to handle on-site engineering, planning, and direction of all fieldwork.

The Contractor shall be responsible for complete supervision and control of its subcontractors as though they were its own forces. Notice to the Contractor shall be considered notice to any affected subcontractor.

18.0 CONTRACTOR’S OFFICE

During the performance of the Contract, the Contractor shall maintain a suitable office, which shall be headquarters of a representative authorized to receive drawings, instructions, or other communication or articles. Any communication given to the said representative or delivered to the Contractor’s office in its absence shall be deemed to have been delivered to the Contractor.

Copies of items listed under Section 16.0, “FIELD RECORDS,” shall be kept at the Contractor’s office at the site of the work, available for use at all times.

19.0 RELATIONS WITH OTHER CONTRACTORS

The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City in the vicinity of the work under the Contract and shall conduct operations to minimize interference with the work of such contractors or workers. The Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be sustained by other contractors or employees of the City at the Contractor’s hands. Any difference or conflict that may arise between the Contractor and other contractors shall be resolved as determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, the Contractor shall have no claim against the City on that account other than an extension of time.

If any part of the Contractor’s work is dependent upon the quality and completeness of work performed under another contract, the Contractor shall inspect the other contractor’s work and promptly report defects therein which render such work unsuitable for the proper execution of the work under this Contract. Failure to report such defects to the City shall constitute the Contractor’s acceptance of such work as suitable to receive the Contractor’s work; provided, however, that the Contractor shall not be responsible for defects which develop after such inspection and which could not have been reasonably detected or foreseen.

20.0 METHODS OF FIELD OPERATION

The Contractor shall inform the City in advance as to the Contractor’s plans for carrying out each part of the fieldwork. Review by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility therefor, and such review shall not be considered as an assumption of any risk or liability by the City or any officer, agent, or employee thereof. The Contractor shall have no claim because of the failure or inefficiency of any plan or method so reviewed.

Any method of work suggested by the City, but not specified, shall be used at the risk and responsibility of the Contractor, and the City shall have no responsibility therefor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods.

The Contractor shall comply with all applicable requirements of federal, state, and local codes and of all other authorities having jurisdiction over its work.

The Contractor shall be solely and completely responsible for conditions related to Contractor’s work including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. The City shall not be responsible for reviewing the adequacy of the Contractor’s safety measures in, on, or near the construction site, and the Contractor shall be solely responsible for the adequacy of such measures.

21.0 LINES AND GRADES

All work shall be done to the lines, grades, and elevations indicated on the drawings. The Contractor shall provide suitable equipment and competent workers who shall locate and lay out the work.

The Contractor shall provide experienced instrument survey personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete survey, layout, and measurement work.

In addition, the Contractor shall furnish, without charge, competent persons and such tools, stakes and other materials as the City may reasonably require in establishing or designating control points, in establishing construction easement boundaries, or in checking survey layout and measurement work performed by the Contractor.

Basic horizontal and vertical control points will be established or designated by the City. These points shall be used as datum for work under this Contract.

The Contractor shall keep the City informed, within a reasonable time not less than two (2) working days in advance of the times and places at which the Contractor wishes to do work, so that any checking of horizontal and vertical control points deemed necessary by the City may be done with minimum inconvenience to the City and minimum delay to the Contractor.

Any work done without being properly located may be ordered removed and replaced at the Contractor’s expense.

22.0 PRESERVATION OF MONUMENTS AND STAKES

The Contractor shall carefully preserve all monuments, benchmarks, property pins, reference points, and stakes. The Contractor shall be charged with the expense of replacement of any such items destroyed and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until they can be properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks, but actual replacement shall be done by a licensed surveyor.

23.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY FOR DAMAGES

The Contractor shall be accountable for any damages resulting from its operations. The Contractor shall be fully responsible for the protection of all persons including members of the public, employees of the City, and employees of other contractors or subcontractors, and all public and private property.

The Contractor is responsible for any damage to existing structures, work materials, or equipment resulting from the Contractor’s operations and shall repair or replace any damaged structures, work materials, or equipment to the satisfaction of, and at no additional cost to, the City.

The Contractor is responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property that may be caused by transporting equipment, materials, or personnel to or from work. The Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement.

The Contractor shall give reasonable advance notice to the owners of public or private property and utilities when such property and utilities are susceptible to injury, damage, or restricted access through the performance of the work and shall make all necessary arrangements with such owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall provide such advance notice in a manner acceptable to the City.

24.0 EMERGENCY PROTECTION

Whenever, in the opinion of the City, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under the Contract or of adjacent structures or property, and whenever, in the opinion of the City, an emergency has arisen and immediate action is considered necessary, then the City, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost of such work and material shall be borne by the Contractor and, if the same is not paid on presentation of the bills therefore, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage that may occur.

25.0 FORCE MAJEURE

Notwithstanding anything contained herein to the contrary, in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, riot, terrorist attack, war, illegality, or any other cause beyond the control of the parties hereto prevents or delays performance by either party, such party shall be relieved of the consequences thereof without liability, so long as and to the extent that performance is prevented by such cause; provided, however, that such party shall exercise due diligence in its efforts to resume performance as soon as practicable.

26.0 CHARACTER OF WORKERS

The Contractor shall employ only workers who are competent to perform the work assigned to them and, in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work.

27.0 PREFERENCE IN EMPLOYMENT OF COLORADO LABOR

The Contractor hereby covenants and agrees that, pursuant to C.R.S. § 8-17-101, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the Project or public works expected to exceed five hundred thousand dollars ($500,000.00) in the aggregate for any fiscal year.