2024.09.09 CCBWQAContractDocuments_East Shade Shelters - signed.pdf

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CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

Prepared for:

CHERRY CREEK BASIN WATER QUALITY AUTHORITY

September 2024

CONTRACT DOCUMENTS APPROVALS

Prepared for and approved by:

Cherry Creek Basin Water Quality Authority P.O. Box 3166 Member of the CCBWQA Executive Committee Centennial, Colorado 80161

(303) 968-9098

Elysa Loewen, Loewen Engineering, Inc.

Pollution Abatement Project Manager

Michelle Seubert, Colorado Parks and Wildlife

Park Manager

Elysa Loewen (Sep 10, 2024 13:32 MDT) Elysa Loewen

John McCarty (Sep 10, 2024 14:28 MDT) https://adobecancelledaccountschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAV-FLJac-IRgZku7BMNtRO6Y5rtWH0SI6 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAV-FLJac-IRgZku7BMNtRO6Y5rtWH0SI6 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAV-FLJac-IRgZku7BMNtRO6Y5rtWH0SI6 i

TABLE OF CONTENTS

00 11 16 INVITATION TO BID

00 21 13 INSTRUCTIONS TO BIDDERS

SECTION 00 30 00 AVAILABLE PROJECT INFORMATION

00 31 32 HISTORIC WATER SURFACE ELEVATIONS

00 31 32 GEOTECHNICAL DATA

SECTION 00 40 00 PROCUREMENT FORMS

00 41 00 BID FORM

00 41 43 UNIT PRICE BID SCHEDULE

00 43 13 BID E-BOND

SECTION 00 50 00 CONTRACTING FORMS

00 51 00 NOTICE OF AWARD

00 52 00 AGREEMENT

00 55 00 NOTICE TO PROCEED

SECTION 00 60 00 PROJECT FORMS

00 61 13 PAYMENT BOND

00 61 14 PERFORMANCE BOND

00 62 13 LETTER OF DAMAGE GUARANTEE

00 62 16 INSURANCE CERTIFICATES

00 63 36 FIELD ORDER FORM

00 63 63 CHANGE ORDER FORM

00 65 11 LETTER OF FINAL ACCEPTANCE

00 65 2 CONTRACTOR STATEMENT CONCERNING CLAIMS

00 65 25 WITHDRAWAL OF STATEMENT OF CLAIM

00 65 33 NOTICE OF FINAL PAYMENT

00 65 36 FINAL RECEIPT

SECTION 00 72 00 GENERAL CONDITIONS

01 SCOPE 36

02 DEFINITIONS 36

03 THE AGREEMENT, DRAWINGS, AND SPECIFICATIONS

04 AUTHORITY OF THE MANAGER

05 ENGINEER 41

06 CONSTRUCTION MANAGER

07 LAND AND RIGHTS-OF-WAY

08 SUGGESTIONS TO CONTRACTOR

09 GENERAL SERVICE AND FACILITIES REQUIREMENTS

10 SAFETY OF PUBLIC AND WORKERS

11 SUBCONTRACTING

12 PROGRESS PAYMENTS TO CONTRACTOR

13 ADDITIONAL WITHHOLDING OF PROGRESS PAYMENTS

14 PARTIAL ACCEPTANCE OF WORK

15 INSURANCE

16 CONTRACT SECURITY (PAYMENT AND PERFORMANCE BONDS)

17 ASSIGNMENTS

ii

18 INDEMNIFICATION

19 COMPLIANCE WITH ENVIRONMENTAL PROTECTION, ENERGY CONSERVATION, AND

HEALTH/SAFETY RULES AND REGULATIONS

20 TAXES and FEES

21 LIQUIDATED DAMAGES

22 TERMINATION OF AGREEMENT BY OWNER

23 NO WAIVER OF RIGHTS

24 NO DISCRIMINATION IN EMPLOYMENT

25 INTENTIONALLY DELETED

26 HAZARDOUS ENVIRONMENTAL CONDITION ON SITE

27 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

28 UNDERGROUND FACILITIES

29 APPLICABLE LAWS

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS

90 PERMITS 58

SECTION 00 73 91 SUMMARY OF WORK

SECTION 00 73 92 PROJECT UTILITIES

SECTION 00 73 93 PROJECT MEETINGS

SECTION 00 73 94 SPECIAL PROJECT PROCEDURES

SECTION 00 73 95 REFERENCE STANDARDS

SECTION 00 73 96 INSPECTION AND MATERIALS TESTING

SECTION 00 73 97 OWNER FIELD OFFICES

SECTION 00 73 98 TRAFFIC CONTROL

SECTION 00 73 99 PRODUCT DELIVERY, STORAGE, AND HANDLING

SECTION 00 90 00 REVISIONS AND MODIFICATIONS

00 91 13 ADDENDA

ITEM SUB-SECTION

OR ARTICLE

DIVISION 01: GENERAL REQUIREMENTS1

SITE CONDITIONS 01 13 00

USE OF SITE 01 14 19

SUBSTITUTION PROCEDURES 01 25 00

CONTRACT MODIFICATION PROCEDURES 01 26 00

PAYMENT PROCEDURES 01 29 00

CONSTRUCTION PROGRESS DOCUMENTATION 01 32 00

SCHEDULING OF WORK 01 32 13

SUBMITTAL PROCEDURES 01 33 00

TEMPORARY TREE AND PLANT PROTECTION 01 56 39

TEMPORARY ENVIRONMENTAL CONTROLS 01 57 19

PROJECT SIGN 01 58 00

MOBILIZATION 01 71 13

FIELD ENGINEERING AND SURVEYING 01 71 23

CLOSEOUT PROCEDURES 01 77 00

1 Current versions of Divisions 01 to 33 of the Standard Technical Specifications can be downloaded from the Mile High Flood District’s website at www.mhfd.org.

iii

ITEM SUB-SECTION

OR ARTICLE

DIVISION 02: EXISTING CONDITIONS

SELECTIVE SITE DEMOLITION 02 41 13

DIVISION 03: CONCRETE

CONCRETE FORMING 03 11 00

CONSTRUCTION JOINTS 03 15 00

DIVISION 03: CONCRETE (CONTINUED)

WATERSTOPS 03 15 13

REINFORCING STEEL 03 21 00

STRUCTURAL CONCRETE 03 31 00

SCULPTED CONCRETE 03 31 01

CONCRETE FINISHING 03 35 00

CONCRETE CURING 03 39 00

GROUTING 03 60 00

DIVISION 05: METALS

METAL RAILINGS 05 52 00

DIVISION 07: THERMAL AND MOISTURE PROTECTION

CONCRETE WATER REPELLENT 07 19 00

MANHOLE PREFORMED JOINT SEALS 07 91 00

SEALANTS 07 92 00

DIVISION 09: FINISHES

STRUCTURAL CONCRETE COATING 09 91 00

DIVISION 31: EARTHWORK

CLEARING AND GRUBBING 31 11 00

TOPSOIL & WETLAND TOPSOIL STRIPPING & STOCKPILING 31 14 13

EXCAVATION AND FILL 31 23 00

DEWATERING 31 23 19

FLOWABLE FILL 31 23 23

TRENCHING AND BACKFILLING 31 23 33

EROSION AND SEDIMENT CONTROLS 31 25 00

RIPRAP, BOULDERS, AND BEDDING 31 37 00

GROUTED BOULDERS 31 37 19

STEEL SHEET PILES 31 62 16

DIVISION 32: EXTERIOR IMPROVEMENTS

AGGREGATE BASE COURSE 32 11 23

CRUSHER FINES SURFACING 32 15 40

STABILIZED CRUSHER FINES SURFACING 32 15 41

SIDEWALKS, CURBS AND GUTTERS 32 16 00

FENCES AND GATES 32 31 00

PEDESTRIAN AND LIGHT VEHICLE BRIDGES 32 34 00

IRRIGATION 32 80 00

TOPSOIL AND WETLAND TOPSOIL 32 91 13

SEEDING 32 92 19

LANDSCAPE PLANTING 32 93 00

SOIL BIOENGINEERING OR SHORELINE STABILIZATION 32 93 43

iv

ITEM SUB-SECTION

OR ARTICLE

DIVISION 33: UTILITIES

MANHOLES 33 05 13

REINFORCED CONCRETE PIPE 33 41 00

HIGH DENSITY POLYETHYLENE PIPE 33 41 01

SPIRAL RIBBED ALUMINIZED STEEL PIPE 33 41 02

POLYVINYL CHLORIDE PIPE 33 41 03

SUBDRAINAGE 33 46 00

(1)

00 11 16

INVITATION TO BID

Date: September 12, 2024

Electronic bids (“BIDs”) for the above-referenced PROJECT will be received by Cherry Creek Basin Water Quality Authority by 10:00AM on October 18th, 2024, and will be opened and recorded (BID OPENING). Any BID(s) received after the above-specified time and date will not be considered. BIDs will be submitted through the Rocky Mountain E-Purchasing website (https://www.bidnetdirect.com/colorado; “BidNet”) as more specifically defined below.

CONTRACT DOCUMENTS, complete with construction DRAWINGS and SPECIFICATIONS, will be available on https://www.bidnetdirect.com/colorado/cherrycreekwat. Bidders that have registered with BidNet for this PROJECT (the “plan holder list”) will receive project addenda and other communication via BidNet.

Acknowledgement of all addenda is required to submit a responsive BID.

BID(s) will be rejected if the CONTRACTOR's name is not on BidNet’s plan holders list, which verifies the purchase of CONTRACT DOCUMENTS.

No BIDDER prequalification is required for this PROJECT. However, upon evaluation of BID(s), the apparent low BIDDER must be prepared to demonstrate BIDDER’s qualifications by submitting evidence to OWNER such as financial data, previous experience, authority to conduct business in the jurisdiction where the PROJECT is located, and other requirements as may be specified in the CONTRACT DOCUMENTS.

The required security, 5% of the BID, must be submitted electronically on BidNet. E-bond and electronic funds transfer (EFT) submissions are accepted by CCBWQA through BidNet. The Bid Bond must be executed by a surety acceptable to CCBWQA.

BIDDER(s) are invited to attend a pre-bid conference onsite at 2:00 pm September 18th, 2024, At the Cherry Creek State Park East Boat Ramp Parking Lot. A link to the google map location is included below:

https://maps.app.goo.gl/CJY7E1aJLcV17jMTA

OWNER reserves the right to reject any or all BID(s) and to waive informalities in the BID(s).

A general statement of WORK is as follows:

Description of WORK:

The goal of the East Shade Shelters Shoreline Stabilization Project (Project) is to reduce the discharge of phosphorus and other contaminants into the Chery Creek Reservoir, located in Arapahoe County, through the means and methods of shoreline stabilization.

Location: Cherry Creek State Park at the East Shade Shelter

Estimated Construction Cost Range: $572,604.00 to $791,000.00.

OWNER:

(2)

By:

(Signature)

Name:

Title:

Publication Dates: September 12, 2024 September 19, 2024 Published In: The Greenwood Villager

The Douglas County News Press

(3)

00 21 13

INSTRUCTIONS TO BIDDERS

These instructions constitute a part of the CONTRACT DOCUMENTS and are given for the purpose of guiding the BIDDER(s) in properly preparing the BID. BIDDER(s) must prepare the BID in strict compliance with all of the requirements of the CONTRACT DOCUMENTS and in accordance with the following instructions:

201 BID

Each BID must include and be made on the forms provided in SECTION 00 40 00, PROCUREMENT FORMS.

Neither CCBWQA, Cherry Creek State Park, nor the Project Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets on CONTRACT DOCUMENTS, including

PROCUREMENT FORMS.

202 QUALIFICATIONS OF BIDDER

If at the option of OWNER, BIDDER is required to demonstrate BIDDER’s qualifications for the PROJECT, then BIDDER must be prepared to submit, within five (5) days of OWNER’s request, written evidence such as financial data, previous experience, written evidence that BIDDER will be able to obtain the bonds and insurance as required by the CONTRACT DOCUMENTS, and evidence of authority to conduct business in the jurisdiction where the PROJECT is located.

203 COMPLETION AND SIGNING OF BID

BID must be legibly written in ink or typeface and must cover all of the items of WORK called for therein and no others. All of the blank spaces in the BID must be properly completed. BIDDER must sign the BID with BIDDER’s usual signature and give a complete business address. BID(s) by corporations must be signed with the name of the corporation followed by the signatures and designations of the President and Secretary (or other person authorized to bind it in the matter) and must have the corporate seal affixed thereto.

204 ADDENDA

BIDDER must acknowledge the receipt of all ADDENDA on the BID, in the place provided, and include it with the BID. There will be at least one ADDENDUM, which will include the Prebid Conference minutes.

205 ACCEPTABILITY OF BID

No BID will be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to OWNER upon any debt or contract or that is a defaulter, as surety or otherwise, upon any obligation to OWNER, or that is deemed irresponsible or unreliable by OWNER or PROJECT co-sponsors as defined in the

CONTRACT DOCUMENTS.

206 INFORMAL AND UNBALANCED BID

Any alteration, insertion, or erasure by BIDDER in the form of the CONTRACT DOCUMENTS, as originally prepared by ENGINEER or OWNER and attached hereto, will render the accompanying BID informal and may constitute cause for rejection. Any BID that, in the opinion of OWNER, is unbalanced so that each item does not reasonably carry its own proportion of cost, or that contains inadequate or unreasonable prices for any item, may be rejected.

(4)

207 ONLY ONE BID ACCEPTED

OWNER shall accept only one (1) BID for the same WORK from any one BIDDER. This includes BID(s) that may be submitted under different names by one firm or corporation.

208 BID SECURITY

Each BID must, as a guarantee of good faith on the part of BIDDER, be accompanied by a BID SECURITY. The required security must be submitted on BidNet. E-bond and Electronic Funds Transfer submissions are accepted by CCBWQA through BidNet. The BID BOND Form included as SECTION 00 43 13 may be used. If the BID of a BIDDER is accepted and a contract awarded and said BIDDER fails to enter into a contract in the form prescribed and to furnish a PERFORMANCE BOND with a legally responsible and approved surety within thirty

(30) days after such award is made by OWNER, said BID SECURITY will be forfeited to OWNER as liquidated damages.

209 RETURN OF BID SECURITY

As soon as BID prices have been compared, the BID SECURITY of all except the three lowest BIDDER(s) will be returned within thirty (30) days after the BID OPENING. When a contract is awarded and the successful BIDDER executes the AGREEMENT and submits satisfactory BOND(s), the BID SECURITY of all BIDDER(s) will be returned to them within thirty (30) days from date the AGREEMENT is executed, unless otherwise specified in the CONTRACT DOCUMENTS.

210 SITE INSPECTION AND INVESTIGATIONS

Prior to submitting a BID, BIDDER(s) must inspect the WORK Site and its surroundings. It will be conclusively presumed that the inspection of the Site has been made by the submittal of a BID.

DRAWINGS and SPECIFICATIONS, defining the WORK, were prepared on the basis of interpretation by ENGINEER of information derived from investigations of the WORK Site. Such information and data are subject to sampling errors, and the interpretation of the information and data depends to a degree on the judgment of ENGINEER. In view of this, BIDDER is invited to make additional investigations. Information about the degree of difficulty of the WORK to be done cannot totally be derived from either the DRAWINGS and SPECIFICATIONS or from ENGINEER or ENGINEER’s representatives.

Subject to the provisions of SECTION 01 13 00, SITE CONDITIONS, BIDDER assumes the risk attendant to successful performance of the WORK at the amount of the BID and may not make any claim for additional payment(s) or time extension(s) on the grounds that the nature or amount of WORK to be done was not understood by BIDDER when submitting the BID.

211 INCONSISTENCIES AND INTERPRETATIONS

Any inconsistencies between different provisions of the CONTRACT DOCUMENTS or any point requiring explanation must be inquired into by BIDDER, in writing, to OWNER at least five (5) days, excluding Saturdays, Sundays, and holidays, prior to the time set for the opening of the BID. A copy of the decision or interpretation will be distributed only to those who have registered their contact information with OWNER. After BID(s) are opened, all BIDDER(s) must abide by the decision of OWNER as to such interpretation.

If the decision or interpretation requires that ADDENDA to the CONTRACT DOCUMENTS be issued, such ADDENDA will be distributed only to those who have registered their contact information with OWNER. Each BIDDER must acknowledge the ADDENDA in the BID.

(5)

Only those interpretations, clarifications, and explanations issued in writing by OWNER, either by ADDENDA or by a formal written decision, will be binding. Oral or other interpretations, clarifications, or explanations will be without legal effect.

212 WITHDRAWAL OF BID

A BID may be withdrawn by BIDDER at any time prior to the published date and time of BID OPENING as set forth in the INVITATION TO BID. After the BID opening, no BID can be withdrawn or modified. Security provided by the withdrawn BIDDER will be returned based on the schedule in Section 209, above.

213 BID OPENING

OWNER will open and record all BID(s) submitted in accordance with these Contract Documents on the date identified in the Invitation to Bid.

214 AWARD OF CONTRACT

OWNER reserves the right to award a contract at any time within sixty (60) days from the date of the opening of BID(s) unless otherwise specified in the CONTRACT DOCUMENTS. OWNER further reserves the right to reject any and all BID(s) and waive any and all informalities, and the right to disregard all non-conforming or conditional BID(s) or counter BID(s).

In evaluating the BID, OWNER may consider the qualifications of BIDDER and shall consider whether or not the BID complies with the prescribed requirements, and alternates and unit prices if requested in the BID. OWNER may also consider the qualifications and experience of SUBCONTRACTOR(s) 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 SUBCONTRACTOR(s) and other persons and organizations must be submitted as specified on the BID. OWNER shall conduct such investigations, as it deems necessary to establish the responsibility, qualifications, and financial ability of BIDDER, SUBCONTRACTOR(s) and other persons and organizations to do the WORK in accordance with the CONTRACT DOCUMENTS to OWNER’s satisfaction within the prescribed time. OWNER reserves the right to reject the BID of any BIDDER who does not pass any such evaluation to OWNER’s satisfaction.

If a contract is to be awarded, it will be awarded to the lowest responsible BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the PROJECT. If a contract is to be awarded, OWNER shall give the apparent successful BIDDER a NOTICE OF AWARD within sixty (60) days after the day of the BID OPENING.

215 TAXES and FEES

All sales of construction and building materials to CONTRACTOR(s) and SUBCONTRACTOR(s) for use in the PROJECT are exempt from applicable State and local sales and use taxes and no such taxes shall be charged to or paid by OWNER.

Fees imposed by applicable entities with jurisdiction within the OWNER’s boundary shall be paid and may be reimbursed by OWNER, with no mark-up by the CONTRACTOR or SUBCONTRACTOR.

216 REJECTION OF BID

If, at a minimum and without limitation, any of the below-listed items are encountered, then the BID may be deemed an unacceptable BID and may be rejected by OWNER.

(6)

1. BIDDER(s) name is not on the plan holders list;

2. BID is missing any of the pages in SECTION 00 40 00; PROCUREMENT,

3. BID not signed by an authorized person of the corporation or company;

4. Receipt of ADDENDA not acknowledged by BIDDER on the BID;

5. BID not accompanied by acceptable BID SECURITY;

6. BID submitted by a CONTRACTOR currently prohibited from bidding on OWNER’s projects.

END OF SECTION

(7)

SECTION 00 30 00

AVAILABLE PROJECT INFORMATION

Including:

00 31 32 HISTORIC WATER SURFACE ELEVATIONS

00 31 32 GEOTECHNICAL DATA

(8)

00 31 32

HISTORIC WATER SURFACE ELEVATIONS

Historic water surface data in Cherry Creek Reservoir is available on the State of Colorado Department of Water Resources website (https://dwr.state.co.us/Tools/Stations). The Station ID for Cherry Creek Reservoir is CHRRESCO. CONTRACTOR may, in its sole discretion, rely upon the general accuracy of the data, which OWNER believes is accurate, but CONTRACTOR understands that the data is not supplied by OWNER and is not in any way guaranteed by OWNER to be accurate. The data itself is not a part of the CONTRACT DOCUMENTS. CONTRACTOR may not make any claim against OWNER, ENGINEER, or any of ENGINEER's agents, employees, or consultants based upon the data or with respect to any information or direction contained therein.

(9)

00 31 32

GEOTECHNICAL DATA

No geotechnical investigation report is available for this project.

(10)

SECTION 00 40 00

PROCUREMENT FORMS

00 41 00 BID FORM

00 41 43 UNIT PRICE BID SCHEDULE

00 43 13 BID BOND

(11)

00 41 00

BID FORM

BID of _____________________________ (hereinafter called “BIDDER”), organized and existing under the laws of the State of ___________, doing business as ____________________________, (Corporation, Partnership, Individual).

In conformity with the CONTRACT DOCUMENTS, listed in Paragraph 5 of the AGREEMENT between OWNER and CONTRACTOR:

(I)(We) hereby certify that this BID is made and submitted without fraud or collusion with any other person, firm, or corporation whatsoever; that an examination has been made of the Site, of the WORK and the AGREEMENT form, together with the CONTRACT DOCUMENTS for the improvement.

(I)(We) understand that the quantities of WORK shown herein are approximate only and are subject to increase or decrease; are to be performed at the unit prices shown on the attached schedule; and that, at the time of opening BID(s) comparison of BID(s) will be based on the correct summation of item totals obtained from the unit prices

BID.

(I)(We) understand Proposals must be received electronically on BidNet no later than the Bid Deadline. Proposals will be time-stamped by BidNet upon receipt. CCBWQA will only accept proposals submitted on BidNet and will not accept hardcopy proposals, or proposals submitted by any other means.

(I)(We) understand that questions about BidNet should be directed to BidNet support at 800-835-4603 or at https://www.bidnetdirect.com/ and that after uploading proposal documents to BidNet, you must click the SUBMIT button. CCBWQA will not accept uploads that are “saved” but not “submitted”. To verify that your proposal was submitted successfully, you may contact BidNet support or verify via the Bid Management tab in your account that the documents are not in “draft” status. No proposal will be considered which has not been received by the Bid Deadline set forth in the invitation to bid, as determined by CCBWQA. CCBWQA is not responsible for delays occasioned by any means of delivery employed or technical difficulties caused by BidNet or any other entity or source.

(I)(We) propose to furnish all necessary machinery, equipment, tools, labor, and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all in accordance with the terms of the

CONTRACT DOCUMENTS.

(I)(We) further propose to do all extra work that may be required to complete the contemplated improvement, at unit prices, lump sums, or time and materials to be agreed upon in writing prior to starting such WORK.

(I)(We) further propose to execute the AGREEMENT and BOND(s) within ten (10) days after receiving written

NOTICE OF AWARD.

(I)(We) further propose to perform all WORK in accordance with the CONTRACT DOCUMENTS and in a good and workmanlike manner, and to renew or repair any WORK that may be rejected due to defective materials or workmanship, prior to final completion and acceptance of the PROJECT by OWNER.

BIDDER hereby agrees to commence WORK under this AGREEMENT on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the WORK required of it in the CONTRACT DOCUMENTS

(12) within the PROJECT TIME identified in the CONTRACT DOCUMENTS, unless the period for completion is extended otherwise by an ADDENDUM or CHANGE ORDER.

BIDDER acknowledges receipt of the following ADDENDA:

No. _____, dated ________________, 20_____ No. _____, dated ________________, 20_____ No. _____, dated ________________, 20_____ No. _____, dated ________________, 20_____ No. _____, dated ________________, 20_____ No. _____, dated ________________, 20_____

BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following unit prices or lump sum:

(13)

00 41 43

UNIT PRICE BID SCHEDULE

Bid Item

Description Total Qty

Unit Unit Price Total Cost

1 Clearing & Grubbing 1 LS

2 Remove Tree 8 EA

3 Remove Landscape Fabric 100 SY

4 Remove Riprap 3 CY

5 Unclassified Excavation w/Fill on Site 347 CY

6 Subgrade Preparation 10 CY

7 Landscape Grading 1.0 LS

8 North Staircase (Boulder) 1 LS

9 Temporary Irrigation 1 LS

Semi-Permanent Reveg Protection T-Post Fence WWF 224 LF

11 Live Willow Stakes 100 EA

12 Containerized Stock (Transplant Shrub) 50 EA

13 Stabilized Crusher Fines 4 CY

14 Riprap (9 inch) 60 CY

15 Riprap (12 inch) 16 CY

16 Riprap (18 inch) 258 CY

17 Boulder Bulkhead Wall 116 LF

18 Massive Rail Fence 254 LF

19 Wayfinding and Educational Signage 4 EA

20 Construction Surveying 1 LS

21 Mobilization 1 LS

22 Pedestrian Control 1 LS

23 Construction Fence 752 LF

24 Curb Sock 50 LF

25 Sediment Control Log 50 LF

26 Silt Fence 561 LF

27 Stabilized Staging Area 534 SY

28 Vehicle Tracking Control 1 EA

29 Tree Protection 335 LF

30 Erosion Control Blanket (Straw-Coconut) 816 SY

31 Seeding & Mulching (CPW Mix) 0.17 AC

Bid Total: _________________

(14)

TOTAL OF BASE BID: $_____________________________

(Numbers)

_________________________________________________________________________________ Dollars

(Words)

BIDDER STATES THAT:

1. MAJOR MATERIAL AND EQUIPMENT MATERIAL THEY WILL SUPPLY:

SUPPLIERS ARE:

2. MAJOR SUBCONTRACTORS ARE: WORK THEY WILL PERFORM:

ATTEST: CONTRACTOR:

(Signature) Company Name (Print)

Name: By:

(Print) (Signature)

Name:

(Print)

Title:

Address:

Date:

(15)

00 43 13

BID E-BOND

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, __________________________

_____________________________________________________________________ as BIDDER, and (Name and Address of BIDDER) __________________________________________________________________ as Surety, are hereby (Name and Address of Surety) held and firmly bound unto OWNER in the sum of five percent (5%) of BIDDER(s)’s total BID price, which sum it is specifically agreed is to be forfeited as liquidated damages in the event BIDDER(s) defaults in BIDDER’s obligation as herein specified, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

The Condition of the above obligation is such that whereas BIDDER(s) has submitted to OWNER a certain BID, attached hereto and hereby made a part hereof to enter an AGREEMENT in writing, for the construction of the above-referenced PROJECT.

NOW, THEREFORE,

(a) If said BID is rejected, or

(b) If said BID is accepted and BIDDER(s) executes and delivers an AGREEMENT in the Form of Agreement attached hereto (properly completed in accordance with said BID) and will furnish a BOND for faithful performance of said AGREEMENT, and for the payment of all persons performing labor or furnishing materials in connection therewith, all within ten (10) calendar days of OWNER’s NOTICE OF AWARD to BIDDER(s), then this obligation will be void, otherwise the same will remain in force and effect; it being expressly understood and agreed that this liability will be subject to forfeiture upon demand as liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND will be in no way impaired or affected by an extension of the time within which OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the ________________ day of _________________________, 20______.

BIDDER: SURETY:

By: By:

Attorney-in-Fact Name: Name:

(Print) (Print) Title: Title:

IMPORTANT -- Surety companies executing BOND(s) must appear on the United States Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado.

(16)

SECTION 00 50 00

CONTRACTING FORMS

00 51 00 NOTICE OF AWARD

00 52 00 AGREEMENT

00 55 00 NOTICE TO PROCEED

(17)

00 51 00

NOTICE OF AWARD

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

TO: ___________________________________

(CONTRACTOR)

You are hereby notified that your BID has been accepted for the BASE BID and Alternate(s) _________, in the amount of ________________________________________________ Dollars ($_________________).

You are required by the “INSTRUCTIONS TO BIDDERS” to execute the AGREEMENT and furnish the required CONTRACTOR’s PAYMENT AND PERFORMANCE BOND(s) and INSURANCE CERTIFICATES within ten (10) calendar days from the date of execution and delivery of this notice to you.

If you fail to execute said AGREEMENT and to furnish said BOND(s) within ten (10) days from the date of execution and delivery of this notice to you, said OWNER shall be entitled to consider all your rights arising out of OWNER’s acceptance of your BID as abandoned and as a forfeiture of your BID BOND. OWNER shall be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to OWNER within three business days from its receipt by you.

Dated this _______________ day of _________________________, 20______.

By:

(Signature) Name:

ACCEPTANCE OF NOTICE

Receipt of this NOTICE OF AWARD is hereby acknowledged this the ______________ day of _________________________, 20______.

CONTRACTOR:

Company Name (Print)

(Signature) Name:

(Print)

(18)

Acct. No.:

Acct No.

Amount:

00 52 00

AGREEMENT

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

THIS AGREEMENT, made this _______________ day of _______________________, 20______, by and between CHERRY CREEK BASIN WATER QUALITY AUTHORITY (hereinafter called “OWNER”) and

_________________________________________________________________, doing business as (Name of CONTRACTOR)

__________________________________________________, (hereinafter called “CONTRACTOR”) and (Corporation, Partnership, or Individual) collectively known as “PARTIES.”

WITNESSETH:

That for and in consideration of the payments and AGREEMENT(s) hereinafter mentioned:

1. CONTRACTOR shall commence and complete the improvements to the above-referenced PROJECT.

2. CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

3. CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten

(10) calendar days after the date of the NOTICE TO PROCEED and shall complete the same within one hundred and twenty (120) calendar days from the date of the NOTICE TO PROCEED unless the period for completion is extended otherwise by an ADDENDUM or CHANGE ORDER.

4. CONTRACTOR agrees to perform all of the WORK, which includes the BASE BID _________, described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of __________________________________________________ Dollars ($_______________).

5. The term “CONTRACT DOCUMENTS” and/or “AGREEMENT” means and includes the following:

SECTION 00 11 16 INVITATION TO BID

SECTION 00 21 13 INSTRUCTIONS TO BIDDERS

SECTION 00 30 00 AVAILABLE PROJECT INFORMATION

SECTION 00 40 00 PROCUREMENT FORMS

SECTION 00 50 00 CONTRACTING FORMS

SECTION 00 60 00 PROJECT FORMS

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SECTION 00 72 00 GENERAL CONDITIONS

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS

SECTION 00 90 00 REVISIONS AND MODIFICATIONS

DIVISION 01 GENERAL REQUIREMENTS

DIVISION 02 EXISTING CONDITIONS

DIVISION 03 CONCRETE

DIVISION 05 METALS

DIVISION 07 THERMAL AND MOISTURE PROTECTION

DIVISION 09 FINISHES

DIVISION 31 EARTHWORK

DIVISION 32 EXTERIOR IMPROVEMENTS

DIVISION 33 UTILITIES

DIVISIONS 02-05, 07, 09, 31-33 are Standard Technical Specifications and are to be downloaded from the Mile High Flood District’s website at www.mhfd.org. The Standard Technical Specifications included in this AGREEMENT represent the most current revision of each DIVISION as of the date on the signed AGREEMENT.

DRAWINGS (may also be referred to as PLANS)

6. OWNER shall pay to CONTRACTOR in the manner and at such times as set forth in the GENERAL CONDITIONS such amounts as required by the CONTRACT DOCUMENTS. OWNER represents that monies appropriated for the improvements are equal to or in excess of the CONTRACT PRICE.

7. Should CONTRACTOR fail to complete all WORK, as evidenced by OWNER’s issuance of a letter of final acceptance, within the CONTRACT TIME, CONTRACTOR shall be liable to OWNER for liquidated damages at the rate of Three Hundred Dollars ($300) per day as specified in Article 21 of the

GENERAL CONDITIONS.

8. This AGREEMENT will be binding upon all PARTIES hereto and their respective heirs, executors, administrators, successors, and assigns.

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(Signature)

Name

(Signature)

Name:

(Print)

Title:

City/County License No.:

Expiration Date:

Address:

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00 55 00

NOTICE TO PROCEED

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

TO: ____________________________________________

(CONTRACTOR)

In accordance with the AGREEMENT dated ____________________________________, 20______, you are hereby authorized to proceed with the WORK on ________________________________, 20______.

You are to complete the WORK within 120 consecutive calendar days thereafter. Therefore, the date of completion of all WORK is __________________________________, 20______.

You are required to return an acknowledged copy of this NOTICE OF PROCEED to OWNER within three business days from its receipt by you.

(Signature)

ACCEPTANCE OF NOTICE

Receipt of this NOTICE TO PROCEED is hereby acknowledged this the ______________ day of _________________________, 20_____.

(Signature)

Name:

(Print)

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SECTION 00 60 00

PROJECT FORMS

00 61 13 PAYMENT BOND

00 61 14 PERFORMANCE BOND

00 62 13 LETTER OF DAMAGE GUARANTEE

00 62 16 INSURANCE CERTIFICATES

00 63 36 FIELD ORDER FORM

00 63 63 CHANGE ORDER FORM

00 65 11 LETTER OF FINAL ACCEPTANCE

00 65 23 CONTRACTOR STATEMENT CONCERNING CLAIMS

00 65 25 WITHDRAWAL OF STATEMENT OF CLAIM

00 65 33 NOTICE OF FINAL PAYMENT

00 65 36 FINAL RECEIPT

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00 61 13

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of CONTRACTOR)

(Address of CONTRACTOR) a ________________________________________________, hereinafter called CONTRACTOR, and (Corporation, Partnership, or Individual)

(Name of Surety)

(Address of Surety) duly organized and doing business under and by virtue of the laws of the State of _________________, or regulated to do business within the State of Colorado, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the State of Colorado, hereinafter called Surety, are held and firmly bound unto

Cherry Creek Basin Water Quality Authority P.O. Box 3166 Centennial, Colorado 80161 hereinafter called OWNER in the penal sum of _____________________________________ Dollars ($________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, CONTRACTOR entered into a certain AGREEMENT with OWNER, dated the _______________ day of _________________________, 20______, a copy of which is hereto attached and made a part hereof for the construction of the above-referenced PROJECT.

NOW, THEREFORE, if CONTRACTOR shall promptly make payment to all persons, firms, SUBCONTRACTOR(s), and corporations furnishing material for or performing labor in the prosecution of the WORK provided for in such AGREEMENT, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK, whether by SUBCONTRACTOR(s) or otherwise, then this obligation will be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the AGREEMENT or to the WORK to be performed thereunder or the CONTRACT DOCUMENTS accompanying the same will in any way affect its obligation on

(24) this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the AGREEMENT or to the WORK or to the CONTRACT DOCUMENTS.

PROVIDED, FURTHER, that no final settlement between OWNER and CONTRACTOR will abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in one (1) part, which will be deemed the original, this the _______________ day of _________________________, 20______.

(SEAL) CONTRACTOR:

ATTEST:

By: By:

(Signature) (Signature)

Name: Name:

(Print) (Print)

(SEAL) SURETY:

By: By:

Surety Secretary (Signature) Attorney-in-Fact (Signature)

Name: Name:

(Print) (Print)

Title:

NOTE: Date of BOND must not be prior to date of AGREEMENT. If CONTRACTOR is Partnership, all partners should execute BOND.

Accompany this BOND with Attorney-in-Fact’s authority from the Surety to execute the BOND, certified to include the date of the BOND.

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00 61 14

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of CONTRACTOR)

(Address of CONTRACTOR) a _______________________________________________, hereinafter called CONTRACTOR, and (Corporation, Partnership, or Individual)

(Name of Surety)

(Address of Surety) duly organized and doing business under and by virtue of the laws of the State of __________________, or registered to do business within the State of Colorado, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertaking required or authorized by the State of Colorado, hereinafter called Surety, are held and firmly bound unto

Cherry Creek Basin Water Quality Authority P.O. Box 3166 Centennial, Colorado 80161 hereinafter called OWNER, in the penal sum of _________________________________________________ ____________________________________________________________ Dollars ($____________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, CONTRACTOR entered into a certain AGREEMENT with OWNER, dated the _______________ day of _________________________, 20______, a copy of which is hereto attached and made a part hereof for the construction of the above-referenced PROJECT.

NOW, THEREFORE, if CONTRACTOR shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said AGREEMENT during the original term thereof, and any extensions thereof which may be granted by OWNER, with or without notice to the Surety and during the one-year guaranty period, and if CONTRACTOR shall satisfy all claims and demands incurred under such AGREEMENT, and shall fully indemnify and save harmless OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay OWNER all outlay and expense which OWNER may incur in making good any default, then this obligation will be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the AGREEMENT or to WORK to be performed thereunder or the CONTRACT DOCUMENTS accompanying the same will in any way affect its obligation on

(26) this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the AGREEMENT or to the WORK or to the CONTRACT DOCUMENTS.

PROVIDED, FURTHER, that no final settlement between OWNER and CONTRACTOR will abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in one (1) part, which will be deemed the original, this the _______________ day of _________________________, 20______.

(SEAL) CONTRACTOR:

By: By:

(Signature) (Signature)

Name: Name:

(Print) (Print)

(SEAL) SURETY:

By: By:

Surety Secretary (Signature) Attorney-in-Fact (Signature)

Name: Name:

(Print) (Print)

Title:

NOTE: Date of BOND must not be prior to date of AGREEMENT. If CONTRACTOR is Partnership, all partners should execute BOND.

Accompany this BOND with Attorney-in-Fact’s authority from the Surety to execute the BOND, certified to include the date of the BOND.

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00 62 13

LETTER OF DAMAGE GUARANTEE

TO: Cherry Creek Basin Water Quality Authority P.O. Box 3166 Centennial, Colorado 80161

Date: ____________________________, 20______

In compliance with Article 15.04 of the GENERAL CONDITIONS, I (we) guarantee(s) that, until the WORK is accepted by OWNER under DIVISION 01: GENERAL REQUIREMENTS, SECTION 01 77 00, CLOSEOUT PROCEDURES, any WORK which is damaged in any way by any cause, including but not limited to damage due to floods, will be replaced at my (our) sole cost. This includes the entire above-referenced PROJECT, which is the subject of the AGREEMENT and includes completed WORK and WORK in progress.

(Signature)

Name:

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00 62 16

INSURANCE CERTIFICATES

(To Be Attached)

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00 63 36

FIELD ORDER FORM

Field Order No.:

CONTRACTOR: ___________________________________________________

CONTRACTOR is hereby directed to execute promptly this FIELD ORDER, which interprets the CONTRACT DOCUMENTS or orders minor changes in the WORK without change in the CONTRACT PRICE or the

CONTRACT TIME.

If CONTRACTOR considers that a change in the CONTRACT PRICE or the CONTRACT TIME is required, CONTRACTOR shall submit a CHANGE ORDER request to ENGINEER immediately and prior to proceeding with this WORK.

Description of interpretation of or change made to the CONTRACT DOCUMENTS (use attachment if necessary):

(ENGINEER or OWNER) DATE

(CONTRACTOR) DATE

Copies: Owner Engineer Local Sponsor

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00 63 63

CHANGE ORDER FORM

Change Order No.:

Change Order Date:

Account No.: 00-00-00000

File No.:

CONTRACTOR: ___________________________________________________

It is hereby mutually agreed that when this CHANGE ORDER has been signed by the contracting parties, the following described changes shall be executed by CONTRACTOR without changing the terms of the AGREEMENT, except as herein stipulated and agreed. OWNER represents that monies appropriated for the improvements are equal to or in excess of the CONTRACT PRICE including this CHANGE ORDER.

Description of change (use attachment if necessary) made to the AGREEMENT:

CONTRACTOR agrees this CHANGE ORDER represents the full and final adjustment of CONTRACT TIME and/or CONTRACT PRICE for this change. CONTRACTOR also agrees to furnish all materials and labor and to perform all WORK required to complete the above described changes in accordance with the requirements for similar WORK covered by the AGREEMENT, except as otherwise stipulated herein, for the following considerations:

01 Change to CONTRACT PRICE

Original CONTRACT PRICE $______________ Current CONTRACT PRICE adjusted by CHANGE ORDERS ___ through ___ $______________ The CONTRACT PRICE due to this CHANGE ORDER will be increased (decreased) by

The new CONTRACT PRICE including this CHANGE ORDER will be $______________

02 Change to CONTRACT TIME

Current AGREEMENT Completion Date _______________ The CONTRACT TIME will be increased (decreased) by ___ Calendar Days The date for completion of all WORK will be _______________

Approvals:

(ENGINEER) DATE (OWNER) DATE

(CONTRACTOR) DATE (OWNER) DATE

(OWNER) DATE (OWNER) DATE

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00 65 11

LETTER OF FINAL ACCEPTANCE

Date: _________________________, 20______

TO:

(CONTRACTOR)

This is to advise you that a final inspection of the above-referenced PROJECT has been made and all WORK and material was found to be satisfactory. Therefore, the PROJECT is considered to be complete in accordance with the approved CONTRACT DOCUMENTS.

In accordance with SECTION 01 77 00, CLOSEOUT PROCEDURES, of DIVISION 01: GENERAL REQUIREMENTS, all guarantee periods will begin as of the date of this letter.

(Signature)

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00 65 2

CONTRACTOR STATEMENT CONCERNING CLAIMS

EAST SHADE SHELTER SHORELINE STABILIZATION PROJECT

CONTRACTOR under that certain AGREEMENT dated _______________________________, 20______, by and between OWNER and said CONTRACTOR for construction of the above-referenced PROJECT states, represents and warrants that CONTRACTOR has fully completed all construction included in the AGREEMENT and all authorized CHANGE ORDERS thereto; and has fully paid for all materials, equipment, supervision, labor, services, taxes, use of equipment, and all other costs and expenses of the construction; and that there are no disputes, claims or liens against OWNER, CONTRACTOR, or any SUBCONTRACTOR of CONTRACTOR;

and that CONTRACTOR shall have no claims against OWNER of any kind whatsoever arising from or growing out of the AGREEMENT, except as follows:

Claimant Description of Claim Amount

(Signature)

Name:

(Print)

Title:

STATE OF COLORADO )

) SS.

COUNTY OF )

____________________________, being first duly sworn, on oath deposes and states: that they are the _______________________ of the aforesaid CONTRACTOR, that they make this affidavit for and on its behalf and is authorized so to do, that they have read the foregoing Statement Concerning Claims and have personal knowledge of the facts contained therein and acknowledges said Statement Concerning Claims to be the free and voluntary act and deed of CONTRACTOR for the purpose of obtaining final payment under the AGREEMENT described herein, that they were authorized to execute the same for and on behalf of CONTRACTOR and that said Statement Concerning Claims is true and correct.

Subscribed and sworn before me this _______________ day of _________________________, 20______.

[SEAL]

NOTARY PUBLIC

State of

My Commission Expires:

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00 65 25

WITHDRAWAL OF STATEMENT OF CLAIM

TO: Cherry Creek Basin Water Quality Authority P.O. Box 3166 Centennial, Colorado 80161

BOND COMPANY CONTRACTOR:

Company Name (Print) Company Name (Print)

Address Address and to whom it may concern:

YOU ARE HEREBY NOTIFIED that the Statement of Claim dated ________________________, 20______ in the amount of $___________ and previously filed with Cherry Creek Basin Water Quality Authority by _____________________________ in regard to the above-referenced PROJECT, is hereby withdrawn WITH PREJUDICE effective immediately.

Dated at __________________, Colorado this _______________ day of _________________________, 20______.

Claimant:

(Signature)

Name:

(Print)

Title:

STATE OF COLORADO )

) SS.

COUNTY OF )

_______________________________, being first duly sworn on oath, deposes and states: that they are the _____________________________________ of the Corporation, Partnership, or Individual named as claimant in the foregoing Withdrawal of Statement of Claim, and the person who executed the said Withdrawal of Statement of Claim on behalf of said Corporation, Partnership or Individual, and that all of the statements contained herein are true.

Subscribed and sworn before me this _______________ day of _________________________, 20______.

[SEAL]

NOTARY PUBLIC

State of

My Commission Expires:

cc: CONTRACTOR Bond Company

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00 65 33

NOTICE OF FINAL PAYMENT

Notice is hereby given that at ____________ (a.m./p.m.) on ______________________________, 20______, pursuant to C.R.S. § 38-26-107, Cherry Creek Basin Water Quality Authority shall make final payment to (CONTRACTOR’s name and address) in connection with full payment for all services rendered, materials furnished and for all labor performed in and for the above-referenced PROJECT.

1. Any person, co-partnership, association of persons, company or corporation that has an unpaid claim against the said PROJECT for or on account of the furnishing of labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such CONTRACTOR or any SUBCONTRACTOR in or about the performance of said WORK contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the WORK whose claim therefore has not been paid by the CONTRACTOR or the SUBCONTRACTOR may at any time up to and including said time of such final settlement file a verified statement of the amount due and unpaid on account of such claim.

2. All such claims will be filed with Cherry Creek Basin Water Quality Authority, c/o Elysa Loewen, 7388

S. Revere Parkway (Unit 601), Centennial, CO 80112, on or before the above-mentioned date and time of final settlement.

3. Failure on the part of a creditor to file such statement prior to such final settlement will relieve Cherry

Creek Basin Water Quality Authority from any and all liability for such claim.

First Publication:

Last Publication:

Published in: The Greenwood Villager

The Douglas County News Press

(Signature)

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00 65 36

FINAL RECEIPT

Date: _________________________, 20______

Received this date from OWNER, as full and final payment of the cost of the improvements provided for in the CONTRACT DOCUMENTS for the above-referenced PROJECT in the amount of _________________________________________________________________________________ Dollars ($____________) in cash, being the remainder of the full amount accrued to the undersigned by virtue of said AGREEMENT; including full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto.

The undersigned waives any existing or future claims, demands, controversies, actions, and causes of action, obligations, damages, liabilities, costs, including attorneys’ fees, which it has or may have against the OWNER, which arise or may arise in connection with the PROJECT or the CONTRACT DOCUMENTS.

The undersigned understands and agrees that it is hereby fully and finally releasing the OWNER from all unknown and/or unanticipated injuries, losses, or damages, arising out of the matters relating to the CONTRACT DOCUMENTS or the PROJECT as well as from those now known or disclosed, and the undersigned hereby waives all rights and benefits which it now has or in the future may have.

And these presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing AGREEMENT have been paid in full.

(Signature)

Name:

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SECTION 00 72 00

GENERAL CONDITIONS

01 SCOPE

These GENERAL CONDITIONS consist of general items of information and requirements needed for the many and varied construction contracts of OWNER. The intent of this part of the CONTRACT DOCUMENTS is to provide for a body of information and directions to CONTRACTOR, which will decrease the chances for misunderstanding between CONTRACTOR and OWNER.

02 DEFINITIONS

Wherever used in the CONTRACT DOCUMENTS, the following terms will have the meanings indicated which will be applicable to both the singular and plural thereof:

• AGREEMENT - the legal contract between CONTRACTOR and OWNER.

• BID(s) - The offer or BID of BIDDER(s) submitted on the prescribed form setting forth the prices for the

WORK to be performed.

• BIDDER(s) - Any person, firm, or corporation submitting a BID for the WORK.

• ADDENDA - That part of the CONTRACT DOCUMENTS, which contains instructions, issued to clarify, revise, add, or delete bidding terms and requirements. The ADDENDA is issued during bidding.

• BID SECURITY – Either an E-Bond or electronic fund transfer, pursuant to the requirements stated in the

INVITATION TO BID.

• BOND(s) – BID, PERFORMANCE BOND, PAYMENT BOND, and other instruments of security, furnished by CONTRACTOR and the surety in accordance with the CONTRACT DOCUMENTS.

• CHANGE ORDER - A written order to CONTRACTOR authorizing an addition, deletion, or revision in the WORK the…