8-Attachment B - Boulder County Trail Repair Specifications Sample.pdf

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Attached to
Boulder Canyon Trail Repair Project
Solicitation number
BID-326-26
Issued by
Boulder County, Colorado

About this file

This document comprises the construction specifications and bid schedule for the Boulder Canyon Trail Repair Project, issued by Boulder County Parks & Open Space (BCPOS) in October 2026. The project involves the repair and reconstruction of a damaged segment of the Boulder Canyon Trail located downstream of the intersection of Highway 119 and Fourmile Canyon Drive near the Highway 119 trail underpass. The scope of work includes addressing substantial scour and void conditions beneath the finished trail surface, reconstructing a compromised creekside slope protection wall, and incorporating protective measures for two existing City of Boulder waterlines located beneath and through the project area. The bid schedule contains 28 line items spanning general construction, earthwork and subgrade preparation, rockwork, geotextile placement, erosion and sediment controls, clearing and grubbing, traffic control, surveying, and landscaping/seeding activities. The project anticipated start date is between December 2026 and January 2027, with submittals requiring approval prior to construction commencement. The contractor must provide a detailed construction schedule, water control plan, certificates of insurance, performance and payment bonds, traffic control plan, stormwater management plan, and equipment specifications at the pre-construction conference.

The bid schedule specifies unit prices for 28 distinct work items with quantities measured in various units including acres (AC), lump sum (LS), day rates (DAY), hours (HR), linear feet (LF), each (EA), square yards (SY), cubic yards (CY), and square feet of face area (SFF). Significant cost components include 0.02 acres of clearing and grubbing, 1 lump sum for traffic control, 40 day rates for courtesy shuttle service, 2,200 linear feet of sediment control logs, 195 square feet of boulder wall work, and 20 cubic yards of riprap. The contractor must obtain all required permits and licenses at its own expense and maintain workers' compensation insurance, employer's liability insurance, and comprehensive liability insurance with minimum coverage limits of $1,000,000 per occurrence for bodily injury and $600,000 per occurrence for property damage. Performance and payment bonds equal to the agreement price are required within 10 days of notice of award. A 5 percent retainage will be withheld from progress payments. The contract is governed by Colorado law, with venue in the county where the project is located. Environmental controls, including readily biodegradable hydraulic fluids for equipment operating near water bodies and comprehensive erosion and sediment control measures, are mandatory requirements. No DBE set-aside is explicitly identified in the specifications.

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Boulder County Parks & Open Space Boulder Canyon Trail Repair

October 2026 Issued for Bid i

PREFACE

These Construction Specifications are to be used on Boulder Canyon Trail Repair Project (Project).

These specifications are based on current Mile High Flood District (MHFD) construction specifications. Individual specifications can be found by referencing https://mhfd.org/specifications.

The Table of Contents has been modified from MHFD for specifications identified to reflect the specifications applicable to this Project. Specifications that are deemed to not apply are omitted from the table of contents. If during the construction, a specification that has been omitted is deemed applicable, the CONTRACTOR will be notified. Modifications to MHFD General Conditions or Technical Specifications are made in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS.

These specifications are expressed in United States Standard Measure (English units). The international System of Units (SI, Modernized Metric) is used only where standardized testing requires metric units. For clarity, aggregate sieve sizes appear in both SI and English Units. The dimensions, measurements, and requirements stated in English units are the specification requirements. All CONTRACTOR submittals shall be prepared in English Units. Pay item quantities will be measured in English units.

Issued for Bid ii

TABLE OF CONTENTS

ITEM SECTION SUB-SECTION OR

ARTICLE

DIVISION 00: PROCUREMENT & CONTRACTING

REQUIREMENTS

AVAILABLE PROJECT INFORMATION 00 30 00

GEOTECHNICAL DATA 00 31 32

PROCUREMENT FORMS 00 40 00

UNIT PRICE BID SCHEDULE 00 41 43

PROJECT FORMS 00 60 00

PAYMENT BOND 00 61 13

PERFORMANCE BOND 00 61 14

LETTER OF DAMAGE GUARANTEE 00 62 13

INSURANCE CERTIFICATES (TO BE ATTACHED) 00 62 16

FIELD ORDER FORM 00 63 36

AMENDMENT FORM 00 63 63

LETTER OF FINAL ACCEPTANCE 00 65 11

CONTRACTOR STATEMENT CONCERNING

CLAIMS

00 65 23

WITHDRAWAL OF STATEMENT OF CLAIM 00 65 25

NOTICE OF FINAL PAYMENT 00 65 33

FINAL RECEIPT 00 65 36

GENERAL CONDITIONS 00 72 00

SCOPE 01

DEFINITIONS 02

THE CONTRACT, DRAWINGS, AND

SPECIFICATIONS

ENGINEER 05

CONSTRUCTION MANAGER 06

LAND AND RIGHTS-OF-WAY 07

SUGGESTIONS TO CONTRACTOR 08

GENERAL SERVICE AND FACILITIES

REQUIREMENTS

SAFETY OF PUBLIC AND WORKERS 10

SUBCONTRACTING 11

PROGRESS PAYMENTS TO CONTRACTOR 12

ADDITIONAL WITHHOLDING OF PROGRESS

PAYMENTS

PARTIAL ACCEPTANCE OF WORK 14

INSURANCE 15

ASSIGNMENTS 17

INDEMNIFICATION 18

COMPLIANCE WITH ENVIRONMENTAL

PROTECTION, ENERGY CONSERVATION, AND

HEALTH/SAFETY RULES AND REGULATIONS

TERMINATION OF CONTRACT BY OWNER 22

NO WAIVER OF RIGHTS 23

HAZARDOUS ENVIRONMENTAL CONDITION ON

SITE

Issued for Bid iii

DIFFERING SUBSURFACE OR PHYSICAL

CONDITIONS

UNDERGROUND FACILITIES 29

APPLICABLE LAWS 30

SUPPLEMENTARY CONDITIONS 00 73 00

MODIFICATIONS TO MHFD SPECIFICATIONS -

PERMITS 90

SUPPLEMENTARY SPECIFICATIONS 91

SUMMARY OF WORK 01 11 00

PROJECT UTILITIES 01 18 00

PROJECT MEETINGS 01 31 19

PROTECTION OF MIGRATORY BIRDS 01 35 05

REFERENCES 01 42 00

TESTING AND INSPECTION SERVICES 01 45 23

CONSTRUCTION FACILITIES 01 52 00

TRAFFIC CONTROL 01 55 26

PRODUCT DELIVERY, STORAGE, AND HANDLING 01 66 00

GEOSYNTHETICS FOR EARTHWORK 31 05 19

DIVISION 01: GENERAL REQUIREMENTS

SITE CONDITIONS 01 13 00

USE OF SITE 01 14 19

SUBSTITUTION PROCEDURES 01 25 00

AGREEMENT 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

MOBILIZATION 01 71 13

FIELD ENGINEERING AND SURVEYING 01 71 23

CLOSEOUT PROCEDURES 01 77 00

DIVISION 03: CONCRETE 03

GROUTING 03 60 00

DIVISION 31: EARTHWORK 31

CLEARING AND GRUBBING 31 11 00

EXCAVATION AND FILL 31 23 00

DEWATERING 31 23 19

EROSION AND SEDIMENT CONTROLS 31 25 00

RIPRAP, BOULDERS, SOIL RIPRAP, AND BEDDING 31 37 00

GROUTED BOULDERS, STACKED GROUTED BOULDERS,

AND GROUTED BOULDER RETAINING WALLS

31 37 19

DIVISION 32: EXTERIOR IMPROVEMENTS 32

AGGREGATE BASE COURSE 32 11 23

CRUSHER FINES SURFACING 32 15 41

FENCES AND GATES 32 31 00

TOPSOIL 32 91 13

SEEDING 32 92 19

October 2026 00 31 32 - 1 GEOTECHNICAL DATA Issued for Bid

SECTION 00 31 32

GEOTECHNICAL DATA

PART 1 GENERAL

1.01 SECTION INCLUDES

A. A geotechnical investigation report entitled “GEOTECHNICAL DATA COLLECTION PROGRAM, BOULDER CANYON TRAIL REPAIR, BOULDER, COLORADO” by GROUND ENGINEERING, is included in this section. CONTRACTOR may rely upon the general accuracy of the technical data contained in the report, but the report itself is not a part of the CONTRACT DOCUMENTS.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

END OF SECTION

Boulder Canyon Trail Repair Job No. 26-3031 the eastern margin of the bridge, at the location of the proposed trail repairs, was surrounded by chain-link fences.

Sample Collection

Sample collection for the project was conducted in June 2026. GROUND collected a total of 4 large, disturbed bulk samples and 2 small, disturbed samples from the shallow soils with hand equipment. Of these, 1 large disturbed bulk sample was obtained from the creek bed near the distressed slope, and the remaining samples were obtained from various locations along the subject slope above the creek. The sample locations on the slope were selected based on discussions with Otak, Inc., and accessibility. The approximate locations of the sampling are shown in Figure 1.

Laboratory Testing

Samples retrieved from the site were examined and visually classified in the laboratory by the project engineer. Laboratory testing of soil samples included grain size analyses and Atterberg limits. Laboratory tests were performed in general accordance with applicable ASTM protocols.

Results of the laboratory testing program are summarized in Table 1. Gradation and hydrometer plots are provided in Figures 2 through 4.

Limitations

This report has been prepared for Otak, Inc., as it pertains to the requested geotechnical data as described herein. It may not contain sufficient information for other parties or other purposes.

Ensuring correct interpretation of the contents of this report by others is not the responsibility of GROUND. If any information referred to herein is not well understood, then Otak, Inc., or other members of the design team, should contact the author or a GROUND principal immediately. We will be available to meet to discuss the risks and remedial approaches presented in this report, as well as other potential approaches, upon request.

GROUND makes no warranties, either expressed or implied, as to the professional data contained herein.

This document, together with the concepts and conclusions presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse

Boulder Canyon Trail Repair Job No. 26-3031 of, or improper reliance on this document without written authorization and adaption by GROUND Engineering Consultants, Inc., shall be without liability to GROUND Engineering Consultants, Inc.

Sincerely, GROUND Engineering Consultants, Inc.

Cody Jerz, P.E.

Job No.: 26-3031

6 in 150 - No. 4 4.75 80 0.035 12 D90 8.891 5 in 125 - No. 8 2.36 - 0.022 11 D85 6.577 4 in 100 - No. 10 2.00 65 0.013 9 D80 4.866 3 in 75 - No. 16 1.18 52 0.009 8 D60 1.666

2.5 in 63 - No. 20 0.85 - 0.007 8 D50 1.084 2 in 50 - No. 30 0.60 - 0.003 7 D40 0.617

1.5 in 37.5 100 No. 40 0.425 33 0.001 5 D30 0.329 1 in 25.0 99 No. 50 0.300 29 - - D15 0.070

3/4 in 19.0 98 No. 60 0.250 - - - D10 0.018 1/2 in 12.5 94 No. 100 0.150 21 - - D05 - 3/8 in 9.5 91 No. 140 0.106 - - - Cu 93.221 No. 4 4.75 80 No. 200 0.075 15.3 - - Cc 3.625

Location: Bulk 2 Classification: (SM)g / A-1-b (0) Gravel (%): 20 Description: Silty SAND with Gravel Liquid Limit: NV Sand (%): 65

Plasticity Index: NP Silt/Clay (%): 15.3 Activity: - < .002 mm (%): 6

Particle Size (mm)

Passing by Mass (%) Coefficient Value

Results apply only to the specific items and locations referenced and at the time of testing. For the hydrometer portion of the test, a composite temperature correction and meniscus correction were applied to each reading. This report should not be reproduced, except in full, without the written permission of GROUND Engineering Consultants, Inc.

US Standard Sieve

Particle Size (mm)

Passing by Mass (%)

US Standard Sieve

Particle Size (mm)

Passing by Mass (%)

Boulder Canyon Trail Repair

Gradation and Hydrometer (ASTM D422-63[2007])

Coarse Gradation Fine Gradation Hydrometer Grading

3"2½" 2" 1½" 1" ¾" ½" ⅜" 4 8 10 16 20 30 40 50 60 100 140 200

0.0010.010.1110100

C um ul at iv e

Pa ss in g by M as s

Particle Size (mm)

US Standard Sieves Hydrometer

C O

BB

LE

S

GRAVELS SANDS FINES

Coarse Fine Coarse Medium Fine Silt and Clay www.groundeng.com Englewood, Commerce City, Loveland, Granby, Gypsum, Colorado Springs

FIGURE: 3

Sample Number

(feet) (%) (%) (%)

Bag 1 0 - 1 29 60 10.7 - - - - -

Bag 2 0 - 1 25 61 13.7 - - - - -

Bulk 1 0 - 1 24 70 6.2 NV NP (SP-SM)g A-1-b (0) SAND with Silt and Gravel

Bulk 2 0 - 1 20 65 15.3 NV NP (SM)g A-1-b (0) Silty SAND with Gravel

Bulk 4 0 -1 44 53 3.0 NV NP (SW)g A-1-a (0) SAND with Gravel

NV = No value, NP = Non-plastic Job No. 26-3031

Plasticity Index

Boulder Canyon Trail Repair

TABLE 1: SUMMARY OF LABORATORY TEST RESULTS

Gradation Atterberg Limits

USCS

Equivalent Classification

AASHTO

Equivalent

Classification (Group Index)

Sample DescriptionDepth Gravel Sand Fines Liquid Limit

October 2026 00 41 43 - 1 UNIT PRICE BID SCHEDULE

SECTION 00 41 43

UNIT PRICE BID SCHEDULE

BID ITEM

NO.

MHFD BID ITEM

CODE Related Spec DESCRIPTION OF BID ITEM PAY

UNIT QTY UNIT PRICE TOTAL COST

1 GN-01-001 31 11 00 Clearing and Grubbing AC 0.02 $ $

2 GN-05-001 01 55 26 Traffic Control LS 1 $ $

3 GN-05-002 01 55 26 Courtesy Shuttle DAY 40 $ $

4 GN-06-001 31 23 19 Water Control LS 1 $ $

5 GN-02-001 01 71 13 Mobilization LS 1 $ $

6 GN-04-001 01 71 23 Surveying - Construction LS 1 $ $

7 GN-04-002 01 71 23 Surveying - As Built LS 1 $ $

8 ESC-01-001 01 57 19 General BMP Maintenance HR 20 $ $

9 ESC-05-005 01 57 19 Concrete Washout Area EA 1 $ $

10 ESC-13-001 01 57 19 Sediment Control Log LF 2,200 $ $

11 ESC-17-002 01 57 19 Stabilized Staging Area SY 2,340 $ $

12 ESC-19-002 01 57 19 Stream Crossing, Temporary, with Ford EA 1 $ $

13 ESC-20-002 01 57 19 Vehicle Tracking Control with Construction Mat EA 2 $ $

14 RR-06-001 02 41 13 Remove Structures and Obstructions EA 1 $ $

15 RR-06-019 31 11 00 Remove Tree, 6-Inch to 12-Inch in Diameter EA 1 $ $

16 ESP-06-005 31 23 00 Crusher Fines, Excavate, Stockpile, and Replace CY 10 $ $

17 ESP-07-001 31 14 13 Topsoil Excavate, Stockpile, and Replace CY 10 $ $

18 GG-02-001 31 05 19 Geotextile, Non-Woven, Class I SY 10 $ $

19 GG-02-003 31 05 19 Geotextile, Non-Woven, Class III SY 20 $ $

20 RW-15-007 31 37 00

31 37 19 Remove, Stockpile, Reset, and Grout Boulder Wall SFF 195 $ $

21 RW-10-004 31 37 00 Riprap, Conventional, Type H CY 20 $ $

22 LS-02-004 32 92 19 Erosion Control Blanket, Straw / Coconut Mix SY 50 $ $

24 LS-08-001 32 92 19 Mulch, Hydromulch AC 0.02 $ $

25 LS-10-001 32 92 19 Seeding, Upland, Broadcast AC 0.02 $ $

27 LS-17-001 32 92 19 Soil Amendment, Fertilizer AC 0.02 $ $

28 LS-17-002 32 92 19 Soil Amendment, Compost AC 0.02 $ $

TOTAL = $

Boulder County Purchasing 1325 Pearl Street

Boulder , CO 80302 purchasing@bouldercounty.org

Bid Worksheet Table Boulder Canyon Repair Design

Rockwork

Landscaping

General

Erosion & Sediment Control

Remove, Relocate, & Abandon

Earthwork & Subgrade Preparation

Geotextile

Revised 06/2022

Section 00 72 00-(1)

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:

• 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.

• AGREEMENT and/or CONTRACT - the legal contract between CONTRACTOR and OWNER.

• AGREEMENT PRICE - The total monies payable to CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

• AGREEMENT TIME - The number of consecutive calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

• AMENDMENT and/or CHANGE ORDER - A written order to CONTRACTOR authorizing an addition, deletion, or revision in the WORK the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the AGREEMENT PRICE and/or

AGREEMENT TIME.

• AVAILABLE PROJECT INFORMATION - Information available, which is not contained within the CONTRACT DOCUMENTS, but may be available at OWNER’s or ENGINEER’s office as defined.

• BEST MANAGEMENT PRACTICE (BMP) - A device used to control or abate the discharge of pollutants in storm water, also referred to as Stormwater Control Measure (SCM) and/or Control Measure (CM).

• 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.

• BID GUARANTEE – Either a certified or cashier's check made payable without condition to the order of OWNER or a BID BOND written by any approved corporate surety in favor of OWNER, in the amount 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.

Section 00 72 00-(2)

• CONTRACT DOCUMENTS and/or AGREEMENT and/or DRAWINGS and SPECIFICATIONS - The entire CONTRACT consists of several documents and instruments, some of which may be bound separately or which are incorporated by reference. The CONTRACT DOCUMENTS consist of, but are not necessarily limited to:

- INVITATION TO BID

- INSTRUCTIONS TO BIDDERS

- AVAILABLE PROJECT INFORMATION

- BID FORM

- BID BOND (WHEN REQUIRED)

- NOTICE OF AWARD

- AGREEMENT

- NOTICE TO PROCEED

- PAYMENT BOND (WHEN REQUIRED)

- PERFORMANCE BOND (WHEN REQUIRED)

- LETTER OF DAMAGE GUARANTEE

- INSURANCE CERTIFICATES

- FIELD ORDER FORM

- AMENDMENT FORM

- LETTER OF FINAL ACCEPTANCE

- CONTRACTOR STATEMENT CONCERNING CLAIMS

- WITHDRAWAL OF STATEMENT OF CLAIM

- NOTICE OF FINAL PAYMENT

- FINAL RECEIPT

- GENERAL CONDITIONS

- SUPPLEMENTARY CONDITIONS

- PERMITS

- REVISIONS AND MODIFICATIONS

- ADDENDA

- 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

- DRAWINGS (may also be referred to as PLANS)

- OTHER DOCUMENTS AS MAY BE INCLUDED BY REFERENCE

The CONTRACT DOCUMENTS may not necessarily be assembled in the order listed above. All of said instruments, DRAWINGS, and documents taken together as a whole constitute the entire set of CONTRACT DOCUMENTS.

• CONTRACTOR - The person, firm, partnership, corporation, or joint venture with which

OWNER has executed the AGREEMENT.

• DISTRICT - Urban Drainage and Flood Control District.

• DRAWINGS - The part of the CONTRACT DOCUMENTS that show the characteristics and scope of the WORK to be performed and which have been prepared or approved by ENGINEER and/or OWNER. May also be referred to as PLANS.

Section 00 72 00-(3)

• ENGINEER - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS and acting as an authorized representative of OWNER.

• EXECUTIVE DIRECTOR - The person in charge of the administrative and contractual functions of DISTRICT.

• FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the AGREEMENT PRICE or an extension of the AGREEMENT TIME, issued to CONTRACTOR during construction.

• GENERAL CONDITIONS - That part of the CONTRACT DOCUMENTS which defines and describes the rights, responsibilities, and relationships of the parties to a construction contract;

and outlines the duties and limits of authority for the design professional or construction manager in performance of contract administration.

• HAZARDOUS ENVIRONMENTAL CONDITION - The presence at the PROJECT SITE of asbestos, PCBs, petroleum, HAZARDOUS WASTE, or radioactive material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

• HAZARDOUS WASTE - This term shall have the meaning provided in Section 1004 of the Solid

Waste Disposal Act (42 USC Section 6903) as amended from time to time.

• NOTICE OF AWARD - The WRITTEN NOTICE of the acceptance of the BID from OWNER to the successful BIDDER.

• NOTICE TO PROCEED - Written communication issued by OWNER authorizing

CONTRACTOR to proceed with the WORK, establishing the date of commencement of the WORK, and establishing the date of completion of the WORK.

• OWNER - The DISTRICT or another public or quasi-public body, authority or governmental entity identified in the CONTACT DOCUMENTS.

• PLANS - See DRAWINGS.

• PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS.

• RESIDENT ENGINEER and/or RESIDENT PROJECT REPRESENTATIVE - The authorized representative of OWNER who is assigned to the PROJECT SITE or any part thereof..

• REVISIONS AND MODIFICATIONS - That part of the CONTRACT DOCUMENTS, which contains instructions issued to clarify, revise, add, or delete contracting requirements issued either before or after the execution of the AGREEMENT, but after the bidding.

• SHOP DRAWINGS - Supplemental DRAWINGS, diagrams, layouts, schematic or descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate in detail specific portions of the WORK.

• SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship.

• STANDARD TECHNICAL SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction

Section 00 72 00-(4) systems, standards, and workmanship developed and approved by the DISTRICT for use on all PROJECTs. Current versions of the Standard Technical Specifications can be downloaded from the DISTRICT website at www.udfcd.org.

• SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with

CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the PROJECT SITE.

• SUPPLEMENTARY CONDITIONS (Federal-State-Local Regulations) - That part of the

CONTRACT DOCUMENTS which contains modifications to GENERAL CONDITIONS required by a Federal agency for participation in the PROJECT, or such requirements that may be imposed by applicable state or local laws, codes, ordinances or regulations. Requirements unique to a specific PROJECT are also found in this section.

• SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the PROJECT

SITE.

• WORK - All labor necessary to produce the construction required by the CONTRACT

DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the

PROJECT.

• WRITTEN NOTICE - Any notice to any party of the AGREEMENT relative to any part of this

AGREEMENT in writing and considered delivered and the service thereof completed, when mailed by certified or registered mail to the said party or last given address, or delivered in person to said party or an authorized representative on the WORK.

03 THE CONTRACT, DRAWINGS, AND SPECIFICATIONS

The AGREEMENT between CONTRACTOR and OWNER will be deemed to have been made in the State of Colorado and will be governed, interpreted and construed in accordance with the laws of the State of Colorado. Thus, CONTRACTOR shall at all times comply with the provisions of the Charters, Ordinances, Rules and Regulations of the local jurisdiction authority where the WORK is to be performed as well as those of the State of Colorado, and those Federal Laws, Rules and Regulations which in any manner limit, control, or apply to the actions or operations of CONTRACTOR, its SUBCONTRACTOR(s), or their employees, agents or servants engaged upon the WORK or affecting the materials supplied to or by them.

.01 General. DRAWINGS and SPECIFICATIONS are integral parts of the CONTRACT. These are intended to provide details adequate to permit full understanding between CONTRACTOR and OWNER of WORK to be performed under the CONTRACT. The DRAWINGS and SPECIFICATIONS are intended to be complementary and must be interpreted in that sense.

If in the opinion of CONTRACTOR, any discrepancies are found between the DRAWINGS, SPECIFICATIONS, and PROJECT SITE conditions or any inconsistencies or ambiguities are found in the DRAWINGS or SPECIFICATIONS; CONTRACTOR shall immediately report them to ENGINEER and/or OWNER in writing. ENGINEER and/or OWNER shall promptly review such reported discrepancies, inconsistencies, or ambiguities and determine if they exist. If ENGINEER determines a discrepancy, inconsistency or ambiguity exists, an AMENDMENT or FIELD ORDER will be issued as specified in DIVISION 01: GENERAL REQUIREMENTS, SECTION 01 26 00, CONTRACT MODIFICATION PROCEDURES. WORK done by CONTRACTOR prior to issuance of an AMENDMENT or FIELD ORDER will be done at CONTRACTOR’s risk.

Section 00 72 00-(5)

If WORK, although not described by the DRAWINGS and SPECIFICATIONS, appears to be necessary for the successful completion of the CONTRACT and if the necessity for such WORK can reasonably be implied from the CONTRACT DOCUMENTS, CONTRACTOR shall perform that WORK as if it were specified.

In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS will govern. Figure dimensions on DRAWINGS will govern over scale dimensions, and detailed DRAWINGS will govern over general DRAWINGS.

.02 SPECIFICATIONS Designations. Whenever reference is made in the CONTRACT

DOCUMENTS to specifications, methods of testing materials, codes, practices and requirements, it will be understood that the latest edition or revision in effect as of the date of the BID opening will govern unless a specific revision is referred to.

.03 “Approved Equal” Clause. Whenever a specific material, equipment, process, or product is referred to by a proprietary name, brand name or by the name of its manufacturer, it will be understood that such designation is further qualified by the phrase “or approved equal,” whether or not such phrase actually appears with the material, equipment, process or product being specified. Such specification is not intended to limit the material and equipment selection process but rather to indicate a standard of quality and capability that will be acceptable.

.04 Ownership of DRAWINGS and SPECIFICATIONS. Neither CONTRACTOR nor any

SUBCONTRACTOR, manufacturer, fabricator, SUPPLIER or distributor shall have or acquire any title to or ownership rights in any of the DRAWINGS, SPECIFICATIONS or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the PROJECT or any other PROJECT without written consent of OWNER and ENGINEER and specific written verification or adaptation by

ENGINEER.

.05 DRAWINGS and SPECIFICATIONS Issued to CONTRACTOR. Upon receiving NOTICE

OF AWARD, CONTRACTOR may request as many additional copies of the DRAWINGS and SPECIFICATIONS as CONTRACTOR may desire. These will normally be available at the place where the BID documents were issued. Up to six (6) sets of these DRAWINGS and SPECIFICATIONS will be issued at no cost to CONTRACTOR. At OWNER’s discretion, and based upon the availability thereof, additional sets of DRAWINGS and SPECIFICATIONS may be made available to CONTRACTOR in excess of six (6) sets at no cost, however, OWNER may require CONTRACTOR to purchase sets of DRAWINGS and SPECIFICATIONS in excess of six (6) sets at the price stated in the INVITATION TO BID, if OWNER so chooses.

Of the six (6) sets of DRAWINGS and SPECIFICATIONS issued free to CONTRACTOR, one

(1) set must be maintained in good condition at the PROJECT SITE for the purpose of recording “as-built” conditions as necessary to develop an “As Constructed Record.” On this set of DRAWINGS and SPECIFICATIONS, CONTRACTOR shall record all changes and deviations in a neat and legible manner. Any deviation between the DRAWINGS and SPECIFICATIONS and the WORK actually done, no matter how insignificant, must be recorded. Of special concern is that all underground utility structures encountered in the process of doing the WORK be correctly located on the DRAWINGS. When the WORK is completed, CONTRACTOR shall deliver this single set of DRAWINGS and SPECIFICATIONS to OWNER or ENGINEER. These DRAWINGS must be submitted to OWNER or ENGINEER before final payment will be made.

.06 Supplemental DRAWINGS and SPECIFICATIONS. DRAWINGS and SPECIFICATIONS, which were provided by OWNER at the time of bidding, will, when needed, be supplemented by CONTRACTOR who shall provide SHOP DRAWINGS, equipment setting drawings, reinforcement steel placement drawings, erection schedules, material samples, performance

Section 00 72 00-(6) charges, manufacturer’s brochures, and other needed information. If any of the above mentioned information is required, CONTRACTOR shall, as soon as the WORK begins, prepare a schedule for its submission to ENGINEER. The purpose of the schedule is to establish at an early date the needs and dates of needs so that the approval process does not delay the WORK. No WORK based on such supplemental DRAWINGS and SPECIFICATIONS will be performed until such supplemental DRAWINGS and SPECIFICATIONS have been reviewed as herein provided.

Since this supplemental data may be needed to evaluate whether ENGINEER’s concepts, as expressed by the DRAWINGS and SPECIFICATIONS are correctly interpreted and that the final WORK product satisfied the design intent, review of the supplemental data will be the responsibility of ENGINEER. Submittal of this data will follow the normal channels of communication. CONTRACTOR must endorse all submittals, regardless of sources.

Reviews of supplemental DRAWINGS and SPECIFICATIONS are based only on whether or not these indicate that the subject of the supplemental data satisfies the basic design concept and intent. Such review by ENGINEER will never be used by CONTRACTOR to claim relief from CONTRACTOR’s ultimate responsibility of providing to OWNER the end product for which it contracted. When submitted for review, SHOP DRAWINGS will bear CONTRACTOR’s certification that CONTRACTOR has reviewed, checked, and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS.

.07 Additional Instructions and Detail DRAWINGS Issued by ENGINEER or OWNER.

CONTRACTOR may be furnished additional instructions and detail DRAWINGS, by ENGINEER and/or OWNER as necessary to carry out the WORK required by the CONTRACT

The additional DRAWINGS and instruction thus supplied will become a part of the CONTRACT DOCUMENTS. CONTRACTOR shall carry out the WORK in accordance with the additional detail DRAWINGS and instructions.

04 AUTHORITY OF THE EXECUTIVE DIRECTOR

The EXECUTIVE DIRECTOR of DISTRICT is charged with duties of administering the official policies and directives of its Board of Directors. In this capacity, the EXECUTIVE DIRECTOR is vested with full authority to contract for and administer the construction of certain public improvements on behalf of DISTRICT. The EXECUTIVE DIRECTOR shall decide any differences between ENGINEER and

CONTRACTOR.

When DISTRICT is jointly involved with another public agency on a PROJECT, it will be stipulated in the SUPPLEMENTARY CONDITIONS as to which agency will administer the PROJECT and the administrative extent.

The SUPPLEMENTARY CONDITIONS may designate an onsite EXECUTIVE DIRECTOR’s representative who has been delegated the duties of the EXECUTIVE DIRECTOR to administer the construction of the PROJECT. In the absence of such delegation, the EXECUTIVE DIRECTOR shall administer the construction of the PROJECT.

Section 00 72 00-(7)

05 ENGINEER

.01 General. If OWNER retains an ENGINEER to design a facility and to describe that design by the preparation of DRAWINGS and SPECIFICATIONS, the SUPPLEMENTARY CONDITIONS will name that ENGINEER. ENGINEER shall participate in CONTRACT administration. This participation will include the interpretation of DRAWINGS and SPECIFICATIONS and approval of supplemental DRAWINGS and SPECIFICATIONS. ENGINEER shall participate in the preparation and approval of progress and final payment estimates and shall participate in inspections while the WORK is in progress and especially prior to final acceptance by OWNER.

.02 Authority of ENGINEER. ENGINEER shall act as OWNER’s representative during the construction period. ENGINEER shall decide questions that may arise as to quality and acceptability of materials furnished and WORK performed. ENGINEER shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. ENGINEER shall make visits to the PROJECT SITE and to determine if the WORK is proceeding generally in accordance with the CONTRACT DOCUMENTS.

CONTRACTOR shall be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship, and execution of the WORK. Inspections may be made at the factory or fabrication plant of the source of material supply.

ENGINEER shall not be responsible for the construction means, methods, controls, techniques, sequences, procedures, or construction safety.

ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS when requests are directed to ENGINEER in writing.

.03 Approval by ENGINEER. Approval by ENGINEER of any drawing, specification, material, equipment, product or process will only be construed to mean approval in accordance with the overall design concept and the intent of the DRAWINGS and SPECIFICATIONS and will not relieve CONTRACTOR of the responsibility to ensure that all dimensions, grades, and the quality and compatibility of any material, equipment, process or product furnished are suitable for the purpose intended and are in compliance with all requirements of the CONTRACT

06 CONSTRUCTION MANAGER

The Construction Manager is the person or administrative organization identified in the SUPPLEMENTARY CONDITIONS as the entity retained by OWNER to supplement ENGINEER’s design and construction administration capabilities. If a Construction Manager is employed, the degree of participation in the administration of the CONTRACT will be specified in the SUPPLEMENTARY

CONDITIONS.

07 LAND AND RIGHTS-OF-WAY

Prior to issuance of NOTICE TO PROCEED, OWNER shall obtain all land and rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise stated in the SUPPLEMENTARY CONDITIONS.

OWNER shall provide to CONTRACTOR information that delineates and describes the lands owned and rights-of-way acquired.

CONTRACTOR will provide at CONTRACTOR’s own expense and without liability to OWNER or ENGINEER, any additional land and access hereto that CONTRACTOR may desire for temporary

Section 00 72 00-(8) construction facilities, or for storage of materials. Copies of any separate agreements between CONTRACTOR, municipal agencies, cities and private landowners, will be furnished to OWNER together with subsequent releases.

08 SUGGESTIONS TO CONTRACTOR

Any plan of action, method of WORK or construction procedure suggested to CONTRACTOR by ENGINEER or OWNER or any of their representatives, whether orally or in writing, if adopted or followed by CONTRACTOR in whole or in part, will be at the sole risk and responsibility of

CONTRACTOR.

09 GENERAL SERVICE AND FACILITIES REQUIREMENTS

.01 General. Except as may be modified otherwise in the SUPPLEMENTARY CONDITIONS, CONTRACTOR shall provide and pay for all PERMITS and licenses, materials, labor, tools, equipment, water, sanitary, facilities, heat, light, power, transportation, supervision, field office facilities, telephone and other related services and facilities of whatsoever nature necessary to execute and complete the WORK in accordance with the CONTRACT DOCUMENTS.

.02 Regulations. CONTRACTOR shall give all notices and comply with all laws, ordinances, codes, rules, and regulations bearing on the conduct of the WORK. If CONTRACTOR observes that any DRAWINGS or SPECIFICATIONS are at variance therewith, or if CONTRACTOR performs any WORK under any circumstances where CONTRACTOR knows or should have known it to be contrary to any such laws, ordinances, codes, rules, or regulations, and without giving such notice to ENGINEER and/or OWNER, CONTRACTOR shall bear all costs arising there from.

However, it will not be CONTRACTOR’s primary responsibility to make certain that the DRAWINGS and SPECIFICATIONS are in accordance with such laws, ordinances, rules, and regulations.

.03 Public Relations. CONTRACTOR shall carry on the WORK in such manner as to minimize inconvenience to the public, particularly occupants of property adjacent to the PROJECT, as is consistent with good workmanship.

CONTRACTOR shall notify all affected persons at least forty-eight (48) hours before starting WORK, which may block entrances, or otherwise cause undue difficulty to occupants of property affected and shall restore such entrances to a usable condition as soon as possible.

CONTRACTOR, SUBCONTRACTOR(s) and employees shall be courteous at all times to the public during the performance of the WORK.

.04 PERMITS and Licenses. All PERMITS, licenses, and approvals required in the prosecution of the WORK will be obtained and paid for by CONTRACTOR. CONTRACTOR shall also be responsible for the payment of any applicable taxes, tap fees, development fees, or other charges and fees imposed by utility companies or governmental agencies responsible for imposing such fees or taxes and/or providing such services to the facility or facilities to be constructed hereunder. If CONTRACTOR fails to obtain all PERMITS, licenses, and approvals required in the prosecution of the WORK, CONTRACTOR shall defend, indemnify and hold harmless OWNER and any and all PROJECT partners of OWNER.

.05 Temporary Construction and Security Facilities. CONTRACTOR shall provide all materials, tools, equipment, and labor necessary for dewatering, water control, temporary pumping facilities, bypassing of sewage, traffic control, pedestrian and vehicular barricades, detours, signing, temporary fencing, and all other related temporary construction and security facilities necessary to perform the WORK in accordance with CONTRACT DOCUMENTS.

Section 00 72 00-(9)

.06 Supervision by CONTRACTOR. CONTRACTOR shall supervise and direct the WORK and manage any SUBCONTRACTOR’s WORK, if any. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction, which is indicated in and required by the CONTRACT DOCUMENTS. CONTRACTOR shall employ and maintain, on the PROJECT WORK, a qualified supervisor or superintendent who will have been designated in writing to ENGINEER by CONTRACTOR as CONTRACTOR’s representative at the PROJECT SITE. The supervisor will have full authority to act on behalf of CONTRACTOR and all communications given to the supervisor will be as binding as if given to CONTRACTOR.

The supervisor will be present on the PROJECT SITE at all times as required to perform adequate supervision and coordination of the WORK and shall be able to communicate in fluent English with the ENGINEER and all other OWNER’s representatives. CONTRACTOR’s supervisor or superintendent will be able to execute any change in WORK documents that affect either changes in the WORK or CONTRACT costs.

.07 Construction Staffing. CONTRACTOR shall assign an adequate number of persons to each task so that an optimum rate of progress is maintained. The number of assigned personnel is especially critical whenever an operation is begun which requires that the activity be pursued at a rate needed to avoid the manufacture of an inferior product.

.08 Construction Machines. CONTRACTOR shall have available for use when needed all necessary construction machinery and equipment that is safe, in good working condition, and adequate for the task and in numbers needed to maintain an optimum rate of progress.

.09 Costs. Except as may be otherwise provided for in the BID, no separate payment will be made for any of the items or requirements set forth under the GENERAL CONDITIONS and all costs incurred will be considered to be included in the BID.

.10 Asphalt. CONTRACTOR shall be responsible for repairing or replacing all pavement disturbed or removed during construction of the PROJECT. Contractor shall patch or replace asphalt pavement utilizing asphalt pavement and asphalt patching details and specifications per the details and specifications of the local jurisdiction in which the PROJECT resides.

.11 Striping: CONTRACTOR shall be responsible for repainting all pavement striping and marking disturbed or removed during construction of the PROJECT. CONTRACTOR shall replace marking paint and striping per the details and specifications of the local jurisdiction in which the PROJECT resides.

10 SAFETY OF PUBLIC AND WORKERS

CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the PROJECT SITE, and other property at the PROJECT SITE or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. CONTRACTOR shall erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection of persons and property.

CONTRACTOR shall notify owners of adjacent utilities when prosecution of the WORK may affect them. CONTRACTOR shall remedy all damage, injury or loss to any property caused, directly or

Section 00 72 00-(10) indirectly, in whole or in part, by CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except damage or loss to the extent attributable to the fault of the CONTRACT DOCUMENTS or to the extent attributable to acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR.

In emergencies affecting the safety of persons or the WORK or property at the PROJECT SITE or adjacent thereto, CONTRACTOR without special instruction or authorization from ENGINEER or OWNER, shall and is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER or OWNER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby. If OWNER or its representatives notify CONTRACTOR, in writing, of possible threatened damage, injury, or loss, CONTRACTOR shall take immediate measures to prevent a possible damage, injury, or loss, to OWNER’s satisfaction. Any additional compensation claimed by CONTRACTOR on account of emergency WORK will be provided in DIVISION 01: GENERAL REQUIREMENTS, SECTION 01 26 00, CONTRACT MODIFICATION

PROCEDURES.

11 SUBCONTRACTING

CONTRACTOR may utilize the services of specialty SUBCONTRACTOR(s) on those portions of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTOR(s).

Those SUBCONTRACTOR(s) must be identified on the BID and if not identified in the BID, approved in writing by OWNER prior to commencement of services by the SUBCONTRACTOR. CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in excess of fifty percent (50%) of the AGREEMENT PRICE, without prior written approval of OWNER.

CONTRACTOR shall be fully responsible to OWNER for the acts and omissions of SUBCONTRACTOR(s), and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of the persons directly employed by CONTRACTOR.

CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTOR(s) to CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTOR(s) and to give CONTRACTOR the same power as regards terminating any subcontract that OWNER may exercise over CONTRACTOR under any provision of the CONTRACT DOCUMENTS.

Nothing contained in this CONTRACT will create any contractual relation between any SUBCONTRACTOR and OWNER.

12 PROGRESS PAYMENTS TO CONTRACTOR

On the twenty fifth (25th) day of each month that the progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER a partial payment estimate filled out and signed by CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the PROJECT SITE, the partial payment estimate will also be accompanied by such supporting data, satisfactory to OWNER, as will establish OWNER’s title to the material and equipment and protect OWNER interest therein. ENGINEER shall either indicate in writing the approval of payment and present the partial payment estimate to OWNER or return the partial payment estimate to CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. In any case, the partial payment will be submitted to OWNER by the first (1st) day of the following month.

Section 00 72 00-(11)

OWNER shall, within twenty five (25) days of submittal of an approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate, if the CONTRACTOR is satisfactorily performing the WORK.

OWNER shall retain monies from progress payments until final payment is due, under the following terms and conditions:

01. Retention of five percent (5%) of the calculated value of the satisfactorily WORK.

02. Beginning with the second partial payment estimate, each partial payment estimate thereafter shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the WORK have been applied on account to discharge CONTRACTOR’s obligations associated with prior partial payment estimates. If requested, CONTRACTOR shall forward to OWNER statements from all SUPPLIER(s) and SUBCONTRACTOR(s) affirming that payments owed them by CONTRACTOR, as of the date of the statement, had been received.

03. CONTRACTOR may substitute acceptable securities, as defined below for the whole or any portion of the retainage. Acceptable securities are limited to Federal securities, Colorado state and political general obligations bonds, certificates of deposit insured by the FDIC or the FSLIC, or similar negotiable securities.

In addition to the foregoing procedures, for any construction contract exceeding One Hundred Fifty Thousand Dollars ($150,000), OWNER shall make partial payments to CONTRACTOR on a monthly basis provided CONTRACTOR is satisfactorily performing the WORK. Said monthly payments will be based on information submitted by CONTRACTOR in monthly payment requests as described above.

OWNER shall withhold no more than five percent (5%) of all monthly partial payments.

13 ADDITIONAL WITHHOLDING OF PROGRESS PAYMENTS

OWNER may, at its sole discretion, withhold additional sums from progress payment monies due CONTRACTOR. Such additional withholding can be made for but is not limited to any of the following described reasons; and whenever the reasons for such withholding no longer exist, OWNER shall make payment of the sums withheld for these reasons.

01. Failure to Repair Defective WORK. If the estimated cost of repairing or replacing defective

WORK appears to exceed the sums of money normally withheld, OWNER may retain as many additional sums as it believes necessary to insure that the defective WORK is repaired or replaced.

02. Claims Against CONTRACTOR. If claims in connection with the WORK have been filed against CONTRACTOR and the CONTRACTOR has not resolved such claim, OWNER shall withhold sufficient sums in addition to applicable retainage to satisfy such claims in accordance with applicable law.

03. Failure to Obtain PERMITS and Licenses. Should CONTRACTOR fail to satisfy all requirements for licensing and/or fail to satisfy all requirements for PERMITS, OWNER may withhold sufficient funds to fully compensate OWNER for any damages, fines, penalties, or assessments that might be levied against OWNER or its PROJECT partners as a result of such CONTRACTOR failures.

04. Failure to Comply with Applicable Laws. If CONTRACTOR has failed to comply with all applicable laws, ordinances, rules, and regulations, OWNER may withhold sufficient funds to fully compensate OWNER for any damages, fines, penalties, or assessments that might be levied against OWNER or its PROJECT partners as a result of such CONTRACTOR failures.

Section 00 72 00-(12)

05. Failure to Satisfactorily Replace and/or Repair Property Destroyed or Damaged During the

Progress of the WORK.

06. Retesting or Resurvey as described under DIVISION 01: GENERAL REQUIREMENTS, SECTION 00 73 96, INSPECTION AND MATERIALS TESTING, or SECTION 01 71 23, FIELD ENGINEERING AND SURVEYING.

07. Liquidated Damages accruing under Article 21.

14 PARTIAL ACCEPTANCE OF WORK

OWNER, at OWNER’s sole discretion, may place into service segments or a part of the WORK before the entire WORK has been completed. Because of the difficulty of determining when CONTRACTOR’s responsibility for the various parts of the WORK might cease when that WORK is partly used by OWNER, CONTRACTOR agrees that, except as qualified below, CONTRACTOR’s responsibility for the entire WORK will not diminish until OWNER accepts the entire and completed WORK.

If such early use or occupancy by OWNER exposes defects, the components or elements of the WORK with the defects will be replaced or repaired by CONTRACTOR. Other damages or wear resulting from OWNER’s use will be at OWNER’s expense.

When OWNER partially occupies a facility, it shall share with CONTRACTOR the costs of energy to heat and light the facility and the costs of water and sanitary sewer service. OWNER’s share of these costs will be determined by OWNER on an equitable basis, and CONTRACTOR shall be reimbursed by an AMENDMENT.

15 INSURANCE

.01 General. CONTRACTOR shall not commence or continue to perform any WORK unless

CONTRACTOR, at CONTRACTOR’s own expense, has in full force and effect all required insurance. CONTRACTOR shall not permit any SUBCONTRACTOR to perform WORK on this PROJECT unless such SUBCONTRACTOR has complied with the Workers’ Compensation Insurance requirements.

The types of insurance CONTRACTOR shall obtain and maintain are Workers’ Compensation Insurance, Employer’s Liability Insurance and Liability Insurance. CONTRACTOR shall execute the LETTER OF DAMAGE GUARANTEE provided in SECTION 00 62 13 of the CONTRACT.

Workers’ Compensation Insurance and Liability Insurance will be maintained in effect for the full guarantee period.

Insurers must be authorized to do business and have an agent for service of process in Colorado.

Excepting only the State Compensation Insurance Fund in reference to Workers’ Compensation Insurance, insurers must have an “A” policyholder’s rating and a financial rating of at least Class XI in accordance with the most current Best’s Rating.

As evidence of specified insurance coverage, CONTRACTOR shall provide INSURANCE CERTIFICATES and endorsements as a part of the CONTRACT DOCUMENTS.

.02 Workers’ Compensation Insurance and Employer’s Liability Insurance. Upon acceptance of the AGREEMENT, CONTRACTOR shall provide INSURANCE CERTIFICATES certifying that CONTRACTOR has obtained full Workers’ Compensation Insurance, and Employer’s Liability Insurance coverage for no less than the statutory limits for all persons whom

Section 00 72 00-(13)

CONTRACTOR employs or may employ in carrying out the WORK under the CONTRACT. At the same time, CONTRACTOR shall provide the insurance endorsements as part of the CONTRACT DOCUMENTS. This insurance will be in strict accordance with the requirements of the most current and applicable state Workers’ Compensation Insurance laws.

.03 Liability Insurance. Upon execution of the AGREEMENT, CONTRACTOR shall provide

INSURANCE CERTIFICATES showing that CONTRACTOR has Liability Insurance coverage in limits not less than the amounts set forth in Articles 15.06 through 15.08. At the same time, CONTRACTOR shall provide the insurance endorsement(s) as a part of the CONTRACT DOCUMENTS.

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