Parker Fieldhouse Office Remodel.pdf

20120 E. Mainstreet Parker, CO 80138 Voice 303-840-95

CONTRACT DOCUMENTS

AND

CONSTRUCTION SPECIFICATIONS

FOR

PARKER FIELDHOUSE OFFICE REMODEL

PROJECT NUMBER CIP 26-020

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TOWN OF PARKER CONTRACTOR AGREEMENT COVER SHEET

Contractor Information Contractor Name Click or tap here to enter text.

Entity Type (corporation, LLC, etc.)

Click or tap here to enter text.

Contact Person Click or tap here to enter text.

Address (City/State/Zip) Click or tap here to enter text.

Phone Click or tap here to enter text.

Email Click or tap here to enter text.

Project Information Solicitation No. CIP26-020 Solicitation Date Click or tap here to enter text.

Brief Description of the Work Click or tap here to enter text.

Completion Date October 30, 2026

Financial Information Contract Price Click or tap here to enter text.

Liquidated Damages (if applicable) $500 Bonds Required ☒Yes

☐No

Authorized Representatives (if known) Town Representative Brett Collins, Parks Project Manager Contractor Representative Click or tap here to enter text.

NOTICE TO BIDDERS

Separate sealed bids for the Parker Fieldhouse Office Remodel (CIP 26-020) as described in the CONTRACT DOCUMENTS, will be received by electronic bid through Rocky Mountain E-Purchasing System until 10:00 A.M. MST local time, June 16, 2026 and then publicly opened and read aloud via an online Zoom conference. The Zoom conference information will be added to BidNet via a Communication prior to the bid date.

Electronic construction plans, specifications and forms for preparing bids may be obtained on Rocky Mountain £-Purchasing System on or after 9:00 a.m. on May 26, 2026.

All bids must be accompanied by a Bid Bond in an amount of at least five percent (5%) of the Bid. The vendors can upload their bid bond when responding online. The bond will be retained by the Town as liquidated damages if the successful bidder refuses or fails to enter into a Contract and Performance, Payment and Maintenance bond in accordance with his bid when notified of the award.

The Town shall issue a written addendum if substantial changes which impact the technical submission of Bids are required. Addenda will be posted on the Rocky Mountain E-Purchasing System. Plan Holders are responsible for either revisiting website prior to the due date to ensure that they have any addenda which may have been issued after the initial download.

The Plan Holder shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Bid. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified. The extent of the work is approximately as follows:

The project generally includes architectural, structural, mechanical, electrical, telecommunications, and fire protection trades for the remodel of an approximately 1,500-square-foot office suite located at the Parker Fieldhouse, 18700 Plaza Drive, Parker, CO 80134.

Bids may not be withdrawn for a period of forty-five ( 45) days after the time fixed for closing them. The Owner reserves the right to waive irregularities, to waive technical defects accordingly as the best interest of the Town may be served, may reject any and all bids, and shall award the contract to the lowest responsible bidder as determined by the Owner. All bidders questions and inquiries shall be directed to the Town of Parker's Project Manager, Brett Collins at 303-805-3276, bcollins@parkerco.gov. Bid questions close on Wednesday, June 9, 2026 at 12:00 p�� Tom Williams, PE, Director of Engineering/Public Works This Notice to Bidders is not valid without the above signature.

NOTICE TO NONRESIDENT BIDDERS

The purpose of this notice is to comply with C.R.S. § 8-19-104(3 ). If a nonresident bidder is from a state that provides a bidding preference to bidders from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident bidder. Nonresident bidders may obtain additional information from the Web site for the Colorado Department of Labor and Employment.

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CONTRACTOR AGREEMENT

CIP NO. 26-020

THIS CONTRACTOR AGREEMENT (this “Contract”) is made this __________________, by and between the Town of Parker, Colorado, a Colorado home rule municipality (the “Town”) and the entity specified on the Cover Sheet (the “Contractor”).

RECITALS

A. The Town distributed a Request for Bids, as described on the Cover Sheet for the work described in the Bid Package (the “Project”). The bid documents and all addenda and attachments, including all plans and specifications shall be collectively referred to as the “Bid Package.”

B. The Contractor submitted the bid determined to be the most responsive and advantageous to the Town and the Contractor is capable and willing to perform the work in accordance with the terms and conditions of this Contract.

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, conditions and undertakings hereinafter specified, the Town and Contractor agree as follows:

1. CONTRACT DOCUMENTS. “Contract Documents,” which comprise the entire agreement between the Town and Contractor, consist of the items indicated below:

☒ This Contract;

☒ The Cover Sheet;

☒ The Bid Package;

☒ The Contractor’s Bid Sheet dated _______________;

☐ The Contractor’s Proposal dated ________________;

☒ The Construction Plans for Project No. __CIP26-020________;

☒ The Special Provisions and Specifications for Project No. ___CIP26-020_______;

☒ Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, most recent version;

☒ Colorado Department of Transportation Standard Plans, most recent version;

☒ Town of Parker Roadway Design and Construction Criteria, most recent version;

☒ Town of Parker Storm Drainage and Environmental Criteria, most recent version;

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☒ The Notice of Award;

☒ The Notice to Proceed;

☒ The Advertisement and Final Acceptance Form, attached hereto as Exhibit A;

☒ Bonds issued pursuant to this Contract, including the bid bond and performance and payment bond in the form provided in Exhibit B;

☒ The Town’s insurance requirements, attached hereto as Exhibit C;

☒ General conditions, special conditions, general specifications, special specifications, measurement, payment, and technical specifications and drawings;

☒ Any modifications, Change Orders, or other such revisions properly authorized after the execution of this Contract.

The Contract Documents are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this Contract. Any terms and conditions included in documents provided by the Contractor, including any proposal, bid, or otherwise, are expressly rejected by the parties and shall not form a part of this Contract.

2. REVIEW AND INTERPRETATION.

(a) Conflicts Within the Contract Documents. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. In case of conflict between the drawings and any specifications, the drawings will govern. In case of conflict between the special conditions and the specifications, the special conditions shall govern. Figure dimension on drawings will govern over scale dimensions, and detailed drawings will govern over general drawings. In the case of a conflict between the special conditions and the drawings, the special conditions shall govern. Notwithstanding the foregoing, a document which is more restrictive or requires greater responsibility or increased compliance by the Contractor shall govern.

(b) Discrepancies. The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Town any error, inconsistency, or omission that may be discovered and shall obtain specific written instructions from the Town to resolve such discrepancies in the Contract Documents before proceeding with the Work. Work done by the Contractor after its discovery of such discrepancies, inconsistencies, or ambiguities without resolution by the Town shall be done at the Contractor's risk. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved drawings, specifications, instructions, shop drawings, product data, or samples for such portion of the Work.

(c) Variance with the Law. If the Contractor or any of its subcontractors of any tier observes that any of the Contract Documents are at variance with applicable laws, statutes, building codes, ordinances, rules, or regulations in any respect, the Contractor shall promptly notify the Town in writing, and any necessary changes shall be accomplished by appropriate

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Change Order or other means of resolution. If the Contractor or any of its subcontractors of any tier perform any Work with knowledge or reason to know that it is contrary to applicable laws, statutes, building codes, ordinances, rules, or regulations, and does not notify the Town as required in this Paragraph, the Contractor shall assume full responsibility for such Work and shall bear all costs attributable to such Work.

(d) Implied Materials, Labor and Equipment. If labor, materials, or equipment, although not described by the Contract Documents, are required to successfully complete the Work and can reasonably be inferred by competent contractors by virtue of common knowledge or customary practice in the construction industry from the Contract Documents as being necessary to produce the intended result, the Contractor shall perform that work or provide the materials or equipment as if they were specified at no additional cost.

(e) Verification. The Contractor, before commencing the Work, shall verify all governing dimensions, and shall examine all adjoining work on which its Work is in any way dependent. No disclaimer of responsibility for defective or non-conforming adjoining work will be considered unless written notice of the same has been filed by the Contractor and agreed to in writing by the Town Representative before the Contractor begins any part of the affected Work.

3. AUTHORIZED REPRESENTATIVES.

(a) Authorized Representatives. The Town and the Contractor shall each designate in writing an authorized representative within fourteen (14) days of the Town’s issuance of the notice to proceed (each, the “Town Representative” and “Contractor Representative”). The Town Representative shall also be the “Project Manager.” The Contractor Representative shall have the authority to speak on the Contractor’s behalf with respect to the Work and shall be present at the Work site as necessary to assure the Contractor’s satisfactory performance. The Contractor Representative shall also be responsible for advising the Town Representative of the status of the Work, for assuring frequent and effective communication with the Town, and attending such meetings as may be required to coordinate with the Town. The Contractor Representative further shall take direction only from the Town Representative or his/her/their designee and to comply promptly and fully with the reasonable requests and directives issued by the Town Representative or their designee from time to time. The Contractor Representative shall be responsible to the Town Representative concerning any changes in the scheduling of the Work and closures of public facilities required to complete the Work. The Town may change its representative at any time by notice to the Contractor. The Contractor shall not replace the Contractor Representative unless: (a) The Town requests a replacement; (b) the Contractor terminates the employment of the Contractor Representative and provides a satisfactory substitute; or

(c) the Contractor proposes a satisfactory substitute Contractor Representative, which the Town accepts in writing. In the event the Town Representative is not satisfied with the management, supervision, or other performance of the Contractor Representative, the Town Representative may require that the Contractor designate another individual to serve as the Contractor Representative. The Town must approve a substitute Contractor Representative, and, if no substitute is acceptable, the Town may terminate this Contract.

(b) Deviations from Contract Documents. Failure of the Town’s on-site representative to call

Parker Fieldhouse Office Remodel - CIP26-020 6 5/22/2026 to the attention of the Contractor any defective work or deviations from the Contract Documents shall not constitute acceptance of such work by the Town or relieve the Contractor of its obligation to perform the Work in strict accordance with the Contract Documents.

4. DESCRIPTION OF WORK.

(a) Scope of Work. Except as otherwise stated in the Contract, Contractor shall furnish all the labor, equipment, materials, power, transportation, temporary construction, and supervision necessary for or incidental to the complete and timely performance of everything described in or reasonably implied from the Contract Documents (the “Work”).

The Contractor shall be responsible for the Work, including supervision of the construction, until completion and Final Acceptance. The Contractor warrants that it is fully qualified to perform the Work in accordance with the professional standards of the industry and shall perform the Work in a first-class, workmanlike manner to the satisfaction of the Town and in strict accordance with the provisions of the Contract Documents.

(b) Knowledge of the Work. Before executing this Contract, the Contractor has become fully informed regarding the Work and any materials or equipment required, including the amount or quantity thereof. No adjustment or modification shall be allowed for any misunderstanding of the Work or of equipment or material requirements, or of the provisions contained in the Contract and in the other Contract Documents. The selection of materials and equipment for the Work shall be in accordance with the Contract Documents and the laws of Colorado.

(c) Site Clean-Up.

i. On a daily basis, the Contractor shall maintain the work Site free from accumulation of waste materials or rubbish caused by performance of the Work and shall keep the Site, partially-finished structures, and materials stockpiles in a reasonable state or orderliness and cleanliness. The Contractor shall remove all rubbish, tools, construction equipment, machinery, and surplus material from the work site. If the Contractor fails to maintain the work Site in an appropriate condition, the Town may, after notice to the Contractor, perform any necessary clean-up and charge the clean-up costs to the Contractor.

ii. Upon completion and before Final Acceptance of the Work, the Contractor shall, at its expense, remove from the work site and property of the Town, all machinery, equipment, surplus or unused materials, rubbish, concrete forms and other like material, barricades, signs and temporary structures, and shall leave the premises in a condition which is satisfactory to the Town. In the event of the Contractor’s failure to do so, the same may be removed by the Town and the Contractor and its surety or sureties shall be liable for the cost thereof.

(d) Utilities. If utility location is required for the Work, the Contractor shall fully comply with the provisions of Article 1.5 of Title 9 of the Colorado Revised Statutes including, but not limited to, providing notices to the notification association. Unless otherwise provided in the Contract Documents, the Contractor shall be responsible for communicating and

Parker Fieldhouse Office Remodel - CIP26-020 7 5/22/2026 coordinating with all utilities affected by the Work, as necessary. The Contractor shall cooperate with utilities and the Town as provided in the Contract Documents and as required by law. The Contractor shall be responsible for determining the exact location of the utilities that may interfere with construction of the Work by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. Relocation or repair of utilities encountered, even if not shown on the Contract Documents, shall be the responsibility of the Contractor. The Town shall not be responsible to the Contractor for the existence of utilities not shown on the drawings and the Contractor remains obligated under this subparagraph for all hidden utilities. The Contractor will consider in the Contract Price all of the utility appurtenances within the Project; and the Contractor shall not make a claim for delay or additional compensation due to any relocation operations by the utility(ies).

(e) Noise Abatement. At all times through the performance of this Contract, the Contractor shall be familiar with and comply with all local noise ordinances and construction working hours, as provided in Section 6.03.060 of the Town of Parker Municipal Code, in the performance of the Work. The Contractor shall not conduct the Work in excess of the permissible decibel levels provided by local noise ordinances. The Contractor shall provide the Town Representative with prior notice of any Work that may result in such excessive noise levels. The Town shall consider surrounding neighbors and Town customers in determining permissible time and conduct of any Work that may be in excess of local noise ordinances.

(f) Traffic Control. The Contractor shall, at all times, conduct the Work in such a manner as to cause the least inconvenience and greatest protection to the general public. The Contractor shall furnish and maintain all signs, barricades, lights, two-way radios, flaggers, and traffic control personnel as necessary to control traffic and provide for the safety of the public, in accordance with the Colorado Department of Transportation specifications/standards, current edition, the Manual on Uniform Traffic Control Devices, current edition, and the Federal Highway Administration. Additionally, the Contractor shall construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to address public and private traffic affected by the Work. The cost of furnishing and maintaining the above facilities shall be incidental to the contract and no extra compensation for it will be allowed.

5. ACCESS AND REVIEW.

(a) Access and Inspection. The Town and its representatives will, at all times, have access to the Work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these Contract Documents. The Contractor shall provide proper facilities for access to and inspection of the Work for the purpose of determining compliance with this Contract and the quality of workmanship and material. The Town Representative may order that portions of the Work be uncovered, exposed, or made available for observation, inspection, or testing as more particularly set forth in the Paragraph titled Uncovering of Work. The Contractor shall provide all labor, tools, materials, equipment, and supplies necessary to comply with the request of the Town Representative. If any portion of the Work is determined to be defective, the Contractor shall bear all costs involved to bring the Work into compliance with the Contract

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Documents, including without limitation the cost to replace any materials, to re-perform, or to reconstruct as more particularly set forth in the Paragraph titled Correction of Work.

The Contractor shall remove from the work Site all work or materials rejected by the Town for failure to comply with the Contract Documents whether incorporated into the Work or not at no additional cost to the Town.

(b) Interpretation. Whenever, in the drawings or Contract Documents, the terms "as ordered,"

"as directed," or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of the Town as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective shall not be effective to assign to the Town any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility for the Work.

(c) Inspection Hours. The Contractor shall perform the Work during a regular 5-day, 40-hour work week, Monday through Friday.

6. UNCOVERING OF WORK. If any portion of the Work should be covered contrary to the request of the Town or contrary to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Town, be uncovered for its observation and shall be replaced at the Contractor’s expense.

7. SURVEYS, PERMITS, AND EASEMENTS.

(a) Surveys. The Contractor shall furnish all required surveying.

(b) Permits and Licenses. The Contractor shall secure and pay for all necessary permits, fees and licenses in connection with the performance of the Work and shall pay all municipal and other fees in connection therewith, except those expressly provided by the specifications as being the responsibility of the Town or waived by the Town, and shall furnish at its expense any and all bonds and cash or other deposits required by law or required by any lawful body having the right to make demand therefor.

(c) Easements. The Town will provide rights-of-way and easements as shown on the drawings for construction purposes. Any additional land actually needed by the Contractor for the performance of the Work, proper location of its plant and equipment, or the storage of materials and supplies for the Work, shall be furnished by the Contractor.

8. PROTECTION OF WORK, PROPERTY AND PERSONS.

(a) Safety Precautions. The Contractor shall be responsible for initiating and maintaining all safety precautions and programs in connection with the Work, including erecting and maintaining all necessary safeguards at the work site. The Town will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to

Parker Fieldhouse Office Remodel - CIP26-020 9 5/22/2026 prevent damage, injury or loss to all employees on the Work who may be affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

(b) Placement of Materials Off-Site. The Contractor shall, at all times, consult with and obtain the approval of the Town for the storage of material, operation of equipment, placing of temporary structures or dispositions of any surplus or waste materials upon property of the Town anywhere outside the limits of construction. The Contractor shall comply with all state, federal and local laws related to the storage or placement of any supplies, equipment, structures, or any other materials.

(c) Emergency Situations. In emergencies affecting the safety of persons, the Work, or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Town, shall act to prevent threatened damage, injury or loss.

(d) Protection of Property. The Contractor shall be responsible for the preservation of all private and public property along and adjacent to the Work and shall take all necessary precautions to prevent damage or injury thereto. Such preservation and protection shall include, but not be limited to, trees, stone walls, fences, mailboxes, monuments, irrigation ditches, driveways, road access culverts, underground pipelines and structures. Such preservation and protection shall apply to all underground pipelines and utilities whether publicly, privately or individually owned that are in or adjacent to the right-of-way. When direct or indirect damage is done to public or private property by reason of the Contractor’s operation on the property, the Contractor shall replace or restore such property to its pre-existing condition to the satisfaction of the Town at the Contractor’s sole expense, including costs that are incidental to such restoration work.

9. CONTRACTOR’S RESPONSIBILITY.

(a) Employees. The Contractor shall employ on the Work only such persons who are competent and skilled in their assignments. Any employee who obstructs the progress of the Work through incompetence or other means or conducts themself improperly shall be discharged or removed from the Work when so requested by the Town. This section shall not create a duty for the Town to evaluate or assess the competence or skills of the Contractor's employees, contractors, or agents.

(b) Tools. Specialty tools furnished with any equipment used for erection purposes shall be turned over to the Town after completion of the erection in a condition acceptable to the Town. In case of rejection by the Town, the Contractor shall replace the tool or tools at no extra cost to the Town.

10. TOWN’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within three (3) days after receipt of written notice from the Town to commence and continue correction of such default or neglect with diligence and promptness, the Town may, without prejudice to any other remedy it may have, make good such deficiencies. In such case an appropriate Change

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Order shall be issued deducting from payments then or thereafter due to Contractor, the cost of correcting such deficiencies, including compensation for any additional services or work made necessary by such default, neglect, or failure. If payments then or thereafter due to Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Town.

11. CORRECTION OF WORK.

(a) Correction of Documents. The Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, plans, reports, drawings, and any other services rendered by the Contractor; and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies which may occur.

(b) Correction of Defective Work. The Contractor shall promptly correct all Work rejected by the Town as defective or as failing to conform to the Contract Documents observed before Final Acceptance and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Town’s additional services made necessary thereby. This obligation shall survive termination of the Contract. The Town shall give such notice promptly after discovery of the condition.

(c) Removal of Defective Work. The Contractor shall remove from the site all portions of the

Work which are defective or non-conforming and which have not been corrected, unless the Town waives removal.

(d) Failure to Correct Defective Work. If the Contractor fails to correct defective or non-conforming Work, the Town may correct it in accordance with the Paragraph titled Town’s Right to Carry Out the Work.

(e) Town’s Right to Remove and/or Replace Defective Work. If the Contractor does not proceed with the correction of such defective or non-conforming Work within a reasonable time fixed by written notice from the Town, the Town may remove it, replace it with conforming Work, and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal, replacement, and storage within fourteen (14) days thereafter, the Town, upon fourteen (14) additional days’ written notice, may sell such non-conforming Work, including the materials and other components of such Work, at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Town’s additional services made necessary thereby. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor, and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Town.

(f) Contractor to Bear Mitigation Costs. The Contractor shall bear the cost of making good all work of the Town or separate contractors destroyed or damaged by such correction or removal and replacement, unless in the Town’s sole discretion, the Town agrees to a

Parker Fieldhouse Office Remodel - CIP26-020 11 5/22/2026 percentage deduction of the total Contract payment, in lieu of said correction or removal of Work.

12. CHANGES IN THE WORK.

(a) Change Orders. The Town Representative, by written instructions issued to the Contractor, may extend the Start Date or the Completion Date or make such changes to the Contract Documents as may be necessary to accomplish the purposes intended to be provided under this Contract, including an increase in the Contract Price. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment will be authorized by Change Order.

(b) Amendments. All other changes to this Contract must be made by contract amendments, which must be in writing and approved by the duly authorized representatives of each party.

The Contractor shall not commence any changed or increased work prior to receipt of a duly executed Change Order or contract amendment unless directed by the Town as provided herein. Except as provided below, the Town shall have no duty or obligation whatsoever to compensate or to reimburse the Contractor for additional work not specifically authorized as provided herein. In the event (i) the Town requires additional compensable work to be performed by the Contractor prior to the execution or other finalization of a Change Order or contract amendment, and (ii) the Contractor has submitted to the Town an estimate of the cost for the additional compensable work, then the Town shall reimburse the Contractor for the costs associated with such additional work on a periodic basis in accordance with the terms of this Contract.

13. PERIOD OF PERFORMANCE.

(a) Notice to Proceed. Within fourteen (14) calendar days of receipt of the fully-executed Notice of Award, the Contractor shall provide the Town acceptable bonds (if applicable) and certificates of insurance. The Town shall issue a Notice to Proceed upon the Town’s approval of the bonds (if applicable), insurance and full execution of the Contract. No Work shall be performed by the Contractor until a Notice to Proceed for the Project is given by the Town Representative. The Contractor acknowledges that a Notice to Proceed will not be issued until the Town has received acceptable certificates of insurance and bonds, if applicable.

(b) Contract Time. The Contractor shall commence the Work on the date specified in the

Notice to Proceed, or if no date is specified, within seven (7) calendar days after receipt of the Notice to Proceed (the “Start Date”) and shall fulfill all of its obligations on or before the date set forth as the Completion Date on the Cover Sheet (the “Completion Date” and together with the Start Date, the “Contract Time”), except as the Completion Date is modified as permitted by this Contract. All time limits are of the essence in this Contract.

(c) Completion Schedule. The Contractor shall submit, prior to commencement of the Work, a completion schedule in accordance with the Project special provisions and shall update the schedule monthly for approval by the Town Representative. No time extensions will be granted for delays in the schedule approval. Failure by the Contractor to comply with the project schedule, other than for approved time extensions granted by the Town, shall

Parker Fieldhouse Office Remodel - CIP26-020 12 5/22/2026 constitute a material breach of this Contract. The initial progress payment shall not be made to the Contractor until the Town Representative approves the completion schedule. No subsequent payments shall be made until the Town Representative approves a schedule update for each monthly payment.

14. TIME EXTENSIONS AND COMPENSATION FOR DELAY.

(a) Remedy. If the Contractor is delayed or disrupted in the performance of the Work, the Contractor’s exclusive remedy with respect to such delay or disruption shall be as stated in this Paragraph.

(b) Time Extensions. Evaluation of all time extension requests shall be based upon the project schedule submitted to the Town by the Contractor prior to commencement of Work for approval (if any).

(c) Definitions. The following words shall have the meaning set forth below:

i. “Contractor Delay” is defined as delay on a particular date resulting from acts or omissions within the control of the Contractor or its subcontractors, agents, or suppliers, including any delay within their joint control.

ii. “No-Fault Delay” is defined as delay on a particular date resulting from events beyond the reasonable control of and without the fault or negligence of either the Contractor or the Town or their agents, employees, contractors, subcontractors, sub-subcontractors, or suppliers.

iii. “Owner Delay” is defined as delay on a particular date resulting from acts or omissions within the control of the Town, its agents, employees, or contractors, including the Town Representative.

iv. “Concurrent Delay” is defined as the occurrence on a particular date of one or more instances of Owner Delay and Contractor Delay, Owner Delay and No-Fault Delay, or Contractor Delay and No-Fault Delay.

(d) Completion Date Adjustment. An adjustment in the Completion Date for delay on a particular date shall be made under this subparagraph if any delay on such date is classified as either Owner, No-Fault, or Concurrent Delay. The adjustment in the Completion Date shall only be in proportion to the amount of the delay, which is attributable to Owner or No-Fault Delay. No adjustment in the Completion Date shall be allowed for the portion of the delay that is attributable to Contractor Delay, including but not limited to, that portion of a Concurrent Delay which includes Contractor Delay.

(e) Notification of Delay and Recovery. The Contractor shall notify the Town in writing as soon as practicable regarding the nature and starting date of a delay, and the activities affected, but in no case later than seven (7) calendar days after the event giving rise to the delay. In the case of a continuing delay, only one notification shall be necessary. Any claim for an extension of time for delay shall be made in writing to the Town not more than ten

(10) calendar days after the end of the delay; otherwise, such claim shall be waived.

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15. CONTRACT PRICE. The Town has appropriated the money necessary to fund this Project.

The Town shall pay the Contractor in current funds for the satisfactory performance of the Work, subject to any additions and deletions, by written Change Order, the total sum not to exceed the Contract Price set forth on the Cover Sheet (the “Contract Price”) in accordance with the Contractor’s Bid Sheet and the schedule set forth in the Contract Documents.

Notwithstanding anything to the contrary contained in this Contract, the Town shall not issue a Change Order or other form of directive requiring additional compensable work to be performed, which causes the aggregate amount payable under this Contract to exceed the amount appropriated for the Contract Price, unless the Contractor is given written assurance by the Town that lawful appropriations have been made by the Town to cover the cost of the additional work.

16. TIMES AND METHODS OF PAYMENT.

(a) Payment. Payment shall be made upon Final Acceptance of the Work and satisfactory compliance with the Paragraph titled Final Inspection and Payment.

(b) Progress Payments. If the Contractor is satisfactorily performing the Work, and provided any required schedule updates have also been submitted and approved, the Town shall make partial monthly payments in accordance with the provisions of subparagraph (d) of ninety-five percent (95%) of the Contract Price based on the calculated value of the Work completed (the “Progress Payments”) and shall retain five percent (5%) of the amount due to the Contractor (the “Retained Amount”) until the Work is complete. If applicable, the Contractor shall make payments to its subcontractors in accordance with C.R.S. §24-91-

103. Progress payments will not occur more than once per month unless approved in writing by the Engineering/Public Works Director.

(c) Retained Amount. The Town shall retain the Retained Amount until Final Acceptance, as defined below. If the Contractor has completed the Work in a manner finally acceptable to the Town, the Town may authorize final payment from the Retained Amount upon written request by invoice of the Contractor (the “Final Payment”). Before the Final Payment is made, the Town and the Contractor, as applicable, shall comply with the Paragraph titled Final Inspection and Payment.

(d) Invoicing. The Contractor shall, as soon as practicable after the end of each calendar month during performance of the Work, submit an itemized invoice for services performed, stating the percentage of the Work that has been completed and the type of services performed. The Contractor shall prepare the invoices at its sole cost and shall include sufficient detail to enable the Town to verify the appropriateness of the invoice. Each invoice shall be subject to review and approval by the Town Representative. The Town shall pay all undisputed invoices within thirty (30) days after review and approval of the invoice. If the Town objects to any invoices submitted by the Contractor, the Town will so advise the Contractor in a writing providing the reason within fourteen (14) days of receipt of such invoice. The Town shall not be required to pay disputed items until the dispute is resolved. Payment of any invoice shall not act as a waiver of the Town’s right to recover in full any over-payment revealed by any subsequent audit or inspection or seek any claim for damages or other remedy provided herein. Acceptance or payment of an invoice shall not be construed as acceptance of the Work. No air travel, car rental, entertainment, Parker Fieldhouse Office Remodel - CIP26-020 14 5/22/2026 education expense, meals or similar or related costs shall be payable without prior written approval of the Town.

(e) Early Payment of Retained Amount. Upon written request from the Contractor, the Town may pay all or a portion of the Retained Amount to the Contractor before Final Acceptance if, in the Town’s sole and absolute discretion, the Contractor is making satisfactory progress in any phase of the performance of the Work, the Contractor is otherwise in compliance with the terms of the Contract, and substantial reasons exist for the release of the Retained Amount. In addition, before any payment is made to the Contractor pursuant to this subparagraph, the Town shall receive written approval from any surety furnishing bonds for the Work that the release of the requested Retained Amount is acceptable.

(f) Incorrect Payments. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation may be recovered from the Contractor by deduction from subsequent payments due the Contractor under this Contract or other contracts between the Town and the Contractor.

(g) Remedies for Nonpayment. If the Town fails to make payments due Contractor within sixty

(60) days after receipt and acceptance of Contractor's invoice, Contractor may, after giving seven (7) days' written notice to the Town, suspend services under this Contract until Contractor's outstanding undisputed invoices have been paid in full.

17. FINAL ACCEPTANCE AND PAYMENT.

(a) Final Inspection. The Contractor shall notify the Town when the Work is complete and ready for final inspection by means of a letter of completion (the “Letter of Completion”), including the Contractor’s final invoice for payment. Within fourteen (14) calendar days of the Town’s receipt of the Letter of Completion, they shall make a final inspection to determine whether the Work has been completed in accordance with this Contract and shall submit a written list of any defects to the Contractor (the “Punch List”). The Contractor shall promptly correct all Punch List items without additional cost to the Town within fourteen (14) calendar days after receipt of the Punch List. If any defects cannot be corrected within fourteen (14) calendar days, the Contractor shall correct such defects promptly and with due diligence. If any Punch List item cannot be corrected within fourteen (14) calendar days, the Contractor shall submit a letter to the Town Representative for approval requesting an extension of time to complete such item (the “Request for Extension”). The Request for Extension must be received by the Town Representative within seven (7) calendar days of the Contractor’s receipt of the Punch List and shall include the Contractor’s justification for the request and a schedule for completion of the Punch List item.

(b) Required Documentation. Neither Final Payment nor the remaining Retained Amount shall become due until the Contractor submits to the Town an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work have been paid or otherwise satisfied. The Contractor shall deliver to the Town all statements to support state sales and use tax refunds and any as-built drawings. The Contractor shall provide the Town with a letter of approval for contract closure from any surety furnishing bonds for the Work provided on AIA Form G707 (“Consent of Surety Letter”) or equivalent form.

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The Consent of Surety Letter must state that the performance bonds will remain in effect through the expiration of the Guarantee Period as defined in the Paragraph titled Guarantee.

If required by the Town, the Contractor shall also provide such other data establishing payment or satisfaction of all obligations, including releases, lien waivers, and receipts and warranties, if any, have been provided to the Town.

(c) Final Payment. Upon the Town’s finding that the Work has been satisfactorily completed per the Contract Documents, including all Punch List items, the Town will provide the Contractor with a written acceptance of the Work (the “Final Acceptance”). Final Payment, including the Retained Amount, shall not be made until the Town Representative has approved the payment and a notice of contractor’s settlement has been published in accordance with C.R.S. § 38-26-107. The Town shall condition publication and final settlement upon receipt of any duly-executed Consent of Surety Letter(s). Such final settlement shall be advertised as provided by statute at least twice, the last publication appearing at least ten (10) days prior to the date of final settlement. On the date of final settlement (or such later date as may be permitted by statute if claims are asserted or litigation is commenced alleging nonpayment of funds due for labor, materials, supplies, etc.), Final Payment shall be made in full.

(d) Final Payment Does Not Operate as a Waiver. Notwithstanding anything else to the contrary contained herein, Final Payment by the Town shall not be construed as a waiver of any claims affecting or arising from:

i. Unsettled liens/claims;

ii. Faulty or defective work appearing after Substantial Completion;

iii. Failure of the Work to comply with the requirements of the Contract Documents;

iv. Terms of any special warranties required by the Contract Documents.

For purposes of this Paragraph, “Substantial Completion” shall mean the date certified by the Town when construction is sufficiently complete, in accordance with the Contract Documents, so that the Town can occupy or utilize the Work or designated portion thereof for the use for which it is intended.

(e) Release by Contractor. The acceptance by the Contractor of Final Payment shall be and shall operate as a release to the Town from all claims and all liability to the Contractor for all things done or furnished in connection with the Work and for every act and neglect of the Town and others relating to or arising out of the Work other than claims in stated amounts as may be specifically expected by the Contractor with the consent of the Town.

Any payment, however, final or otherwise, will not release the Contractor or its sureties from any obligations under the Contract Documents, including any bonds required by this Contract.

18. DEFAULT AND DAMAGES. The Town will not be responsible for the acts or omissions of Contractor or any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the Work. If the Contractor fails to comply with any provision

Parker Fieldhouse Office Remodel - CIP26-020 16 5/22/2026 of the Contract Documents, the Contractor shall be liable for any and all damages, including without limitation, the cost of procuring similar supplies and services and all other costs and expenses incurred by the Town because of such failure. If the Contractor fails or refuses to perform the Work on schedule, or to complete the Work in a timely and satisfactory manner, the Town may terminate this Contract and the Contractor’s right to proceed hereunder. If the Contractor, its subcontractors, or their respective employees or agents, cause any damage, injury, or loss to any person or property, the Contractor shall remedy such damage or injury at its sole expense. If the Town terminates this Contract under this Paragraph, the Contractor may, at the option of the Town, be required to cease any or all Work provided for under this Contract and shall be liable for any additional cost to the Town for services acceptable to the Town from another contractor as well as any damages associated with such failure to perform.

The cost to complete the Work or any portion thereof which remains unperformed at the time of such termination, together with any other damages, shall be deducted from any sum payable hereunder before Final Payment to the Contractor.

19. LIQUIDATED DAMAGES. Time is of the essence in completing the Work. In the event of delay in the completion of the Work as specified beyond the Completion Date, it would be difficult to determine the exact amount of the loss or damages suffered by the Town due to delays in completion of the Work. However, the Town has attempted to forecast a reasonable daily amount as compensation for damages incurred due to late completion caused by the Contractor, based upon considerations which include, but are not limited to, departmental and public inconvenience and additional contract administration costs. Therefore, the Contractor will be liable to the Town, as liquidated damages (and not as a penalty), in the amount set forth on the Cover Sheet for each and every calendar day beyond the Completion Date for which the Contractor is at fault for the delay. The Town reserves the right to deduct said liquidated damages directly from the Contractor or its surety. The Town reserves the right to recover its actual damages in lieu of recovery of liquidated damages under this paragraph.

20. INDEMNIFICATION.

(a) Indemnification. The Contractor agrees to and does indemnify, defend, and hold the Town and its officials, agents, and employees harmless from and against any and all claims, damages, losses, injuries, costs, and expenses (including reasonable attorneys’ fees), relating to or arising out of: (1) any act or omission of the Contractor and its employees, agents, or subcontractors in connection with the performance of the Work; (2) any breach of any covenant, representation, or warranty made by the Contractor under this Contract;

(3) use by the Contractor of any intellectual property in connection with the Work (whether such intellectual property is owned by the Contractor or a third party) or the incorporation by the Contractor of intellectual property into the Work; and (4) any workers’ compensation claims brought by any officer, employee, subcontractor, or agent of the Contractor relating to or arising out of such person’s performance of the Work. Contractor need not indemnify or save harmless the Town, its mayor and town council, its officers, agents and employees, from damages resulting from the negligence of the Town's mayor and town council, officials, officers, directors, agents, and their insurers, and employees.

The Town cannot and by this Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Trade Contractor or any other person or entity whatsoever, for any purpose whatsoever.

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(b) Compliance with C.R.S. §13-21-111.5(6). This indemnification provision is intended to comply with C.R.S. § 13-21-111.5(6), as amended, and shall be read as broadly as permitted to satisfy that intent.