Prospect Arena Phase 1 Project Manual.pdf

Project Manual for:

Prospect Arena Phase 1

Bid Set

Prepared for:

Prospect Recreation and Park District

Prepared by:

For:

September 18, 2025

PROJECT DIRECTORY

PROSPECT ARENA PHASE 1

OWNER: Prospect Recreation and Park District

Kyle Parker 4198 Xenon Street Wheat Ridge, CO 80033 Email: kparker@prospectdistrict.org

LANDSCAPE Design Concepts ARCHITECT: Lisa Langer, Will Woodard

211 North Public Road, Suite 200 Lafayette, CO 80026

(303) 664-5301 Email: LisaL@dcla.net WillW@dcla.net

CIVIL EV Studio ENGINEER : Brian Welch, Danielle Paglia 5335 W. 48th Ave. Ste 300 Denver, CO 80212

(303) 670-7242

Email: danielle.paglia@evstudio.com

ELECTRICAL Ackerman Engineering, Inc.

ENGINEER : Helen Reschl

3000 Youngfield St. Suite 264 Wheatridge, CO 80215

(303) 278-7297 Email: hreschl@aeiconsulting.com

IRRIGATION: Avocet Irrigation Design David Zickerman

7114 W Jefferson Ave Suite 201, Lakewood, CO 80401

(303) 986-2175 Email: avocet@wispertel.net

GEOTECHNCAL: Kumar & Associates, Inc.

Ryan Kumar

2390 South Lipan Street Denver, CO 80223

(303) 742-9700 Email: kadenver@kumarusa.com mailto:kparker@prospectdistrict.org mailto:LisaL@dcla.net mailto:WillW@dcla.net mailto:danielle.paglia@evstudio.com mailto:hreschl@aeiconsulting.com mailto:avocet@wispertel.net mailto:kadenver@kumarusa.com

TABLE OF CONTENTS

DATE: September 18, 2025

PROJECT: Prospect Arena Phase 1

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE

AGREEMENT

• Invitation to Bid/Instructions to Bidders

• Bid Bond

• Bid Form

• Owner-Contractor Agreement

• Legal Requirements

• Payment Bond

• Performance Bond

• General Conditions of the Contract

• Supplementary Instruction to Bidders

• Schedule of Values

SPECIFICATIONS

Title Section

DIVISION 01 - GENERAL REQUIREMENTS

Supplemental General Requirements ................................................................. 01 00 00 Summary of Work................................................................................................ 01 11 00 Contractor’s Use of Premises .............................................................................. 01 14 00 Project Meetings ................................................................................................. 01 31 19 Submittals ........................................................................................................... 01 33 00 Regulatory Requirements .................................................................................... 01 40 00 Quality Control .................................................................................................... 01 45 00 Construction Facilities and Temporary Controls .................................................. 01 50 00 Environmental Controls ....................................................................................... 01 57 19 Materials and Equipment ..................................................................................... 01 60 00 Contract Closeout................................................................................................ 01 77 00

DIVISION 02 – DEMOLITION

Demolition ........................................................................................................... 02 41 00

DIVISION 03 – CONCRETE

Structural Concrete ............................................................................................. 03 31 00

DIVISION 11 – EQUIPMENT

Playground Equipment ........................................................................................ 11 68 13

DIVISION 12 – FURNISHINGS

Site Furnishings .................................................................................................. 12 93 00

DIVISION 26 – ELECTRICAL

Common Work Results for Electrical ................................................................... 26 05 00 Low Voltage Power Conductors and Cables ....................................................... 26 05 19 Ground and Bonding for Electrical ...................................................................... 26 05 26 Hangers and Supports for Electricals .................................................................. 26 05 29 Raceways and Boxes for Electrical ..................................................................... 26 05 33 Identification for Electrical ................................................................................... 26 05 53 Panelboards ........................................................................................................ 26 24 16 Non-Metered Power Distribution Pedestal .......................................................... 26 24 17 Wiring Devices .................................................................................................... 26 27 26 Exterior Lighting .................................................................................................. 26 56 00

DIVISION 31 – EARTHWORK

Grading .............................................................................................................. 31 22 00 Erosion and Sediment Controls .......................................................................... 31 25 00

DIVISION 32 – EXTERIOR IMPROVEMENTS

Synthetic Turf Subgrade and Drainage System .................................................. 32 11 25 Concrete Flatwork ............................................................................................... 32 13 13 Pavement Marking .............................................................................................. 32 17 23 Irrigation System ................................................................................................. 32 84 00 Landscape Maintenance ..................................................................................... 32 91 00 Soil Preparation ................................................................................................... 32 91 13 Turf Grass……………………………………………………………………………….32 92 00 Seeding ............................................................................................................... 32 92 19 Plants .................................................................................................................. 32 93 00 Inert Ground Cover Material ................................................................................ 32 93 13

APPENDIX

Geotech Engineering Study and Pavement Thickness Design - Proposed Prospect Arena Park Improvements

00 0100

INVITATION TO BID

PROSPECT ARENA PHASE 1

Electronic bids will be received by the Prospect Recreation and Park District (“District”) for the construction of the Prospect Arena Project located at 13805 W. 52nd Avenue, Arvada, until 2:00 p.m.

(MDT) Friday, October 17, 2025. Bids received after this time will not be accepted.

Bids should be submitted electronically to http://www.bidnetdirect.com/prospectdistrict prior to the above-stated time and date. Bidders will receive confirmation that their bids have been received. Any bids received after the stated time and date will not be considered. A summary of bid results will be emailed to all bidders. Award notice will be posted on BidNet.

On October 17th, 2025, at 2:00 pm all bids that have been duly received will be reviewed.

Bids will be evaluated and the District expects to accept by written notice the proposal that, in its estimation, represents the lowest, responsive, and responsible bid. The required security, 5% of the Bid price, must be submitted electronically on BidNet. E-bond and electronic funds transfer (EFT) submissions are accepted by the District. Bid Bonds must be executed by a surety acceptable to District.

The work to be performed generally consists of the construction and installation of site elements, playground renovation, utilities, concrete flatwork, a portable restroom enclosure, curb walls, rubber safety surfacing, synthetic turf play areas, basketball court, electrical, site drainage, landscape and irrigation.

While not required, experience working on projects within Jefferson County is preferred.

Contract Documents, complete with plans and specifications may be obtained through BidNet at http://www.bidnetdirect.com/prospectdistrict..

The bidder to whom a contract is awarded will be required to furnish a Performance Bond and Payment bond to the District. Both bonds shall be furnished in the amount of 100 percent of the contract, in conformity with the requirements of the Contract Documents.

The District reserves the right to reject any and all bids, or to accept a bid or combination of bids, if any, which in its sole and absolute judgment, will under all circumstances best serve the District’s interest. No bids will be accepted from any firm, person, or corporation, who is in default as to any surety obligations or otherwise, or who is deemed by the District to lack the capacity to complete the project.

Questions regarding the RFP may be submitted by September 25, 2025, by 2pm. Responses will be provided on Bidnet on October 2, 2025, by 5pm.

To submit questions via email with all below contacts included:

Will Woodard – Design Concepts, Project Manager WillW@dcla.net

Lisa Langer- Design Concepts, Principal-in-Charge LisaL@dcla.net http://www.bidnetdirect.com/prospectdistrict http://www.bidnetdirect.com/prospectdistrict

Bid Bond 00300-1

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that of as Principal, and a Corporation duly organized under the laws of the State of , and authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the PROSPECT RECREATION AND PARK DISTRICT, 4198 Xenon Street, Wheat Ridge, Colorado, 80033, as Obligee, in the full and just sum of ten percent (5%) of the Principal's total bid price, lawful money of the United States, for the payment of which sum, well and truly to be made, the Principal and the Surety bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS the said Principal is herewith submitting their proposal for the construction of the Prospect Arena Phase 1.

WHEREAS, the Obligee has requested that said proposal be accompanied by a Proposal Guarantee in an amount not less than ten percent (5%) of the Principal's total bid price in fulfillment of which requirement this Bid Bond is made, executed and delivered.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the Contract, the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract and the prompt payment of labor and material furnished in the prosecution thereof, then this obligation shall be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former; in no event shall the Surety's liability exceed the penal sum hereof. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Obligee may accept such bid, and said Surety does hereby waive notice of any such extension.

Signed, sealed, and delivered ___________________________ Date

(SEAL)

Witness to the Principal

This Bond must be accompanied by a current Power of Attorney

THIS BOND will be acceptable only if issued by an insurer rated not less than A- in Best's Insurance Guide and has a Best's Financial Rating of at least Class VI.

END OF SECTION

Bid Form 00410-01

GENERAL CONTRACT BID FORM

Bid # PH 1-2025

TO: Prospect Recreation and Park District 4198 Xenon Street Wheat Ridge, CO 80033

FROM:

Company Name

Address

City, State ZIP

Telephone

Email Address

ACKNOWLEDGEMENTS:

Having carefully examined the Invitation for Bids, Instructions to Bidders, Supplementary Instructions to Bidders, General Conditions of the Contract, Supplementary Conditions, the Project Manual and Drawings entitled Prospect Arena Phase 1, as well as the premises and the conditions affecting their work, the undersigned proposes to furnish all labor and materials for general construction, including, but not limited to, site work, electrical and all work called for by them in strict accordance with the said documents.

The undersigned acknowledges receipt of Addenda Number(s):

If a Notice Agreement ends within thirty (30) days after the date of this proposal, the undersigned proposes to substantially complete the work on or before the date stated in the CONSTRUCTION AGREEMENT, and failing to do so agrees to pay the Owner the sum stated in the Supplementary Instructions to Bidders per calendar day thereafter that the work remains substantially uncompleted.

The undersigned recognizes the Owner's right to waive informalities in the bidding and to accept or reject any or all bids. Upon receipt of Notice of Award, the undersigned agrees to execute a formal Contract or the work within seven (7) days of receipt of such notice and will deliver a surety bond for the faithful performance of this Contract.

BASE BID: (Grand Total of site and playground costs) (in writing)

Dollars

(in numerals) $

If awarded a contract for this project, the undersigned person agrees to employ the following subcontractors:

Bid Form 00410-02

Landscape and Irrigation:

Earthwork: __________________________

Electrical:

Other:

ATTACHMENTS:

1. Bid Security is to become in full the property of the Recreation District, in the event the contract and bonds are not executed within the time set forth above, as liquidated damages for the delay and additional work caused thereby. (Bid Security is 5% of base bid submitted. Do not include alternates in figuring amount of bid security).

2. Certificate of Insurance

ATTEST:

Date:

Bidder:

type/print name signature

SEAL

Attest:

type/print name signature

SECTION 00500

AGREEMENT FORM

1.1 AGREEMENT FORM

A. The agreement form bound with this Project Manual will be used as the contract between

Owner and Contractor.

AGREEMENT 00500-2

AGREEMENT

This Agreement (“Agreement”) is made this day of , 2025, between the

Prospect Recreation and Park District, a quasi-municipal corporation and political subdivision located in the County of Jefferson, State of Colorado, hereinafter referred to as "Owner", and , a Corporation, of , hereinafter referred to as "Contractor."

Section 1. Scope of Work. Contractor shall perform all work in accordance with the Contract Document, as identified in Section 18 (“Contract Documents”) for Owners’ Prospect Arena Phase I Project, including furnishing all supervision, labor, equipment and materials therefor (hereinafter referred to as the “Project”), and shall complete the Project, including any additional work authorized pursuant to Section 17 (Change Order), in accordance with terms of this Agreement and the Contract Documents.

Section 2. Contract Price. Owner shall pay Contractor for the performance of work and completion of the Project the total price of Dollars ($ ) in accordance with the bid proposal submitted by Contractor. The Contract Price shall be subject to adjustment for changes in the plans and specifications or for extensions of time to complete performance, if approved by Owner and Contractor as hereinafter provided, and for changes in quantities, if bid on a unit-price basis in the bid proposal, which shall be verified by the Landscape Architect.

Section 3. Progress Payments. Owner will make progress payments monthly on account of the

Contract Price in accordance with partial payment applications prepared by the Contractor for work performed to date and approved by the Landscape Architect and Owner. Contractor shall submit all partial payment applications for the last completed work period to the Landscape Architect by the first Tuesday of each month. Owner shall authorize progress payments for the amount approved by the Landscape Architect and Owner under such partial payment applications on or before the second Tuesday of each month.

Progress payments shall not constitute final acceptance of work. Owner may withhold progress payments if: (a) Contractor's performance is inadequate or defective and not remedied in accordance with the Landscape Architect's directions; (b) Contractor does not make prompt and proper disbursements to subcontractors on receipt of progress payments from Owner; (c) Contractor does not promptly pay for materials, labor or equipment furnished by third parties; (d) claims or liens are filed on the Project; or (e) in the Landscape Architect's opinion, Contractor's performance is not progressing satisfactorily or completion of the Project is jeopardized by Contractor's performance.

Section 4. Retainage. In accordance with Section 24-91-103, C.R.S., the Owner shall retain from progress payments 5% of the calculated “value of completed work” if the Contractor is satisfactorily performing all work under and is in compliance with terms of this Agreement. If contractor has timely submitted its progress payment application in accordance with the terms of the Agreement, the Owner shall authorize payment of the amounts due there under on or before the end of the calendar month (or, if different, the partial payment date specified elsewhere in the contract documents) or as soon thereafter as practical. Unless otherwise approved by the Owner, in its sole discretion, the retained amount will be retained by the Owner until all work and other responsibilities of the Contractor under the Agreement have been completed satisfactorily and finally accepted by the Owner. Any release of retainage to Contractor or a Subcontractor prior to final payment shall, in addition to any other requirements of the Contract Documents, require written approval from the surety furnishing bonds pursuant to Section 13 (Performance and Warranty Bond).

AGREEMENT 00500-3

Section 5. Final Payment. Owner shall make final payment to Contractor in accordance with Section 38-26-107, C.R.S., within sixty (60) days after final acceptance of performance by Owner, as specified in Section 6 herein, and after receipt of the Landscape Architect’s confirmation to Owner that the Project has been completed satisfactorily. Upon completion of the Project and notice thereof to Owner, Landscape Architect shall inspect the Project and may reject any portion of performance not in conformity with the Contract Documents. Defective materials, equipment or work shall be remedied immediately by Contractor and before final payment.

In no event shall final payment be due until Contractor has delivered to Owner a complete release of all claims or liens against the Project and has produced the necessary receipts or waivers indicating final and total payment to all persons who have furnished materials, labor and equipment on which a lien or claim might potentially be filed. Publication of notice of final settlement pursuant to Section 38-26-107, C.R.S., shall precede final payment to Contractor.

By making final payment, Owner waives all claims against Contractor, except those expressly declared to Contractor in writing or those arising out of: (a) defective performance appearing after final acceptance; (b) performance in patent noncompliance with Contract Documents, unless expressly waived by Owner; (c) outstanding claims of any nature, including but not limited to claims for property damage or personal injury arising during the construction period or liens against the Project; or (d) Contractor's failure to execute any warranties, guarantees or bonds, or to provide insurance or other indemnification required by the Contract Documents. By accepting final payment, Contractor thereby waives any and all claims of every nature against Owner, except those expressly declared to Owner in writing prior to final payment.

Section 6. Final Acceptance. Final acceptance of the Project shall follow inspection and approval of Contractor's performance by the Landscape Architect, along with inspection by appropriate manufacturers' representatives and governmental officials pursuant to local, state and federal requirements, if necessary. Owner shall have the right and authority to determine the acceptability of Contractor's performance for conformity with the Contract Documents, which determination shall be conclusive and binding upon Contractor. Final acceptance by Owner is subject to the provisions of Section 5 herein and in no manner affects or releases any warranties or guarantees with Contractor or manufacturers of Project equipment. Publication of Notice of Final Settlement pursuant to § 38-26-107, C.R.S., shall also precede final payment to Contractor.

The Project, when presented to Owner for final acceptance, shall be delivered free from any and all liens, claims or encumbrances, whether then in existence or later established by law, statute, ordinance or otherwise. No lien, claim or encumbrance against the Project or the Project site shall be outstanding or otherwise unsettled at the time of final acceptance. The right to assert any lien, claim or encumbrance against the Project, after final acceptance by Owner and final payment to Contractor, is hereby waived by Contractor on behalf of itself and any subcontractor, laborer, materialman, equipment supplier, manufacturer or other person.

AGREEMENT 00500-4

Section 7. Commencement and Completion of Performance. Contractor shall commence performance on the Project within seven (7) days after receipt of written Notice to Proceed and diligently prosecute the Project through its final completion. Contractor shall finally complete the Project within thirty

(30) days after the date of Substantial Completion. For purposes of this Agreement (i) “Substantial Completion” shall be the time at which the Project has progressed to the point where, in the opinion of Landscape Architect, the Project is officially complete in accordance with the Contract Documents, so that the Project can be utilized by Owner for its intended purpose; and (ii) “Final Completion” shall be the time in which the Owner accepts the Project upon confirmation from Landscape Architect and Contractor that the Project is totally complete in accordance with the Contact Documents.” Unless Owner grants an extension of time as provided in this Agreement, Contractor shall complete the Project and achieve substantial completion of the Project within a maximum period of ninety (90) calendar days after commencement of performance of the Project. If the Contractor does not Substantially Complete performance within ninety (90) calendar days, Contractor agrees to pay the Owner liquidated damages at the rate of $1,000 per calendar day beyond the ninety (90) calendar days of performance to compensate the Owner for ordinary and general damages, delay and inconvenience to Owner, exclusive of any special damages which as by way of example and not limitation include any liability to third parties. If Contractor fails to Finally Complete the Project within thirty (30) days of Substantial Completion, Contractor shall pay to Owner liquidated damages at the rate of $750 per calendar day. The liquidated damages do not include any consequential damages suffered by the Owner and shall not be considered a penalty. The liquidated damages shall be deemed a reasonable measure of the ordinary and general damages, delay, and inconvenience to Owner, which it will suffer because of the Contractor’s delayed performance of the Project because such damages are otherwise difficult to ascertain by precise measurement.

Contractor acknowledges that the liquidated damages established herein are a reasonable pre-estimate of the detriment Owner will suffer in the event Contactor fails to perform the work and complete the Project by the Performance Deadlines set forth in herein and, after full discussion of the implications of this Section, further acknowledges that the above estimates are reasonable of presumed actually damages given it would be impractical and difficult to precisely ascertain the actual damages that Owner might suffer by reason of Contractor’s failure to perform the work and complete the Project by the Performance Deadlines.

No extension of time to complete performance shall be granted under normal circumstances.

Extensions of time to complete performance may be authorized for any actual period of delay, on an occurrence basis, for: (a) adverse weather or climatic conditions not reasonably anticipated; (b) major labor disputes; (c) acts of God; (d) detrimental acts of Owner; (e) acts of another contractor in the performance of related work under a separate contract with Owner; (f) delays resulting from the intervention of governmental agencies in the performance of the work on the Project, if not caused by Contractor; or (g) other extraordinary circumstances beyond Contractor's reasonable control. Foreseeable weather delays or failures in delivery of equipment or materials shall not constitute cause for an extension of time to complete performance. Any request for an extension of time to complete performance, including adjustments to the Contract Price resulting therefrom, shall be submitted in writing to the Landscape Architect for Owner's approval within ten (10) days after such occurrence, and the decision of Owner shall be conclusive and binding upon Contractor.

AGREEMENT 00500-5

Section 8. Default. At any time Owner may give to Contractor written notification of grounds for default, if: (a) Contractor fails to perform in an adequate or specified manner or proceeds in willful violation of the conditions, provisions, or terms of this Agreement or the Contract Documents, as determined by the Landscape Architect or Owner; (b) Landscape Architect advises Owner that performance of work on the Project is being delayed unnecessarily or that Contractor is executing its responsibilities hereunder in bad faith or contrary to the intent of this Agreement; (c) performance is not fully completed within the maximum period of time specified for completion under Section 7 herein; (d) work to be performed by Contractor under this Agreement is assigned without Owner's consent; (e) Contractor is insolvent or files for bankruptcy; (f) Contractor makes a general assignment of assets for the benefit of creditors; (g) a receiver is appointed for Contractor; or (h) other serious and reasonable cause exists, which jeopardizes completion of the Project. If Contractor shall not remedy or otherwise correct the grounds for default within ten (10) days or such additional period of time specified by Owner after receipt of such notice, Owner may thereafter terminate this Agreement and direct Contractor to discontinue any further performance on the Project, and Contractor shall then immediately stop all work on the Project and forfeit all rights hereunder. Owner, in its discretion, may request the surety of Contractor to complete the Project, or may contract with others or pay itself to perform such work at the expense of Contractor and its surety.

Any increase in costs over the Contract Price and any special damages incurred by Owner as a consequence of such default, including reasonable attorneys' fees, shall be paid and satisfied in full by Contractor and its surety.

Section 9. Termination. At any time Owner may, without cause and without prejudice to any other right or remedy hereunder, elect to abandon the Project and to terminate this Agreement. In such event, Owner shall give to Contractor written notification of Project termination at least ten (10) days in advance of the Project termination date. Owner shall pay Contractor for the performance of all work, including retainage, to the Project termination date and for such additional amounts as, in the judgement of the Landscape Architect, are reasonable to compensate Contractor for the termination of this Agreement. Final payment to Contractor shall be made in accordance with Section 5 herein.

Section 10. Taxes, Licenses, Permits and Regulations. In all operations connected with the Project, Contractor shall pay all fees, charges and taxes imposed by law, except for sales and use taxes from which Owner and the Project are exempted by law and shall obtain all licenses and permits necessary for completion of the Project, paying all fees therefor unless otherwise specified by the Landscape Architect.

Contractor shall comply with all laws, ordinances, codes, rules and regulations of all governmental authorities, whether local, state or federal, relating to the performance of work on the Project and, particularly, in complying with those laws concerning the environment, workmen's compensation, safety and health, state labor and materials, and equal employment opportunity. Owner shall, upon request, furnish Contractor with a copy of its certificate of tax exemption, which allows construction of the Project without incurring sales or use taxes thereon. Owner shall not reimburse Contractor for any sales or use taxes paid to the State of Colorado or any county or municipality from which Owner or the Project are exempted by law.

AGREEMENT 00500-6

Section 11. Indemnification. Contractor shall indemnify defend and hold Owner, and its agents, employees, Landscape Architects and attorneys, harmless from and against all costs, claims, damages, judgments, losses and expenses of every nature, including reasonable attorneys' fees, arising at any time out of any act or omission of Contractor, and its employees, subcontractors and their employees, and all other persons directly or indirectly involved in or performing work for the Contractor on the Project.

Section 12. Insurance. Contractor shall, during the term of this Agreement (a) maintain all insurance required by the Colorado State Workmen's Compensation Act or any other employee benefit law;

(b) provide broad form general liability and property damage insurance in the minimum amount of $500,000 for bodily injury or death or damage to property of any one person, and $1,000,000 for bodily injury or death or damage to property of more than any one person, which may arise out of or result from Contractor's performance on the Project and for which the Contractor is responsible hereunder, designating Owner and Landscape Architect as "additional insureds" thereunder; and (c) furnish casualty insurance for protection against damage, explosion, fire, vandalism, theft and other such dangers ordinarily included under such coverage, including loss of use resulting therefrom, to the full insurable value of all property, structures, equipment and material of Owner within Contractor's control, designating Owner as "loss payee" thereunder. Contractor shall file certificates of insurance coverage satisfactory to Owner prior to commencement of performance. Such certificates shall provide that coverages afforded thereunder shall not be canceled until at least thirty (30) days' prior written notice has been given to Owner.

Section 13. Performance and Warranty Bond. Contractor shall provide to Owner, prior to commencement of performance, a general performance, payment and warranty bond executed by Contractor and a corporate surety acceptable to Owner, in the full amount of the Contract Price, including provision for any adjustment thereof in accordance with the Terms of this Agreement.. Such performance bond shall expressly guarantee the (a) faithful performance of this Agreement and completion of the Project in strict compliance with all Contract Documents, according to the intent and meaning thereof; (b) repair and replacement, if required, or payment of the costs of all defective equipment, materials and work performed on the Project or as provided under any guarantee, condition or other Contract Document; and (c) payment to all persons performing labor and furnishing materials, supplies, tools and equipment in connection with completion of the Project. Contractor shall obtain such performance bond on Owner's behalf separate and apart from any similar bonds or surety or warranty agreements entered into independently between Owner and any manufacturer or supplier. Owner may, in its discretion, require that the bond guaranteeing payment to all persons performing labor and furnishing materials, supplies, tools and equipment in connection with the Project be separate from the bond guaranteeing performance and warranting the work. Notwithstanding anything contained within the bonds to the contrary, such bonds are required, in part by and shall comply with the minimum requirements of Section 38-26-106, C.R.S.

Section 14. Warranties and Guarantees. Contractor hereby represents, warrants and guarantees to

Owner all workmanship, equipment and materials on or made a part of the Project and its structures for a period of two (2) years from and after the date of final acceptance. Such warranty and guarantee shall be construed to include, but is not limited to, representations that all workmanship, equipment or materials are of good quality, free from any defects or irregularities, and in absolute conformity with Contract Documents. If any defect in workmanship, equipment or materials arises within such two-year period, Contractor shall remedy or otherwise correct such defect without cost to Owner within ten (10) days after receipt of written notice of any such defect. In the event of Contractor's failure to repair such defect within ten (10) days or such additional period of time specified by Owner after receipt of such notice, Owner may contract or arrange for such repair at the complete expense of Contractor and its surety. Contractor expressly declares that the Performance and Warranty Bond specified in Section 13 herein, shall remain in full force and effect during the period of this warranty and guarantee. Contractor shall provide such warranty and guarantee in Owner's behalf separate and apart from other warranties, guarantees and surety agreements entered into independently between Owner and any manufacturer or supplier.

AGREEMENT 00500-7

Section 15. Subcontractors. Contractor shall submit a list of all major subcontractors engaged to work on the Project prior to commencement of performance. All contracts between Contractor and subcontractors shall conform explicitly to all applicable provisions of this Agreement and the Contract Documents. In all events, Contractor shall be responsible and held liable for any bonding, insurance, warranties, indemnities, progress payments and completion of performance of or to such subcontractors.

Upon receipt of progress and final payments from Owner, Contractor shall disburse the same immediately to subcontractors without any requirement of Owner to supervise the same. No contractual relationship shall exist between Owner and any subcontractor because of the subletting of any part of the Project work.

Section 16. Landscape Architect. Official authority for the surveillance and administration of all performance under this Agreement is hereby delegated to the Landscape Architect of Owner, who is Design Concepts, Consulting Landscape Architects (referred to herein as "Landscape Architect"), unless otherwise provided in the Contract Documents. Throughout the construction period, the Landscape Architect, or such other duly authorized representative of Owner, shall observe the Project and shall consult with Contractor in regard to any inquiries, directions or interpretations of Contract Documents.

Section 17. Change Order. Contractor shall consult with the Landscape Architect before a material change or alteration in Contract Documents is undertaken by Contractor, whether or not the Contract Price is affected thereby. Any change in the Contract Price shall be considered a material change for purposes of this Section 17. Any material change or alteration shall be approved in advance by proper written order signed by the Landscape Architect and, if an adjustment to the Contract Price in excess of Five Hundred Dollars ($500) results therefrom, by the Owner. Otherwise, Contractor proceeds at its own risk and expense, and Owner, in its discretion, may order the removal and reconstruction of any unauthorized performance in actual conflict with the Contract Documents.

Section 18. Contract Documents. The Contract Documents which comprise the entire agreement and contract between Owner and Contractor, consist of this Agreement and any Addendum thereto; the documents contained in the Project Specifications, including but not limited to notice to bidders, instructions to bidders, bid or proposal, performance, payment and maintenance bond, notice of award, notice to proceed, drawings, general and specific specifications, and any Addendum to such specifications;

and any modifications, change orders or other such revisions properly authorized after the execution of this Agreement.

Section 19. No Damages for Delay. The Contractor agrees that delays resulting from any causes other than acts or omissions of the Owner, its employees, agents or other acting on its behalf shall be considered fully compensated by an extension of the Contract Time and the Contractor agrees to make no claim for monetary damages for such delays, unless authorized pursuant to Section 24-91-103.5(1), C.R.S.

In no event shall the Contractor be entitled to recover any delay costs caused by the agents or anyone for whom it is responsible. The Contractor’s damages for delays resulting from acts or omissions of the Owner, its limited to extend general condition costs associated with a delay, unless authorized pursuant to Section 24-91-103.5(1), C.R.S.

Section 20. Consequential Damages. The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to the Contract Documents other than consequential damages authorized pursuant to Section 8-17.5-102, C.R.S. This mutual waiver includes: (a) damages incurred by Owner for Rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (b) damages incurred by Contractor for principal office expenses including the compensation of personal stationed there, for losses of financing, business and reputation and for loss of profit, except anticipated profit arising directly from the work.

AGREEMENT 00500-8

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with the Contract Documents. Nothing contained in this paragraph shall be deemed to preclude an award of liquidated damages, where applicable, in accordance with the requirements of the Contract Documents.

Section 21. Owner Representations and Contractor Remedy Granting Provisions.

(a) The Owner makes the following representations: (i) The Owner has appropriated money equal to or in excess of the Contract Price. (ii) the Owner, by issuing any change order or other directive requiring additional compensable work to be performed by Contractor without Contractor’s consent, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Contract Price, represents to the Contractor that lawful appropriations to cover the costs of the additional work have been made.

(b) For any form of change order or directive, other than a clarification, by the Owner, requiring additional compensable work to be performed, the Owner shall reimburse the Contractor for the Contractor's cost on the periodic basis set forth in the Contract Documents for additional directed work performed until a change order is finalized and approved by the Contractor. In no instance shall the periodic reimbursement be required before the Contractor has submitted an estimate of cost to the Owner for the additional compensable work to be performed.

(c) Upon the Owner's issuance of any change order or directive, other than a clarification, requiring additional compensable work to be performed without the Contractor's consent, the Contractor may request in writing within five (5) days from the date of such issuance that the Owner provide written assurance that appropriations are immediately available to the Owner for payment to the Contractor prior to performance of such additional work. Such written assurances may include, but are not limited to, a letter from the Owner explaining the expected sources of funding for the additional work. In the event that the Contractor makes such a request within five (5) days and the Owner does not provide written assurance reasonably satisfactory to the Contractor, the Contractor may stop work until such time as the Owner provides satisfactory assurances. The Contractor's acceptance of a change order in accordance with any assurances provided under this paragraph shall not limit or restrict the Contractor from making a claim under the Contract Documents for an adjustment to the Contract Price or the contract times or otherwise for expenses or damages directly attributable to the Contractor’s stoppage of the work as permitted hereunder.

Section 22. Assignment. Contractor shall not, at any time, assign any interest in this Agreement to any person or entity without the prior written consent of Owner. The terms of this Agreement shall inure to and be binding upon the successors and assigns of the parties hereto.

Section 23. Amendment. This Agreement may be amended, from time to time, by agreement between the parties hereto. No amendment, modification or alteration of this Agreement shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto.

Section 24. Severability. If any term, section or other provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section or other provisions shall not affect any of the remaining provisions of this Agreement.

Section 25. Waiver. No waiver by either party of any right, term or condition of this Agreement shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement.

AGREEMENT 00500-9

Section 26. Remedies. None of the remedies provided to either party under this Agreement shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, this Agreement shall be specifically enforceable by either party. This Agreement shall be construed in accordance with the laws of the State of Colorado, and particularly those relating to governmental contracts.

Section 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document.

Section 28. Entirety. This Agreement constitutes the entire Agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into and superseded by this Agreement.

Section 29. Conflicting Provisions. In the event any provision of this Agreement conflicts with any provision of any other Contract Document, then the provisions of this Agreement shall govern and control such conflicting provisions.

Section 30. Miscellaneous. Unless otherwise expressly provided, any reference herein to days shall mean calendar days. All times stated in this Agreement are of the essence.

Section 31. Colorado Labor Law. Because this Project is financed in whole or in part by funds of the State or any county, school district, special district or municipality of the State, Colorado Labor shall be employed to perform at least 80% of the work unless such requirement is waived by the Owner in accordance with Section 8-17-101(1), C.R.S. “Colorado Labor” means any person who is a resident of the State at the time of the Project. A “resident of the State” is a person who can provide a valid Colorado driver's license, valid State-issued photo identification, or documentation that he or she has resided in Colorado for the last 30 days.

AGREEMENT 00500-10

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.

OWNER

PROSPECT RECREATION AND PARK DISTRICT

By:

President

ATTEST:

By Secretary

STATE OF COLORADO )

) SS.

COUNTY OF )

The foregoing Agreement was acknowledged before me this day of , 2025, by as President of the PROSPECT RECREATION AND PARK DISTRICT, Owner.

Notary Public

My commission expires:

CONTRACTOR

By:

Title:

STATE OF COLORADO )

) SS.

COUNTY OF )

The foregoing Agreement was acknowledged before me this day of , 2025, by as of Contractor.

Notary Public

My commission expires:

Legal Requirements

000510-1

LEGAL REQUIREMENTS

1. PUBLIC WORKS PROJECT/CONTRACT

Owner's acceptance of a Contractor's proposal is expressly conditioned on the Owner and the Contractor entering into a written contact upon terms and conditions acceptable to Owner and the Contractor. The contract shall be a Guaranteed Maximum Price contract.

Among other terms and conditions, the contract must contain a delay damages clause in an amount of $1,000 per day for everyday completion of the Project extends beyond the date of substantial completion for reasons other than force majeure. If for any reason the parties have not fully executed a mutually acceptable contract within 20 days of Owner conditionally accepting the Contractor's proposal, Owner may, at its option, commence contract negotiations with one or more of the other Contractors who submitted proposals in response to the RFP, without the necessity of issuing a new Request for Proposals for this Project.

2. EXCEPTIONS TO THE RFP OR THE PROJECT

The Contractor specifically agrees to every provision contained in the RFP, unless the Contractor’s exceptions are specifically listed in its proposal, and unless such exceptions are accepted by the Owner and expressly incorporated into the written contract between the parties. All Contactor exceptions to this RFP or the Project shall be listed together on a separate page specifically identified as exceptions.

3. WARRANTY ADMINISTRATION

The Contractor shall serve as the Warranty Administrator. The Warranty Administrator shall be responsible for all aspects of all warranties relating to the Project, including but not limited to: (1) receiving all warranty claims from the Owner; (2) identifying and contacting the individuals(s) or entity(ies) issuing the warranty under which the claim is being made;

(3) arranging for all warranty work; and (4) processing all documents necessary and appropriate for the proper and timely processing of each warranty claim.

4. PERFORMANCE AND PAYMENT BONDS

a) The Contractor shall furnish, at is sole expense, a bond(s) covering its faithful performance of the Contract, the Work and Project, and payment of obligations arising under the Contract, in an amount equal to one hundred percent (100%) the Contract Price, including any increase in the Contract Price through Change Order.

b) Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement or the other Contract Documents, the Contractor shall promptly furnish a copy of the bond(s) or shall permit a copy to be made.

c) The bonds shall be issued by a corporate surety licensed to transact business in

Colorado and shall be in customary form. If, at any time prior to completion of the Work covered by the bonds, the surety shall be disqualified from doing business within the State, new bonds shall be provided from an alternate surety licensed to transact business in the State of Colorado. The amount of each bond shall be increased or decreased, as appropriate, to reflect Change Orders. A copy of each such bond and all modifications thereto shall be furnished to the Owner.

Payment Bond 000600-1

PROSPECT RECREATION AND PARK DISTRICT

PAYMENT BOND

(This Bond is issued simultaneously with Performance Bond in favor of the Owner conditioned on the full and faithful performance of the Contract.)

KNOW ALL MEN BY THESE PRESENTS that of

, as Principal, hereinafter called the Principal, and , A corporation organized and existing under the laws of the State of Colorado, and authorized to transact business in the State of Colorado, as Surety, hereinafter called the Surety, are held and firmly bound unto the, PROSPECT RECREATION AND PARK DISTRICT, 4198 Xenon Street, Wheat Ridge, Colorado, 80033, as Obligee, hereinafter called the Owner, for the use and benefit of it and the claimants as herein below defined in the principal amount of ($ ) for the payment of which sum to the Owner, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the Owner have entered into a certain written Contract (herein-after called the Contract) dated , 20 , for furnishing materials, supplies and equipment not furnished by the Owner, construction tools, equipment and the performance of all necessary labor, for and in connection with the construction of certain improvements designated, defined, and described in the said Contract and the conditions thereof and in accordance with Plans and Specifications for Prospect Arena Ph. 1 drawn by Design Concepts, a copy of which Contract, Plans and Specifications are or may be attached hereto, and which Contract is hereby referred to and made a part hereof.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, said Principal shall at all times promptly make…