SGC.doc

SUPPLEMENTAL GENERAL CONDITIONS

1 .0

GENERAL

1.1 These Supplemental General Conditions are intended to expand upon, supplement, modify or cancel the General Conditions. If the two sections are contradictory, the Supplemental General Conditions shall govern unless specifically indicated otherwise by Addenda.

1.2 The sections of the Contract Documents are complementary and what is called for by any one section, including Drawings, shall be as binding as if called for by all. The requirements of the Contract are not necessarily shown in the Drawings and project manual with titles or labels by construction trade discipline, manufacturer discipline, or design discipline. The Contractor shall be responsible for coordinating all aspects of the Project in his Bid and construction to provide the completed project as specified.

2 .0 LAWS, REGULATIONS AND PERMITS (Reference General Conditions, Section 10)

2.1 All applicable federal, state and local laws, codes and ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Project, shall apply to the Contract throughout, and they shall be deemed to be included in the Contract the same as though herein written out in full.

2.2 The Contractor shall be responsible for obtaining and paying for all permits and approvals, including environmental permits and approvals, necessary for the construction, but not the operation, of the Project.

3 .0 PAYMENTS TO CONTRACTOR (Reference General Conditions, Section 19)

3.1 The Contractor is hereby given notice that the Owner shall meet on the fourth Thursday of each month to conduct normal business including disbursements on accounts payable. To facilitate timely payment to the Contractor and allow adequate review of a progress payment request, the Contractor shall submit such request to the Engineer a minimum of ten (10) days prior to the fourth Thursday of each month. Disbursements will occur within approximately forty-five (45) days following Owner approval.

3.2 Notwithstanding any other provisions of this Contract, final payment of the Contractor by the Owner shall be in accordance with the provisions of C.R.S. §§ 38-26-106 and 107, as amended, which, among other things, require that notice of final settlement under the Contract be published at least twice in a public newspaper of general circulation in the county where the Contract is to be performed at least ten (10) days prior to the date of final settlement, and provide procedures for payment and collection of unpaid claims arising out of performance of the Contract by the Contractor.

4 .0 INSURANCE COVERAGE (Reference General Conditions, Section 21)

4.1 As additional insureds on all insurance coverage except Worker's Compensation Insurance, the Contractor shall include the Owner (City of Burlington) and the Engineer (GMS, Inc., Consulting Engineers) and each of their officers, agents and employees.

4.2 The Contractor's Comprehensive General Public Liability set forth in the General Conditions, Section 21.3.1, shall be revised to provide the following coverage including Premises-Operations, Independent Contractor's Protection, Products and Completed Operations and Broad Form Property Damage.

Bodily Injury:

$1,000,000 Each Occurrence

Annual Aggregate, Products and Completed Operations

Property Damage:

Annual Aggregate

Property damage liability insurance shall provide explosion, collapse and underground coverages.

4.3 Contractor's Comprehensive Automobile Liability Coverage set forth in the General Conditions, Section 21.3.1, shall be revised to provide the following coverage:

Each Person

Each Accident

4.4 Contractual Liability Coverage shall be provided by the Contractor.

Annual Aggregate

4.5 The requirement for Fire and Extended Coverage set forth in the General Conditions, Section 21.3.2, shall be applicable to this Contract.

4.6 The requirement for Builders Risk "All Risk" Completed Value Coverage set forth in the General Conditions, Section 21.5, shall not be applicable to this Contract.

5 .0 INDEMNITY (Reference General Conditions, Section 24)

5.1 The Contractor and any Subcontractor agrees to indemnify and hold harmless the Owner (City of Burlington) and the Engineer (GMS, Inc., Consulting Engineers) and their consultants, officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Agreement or the performance of the Work if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Owner may be determined only after Contractor's and any Subcontractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).

5.2 The Contractor will cause the provision set out in Sections 5.1 above to be inserted in all contracts between itself and Subcontractors.

6 .0 TAXES (Reference General Conditions, Section 31)

6.1 The Contractor shall apply to the Colorado Department of Revenue for a Tax-Exempt Certificate and project number for this Project. The Tax-Exempt Certificate shall be submitted to the Engineer and Owner at the earliest possible date but not later than thirty (30) days after award of the Contract unless otherwise agreed upon with the Owner. The Contractor shall utilize the Tax-Exempt Certificate and a tax-exempt project number when purchasing all materials and other taxable items to be incorporated in this Project. No state of Colorado sales or use taxes shall be included in his Bid for the work covered by this Contract.

6.2 The Contractor shall execute and deliver and shall cause his Subcontractors to execute and deliver to the Owner certificates as required to permit the Owner to make application for refund of any sales and use taxes paid by the Contractor for materials and other items included in the Project, should any be paid by the Contractor. The Owner will retain all refunds obtained.

7 .0

COLORADO PRODUCTS

7.1 Preference shall be given under this Contract to materials, supplies and provisions produced, manufactured or grown in Colorado, quality being equal to articles offered by competitors outside of the state.

8 .0

ENTIRE CONTRACT

8.1 The Contract Documents as defined in the Agreement constitute the entire agreement between the Owner and the Contractor and may only be altered, amended or repealed by a duly executed written instrument.

9 .0

DEFINITIONS

9.1 The definitions of the Contract Documents given in Section 1.7 of the General Conditions are hereby revised to read:

CONTRACT DOCUMENTS - The Contract, including Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Drawings, Specifications, and Addenda.

10 .0 CHANGES IN CONTRACT PRICE (Reference General Conditions, Section 14)

10.1 When Bid Schedules are based upon unit prices, the Contract amount will be adjusted by a Change Order at the corresponding unit prices submitted in the Bid Schedules according to the actual quantities determined by measurement of the finished construction upon completion.

11 .0

ADDENDA

11.1 All questions concerning the Drawings or Specifications which arise prior to the bid time shall be submitted to the Engineer in writing no later than two (2) days prior to the time set for receipt of bids. Corrections, revisions or clarifications shall be made by written addendum. Such addenda shall become a part of the Contract Documents and shall be binding as if incorporated and bound therein.

12 .0

QUANTITY ADJUSTMENTS

12.1 Base Bid: At the time of Award, the Owner reserves the right to adjust the Scope of Work for the Base Bid, contingent upon the bids received. Contractor agrees to hold the unit prices, even if the Scope of Work is increased or decreased by more than twenty percent (20%). It is the intent of the Owner to award the entire Base Bid Schedule.

13 .0 PAYMENTS AND RETAINAGE (Reference General Conditions, Section 19)

13.1 If the Contract exceeds ONE MILLION DOLLARS ($1,000,000.00), no such monthly payment shall exceed NINETY FIVE PERCENT (95%) of the calculated value of any work completed. The Owner shall pay 95% of any partial payment if, in the opinion of the Owner, satisfactory progress is being made under the Contract.

13.2 Should the Owner determine at any point in the Project that satisfactory progress is not being made under the Contract, the Owner shall retain up to ten percent (10%) of any partial payment request submitted thereafter if it is the Owner's opinion that additional retaining of funds may be necessary to assure proper completion of the Project.

13.3 In addition to the provisions of paragraph 13.1 above, the Contract shall be subject to the terms and provisions of C.R.S. §§ 24-91-101 through 110 regarding security deposits for retained funds.

14 .0

INTERPRETATION OF BIDS

14.1 All blank spaces for Bid prices on each Bid Schedule upon which the Bidder is submitting a Bid must be filled in, in ink or typewritten, or it will be presumed that any such omitted entry is intentional and the corresponding item is bid at no cost.

14.2 In case of a discrepancy between unit prices and extended totals, the unit prices shall govern unless a contrary interpretation is apparent from the information contained in the Bid.

14.3 If supplemental prices are requested for adjusting the contract price for more or less work than that specified, such prices shall be included with the Bid. The Owner reserves the right to reject any of these supplemental prices without invalidating the acceptance of the Bid should they appear excessive or unbalanced.

14.4 If a particular item of work is not specifically separated as a bid item, the cost therefor shall be included in the bid item most nearly related.

15 .0 SUBCONTRACTING (Reference General Conditions, Section 26)

15.1 Unless herein specified as an inclusion to be submitted with each Bid, the Bidder may be required to submit, within twenty-four (24) hours after the Bid opening, the names of Subcontractors and manufacturers of materials and equipment he proposes to use for the Work. There shall be only one name submitted for each classification unless the selection of alternatives by the Owner should affect the proposed names.

15.2 The Bidder may be required to establish the reliability and responsibility of the proposed names to furnish and perform the Work in accordance with the Contract Documents and completion schedule. Upon acceptance by the Owner, substitutions will not be permitted without the express written approval of the Owner.

16 .0

OWNER'S INVESTIGATION

16.1 The Owner reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein. Such rejection shall not give rise to a cause of action against the Owner or Engineer or impose a requirement upon the Owner or Engineer to divulge the information upon which such rejection is based.

17 .0

DETERMINATION OF SUCCESSFUL BIDDER

17.1 The Owner may determine the low successful Bidder based upon either using or not using the additive alternates contained in the Bid Form. The Owner's basis of determination of award will be that Bid which best benefits the Owner. The Owner may waive any informalities or minor defects or reject any or all Bids.

18 .0 ARBITRATION (Reference General Conditions, Section 30)

18.1 The provisions of the General Conditions regarding arbitration are hereby deleted.

18.2 The resolution of disputes by arbitration shall be voluntary.

18.3 No party to the Contract, nor any of its agents, shall be required to enter arbitration against their will.

19 .0

NONDISCRIMINATION AND AFFIRMATIVE ACTION

19.1 The Contractor agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act of 1957, as amended, and other applicable laws respecting discrimination and unfair employment practices (C.R.S. §§ 24-34-402) and, as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.

20 .0 GUARANTY (Reference General Conditions, Section 29)

20.1 The Contractor shall guarantee all materials and equipment furnished and work performed for a period of two (2) years from the date of substantial completion.

20.2 References to the warranty or guaranty period shall be changed to two (2) years throughout the Contract documents.

21 .0

ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES

21.1 For purposes of this Contract the following definitions apply:

21.1.1 "Department" means the Department of Labor and Employment of the State of Colorado.

21.1.2 "Department program" means the employment verification program established pursuant to C.R.S. section 8-17.5-102 (5) (c) by the Colorado Department of Labor and Employment.

21.1.3 "E-verify program" means the electronic employment verification program created in Public Law 104-108, as amended and expanded in Public law 108-156, as amended, and jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program.

21.1.4 "Newly hired for employment" means hired to work in the United States since the effective date of the public contract for services (this Agreement).

21.2 The Contractor certifies that the Contractor shall comply with the provisions of C.R.S. §8-17.5-101, et seq. and that the Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.

21.3 By entering into the Agreement with the Owner, the Contractor represents, warrants, and agrees as set forth in the following paragraphs:

21.3.1 The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-verify program or the department program established by the Colorado Department of Labor and Employment.

21.3.2 The Contractor shall not use either the E-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.

21.3.3 The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment.

21.3.4 If the Contractor fails to comply with any requirement of this provision or C.R.S. §8-17.5-101, et seq., the Owner may terminate this Contract for breach of the Contract, and the Contractor shall be liable for actual and consequential damages to the Owner.

21.4 If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall act as set forth in the following paragraphs:

21.4.1 Notify the subcontractor and the Owner within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

21.4.2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph C.1. above the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

22.0 ENGINEERING REFERENCES

22.1 The Owner or the Owner's designated representative may function as the Engineer during the course of the bidding and construction of this project.

22.2 All references to the Engineer contained within these Specifications may apply to the Owner or the Owner's designated representative if so clarified to the Contractor.