OHIO CITY TOWN HALL OHIO CITY, COLORADO

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1 OHIO CITY TOWN HALL OHIO CITY, COLORADO PROJECT MANUAL PHASE 1 FOUNDATION STABILIZATION AND ELECTRICAL UPGRADES MAY 20, BID DOCUMENTS

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3 ISSUE LOG * Items in Italics have not been issued. ISSUE NAME DESCRIPTION ISSUE SET ISSUE DATE Bid Set 24x36 Drawings and Specifications A 5/20/14 REVISION DOCUMENTS DESCRIPTION ISSUE SET ISSUE DATE END OF ISSUE LOG BID SET SPECIFICATIONS i

4 DRAWING INDEX * Items in Italics have not been issued. *Items in Bold have been revised. NUMBER DRAWING NAME ISSUE SET ISSUE DATE A0.1 Cover Sheet A 5/20/14 A0.2 Site Plan & Code Review A 5/20/14 A1.1 Existing Conditions A 5/20/14 A1.2 Existing Elevations A 5/20/14 A7.1 Details A 5/20/14 T1.1 Foundation Stabilization A 5/20/14 T1.2 Electrical Distribution A 5/20/14 T1.3A Interior Structural Rehabilitation A 5/20/14 T1.3B Interior Structural Rehabilitation A 5/20/14 END OF DRAWING INDEX BID SET SPECIFICATIONS ii

5 SPECIFICATION INDEX * Items in Italics have not been issued. *Items in Bold have been revised. DIV NO. DIVISION TITLE ISSUE SET ISSUE DATE BID DOCUMENTS Invitation to Bid A 5/20/14 Instructions to Bidders A 5/20/14 Contractor s Bid Proposal A 5/20/14 Qualification Questionnaire A 5/20/14 Notice of Award Specimen A 5/20/14 Payment Bond Specimen A 5/20/14 Performance Bond Specimen A 5/20/14 Contract Agreement Specimen A 5/20/14 Notice to Proceed Specimen A 5/20/14 Change Order Form A 5/20/14 HISTORIC PRESERVATION TECHINICAL PROCEDURES S General Requirements for Safety and Health A 5/20/ S Accessibility Standards for Historic Buildings A 5/20/ S Secretary of the Interior s Standards for Rehabilitation A 5/20/ S Guidelines for Historic Buildings: General A 5/20/ S Guidelines for Historic Buildings: Wood A 5/20/ S Guidelines for Historic Buildings: Architectural Metals A 5/20/ S Guidelines for Historic Buildings: Interior Spaces A 5/20/ S Guidelines for Historic Buildings: Fire Safety A 5/20/14 DIVISION 01 GENERAL REQUIREMENTS Summary A 5/20/ Alternates A 5/20/ Payment Procedures A 5/20/ Project Management and Coordination A 5/20/ Field Engineering A 5/20/ Cutting and Patching Original Work A 5/20/ Construction Waste Management A 5/20/14 BID SET SPECIFICATIONS iii

6 Closeout Procedures A 5/20/14 DIVISION 02 EXISTING CONDITIONS Deconstruction A 5/20/ Protection and Salvage of Historic Elements A 5/20/ Structure Moving A 5/20/14 DIVISION 03 - CONCRETE Cast-In-Place Concrete A 5/20/14 DIVISION 05 - METALS Decorative Metal Railings A 5/20/14 DIVISION 06 WOOD, PLASTICS, & COMPOSITES Rough Carpentry A 5/20/ Finish Carpentry A 5/20/ General Wood Restoration A 5/20/14 DIVISION 07 THERMAL & MOISTURE PROTECTION Fluid Applied Waterproofing A 5/20/14 DIVISION 10 SPECIALTIES Fire Extinguishers A 5/20/14 DIVISION 20 MECHANICAL, ELECTRICAL & PLUMBING Electrical Design / Build Provisions A 5/20/ Interior Lighting A 5/20/14 DIVISION 30 SITE WORK Earthwork A 5/20/14 END OF SPECIFICATION INDEX BID SET SPECIFICATIONS iv

7 INVITATION TO BID The Gunnison County Public Works Department is soliciting bids for THE OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES, hereafter referenced as the Project. The Project generally consists of lifting and installing a new foundation, electrical and lighting system installation, and structural modifications to the roof trusses and interior columns. The Project is located at 8503 County Road 76, Ohio City, Colorado. Bid proposals will be accepted until 2:00 pm on June 19, 2014, at the office of Gunnison County Public Works, 811 Rio Grande, Gunnison, Colorado No bids may be withdrawn for 30 days from the opening thereof. Proposals will be compared and judged on the basis of total contract price, the contractor s qualifications and experience, and compliance with requirements. Each Bid must be accompanied by a Certified Check or Bank Draft on a responsible bank, or a satisfactory Bid Bond executed by the Bidder and a recognized Colorado Licensed Surety Company payable to Gunnison County, in an amount equal to 5% of the total bid. The contract will require the successful bidder to provide 100% Payment and Performance Bonds within fourteen (14) days of the receipt of the notice of award. Prior to the time the final contract is awarded, the Gunnison County Public Works Department reserves the right to enter into further negotiations with any contractor submitting a bid. A conditional or qualified bid will not be accepted. The Gunnison County Public Works Department reserves the right to reject any and all bids; to change, add to or amend the specifications; to waive any informalities; to accept the bid for the contract which, in its judgment, best serves the interests of the Gunnison County Public Works Department. Contract Documents are available to download on the Gunnison County Website, can be ed via PDF document by contacting the Architect, and at the office of Marlene D. Crosby, Assistant County Manager / Public Works Director at 811 Rio Grande Avenue Gunnison, Colordo, A mandatory pre-bid conference will be held at 2:00 p.m. May 30, 2014 at the building site located at 8503 County Road 76, Ohio City, Colorado. Marlene D. Crosby Assistant County Manager / Public Works Director End of Invitation to Bid

8 INSTRUCTIONS TO BIDDERS 1. TERMINOLOGY 1.1 The OWNER is the County of Gunnison, Colorado, or designated representative. 1.2 The OWNER S DESIGNATED REPRESENTATIVE is the Gunnison County Public Works Director, Marlene Crosby 1.3 The ARCHITECT is Ben White Architecture, L.L.C. 1.4 The CONTRACT ADMINISTRATOR is Marlene Crosby. 1.5 Terms used in the Instructions to BIDDERS shall have the meanings assigned to them in the Special Provisions. 2. BID PERIOD AND OPENING 2.1 BIDS will be received by the OWNER at 811 Rio Grande Avenue, Gunnison, Colorado until 2:00 p.m. June 19, BIDS will be opened and read publicly at that time at 811 Rio Grande Avenue, Gunnison Colorado. BIDS received after this date and time will not be accepted. 3. PROJECT EVALUATION 3.1 BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the BID SCHEDULE by examination of the site and a review of the drawings and specifications including Addenda. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or the nature of the WORK to be done. 3.2 The OWNER shall provide BIDDERS prior to bidding, all information pertinent to, that delineates, and describes the land owned and rights of way acquired or to be acquired. 3.3 The CONTRACT DOCUMENTS contain the provisions required for the performance of the Project. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the CONTRACT. 3.4 All applicable laws, ordinances, and rules or regulations of all authorities having jurisdiction over performance of the project shall apply to the WORK described by the CONTRACT DOCUMENTS. The BIDDER shall be responsible for compliance with these statutes.

9 3.5 Each BIDDER is responsible for inspection of the site, the reading of and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of a BIDDER to do any of the foregoing shall in no way relieve a BIDDER of obligations with respect to the BID. 3.6 Command type sentences are used in the CONTRACT DOCUMENTS. These refer to and are directed to the CONTRACTOR. Modifications, as stated in the special conditions, shall be given precedence over related language in other parts of the CONTRACT DOCUMENTS. 3.7 Questions regarding documents, discrepancies, omissions, or intent of the specifications or drawings on a technical level shall be communicated to the ARCHITECT, Ben White, Ben White Architecture, LLC, during business hours 8:00 a.m. to 5:00 p.m. Monday through Friday at least 7 days prior to the BID opening to provide time to issue an Addendum. Addenda will be issued, if in the opinion of the OWNER and the ARCHITECT, it is necessary. The OWNER and the ARCHITECT will not be responsible for oral interpretations of the specifications and drawings. All other questions, especially as they pertain to the Agreement, shall be communicated to the CONTRACT ADMINISTRATOR, or the OWNERS DESIGNATED REPRESENTATIVE at during business hours 8:00 a.m. to 5:00 p.m. Monday through Friday at least 7 days prior to the BID opening to provide time to issue a written Addendum. 3.8 The BIDDER shall carefully examine the site of the WORK, the drawings, and the specifications. The submission of a BID will be conclusive evidence that the BIDDER has investigated and is satisfied as to the conditions to be encountered, with respect to character, quality, and quantity of WORK to be performed. Submission of a BID will also be seen as evidence of the BIDDERS understanding of the materials required for completion of the WORK, completion time, and the authority that the OWNER and the ARCHITECT will exercise over the CONTRACT during its tenure. 4. SUBSTITUTION OR APPROVAL OF ALTERNATIVE MATERIALS 4.1 To obtain approval during the BID period to use unspecified, or equal, or as approved materials, BIDDERS shall submit written requests at least 7 days prior to BID opening. Requests received later than this time will be considered at the discretion of the ARCHITECT. Requests shall clearly describe the product for which approval is asked, including all necessary data to demonstrate its acceptability. The ARCHITECT will make recommendations on acceptability and a written Addendum will be issued if the product is acceptable.

10 5. BID FORMAT 5.1 Each BID must be submitted in a sealed envelope addressed to Gunnison County Public Works Department, 811 Rio Grande Avenue, Gunnison, Colorado 81230, Attn: Marlene Crosby, Response to Bid OHIO CITY TOWN HALL PHASE All BIDS must be made on the BID form included in the CONTRACT DOCUMENTS. All blank spaces for BID prices must be filled out in ink or typewritten, and the BID form must be completed in its entirety. Only one copy of the BID form is required. 5.3 The BIDDER shall supply the names and addresses of major material suppliers and SUBCONTRACTORS on the BID forms if requested. 5.4 The full name, business address, zip code and business telephone number with the area code of the individual, partnership, joint venture, or corporation submitting the proposal shall be legibly printed on the BID forms. The BIDDER shall sign the form with his usual signature. 5.5 A partner shall sign for the partnership. The names of all partners with addresses shall be given. 5.6 An officer shall sign for a corporation, the corporate existence shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 5.7 Any signature other than that of a corporate officer, partner, or the BIDDERS legally authorized agent or representative will be accepted only if an authenticated power of attorney is attached to the BID forms. All signatures shall be handwritten with the name printed or typewritten below the signature. 5.8 The BIDDER shall state for each item on the BID form the unit price and item total or lump sum in clearly legible figures. 5.9 In case of errors or uncertainty in pricing of any item, or if such pricing is omitted, then either unit prices or total price for the same item may be used, at the OWNERS discretion, to arrive at a total project BID cost. If the OWNER is unable to resolve ambiguities with respect to BID prices, the BID may be disregarded The BID shall contain acknowledgment of receipt of all Addenda in the space provided in the BID forms.

11 6. BONDS 6.1 Each BID must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been evaluated, the OWNER will return the Bonds of all except the three lowest responsible BIDDERS. When the CONTRACT is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be returned after the PERFORMANCE, PAYMENT and MAINTENANCE BOND has been executed and approved. A certified check may be used in lieu of a BID BOND. 6.2 A PERFORMANCE BOND and a PAYMENT AND MAINTENANCE BOND, each in a form acceptable to Gunnison County, and each in the amount of 100% of the Contract value, with a corporate surety approved by the OWNER, will be required for the faithful performance of the CONTRACT. 6.3 Attorneys-in-fact who sign BID BONDS, or PERFORMANCE, PAYMENT and MAINTENANCE BOND must file with each BOND a certified and effective dated copy of their power of attorney. 7. EVALUATION OF BIDS 7.1 The OWNER may waive any informality or minor defects, or reject any and all BIDS, regardless of the amount bid. Any BID may be withdrawn prior to the BID opening. Any BID received after the time and date specified for the BID opening shall not be considered. No BIDDER may withdraw a BID within 60 days after the BID opening. Should there be reasons why the CONTRACT cannot be awarded within the specified period, the time within which the BID shall remain valid may be extended by mutual agreement between the OWNER and the BIDDER. 7.2 The OWNER, or the OWNERS Representative, may make such investigations, as he deems necessary to determine the ability of the BIDDER to perform the WORK. The BIDDER shall furnish the OWNER with all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if, based on submitted evidence or the OWNERS investigation, said BIDDER fails to satisfy the OWNER that he is properly qualified to carry out the obligations of the CONTRACT and to complete the WORK as presented by the CONTRACT DOCUMENTS. 7.3 A Conditional or Qualified BID will not be accepted.

12 8. NOTICE OF AWARD 8.1 The OWNER shall issue a Notice of Award along with the necessary CONTRACT and BOND forms to the lowest acceptable BIDDER that will result in completion of the WORK within the time allotted by the CONTRACT DOCUMENTS. 9. EXECUTION OF CONTRACT 9.1 The BIDDER, to whom the CONTRACT is awarded, will be required to execute the CONTRACT and obtain a PERFORMANCE, PAYMENT AND MAINTENANCE BOND and furnish INSURANCE CERTIFICATES within 10 calendar days from the date when the Notice of Award is delivered to the BIDDER. In case of failure of the BIDDER to execute the CONTRACT or provide the required bond and insurance certificates the OWNER may consider the BIDDER in default, and the BID BOND accompanying the proposal shall become the property of the OWNER. 10. NOTICE TO PROCEED 10.1 The OWNER, within 20 calendar days of receipt of acceptable PERFORMANCE, PAYMENT AND MAINTENANCE BOND, INSURANCE CERTIFICATES and CONTRACT signed by the BIDDER to whom the CONTRACT was awarded, shall sign the Agreement and return to said BIDDER an executed duplicate of the CONTRACT. Should the OWNER not execute the CONTRACT within such period, the BIDDER may by written notice withdraw his signed CONTRACT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER The Notice to Proceed shall be issued within 10 calendar days of the execution of the Contract by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be changed by mutual agreement between the OWNER and CONTRACTOR. If the Notice to Proceed is not issued within the 10-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the CONTRACT without further liability on the part of either party. 11. LOCATION AND ACCESS 11.1 Encroachment on private property, outside the construction easements or right-ofway, by the CONTRACTOR or the WORK is prohibited unless special arrangements are made in writing with the property owner and agreed to by the ARCHITECT and the OWNER. Damage to private property within the delineated easements must be minimized by the CONTRACTOR, damages outside of the delineated easement shall be the responsibility of the Contractor. The location of the project is as shown on the location map.

13 12. OWNER S RIGHT TO REJECT BIDS 12.1 The OWNER reserves the right to reject any or all proposals and/or to waive technical defects as the interests of the OWNER may require. The OWNER proposes to award a CONTRACT to a single successful BIDDER as soon as possible after BIDS have been opened. 13. PRICES AND PAYMENTS 13.1 The quantities and portions of the WORK listed in the BIDDING SCHEDULE for which unit prices are asked, have been selected by the OWNER as the method of payment for the entire PROJECT as outlined in the drawings and described in the Specifications. Payments of these unit prices will be in full for the completed WORK and will cover materials, supplies, labor, tools, equipment and all other expenditures necessary to satisfactory compliance with the CONTRACT, unless specifically otherwise provided. End of Instructions to Bidders

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15 CONTRACTOR S BID PROPOSAL DATE: TO: Gunnison County Public Works Department 811 Rio Grande Gunnison, CO Pursuant to your Invitation to Bid for the OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES Project, the undersigned submits the following bid: BID SCHEDULE Item Contract Item Description Amount 1 Foundation Stabilization $ 2 Electrical Distribution $ 3 Interior Structure Rehabilitation $ TOTAL BID SCHEDULE $ CONSTRUCTION DURATION Item Contract Item Description Calendar Days to Complete 1 Foundation Stabilization 2 Electrical Distribution 3 Interior Structure Rehabilitation TOTAL NUMBER OF CALENDAR DAYS

16 The undersigned BIDDER proposes to sublet the following work: Work to be Name Business Address Performed The undersigned understands that the previous quantities of work are approximate only and are intended primarily to serve as a guide in evaluating bids. The undersigned acknowledges the receipt of the following addendum The undersigned agrees that this bid proposal may not be withdrawn for a period of thirty (30) days from the opening thereof. In submitting this bid proposal, it is understood that the right is reserved by Gunnison County to waive any informality in, or to reject any or all bids. By Title Company Address Phone End of Bid Proposal

17 GENERAL CONTRACTOR QUALIFICATION QUESTIONNAIRE THE OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES, COUNTY OF GUNNISON Each Bidder must provide at least 2 similar projects completed by the bidder within the last 5 years. Bidder: Address: State, City, Zip: 1.) PROJECT NAME: Owner of Project: Owner's Representative familiar with Project: Owner's Address: Owner's Telephone Number: Brief Description of Project: Total Contract Amount: $ Total Amount of Change Orders: $ Original Contract Time: Actual Completion Time: Was or is the Bidder a party in any capacity to any litigation or arbitration related to the Project? If so, describe briefly:

18 2.) PROJECT NAME: Owner of Project: Owner's Representative familiar with Project: Owner's Address: Owner's Telephone Number: Brief Description of Project: Total Contract Amount: $ Total Amount of Change Orders: $ Original Contract Time: Actual Completion Time: Surety's Name: Was or is the Bidder a party in any capacity to any litigation or arbitration related to the Project? If so, describe briefly:

19 NOTICE OF AWARD To: (company name) Date: (date) The Gunnison County Public Works Department has reviewed the bid proposal submitted by you for the OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES Project, as referred to in the Invitation to Bid. You are hereby notified that your bid proposal in the amount of ($) has been accepted. You are hereby required, within 5 days hereof, to furnish: 1. two signed original copies of the Contract; 2. those certificates of insurance required by Section 8 of the Agreement; 3. a fully-executed Payment Bond; 4. fully-executed Performance Bond; 5. a certificate of exemption as required by Section 6 of the Agreement; 6. proof of insurance as required by Section 8 of this Agreement. If you comply with the above requirements, you will receive a Notice to Proceed entitling you and requiring you to commence work on the project. If you fail to provide the above required documents, Gunnison County will be entitled to consider all of your rights arising out of this Notice as abandoned, forfeited and at an end. You are required to return an acknowledged copy of this Notice to the Gunnison County Public Works Department. By Public Works Director Gunnison County Public Works Receipt of the foregoing Notice of Award is hereby acknowledged: SPECIMEN By Title Date

20 KNOW ALL MEN BY THESE PRESENTS: PAYMENT BOND That we, the undersigned,, as Principal, and, a corporation organized and existing under and by virtue of the laws of the State of, and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Board of County Commissioners of Gunnison County, Colorado (hereinafter Gunnison County ), in the penal sum of Dollars ($ ) (100% of the contract value), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a Contract with Gunnison County for the OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES, as referred to in the Invitation to Bid, in conformance with the Contract Documents which are hereby referred to and incorporated by reference the same as if written at length herein, by which Contract Documents the Principal has agreed to perform the work and supply the materials necessary to complete the project described herein. NOW, THEREFORE, the conditions of this obligation are such that if the above-bonded Principal shall well, truly and faithfully satisfy all claims and demands incurred by the Principal in the performance of said Contract and any alterations in and additions thereto, then this obligation shall be void, otherwise to remain in full force and virtue and comply; and shall satisfy all claims and demands incurred by the Principal in the performance of said contract and shall fully indemnify and save harmless Gunnison County from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission or neglect of said Principal, its agents or employees with relation to said work; and shall fully reimburse and repay to Gunnison County all costs, damages and expenses which it may incur in making good any default based upon the failure of the Principal to fulfill its obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the specification contained herein and a condition of this bond shall be that the Principal shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing it or its subcontractors with labor and materials used or performed in the prosecution of work provided for in the above Contract, and that the undersigned will indemnify and save harmless Gunnison County to the extent of any and all payments in connection with the carrying out of such contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. SPECIMEN PROVIDED FURTHER that if the said Principal fails to duly pay for any labor, materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuel oils, grease, coal or any

21 other supplies or materials used or consumed by said Principal or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount as provided by law. PROVIDED FURTHER that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in anyway affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the specifications. IN WITNESS WHEREOF said Principal and Surety have set their hands and seals at,this day of,a.d. 20. SURETY: By Title Attest: PRINCIPAL: By Title Attest: (Accompany this bond with attorney-in-fact s authority from the Surety to execute bond, certified to include the date of the bond.) SPECIMEN

22 KNOW ALL MEN BY THESE PRESENTS: PERFORMANCE BOND That we, the undersigned,, as Principal, and, a corporation organized and existing under and by virtue of the laws of the State of, and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Board of County Commissioners of Gunnison County, Colorado (hereinafter Gunnison County ), in the penal sum of Dollars ($ ) (100% of the contract value), lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as follows: The condition of the above obligation is such that: WHEREAS, the said Principal has entered into a Contract with Gunnison County for the OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL UPGRADES, as referred to in the Invitation to Bid, in conformity with the Contract Documents which are hereby referred to and incorporated by reference the same as if written at length herein, by which Contract Documents the Principal has agreed to perform the work and supply the materials necessary to complete the project described herein. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, any extensions thereof which may be granted by Gunnison County, with or without notice to the Surety and during the one-year guarantee period, and if the Principal shall satisfy all claims and demands incurred under such Contract and shall fully indemnify and save harmless Gunnison County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay Gunnison County all outlay and expense which Gunnison County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. SPECIMEN Further conditions of the foregoing obligations are such that the Principal and Surety will guarantee the work performed under this Contract against defects in workmanship performed by the Principal and all defects in materials furnished by it which may appear within a period of one calendar year after the final acceptance of the work by Gunnison County. Under this guarantee, the Principal and Surety shall repair or replace all defective workmanship and material provided by the Principal appearing within one year after the completion and acceptance of the work, at no cost to Gunnison County. PROVIDED FURTHER that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in anyway

23 affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the specifications. IN WITNESS WHEREOF said Principal and Surety have set their hands and seals at,this day of,a.d. 20. SURETY: By Title Attest: PRINCIPAL: By Title Attest: (Accompany this bond with attorney-in-fact s authority from the Surety to execute bond, certified to include the date of the bond.) SPECIMEN

24 CONTRACT AGREEMENT 1. PARTIES. This agreement is made and entered into this day of,, between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO (hereinafter "Gunnison County"), and, (hereinafter "Contractor"). For the purposes of this agreement, the address of Gunnison County shall be: 811 Rio Grande Gunnison, Colorado and the address of the Contractor shall be: 2. CONTRACT DOCUMENTS. The entire contract between the parties shall consist of and include: a. Invitation to Bid; b. Instructions to Bidders c. Contractor s Bid Proposal, including any amended portions thereof accepted and approved by Gunnison County; d. Notice of Award; e. Payment Bond; f. Performance Bond; g. Contract Agreement; h. Notice to Proceed; i. Change Order Form; j. Addenda (If Any) 2.2 The provisions of the Specifications and the Construction Plans shall take precedence over any conflicting provisions in the proposal documents or other Contract Documents. SPECIMEN 2.3 In case of discrepancy in the figures in the Construction Plans, the matter shall be promptly submitted to the Architect, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. 3. SCOPE OF WORK. The Contractor shall furnish all of the necessary supervision, equipment, materials, tools and supplies and perform all of the labor and other services necessary for the OHIO CITY TOWN HALL PHASE 1, FOUNDATION STABILIZATION & ELECTRICAL

25 UPGRADES, as referred to in the Invitation to Bid, as described and required by the Contract Documents and referred to herein as the "Project". All workmen shall be competent and have sufficient skill, knowledge and experience in their class or work and operation of equipment, to perform all work properly and satisfactorily. The Contractor agrees to do the work in a first class, substantial and workmanlike manner to the satisfaction of Gunnison County in strict accordance with the provisions of the Contract Documents, including the Construction Plans and Specifications. 4. TIME OF COMPLETION. The Contractor shall commence the work required by the Contract Documents in accordance with the provisions of the Project Special Conditions and complete all work within 45 calendar days. The Contractor agrees that the completion of the Project within the time as set forth herein is of the essence and agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to insure the completion of the work within the prescribed time period. If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this agreement, or any extension thereof, or fails to complete said work within such time, Gunnison County may, in the sole discretion of Gunnison County, by written notice to the Contractor, terminate its right to proceed with the work or such part of the work as to which there has been a delay. In such event, Gunnison County may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and use any or all materials, appliance and plant as may be on the site of the work and necessary therefore. Whether or not the Contractor s right to proceed with the work is terminated, it and its sureties shall be liable under the terms of the Payment Bond and Performance Bond for the Contractor s refusal or failure to complete the work within the specified time. The Contractor s right to proceed shall not be so terminated or the Contractor charged with resulting damage if the Contractor be delayed at any time in the progress of the work by any negligent act of Gunnison County, Gunnison County employee or agent, or by changes ordered in the work, or by strikes, lock-outs, fire, unusual delay in transportation, unavoidable casualties or other causes beyond the Contractor s control. Inability to purchase the required materials listed in the Contractor s Proposal shall not be considered to be "beyond the Contractor s control". SPECIMEN If delay is due to a cause beyond the Contractor s control, the time of Completion of the work shall be extended for a period equal to such portion of the period of delay as the Contractor shall be able to show it could not have avoided by exercise of due diligence. The Contractor shall advise Gunnison County in writing within forty eight (48) hours from the beginning of such delay and shall file a written claim for an extension of time within three (3) days after the period of delay has ceased.

26 5. COMPENSATION. As consideration for the completion of the Project as required by the Contract Documents, Gunnison County shall pay to the Contractor the sum of $ which amount shall be payable as follows: a. once a month, at a date mutually agreeable, the Contractor will compile the quantities of work completed and submit to the Architect for review and approval. An amount equal to ninety percent (90%) of such amount shall be paid. The remaining ten percent (10%) shall be paid upon the issuance of the Certificate of Completion. b. If materials stored at the Project site are paid for by Gunnison County, title to such materials shall vest in Gunnison County. If such materials are stolen, lost or damaged before their incorporation into the Project, they shall be replaced at the Contractor s sole expense. 6. TAXES. Construction and building materials sold to the Contractor and subcontractors for use on structures, roads, streets, highways, and other public works owned by Gunnison County are exempt from State sales and use taxes. However, such materials may be subject to any sales taxes imposed by local cities and counties and other local taxing authorities. The Contractor and subcontractors shall apply to the Colorado Department of Revenue for certificates of exemption indicating that their purchase of construction or building materials is for a public project. Completed copies of the Application for Exemption Certificate with the approval of the Colorado Department of Revenue noted thereon should be delivered to Gunnison County prior to issuance of the Notice to Proceed. The Contractor agrees to secure from each subcontractor a copy of that subcontractor s approved Application and furnish a copy to Gunnison County. Bidders shall not include in proposals the exempt State sales and use taxes. 7. BONDS. SPECIMEN The Contractor shall secure and maintain, at the Contractor s expense, Payment and Performance Bonds executed by a corporate surety licensed to do business in the State of Colorado. Such bonds shall be in full amount of the contract price, shall remain in effect for a period of one year from the date of the issuance of a certificate of completion and shall be filed with Gunnison County prior to the commencement of any work on the Project. 8. INDEMNIFICATION AND INSURANCE. The Contractor shall indemnify and hold harmless Gunnison County, Gunnison County Public Works Department, and its officers, agents and employees from and against any and all claims, damages, losses, injuries and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the work. Nothing in this Agreement is, or shall be construed to be, a waiver, in whole or part, by Gunnison

27 County of governmental immunity provided by the Colorado Governmental Immunity Act or otherwise. The Contractor shall procure and maintain, at its own expense, until completion of all work and acceptance thereof by Gunnison County, all of the insurance coverage s stipulated below. The Contractor shall furnish Gunnison County with a certificate of such insurance acceptable to Gunnison County. Such certificate shall be issued to Gunnison County, listing Gunnison County as an additional insured, and shall provide for thirty (30) days written notice of cancellation or material change in coverage. The certificate shall be filed prior to the start of any work on the Project. a. Liability Insurance: The Contractor shall procure and maintain Comprehensive General Liability Insurance, at its own expense, during the life of this Contract, including completed operations, contractual liability and Automobile Liability Insurance affording coverage for all claims for bodily injury including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this contract, whether such operations be by the Contractor or by subcontractors under it or anyone directly or indirectly employed by the Contractor or by a subcontractor under it. Such insurance shall provide limits of liability of not less than one million dollars ($1,000,000.00). The Contractor shall furnish current certificates of insurance which shall include a provision that the insurance will not be canceled without thirty (30) days prior notice to Gunnison County. All such insurance shall be written on a Comprehensive Form of Policy. All such shall name as insured Gunnison County and the Contractor and any and all of its subcontractors. b. Workman s Compensation Insurance: The Contractor shall procure and maintain Workman s Compensation Insurance at its own expense during the life of this contract, including occupational disease provisions for all of its employees. The Contractor shall also require each subcontractor to furnish Workman s Compensation Insurance, including disease provisions for all of the Contractor s employees, otherwise it accepts full liability and responsibility for subcontractor s employees, and shall indemnify and hold harmless there from Gunnison County, Gunnison County Public Works Department, and its officers, agents and employees. In cases where any class of employees engaged in hazardous work under the agreement at the site of the Project is not protected under the Workman s Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance, deemed by Gunnison County to be suitable, for the protection of its employees not otherwise protected. SPECIMEN 9. SUBLETTING OF CONTRACT. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract, or of its right, title or interest therein, without the written consent of Gunnison County. The Contractor may utilize the services of specialty subcontractors on those parts of the Project which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award work to subcontractors in excess of fifty (50) percent of the contract price without prior written approval of Gunnison County.

28 The Contractor shall be fully responsible to Gunnison County for the acts and omissions of its subcontractors and of entities and persons directly employed by it, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this agreement shall create any contractual relationship between any subcontractor and Gunnison County. 10. DAVIS BACON COMPLIANCE. The Wage and Hour Division of the U.S. Department of Labor determines prevailing wage rates to be paid on federally funded or assisted construction projects. Subject to determination by the Gunnison County Public Works Director that the Project is federally funded or assisted, Contractor shall be required to comply with the Davis-Bacon Act, as amended. 11. GUARANTEES. The Contractor warrants and guarantees to Gunnison County that all equipment and materials to be furnished under this contract are free from all defects in workmanship and materials. The Contractor shall be responsible to obtain and ensure that all warranties and guarantees provided by manufacturers on equipment and materials furnished under this Contract denominate Gunnison County as an explicit recipient of such warranties and guarantees. The Contractor shall remove from the Project area all work or materials rejected by Gunnison County or its inspector in Gunnison County s sole discretion for failure to comply with the Contract Documents, whether incorporated in the construction or not. The Contractor shall promptly replace the materials or re-execute the work in accordance with the Contract Documents and without expense to Gunnison County which are or become defective in the sole discretion of Gunnison County, due to such defects within one (1) year after date of receipt by Gunnison County. The Contractor shall also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. Should the Contractor fail to proceed promptly in accordance with the guaranty, Gunnison County may have in its sole discretion such work performed at the expense of the Contractor. SPECIMEN 12. PRE-CONTRACT EXAMINATION. The Contractor hereby warrants that, before submitting its proposal, the Contractor examined all Construction Plans and became well and fully informed as to the materials and character of work required, the relationship of all the particular parts of the work and it visited and inspected the site, observing and examining the conditions existing. After execution of the agreement, no consideration will be granted for any misunderstanding of the materials to be furnished or the work to be done, it being mutually understood that the tender of the proposal carried with it an agreement to this end and all other conditions mentioned in the Contract, and implied a full and complete

29 understanding of them and all Construction Plans, drawings, notes, indications, and requirements. Should anything be omitted from the Construction Plans necessary to the proper completion of the work herein described, it shall be the duty of the Contractor to so notify Gunnison County before signing the agreement, and in the event of the failure of the Contractor to give such notice, it shall make good any damage or defect in its work caused thereby without extra charge. No allowance will be made for lack of full knowledge of all conditions, except such underground conditions as are determined after commencement of the work and were unknown to the Contractor. 13. ACCESS AND INSPECTION. Gunnison County and its designated inspector shall at all times have access to the work. The Contractor shall provide proper facilities for such access and for inspection of the work. The inspector designated by Gunnison County is, in the first instance, the judge of the performance of the contract as it relates to compliance with the Construction Plans and Specifications, quality of workmanship and material. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. Gunnison County s inspector may order that portions of the work be uncovered, exposed or made available for observation, inspection or testing. The Contractor shall provide all necessary labor, materials, tools and equipment to comply with the inspectors order. If such portion of the work is determined to be defective, the Contractor shall bear all costs involved, including the cost of reconstruction. If such portion of the work is determined to be in substantial compliance with the Contract Documents, the Contractor shall be compensated in accordance with Section 16 (Changes and Additional Work). 14. MEASUREMENTS. The Contractor shall verify all measurements at the site. All dimensions shown of existing work and all dimensions required for work that is to connect with work now in place shall be verified by the Contractor by actual measurement of the existing work. Any discrepancies between the contract requirements and the existing conditions shall be referred to Gunnison County s engineer before any work affected thereby has been performed. No compensation will be allowed for differences between actual dimensions and those indicated on the Construction Plans. Differences shall be submitted to Gunnison County s engineer for consideration before proceeding with work, and in the event of the failure of the Contractor to so notify Gunnison County s engineer, the Contractor shall make good any damage or defect in its work caused thereby, without extra charge to Gunnison County. SPECIMEN 15. NON-DISCRIMINATION. In connection with performance of work under this agreement, the Contractor agrees not to refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified, solely because of race, creed, sex, color, national origin or ancestry; and further agrees to insert the foregoing provision in

30 all subcontracts hereunder. 16. PROTECTION OF WORK AND PROPERTY. The Contractor shall continuously maintain adequate protection of its work and materials, secure the property from trespass and entry by the public, and protect the property from injury or loss arising in connection with the agreement and adequately protect adjacent property as provided by law and the Contract Documents. The Contractor shall at all times conduct its work so as to assure the least possible obstruction to traffic and adjacent residents. The safety and the protection of persons and property of the general public and residents along the street, highway and areas adjacent to the work shall be provided for by the Contractor. The Contractor shall make good any damage, injury or loss, except such as may be: a. directly due to errors in the Contract Documents; b. directly caused by agents or employees of Gunnison County; or c. directly due to causes beyond the Contractor s reasonable control and not due to its fault or negligence. The Contractor shall take all necessary precautions for the safety of employees, subcontractors and the public on the work and shall comply with all applicable provisions of federal, state, municipal, county or any other political subdivision s safety laws and building codes to prevent accident or injury to persons on, about or adjacent to the premises where the work is being performed. It shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall take all other action necessary to assure the safe passage of pedestrians and automobiles. 17. CHANGES AND ADDITIONAL WORK Gunnison County may in its sole discretion order changes within the scope of the work without invalidating the contract. Such changes may be made without notice to the Surety and the Surety shall not be released there from. Such changes shall not require work beyond the geographical limits of the original project unless the contract is modified. SPECIMEN No deviations from the Construction Plans will be permitted except those specifically authorized by a written change order issued by the engineer. Any completely executed change order shall be considered authorization to proceed with the additional work. If the Contractor proceeds without this authorization, it shall forfeit any claim for additional compensation for the work so performed. Payment for work occasioned by these changes shall be made in accordance with the provisions set forth below. The completion time shall be adjusted accordingly.

31 Gunnison County may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations do not change the total contract cost or the total cost of any major contract item by more than twenty (20%) percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the twenty (20%) percent limitation shall not invalidate the contract, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. Should the aggregate amount of altered work exceed the twenty (20%) percent limitation herein specified, such excess altered work shall be covered by supplemental agreement. If Gunnison County and the Contractor are unable to agree on a unit adjustment for any contract item that requires supplemental agreement, Gunnison County reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. If Gunnison County deems it expedient to correct damaged work or work not performed in accordance with the agreement, an equitable deduction from the contract price may be authorized by change order. 18. FINAL INSPECTION, ACCEPTANCE, AND SETTLEMENT. When the work is complete and ready for final inspection, the Contractor shall file a written notice with Gunnison County s Engineer that the work, in the opinion of the Contractor, is complete under the terms of the agreement. Within ten (10) days after the Contractor files written notice that the work is complete, the Engineer and the Contractor shall make a "final inspection" of the project to determine whether the work has been completed in accordance with the Contract Documents. A final list shall be made by the inspector in sufficient detail to fully outline to the Contractor: 1. Work to be completed, if any. 2. Work not in compliance with the Construction Plans, if any. SPECIMEN 3. Unsatisfactory work for any reason, if any. Four (4) copies of the list will be counter-signed by the inspector and will then be transmitted to the Contractor (two copies) and Gunnison County (two copies). Gunnison County will not authorize final payment until all items on the list have been completed, a certificate of completion issued, and the notice of contractor s settlement published. Before Gunnison County may advertise, the Contractor shall deliver to Gunnison County all guarantees and warranties, all statements to support State sales and use tax refunds, and one (1) set of as-built drawings showing all job changes. Upon completion of the foregoing, the Project shall be advertised by a notice of