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Home My WebLink AboutRESPONSE - BID - 5963 TRAILWORK 2006ADDENDUM No. 1 ) CONTRACT DOCUMENTS Description of Bid No. 5963 TRAILWORK 2006 OPENING DATE: February 23, 3:00 p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following clarifications are hereby made. DIVISION 1 Section 01800 — Definition of Bid Items Bid Item 2 & 9 — Traffic Control Contractor shall furnish all labor, materials and equipment for on -site security. This includes furnishing, installing, and maintaining barriers that provide for a safe construction site for the duration of the trail project. The City of Fort Collins Park Planning and Development will have traffic control provided to allow detour routes for pedestrians. The City will also provide for a safe access to the sites for our contractors, materials and equipment. Bid Items 5 & 14— 5" Colored Concrete Paving Contractor shall furnish all labor, materials and equipment to install 10' wide concrete trail. Bid amount includes installation of 5" thick standard concrete (3,500 psi) with fiber mesh reinforcement. All concrete paving to be Yosemite Brown Colored Concrete. The Power Trail alignment is to be field staked by the owner's representative prior to construction. The Poudre Trail asphalt to concrete conversion is to start to the east of the Lemay Avenue bridge and pedestrian access ramps. The access ramps and bridge will be maintained by the City as a detour route for people to cross Lemay avenue, please keep it free and clear of debris and construction equipment. Bid Item 12 — ABC Class 5 The bid price for this item shall include supplying, placing, and compacting aggregate base course in accordance with the Drawings and Specifications or as otherwise directed by the ENGINEER. Measurement and payment for this item will be by the actual number of tons in place (by scale tickets), complete at proper moisture. Quantities will be adjusted accordingly if the moisture content is too high. The method to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item. Estimated quantities are broken into two locations along the power trail. The engineer's estimate is that it will take 86 tons to bring the access ramp off Horsetooth Road at a 5% grade at approximately 20' wide. The remaining quantity is designated for subgrade preparations for the end of the 10' colored concrete trail at Golden Meadows Park. Please contact John D. Stephen, CPPO, CPPB at (970) 221-6777 if you have any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2�" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fceov.com SECTION 00530 NOTICE TO PROCEED Description of Work: 5963 Trail Work 2006 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR: Daniels Construction Company, LLC By: Title: 7/96 Section 00530 Page 6 SECTION 00300 BID FORM PROJECT: SECTION 00300 BID FORM Place 2/Z340&- Date �- 1. In compliance with your Invitation to Bid dated 4 ✓L 20, and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certifie or cashier's check or standard Bid bond in the sum of inw.Uc.. aee„�L' /' zn", 4 e/%t 1,,,t Atax, ($ /9i52- i. �S' ) in accordance wi h the Invites on To Bid affid fnIftructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified perform ce and payment bonds is as follows: /5//J Zi.k, _Si��.1,/ `..A- Z., NV- �t /Y ;.., %d .SvP-ni . 5. All the various phases of Work enumerated in the their individual jobs and overhead, whether included by implication or appurtenant thereto, the CONTRACTOR under one of the items listed irrespective of whether it is named in said list. Contract Documents with specifically mentioned, are to be performed by in the Bid Schedule, 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. _through _ —. 7/96 Section 00300 Page 1 ADDENDUMI 5963 2006 Trail Work REVISED BID SCHEDULE: (BASE BID) Bid items are described in Section 01800 POUDRE TRAIL: LEMAY AVENUE TO NIX FARM BID ESTIMATED UNIT ITEM ITEM 8 DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Mobilization 1.00 LS 0/5'ow Z. /5 aoo •= 2 Traffic Control 1.00 LS 4 3� �� 3 Demolition 32,696.00 SF 195� 1° 4 Subgrade Prep 40,870.00 SF , go 4 zoy� o_ 5 IV Yosimite Brown colored concrete 40,870.00 SF 0 t�,%Z?g_ aO 6 Landscape Restoration 40,870.00 SF 7 Seeding 40,870.00 SF POWER TRAIL: HORSETOOTH RD TO GOLDEN MEADOWS PARK 8 Mobilization 1.00 LS f /Z,D00� 44000" 9 Traffic Control 1.00 LS 10 prune and grub 1.00 LS 4 LI g!sq Ik (,, a5� •' Subgrade Prep 11 subgrade preparations for trail 34,270.00 SF .36 d i Df W•= 12 import and place Gass 5 abc 200.00 TON 4 y'� •s -s 9, goo •= 13 Mirafi 5dOX Geote)di a Fabric 5,400.00 SF . iE 4 4�z •� Concrete 14 10' Yosimite Brown colored trail 34,270.00 SF f 3 a l to concrete s 113 1 L133 15 8' Gray Concrete Sidewalk 1,120.00 SF s Z fF Landscaping 16 Landscape Restoration 34,270.00 SF , ZZ s 3 9 Y= 17 Sod 2,000.00 SF ._�sa . V D'% 18 Seeding 34,270.00 SF . I } d lf 5'A 2SL° 19 Erosion Control 200.00 LF TOTAL OF BASE BID d - eeys-✓ 11 Qy ZIS ��-- DOLLARS $ 310, qSS�o ha.. .�uw7r� ,�il»n Al 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: --F-sC CONTRA TOR AnBY �� (�C+� K Pr Signature az Title �% %�% /, — / / License Number (If Applicable) (Seal i/fJ Bid is by corporation) Attest: %'✓�� Address��Ql yrtrrDr/a�i0� Telephone .� . 2 23 p'- Date' 7/96 Section 00300 Page 3 STATE OF COLORADO Bid Bond PROJECT NO. Poudre Trail&Power PROJECT KNOW ALL MEN BY THESE PRESENTS WHEREAS, Jag's Enterprises, Inc. hereinafter called the "PRINCIPAL", is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, herein after specified, and, in WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered. NOW THEREFORE, the principal and Old Republic Surety Company a corporation of the State of Wisconsin duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (51/4) 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 to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal's Proposal is accepted, the principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, and Certificates of Insurance, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages. IN WITNESS WHEREOF said Principal and Surety have executed this 21st day of February 2006 wmsV'ww (Corporate Seal);. �n+ ATTEST: Secretary THE PRINCIPAL Jag's Enterprises, Inc. 661 Innovation Drive Windsor, CO 80550 Address By SIGNATURE If the "Principal" is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President n or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed. If the "Principal" is an individual or a partnership, the Bid Bond shall so indicate and be properly signed. (Corporate Seal) THE SURETY Old Re ub ' Company B Attorney -in -Fact Jay Heizer - THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED. State Form SC-6.14 Issued 9/1/65 (Rev. 212000) 395-6I-01-6146 FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER OF ATTORNEY WILL RESULT IN THE BIDDER'S PROPOSAL BEING DEEMED NAN DCQVnwQ7VF State Forth SC-6.14 Issued 9/1/65 (Rev. 2/2000) 395-61-01.6146 7 up 41 uo ar lu ldwtu ikuprnws)-in-jractwm, WTI ww arid, Avftdty' And affix the seal the ()dm*, req -dy, bona-"'- Ig ulre d,, and 7 bank age- wortcers obrrqDen ttX r bla* kM bonds), as follows: 'ALL WRITTN, INS.TiZLNRNiSIN,, jkml 'AMO I , WNT *Ot TO gX .:'FIVE HUNDRED THOVSAjD' `DOES LARS, $iq 0 G,,� 0-0-0)-il B �GAT C 10 REG Pii ;E$S 0 7, to d to hind OLD REPU6'LJC SIM,, M.- a 0 IPWAOWC NNW and-ConfirMOdl� TWW, under and by authoiity of' 4,j t" s i 11 e "f 6 qhilp L(ncloran, b 0,) of th 0, y 10 Aftrity 4, i�, on '616 �4 6 " di� A 5 TH ibb� 22262 13/041 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: Ja 7 1.5 ! /, r-eD r rISeS .4 2. Permanent main office address: 3. When organized: IW — 4. If a corporation, where incorporated: Zpp/ L1411rQ�p 5. How many years have you been engaged in the contracting business under your present firm or trade name? // &A r5 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) re �r �� M6: ( eLd ro G..a�r.7� ( e_ 2-;L L'o 7. General character off Work performed by your company: fit,-�Gtwor� /ifte+ei=L 4V�p�i�Or� a.-� �. •'� 8. Have you ever failed to complete any Work awarded to you?Ajc:) If so, where and why? 9. Have your ever defaulted on a contract? /00 If so, where and why? 10. Are you debarred by any government agency? A016 If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, 12. 13 14. List your major equipment available for this contract. Experience in construction Work similar in importance to this Background and experience of the principal members of your organization, includina officers: 15. Credit available: $ 16. Bank reference: -/ i �y�i,,,u�s., G/i•►e%a� CO, �t/�"`� 17. Will you, upon request, fill out a detailed financial statement and furnish arty other information that may be required by the OWNER? 1 ,/ 18. Are you licensed as a General CONTRACTOR? Nd t If yes, in what city, county and state? What class, license and numbers? af—/% / 2 19. Do you anticipate subcontracting Work under this Contract? lCf If yes, what percent of total contract? 3' and to whom?2 20. Are any lawsuits pending against you or your firm at this time? Ab IF yes, DETAIL 7/96 Section 00420 Page 2 ADDENDUM1 5963 2006 Trail Work REVISED BID SCHEDULE; (BASE BID) Bid items are described in Section 01800 POUDRE TRAIL: LEMAY AVENUE TO NIX FARM BID ESTIMATED UNIT ITEM ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Mobilization 1.00 LS 2 Traffic Control 1.00 LS 3 Demolition 32,696.00 SF 4 Subgrade Prep 40,870.00 SF 5 10' Yosimite Brown colored concrete 40,870.00 SF 6 Landscape Restoration 40,870.00 SF 7 Seeding 40,870.00 SF POWER TRAIL: HORSETOOTH RD TO GOLDEN MEADOWS PARK 8 Mobilization 1.00 LS 9 Traffic Control 1.00 LS 10 prune and grub 1.00 LS Subgrade Prep 11 subgrade preparations for trail 34,270.00 SF 12 import and place class 5 abc 200.00 TON 13 Mirafi 50OX Geotextile Fabric 5,400.00 SF Concrete 14 10' Yosimite Brown colored 34,270.00 SF concrete trail 15 8' Gray Concrete Sidewalk 1,120.00 SF Landscaping 16 Landscape Restoration 34,270.00 SF 17 Sod 2,000.00 SF 18 Seeding 34,270.00 SF 19 Erosion Control 200.00 LF TOTAL OF BASE BID DOLLARS $ (written) 21. What are the limits of your public liability? DETAIL 41�,n_,`_/_psi atcu�a �t �Z ti; /�on awe What company? Wrfr, oVe,,'4* co . 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at /2; 35this 2,3 day of )(;krarcl 2004. J. SzK� Name By: Title State of County ofli�l� ____�d11 4Ai oer being duly sworn deposes and says that he is srtjQle"� 5.s £'•,�dr�ro�; f and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this.�j day of_j�-(J,�. , 206. i lic Vio,1d X: T(1?y My commission expires �-� S'• • ''�4`yy_,. `T .'jt .^... <<Itdldit3lR:o 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM ,s's4A .Turf- 7/96 Section 00430 Page 1 No Text No Text SECTION 00510 NOTICE OF AWARD Date: March 3, 2006 TO: Daniels Construction Company, LLC PROJECT: 5963 Trail Work 2006 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 23, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5963 Trail Work 2006. This project includes two (2) sections of trail construction. The Poudre Trail section is an asphalt to concrete conversion project and the Power Trail is a new trail construction project. The contract documents provide information for the removal of the existing 8' asphalt trail, subgrade preparations, construction of the 10' wide colored concrete trail, construction of the 8' wide gray concrete sidewalk connection, minor earthwork, landscape restoration, erosion control and seeding.. The Price of your Agreement is $295,484.08. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by March 18, 2006. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 3rd day of March in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Daniels Construction Compnany, LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 5963 Trail Work 2006and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Park Planning, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within Sixty Five (65) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Seventy Five (75) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: Three Hundred Dollars ($300) thereof that expires after the for Substantial Completion Substantially Complete. for each calendar day or fraction Sixty Five (65) calendar day period of the Work until the Work is 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150) for each calendar day or fraction thereof that expires after the Ten(10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Ninety Five Thousand Four Hundred Eighty Four Dollars and Eight Cents, $295,484.08 Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE S. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably 9/12/01 Section 00520 Page 2 stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, 9/12/01 Section 00520 Page 3 within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9/12/01 Section 00520 Page 4 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS CONTRACTOR:Daniels Construction Company, LLC By: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING _ AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney 9/12/01 Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: Section 00520 Page 5