On the agenda: Cherry Hills Village meeting — data center (Apr 7)

CHERRY HILLS VILLAGE
COLORADO

2450 E. Quincy Avenue
Cherry Hills Village, CO 80113
www.cherryhillsvillage.com

City Hall
Telephone 303-789-2541
FAX 303-761-9386

City Council Agenda
Tuesday, April 7, 2026
City Hall, 2450 East Quincy Avenue, Cherry Hills Village, CO 80113
This meeting will be held in-person at City Hall with no electronic participation.
To attend in person: There is no need to sign up to attend in person. If you would like to
speak during audience participation there will be a signup sheet in Council Chambers.
To watch the meeting (no participation): City Meeting Videos on the City website or
City of Cherry Hills Village YouTube Channel
5:30 PM
Study Session: Colorado Municipal League Training
6:30 PM
Regular Meeting
1.
Call to Order
2.

Roll Call of Members

3.

Pledge of Allegiance

4.

Audience Participation Period (limit 5 minutes per speaker)

5.

Reports from Members of City Boards and Commissions

6.

Consent Agenda
a.

Approval of March 17, 2026 Minutes

b.

Construction Contract with Cutler Repaving Inc for the 2026 Hot in Place
Asphalt Overlay Project

c.

Resolution 9, Series 2026; Approving an Intergovernmental Agreement
with the Cherry Hills Village Sanitation District for Reimbursement of
Costs to Review and Analyze Video of Cherryridge Sewer Lines

d.

Resolution 10, Series 2026; Approving a User Agreement for Colorado
Bureau of Investigations-Criminal Justice Information Services (CBI-CJIS)
Systems Access for Non-Criminal Justice Agency

7.

Items Removed from Consent Agenda

8.

Unfinished Business
a.

Council Bill 3, Series 2026; Amending the 2026 Budget by Approving a
Supplemental Appropriation for the Purchase of Specific Police
Equipment and Officer Wellness Initiatives (second and final reading)

***Agenda Continues on Second Page***
Notice: Agenda is subject to change.
If you will need special assistance in order to attend any of the City’s public meetings, please notify the City
of Cherry Hills Village at 303-783-2732, 72 hours in advance.

CHERRY HILLS VILLAGE
COLORADO

2450 E. Quincy Avenue
Cherry Hills Village, CO 80113
www.cherryhillsvillage.com

9.

City Hall
Telephone 303-789-2541
FAX 303-761-9386

New Business
a.

Public Hearing: Resolution 11, Series 2026; Approving a Variance Request
to Reduce the Fee-in-Lieu of Land Dedication Required by Section 17-3-30
of the Municipal Code for a Minor Subdivision at 4650 South University
Boulevard

b.

Public Hearing: Resolution 12, Series 2026; Approving a Minor
Subdivision to Create Two Lots from One Parcel at 4650 South University
Boulevard

10.

11.

Reports
a.

Mayor

b.

Members of City Council

c.

City Manager, City Staff, City Attorney

Adjournment

Notice: Agenda is subject to change.
If you will need special assistance in order to attend any of the City’s public meetings, please notify the City
of Cherry Hills Village at 303-783-2732, 72 hours in advance.

CITY OF CHERRY HILLS VILLAGE
2450 E. Quincy Ave.
Cherry Hills Village, CO 80113
www.cherryhillsvillage.com

COLORADO
Telephone 303-789-2541
FAX 303-761-9386

ITEM: STUDY SESSION

MEMORANDUM
TO:

HONORABLE MAYOR BROWN AND MEMBERS OF CITY COUNCIL

FROM:

LAURA GILLESPIE, CITY CLERK

SUBJECT: COLORADO MUNICIPAL LEAGUE TRAINING
DATE:

APRIL 7, 2026

ISSUE
At the request of City Council, CML (Colorado Municipal League) Executive Director Kevin
Bommer will present information on various topics.
DISCUSSION
There have been some conversations about codes of conduct. For reference the City Council
Rules of Procedure are attached as Exhibit A and are the only document of this type adopted by
Council.
ATTACHMENTS
Exhibit A:
City Council Rules of Procedure

Page 1 of 1

EXHIBIT A
CHERRY HILLS VILLAGE

CITY COUNCIL
RULES OF PROCEDURE

Adopted August 7, 2012
Amended March 3, 2015; January 19, 2016; May 18, 2021; May 17, 2022, and September 2, 2025
ARTICLE 1.

Authority.
Section 1. These Rules of Procedure are adopted by the City of Cherry Hills Village
City Council pursuant to the authority vested in Section 3.7 of the City of Cherry Hills
Village Home Rule Charter and Section 2-2-10 of the City of Cherry Hills Village
Municipal Code. Deviations from these Rules that do not violate the Charter or any
law may be permitted at the discretion of the Mayor.

ARTICLE 2.

Roles and Responsibilities.
Section 1. Refer to Article III of the Charter.

ARTICLE 3

Meetings.
Section 1. The City Council consists of the Mayor and six Council members. Four
members of the Council constitute a quorum (see Section 3.7 of the Charter). The
Mayor is not counted for the purposes of establishing a quorum.
Section 2. An organizational meeting shall be held at the first Council meeting in the
month of January following each regular City election (see Section 3.7 of the Charter).
At this meeting elected City Council members and the Mayor-elect shall assume the
duties of office; the newly elected Mayor and Council members shall take their oath
of office; and the Mayor Pro Tem shall be elected by the Council.
Section 3. Regular Meetings.
(A)
Regular meetings of the City Council shall be scheduled for the first and third
Tuesday of each month with the following exceptions:
•
•
•

In July only one meeting shall be held on the third Tuesday of the month.
In December only one meeting shall be held on the second Wednesday of the
month.
Regular meetings that fall on a major secular or religious holiday shall be
rescheduled or cancelled.

Regular meetings may be rescheduled or cancelled at the discretion of the Mayor,
provided that the Council shall meet at least once each month as required by Charter
Section 3.7. All meetings will be held at the Village Center at 2450 East Quincy
Avenue, or at such other venue as Council shall select and provide notice thereof in
accordance with applicable law. All meetings will begin at 6:30 p.m. unless otherwise
noted on the agenda. City Council meetings may be conducted electronically, and
Electronic Participation in City Council meetings is permitted, in accordance with the
City Council Policy for Electronic Participation in City Council Meetings.

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(B)
The order of business at regular meetings shall be as follows unless adjusted
by the Mayor.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

11.

Call to Order
Roll Call of Members
Pledge of Allegiance
Audience Participation
Reports from City Boards, Commissions and Committees
Consent Agenda
Items Removed From Consent Agenda
Unfinished Business
New Business
Reports
a.
Mayor
b.
Members of City Council
c.
City Manager and Staff
d.
City Attorney
Adjournment

(C)
The Mayor may adjust the order of business and allow scheduled
presentations, at a time and in a manner most convenient for the public, staff, and
Council.
Section 4. Special meetings of the Council shall be called by the City Clerk on the oral
request of the Mayor, or of any two members of the Council, on at least 24 hours’
advanced written or telephonic notice to each member of the Council, but a special
meeting may be held on shorter notice if all members of the Council are present or
those absent waive notice thereof (Section 3.8 of the Charter) provided that public
notice requirements for the meeting are met. Special meetings may be conducted
electronically, and Electronic Participation in special meetings is permitted, in
accordance with the City Council Policy for Electronic Participation in City Council
Meetings.
Section 5. The purpose of a study session shall be to hear, study, and discuss matters
in a forum that allows for more attention to the matter than a regular meeting. Study
sessions shall be open to the public but audience participation will not necessarily be
taken. No business shall be transacted and no formal action shall be taken at a study
session. However, the Council may by consensus provide City staff with direction
concerning agenda related items. When possible, study sessions shall be held directly
before a regular meeting of the Council. Study sessions may be conducted
electronically, and Electronic Participation in study session is permitted, in
accordance with the City Council Policy for Electronic Participation in City Council
Meetings.
Section 6. Executive Sessions
(A)
Executive sessions may only be held at a regular or special meeting and shall
comply with the provisions of C.R.S. § 24-6-402.

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(B)
A motion to move into executive session from a regular or special meeting
shall set forth the matter to be discussed in as much detail as possible without
compromising the purpose for which the executive session is authorized. The motion
shall include specific citation to the provision of C.R.S. § 24-6-402 authorizing the
executive session. The motion shall be approved by 2/3 majority or more of the
Council members present on roll call.
(C)
The Council shall make no final policy decision, nor shall it adopt or approve
any resolution, rule, ordinance, regulation or formal action at any session closed to
the general public.
(D)
Discussions that occur during executive session, except attorney-client
privileged communications as identified in C.R.S. § 24-6-402(d.5)(II)(A), shall be
recorded by making an audio recording that shall be retained for ninety (90) days
after the date of the executive session. The audio recording shall be kept for the
required ninety (90) days by the City Attorney unless the City Attorney was the topic
of the executive session.
(E)
All persons present shall preserve the confidentiality of the matters discussed
in executive session.
(F)
Executive sessions may be conducted electronically, and Electronic
Participation in executive sessions is permitted, in accordance with the City Council
Policy for Electronic Participation in City Council Meetings.
Section 7. Agendas and Council Packet.
(A)
The agenda shall be maintained by the City Clerk and may be modified by
the City Manager or Mayor. The City Manager will submit a proposed agenda to the
Mayor for review prior to the Council packet being distributed. Any Council member
may submit to the City Clerk items for the agenda, which shall be included on the
agenda for the next scheduled meeting if provided to the City Clerk at least 24 hours
prior to distribution of the Council packets. Draft agendas shall be made available to
the City Council at the previous meeting. Agendas shall be posted at the location
designated by Council for notices of meetings at least 24 hours prior to any regular or
special meeting. The agenda shall be made available to the public through the City
website or by request at the Village Center.
(B)
The Council packet shall generally be provided to Council members no later
than the Wednesday preceding any regularly scheduled meeting. Supporting
information not available the Wednesday before the meeting may be provided to
Council subsequent to the packet or at the meeting. The Council packet shall be made
available to the public through the City website or by request at the Village Center. A
public copy of the Council packet will be provided at the Council meeting.
Section 8. The Mayor, Mayor Pro Tem, or other designated Council member in their
absence, shall serve as the presiding officer in the conduct of meetings. In the event of

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absence or disability of both the Mayor and the Mayor Pro Tem, the Council shall
designate another of its members to serve as Acting Mayor during such absence or
disability. Any Mayor Pro Tem or Acting Mayor, while serving as such, shall retain
all powers granted to Council members by the Charter and Municipal Code (Sections
3.3, 5.1 and 5.5 of the Charter). References to the Mayor’s powers and duties during a
Council meeting in these Rules shall apply to the presiding officer at the meeting.
Section 9. At all times, the discussions and motions of the Council and remarks of
members of the public shall be directed to the Mayor, and shall be preceded by
recognition from the Mayor.
Section 10. General Discussion.
(A)
Each member of Council shall be afforded an opportunity to speak on the
matter under discussion before moving on to another topic of discussion. The Mayor
may set a time limit on any such discussion of members of Council.
(B)
Council members shall not be permitted to explain their vote during a roll
call. Such explanation is permitted during the discussion of the question or motion.
Section 11. Audience Participation.
(A)
Any person may speak to the Council on any matter during the Audience
Participation period at the beginning of each regular and special Council meeting.
The City Clerk shall post an audience participation sign-up form before each regular
meeting. Immediately prior to the audience participation portion of the meeting, the
City Clerk shall hand the sign-up form to the Mayor. The Mayor shall call those
signed up to speak before Council in the order they have signed up.
(B)

Audience participation shall be limited to 5 minutes per speaker.

(C)

The Mayor may restrict cumulative or redundant presentations.

(D)
Those attending Council meetings shall refrain from disruptive, vulgar or
abusive language, applause, heckling or other actions that interfere with the orderly
function of the Council. The Mayor may take any reasonable steps to maintain the
order and dignity of Council meetings.
Section 12. Public Hearings
(A)
Public hearings will be held as required by the Charter and the Municipal
Code. The Mayor will open each hearing and allow any person in attendance to
address the issue subject to the rules contained in Section 11 concerning audience
participation. The purpose of any Public Hearing shall be to: (1) allow applicants an
opportunity to present evidence in support of their application; (2) ensure compliance
with due process principles; and (3) provide everyone an opportunity to present their
views and recommendations on the issue that is the subject of the hearing.
(B)
The Mayor and Council members shall not debate or challenge the position of
any speaker, but may question a speaker in order to fully understand their position.

Page 4 of 7

The Mayor and Council shall reserve their comments on public testimony until the
issue is before the Council for discussion.
(C)
Written communications submitted directly to City staff or Council must be
submitted at least 24 hours in advance of the public hearing to ensure inclusion in the
record. Written comments or postings related to a public hearing that are submitted
on the City’s social media, including but not limited to Facebook, shall not be
considered part of the record, unless specifically included in the record via staff
report or by acknowledgement of Council. All written materials submitted to the City
Clerk or the Council at the public hearing shall be considered part of the record.
(D)
Public hearings may be conducted electronically, and Electronic Participation
in public hearings is permitted, in accordance with the City Council Policy for
Electronic Participation in City Council Meetings.
Section 13. Method of Voting
(A)
On motions that do not require a roll call of votes, the Mayor shall ask that all
those in favor of the motion signify by saying yes. Those members in favor shall give
said sign. The Mayor shall then ask that all those opposed signify by saying no. Those
members opposed shall give said sign. The Mayor shall signify if the motion passes
or fails. The City Clerk shall record the results of the motion in the minutes of the
meeting.
(B)
On motions that require a roll call of votes, the Mayor shall ask the City Clerk
for a roll call. The City Clerk shall perform the roll call and record each member’s
vote in the minutes. The Mayor shall signify if the motion passes or fails.
(C)
All votes shall be conducted by roll call if any Council member is attending by
Electronic Participation
Section 14. If a member of Council has a personal, financial or other conflict of
interest, or appearance thereof that would affect public confidence in any matter to be
voted upon or otherwise officially considered, deemed by the affected Council
member to require recusal, then a brief statement of such disclosure shall be
presented prior to any consideration of the matter by Council, and the recusing
Council member shall then not participate in any discussion or vote of the matter.
Section 15. Record of proceedings shall be taken by the City Clerk in the form of
written minutes. Written minutes will be prepared by the City Clerk and be
presented for Council’s approval at the next regular or special meeting. Following
approval, the written minutes will be made available to the public at the Village
Center and on the City website.
Section 16. City Council meetings shall be live-streamed on the City website and the
recordings of the meetings maintained on the City website.

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ARTICLE 4.

Ordinances
Section 1. Any legislative action by the Council shall be by adoption of an ordinance.
All other matters may be decided by adoption of a motion or resolution as the
Council deems appropriate.
Section 2. The Mayor, any Council member, or the City Manager may request that a
proposed ordinance be placed on a Council agenda. A proposed ordinance may be
introduced by any member of Council. Introduction may be by title only, or in full
text (Section 4.5 of the Charter). Where feasible, the person proposing the ordinance
may present the proposed text together with a written or oral explanation for the
purpose and content of the proposed ordinance at a regularly scheduled meeting
before first consideration.
Section 3. Any ordinance approved on first consideration shall be placed on the
agenda of the next regular or special Council meeting for second and final
consideration provided said meeting is at least six days after passage on first
consideration. The proposed ordinance must be completed in written form and a
copy provided to each Council member before second consideration (Section 4.5 of
the Charter). If a public hearing is required for the second consideration of an
ordinance then said ordinance shall be placed on the agenda of the next regular or
special meeting after the required publication is accomplished.
Section 4. Emergency ordinances shall be governed by the procedures set out in
Section 4.5 of the Charter.
Section 5. Ordinances and Public Hearings for Rezonings and Vested Rights
(A)
Approval on first consideration of an ordinance does not constitute final
approval or indicate approval of the ordinance at second consideration. An approval
on first consideration will authorize second consideration of the ordinance and set the
date for the future public hearing, consistent with allowing an applicant the requisite
process and hearing opportunity provided for in the Municipal Code.
(B)
The public hearing will be held on second consideration of the ordinance. The
second consideration and public hearing shall include the full staff presentation,
applicant presentation, and public comments.
(C)
Public hearings may be conducted electronically, and Electronic Participation
is permitted, in accordance with the City Council Policy for Electronic Participation in
City Council Meetings.

ARTICLE 5

Conflicts of Interest and Ethical Considerations.
Section 1. Members of Council shall adhere to Article IX of Chapter 2 of the
Municipal Code, the Code of Ethics.

Page 6 of 7

ARTICLE 6

Attendance and Absences.
Section 1. The Council must have a quorum to do business. Therefore, governance of
the City requires that all members of the Council attend Council meetings in order to
fulfill their obligation to the citizens of the City by fully participating in the process of
government. Additionally, each member of the Council has an obligation to his or her
fellow members to be informed and attend Council meetings.
Section 2. Attendance by Electronic Participation is permitted in accordance with the
City Council Policy for Electronic Participation in City Council Meetings.
Section 3. If it is necessary for a Council member to be absent from a regular meeting
of the Council, the Council member shall notify the Mayor and City Clerk prior to the
meeting.
Section 4. If it is necessary for the Mayor to be absent from a regular meeting of the
Council, the Mayor shall notify the City Clerk’s office prior to the meeting.

ARTICLE 7

Finances.
Section 1. The City shall pay or reimburse the Mayor and Council members for
necessary bona fide expenses incurred in service on behalf of the City if authorized,
itemized and maintained as a matter of public record. The City will pay or reimburse
the Mayor and Council members for travel expenses and mileage allowance
according the City’s generally applicable policies governing employee travel
expenses and mileage allowance (Sections 3.6 and 5.3 of the Charter).
Section 2. The City will not pay or reimburse the Mayor or Council members for any
costs associated with a member’s spouse attending any related function.

ARTICLE 8

Electronic Mail and Social Media
Section 1. Electronic communications such as email shared among the Council may
constitute a meeting to which open meetings and open records requirements may
apply. The Elected Officials Email Policy included as Appendix A to these Rules shall
provide a guide to elected officials.

ARTICLE 9

Amendment of Rules.
Section 1. Any additions hereto or modifications or amendments hereof shall be
submitted in writing at a regular meeting and shall be acted upon no sooner than at
the next meeting of Council as an agenda item. This requirement may be waived only
upon the unanimous affirmative-recorded vote of all members of Council.

ARTICLE 10

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Robert’s Rules of Order
Section 1. To the extent helpful, relevant and not inconsistent with these Rules,
Robert’s Rules of Order Newly Revised shall apply.

City of Cherry Hills Village
Policies and Procedures
May 2011
Amended by Resolution 14, Series 2021
________________________________________________________________

Elected Official Email Policy
________________________________________________________________
BACKGROUND
Elected officials of the City of Cherry Hills Village each have a City email account
with which to conduct City business, including correspondence with other elected
officials, residents, staff, and the City Attorney. Use of email communications has
implications under both the Colorado Open Meetings Law and the Colorado
Open Records Act. This policy has been established to ensure that the
management of elected officials’ email communications complies with the
statutory requirements of the Colorado Open Meetings Law and the Colorado
Open Records Act, as well as the City’s Records Retention Schedule.
ADMINISTRATIVE POLICY
All emails related to City business should be addressed to elected officials’ City
email accounts. Personal email accounts may be included in addition to City
email accounts if requested, but no emails related to City business should be
addressed solely to personal email accounts.
Permitted Email Communications
Email deliberation between three or more elected officials concerning public
business or pending legislation are declared to be a public meeting under the
Colorado Open Meetings Law and are prohibited.
The following email communications from or to an elected official or officials are
permitted:
1. Communication or deliberation from or to a staff person, the City Attorney,
residents or community members.
2. Deliberation between fewer than three elected officials in which other
elected officials are not copied and which are not forwarded to other
elected officials.

1

3. Communication between elected officials that does not include
deliberation related to the merits or substance of pending legislation or
other public business. Examples of permissible communications include:
•
electronic mail communication regarding scheduling and
availability;
•
electronic mail communication sent by an elected official for the
purpose of forwarding information, responding to an inquiry from an
individual who is not a member of the public body, or posing a question for
later discussion by the public body.
As used in this policy, “deliberation” means the discussion and/or exchange of
viewpoints and opinions on a subject. It specifically does not include the
distribution, but not discussion, of information.
Retention Policies Applicable to Email Communications
1. Email communications of elected officials may be considered public
records under the Colorado Open Records Act. The City’s Records
Retention Schedule applies to email communications in the same manner
as other records.
2. Certain types of correspondence of elected officials are expressly not a
public record, including that which is a “work product,” as well as
correspondence that is “without a demonstrable connection to the exercise
of functions required or authorized by law or administrative rule and does
not involve the receipt or expenditure of public funds.” Examples include
drafts and worksheets, desk notes, copies of materials circulated for
informational “read-only” purposes, and other records with preliminary or
short-term informational value. These emails should be deleted as soon
as they are read and are no longer useful.
3. Correspondence of elected officials designated as a public record fall into
one of two categories:
a. Enduring Long-Term Value: Documentation or correspondence with
enduring and long-term administrative, policy, legal, fiscal, historical
or research value; records that relate to policy issues and actions or
activities in which an important precedent is set; records of historic
events relating to the municipality or the community; and other
similar records and documentation. The retention period for these
records is permanent.
b. Routine Value: Operating documentation that is routine and
contains no significant administrative, legal, fiscal, historical,
information or statistical value. Includes routine communications
2

sent and received, communications containing duplicates of
information that is filed elsewhere, routine requests for information,
transmittal documents, etc. The retention period for these records is
two years.
Email Management Policy
In order to ensure that the emails of elected officials are properly managed, the
following email management policy should be followed:
1. All emails sent to or from an elected officials’ email account will be
automatically archived.
2. Archived emails will be managed according to the City’s retention policy
by the City Clerk.
3. Original emails in the elected officials’ email accounts may be saved or
deleted as the elected official finds most useful.

3

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Minutes of the City Council of the City of Cherry Hills Village, Colorado
held on Tuesday, March 17, 2026, at 6:30 PM
at City Hall, 2450 East Quincy Avenue, Cherry Hills Village, Colorado 80113
STUDY SESSION
Council held a study session at 5:30 PM.
CALL TO ORDER
Mayor Brown called the meeting to order at 6:31 PM.
ROLL CALL OF MEMBERS
Mayor Katy Brown, Mayor Pro Tem Earl Hoellen, Councilors Dave Heller, Susan
Maguire, Karen Fisher, and Robert Eber were present on roll call. Also present were
City Manager Chris Cramer, City Attorney Kathie Guckenberger, Deputy City
Manager/Public Works Director Jay Goldie, Community Development Director Paul
Workman, Finance Director Kelly Newman, Police Commander Brennan Leininger,
Parks Project and Operations Manager Emily Black, and City Clerk Laura Gillespie.
Councilor Doug Robinson was present by electronic participation.
Absent: None.
PLEDGE OF ALLEGIANCE
The Council conducted the pledge of allegiance.
PRESENTATION: TISCHLERBISE
Director Workman introduced Carson Bise from TischlerBise, the consulting firm under
contract with the City for conducting the nexus study. Mr. Bise explained that his
company specializes in cost of growth issues, including fiscal and economic impact
analysis and infrastructure financing mechanisms. The firm has substantial Colorado
experience, currently completing similar studies for parks and school related land
dedication studies in Arapahoe County, Adams County, and El Paso County.
Mr. Bise outlined the nexus study process, which will examine the City's current land
dedication policy, compare it to national case law changes, conduct demographic
analysis, evaluate land values and levels of service, and determine whether the City
should continue with land dedication and fee in lieu payments or transition to an impact
fee approach. The study will include comparative analysis and recommendations based
on feedback from Council, the Planning and Zoning Commission, and the Parks, Trails
and Recreation Commission. The process is expected to take three to four months, with
two to two and a half months for analysis and the remaining time for stakeholder
feedback.
March 17, 2026
City Council Minutes
Page 1 of 10

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Mayor Brown noted the timing was particularly relevant given pending Colorado
legislation that could dramatically affect Cherry Hills Village, including bills requiring
rezoning the entire City to allow maximum lot sizes of 2,000 square feet and permitting
lot splits. She explained that one R1 zoned lot in the City, currently requiring a minimum
of 2.5 acres, could potentially accommodate 218 houses under the proposed legislation.
Mayor Brown inquired about impact fees as a potential tool, noting that while the
proposed state legislation offers little relief, it does allow cities to charge impact fees.
Mr. Bise explained that impact fees are generally more effective than land dedication
fees because they are based on the number of people rather than land value, making
them more appropriate for high density development scenarios. He confirmed that road
impact fees and other infrastructure impact fees would require separate studies but
could address the infrastructure needs generated by potential massive population
increases.
AUDIENCE PARTICIPATION PERIOD
Jean Greenberg, 1792 Crestridge Drive, Greenwood Village, expressed support for a
traffic light at the intersection of Belleview Avenue and Franklin Street.
REPORTS FROM MEMBERS OF CITY BOARDS AND COMMISSIONS
None.
CONSENT AGENDA
Mayor Pro Tem Hoellen moved, seconded by Councilor Maguire, to approve the
following items on the Consent Agenda:
7a. Approval of February 17, 2026 Minutes
7b. Approval of March 3, 2026 Minutes
7c. Letter Amendment to Construction Contract with Vance Brothers LLC to the
2024 Chipseal Construction Contract for the 2026 Construction Project
7d. Letter Amendment to Construction Contract with Insituform Technologies LLC
DBA C&L Water Solutions to the 2024 Sanitary Sewer Construction Contract for the
2026 Construction Project
7e. Resolution 7, Series 2026; Approving a Memorandum of Understanding with the
City of Greenwood Village for Off-Duty Contracted Police Services
The motion passed unanimously.
ITEMS REMOVED FROM CONSENT AGENDA
None.

March 17, 2026
City Council Minutes
Page 2 of 10

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UNFINISHED BUSINESS
Continue Public Hearing: Resolution 6, Series 2026; Approving a Minor
Subdivision to Create Two Lots from One Lot at 1 Cherry Hills Park Drive
(continued from February 17, 2026)
Director Workman reported that at the request of the applicant, a continuance is being
requested to the May 5, 2026 City Council meeting to continue working through issues
with existing AC units and a wall located on the subject property.
Councilor Maguire moved, seconded by Councilor Fisher, to continue Resolution 6,
Series 2026, a resolution by the City Council of the City of Cherry Hills Village to the
May 5, 2026, City Council meeting.
The motion passed unanimously.
Council Bill 2, Series 2026; Amending the 2026 Budget by Approving a
Supplemental Appropriation for a Nexus Study (second and final reading)
Director Workman noted this was the second reading for the supplemental appropriation
for the nexus study. On March 3rd, Council approved the professional services
agreement with TischlerBise and first reading of the supplemental appropriation for just
over $40,000. Director Newman explained two changes made to the supplemental
appropriation: added clarity to the final whereas clause relating to Section 9.1 of the City
Charter, and inclusion of both revenue and expense line items for easier tracking,
anticipating the revenue from building permits.
Mayor Pro Tem Hoellen questioned why the appropriation was being made to the
General Fund rather than the Parks Fund, since the land dedication and fee in lieu
provisions in Section 17-3-30 are specifically associated with parks and open space.
City Attorney Guckenberger suggested there could be a general benefit to the City
beyond parks, and Mayor Brown noted that while this specific study focuses on
parkland, the exercise of determining impact fees may be useful on a broader scale.
The appropriation could be made from the General Fund with an interfund transfer later
if needed.
Mayor Pro Tem Hoellen moved, seconded by Councilor Maguire, to approve on
second and final reading, Council Bill 2, Series 2026, A Bill for an Ordinance of the
City of Cherry Hills Village Amending the 2026 Budget by Approving a Supplemental
Appropriation for the Nexus Study.
The following votes were recorded:
Heller
Eber
Hoellen

March 17, 2026
City Council Minutes
Page 3 of 10

yes
yes
yes

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Maguire
Robinson
Fisher

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yes
yes
yes

The vote on Council Bill 2, Series 2026 was 6 ayes 0 nays. The motion carried.
NEW BUSINESS
Resolution 8, Series 2026; Accepting a Donation from the Cherry Hills Village
Police Foundation on Behalf of the Cherry Hills Village Police Department
Commander Leininger presented the Resolution to accept a $46,000 donation from the
Cherry Hills Village Police Foundation. The donation will fund purchase of a four door
Polaris Ranger vehicle for improved trail access that is fully enclosed and climate
controlled, allowing more frequent trail patrols in inclement weather. Additionally,
$16,000 will support wellness initiatives for all police department employees, including a
wellness app and biometric monitoring devices. Finally, $10,000 from a donation by the
gentleman whose life was saved by officer CPR will purchase AED devices for all patrol
vehicles.
Councilor Eber moved, seconded by Councilor Heller, to approve Resolution 8,
Series 2026; accepting a donation from the Cherry Hills Village Police Foundation on
behalf of the Cherry Hills Village Police Department.
The motion passed unanimously.
Council Bill 3, Series 2026; Amending the 2026 Budget by Approving a
Supplemental Appropriation for the Purchase of Specific Police Equipment and
Officer Wellness Initiatives (first reading)
Director Newman presented the companion supplemental appropriation to bring the
unanticipated Police Foundation donation into the 2026 budget, including both revenue
and expense line items.
Councilor Maguire moved, seconded by Councilor Fisher, to approve on first
reading, Council Bill 3, Series 2026, A Bill for an Ordinance of the City of Cherry Hills
Village Amending the 2026 Budget by Approving a Supplemental Appropriation for
the Purchase of Specific Police Equipment and Officer Wellness Initiatives.
The following votes were recorded:
Heller
Eber
Hoellen
Maguire
Robinson

March 17, 2026
City Council Minutes
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yes
yes
yes
yes
yes

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Fisher

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yes

The vote on Council Bill 3, Series 2026 was 6 ayes 0 nays. The motion carried.
Board and Commission Member Terms
Clerk Gillespie presented information about upcoming board and commission
vacancies. Several members have terms ending in May, with some seeking
reappointment and others not. Additionally, there have been two resignations and one
commissioner wishes to switch from the Art Commission (CHVAC) to the Parks, Trails
and Recreation Commission (PTRC). PTRC will have vacancies in Districts 3 and 5,
with CHVAC potentially having up to three openings. PTRC is the only commission
required by the Municipal Code to have district representation when possible. There are
two past applications on file, one interested in both the Planning and Zoning
Commission (P&Z) and PTRC from District 4, and another interested only in P&Z.
Clerk Gillespie asked for two Council members to review applications, conduct
interviews, and make recommendations for appointments. Councilor Eber and Councilor
Heller volunteered to conduct the interviews.
Clerk Gillespie asked for Council direction about the CHVAC member who wished to
move to PTRC. Council discussed the various options and decided that if no other
District 3 applicants emerge, Commissioner Darch would be appointed, but if others
apply from that district, she would be included in the interview process.
REPORTS
Mayor
Mayor Brown reported on the housing legislation being considered by the Colorado
Legislature: one bill would require cities in metropolitan districts with populations over
1,000 to rezone and bans minimum lot sizes of more than 2,000 square feet; another bill
would allow subdivision of any lot 2,000 square feet or greater with minimal City control
over the process. For context, this could result in one current R1 zoned lot, which
requires a minimum of 2.5 acres, potentially accommodating 218 houses.
Mayor Brown reported her article for the April issue of the Village Crier takes an
aggressive stance on the housing legislation. The article communicates to residents that
Cherry Hills Village is a home rule municipality and will continue to operate as such,
enforcing its laws and ordinances.
Members of City Council
Councilor Heller reported attending the conference on airport noise, which provided
valuable networking and baseline information. He learned about advanced air mobility
and vertiports, where unmanned drones and aerial devices will become more prevalent

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for cargo and people transportation. The FAA retains jurisdiction over airspace and
vehicles, but local jurisdictions control the facilities. The recommendation is for
municipalities to pass ordinances to have control over where vertiports are built, with the
warning not to be caught with an application without having an ordinance in place. City
Manager Cramer noted that while some jurisdictions may contemplate public facilities,
Cherry Hills Village would more likely need ordinances related to private vertiports.
Mayor Brown expressed concern about being unprepared for drone taxi landings and
agreed this is more about regulating private facilities and inappropriate locations like
parks.
Councilor Eber noted cell coverage is poor in Cherry Hills North and asked staff to
ensure that area is included in coverage improvements. He reported on discussions
with children about e-motos and e-bikes. He questioned damage made to trails and
unpaved roads by these riders. He reported on continued speeding issues and asked
residents to drive carefully.
Councilor Maguire asked to postpone the Quincy Farm visioning discussions scheduled
for April 7th to May 5th, and the subsequent presentation from May 5th to June. City
Manager Cramer confirmed this would help with agenda scheduling challenges.
Councilor Maguire emphasized her commitment to reaching a decision. Mayor Pro Tem
Hoellen supported moving the discussion from April to May but might not be available
for the June 2nd meeting, preferring June 16th. Mayor Brown stressed the importance of
having all members participate in such a significant decision with long lasting impacts
and emphasized that this year is a hard deadline given potential Council turnover after
the November election.
Councilor Robinson reported the Region 9 Opioid Abatement Council has an upcoming
planning meeting for spending over $10 million on substance abuse related initiatives
over the next couple years. He invited input from Council on spending priorities.
Councilor Fisher asked Director Goldie about a street name discrepancy in Charlou.
Director Goldie indicated they would check County records and ensure signs match the
official record, having recently corrected a similar issue in Farms East.
Councilor Eber reported attending Congressman Crow's government officials meeting in
early March. The biggest takeaway was that the office can help expedite passports
when needed. He also reported being appointed to the National League of Cities legal
advisory committee.
Continuation of Study Session Discussion Regarding Municipal Court/City
Council Relations
Mayor Brown returned Council to the discussion from the study session regarding the
frequency of a presentation from Judge Ellmann. Mayor Pro Tem Hoellen suggested an
in person presentation twice a year or annually for Council to evaluate if the court is

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operating in a professional, competent manner, consistent with the character and values
of the City.
Councilor Maguire suggested written quarterly reports at least right now with all the
projects identified by the Judge in the study session. City Manager Cramer noted staff
planned to enhance the existing quarterly municipal court staff report with the new court
software. Councilor Maguire stated she wants to hear about the Judge’s issues and
concerns, and about trends seen in other municipalities discussed at continuing
education events. Mayor Pro Tem Hoellen had no opposition to quarterly written
reports, but was concerned with in person presentations of that frequency.
City Attorney Guckenberger noted Judge Ellmann's contract specifies annual
communication about court performance at a rate of $160/hour.
Councilor Eber suggested an annual formal presentation and evaluation, and
semiannual informal discussions for Council to emphasize important topics.
Councilor Heller suggested an annual in person presentation and quarterly written
reports.
Councilor Robinson suggested an annual in person presentation and twice a year
written reports.
Mayor Brown agreed with Councilor Robinson and questioned Council’s ability to
receive and act on information every quarter.
City Manager Cramer noted that most work plan items from Judge Ellman's
presentation are staff led collaborative efforts. Director Newman added updates to those
items could be included in the existing quarterly municipal court staff report. Councilor
Maguire emphasized the Judge should review the reports. Mayor Pro Tem Hoellen
noted Council could get all the ticket and citation information from the Police
Department. Councilor Eber indicated he would like to see a metric showing the
percentage of cases convicted in the quarterly reports. Councilor Fisher added the
trends in the convictions. City Attorney Guckenberger suggested directing information
on Council’s priorities to the prosecuting attorney rather than the judge.
Councilor Fisher asked about a semiannual report from City Attorney Guckenberger
about the court. City Attorney Guckenberger noted the city attorney and prosecuting
attorney relationship is collaborative but unique. Council members are welcome to
observe court sessions. She would consider the suggestion. Mayor Brown agreed
Council should communicate their priorities to the prosecutor as well as the judge.
Mayor Brown summarized Council’s consensus on an annual in person presentation by
the Judge as included in the contract and enhanced quarterly written reports from staff.
Council discussed an additional written report from the Judge. Council agreed the

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Judge will review the quarterly written reports and staff will update Council on progress
on the work plan items.
Councilor Maguire stated she believes a Council liaison position is needed for Court.
Council discussed the liaison role, avoiding a situation like last year, separation of
powers, avoiding micromanagement, and providing a point of contact for the Judge. City
Attorney Guckenberger suggested asking the Judge for his ideas regarding a Council
liaison. City Manager Cramer suggested returning to the discussion of a Council liaison
for court at a future Council meeting.
City Manager, City Staff, City Attorney
Director Workman reported on Kent Denver's administrative procedure application for
an extension to their childcare facility at Blackmer Hall. The application does not meet
criteria for a public hearing as the square footage increase is below Code requirements,
it does not extend beyond property boundaries that would trigger a public hearing, and
there are no changes to parking, access, or number of employees. The project is simply
an expansion to comply with County requirements for square footage per child and
should receive approval within a few weeks.
Commander Leininger reported on the recent officer involved shooting, emphasizing
that while rare for Cherry Hills Village, he and the Chief have experience with such
incidents and are handling it appropriately. The incident occurred in Englewood, so that
city takes the lead on investigating the suspect's actions, while the 18th Judicial District
Critical Incident Response Team investigates the officer's actions. The Cherry Hills
Village Police Department also conducts an internal investigation into policy and
procedure compliance. These investigations can take months, and no updates can be
provided until all entities complete their work.
Mayor Brown asked about mental health support for the officer. Commander Leininger
confirmed that mental health support is provided year round and mandated for officers
involved in critical incidents, with specialists in this type of incident. Support is also
available for any officers who witnessed the incident or are affected by working with
those involved.
City Manager Cramer commended the Police Department for excellent work with their
communications consultant in managing the incident narrative quickly to prevent wrong
information from spreading, noting the considerable expertise required for such
situations.
Mayor Brown inquired about the fatal car accident investigation from March 2nd.
Commander Leininger reported it is ongoing, with search warrants recently signed to
conduct vehicle inspections and obtain data from vehicles involved.
Councilor Maguire asked about increased burglary, criminal mischief, and theft numbers
in 2026 compared to 2025. Commander Leininger attributed the increases to

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opportunities being presented through open garages and unlocked car doors, a
recurring message the Police Department continuously communicates to the
community.
Deputy City Manager/Director Goldie reported that Xcel Energy is conducting their
routine three to four year tree trimming throughout the City, with no City control over the
process. Xcel has the right and requirement to trim tree branches near power lines. This
results in large chunks missing from trees, but it is about safety rather than healthy
trimming practices.
He also reported an eight week project by the City of Englewood and Denver Water
which will close Clarkson Avenue from Oxford Lane to Martin Lane for an emergency
interconnect installation, allowing the two water providers to share resources during
emergencies. The project was delayed a week at the City's request to ensure proper
resident notification through door hangers.
Regarding cell coverage, staff continues working with Crown Castle to obtain coverage
maps including macro towers outside City limits. Crown Castle requested these maps
from providers but is pessimistic about receiving them. If unavailable, they will use a
map from their PowerPoint presentation as an overlay to show improved coverage with
macro towers.
Deputy City Manager/Director Goldie reported progress on the warrant study for the
Belleview Franklin intersection with a consultant who understands the importance and
emotional involvement. They are working with CDOT and will collect data without
specifying dates to prevent skewing. The study should be completed by early May for
presentation at the May 19th Council meeting, with the consultant available to answer
technical questions.
Mayor Pro Tem Hoellen asked about Xcel crews digging around pole bottoms and
installing wires. Deputy City Manager/Director Goldie replied he would look into it,
noting other utility providers use those poles and various cable projects are ongoing.
Manager Black invited Council to the next artist talk on Wednesday, April 22nd from 6 to
8 PM at City Hall, featuring three artists including the current sculpture on loan artist,
with RSVP information on the website.
City Manager Cramer updated Council on the communications coordinator hiring
process, and thanked staff for juggling additional first quarter opportunities not on the
work plan on top of an already busy schedule.
ADJOURNMENT
The meeting adjourned at 8:30 PM.
(SEAL)

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_________________________________
Kathleen Brown, Mayor
_________________________________
Laura Gillespie, City Clerk

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CITY OF CHERRY HILLS VILLAGE
2450 E. Quincy Avenue
Cherry Hills Village, CO 80113
www.cherryhillsvillage.com

COLORADO

City Hall
Telephone 303-789-2541
FAX 303-761-9386

ITEM: 6b

MEMORANDUM
TO:

HONORABLE MAYOR BROWN AND MEMBERS OF CITY COUNCIL

FROM:

JAY GOLDIE, DEPUTY CITY MANAGER AND DIRECTOR OF PUBLIC
WORKS

SUBJECT: CONSTRUCTION CONTRACT WITH CUTLER REPAVING, INC FOR THE
2026 HOT IN PLACE ASPHALT OVERLAY PROJECT
DATE:

APRIL 7, 2026

ISSUE
Shall City Council approve the Construction Contract with Cutler Repaving Inc. for the 2026
Hot in Place Asphalt Overlay Project (Exhibit A).
DISCUSSION
As has been discussed in the recent past the pavement maintenance program has begun to move
into a new phase with more mill and overlay projects being performed as the chipseal has begun
to progress through its normal lifecycle. For several years in anticipation of this change, staff
have been investigating ways to make these operations more sustainable as we try to do with all
our operations when feasible. Staff have visited multiple projects that have utilized both Cutler
Repaving and this Hot In-Place process, including visiting a project on County Line Road while
under construction. Staff believes this process is a good choice for Quincy Avenue.
Hot in-place asphalt recycling is not new technology, in fact it can trace its roots all the way back
to 1916. It has been in use ever since with great improvements in the processes being made in
the 1980s and 1990s. More recent improvements and advancements in technology have made it
a viable choice for the City in certain applications. The process requires such a large piece of
equipment, often referred to as “The Train”, that use on most residential streets is not feasible.
The recent improvements and advancements in sustainability include:
•

Emissions Control Technology: Recent advancements in, or adoption of, emission control
systems now allow for the reduction of greenhouse gases, gaseous hydrocarbons, and
particulates, with systems that capture smoke and vapors during the heating process.

Page 1 of 3

•

Sustainable Additives: Increased use of recycling agents that can effectively manage
higher percentages of Reclaimed Asphalt Pavement (RAP), sometimes up to 100%,
reducing reliance on virgin materials.

•

Increased Efficiency: Improved, faster on-site, single-pass, or multi-stage train systems
allow for more efficient, cost-effective rehabilitation of roads with faster return-to-traffic
times.

•

Enhanced Rejuvenation & Durability: New rejuvenating agents combined with polymermodified asphalt restore the viscosity and elasticity of aged binder, extending pavement
life by 7–15 years.

•

Reduced Material Segregation: Modern equipment, such as pavement recyclers using
counter-rotating augers, allows for better re-blending of materials before placement,
ensuring a more uniform surface mix.

These improvements make a more viable, eco-friendly, and durable alternative to traditional
milling and overlay, offering a 25 to 30% reduction in greenhouse gases. Research has shown
using hot in-place recycling of asphalt pavement is more environmentally friendly than
conventional methods, even though more energy and heat are created when installing. This is
because the environmental impact of producing new asphalt creates far more greenhouse gas
emissions and creates a higher carbon footprint than the hot in-place process. In comparing the
costs to a traditional 2” mill and overlay, the hot in-place is not only a more sustainable
alternative, but also a financially sound decision as it is less expensive than the traditional
overlay.
The City issued an Invitation for Bids (IFB) for the project in January of 2026 (Exhibit B). Cutler
Repaving Inc was the only respondent to the IFB. Because there is a limited number of
contractors that perform this type of work it was expected prior to the bid opening that there
would be only one or two proposals. Staff have been in contact with a number of entities that
have utilized Cutler Repaving, and they have been very pleased with their operations and the
results of the projects.
BUDGET IMPACT
There is no impact to the budget as the amount for this contract is within the amount budgeted
for the 2026 Asphalt CIP program. There is $1,545,000 budgeted for 2026, Council approved the
Chipseal Contract in the amount of $186,069 in March and the remaining $596,384 is allocated
for the traditional Mill and Overlay program.
STAFF RECOMMENDATION
Staff recommend that City Council approve the Construction Contract with Cutler Repaving Inc.
for this portion of the 2026 Asphalt CIP. In the near future staff will bring forward a contract for

Page 2 of 3

Council approval for a traditional mill and overlay project for the residential streets in the 2026
CIP plan that are not appropriate for the hot in-place process.
RECOMMENDED MOTION
“I move to approve the Construction Contract with Cutler Repaving Inc. for an amount not to
exceed $726,235.26. I further move to approve a 5 % contingency of $36,311.76 for the
Construction Contract and to authorize the City Manager or Public Works Director to execute
any change orders necessary to complete the work for a total maximum expenditure of
$762,547.02. I further move to authorize the City Attorney to negotiate such changes to the
Construction Contract as may be appropriate and do not substantially increase the obligations of
the City and to authorize the Mayor to execute the Construction Contract when in final form.”
ATTACHMENTS
Exhibit A: Construction Contract with Cutler Repaving 2026
Exhibit B: IFB for HIP

Page 3 of 3

EXHIBIT A

CITY OF
CHERRY HILLS VILLAGE
CONSTRUCTION CONTRACT
FOR THE FOLLOWING PROJECT:

Hot-In-Place (HIP) Asphalt Overlay
City of Cherry Hills Village Project No. 2026-001
This Construction Contract (“Contract”) is made and entered into by and between CUTLER
REPAVING, INC. (hereinafter, “Contractor”), a Delaware corporation registered to operate in the State
of Colorado having a principal office address of 921 East 27th St., Lawrence, Kansas 66046 and the CITY
OF CHERRY HILLS VILLAGE (hereinafter, “City” or “Owner”), a home rule municipal corporation of
the State of Colorado, having an address of 2450 East Quincy Avenue, Cherry Hills Village, Colorado
80113 (collectively, the City and Contractor may be referred to herein as the “Parties” or individually as
“Party”).
In consideration of the mutual covenants hereinafter set forth, the Parties agree as follows:
PART 1 – WORK; TIME
1.01
The Contractor agrees to furnish all of the technical, administrative, professional, and other labor,
all supplies and materials, equipment, printing, vehicles, local travel, office space and facilities, testing and
analyses, calculations, and any other facilities or resources necessary to perform in a workmanlike manner
all Work required by the Contract Documents.
1.02
This Contract shall be effective as of the date of its mutual execution by the Parties (“Effective
Date”). The Contractor agrees to undertake the performance of the Work within Ten (10) calendar days
following the Notice to Award and agrees that the Work will be completed within Twenty-One (21)
working days (defined as calendar days excluding holidays, weekends, and inclement weather) of the
date of the Notice to Proceed unless the Contract Time is extended by the City as provided in the Contract
Documents.
1.03
The Parties agree that, in any section in which the Contractor prepares any document for “the
approval of the City,” such subsequent approval by the City does not mean that City is responsible for the
accuracy, thoroughness, or judgment contained in the document. The City does not waive the right to hold
the Contractor responsible for the accuracy, thoroughness, or judgment expressed in the document, as it is
expressly agreed by the Parties that the City is relying on the expertise of the Contractor for the timely
completion of the Work required by the Contract Documents.

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 1 of 10
Eff. 02.13.26

PART 2 – CONTRACT PRICE AND PAYMENT
2.01
The City shall pay the Contractor for performance of the Work in accordance with the Contract
Documents the amount(s) shown on Contractor's Form of Bid, Items 1-6 not to exceed Seven Hundred
Twenty-Six Thousand Two Hundred Thirty-Five Dollars and Twenty-Six Cents ($726,235.26). The
amount the City has appropriated for this Contract is an amount that is, at a minimum, equal to the Contract
Sum stated in this paragraph.
2.02

The City shall pay the Contractor as follows:
The City shall make payments as set forth in Article 9 of the General Conditions, subject to the
City's obligation to retain a portion of the payments until final completion and acceptance by the
City of all Work included in the Contract Documents.
If the Work is scheduled to be completed within thirty (30) calendar days of the date listed in the
Notice to Proceed, and the requirements of C.R.S. Section 24-91-103 do not otherwise apply, the
Contractor shall submit a single Application for Payment at the time of Substantial Completion
in accordance with payment procedures outlined in the Special Conditions. If there is any conflict
or inconsistency between the terms of payment in the Special Conditions and the General
Conditions, the Special Conditions shall control.

2.03
Prior to final payment, all Work specified by the Contract Documents must be completed. Payment
shall be made only after the procedure specified by the General Conditions, as may be modified by the
Special Conditions, is completed.
2.04
The City represents that either an appropriation for the price specified in this Construction Contract
has been made by the City Council or that sufficient funds have otherwise been made available for the
payment of this Construction Contract. The not-to-exceed amount will not be modified such that the original
contract price is exceeded without the contractor receiving written assurance from the municipality that the
municipality has appropriated the extra amount.
2.05
The Parties understand and acknowledge that the City of Cherry Hills Village is subject to Article
X § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Contract. It is understood and agreed that this Contract
does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Contract to the contrary, all payment obligations of the City are
expressly dependent and conditioned upon the continuing availability of the funds beyond the term of the
City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the
City payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the
City of Cherry Hills Village and other applicable law. Upon the failure to appropriate such funds, this
Contract shall be terminated.
2.06
Beginning on the Effective Date, Contractor may apply for payment to the Project Manager no
more frequently than every thirty (30) days for Work completed. Upon issuance of a Certificate for Payment
by the Project Manager, the City shall pay Contractor in accordance with Article 9 of the General
Conditions, as may be modified by the Special Conditions.
PART 3 – CONTRACTOR’S REPRESENTATIONS
3.01

In order to induce the City to enter into this Construction Contract, the Contractor makes the

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 2 of 10
Eff. 02.13.26

following representations:
(a) The Contractor has familiarized itself with the nature and the extent of the Contract Documents,
Work, the location and site of the Work and any and all local conditions and federal, state and local laws,
ordinances, rules, regulations, and orders that in any manner may affect cost, progress, or performance of
the Work.
(b) Contractor has carefully studied all physical conditions at the site and existing facilities
affecting cost, progress, or performance of the Work.
(c) Contractor has given the City written notice of all conflicts, errors, or discrepancies that it has
discovered in the Contract Documents and, if applicable, the written resolution(s) thereof by the City is/are
acceptable to the Contractor.
(d)

Reserved.

3.02
Contractor agrees to remedy all defects appearing in the Work or developing in the materials
furnished and the workmanship performed under this Construction Contract for a period of one (1) year or
such other time that is specified in the Contract Documents after the date of acceptance of the Work by the
City, and further agrees to indemnify and save the City harmless from any costs encountered in remedying
such defects. Contractor shall provide a performance, payment, maintenance and warranty bond that shall
remain in effect until all defects are corrected as required by this paragraph.
PART 4 - CONTRACT DOCUMENTS
4.01 The Contract Documents, which comprise the entire Construction Contract between the City and the
Contractor, are attached to this Construction Contract and made a part hereof by this reference, including:
Invitation for Bids
Other: _____________________________
Instructions to Bidders
Bid Bond
Bid Form (Exhibit 1)
Notice of Award
Notice to Proceed
Construction Contract
Construction Drawings
Specifications
Right-of-Way Standards
Performance, Payment, Maintenance and Warranty Bond
General Conditions, including table of contents
Special Conditions
Construction Contract Addenda
Change Orders, Letter Amendments, Change Order Directives, and Orders for Minor Changes in Work
Insurance Certificates and Endorsements
Tax-Exempt Certificates
In the event of an inconsistency between any provisions of the Contract Documents, the more specific
provisions shall govern the less specific provisions, and written addenda, change orders, or other
modifications approved in writing by both Parties subsequent to the date of this Contract as set forth on
page 1 hereof shall govern the original Contract Documents.
Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 3 of 10
Eff. 02.13.26

4.02
There are no Contract Documents other than those listed above. The Contract Documents may
only be altered, amended, or repealed by a modification, in writing, executed by the City and the Contractor
as provided in Part 9 of this Contract and as otherwise provided in the Contract Documents.
PART 5 - PROJECT MANAGER AND SUPERINTENDENT
5.01
The Project Manager, for the purposes of the Contract Documents, is the following, or such other
person or firm as the City may designate in writing:
Name:
Address:
Telephone:
Email:

Ryan Berninzoni
2450 East Quincy Avenue, Cherry Hills Village, Colorado 80113
303-783-2741
[email protected]

The Project Manager is authorized to represent and act as agent for the City with respect to the City’s rights
and duties under the Contract Documents and is authorized to approve minor changes in the Work, as
defined in paragraph 7.4.1 of the General Conditions. The Project Manager, Public Works Director, and
City Manager are authorized to modify the Contract Time by Change Order. Change Orders that modify
the Contract Sum shall only be approved and executed by the Authorized Signatories indicated in the table
below, based on the dollar amount of an increase to the Contract Sum.
In the event of doubt as to such authority, the Contractor may request a written representation from the City
Manager resolving such doubt and designating the person with authority under the circumstances, which
written representation shall be conclusive and binding upon the City.
Increase to Contract Sum
Up to $20,000
$20,001 to $50,000
$50,001 to $100,000
$100,001 and above

Authorized Signatory
City Manager or Public Works Director or Project
Manager
City Manager or Public Works Director
City Manager
City Manager with City Council authorization

5.02
The Contractor’s Superintendent, for purposes of the Contract Documents, is the following and is
subject to Article 3 (Section 3.9) of the General Conditions and such other obligations as the Contract
Documents may specify:
Name: ____________________________
Address: ___________________________
Telephone: _________________________
Email: _____________________________
PART 6 - ASSIGNMENT
6.01
No assignment by a Party hereto of any rights under or interest 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. This
restriction on assignment includes, without limitation, assignment of the Contractor's right to payment to
its surety or lender.
Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 4 of 10
Eff. 02.13.26

6.02
It is agreed that this Construction Contract shall be binding on and inure to the benefit of the Parties
hereto, their heirs, executors, administrators, assigns and successors.
PART 7 - GOVERNING LAW AND VENUE
7.01
This Construction Contract shall be governed by the laws of the State of Colorado and the Charter
and ordinances of the City of Cherry Hills Village.
7.02
This Construction Contract shall be deemed entered into in Arapahoe County, State of Colorado,
as the City is located in said county. The location for settlement of any and all claims, controversies, and
disputes arising out of or related to this Construction Contract or any breach thereof, whether by alternative
dispute resolution or litigation, shall be proper only in Arapahoe County.
PART 8 - LIQUIDATED DAMAGES
8.01
The City and the Contractor recognize that time is of the essence in this Construction Contract and
that the City will suffer financial loss if the Work is not substantially completed within the time specified
in paragraph 1.02 above, plus any extensions thereof allowed by the City by written Change Order or
Construction Change Directive. They also recognize the delays, expense, and difficulties involved in
proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the Work is not
substantially complete on time. Accordingly, rather than requiring any such proof, the City and the
Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the
City the applicable amount set forth in the General Conditions for each day that expires after the time
specified in paragraph 1.02 until the Work is complete. It is agreed that this is a reasonable estimate of the
damages likely to be suffered by the City for late completion of the Work. If the Contractor shall fail to
pay such liquidated damages promptly upon demand therefor, the Surety on the Performance, Payment,
Maintenance and Warranty Bond shall pay such damages. In addition, and at the City’s option, the City
may withhold all or any part of such liquidated damages from any payment due the Contractor.
PART 9 - MODIFICATIONS
This Construction Contract shall be modified only by written Change Orders or Addenda agreed upon by
the Parties hereto, duly issued in form approved by the City Attorney and in conformance with the other
Contract Documents. Pursuant to Article 7 of the General Conditions, the Contract Sum and Contract Time
may be changed by a Change Order only. The City shall not approve any Contract modification that
increases the Contract Sum without providing the Contractor written assurance that the City has
appropriated funds for the additional amounts.
Notwithstanding the paragraph immediately above, the City reserves the right to renew this Construction
Contract for up to three (3) additional years, in its sole discretion, all terms and conditions to remain the
same with the exception of the prices to be paid for the required maintenance, work, and materials. No
later than December 31 of the year in which this Contract takes effect, the Contractor may submit to the
Project Manager a revised price schedule for the succeeding year. The Project Manager may accept or reject
the revised price schedule by written notification to the Contractor. The Project Manager’s acceptance of
the revised price schedule shall constitute notice of the City’s intent to exercise its option to renew this
Contract for an additional year, subject to final approval of such renewal by City Council or such other duly
authorized official of the City having such approval authority pursuant to the City’s Charter and ordinances;
and subject to annual appropriation. Any renewal of this Contract for an additional year shall be pursuant
to a written letter amendment to the Contract signed by both Parties, and such renewal shall be exempt from
Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 5 of 10
Eff. 02.13.26

competitive bidding requirements pursuant to Section 4-3-20(b)(5) of the Cherry Hills Village Municipal
Code.
PART 10 - CONTINGENCY
This Construction Contract is expressly contingent upon the approval of the City of all of the terms set forth
herein. In the event this Construction Contract is not approved in its entirety by the City, neither Party shall
be bound to the terms of this Construction Contract.
The person or persons signing and executing this Construction Contract on behalf of each Party do hereby
warrant and guarantee that he/she or they have been fully authorized to execute this Construction Contract and
to validly and legally bind such Party to all the terms, performances, and provisions herein set forth.
No officer or employee or agent of the City shall be personally responsible for any liability arising under
or growing out of the Contract.
INSURANCE CERTIFICATES REQUIRED BY THE GENERAL CONDITIONS OF THIS
CONTRACT SHALL BE SENT TO THE PUBLIC WORKS DEPARTMENT, CITY OF CHERRY
HILLS VILLAGE, ATTENTION: RYAN BERNINZONI, PROJECT MANAGER
PART 11 – INDEPENDENT CONTRACTOR
11.01 General. Contractor is an independent contractor. Notwithstanding any other provision of this
Contract, all personnel assigned by Contractor to perform work under the terms of this Contract shall be,
and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no
representation that it is a City employee for any purposes.
11.02 Liability for Employment-Related Rights and Compensation. The Contractor shall be solely
responsible for all compensation, benefits, insurance and employment-related rights of any person
completing the Work hereunder during the course of or arising or accruing as a result of any employment,
whether past or present, with the Contractor, as well as all legal costs including attorney’s fees incurred in
the defense of any conflict or legal action resulting from such employment or related to the corporate
amenities of such employment. The Contractor will comply with all laws, regulations, municipal codes,
and ordinances and other requirements and standards applicable to the Contractor’s employees, including,
without limitation, federal and state laws governing wages and overtime, equal employment, safety and
health, employees’ citizenship, withholdings, reports and record keeping. Accordingly, the City shall not
be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension
funds, insurance premiums or payments, workers’ compensation benefits or any other amenities of
employment to any of the Contractor’s employees or any other liabilities whatsoever, unless otherwise
specifically provided herein.
11.03 Insurance Coverage and Employment Benefits. The City will not include the Contractor as an
insured under any policy the City has for itself. The City shall not be obligated to secure nor provide any
insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s
employees, sub-consultants, subcontractors, agents, or representatives, including but not limited to
coverage or benefits related to: local, state, or federal income or other tax contributions, FICA, workers’
compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid
holidays, pension or retirement account contributions, profit sharing, professional liability insurance, or
errors and omissions insurance. The following disclosure is provided in accordance with Colorado law:

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 6 of 10
Eff. 02.13.26

CONTRACTOR ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR
EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS
CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY PROVIDES SUCH
BENEFITS. CONTRACTOR FURTHER ACKNOWLEDGES THAT NEITHER IT NOR ITS
AGENTS OR EMPLOYEES ARE ENTITLED TO WORKERS’ COMPENSATION
BENEFITS. CONTRACTOR ALSO ACKNOWLEDGES THAT IT IS OBLIGATED TO PAY
FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED OR PAID PURSUANT
TO THIS CONTRACT.
11.04 Employee Benefits Claims. To the maximum extent permitted by law, the Contractor waives all
claims against the City for any Employee Benefits; the Contractor will defend the City from any claim and
will indemnify the City against any liability for any Employee Benefits for the Contractor imposed on the
City; and the Contractor will reimburse the City for any award, judgment, or fine against the City based on
the position the Contractor was ever the City’s employee, and all attorneys’ fees and costs the City
reasonably incurs defending itself against any such liability.
PART 12 – MISCELLANEOUS PROVISIONS
12.01 Compliance with Laws and Regulations. All of the Work performed under this Contract by the
Contractor shall comply with all applicable laws, rules, regulations, and codes of the United States and the
State of Colorado. The Contractor shall also comply with all applicable ordinances, regulations, and
resolutions of the City and shall commit no trespass on any public or private property in the performance
of any of the Work identified in this Contract.
12.02 ADA Compliance; Accessibility Requirements. Contractor agrees to complete the Work in a
manner that ensures the City’s full compliance with applicable accessibility requirements set forth in the
Americans with Disabilities Act of 1990, Section 508 of the Rehabilitation Act of 1973, and C.R.S. § 2434-802 and associated regulations, all as may be amended from time to time. A signed, written certificate
stating compliance with any or all of these requirements may be requested at any time during the term, or
any Renewal Term, of this Contract.
12.03 Severability. In the event any of the provisions of this Contract are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected,
provided that the remaining provisions without the invalidated provisions are consistent with the Parties’
intent. Should either Party fail to enforce a specific term of this Contract it shall not be a waiver of a
subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and
conditions contained herein.
12.04 Retention and Open Records Act Compliance. All records of the Contractor related to the
completion of the Work hereunder, including public records as defined in the Colorado Open Records Act
(“CORA”), and records produced or maintained in accordance with this Contract, are to be retained and
stored in accordance with the City’s records retention and disposal policies. Those records which constitute
“public records” under CORA are to be at the City offices or accessible and opened for public inspection
in accordance with CORA and City policies. Public records requests for such records shall be processed in
accordance with City policies. Contractor agrees to allow access by the City and the public to all documents
subject to disclosure under applicable law. Contractor’s willful failure or refusal to comply with the
provisions of this paragraph shall result in the immediate termination of this Contract by the City. For
purposes of CORA, the City Clerk is the custodian of all records produced or created as a result of this
Contract. Nothing contained herein shall limit the Contractor’s right to defend against disclosure of records
alleged to be public.

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 7 of 10
Eff. 02.13.26

12.05 No Third-Party Beneficiaries. The enforcement of the terms and conditions of this Contract and all
rights of action relating to such enforcement, shall be strictly reserved to the City and the Contractor, and
nothing contained in this Contract shall give or allow any such claim or right of action by any other or third
person under such Contract.
12.06 Headings. The headings contained in this Contract are for reference purposes only and shall not in
any way affect the meaning or interpretation of this Contract.
12.07 Entire Agreement. The Parties acknowledge and agree that the provisions contained herein
constitute the entire agreement and that all representations made by any elected official, officer, director,
agent or employee of the respective Parties unless included herein are null and void and of no effect. No
alterations, amendments, changes, or modifications to this Contract, except those which are expressly
reserved herein to the Project Manager and/or the Superintendent, shall be valid unless they are contained
in writing and executed by all the Parties with the same formality as this Contract.
12.08 Contract Controls. In the event a conflict exists between this Contract and any term in any exhibit
attached or incorporated into this Contract, the terms in this Contract shall supersede the terms in such
exhibit.
12.09 Release of Information. The Contractor shall not, without the prior written approval of the City,
release any privileged or confidential information obtained in connection with the Work or this Contract.
12.10 Survival. The Parties understand and agree that all terms and conditions of the Contract that require
continued performance, compliance, or effect beyond the termination date of the Contract shall survive
such termination date and shall be enforceable in the event of a failure to perform or comply.
12.11 Binding Effect. The Parties agree that this Contract, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns; provided that this section shall not authorize
assignment.
12.12 Protection of Personal Identifying Information. If the Work includes or requires the City to disclose
to Contractor any personal identifying information as defined in C.R.S. § 24-73-101, Contractor shall
comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service
providers.
12.13 Authority. The individuals executing this Contract represent that they are expressly authorized to
enter into this Contract on behalf of the City of Cherry Hills Village and the Contractor and bind their
respective entities.
12.14 Counterparts. This Contract may be executed in one or more counterparts, each of which shall
constitute an original and all of which shall constitute one and the same document. In addition, the Parties
specifically acknowledge and agree that electronic signatures shall be effective for all purposes, in
accordance with the provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the
Colorado Revised Statutes.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract in triplicate. Two
counterparts have been delivered to the City and one counterpart has been delivered to the Contractor. All
portions of the Contract Documents have been signed or identified by the City and the Contractor.
Signature page follows
Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 8 of 10
Eff. 02.13.26

CITY OF CHERRY HILLS VILLAGE,
COLORADO:
By:
Name:
Title:
Date:
ATTEST:

APPROVED AS TO FORM:

______________________________
Laura Gillespie, City Clerk

_____________________________________
Kathie Guckenberger, City Attorney

DEPARTMENT RESPONSIBLE FOR ADMINISTRATION OF CONTRACT: PUBLIC WORKS
CUTLER REPAVING, INC.:
By:

____________________________________

Name: ____________________________________
Title:

____________________________

Date:

____________________________________

STATE OF _______________ )
) ss.
COUNTY OF ______________ )
The foregoing Construction Contract was acknowledged before me this _____ day of __________________,
202__, by _____________________ as ________________________ of Cutler Repaving, Inc., a Delaware
corporation.
Witness my hand and official seal.
My commission expires: ____________________.
Notary Public
(Required for all contracts pursuant to C.R.S.
§ 8-40-202(2)(b)(IV))

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 9 of 10
Eff. 02.13.26

EXHIBIT 1
BID FORM

Cherry Hills Village Construction Contract (Cutler Repaving, Inc.)
Project: Hot-In-Place Asphalt Overlay (HIP)

Page 10 of 10
Eff. 02.13.26

EXHIBIT A

CITY OF
CHERRY HILLS VILLAGE

INVITATION FOR BIDS
City of Cherry Hills Village Project No. 2026-001
CONSTRUCTION CONTRACT
FOR THE FOLLOWING PROJECT:

2026 Hot-In-Place Asphalt Recycling (HIP)

Date:
January 8, 2026

- 1 -

City of Cherry Hills Village Project No. 2026-001

2026 Hot-In-Place Asphalt Recycling (HIP)
Prepared for and approved by:
CITY OF CHERRY HILLS VILLAGE
2450 East Quincy Avenue
Cherry Hills Village, Colorado 80113
303-789-2541

Ryan Berninzoni

January 8, 2026

Project Manager

Date

Jay Goldie

January 8, 2026

Deputy City Manager & PW Director

Date

Reviewed by:
Kathie B. Guckenberger

January 8, 2026

City Attorney

Date

- 2 -

TABLE OF CONTENTS
I.

BID NOTICE / INVITATION TO BID

II.

INSTRUCTIONS TO BIDDERS

III.

BID FORM

(Note: items III. through VI. below are to be completed and returned as part of the bid submittal)

IV.

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

V.

BIDDER’S CERTIFICATION

VI.

BID BOND

EXHIBITS
Exhibit A:

Standard form of Construction Contract

Exhibit B:

General Conditions to the Construction Contract

Exhibit C:

Special Conditions to the Construction Contract

Exhibit D:

Form of Performance, Payment, Maintenance and Warranty Bond
(to be completed upon award)

Exhibit E:

Contract Documents
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

Exhibit F:
I.
II.
III.

NOTICE OF AWARD
NOTICE TO PROCEED
SHOP DRAWING TRANSMITTAL FORM
FORM OF CHANGE ORDER
APPLICATION FOR PAYMENT
FORM OF PARTIAL WAIVER OF LIEN
FORM OF FINAL WAIVER OF LIEN
CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF FINAL COMPLETION
CERTIFICATE OF PARTIAL ACCEPTANCE

Project Specifications
(Final Design Plans/Specifications for Project No. 2026-001)
Specifications
Reference Standards
Temporary Facilities and Controls

- 3 -

I.

BID NOTICE / INVITATION TO BID
CITY OF CHERRY HILLS VILLAGE, COLORADO
BID NOTICE
INVITATION TO BID
City of Cherry Hills Village Project No. 2026-001

Project Description
2026 Hot-In-Place Asphalt Recycling (HIP): E. Quincy Avenue East and West Bound Lanes Starting
at S. Holly on the east and ending at S. Clarkson on the west.
Summary of Work Description:
The work shall consist of rehabilitating the surface layer of existing asphalt pavement. Rehabilitation
shall be accomplished with specially designed equipment in a simultaneous multistep process of
heating, scarifying, applying an asphalt recycling agent, thoroughly remixing and reshaping the old
asphalt, and applying a new layer of HMA conforming to the project specifications in compliance with
lines, grades, thickness and typical cross sections of the existing roadway. The work will be completed
utilizing Section 405 Heating and Repaving Treatment of the Colorado Department of Transportation
(CDOT) Specification Book, as modified by the Specifications in Exhibit F of this document.
The contractor will be required to provide all traffic control (flaggers, signage, cones, ultra panels, etc.)
throughout the entire project. The City of Cherry Hills Village does not recognize traffic control or
mobilization, re-mobilization, or de-mobilization as a separate line item. In addition, the contractor
will need to provide third-party material testing related to all material specs and compaction.
The City is specifying an asphaltic mix design for this project to be a (Grading SX) (75) PG 58 – 28. The
City will allow up to a twenty percent (20%) reclaimed asphalt pavement (RAP) in its mix design.
Project Manager:
Project Engineer:

Ryan Berninzoni
N/A

PUBLIC NOTICE IS HEREBY GIVEN that there is on file with the City of Cherry Hills Village Contract
Documents for City of Cherry Hills Village Project No. 2026-001 referenced above.
Sealed Bids will be accepted at the Cherry Hills Village City Center front desk at 2450 East Quincy
Avenue, Cherry Hills Village, CO 80113, if actually received by 2:00 p.m. local time (City clock) on
Thursday, the 12th Day of February, 2026, for construction of the project referenced above. Additional
information regarding this Project may be accessed at https://www.bidnetdirect.com/colorado.
Such Bids as are received will be publicly opened and read aloud in the Council Chambers of
the Cherry Hills Village City Hall at 2:05 p.m. local time on the above-stated date.
Each Bid shall be made on the Form of Bid provided in the bid packet and no Bidder may withdraw
his Bid for a period of ninety (90) days from and after the date set for opening of bids. Each Bid must be
accompanied, in a sealed envelope, by a Bid Bond on an approved form in an amount equal to ten percent
(10%) of the Bid price, made payable to the City of Cherry Hills Village, which shall be considered as liquidated
damages and shall be forfeited to the City if said Bid is accepted and the Bidder fails to execute the Contract
Documents section within ten (10) calendar days after the Award by the City.

- 4 -

The work herein provided for shall be done under written Contract with the contractor chosen by
the City as deemed to be in the best interests of the City. Upon review of Bid prices, the City may be
required to add or delete portions of Work from this Project.
Preference is hereby given to materials, supplies, and provisions produced or manufactured in
Colorado, quality being equal to articles offered by competitors outside of the State. In accordance with
C.R.S. § 8-17-101 and the General Conditions applicable to the work, Colorado labor shall be employed to
perform at least eighty percent (80%) of the work.
In accordance with Article 103, Part 9 of Title 24, C.R.S., the City shall apply a comparable
percentage disadvantage to each bid received from a Bidder who is not a resident bidder of the State of
Colorado (non-resident Bidder) and who is from a state that provides a percentage bidding preference to
resident bidders of the non-resident Bidder’s state. Any Bidder may obtain additional information regarding
the bid preference from the City’s Contract Administrator or from the web site maintained by the Colorado
Department of Personnel. The bid preference shall not be applied to any work that receives federal moneys.
The bid preference required by Article 103, Part 9 of Title 24, C.R.S. shall be suspended if such requirement
would contravene any treaty, law, agreement or regulation of the United States, or would cause denial of
federal moneys or preclude the ability of the City to access federal moneys that would otherwise be
available.
The successful Bidder will be required to furnish, as part of the Contract, insurance certificates in
the amount specified in the General Conditions, a Performance, Payment, Maintenance and Warranty Bond
in an amount equal to one-hundred percent (100%) of the Contract Sum, said bond to be issued by a
responsible corporate surety approved by the City, and which shall guarantee the faithful performance of
the Construction Contract and the terms and conditions therein contained and shall guarantee the prompt
payment of all materials and labor, and protect and save harmless the City from claims and damages of any
kind caused by the operations of the Contractor.
Cherry Hills Village uses Bidnet Direct to publish bid solicitations at
https://www.bidnetdirect.com/colorado to distribute official copies of the Bid Documents for use in
preparing Bids. Bidders will be required to register with the website to download the Bid proposal
documents and Addenda. If you experience problems with the Bidnet website, please call 1-800-835-4603
or email at [email protected], for assistance. There is no charge by Bidnet for this service. Bidders are
required to acknowledge all Addenda with their Bid and are encouraged to view the Addenda posted on
Bidnet prior to submitting a Bid.
The City reserves the right to waive informalities or irregularities and to reject any or all Bids.
Capitalized terms have the meaning assigned in the General Conditions.

[Remainder of page intentionally left blank]

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II.

INSTRUCTIONS TO BIDDERS

PART 1 - DEFINED TERMS
1.01
Terms defined in the General Conditions to the Construction Contract shall carry their defined
meaning throughout this Invitation for Bids.
1.02
“Addenda” or “Addendum” means an addition or modification to this Invitation for Bids issued by
the City pursuant to Part 5 of these Instructions to Bidders.
1.03

“Bidder” means a person or entity responding to this Request for Bids.

1.04
“Bid Security” means an amount of security filed with a bid in the form and amount required by
paragraph 7.01 of these Instructions to Bidders.
1.05
“Construction Contract” means the City’s standard form of construction contract, which is included
as Exhibit A to this Bid Packet.
1.06
“General Conditions” means the standard conditions to the City’s Construction Contract, which are
included as Exhibit B to this Bid Packet.
1.07
“Invitation for Bids” or “IFB” means these 106 pages compiled for bidding on City of Cherry Hills
Village Project No. 2026-001 dated January 8, 2026, together with Exhibit C (Special Conditions to
Construction Contract) and Exhibit F (Specifications), both of which are attachments to this IFB and are
incorporated herein by reference.
1.08
"Successful Bidder" means the lowest, qualified, responsible Bidder to whom the City (on the basis
of the City's evaluations as hereinafter provided) makes an award.
PART 2 - COPIES OF CONTRACT DOCUMENTS
2.01 Complete copies of the Contract Documents for use in preparing bids may be obtained from the Bidnet
site at https://www.bidnetdirect.com/colorado, as set forth in this IFB. Should you experience any problems
in downloading the Contract Documents, please contact the City’s Contract Administrator at 303-783-2741.
2.02 The City, in making copies of Contract Documents available on the above terms, does so only for the
purpose of obtaining bids on the work and does not confer a license or grant for any other use.
2.03 Contract Documents not obtained from the City through Bidnet may be incomplete or inaccurate.
PART 3 - QUALIFICATIONS OF BIDDERS
3.01 All Bidders must complete this IFB as a whole, submitting a signed Non-Collusion Affidavit of
Prime Bidder (Section IV of this IFB), a signed Bidder’s Certification (Section V of this IFB), and a Bid
Bond (Section VI of this IFB).
3.02 In addition, all Bidders must be prepared to submit, within five (5) days of the City's request, written
evidence of their qualifications to perform the work. Bidders may be required to submit evidence, including
supplemental documentation requested by the City, that they have a practical knowledge of the particular
Work bid upon, and that they have the financial resources to complete the proposed Work.

- 6 -

3.03 In determining the Bidder's qualifications, the following factors will be considered: (a) work
previously completed by the Bidder, (b) plant and equipment available to be used in this Work, (c) recent
financial statement relative to resources, including cash and bank credits available, (d) surety company that
has indicated its willingness to bond the Bidder, (e) statement of material on hand and available for this
work, (f) whether the Bidder maintains a permanent place of business, and (g) whether the Bidder has
appropriate technical experience. Each Bidder may be required to show that it has handled former work so
that no just claims are pending against such work. No bid will be accepted from a Bidder who is engaged
on any work that would impair his ability to perform or finance this Work.
3.04 Evidence of a Bidder's qualification to do business in the State of Colorado may be required.
3.05 The Bidder will be required to establish to the satisfaction of the City the reliability and responsibility
of all proposed subcontractors and suppliers pursuant to the criteria set forth in these Instructions. Prior to
the award of the Construction Contract, the City will notify the Bidder in writing if the City has reasonable
objection to any such proposed subcontractor. In this event, the Bidder may, at his option, (1) withdraw
his bid, or (2) submit a substitute acceptable to the City with an adjustment in the bid to cover any difference
in cost. The City may, at its discretion, accept the adjusted bid or may disqualify the Bidder. In the event
of either withdrawal or disqualification, the Bid Security shall be returned to the Bidder.
PART 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.01 Before submitting a bid, each Bidder should (a) examine the Contract Documents thoroughly; (b) visit
the site or sites to familiarize himself with local conditions that may, in any manner, affect cost, progress
or performance of the Work; (c) familiarize himself with federal, state, and local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and
carefully correlate Bidder's observations with the Contract Documents.
4.02 Upon request, the City will provide each Bidder access to the site or sites to conduct such investigations
and tests as each Bidder deems necessary for submission of its bid.
4.03 Site access will be limited to normal working hours unless otherwise provided by the Project Manager.
4.04 If a meeting with City Staff or consultant is desired, prospective Bidders must contact the Project
Manager at least forty-eight (48) hours prior to the time they would like an appointment to review the
project, Monday through Thursday. City Staff will comply with such requests on a time-available basis
only.
PART 5 - INTERPRETATIONS
All questions regarding the meaning or intent of the Contract Documents shall be submitted in writing to
Ryan Berninzoni, Project Manager, City of Cherry Hills Village, 2450 East Quincy Avenue, Cherry Hills
Village, CO 80113 email [email protected]. Any inquiry received seven (7) or more days
prior to the date fixed for the opening of bids will be given consideration. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or clarifications shall be without
legal effect. Any and all such interpretations and any supplemental instructions will be in the form of written
Addenda which, if issued, will be posted at https://www.bidnetdirect.com/colorado Prior to the date fixed for
the opening of Bids, however, it will be the Bidder's responsibility to verify that all Addenda have been received,
by checking on the Bidnet website. All Addenda so issued shall become part of the Contract Documents, and
all Bidders shall be bound by such addenda, whether or not received by the Bidder.

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PART 6 - BASIS FOR EVALUATION OF BIDS
In addition to the qualifications discussed in Part 3 above, the following criteria will be considered in the
evaluation and award of the Bid. The Construction Contract shall be awarded to the lowest responsible and
responsive Bidder meeting the bid specifications unless the City determines that the public interest would
be better served by accepting a higher bid. In determining whether the public interest would be better
served by accepting a bid other than the lowest bid, the following factors shall be considered:
1. The Bidder’s skill, ability, and capacity to perform the personal services or to furnish the materials,
equipment or supplies required;
2. Whether the Bidder can perform the services or furnish the materials, equipment or supplies promptly,
or within the time period specified, without delay or interference;
3. The Bidder’s character, integrity, reputation, judgment, experience and efficiency;
4. The quality of the Bidder’s performance of previous contracts with the City and/or with other local
governmental entities within the State of Colorado;
5. The Bidder’s previous and current compliance with statutes, ordinances and rules relating to the
purchase;
6. The sufficiency of the Bidder’s financial resources necessary for the performance of the purchase
agreement;
7. The Bidder’s ability to provide future maintenance or service;
8. The number and nature of any conditions attached to the bid;
The City reserves the right to reject all bids when it determines that such action is in the public interest.
PART 7 - BID SECURITY
7.01 Each bid must be accompanied by security in the amount of ten percent (10%) of the maximum price
bid in the form of the bid bond included with the Contract Documents.
7.02 If the Successful Bidder fails to execute and deliver the Construction Contract, furnish the required
Performance, Payment, Maintenance and Warranty Bond, furnish the required evidence of insurance, or
satisfy all conditions precedent to execution of the Construction Contract within ten (10) days of the date
of Notice of Award, Owner may cancel or terminate the Notice of Award and the Bid Security of that
Bidder shall be forfeited to the City, not as a penalty, but as liquidated damages to compensate the City for
the cost of delay and also as an estimate of the difference between the Successful Bidder's bid and that of
the next lowest acceptable bid. The Bid Security of any Bidder whom the City believes to have a reasonable
chance of receiving the award may be retained by the City (a) until seven (7) days after the effective date
of the Construction Contract or (b) until the bids expire, whichever is earlier.

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PART 8 - CONTRACT TIME
The number of days within which the project is to be completed (the Contract Time) will be finally set forth
in Part 1 of the Construction Contract. At this time, it is estimated the Contract Time will be fifteen (15)
working days (not including weekends, holidays, or inclement weather) from the Notice to Proceed.
PART 9 - LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in the Construction Contract and other Contract Documents.
PART 10 - SUBSTITUTE MATERIAL AND EQUIPMENT
The Construction Contract, if awarded, will be on the basis of material and equipment described in the
Specifications, without consideration of possible substitute or "or equal" items. Whenever it is indicated in
the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by
the Contractor if acceptable to the Project Manager, the procedure for submittal of any such application by
the Contractor and consideration by the Project Manager is set forth in the General Conditions.
PART 11 – FORM OF BID
11.01 This Bid Packet contains a complete set of forms and a sample contract for the convenience and
reference of Bidders.
Additional copies may be obtained from Bidnet at
https://www.bidnetdirect.com/colorado.
11.02 All forms must be completed in ink and legible to the City. Whether forms submitted to the City are
legible shall be determined by the City in its sole and absolute discretion.
11.03 For corporations, the Bidder’s Certification must be executed in the corporate name by the president
or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested to by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the signature.
11.04 For partnerships, the Bidder’s Certification must be executed in the partnership name and signed by
a partner, whose title must appear under the signature. The official address of the partnership must be
shown below the signature.
11.05 For joint ventures, the Bidder’s Certification shall be signed by each participant in the joint venture
or by an authorized agent of each participant, and accompanied by evidence of authority to sign.
11.06 The names of all persons signing the Bidder’s Certification must also be legibly printed or typed
below the signature. A bid by a person who affixes to his signature the word "president," "secretary,"
"agent," or other designation without disclosing his principal may be held to be the bid of the individual
signing. When requested by the City, evidence of the authority of the person signing shall be furnished.
11.07 The full name of each person or company interested in the bid shall be listed on the Bidder’s
Certification.
11.08 The Bidder’s Certification shall contain an acknowledgment of receipt of all addenda (the numbers
of which shall be filled in.
11.09 No alterations in bids, or in the printed forms - by erasures, interpolations, or otherwise - will be

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acceptable unless each such alteration is signed or initialed by the Bidder. If initialed, the City may require
the Bidder to identify an alteration so initialed. No alteration in any bid, or in any form submitted as part
of a bid, shall be made after the bid has been submitted.
11.10 The address, phone number, and email to which communications regarding the bid are to be directed
must be shown.
11.11 All prices must be written in words and expressed in figures. The unit price items in the Bid Form
are intended to cover all items of work to be done and material to be furnished to fully complete the work
in accordance with the Contract Documents. The cost of appurtenant items of work, material, and
equipment not listed separately, not shown on the drawings or not specified as necessary to complete the
work in accordance with the Contract Documents shall be considered as included in the unit price bid.
11.12 Bids should be made on each separate item of work shown in this Bid Packet, with reasonable relation
to the probable cost of doing the work included in such item. The City reserves the right to reject any bid
in case an item or items thereof are obviously unbalanced or appear to be so unbalanced as to affect
adversely an interest of the City.
11.13 The quantities provided by the City in Part III of this Bid Packet, the Bid Form, are approximate and
are given only for use in comparing bids and to indicate approximately the total amount of the Construction
Contract. The City does not expressly or by implication represent that the actual amounts of work will
correspond therewith, but does call particular attention to the uncertainty in the quantities of the Work
involved that cannot be predicted in advance. The Work under certain items may be materially greater or
less than those predicted in this Bid Packet, as may be necessary in the judgment of the Project Manager to
complete the Work contemplated in the Construction Contract. An increase or decrease in the quantity for
any item shall not be regarded as grounds for a decrease or increase in the unit prices, except as may be set
forth in the Contract Documents.
PART 12- SUBMISSION OF BIDS
12.01 Each bid shall be accompanied by the Bid Security and other required documents.
12.02 Each Bid must be submitted in ink or typewritten and placed in a sealed envelope with the following
information on the outside: the Bidder's name, address, the word "BID", and the identity of the Project labeled
as “City of Cherry Hills Village Project No. 2026-001. If the Bid is mailed, the mailing envelope must have
the Bidder's name, address, and the following words on the outside:
“BID AND BID SECURITY FOR CITY OF CHERRY HILLS VILLAGE PROJECT NO. 2026001”.
Bids shall be submitted in bound form to:

Ryan Berninzoni, Right-of-way Project Manager
City of Cherry Hills Village
2450 East Quincy Avenue
Cherry Hills Village, CO 80113

Submittals will be accepted if actually received by the City until 2:00 P.M. local time on the 12th Day
of February, 2026 as determined by the City’s clock.
12.03 Bids shall be submitted prior to the time and date set for receipt of bids in this IFB, or the modified
time and date as indicated by Addendum. Bids received after the time and date set for receipt of bids will
be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated

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for receipt of bids.
12.04 Oral, telephone, or telegraph bids are invalid and will not receive consideration. No Bidder may
submit more than one bid. Multiple bids under different names will not be accepted from one firm or
association. Evidence of collusion among Bidders shall be grounds for exclusion of any Bidder who is a
participant in any such collusion.
12.05 All information submitted to the City by the Bidder is a public record, and may be subject to
disclosure under the Colorado Open Records Act, Colorado Revised Statute § 24-72-101, et seq. The
Bidder shall clearly identify any portion(s) of its bid that it believes constitutes trade secrets, privileged
information, and/or confidential commercial, financial, geological or geophysical data which may not be
subject to disclosure under the Colorado Open Records Act.
12.06 Bids that are not completed in the form and manner required by this IFB are subject to immediate
rejection in the discretion of the City of Cherry Hills Village.
12.07 The submission of a bid constitutes Bidder’s representation that he has complied with every
requirement of this IFB and that the Contract Documents, as provided in this IFB, are sufficient in
scope and detail to indicate and convey understanding of all terms and conditions for performance
of the work. Further, the submission of a bid constitutes a Bidder’s acceptance of all of the terms
and conditions of the City’s form of Construction Contract, and its General Conditions and Special
Conditions, included with this Bid Packet. In addition, by submitting a bid, Bidder accepts all of the
terms and conditions set forth in the Special Conditions, included as Exhibit C to this IFB. By
submitting a bid, Bidder is agreeing to execute the Construction Contract in substantially the same
form as presented immediately following Bidder’s receipt of the City’s notice of award of this
Construction Contract. A request for changes or modifications to the City’s form of Construction
Contract or General Conditions may result in a disqualification of the Bidder.
PART 13 - MODIFICATION AND WITHDRAWAL OF BIDS
13.01 Bids submitted early may be modified or withdrawn by notice to the party receiving bids at the place
and prior to the time designated for receipt of bids. Such notice shall be in writing and signed by the Bidder
or by email, if permitted by the Contract Administrator. If by email, signed written confirmation of the
change by the Bidder must have been mailed and postmarked on or before the date and time set for receipt
of bids. Modifications or changes shall be so worded as not to reveal the amount of the original bid. Bids
may also be modified or withdrawn in person by the Bidder or an authorized representative provided he
can prove his identity and authority. Withdrawn bids may be resubmitted up to the time designated for the
receipt of bids provided that they are then fully in conformance with these
Instructions to Bidders and the Bid Security is in an amount sufficient for the bid as modified or resubmitted.
13.02 If within twenty-four (24) hours after bids are opened, any Bidder files a duly signed, written notice
with the City and promptly thereafter demonstrates to the reasonable satisfaction of the City that there was
a material and substantial mistake in the preparation of his bid, that Bidder may withdraw his bid and the
Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.
PART 14 - OPENING OF BIDS
Bids will be publicly opened, read aloud and tabulated by the Contract Administrator or other City
representative(s) at the location noted above. Bids will be acted upon by the City Manager, or City Council
(if required), within ninety (90) days from the opening of the bids. An abstract of the amounts of the bids
and major alternates will be made available after the opening of the bids.

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PART 15 - BIDS TO REMAIN OPEN
Bids shall remain open until the time specified on page one of these Instructions after the date of the bid
opening, but the City will, under other provisions stated in these Instructions or may in its sole discretion,
release any bid and return the Bid Security prior to that date.
PART 16 - AWARD OF CONTRACT OR CONTRACTS
16.01 The City reserves the right and discretion to reject any and all bids, to waive any and all informalities
and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive or conditional bids. Discrepancies between words and figures will be resolved in favor of
the words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof
shall be resolved in favor of the correct sum. Your attention is called to the fact that bids that are not
completed in the form and manner required by this IFB are subject to immediate rejection in the discretion
of the City.
16.02 In evaluating bids, the City shall consider the qualifications of the Bidders, and whether or not the
bids comply with the prescribed requirements. The City reserves the right to reject the bid of any Bidder
who does not pass any such evaluation to the City's satisfaction. The City may accept bids in any order or
combination and may award each section of the Work to different Bidders.
16.03 The bid of any Bidder that is in arrears to the City upon debt of contract or that is a defaulter, as
surety or otherwise, upon any obligation to the City may be rejected.
16.04 If the Construction Contract is to be awarded, it will be awarded to the lowest responsible Bidder
whose evaluation by the City indicates to the City that the award will be in the best interests of the City.
16.05 The Successful Bidder shall furnish the City with a proposed schedule of construction within ten
(10) days of the date of the Notice of Award. Actual construction dates will be negotiated prior to the
Notice to Proceed is issued.
PART 17 – PERFORMANCE, PAYMENT, MAINTENANCE AND WARRANTY BOND
The Contract Documents set forth Owner's requirements as to the Performance, Payment, Maintenance and
Warranty Bond. When the Successful Bidder delivers the executed Construction Contract to the City, it
shall be accompanied by the required Performance, Payment, Maintenance and Warranty Bond in the form
attached as Exhibit D to this IFB. Said bond shall be issued by a responsible surety approved by the City
and shall guarantee the Successful Bidder’s faithful performance of the Construction Contract, including
but not limited to all warranty and guarantee provisions. Accompanying the bond form shall be a Power of
Attorney authorizing the attorney in fact to bind the surety company, and the form shall be certified to
include the date of the Bond.
PART 18 - SIGNING OF CONTRACT
When the City gives a Notice of Award to the Successful Bidder, it will be accompanied by counterparts
of the Construction Contract and all other Contract Documents. The Successful Bidder shall execute the
Construction Contract and deliver it, together with evidence of insurance and the Performance, Payment,
Maintenance and Warranty Bond, to the City within ten (10) days of the date of the Notice of Award.
Failure to do so will be adequate and just cause for the annulment or cancellation of the awards, and in such
case the Bid Security shall be forfeited to the City.

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PART 19 - SALES AND USE TAXES
19.01 This Project is being undertaken directly by the City. Therefore, as a governmental entity, no state
or other State-collected sales or use tax shall be due on construction materials used in this Project. These
materials may be subject to sales and use taxes imposed by other taxing authorities.
19.02 Within ten (10) days from the date of the Notice of Award, the Successful Bidder shall deliver to the
City three (3) copies of the completed and executed Contractor Application for Exemption Certificate with
the approval of the Colorado Department of Revenue affixed (Department of Revenue Form Number 172),
if requested by the City. These certificates will serve as an indication to the City that the Successful Bidder
has acquired the necessary exemption for the state and other state collected sales and use taxes. The
Successful Bidder shall make the same requirement, as contained above, of any subcontractors on the
Project.
19.03 All books and records pertaining to the Project that will allow the accurate determination of any tax
due must be retained and kept available for inspection by the City for three (3) years after the completion
of the Project.
19.04 All applicable taxes are to be paid by the Successful Bidder and are to be included in appropriate bid
items, except that, the Successful Bidder shall not be reimbursed for any State or other sales and use taxes
incurred as a result of failure to obtain an exemption certificate prior to issuance of the Notice to Proceed.
PART 20 - INSURANCE REQUIREMENTS
20.01 The Successful Bidder shall carry the insurance specified in the Construction Contract and/or
Contract Documents, and shall submit proof of such insurance when he delivers the executed Construction
Contract to the City of Cherry Hills Village. The City must be named as an additional insured on the
specified liability insurance policies and certificates of insurance. Insurance certificates required for this
project shall be sent or delivered to Ryan Berninzoni, Project Manager, 2450 East Quincy Avenue,
Cherry Hills Village, Colorado 80113.

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PART 21 – PERMITS AND REGULATIONS
The Successful Bidder shall be required to comply with all applicable permits and regulations to perform
construction activities associated with the project. Permits from the City will be issued on a no-fee basis. The
Successful Bidder will be responsible for all fees related to required permits not issued by the City.
Usual permit requirements may include, but not limited to:
-Right of Way Permit (Including all Traffic Control Plans “MHTs)
-C.D.O.T. Right-of-Way Use Permit and associated Notice to Proceed, if applicable.
-Grading, Erosion and Sediment Control (GESC) Permit and applicable BMP’s
-Floodplain Development Permit (FPDP), if applicable.
-State of Colorado Water Quality Permits (S.W.M.P. and/or Dewatering Permits), if applicable.
-State of Colorado Air Quality Permits, if applicable.

[Remainder of page intentionally left blank]

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III.

FORM OF BID

City of Cherry Hills Village Project No. 2026-001

Bidder:______________________________

Contact Name:
Phone Number:

This Bid is dated _____________, 2026
BASE BID: Hot-In-Place Asphalt Overlay (HIP)

Quincy Avenue (S. Holly Street to S. Clarkson Street)
Item #

Description

Estimated
Quantity

Unit

1.

Heating and Scarifying includes Rejuvenator

47,520

Sq
Yards

2.

New HMA (1”)

2,583

3.

Edge Milling

7,189

Unit Cost

Cost Extended

Tons
Sq
Yards
Sub-Total

____________

Sub-Total Written in Words

BASE BID: Street Striping and Thermoplastic
Item #

Description

Estimated
Quantity

4.

Crosswalk Bars (Thermoplastic)

33

5.

Stop Bars (Thermoplastic)

20

6.

Turn Arrows (Thermoplastic)

8

7.

4” White Epoxy Street/Trail Striping

10,056

Linear
Feet

5.

4” Green Epoxy Street/Trail Striping

N/A

Linear
Feet

6.

4” Yellow Epoxy Street Striping

15,840

Linear
Feet

Unit

Unit Cost

Cost Extended

Per
Per

Sub-Total

Sub-Total Written in Words

Total Bid

$____________

(Total Base Bid Written in Words)
Measurement and Payment: All payments will be made at the per unit bid price for each individual bid
item, based on the actual quantities installed (Unit Cost).

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Summary of Work Description:
2026 Hot-In-Place (HIP) Asphalt Recycling: E. Quincy Avenue East and West Bound Lanes Starting at
S. Holly on the east and ending at S. Clarkson on the west.
The work shall consist of rehabilitating the surface layer of existing asphalt pavement. Rehabilitation
shall be accomplished with specially designed equipment in a simultaneous multistep process of heating,
scarifying, applying an asphalt recycling agent, thoroughly remixing and reshaping the old asphalt, and
applying a new layer of HMA conforming to the project specifications in compliance with lines, grades,
thickness and typical cross sections of the existing roadway. The work will be completed utilizing Section
405 Heating and Repaving Treatment of the Colorado Department of Transportation (CDOT)
Specification Book, as modified by the Specifications in Exhibit F of this document.
The contractor will be required to provide all traffic control (flaggers, signage, cones, ultra panels, etc.)
throughout the entire project. The City of Cherry Hills Village does not recognize traffic control or
mobilization, re-mobilization, or de-mobilization as a separate line item. In addition, the contractor will
need to provide third-party material testing related to all material specs and compaction.
The City is specifying an asphaltic mix design for this project to be a (Grading SX) (75) PG 58 – 28. The
City will allow up to a twenty percent (20%) reclaimed asphalt pavement (RAP) in its mix design.
The Contractor will be required to have all water valves, manhole covers, and any other utility structures in the
streets located and adjusted to match the finished elevations (+0 inch to – ¼ inch) of the new asphaltic mat
constructed surface. The Contractor is advised that many utility lids encountered within the City are not
standard sized. The Contractor should inspect the sites to determine what materials / risers are needed for
making these adjustments. Any cost related to manholes, risers, lids etc. are the responsibility of the contractor
and will not be paid by the City.
All work shall be performed and completed between the hours of 7:00 am and 5:00 pm Monday through Friday.
Saturday work must be pre-approved. If approved, Saturday work hours will be between 8:00 am and 4:00 pm.
No work will be allowed on Sundays or Holidays. Work must be completed in such a manner as to ensure that
the contractor will have the worksite cleaned, secure and fully open to traffic prior to 5:00 pm each day.
Contractor must keep this in mind when ordering materials. The City’s Project Manager reserves the right to
determine when installation/construction must be completed each day to ensure the road is fully open by 5:00
pm each day. Work shall be scheduled in such a manner that any roads milled must be repaved within 48 hours
including weekends.
All numbers above are estimates only. It is the Bidder’s responsibility to measure all areas outlined in the bid
documents above, Form of Bid, and the Summary of Work.
A Pre-Bid Tour of the Project Area may be scheduled Monday through Thursday with forty-eight (48) hours
advance notice by calling the Project Manager, Ryan Berninzoni, at 303-783-2741.
The City does not recognize Mobilization, Re-Mobilization, or De-Mobilization as a bid line item. These cost
must be included in the Unit Costs on the Bid Sheet.
The City reserves the right to delete or remove any or all portions of this project at any time.

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IV.

[Remainder of page intentionally left blank]
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
(Complete and submit attached to your bid)

STATE OF ____________________
COUNTY OF _________________

)
) ss.
)

__________________________________________, being first duly sworn, deposes and says that:
(1) He is the ___________________of_______________________
____________________, the Bidder that has submitted the attached bid (the “Bid”);
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent
circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham bid;
(4) Neither the said Bidder nor any of its officers, partner, owners agents, representatives, employees or
parties in interest, including this affiant, have in any way colluded, conspired, connived, or agreed, directly
or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with
the Construction Contract for which the attached Bid has been submitted or to refrain from bidding in
connection with such Construction Contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communication or conference with any other Bidder, or to fix any overhead,
profit or cost element of the bid price or the bid price of any other Bidder, or to secure through the collusion,
conspiracy, connivance or unlawful agreement any advantage against the City of Cherry Hills Village or
persons interested in the proposed Construction Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
Signed:
By: _____________________________________
Printed Name: _____________________________
Subscribed and sworn to before me this _____ day of ____________________, 20____, by
________________________, as ______________________,
(Affiant)
(title)
of _______________________________, a _________________________, organized
(Bidder)
(corporation or partnership)
pursuant to the laws of the State of ______________________.
______________________________
Notary Public
My Commission Expires______________________

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V.

BIDDER’S CERTIFICATION (Complete and submit attached to your bid)

To:

City of Cherry Hills Village, Colorado (hereinafter called "CITY").

From:

___________________________________________________ (hereinafter “Bidder”),
organized and existing under the laws of the State of ________________ doing business
as (a corporation), (a partnership), (an individual).

The Bidder, in compliance with the City’s Invitation for Bids and Instructions to Bidders, hereby proposes
to perform all work in strict accordance with the Contract Documents within the time set forth therein, and
at the prices stated on the included Bid Form as totaled herein (the “Bid”).
By submission of this Bidder’s Certification, Bidder certifies, and in the case of a joint venture each party
thereto certifies as to his own organization, that the Bid has been arrived at independently, without
consultation, communication, or agreement as to any matters relating to this Bid with any other Bidder or
with any competitor.
The undersigned, having thoroughly inspected the existing conditions in the Project area affecting the cost
of the Work and having thoroughly examined all of the Contract Documents, together with all other forms,
attachments, and information required or otherwise submitted with this Bid, hereby offers to furnish all
supervision, technical personnel, labor, materials, machinery, tools, equipment and services including
utility and transportation services and to perform and complete all work required for:
City of Cherry Hills Village Project No. 2026-001
Project Description (Hot-In-Place (HIP) Asphalt Recycling): E. Quincy Avenue East and West Bound
Lanes Starting at S. Holly on the east and ending at S. Clarkson on the west.
The work shall consist of rehabilitating the surface layer of existing asphalt pavement. Rehabilitation
shall be accomplished with specially designed equipment in a simultaneous multistep process of
heating, scarifying, applying an asphalt recycling agent, thoroughly remixing and reshaping the old
asphalt, and applying a new layer of HMA conforming to the project specifications in compliance with
lines, grades, thickness and typical cross sections of the existing roadway. The work will be completed
utilizing Section 405 Heating and Repaving Treatment of the Colorado Department of Transportation
(CDOT) Specification Book as modified by the Specifications in Exhibit F of this document.
The contractor will be required to provide all traffic control (flaggers, signage, cones, ultra panels, etc.)
throughout the entire project. The City of Cherry Hills Village does not recognize traffic control or
mobilization, re-mobilization, or de-mobilization as a separate line item. In addition, the contractor
will need to provide third party material testing related to all material specs and compaction.
The City is specifying an asphaltic mix design for this project to be a (Grading SX) (75) PG 58 – 28. The
City will allow up to a twenty percent (20%) reclaimed asphalt pavement (RAP) in its mix design.
It is understood by the Bidder that should the cost of the Bid exceed budgeted funds, the City reserves the
right to reject any or all bids, or portions of work bid, or to use any of the methods stated in the Instructions
to Bidders to obtain the most advantageous bid price. Bidders must bid all items, additive schedules,
alternatives, and supplementary unit price schedule as contained in the Form of Bid.
The Bid is based on subcontracting certain major portions of the work to subcontractors as listed below:

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Item No.
Subcontractor
_________
___________________________
_________
___________________________
_________
___________________________
(Add additional names on separate sheet, if necessary.)

________________
________________
________________

In addition, by submission of this Bid and this Bidder’s Certification, Bidder certifies as follows:
1. Bidder understands that the City reserves the right to reject any or all bids and to waive any informalities
in the bidding.
2. The Bidder agrees that this Bid shall be good and will not be withdrawn for a period of ninety (90)
calendar days after the scheduled closing time for receiving bids. If written notice of the acceptance of this
Bid is mailed or otherwise delivered to the undersigned within this period, or at any time thereafter before
this Bid is withdrawn, the undersigned agrees to execute and deliver a Construction Contract in the
prescribed form and furnish the required surety bond within ten (10) days after the Construction Contract
is presented to him for signature.
3. As required by the Instructions to Bidders, attached hereto is the Non-Collusion Affidavit of Prime
Bidder, submitted as proof that the undersigned has not colluded with any person in respect to this Bid or
any other bid or the submitting of bids for the Construction Contract for which this Bid is submitted.
4. The Bidder is submitting, or will submit upon request, such additional proof as the City may require that
he can qualify in accordance with these Contract Documents with this Bid.
5. Bidder agrees to execute the Construction Contract, including its General Conditions, in the form
presented in the Bid Packet.
The undersigned Bidder hereby agrees to be ready and to appear at the office of the City’s Contract
Administrator to execute the Construction Contract in conformity with his Bid and also to have ready and
to furnish at that time the attached Performance, Payment, Maintenance and Warranty Bond each in an
amount not less than the full amount of the attached Bid Form.
The ________________________________________________, a corporation of the State of
_________________________, is hereby offered as surety on said bond. If such surety is not approved by
the City, another and satisfactory surety company shall be furnished.
Enclosed herewith is Bid Security, as defined in the attached Instructions to Bidders, in the amount of
___________, which Bid Security the undersigned Bidder agrees is to be paid to and become the property
of the City, as liquidated damages, and not as a penalty, to compensate the City for actual costs, delay and
the difference between this Bid and the next lowest acceptable bid, should this Bid be accepted and the
Construction Contract awarded this Bidder and should he fail to enter into the Construction Contract in the
form prescribed or fail to furnish the required Performance, Payment, Maintenance and Warranty Bond
within ten (10) days as stipulated.
The undersigned Bidder acknowledges receipt of the following addenda:
Addendum No.________ Date________ Initial by Bidder______
Addendum No.________ Date________ Initial by Bidder ______

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Addendum No.________ Date________ Initial by Bidder ______
Addendum No.________ Date________ Initial by Bidder ______
The undersigned Bidder certifies that he and each of his subcontractors possess an adequate supply of
workers qualified and equipment satisfactory to perform the Work specified in the Contract Documents;
that there is no existing or impending dispute between it and any labor organization; and that it is prepared
to comply fully with the provisions contained in the Contract Documents.
This Bid is submitted upon the declaration that neither I (we) nor, to the best of my (our) knowledge, none
of the members of my (our) firm or company have either otherwise taken any action in restraint of free
competitive bidding in connection with this Bid.
Dated at __________________________ this __________ day of ________________, 20___.
Signature of Bidder:
If an Individual:

_______________________________

doing business as ________________________________

If a Partnership: ______________________________________
by _______________________________, General Partner.

If a Corporation:________________________________________
a ___________________________, Corporation
by ___________________________, President.
Attest:
___________________________
Secretary
[Corporate Seal]
Business Address of Bidder ________________________________
City, State, Zip Code _____________________________________

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Telephone Number of Bidder ________________________________
Email of Bidder ______________________________________

- 21 -

VI.

BID BOND (Complete and submit with your bid)

KNOW
ALL
MEN
BY
THESE
PRESENTS,
that
we,
the
undersigned,
___________________________________ as Principal, and ___________________________________
as Surety, are hereby held and firmly bound unto the City of Cherry Hills Village, Colorado, as Owner, in
the penal sum of ______________________________ for the payment of which, well and truly to be made,
we hereby jointly and severally bind ourselves, successors and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of
Cherry Hills Village, Colorado, the accompanying bid (the “Bid”), which is hereby made a part hereof, to
enter into a contract for the construction of the following described project:
City of Cherry Hills Village Project No. 2026-001, consisting of the following:
Project Description (2026 Hot-In-Place (HIP) Asphalt Recycling): E. Quincy Avenue East and West
Bound Lanes Starting at S. Holly on the east and ending at S. Clarkson on the west.
The work shall consist of rehabilitating the surface layer of existing asphalt pavement. Rehabilitation
shall be accomplished with specially designed equipment in a simultaneous multistep process of
heating, scarifying, applying an asphalt recycling agent, thoroughly remixing and reshaping the old
asphalt, and applying a new layer of HMA conforming to the project specifications in compliance with
lines, grades, thickness and typical cross sections of the existing roadway. The work will be completed
utilizing Section 405 Heating and Repaving Treatment of the Colorado Department of Transportation
(CDOT) Specification Book as modified by the Specifications in Exhibit F of this document.
The contractor will be required to provide all traffic control (flaggers, signage, cones, ultra panels, etc.)
throughout the entire project. The City of Cherry Hills Village does not recognize traffic control or
mobilization, re-mobilization, or de-mobilization as a separate line item. In addition, the contractor
will need to provide third party material testing related to all material specs and compaction.
The City is specifying an asphaltic mix design for this project to be a (Grading SX) (75) PG 58 – 28. The
City will allow up to a twenty percent (20%) reclaimed asphalt pavement (RAP) in its mix design.
AND WHEREAS, the Owner, as a condition for receiving said Bid, requires the Principal to deposit with
the Owner a Bid Security equivalent to not less than ten percent (10%) of the amount of said Bid,
NOW, THEREFORE,
(a) If said Bid shall be rejected; or in the alternative,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract (properly completed
in accordance with said Bid) and shall furnish a Performance, Payment, Maintenance and Warranty Bond
upon the forms prescribed by the Owner for the faithful performance of said contract; and for the payment
of all persons performing labor or furnishing materials in connection therewith; and shall in all other
respects perform the agreement created by the acceptance of said Bid; or in the alternative,
(c) If the Principal shall pay to the City, as liquidated damages, and not as a penalty, to compensate the
City for actual costs and delay the difference in amount between the Principal's Bid and that of the next
lowest acceptable Bidder, then this obligation shall be void, otherwise the same shall remain in force and

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effect, it being expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond
shall be in no way impaired or affected by any extension of the time within which the Owner may accept
such Bids; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, this
__________ day of __________________, 20__, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year
set forth above.
PRINCIPAL

SURETY

Name:___________________________

__________________________

Address:________________________

__________________________

________________________

__________________________

By:_____________________________
Title: _________________________

__________________________
Attorney in Fact

Give local address and
phone number if different
than above:
__________________________
__________________________
__________________________

(Seal)

(Seal)

NOTE: Surety companies executing bonds must be authorized to transact business in the State of Colorado
and be acceptable to the City of Cherry Hills Village.
INSTRUCTIONS
1.
The full firm name and residence of each individual party to the bond must be inserted in the first
paragraph.
2.
If the principal is a partnership, the full name of all partners must be inserted in the first paragraph
which must recite that they are partners composing the partnership (to be named), and all partners must
execute the bond as individuals.
3.
The state of incorporation of each corporate party to the bond must be inserted in the first paragraph
and the bond must be executed under the corporate seal of said party attested by its secretary or other
authorized officer.

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4.
Power of attorney must accompany this bond when signed by other than an officer of either the
principal or surety.

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EXHIBIT A: STANDARD FORM OF CONSTRUCTION CONTRACT

CITY OF
CHERRY HILLS VILLAGE
CONSTRUCTION CONTRACT
FOR THE FOLLOWING PROJECT:

[2026 Hot-In-Place (HIP) Asphalt Overlay]
City of Cherry Hills Village Project No. 2026-001
This Construction Contract (“Contract”) is made and entered into by and between
________________ (hereinafter, “Contractor”), a __________________ registered to operate in the State
of Colorado having a principal office address of ___________________, and a local address of
_________________ and the CITY OF CHERRY HILLS VILLAGE (hereinafter, “City” or “Owner”),
a home rule municipal corporation of the State of Colorado, having an address of 2450 East Quincy Avenue,
Cherry Hills Village, Colorado 80113 (collectively, the City and Contractor may be referred to herein as
the “Parties” or individually as “Party”).
In consideration of the mutual covenants hereinafter set forth, the Parties agree as follows:
PART 1 – WORK; TIME
1.01
The Contractor agrees to furnish all of the technical, administrative, professional, and other labor,
all supplies and materials, equipment, printing, vehicles, local travel, office space and facilities, testing and
analyses, calculations, and any other facilities or resources necessary to perform in a workmanlike manner
all Work required by the Contract Documents.
1.02
This Contract shall be effective as of the date of its mutual execution by the Parties (“Effective
Date”) and shall continue until _____________or until terminated as provided herein (“Termination Date”).
The Parties may mutually agree in writing to extend the term of this Contract by letter amendment in
accordance with Part 9 of this Contract, subject to annual appropriation. The Contractor agrees to undertake
the performance of the Work within [NUMBER OF WORKING DAYS WRITTEN OUT
(NUMERICAL)] working days (defined as calendar days excluding holidays, weekends, and
inclement weather) following the Notice to Proceed and agrees that the Work will be completed within
[NUMBER OF WORKING DAYS WRITTEN OUT (NUMERICAL)] working days of the date of the
Notice to Proceed unless the Contract Time is extended by the City as provided in the Contract Documents.
1.03
The Parties agree that, in any section in which the Contractor prepares any document for “the
approval of the City,” such subsequent approval by the City does not mean that City is responsible for the
accuracy, thoroughness, or judgment contained in the document. The City does not waive the right to hold

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the Contractor responsible for the accuracy, thoroughness, or judgment expressed in the document, as it is
expressly agreed by the Parties that the City is relying on the expertise of the Contractor for the timely
completion of the Work required by the Contract Documents.
PART 2 – CONTRACT PRICE AND PAYMENT
2.01
The City shall pay the Contractor for performance of the Work in accordance with the Contract
Documents the amount(s) shown on Contractor's Form of Bid, Items _______ not to exceed (INSERT
WRITTEN AND DOLLAR AMOUNT ($________.__). The amount the City has appropriated for this
Contract is an amount that is, at a minimum, equal to the Contract Sum stated in this paragraph.
2.02

The City shall pay the Contractor as follows [check box that applies]:
The City shall make payments as set forth in Article 9 of the General Conditions, subject to the
City's obligation to retain a portion of the payments until final completion and acceptance by the
City of all Work included in the Contract Documents.
If the Work is scheduled to be completed within thirty (30) calendar days of the date listed in the
Notice to Proceed, and the requirements of C.R.S. Section 24-91-103 do not otherwise apply, the
Contractor shall submit a single Application for Payment at the time of Substantial Completion
in accordance with payment procedures outlined in the Special Conditions. If there is any conflict
or inconsistency between the terms of payment in the Special Conditions and the General
Conditions, the Special Conditions shall control.

2.03
Prior to final payment, all Work specified by the Contract Documents must be completed. Payment
shall be made only after the procedure specified by the General Conditions, as may be modified by the
Special Conditions, is completed.
2.04
The City represents that either an appropriation for the price specified in this Construction Contract
has been made by the City Council or that sufficient funds have otherwise been made available for the
payment of this Construction Contract. The not-to-exceed amount will not be modified such that the original
contract price is exceeded without the contractor receiving written assurance from the municipality that the
municipality has appropriated the extra amount.
2.05
The Parties understand and acknowledge that the City of Cherry Hills Village is subject to Article
X § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Contract. It is understood and agreed that this Contract
does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Contract to the contrary, all payment obligations of the City are
expressly dependent and conditioned upon the continuing availability of the funds beyond the term of the
City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the
City payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the
City of Cherry Hills Village and other applicable law. Upon the failure to appropriate such funds, this
Contract shall be terminated.
2.06
Beginning on the Effective Date, Contractor may apply for payment to the Project Manager no
more frequently than every thirty (30) days for Work completed. Upon issuance of a Certificate for Payment
by the Project Manager, the City shall pay Contractor in accordance with Article 9 of the General
Conditions, as may be modified by the Special Conditions.

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PART 3 – CONTRACTOR’S REPRESENTATIONS
3.01
In order to induce the City to enter into this Construction Contract, the Contractor makes the
following representations:
(a) The Contractor has familiarized itself with the nature and the extent of the Contract Documents,
Work, the location and site of the Work and any and all local conditions and federal, state and local laws,
ordinances, rules, regulations, and orders that in any manner may affect cost, progress, or performance of
the Work.
(b) Contractor has carefully studied all physical conditions at the site and existing facilities
affecting cost, progress, or performance of the Work.
(c) Contractor has given the City written notice of all conflicts, errors, or discrepancies that it has
discovered in the Contract Documents and, if applicable, the written resolution(s) thereof by the City is/are
acceptable to the Contractor.
(d)

Reserved.

3.02
Contractor agrees to remedy all defects appearing in the Work or developing in the materials
furnished and the workmanship performed under this Construction Contract for a period of one (1) year or
such other time that is specified in the Contract Documents after the date of acceptance of the Work by the
City, and further agrees to indemnify and save the City harmless from any costs encountered in remedying
such defects. Contractor shall provide a performance, payment, maintenance and warranty bond that shall
remain in effect until all defects are corrected as required by this paragraph.
PART 4 - CONTRACT DOCUMENTS
4.01 The Contract Documents, which comprise the entire Construction Contract between the City and the
Contractor, are attached to this Construction Contract and made a part hereof by this reference, including:
[INCLUDE AS APPLICABLE]
Invitation for Bids
Other: _____________________________
Instructions to Bidders
Bid Bond
Bid Form
Notice of Award
Notice to Proceed
Construction Contract
Construction Drawings
Specifications
Right-of-Way Standards
Performance, Payment, Maintenance and Warranty Bond
General Conditions, including table of contents
Special Conditions
Construction Contract Addenda
Change Orders, Letter Amendments, Change Order Directives, and Orders for Minor Changes in Work
Insurance Certificates and Endorsements
Tax-Exempt Certificates

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In the event of an inconsistency between any provisions of the Contract Documents, the more specific
provisions shall govern the less specific provisions, and written addenda, change orders, or other
modifications approved in writing by both Parties subsequent to the date of this Contract as set forth on
page 1 hereof shall govern the original Contract Documents.
4.02
There are no Contract Documents other than those listed above. The Contract Documents may
only be altered, amended, or repealed by a modification, in writing, executed by the City and the Contractor
as provided in Part 9 of this Contract and as otherwise provided in the Contract Documents.
PART 5 - PROJECT MANAGER AND SUPERINTENDENT
5.01
The Project Manager, for the purposes of the Contract Documents, is the following, or such other
person or firm as the City may designate in writing:
Name:
Address:
Telephone:
Email:

Ryan Berninzoni
2450 East Quincy Avenue, Cherry Hills Village, Colorado 80113
303-783-2741
[email protected]

The Project Manager is authorized to represent and act as agent for the City with respect to the City’s rights
and duties under the Contract Documents and is authorized to approve minor changes in the Work, as
defined in paragraph 7.4.1 of the General Conditions. The City Manager and the Public Works Director are
authorized to modify the Contract Time by Change Order. Change Orders that modify the Contract Sum
shall only be approved and executed by the Authorized Signatories indicated in the table below, based on
the dollar amount of an increase to the Contract Sum.
In the event of doubt as to such authority, the Contractor may request a written representation from the City
Manager resolving such doubt and designating the person with authority under the circumstances, which
written representation shall be conclusive and binding upon the City.
Increase to Contract Sum

Authorized Signatory

Up to $20,000

City Manager or Public Works Director or Project
Manager

$20,000 to $50,000

City Manager or Public Works Director

$50,001 to $100,000

City Manager

$100,001 and above

City Manager with City Council authorization

5.02
The Contractor’s Superintendent, for purposes of the Contract Documents, is the following and is
subject to Article 3 (Section 3.9) of the General Conditions and such other obligations as the Contract
Documents may specify:
Name: ____________________________
Address: ___________________________
Telephone: _________________________
Email: _____________________________

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PART 6 - ASSIGNMENT
6.01
No assignment by a Party hereto of any rights under or interest 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. This
restriction on assignment includes, without limitation, assignment of the Contractor's right to payment to
its surety or lender.
6.02
It is agreed that this Construction Contract shall be binding on and inure to the benefit of the Parties
hereto, their heirs, executors, administrators, assigns and successors.
PART 7 - GOVERNING LAW AND VENUE
7.01
This Construction Contract shall be governed by the laws of the State of Colorado and the Charter
and ordinances of the City of Cherry Hills Village.
7.02
This Construction Contract shall be deemed entered into in Arapahoe County, State of Colorado,
as the City is located in said county. The location for settlement of any and all claims, controversies, and
disputes arising out of or related to this Construction Contract or any breach thereof, whether by alternative
dispute resolution or litigation, shall be proper only in Arapahoe County.
PART 8 - LIQUIDATED DAMAGES
8.01
The City and the Contractor recognize that time is of the essence in this Construction Contract and
that the City will suffer financial loss if the Work is not substantially completed within the time specified
in paragraph 1.02 above, plus any extensions thereof allowed by the City by written Change Order or
Construction Change Directive. They also recognize the delays, expense, and difficulties involved in
proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the Work is not
substantially complete on time. Accordingly, rather than requiring any such proof, the City and the
Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the
City the applicable amount set forth in the General Conditions for each day that expires after the time
specified in paragraph 1.02 until the Work is complete. It is agreed that this is a reasonable estimate of the
damages likely to be suffered by the City for late completion of the Work. If the Contractor shall fail to
pay such liquidated damages promptly upon demand therefor, the Surety on the Performance, Payment,
Maintenance and Warranty Bond shall pay such damages. In addition, and at the City’s option, the City
may withhold all or any part of such liquidated damages from any payment due the Contractor.
PART 9 - MODIFICATIONS
This Construction Contract shall be modified only by written Change Orders or Addenda agreed upon by
the Parties hereto, duly issued in form approved by the City Attorney and in conformance with the other
Contract Documents. Pursuant to Article 7 of the General Conditions, the Contract Sum and Contract Time
may be changed by a Change Order only. The City shall not approve any Contract modification that
increases the Contract Sum without providing the Contractor written assurance that the City has
appropriated funds for the additional amounts.
Notwithstanding the paragraph immediately above, the City reserves the right to renew this Construction
Contract for up to three (3) additional years, in its sole discretion, all terms and conditions to remain the

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same with the exception of the prices to be paid for the required maintenance, work, and materials. No
later than December 31 of the year in which this Contract takes effect, the Contractor may submit to the
Project Manager a revised price schedule for the succeeding year. The Project Manager may accept or reject
the revised price schedule by written notification to the Contractor. The Project Manager’s acceptance of
the revised price schedule shall constitute notice of the City’s intent to exercise its option to renew this
Contract for an additional year, subject to final approval of such renewal by City Council or such other duly
authorized official of the City having such approval authority pursuant to the City’s Charter and ordinances;
and subject to annual appropriation. Any renewal of this Contract for an additional year shall be pursuant
to a written letter amendment to the Contract signed by both Parties, and such renewal shall be exempt from
competitive bidding requirements pursuant to Section 4-3-20(b)(5) of the Cherry Hills Village Municipal
Code.
PART 10 - CONTINGENCY
This Construction Contract is expressly contingent upon the approval of the City of all of the terms set forth
herein. In the event this Construction Contract is not approved in its entirety by the City, neither Party shall
be bound to the terms of this Construction Contract.
The person or persons signing and executing this Construction Contract on behalf of each Party do hereby
warrant and guarantee that he/she or they have been fully authorized to execute this Construction Contract and
to validly and legally bind such Party to all the terms, performances, and provisions herein set forth.
No officer or employee or agent of the City shall be personally responsible for any liability arising under
or growing out of the Contract.
INSURANCE CERTIFICATES REQUIRED BY THE GENERAL CONDITIONS OF THIS
CONTRACT SHALL BE SENT TO THE PUBLIC WORKS DEPARTMENT, CITY OF CHERRY
HILLS VILLAGE, ATTENTION: RYAN BERNINZONI, PROJECT MANAGER
PART 11 – INDEPENDENT CONTRACTOR
11.01 General. Contractor is an independent contractor. Notwithstanding any other provision of this
Contract, all personnel assigned by Contractor to perform work under the terms of this Contract shall be,
and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no
representation that it is a City employee for any purposes.
11.02 Liability for Employment-Related Rights and Compensation. The Contractor shall be solely
responsible for all compensation, benefits, insurance and employment-related rights of any person
completing the Work hereunder during the course of or arising or accruing as a result of any employment,
whether past or present, with the Contractor, as well as all legal costs including attorney’s fees incurred in
the defense of any conflict or legal action resulting from such employment or related to the corporate
amenities of such employment. The Contractor will comply with all laws, regulations, municipal codes,
and ordinances and other requirements and standards applicable to the Contractor’s employees, including,
without limitation, federal and state laws governing wages and overtime, equal employment, safety and
health, employees’ citizenship, withholdings, reports and record keeping. Accordingly, the City shall not
be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension
funds, insurance premiums or payments, workers’ compensation benefits or any other amenities of
employment to any of the Contractor’s employees or any other liabilities whatsoever, unless otherwise
specifically provided herein.

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11.03 Insurance Coverage and Employment Benefits. The City will not include the Contractor as an
insured under any policy the City has for itself. The City shall not be obligated to secure nor provide any
insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s
employees, sub-consultants, subcontractors, agents, or representatives, including but not limited to
coverage or benefits related to: local, state, or federal income or other tax contributions, FICA, workers’
compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid
holidays, pension or retirement account contributions, profit sharing, professional liability insurance, or
errors and omissions insurance. The following disclosure is provided in accordance with Colorado law:
CONTRACTOR ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR
EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS
CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY PROVIDES SUCH
BENEFITS. CONTRACTOR FURTHER ACKNOWLEDGES THAT NEITHER IT NOR ITS
AGENTS OR EMPLOYEES ARE ENTITLED TO WORKERS’ COMPENSATION
BENEFITS. CONTRACTOR ALSO ACKNOWLEDGES THAT IT IS OBLIGATED TO PAY
FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED OR PAID PURSUANT
TO THIS CONTRACT.
11.04 Employee Benefits Claims. To the maximum extent permitted by law, the Contractor waives all
claims against the City for any Employee Benefits; the Contractor will defend the City from any claim and
will indemnify the City against any liability for any Employee Benefits for the Contractor imposed on the
City; and the Contractor will reimburse the City for any award, judgment, or fine against the City based on
the position the Contractor was ever the City’s employee, and all attorneys’ fees and costs the City
reasonably incurs defending itself against any such liability.
PART 12 – MISCELLANEOUS PROVISIONS
12.01 Compliance with Laws and Regulations. All of the Work performed under this Contract by the
Contractor shall comply with all applicable laws, rules, regulations, and codes of the United States and the
State of Colorado. The Contractor shall also comply with all applicable ordinances, regulations, and
resolutions of the City and shall commit no trespass on any public or private property in the performance
of any of the Work identified in this Contract.
12.02 ADA Compliance; Accessibility Requirements. Contractor agrees to complete the Work in a
manner that ensures the City’s full compliance with applicable accessibility requirements set forth in the
Americans with Disabilities Act of 1990, Section 508 of the Rehabilitation Act of 1973, and C.R.S. § 2434-802 and associated regulations, all as may be amended from time to time. A signed, written certificate
stating compliance with any or all of these requirements may be requested at any time during the term, or
any Renewal Term, of this Contract.
12.03 Severability. In the event any of the provisions of this Contract are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected,
provided that the remaining provisions without the invalidated provisions are consistent with the Parties’
intent. Should either Party fail to enforce a specific term of this Contract it shall not be a waiver of a
subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and
conditions contained herein.
12.04 Retention and Open Records Act Compliance. All records of the Contractor related to the
completion of the Work hereunder, including public records as defined in the Colorado Open Records Act
(“CORA”), and records produced or maintained in accordance with this Contract, are to be retained and
stored in accordance with the City’s records retention and disposal policies. Those records which constitute

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“public records” under CORA are to be at the City offices or accessible and opened for public inspection
in accordance with CORA and City policies. Public records requests for such records shall be processed in
accordance with City policies. Contractor agrees to allow access by the City and the public to all documents
subject to disclosure under applicable law. Contractor’s willful failure or refusal to comply with the
provisions of this paragraph shall result in the immediate termination of this Contract by the City. For
purposes of CORA, the City Clerk is the custodian of all records produced or created as a result of this
Contract. Nothing contained herein shall limit the Contractor’s right to defend against disclosure of records
alleged to be public.
12.05 No Third-Party Beneficiaries. The enforcement of the terms and conditions of this Contract and all
rights of action relating to such enforcement, shall be strictly reserved to the City and the Contractor, and
nothing contained in this Contract shall give or allow any such claim or right of action by any other or third
person under such Contract.
12.06 Headings. The headings contained in this Contract are for reference purposes only and shall not in
any way affect the meaning or interpretation of this Contract.
12.07 Entire Agreement. The Parties acknowledge and agree that the provisions contained herein
constitute the entire agreement and that all representations made by any elected official, officer, director,
agent or employee of the respective Parties unless included herein are null and void and of no effect. No
alterations, amendments, changes, or modifications to this Contract, except those which are expressly
reserved herein to the Project Manager and/or the Superintendent, shall be valid unless they are contained
in writing and executed by all the Parties with the same formality as this Contract.
12.08 Contract Controls. In the event a conflict exists between this Contract and any term in any exhibit
attached or incorporated into this Contract, the terms in this Contract shall supersede the terms in such
exhibit.
12.09 Release of Information. The Contractor shall not, without the prior written approval of the City,
release any privileged or confidential information obtained in connection with the Work or this Contract.
12.10 Survival. The Parties understand and agree that all terms and conditions of the Contract that require
continued performance, compliance, or effect beyond the termination date of the Contract shall survive
such termination date and shall be enforceable in the event of a failure to perform or comply.
12.11 Binding Effect. The Parties agree that this Contract, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns; provided that this section shall not authorize
assignment.
12.12 Protection of Personal Identifying Information. If the Work includes or requires the City to disclose
to Contractor any personal identifying information as defined in C.R.S. § 24-73-101, Contractor shall
comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service
providers.
12.13 Authority. The individuals executing this Contract represent that they are expressly authorized to
enter into this Contract on behalf of the City of Cherry Hills Village and the Contractor and bind their
respective entities.
12.14 Counterparts. This Contract may be executed in one or more counterparts, each of which shall
constitute an original and all of which shall constitute one and the same document. In addition, the Parties
specifically acknowledge and agree that electronic signatures shall be effective for all purposes, in

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accordance with the provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the
Colorado Revised Statutes.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract in triplicate. Two
counterparts have been delivered to the City and one counterpart has been delivered to the Contractor. All
portions of the Contract Documents have been signed or identified by the City and the Contractor.
Remainder of page left blank intentionally
Signature page follows

- 33 -

CITY OF CHERRY HILLS VILLAGE,
COLORADO

By: __________________________________
Kathleen Brown, Mayor
Date: _________________________________
ATTEST:

APPROVED AS TO FORM:

______________________________
Laura Gillespie, City Clerk

_____________________________________
Kathie Guckenberger, City Attorney

DEPARTMENT RESPONSIBLE FOR ADMINISTRATION OF CONTRACT: PUBLIC WORKS
CONTRACTOR:
By:

____________________________________

Name: ____________________________________
Title:

____________________________

Date:

____________________________________

STATE OF _______________ )
) ss.
COUNTY OF ______________ )
The foregoing Construction Contract was acknowledged before me this _____ day of __________________,
202__, by _____________________ as ________________________ of ___________________________.
Witness my hand and official seal.
My commission expires: ____________________.
Notary Public
(Required for all contracts pursuant to C.R.S.
§ 8-40-202(2)(b)(IV))

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EXHIBIT B:

GENERAL CONDITIONS TO THE CONSTRUCTION CONTRACT

CITY OF
CHERRY HILLS VILLAGE
GENERAL CONDITIONS TO THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
ARTICLE 1
1.1
1.2
1.3
ARTICLE 2
2.1
2.2
2.3
ARTICLE 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17

GENERAL PROVISIONS
Definitions
Execution, Correlation and Intent
Ownership and Use of Documents
OWNER
Information and Services Required of the Owner
Owner’s Right to Stop the Work
Owner’s Right to Carry Out the Work
CONTRACTOR
Review of Contract Documents and Field Conditions by Contractor
Supervision and Construction Procedures
Labor and Materials
Traffic Control
Warranty
Taxes
Permits, Fees and Notices
Allowances
Superintendent
Contractor's Construction Schedule
Documents and Samples at the Site
Shop Drawings, Product Data and Samples
Use of Site
Cutting and Patching of Work
Cleaning Up
Communications
Royalties and Patents

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3.18
3.19
3.20
ARTICLE 4
4.1
4.2
4.3
4.4
ARTICLE 5
5.1
5.2
5.3
ARTICLE 6
6.1
6.2
6.3
ARTICLE 7
7.1
7.2
7.3
7.4
ARTICLE 8
8.1
8.2
8.3
8.4

Indemnification
Attorneys Fees
Reserved
ADMINISTRATION OF THE CONTRACT
Project Manager
Project Manager’s Administration of the Construction Contract
Claims and Disputes
Resolution of Claims and Disputes
SUBCONTRACTORS
Award of Subcontracts and Other Contracts for Portions of the Work
Sub contractual Relations
Contingent Assignment of Subcontracts
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
Owner's Right to Perform Work and to Award Separate Contracts
Mutual Responsibility
Owner's Right to Clean Up
CHANGES IN THE WORK
Changes
Change Orders
Construction Change Directives
Minor Changes in the Work
TIME
Date of Commencement of the Work
Progress and Completion
Delays and Extensions of Time
Liquidated Damages

ARTICLE 9

PAYMENTS AND COMPLETION

9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10

Contract Sum
Schedule of Values
Applications for Payment
Certificates for Payment
Decisions to Withhold Certification
Progress Payments
Failure of Payment
Substantial Completion
Partial Occupancy or Use
Final Completion and Final Payment

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ARTICLE 10
10.1
10.2
10.3
10.4
10.5
ARTICLE 11
11.1
11.2
11.3
11.4
ARTICLE 12
12.1
12.2
12.3
ARTICLE 13
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
13.9
13.10
ARTICLE 14
14.1
14.2
14.3

PROTECTION OF PERSONS AND PROPERTY
Safety Precautions and Programs
Safety of Persons and Property
Emergencies
Use of Explosives, Driving or Removal of Piles, Wrecking, Excavation Work or
Other Similar and Potentially Dangerous Work
Underground Utilities
INSURANCE REQUIREMENTS
Contractor's Insurance
Additional Named Insured
Builder’s Risk/Property Insurance
General Requirements
UNCOVERING AND CORRECTION OF WORK
Uncovering of Work
Correction of Work
Acceptance of Defective or Non-Conforming Work
MISCELLANEOUS PROVISIONS
Governing Law
Successors and Assigns
Written Notice
Claims for Damages
Performance, Payment, Maintenance and Warranty Bond
Rights and Remedies
Tests and Inspections
Litigation and Work Progress
Equal Employment Opportunity
Commercial Driver’s License Substance Screening
TERMINATION OF THE CONTRACT
Termination by the Contractor
Termination by the Owner for Cause
Suspension by the Owner for Convenience

Remainder of Page Intentionally Left Blank

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ARTICLE 1
GENERAL PROVISIONS
1.1

DEFINITIONS

1.1.1 “Application for Payment” means the Contractor’s request for payment submitted to the Project
Manager according to the process set forth in paragraphs 9.3.1- 9.3.4.
1.1.2
“Bidding Documents” means the Notice to Bidders; Request for Proposals; Invitation to Bid;
Instructions to Bidders; Bid Proposal; Bid Schedule; and Bid Bond, as applicable.
1.1.3
“Certificate for Payment” means the amount approved for payment by the Project Manager
after the receipt of the Contractor’s Application for Payment, as more fully defined in paragraph 9.4.1.
1.1.4
“Change Order” means a written order to the Contractor, signed by the Contractor and the
Owner stating their agreement upon a change in the Work; the amount of the adjustment in the Contract
Sum, if any; or the extent of the adjustment in the Contract Time, if any, as more fully defined in paragraph
7.2.
1.1.5
“Claim” means a demand or assertion by one of the parties seeking, as a matter of right,
adjustment of contract terms, payment of money, extension of time, or other relief with respect to the terms
of the Construction Contract, or other disputes between the Owner and Contractor arising out of or relating
to the Construction Contract.
1.1.6
“Construction Change Directive” means a written order directed to the Contractor and signed
by the Owner, directing a change in the Work and stating a proposed basis for adjustment, if any, in the
Contract Sum or Contract Time, or both, as defined more fully in paragraphs 7.3.1-7.3.9.
1.1.7
“Construction Contract” or “Contract” means the entire and integrated agreement between the
parties hereto, evidenced by the Contract Documents, which supersedes all prior negotiations,
representations, or agreements, either written or oral, subject only to amendment or modification as
permitted by Article 7 and as permitted by the Construction Contract.
1.1.8
“Contract Documents” means the Construction Contract, the Conditions of the Contract
(General, Special, Supplementary and other Conditions, as applicable), the Drawings, the Specifications,
all Addenda issued prior to and all Modifications issued after execution of the Contract, and all other
documents listed in the Contract, including the Bidding Documents, the Notice of Award, Notice to
Proceed; Performance, Payment, Maintenance and Warranty Bond; Certificates of Insurance; and TaxExempt Certificates. Nothing contained in the Contract Documents creates any contractual relationship
between the Owner any subcontractor, sub-subcontractor, or supplier of equipment or materials (except as
provided in paragraph 5.3 hereof).
1.1.9
“Contract Sum” means the amount stated in paragraph 2.01 of the Construction Contract and,
including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for
the performance of the Work under the Contract Documents.
1.1.10
“Contract Time” means the period of time allotted in the Contract Documents for Substantial
Completion of the Work, including authorized adjustments thereto.
1.1.11

“Contractor” means the person or entity identified as such in the Construction Contract or an

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authorized representative thereof.
1.1.12
“Date of Commencement of the Work” is the date established in the Notice to Proceed. If there
is no Notice to Proceed, it shall be the date of the Construction Contract or such other date as may be
established therein.
1.1.13
The “Date of Substantial Completion” is the date certified by the Project Manager in
accordance with paragraph 9.8.
1.1.14
“Day” as used in the Contract Documents shall mean calendar day unless otherwise specifically
designated.
1.1.15
“Drawings” are the graphic and pictorial portions of the Contract Documents, wherever located
and whenever issued, showing the design, location and dimensions of the Work, generally including plans,
elevations, sections, details, schedules, and diagrams.
1.1.16
“Final Completion” means the finding by the Project Manager that the final Certificate for
Payment should be issued based on his knowledge, information and belief that the Work has been completed
in accordance with the terms and conditions of the Contract Documents and that the entire balance found
to be due the Contractor, and noted in said final Certificate for Payment, is due and payable, as more fully
defined in paragraph 9.10.1.
1.1.17
“Modification” means (1) a written amendment to the Construction Contract signed by both
parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written Order for a Minor Change
in the Work approved by the Owner pursuant to paragraph 7.4.
1.1.18
“Notice to Proceed” means the form issued by the City and accepted in writing by the
Contractor that notifies Contractor to begin work on or before a date certain, establishes an end date, and
returns bid security.
1.1.19
“Order for a Minor Change in the Work” means an order for minor changes in the Work issued
by the Project Manager not involving an adjustment to the Contract Sum or extending the Contract Time
as permitted by paragraph 7.4.1.
1.1.20
“Owner” means the person or entity identified as such in the Construction Contract or an
authorized representative thereof. The term “City of Cherry Hills Village” or “City” may be used
interchangeably with the term “Owner”.
1.1.21

“Product Data” shall have the meaning set forth in paragraph 3.12.2.

1.1.22
“Project” means the total construction of which the Work performed under the Construction
Contract Documents may be the whole or a part and which may include construction by the Owner or by
separate contractors.
1.1.23

“Project Manager” means the City representative identified as such in Part 5 of the Contract.

1.1.24
“Project Manual” means the volume usually assembled for the Work which may include the
bidding requirements, sample forms, conditions of the Contract, and Specifications.
1.1.25

“Samples” shall have the meaning set forth in paragraph 3.12.3.

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1.1.26

“Shop Drawings” shall have the meaning set forth in paragraph 3.12.1.

1.1.27
“Specifications” are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards, and workmanship for the Work,
and performance of related services.
1.1.28
“Subcontractor” means a person or entity who has a direct contract with the Contractor to
perform any of the Work at the site or an authorized representative thereof. "Subcontractor" does not
include any separate contractor or his subcontractor.
1.1.29
“Substantial Completion” means the stage in the progress of the Work when the Work (or
designated portion thereof that the Owner agrees to accept separately) is sufficiently complete in accordance
with the Contract Documents so the Owner can occupy or use the Work for its intended use as more fully
explained in paragraph 9.8.
1.1.30
“Sub-subcontractor” means a person or entity who has a direct or indirect contract with a
subcontractor to perform any of the Work at the site or an authorized representative thereof.
1.1.31
“Underground Utilities” means any below ground line, structure, facility or installation used
by a utility or service provider including, but not limited to, telephone company lines, cable and conduit;
cable television lines, cable and conduit; internet lines, cable and conduit; sewer lines and water lines,
including individual sewer and water service lines; stormwater lines; gas lines; electrical lines, cables and
conduit; and traffic signal lines, cable and conduit.
1.1.32
“Work” means the construction, deliverables, and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor, materials, equipment,
and services provided or to be provided by the Contractor to fulfill the Contractor's obligations for the
completed construction required by the Contract Documents. The Work may constitute the whole or a part
of the Project.
1.2

EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor
and shall be maintained by the Project Manager.
1.2.2 By executing the Construction Contract, the Contractor represents that he has visited the site,
familiarized himself with the local conditions under which the Work is to be performed, and correlated his
observations with the requirements of the Contract Documents.
In connection with the foregoing, and having carefully examined all Contract Documents, as
aforesaid, and having visited the site, and having familiarized himself with the site construction
circumstances of the Project, the Contractor acknowledges and declares that it has no knowledge of any
discrepancies, omissions, ambiguities, or conflicts in said Contract Documents and that if it becomes aware
of any such discrepancies, omissions, ambiguities, or conflicts, it will promptly notify Owner and Project
Manager of such fact.
1.2.3 The Contract Documents include all items necessary for the proper execution and completion of
the Work by the Contractor. The Work shall consist of all items specifically included in the Contract
Documents as well as all additional items of work which are reasonably inferable from that which is
specified in order to complete the Work in accordance with the Contract Documents. The Contract
Documents are complementary, and what is required by any one Contract Document shall be as binding as

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if required by all. If there is any conflict or inconsistency between the terms of the Special Conditions and
the General Conditions, the Special Conditions shall control. Any differences between the requirements of
the Drawings and the Specifications or any differences within the Drawings themselves or within the
Specifications themselves have been referred to the Owner by Contractor prior to the submission of bids
and have been clarified by an Addendum issued to all Bidders.
If any such differences or conflicts were not called to the Owner’s attention prior to submission of
bids, the Project Manager shall decide which of the conflicting requirements will govern based upon the
most stringent of the requirements, and subject to the approval of the Owner, the Contractor shall perform
the Work at no additional cost or Contract Time to the Owner in accordance with the Project Manager’s
decision. Work not covered in the Contract Documents will not be required unless it is consistent therewith
and is reasonably inferable therefrom as being necessary to produce the intended results.
1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of
Drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the
extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words and abbreviations which have wellknown technical or trade meanings are used in the Contract Documents in accordance with such recognized
meanings.
1.2.6 In the interest of brevity, the Contract Documents frequently omit modifying words such as “all”
and “any” and articles such as “the” and “an.” The fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
1.2.7 Interpretation of Contract Documents. Masculine includes both the masculine and the feminine;
singular includes the singular and the plural; headings are for reference only and are not substantive.
1.3

OWNERSHIP AND USE OF DOCUMENTS

1.3.1 The Drawings, Specifications, and other similar or related documents and copies thereof are
furnished to the Contractor for the purpose of performing the Work and are, and shall remain, the property
of the Owner. The Contractor may retain one (1) record set. Neither the Contractor nor any subcontractor,
sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,
Specifications and other similar or related documents, and Owner will retain all common law, statutory,
and other reserved rights, in addition to the copyright (including, without limitation, the right to create
derivative works therefrom). All copies of such documents shall be returned to the Owner upon completion
of the Work. The Drawings, Specifications, and other similar or related documents and copies thereof
furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the
Contractor or any subcontractor, sub-subcontractor or material or equipment supplier on other projects or
for additions to this Project outside the scope of the Work without the specific written consent of the Owner.
The Contractor, subcontractors, sub-subcontractors and material or equipment suppliers are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and other
documents appropriate to and solely for use in the execution of their Work under the Contract Documents.
All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings,
Specifications and other documents. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in derogation of any
copyright or other reserved rights.

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ARTICLE 2
OWNER
2.1

INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.1.1 The Owner shall furnish existing surveys describing the physical characteristics, legal limitations
and utility locations, if such utilities are the property of Owner, for the site of the Project, and a legal
description of the site, if necessary. The Contractor shall undertake such further investigations and studies
as may be necessary or useful to determine site characteristics and conditions. In connection with the
foregoing, Contractor shall locate prior to performing any Work, all Underground Utilities. If utility locate
services are provided in the field by utility owners, Contractor nonetheless remains solely responsible to
determine the actual location of all Underground Utilities.
2.1.2 Except for permits and fees which are the responsibility of the Contractor under the Contract
Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges
required for the construction, use or occupancy of permanent structures or for permanent changes in existing
facilities. Such approvals and the like shall be provided by Owner within a time and in a manner as to avoid
any unreasonable delays in the Work or schedule of Contractor and shall include only such approvals for
permanent facilities which are necessary to perform the Work as set forth in the Contract Documents.
2.1.3 Information or services required to be furnished by Owner shall be furnished by the Owner with
reasonable promptness to avoid unreasonable delay in the orderly progress of the Work.
2.1.4 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of
charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work.
2.1.5

The Owner shall forward all instructions to the Contractor through the Project Manager.

2.1.6 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein
and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion,
and Insurance in Articles 6, 9, and 11 respectively.
2.2

OWNER’S RIGHT TO STOP THE WORK

2.2.1 If the Contractor fails to correct defective Work as required by Paragraph 12.2 or fails to carry out
the Work in accordance with the Contract Documents, or fails or refuses to provide a sufficient amount of
properly supervised and coordinated labor, materials, or equipment so as to be able to complete the Work
within the Contract Time, or fails to remove and discharge (within ten (10) days) any lien filed upon
Owner’s property by anyone claiming by, through, or under Contractor, or disregards the instructions of
the Project Manager or Owner when based on the requirements of the Contract Documents, the Owner or
the Project Manager, by a written order, may order the Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however, this right of the Owner and the Project Manager
to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit
of the Contractor or any other person or entity.
2.3

OWNER'S RIGHT TO CARRY OUT THE WORK

2.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven (7) day period after receipt of written notice from the Owner to
commence and continue correction of such default or neglect with diligence and promptness, or fails within

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such seven (7) day period to eliminate (or diligently commence to eliminate) the cause of any stop work
order issued under paragraph 2.2.1 hereof, the Owner may, without prejudice to other remedies the Owner
may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting
from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including
compensation and additional services and expenses made necessary by such default, neglect or failure. If
the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor
shall pay the difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR

3.1.1 In addition to and not in derogation of Contractor’s duties under paragraphs 1.2.2 and 1.2.3 hereof,
Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner
any error, inconsistency or omission discovered. The Contractor shall not be liable to the Owner for any
damage resulting from any such errors, inconsistencies or omissions in the Contract Documents hereof
unless the Contractor recognized or reasonably should have recognized such error, inconsistency or
omission and failed to report it to the Owner. If the Contractor performs any construction activity involving
an error, inconsistency or omissions in the Contract Documents that Contractor recognized or reasonably
should have recognized, without such notice to the Owner, the Contractor shall assume complete
responsibility for such performance and shall bear the full amount of all costs related to correcting such
inconsistent performance. The Contractor shall perform no portion of the Work at any time without
Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such
portion of the Work.
3.1.1.1 If any errors, inconsistencies, or omissions in Contract Documents are recognized or reasonably
should have been recognized by the Contractor, any member of its organization, or any of its subcontractors,
the Contractor shall be responsible for notifying the Owner in writing of such error, inconsistency, or
omission before proceeding with the Work. The Owner will take such notice under advisement and within
a reasonable time commensurate with job progress, render a decision. If Contractor fails to give such notice
and proceeds with such work, it shall correct any such error, inconsistency, or omission at no additional
cost to Owner.
3.1.2 In addition to and not in derogation of Contractor's duties under paragraphs 1.2.2 and 1.2.3 hereof,
the Contractor shall take field measurements and verify field conditions and shall carefully compare such
field measurements and conditions and other information known to the Contractor with the Contract
Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported
to the Project Manager at once.
3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals
approved pursuant to paragraph 3.12.
3.2

SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1 The Contractor shall supervise and direct the Work, using his best skill and attention. The
Contractor shall be solely (subject to the terms and provisions of Article 4 hereof) responsible for and have
control over all construction means, methods, techniques, sequences and procedures and for coordinating

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all portions of the Work under the Contract, unless Contract Documents give other specific instructions
concerning these matters.
The Contractor shall review any specified construction or installation procedure, including those
recommended by manufacturers, and shall advise the Owner if the specified procedure deviates from good
construction practice or if following the procedure will affect any warranties, and may propose any
alternative procedure which the Contractor will warrant.
3.2.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees,
subcontractors and their agents and employees, and other persons performing any of the Work under a
contract or other arrangements with the Contractor. It is understood and agreed that the relationship of
Contractor to Owner shall be that of an independent contractor. Nothing contained herein or inferable
herefrom shall be deemed or construed to (1) make Contractor the agent, servant, or employee of the Owner,
or (2) create any partnership, joint venture, or other association between Owner and Contractor. Any
direction or instruction by Owner in respect of the Work shall relate to the results the Owner desires to
obtain from the Work, and shall in no way affect Contractor's independent contractor status as described
herein.
3.2.3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with
the Contract Documents either by the activities or duties of the Project Manager in his administration of the
Contract, or by inspections, tests or approvals required or performed under Paragraph 13.7 by persons other
than the Contractor.
3.2.4 The Contractor shall be solely responsible for locating all existing underground installations,
including Underground Utilities and their service connections, in advance of excavating or trenching, by
contacting the utility owners thereof and prospecting. Notwithstanding utility locate services that may be
provided in the field by utility owners, Contractor remains ultimately responsible to determine the actual
location of all Underground Utilities, facilities, structure, or installations. The Contractor shall use his own
information and shall not rely upon any information shown or not shown on the plans or on field locates
provided by the utility owner concerning existing Underground Utilities, facilities, structure, or
installations. Any delay, additional work, or extra cost to the Contractor caused by existing Underground
Utilities, facilities, structures or installations shall not constitute a claim for extra work, additional payment,
or damage.
3.2.5 The Contractor has the responsibility to ensure that all equipment and material suppliers and
subcontractors, their agents, and employees adhere to the Contract Documents, and that they order material
and equipment on time, taking into account the current market and delivery conditions and that they provide
equipment and materials on time. The Contractor shall coordinate its Work with that of all others on the
Project, including deliveries, storage, installations, and construction utilities. The Contractor shall be
responsible for the space requirements, locations, and routing of its equipment. In areas and locations where
the proper and most effective space requirements, locations, and routing cannot be made as indicated, the
Contractor shall meet with all others involved, before installation, to plan the most effective and efficient
methods of overall installation.
3.2.6 The Contractor shall establish and maintain bench marks and all other grades, lines, and levels
necessary for the Work, report errors or inconsistencies to the Owner before commencing work, and review
the placement of the structure(s) and permanent facilities on the site with the Owner after all lines are staked
out and before foundation work is started. Contractor shall provide access to the Work for the Owner, the
Project Manager, other persons designated by Owner, and governmental inspectors. Any encroachments,
as revealed by an improvement survey, made by Contractor or its subcontractors (of any tier) on adjacent
properties due to construction, except for encroachments arising from errors or omissions not reasonably

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discoverable by Contractor in the Contract Documents, shall be the sole responsibility of the Contractor
and Contractor shall correct such encroachments within thirty (30) days of the improvement survey (or as
soon thereafter as reasonably possible), at Contractor’s sole expense, either by the removal of the
encroachment (and subsequent reconstruction on the Project site) or agreement with the adjacent property
owner(s) (in form and substance satisfactory to Owner in its sole discretion) allowing the encroachments
to remain.
3.3

LABOR AND MATERIALS

3.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
3.3.1.1 Colorado labor shall be employed to perform the Work to the extent of not less than eighty (80%)
percent of each type or class of labor in several classifications of skilled and common labor employed on
such project or public works. "Colorado labor," as used in this Article, means any person who is a resident
of the State of Colorado, at the time of employment, without discrimination as to race, color, religion, creed,
national origin, sex, age, or handicap.
3.3.1.2 Preference is hereby given to materials, supplies, and provisions produced or manufactured in
Colorado, quality being equal to articles offered by competitors outside the State.
3.3.2 The Contractor shall at all times enforce strict discipline and good order among his employees and
shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.
3.3.3 Materials shall conform to manufacturer's standards in effect at the date of execution of the
Construction Contract and shall be installed in strict accordance with manufacturer's directions. The
Contractor shall, if required by the Owner, furnish satisfactory evidence as to the kind and quality of any
materials. All packaged materials shall be shipped to the site in the original containers clearly labeled, and
delivery slips shall be submitted with bulk materials identifying thereon the source and warranting quality
and compliance with Contract Documents.
3.3.4 When the Contract Documents require the Work, or any part of same, to be above the standards
required by applicable laws, ordinances, rules, regulations, and other statutory provisions pertaining to the
Work, such Work shall be performed and completed by the Contractor in accordance with the Contract
Documents.
3.4

TRAFFIC CONTROL

3.4.1 The Contractor shall be responsible for maintenance, control, and the safeguarding of traffic
affected by the Work as further outlined herein, and as may otherwise be provided in the Contract
Documents.
3.4.2 During construction, the Contractor shall provide for the safety of the workmen and for the safe
and expeditious movement of traffic and pedestrians through the Site by erecting and maintaining all
necessary signs, barricades, or other traffic safety devices. He shall also provide and maintain, in a safe
condition, temporary approaches or crossings at intersections with trails, roads, streets, businesses, parking
lots, residences, garages, and farms unless this requirement is waived by the Owner, through the Project
Manager. The Contractor shall also have a Certified Traffic Control Supervisor (“TCS”) responsible for

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traffic control. The TCS shall be on Site at all times when traffic control is in place or as agreed by the
Owner through the Project Manager.
3.4.2.1 Before commencing with construction, the Contractor shall submit to the Owner (1) the name of
the certified TCS, (2) a detailed traffic control plan for approval, including no parking requirements, and
(3) an access maintenance plan. Details in the plans will include, but not be limited to: hours of Work;
placement of signs and barricades; use of traffic control devices such as cones, barriers, and barricades; use
of traffic control devices such as signal control, temporary striping, maintenance of detours, dust abatement,
and length of lane closure tapers. In general, the traffic control/access maintenance plan(s) shall cover all
the various phases of the Work.
3.4.2.2 The access maintenance plan shall be developed by the Contractor and coordinated with, and based
on the requirement of any affected property owners and tenants. Prior to commencing any Work that affects
access to a property, the access maintenance plan must be signed by the property owner and submitted to
the Owner. The access maintenance plan shall include documentation of this coordination, including
approval of the access maintenance plan by signature of each affected owner and tenant. Should the
Contractor be unable to obtain approval and signatures, documentation of the efforts made to obtain said
approval and signatures must be submitted. The Contractor shall maintain continuous access through the
Project for pedestrians, bicyclists, motorists, and disabled persons. All cost incidentals to the maintenance
of access shall not be paid separately but shall be included in the Contract Sum.
3.4.2.3 The Contractor shall implement and maintain the approved traffic control/access maintenance plan
throughout prosecution of the Work. The Contractor is solely responsible for claims, damages, losses, etc.,
arising or resulting from Contractor's failure to adhere to and maintain the traffic control plan as
approved. It is understood that the traffic control plan's primary purpose is to foster the safe travel of the
public while construction is in progress. It is not intended to specifically address construction traffic on
Site. The Contractor is solely responsible for safety measures on the Site.
3.4.2.4 The Owner, through the Project Manager, may provide Project signs to the Contractor. The
Contractor shall provide and place appropriate supplementary information and erect project signs at
locations to be designated by the Project Manager. These advisory signs, if any, shall be installed at least
seven (7) consecutive days prior to beginning of construction. Any other traffic control signs/devices shall
be installed seventy-two (72) hours prior to starting construction. Cost for additional information and
erection of advisory signs are considered incidental to the Traffic Control bid item and costs for such shall
be included in the Traffic Control bid item, if Traffic Control is a separately stated item in the Form of
Bid. All costs associated with traffic control shall be included in the Contract Sum. Traffic control devices
that are no longer necessary shall be removed from the Site within seventy-two (72) hours.
3.4.2.5 The Contractor will not be permitted to have construction equipment or materials in the lanes open
to traffic at any time unless permitted by Owner. If the Owner, through the Project Manager, waives the
above condition, the Contractor must provide a flag person. The Contractor shall remove and reset all
construction signs prior to construction. Any damaged signs shall be replaced in kind by the Contractor.
3.4.2.6 The Contractor is cautioned that all personal vehicle and construction equipment parking will be
prohibited where it conflicts with safety, access, or the flow of traffic.
3.4.3 The Contractor will furnish signs, barricades and temporary markings that may be necessary. The
barricades shall conform to the Manual of Uniform Traffic Control Devices (“MUTCD”) requirements.
3.4.4 Streets may be closed to through traffic only after the City has approved such closure and all requisite
permits for work in a public way have been obtained. Street closures shall be made in such a manner as to

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provide for maximum public safety and public convenience. They shall be opened to through traffic at such
time as the Work has been completed, or as the City or appropriate governmental agency with jurisdiction over
such roadway may direct.
3.4.5 The City will make all necessary adjustments to traffic signals and traffic signal activators on City
rights-of-way at no cost to the Contractor. The Contractor, as required by Contractor’s construction schedule
and with approval of the Project Manager, will cover or remove existing signs or signals that interfere with, or
conflict with construction signing. Upon completion of the Project, the Contractor will reset all such signs.
3.4.6 Detours shall be the sole responsibility of the Contractor unless otherwise provided in the Contract
Documents. Detours such as side street crossings, temporary bridges over freshly placed concrete, utilization
of one (1) or more lanes of the construction area for maintenance of traffic, and such related facilities for the
maintenance of traffic shall be the responsibility of the Contractor, the costs for which shall be included in the
appropriate unit price or lump sum portion of the Contract Sum, as applicable. Detour plans must be submitted
and approved in writing by the City through the Project Manager as part of the traffic control/access
maintenance plan.
3.4.7 Local traffic shall be provided access to private properties at all times, except during some urgent
stages of construction when it is impracticable to carry on the construction and maintain traffic simultaneously,
such as for the placing of asphalt concrete pavement, deep sewer excavations which prohibit safe travel of
vehicular traffic, or other similar circumstances.
3.4.8 Emergency traffic such as police, fire, and disaster units shall be provided reasonable access at all
times.
3.4.9

The Contractor shall take every precaution to protect pedestrian and vehicular traffic.

3.4.10 Where parking is a hazard to through traffic or to the construction Work, it shall be restricted either
entirely or during the time when it creates a hazard. Signs for this purpose will be initially furnished and placed
by the Contractor. The Contractor shall be responsible for and shall maintain the signs if they are used on any
street that is directly or indirectly involved in the construction Work.
3.4.11 The Contractor shall furnish at his own expense all flagmen who may be needed.
3.5

WARRANTY

3.5.1 The Contractor warrants to the Owner that all materials and equipment furnished under this
Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,
and that all Work will be of good quality, free from faults and defects and in conformance with the Contract
Documents. All Work not conforming to these requirements, including substitutions not properly approved
and authorized, may be considered defective. If required by the Owner, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
3.5.2 Experienced manufacturer's representatives shall be used to supervise the installation of equipment
as may be required by the Owner. Any special tools or equipment which may be required for first class
work shall be provided by the Contractor.
3.5.3 The acceptance at any time of materials or equipment by or on behalf of the Owner shall not be a
bar to future rejection if they are subsequently found to be defective, inferior in quality or uniformity, to
the material or equipment specified, or are not as represented to the Owner.

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3.5.4 In the absence of detailed specifications, all materials shall conform to the latest standards of the
American Society for Testing Materials (ASTM) available at the time notice inviting Contractors to bid is
published unless otherwise indicated.
3.5.5 Any reference to standard specifications in any of the Contract Documents shall always imply the
latest edition of such standard specifications or specifications available at the time notice inviting
contractors to bid is published unless otherwise indicated.
3.5.6 Within one (1) year after the date of final acceptance of the Work or within such longer period of
time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract
Documents, the Contractor shall make all needed repairs arising out of defective workmanship or materials,
or both, which in the judgment of the Owner shall become necessary during such period. If within ten (10)
days after the mailing of a notice in writing to the Contractor or his agent, the Contractor shall neglect to
make, or undertake with due diligence to make the aforesaid repairs, the Owner is hereby authorized to
make such repairs at the Contractor's expense. In case of an emergency, the Contractor will be notified and
shall correct and make repairs within the necessary time constraints. Failure of the Contractor to respond
to the notification shall result in the Owner making the necessary repairs at the Contractor's expense. This
obligation shall survive termination of the Contract.
3.5.7 Should the Owner claim by written communication before the warranty period expires that certain
defects exist and that these require repair or replacement, the warranty period and applicable surety shall
be automatically extended for as long as these defects remain unremedied.
3.6

TAXES

3.6.1 All sales of construction and building materials to contractors and subcontractors for use in the
building, erection, alteration or repair of structures, highways, roads, streets and other public works owned
and used by the Owner are exempt from State and other State-collected sales and use taxes and from Cherry
Hills Village sales and use taxes. However, such materials may be subject to sales and use taxes imposed
by other local taxing authorities.
3.6.2 Prior to City’s issuance of the Notice to Proceed and start of Work, if requested by the City, the
Contractor shall deliver to the Project Manager three (3) copies of the completed and executed "Contractor
Application for Exemption Certificate" with the approval of the Department of Revenue, State of Colorado,
affixed (Department of Revenue Form No. 172). These certificates will serve as an indication to the Owner
that the Contractor has acquired the necessary exemption for State and other State-collected sales taxes.
The Contractor also agrees to make the same requirement, as contained above, of the material suppliers and
subcontractors on this project.
3.6.3 All books and records pertaining to the Project that will allow the accurate determination of any
tax due must be retained and be kept available for inspection by the City for three (3) years after the
completion of the Project.
3.6.4 All applicable taxes are to be paid by Contractor and are to be included in appropriate bid items;
except that, the Contractor shall not be reimbursed for any State or other sales or use taxes incurred as a
result of failure to obtain an exemption certificate prior to City’s issuance of the Notice to Proceed.
3.7

PERMITS, FEES AND NOTICES

3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall obtain any necessary
building permit and applicable inspections and shall secure and pay for all other permits and governmental

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fees, licenses and inspections by other jurisdictions necessary for the proper execution and completion of
the Work which are customarily secured after execution of the Contract and which are legally required.
3.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and
lawful orders of any public authority bearing on the performance of the Work.
3.7.3 It is the responsibility of the Contractor to make certain that the Contract Documents are in
accordance with applicable laws, statutes, building codes and regulations. If the Contractor observes or in
the exercise of due care should observe that any of the Contract Documents are at variance therewith in any
respect, he shall promptly notify the Project Manager in writing, and any suggested changes shall be made
to the Owner. The Contractor shall notify the Project Manager of all conflicts between the Drawings and
Specifications and any laws, ordinances, rules, regulations, or restrictions that come to the Contractor's
attention or should have come to his attention in the exercise of due care.
3.7.4 It is the responsibility of the Contractor to make certain that all his Work is done in accordance
with applicable laws, statutes, building codes and regulations, and the Contractor shall bear any costs related
to his failure to do so.
3.7.5 If the Contractor performs Work, including without limitations, the installation of any materials or
equipment that it knows, or reasonably should know, would be contrary to laws, statutes, ordinances,
building codes, rules, and regulations, the Contractor shall assume full responsibility for such work and
shall bear all costs attributable to the correction thereof or related thereto, including all fines and penalties.
3.8

ALLOWANCES

3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.
Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner
may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable
objection.
3.8.2

3.9
3.9.1

Unless otherwise provided in the Contract Documents:
.1

materials and equipment under an allowance shall be selected promptly by the Owner to
avoid unreasonable delay in the Work;

.2

these allowances shall cover the cost to the Contractor, less any applicable trade discount,
of the materials and equipment required by the allowance delivered at the site, and all
applicable taxes;

.3

the Contractor's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the original allowance shall be
included in the Contract Sum and not in the allowance;

.4

whenever the cost is more than or less than the allowance, the Contract Sum shall be
adjusted accordingly by Change Order, the amount of which will recognize changes, if any,
in handling costs on the site, labor, installation costs, overhead, profit and other expenses.
SUPERINTENDENT

The Contractor shall employ a competent Superintendent and necessary assistants who shall be in

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attendance at the Project site during the progress of the Work. The Superintendent shall represent the
Contractor and all communications given to the Superintendent shall be as binding as if given to the
Contractor. Important communications shall be confirmed in writing. Other communications shall be so
confirmed on written request in each case.
3.9.2 Contractor shall assign a person to be and remain the Superintendent to generally and directly
supervise and coordinate the performance of the Work. The naming of such person is and was a material
inducement to Owner to enter into the Contract. If such person is not the Superintendent or does not remain
the Superintendent for any reason whatsoever, the Owner reserves the right to review and approve or
disapprove said Superintendent's replacement, in Owner's sole discretion. If said replacement is
disapproved, the Contract may, at Owner's option, be terminated for cause.
3.9.3 Owner shall have the right, upon notice, to demand that the Superintendent or other key personnel
retained by Contractor be replaced by Contractor. In the event of such demand, Contractor shall, within
seven (7) days after notification thereof, replace said individual(s) with an individual satisfactory to Owner,
in Owner's sole discretion. If said replacement is disapproved, the Contract, may, at Owner's option, be
terminated for cause.
3.10

CONTRACTOR'S CONSTRUCTION SCHEDULE

3.10.1 A preconstruction conference shall be scheduled at the time the Notice of Award is issued. The
Contractor, at the preconstruction conference, shall prepare and submit for the Owner's review and approval
a Contractor's construction schedule for the Work, in such form and detail as Owner may require and a
traffic control plan as required by paragraph 3.4. The schedule shall not exceed time limits current under
the Contract Documents, shall be revised as required herein and at appropriate intervals as required by the
conditions of the Work and Project, shall be related to the entire Project to the extent required by the
Contract Documents, and shall provide for expeditious and practicable execution of the Work. The
schedule shall indicate the proposed starting and completion dates for the various subdivisions of the Work
as well as the totality of the Work. The schedule shall be updated every thirty (30) days and submitted to
the Project Manager with Contractor's Applications for Payment. Each schedule shall contain a comparison
of actual progress with the estimated progress for such time stated in the original schedule. If any schedule
submitted sets forth a date for Substantial Completion for the Work or any phase of the Work beyond the
date(s) of Substantial Completion established in the Contract (as the same may be extended as provided in
the Contract Documents), then Contractor shall submit to the Owner for its review and approval, a narrative
description of the means and methods which Contractor intends to employ to expedite the progress of the
Work to ensure timely completion of the various phases of the Work as well as the totality of the Work. To
ensure such timely completion, Contractor shall take all necessary action including, without limitation,
increasing the number of personnel and labor on the Project and implementing overtime and double shifts.
In that event, Contractor shall not be entitled to an adjustment in the Contract Sum or the Schedule.
3.10.2 The Contractor shall prepare and keep current, for the Project Manager’s approval, a schedule of
submittals which is coordinated with the Contractor's construction schedule and allows the Project Manager
reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent schedules.
3.11

DOCUMENTS AND SAMPLES AT THE SITE

3.11.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings,
Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to
record all changes and selections (all changes and selections to be approved by the Owner in advance) made

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during construction, and approved Shop Drawings, Product Data and Samples and similar required
submittals. These shall be available to the Project Manager and shall be delivered to him for the Owner
upon completion of the Work.
3.11.2 At the Date of Substantial Completion and as a condition precedent to Final Payment, the
Contractor shall furnish the following documents (unless directed otherwise by Owner) to the Project
Manager for submittal to the Owner: record drawings showing the field changes and selections affecting
the general construction, mechanical, electrical, plumbing, and all other work, and indicating the Work as
actually installed. These shall consist of carefully drawn markings on a set of reproducible prints of the
Drawings. The Contractor shall maintain at the job site one (1) set of Drawings and indicate thereon each
field change as it occurs.
3.11.3 All documents and records required to be prepared or maintained by Contractor for eventual delivery
to the Owner shall be delivered in hard copy and in an electronic/digital format acceptable to the Owner.
3.12

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specifically prepared for the Work
by the Contractor or any subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate
some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Contractor to illustrate a material, product or system for
some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
3.12.4 The Contractor shall review, approve and submit to the Owner, with reasonable promptness and in
such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all
Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
Submittals made by the Contractor that are not required by the Contract Documents may be returned without
action.
3.12.5 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop
Drawings, product data, samples, or similar submittals until the respective submittal has been approved by
the Owner. Such Work shall be in accordance with approved submittals.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals, the
Contractor represents that he has determined and verified all materials, field measurements, and field
construction criteria related thereto, or will do so, and that he has checked and coordinated the information
contained within such submittals with the requirements of the Work and of the Contract Documents.
3.12.7 The Contractor shall not be relieved of responsibility for any deviation from the requirements of
the Contract Documents by the Owner’s or Project Manager’s approval of Shop Drawings, Product Data,
Samples, or similar submittals unless the Contractor has specifically informed the Owner in writing of such
deviation at the time of submission and the Owner has given written approval to the specific deviation. The
Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product
Data, Samples or similar submittals by the Owner’s approval thereof.
3.12.8 The Contractor shall direct specific attention, in writing, on resubmitted Shop Drawings, Product

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Data, Samples, or similar submittals to revisions other than those required by the Owner on previous
submittals.
3.12.9 When professional certification of performance criteria of materials, systems, or equipment is
required of the Contractor by the Contract Documents, the Owner shall be entitled to rely in a reasonable
and professional fashion upon the accuracy and completeness of such calculations and certifications. If any
or all such calculations or certifications are found to be inaccurate or incomplete, Contractor shall assume
full responsibility and bear all costs attributable or related thereto, including, without limitation, the expense
of Owner’s additional services associated with the verification of such calculations or certifications, and
the expense of Owner’s additional services made necessary by the failure of such calculations or
certifications to be accurate or complete.
3.12.10 Contractor shall furnish Owner with copies of all operator's instructions, service and parts manuals,
and all other literature received by Contractor from the manufacturer or supplier of equipment furnished
under the Contract. All operator's instructions, service and parts manuals, and all other such literature shall
be bound in permanent binders satisfactory to the Project Manager.
3.12.11 Copies of any manufacturer's guaranty or certificate as may be required by the Contract Documents
or normally included with the product, shall be submitted to the Owner through the Project Manager prior
to the acceptance of the Work by the Owner.
3.12.12 Throughout the progress of construction, the Contractor shall maintain a careful up-to-date record
of all changes on the plans and drawings during actual construction. Upon completion of Work, and prior
to acceptance by the Owner, the Contractor shall file with the Project Manager one (1) set of complete
drawings with all changes and Contractor's field construction notes neatly and legibly recorded thereon.
Such drawings shall indicate in part the exact routing, if changed from drawing location, of Underground
Utilities, condenser water lines, fuel oil tanks and lines, fire protection lines and any other major buried
utility lines, and routing of conduit runs which are buried or concealed in concrete slabs. Such information
may be used to prepare record drawings for the Owner.
3.12.13 All documents and records required to be prepared or maintained by Contractor for eventual
delivery to the Owner shall be maintained and delivered in hard copy and in an electronic/digital format
acceptable to the Owner.
3.13

USE OF SITE

3.13.1 The Contractor shall confine his construction operations to the immediate vicinity of the location
shown on the plans and shall use due care in placing construction tools, equipment, excavated materials,
materials and equipment for installation and supplies, so as to cause the least possible damage to property
and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the
approval of the Project Manager. If it is necessary or desirable that the Contractor use land outside the
Owner's right-of-way or other appropriate permit or easement(s), the Contractor shall obtain consent from,
and shall execute a written agreement with, the owner of any such land, as well as tenants and/or occupants
of such property if required. The Contractor shall be solely responsible for all associated costs, including
clean-up and restoration. The Contractor shall assume full responsibility for any damage to any such land
or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance
of the Work. Should any claim be made by any such owner, tenant or occupant because of the performance
of the Work, the Contractor shall promptly settle with such other party by negotiation or otherwise resolve
the claim by arbitration or other dispute resolution proceeding or at law. The Contractor shall, to the fullest
extent permitted by law, indemnify and hold harmless the Owner, the Project Manager, and anyone directly
or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of

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or resulting from any claim or action, legal or equitable, brought by any such owner, occupant or tenant
against Owner, the Project Manager, or any other party indemnified hereunder to the extent caused by or
based upon Contractor’s performance of the Work.
3.13.2 The Contractor shall protect, shore, brace, support and maintain all Underground Utilities, drains,
and underground construction uncovered or otherwise affected by the construction work performed by him.
3.14

CUTTING AND PATCHING OF WORK

3.14.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to
complete the Work or to make its several parts fit together properly. It is the intent of the Contract
Documents that all areas requiring cutting and patching shall be restored to a completely finished condition
acceptable to the Owner.
3.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or
any separate contractors by cutting, patching or otherwise altering such work, or by excavation. The
Contractor shall not cut or otherwise alter the Work of the Owner or any separate contractor except with
the prior written consent of the Owner and of such separate contractor. The Contractor shall not
unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise
altering the Work.
3.15

CLEANING UP

3.15.1 The Contractor at all times shall keep the premises and surrounding area free from accumulation
of waste materials or rubbish caused by his operations. At the completion of the Work, he shall remove all
his waste materials and rubbish from and about the Project, as well as all his tools, construction equipment,
machinery and surplus materials. The Contractor shall leave the site clean and ready for use or occupancy
by the Owner at Substantial Completion of the Work. The Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so
and the cost thereof shall be charged to the Contractor.
3.16

COMMUNICATIONS

3.16.1 The Contractor shall forward all communications to the Owner through the Owner's Project
Manager, except as the Owner may otherwise direct in writing.
3.17

ROYALTIES AND PATENTS

3.17.1 The Contractor shall protect, defend, indemnify and save harmless the Owner, and each of Owner’s
officers, agents, servants and employees, including the Project Manager from liability of any nature or kind,
including cost and expense for, or on account of, any patented or unpatented invention, process, article, or
appliance manufactured or used in the performance of the Contract, including its use by the Owner, or the
Owner's officers, agents, servants, or employees, unless otherwise specifically stipulated in the Contract
Documents.
3.17.2 If the Contractor uses any design, device or materials covered by letters patent or copyright, he
shall provide for such use by suitable agreement with the owner of such patented or copyrighted design,
device or material. It is mutually agreed and understood that, without exception, the Contract prices shall
include all royalties or costs arising from the use of such design, device or materials, in any way involved

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in the Work. The Contractor or his Surety shall indemnify and save harmless the Owner from any and all
claims for infringement by reason of the use of such patented or copyrighted design, device or materials or
any trademark or copyright in connection with Work agreed to be performed under the Contract, and shall
indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the Work or after completion of the Work.
3.17.3 The Contractor shall pay all royalty and license fees.
3.18

INDEMNIFICATION

3.18.1 The Contractor agrees to indemnify and hold harmless the Owner, the Project Manager, and their
officers, employees, consultants, agents and insurers, from and against all liability, claims, and demands,
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 Contract, if such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of the Contractor, any Subcontractor of the
Contractor, or any officer, employee, representative, or agent of the Contractor or of any Subcontractor, or
which arise out of any workers' compensation claim of any employee of the Contractor or of any employee
of any Subcontractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for
and defend against, any such liability, claims or demands at the sole expense of the Contractor. The
Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney
fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent.
3.18.2 In any and all claims against the Owner or Project Manager, or any of their respective consultants,
agents, officers, directors or employees by any employee (or the survivor or personal representative of such
employee) of the Contractor, any Subcontractor, any supplier to the Contractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose
acts any of them may be liable, the indemnification obligation under paragraph 3.18.1 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the Contractor, or any such Subcontractor, supplier or other person or organization under workers'
compensation acts, disability benefit acts or other employee benefit acts.
3.18.3 The indemnity set forth in this paragraph 3.18 shall also cover the City’s defense costs, in the event
that the City, in its sole discretion elects to provide its own defense. The City retains the right to disapprove
counsel, if any, selected by Contractor to fulfill the forgoing defense indemnity obligation, which right of
disapproval shall not be unreasonably exercised. Insurance coverage requirements specified herein shall in
no way lessen or limit the liability of the Contractor under the terms of this indemnification obligation. The
Contractor shall obtain at its own expense any additional insurance that it deems necessary for the City’s
protection in the performance of the Construction Contract.
3.18.4 All representations, indemnifications, warranties and guarantees made in, required by or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in this paragraph
3.18, will survive final payment, completion and acceptance of the work and termination or completion of
the Agreement.
3.18.5 RESERVED
3.19

ATTORNEYS FEES

3.19.1 In the event it becomes necessary for either party to bring an action against the other to enforce any

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provision of the Contract Documents, in addition to any other relief that may be granted, the prevailing
party in such action shall be entitled to an award of its reasonable attorney fees as determined by the Court.
3.20

RESERVED

ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1

PROJECT MANAGER

4.1.1 Subject to the limitations set forth in paragraph 5.01 of the Construction Contract, the Project
Manager is empowered to act for Owner during the construction of the Work.
4.1.2 In case of termination of employment of the Project Manager, Owner may at any time employ or
retain any other person it may deem qualified to perform all or any part of the duties of the Project Manager
hereunder or to exercise any of its rights hereunder. Owner shall notify all parties in writing, setting forth
the scope of said replacement of Project Manager’s duties and responsibilities, prior to making this change.
4.2

PROJECT MANAGER’S ADMINISTRATION OF THE CONTRACT

4.2.1 The Project Manager will provide administration of the Contract as described in the Contract
Documents and will be the Owner’s representative during construction and until final payment is due.
The Owner’s instructions to the Contractor shall be forwarded through the Project Manager. The
Project Manager will have authority to act on behalf of the Owner only to the extent provided in the
Contract, unless otherwise modified by written instrument in accordance with other provisions of the
Contract.
4.2.2

RESERVED

4.2.3 The Project Manager will not have control or charge of safety precautions and programs or any
construction means or methods in connection with the Work.
4.2.4 The Project Manager shall at all times have access to the Work wherever it is in preparation and
progress.
4.2.5 Except as otherwise provided in the Contract Documents or when direct communications have been
specially authorized by Owner, the Owner and Contractor shall endeavor to communicate through the
Project Manager, provided, however, that Owner may instruct, correspond, or negotiate with Contractor
directly. Communications by and with subcontractors and suppliers shall be through the Contractor.
Communications by and with separate contractors shall be through the Project Manager.
4.2.6 Based on the progress and quality of the Work, an evaluation of the Contractor’s Applications for
Payment, and all other information available, the Project Manager will determine the amounts owing to the
Contractor and will issue Certificates for Payment in such amounts as provided in paragraph 9.4.
4.2.7 The Project Manager will have the responsibility and authority to reject Work which does not
conform to the Contract Documents. Whenever the Project Manager considers it necessary or advisable to
insure the proper implementation of the intent of the Contract Documents, he will have authority to require

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special inspection or testing of the Work in accordance with Paragraph 13.7 whether or not such Work has
been fabricated, installed or completed.
4.2.8 The Project Manager will promptly review and approve or reject or take other appropriate action
upon Contractor’s submittals such as Shop Drawings, Product Data, and Samples, for conformance with
information given and the design concept expressed in the Contract Documents. Such action shall be taken
with reasonable promptness so as to cause no delay in the Work or in the activities of the Contractor or
separate contractors, while allowing sufficient time in the Project Manager’s reasonable judgment to permit
adequate review. The Project Manager’s review of the Contractor’s submittals shall not relieve the
Contractor of any of Contractor’s obligations under the Contract Documents. The Project Manager’s
approval of a specific item shall not indicate approval of an assembly of which the item is a component.
4.2.9 The Project Manager will prepare Change Orders in accordance with Article 7, and will have
authority to order Minor Changes in the Work as provided in paragraph 7.4.1. All Change Orders,
Construction Change Directives, and Orders for Minor Changes in the Work shall require the approval of
Owner in writing to be binding on Owner.
4.2.10 The Project Manager shall determine the date(s) of Substantial Completion and Final Completion,
shall issue a Certificate of Substantial Completion when and as required by the Contract Documents, will
receive, review, and maintain written warranties and related documents required by the Contract and
assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the
requirements of the Contract Documents.
4.3

CLAIMS AND DISPUTES

4.3.1 Claims must be made by written notice to the Project Manager. The responsibility to substantiate
claims shall rest with the party making the claim.
4.3.2

RESERVED

4.3.3 Time limits on Claims. Claims by either party must be made within twenty-one (21) days after
occurrence of the event giving rise to such claim or within twenty-one (21) days after the claimant first
recognizes, or reasonably should have recognized, the condition giving rise to the claim, whichever is later.
An additional claim made after the initial claim has been implemented by change order will not be
considered unless submitted in a timely manner.
4.3.4 Continuing Contract Performance. Pending final resolution of a claim, including litigation, unless
otherwise directed by Owner in writing, the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract Documents. No
Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as may be
agreed to in writing by the Owner.
4.3.5 Waiver of Claims: Final Payment. The making and acceptance of Final Payment shall constitute a
waiver of claims by the Owner except those arising from:
.1

Liens, claims, security interests, or encumbrances arising out of the Contract and unsettled;

.2

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

.3

Terms of special warranties required by the Contract Documents; or

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.4

Faulty or defective Work appearing after Substantial Completion.

4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are
(1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in
the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially
from those ordinarily found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice by the observing party shall be given to the
other party promptly before conditions are disturbed and in no event later than seven (7) days after first
observance of the conditions. Site conditions which an experienced and prudent contractor could have
anticipated by visiting the site, familiarizing himself with the local conditions under which the Work is to
be performed and correlating his observations with the requirements of the Contract Documents shall not
be considered as claims for concealed or unknown conditions, nor shall the locations of Underground
Utilities which differ from locations provided by the utility companies. If the Owner determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that
no change in the terms of the Contract is justified, the Owner shall so notify the Contractor in writing,
stating the reasons. Claims by the Contractor in opposition to such determination must be made within
twenty-one (21) days after the Owner has given notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be subject to further
proceeding pursuant to paragraph 4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to make claim for an increase in the Contract
Sum, written notice as provided herein shall be given before proceeding to execute the Work. Said notice
shall itemize all claims and shall contain sufficient detail and substantiating data to permit evaluation of
same by Owner. No such claim shall be valid unless so made. Prior notice is not required for claims
relating to an emergency endangering life or property arising under Paragraph 10.3.
If the Contractor believes additional cost is involved for reasons including but not limited to (1) a
written interpretation from the Owner, (2) an order by the Owner to stop the Work where the Contractor
was not at fault, (3) a written Order for a Minor Change in the Work issued by the Project Manager, (4)
failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension, or
(7) other reasonable grounds, claim shall be filed in accordance with the procedure established herein. Any
change in the Contract Sum resulting from such claim shall be authorized by Change Order or Construction
Change Directive. Such claims shall be subject to Paragraph 8.3.
4.3.8 Claims for additional time. If the Contractor wishes to make claim for an increase in the Contract
Time, written notice as provided herein shall be given. The Contractor's claim shall include an estimate of
cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one
claim is necessary. Such claims shall be subject to Paragraph 8.3.
4.3.9 Injury or damage to person or property. Subject to the Parties' obligations and responsibilities
under the Contract Documents in general and Article 11 hereof in particular, if either party to the Contract
suffers injury or damage to person or property because of an act or omission of the other party, of any of
the other party's employees or agents, or of others for whose acts such party is legally liable, written notice
of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time
not exceeding ten (10) days after first observance. The notice shall provide sufficient detail to enable the
other party to investigate the matter. If a claim for additional cost or time related to this claim is to be
asserted, it shall be filed as provided in paragraphs 4.3.7 or 4.3.8.

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4.4

RESOLUTION OF CLAIMS AND DISPUTES

4.4.1 The Project Manager will review all claims by the Contractor and take one (1) or more of the
following preliminary actions within ten (10) days of receipt of a claim: (1) request additional supporting
data from the Contractor, (2) submit a schedule to the Contractor indicating when the Owner expects to
take action, (3) reject the claim in whole or in part, stating reasons for rejection, (4) recommend approval
of the claim by the Owner, or (5) suggest a compromise. The Owner may also, but is not obligated to,
notify the surety, if any, of the nature and amount of the claim.
4.4.2

If a claim has been resolved, the Project Manager will prepare or obtain appropriate documentation.

4.4.3 If a claim has not been resolved, the Contractor shall within ten (10) days after the Project
Manager’s preliminary response, take one (1) or more of the following actions: (1) submit additional
supporting data requested by the Project Manager, (2) modify the initial claim, or (3) notify the Project
Manager that the initial claim stands.
4.4.4 If a claim has not been resolved after consideration of the foregoing and of further evidence
presented by the parties or requested by the Project Manager, the Project Manager will notify the Contractor
in writing that the Project Manager’s decision will be made within ten (10) days, which decision shall be
considered advisory only and not binding in the event of litigation with respect to the claim. Upon
expiration of such time period, the Project Manager will render to the parties the Owner’s written decision
relative to the claim, including any change in the Contract Sum or Contract Time or both. If there is a
surety and there appears to be a possibility of a Contractor’s default, the Owner may, but is not obligated
to, notify the surety and request the surety’s assistance in resolving the controversy.

ARTICLE 5
SUBCONTRACTORS
5.1

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK

5.1.1 Unless otherwise required by the Contract Documents or the Bidding Documents, the Contractor,
as soon as practicable after the award of the Construction Contract, shall furnish to the Project Manager in
writing the names of the persons or entities (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each of the principal portions of the Work. The Project Manager
will promptly reply to the Contractor in writing stating whether or not the Owner has reasonable objection
to any such proposed person or entity.
5.1.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner has
made reasonable and timely objection under the provisions of paragraph 5.2.1. The Contractor shall not be
required to contract with anyone to whom he has a reasonable objection.
5.1.3 If the Owner has reasonable objection to any such proposed person or entity, the Contractor shall
submit a substitute to whom the Owner has no reasonable objection, and the Contract Sum shall be increased
or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall
be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the
Contractor has acted promptly and responsively in submitting names as required by paragraph 5.2.1.

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5.1.4 The Contractor shall make no substitution for any subcontractor, person or entity previously
selected if the Owner makes reasonable objection to such substitution.
5.1.5
5.2

RESERVED
SUB-CONTRACTUAL RELATIONS

5.2.1 By an appropriate written agreement, the Contractor shall require each subcontractor, to the extent
of the Work to be performed by the subcontractor, to be bound to the Contractor by the terms of the Contract
Documents, and to assume toward the Contractor all the obligations and responsibilities which the
Contractor, by the Contract Documents, assumes toward the Owner. Each subcontract agreement shall
preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be
performed by the subcontractor so that the subcontracting thereof will not prejudice such rights, and shall
allow to the subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor
agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these
Documents, has against the Owner. Where appropriate, the Contractor shall require each subcontractor to
enter into similar agreements with his sub-subcontractors. The Contractor shall make available to each
proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to
which the subcontractor will be bound by this paragraph 5.2, and, upon written request of the subcontractor,
identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance
with the Contract Documents. Each subcontractor shall similarly make copies of such documents available
to his sub-subcontractors.
5.3

CONTINGENT ASSIGNMENT OF SUBCONTRACTS

5.3.1 Contractor hereby assigns to Owner (and Owner's assigns) all its interest in any subcontract
agreements and purchase orders now existing or hereinafter entered into by Contractor for performance of
any part of the Work, which assignment will be effective upon acceptance by Owner in writing and only as
to those subcontract agreements and purchase orders that Owner designates in writing. It is agreed and
understood that Owner may accept said assignment at any time during the course of construction prior to
Final Completion. Upon such acceptance by Owner, (1) Contractor shall promptly furnish to Owner true
and correct copies of the designated subcontract agreements and purchase orders, and (2) Owner shall be
required to compensate the designated subcontractors or suppliers only for compensation accruing to such
parties for work done or materials delivered from and after the date on which Owner determines to accept
the subcontract agreements or purchase orders. All sums due and owing by Contractor to the designated
subcontractors or suppliers for Work performed or material supplied prior to Owner's acceptance of the
subcontract agreements or purchase orders shall constitute a debt between such parties and Contractor. It
is further agreed that all subcontract agreements and purchase orders shall provide that they are freely
assignable by Contractor to Owner and Owner's assigns under the terms and conditions stated hereinabove.
It is further agreed and understood that such assignment is part of the consideration to Owner for entering
into the Construction Contract with Contractor and may not be withdrawn prior to Final Completion.
Contractor shall deliver or cause to be delivered to Owner a written acknowledgment in form and substance
satisfactory to Owner from each of its subcontractors and suppliers of the contingent assignment described
herein no later than ten (10) days after the date of execution of each subcontract agreement and purchase
order with such parties.

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ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1

OWNER’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE
CONTRACTS

6.1.1 The Owner reserves the right to perform work related to the Project with his own forces, and to
award separate contracts in connection with other portions of the Project or other work on the site under
these or similar conditions of the Construction Contract. If the Contractor claims that delay or additional
cost is involved because of such action by the Owner, he shall make such claim as provided elsewhere in
the Contract Documents.
6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site,
the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each
separate Construction Contract.
6.1.3 The Owner will provide for the coordination of the work of his own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate
with other separate contractors and the Owner in reviewing their construction schedules when directed to
do so. The Contractor shall make any revisions to its construction schedule as requested by the Owner. If
the Contractor claims additional cost because of any such revisions, the Contractor shall make such claim
as provided elsewhere in the Contract Documents. The construction schedules shall then constitute the
schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.
6.2

MUTUAL RESPONSIBILITY

6.2.1 The Contractor shall afford the Owner and separate contractors access to the site and all areas of
the Work as may be reasonably necessary for the performance of their work, reasonable opportunity for the
introduction and storage of their materials and equipment and for the execution of their work, and shall
connect and coordinate his Work with theirs as required by the Contract Documents.
6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the
Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report
to the Project Manager any apparent discrepancies or defects in such other work that render it unsuitable
for proper execution and results of Contractor's Work or render it incompatible with Contractor's Work.
Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate contractor's
work as fit and proper to receive his Work, except as to defects not then reasonably discoverable.
6.2.3 Subject to Paragraph 8.3 hereof, any costs caused by defective or ill-timed work shall be borne by
the party responsible therefor.
6.2.4 Should the Contractor cause damage to the work or property of the Owner, or to other completed
or partially completed construction or property on the site or to property of any adjoining owner or other
party, the Contractor shall promptly remedy such damage as provided in paragraph 10.2.4.
6.2.5 Should the Contractor cause damage to the work or property of any separate contractor, or in the
event of any other claim, dispute, or matter in question between the Contractor and any separate contractor,
the Contractor shall promptly attempt to settle with such other contractor by agreement, or otherwise to
resolve the dispute. In any event, the Contractor shall indemnify, defend, and hold harmless the Owner, its

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officers, employees, and agents, to the full extent as agreed to under paragraph 3.18.
6.3

OWNER’S RIGHT TO CLEAN UP

6.3.1 If a dispute arises between the Contractor, separate contractors, and the Owner as to their
responsibility under their respective contracts for maintaining the premises and surrounding area free from
waste materials and rubbish as described in paragraph 3.15, the Owner may clean up and allocate the cost
thereof among the contractors responsible therefor.
ARTICLE 7
CHANGES IN THE WORK
7.1

CHANGES

7.1.1 Changes in the Work may be accomplished after execution of the Construction Contract, and
without invalidating the Construction Contract, only by Change Order, Construction Change Directive, or
Order for a Minor Change in the Work, subject to the limitations stated in this Article 7 and elsewhere in
the Contract Documents.
7.1.2 A Change Order shall be based upon agreement between the Owner and the Contractor; a
Construction Change Directive may or may not be agreed to by the Contractor; an Order for a Minor Change
in the Work may be issued by the Project Manager alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,
and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction
Change Directive, or Order for a Minor Change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the
quantities originally contemplated are so changed in a proposed Change Order or Construction Change
Directive that application of such unit prices to the quantities of Work proposed will cause substantial
inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted; provided
however, that Owner may increase the number of units without change in the unit price if reasonable.

7.2
7.2.1

.1

The term “substantial inequity” shall be construed to apply only to the following
circumstances: (1) when the character of the Work as altered differs materially in kind or
nature from that involved or included in the original proposed construction; or (2) when a
major item of work is increased in excess of one hundred and twenty five percent (125%)
or decreased below seventy five percent (75%) of the original contract quantity. A major
item is defined to be any item having an original contract value in excess of ten percent
(10%) of the original contract amount

.2

Any allowance for an increase in quantity shall apply only to that portion in excess of 125%
of original contract item quantity, or in case of a decrease below 75%, to the actual amount
of work performed.
CHANGE ORDERS

A Change Order is a written order to the Contractor, signed by the Contractor and the Owner stating

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their agreement upon all of the following:
.1

a change in the Work;

.2

the amount of the adjustment in the Contract Sum, if any; and

.3

the extent of the adjustment in the Contract Time, if any.

The Contract Sum and the Contract Time may be changed only by Change Order.
7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in
paragraph 7.3.3.
7.3

CONSTRUCTION CHANGE DIRECTIVES

7.3.1 A Construction Change Directive is a written order directed to the Contractor and signed by the
Owner, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract
Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating
the Construction Contract, order changes in the Work within the general scope of the Construction Contract
consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted
accordingly.
7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order.
7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be based on one of the following methods:
.1

by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;

.2

by unit prices stated in the Contract Documents or subsequently agreed upon;

.3

by cost to be determined in a manner agreed upon by the parties and a mutually acceptable
fixed or percentage fee; or

.4

by the method provided in paragraph 7.3.6.

7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise Owner of the Contractor's agreement or disagreement with the
method, if any, provided in the Construction Change Directive for determining the proposed adjustment in
the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the
Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly to the Construction Change Directive or disagrees with
the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the
Owner on the basis of reasonable expenditures and savings of those performing the Work attributable to
the change, including, in case of an increase in the Contract Sum, a percentage fee for overhead and profit

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not to exceed five percent (5%) of such Work's actual cost for Contractor and ten percent (10%) of such
Work's actual cost to be apportioned between any and all subcontractors and sub-subcontractors. For Work
performed by Contractor's own forces, Contractor's mark-up shall be limited to actual cost plus a percentage
fee for overhead and profit not to exceed ten percent (10%). In such case, and also under Clause 7.3.3.3,
the Contractor shall keep and present, in such form as the Project Manager may prescribe, an itemized
accounting of actual costs together with appropriate supporting data. For the purposes of this paragraph
7.3.6, actual costs shall be defined as and limited to the following:
.1

costs of labor, including Social Security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and workers' compensation insurance;

.2

costs of materials, supplies, and equipment, including costs of transportation, whether
incorporated or consumed;

.3

reasonable rental costs of machinery and equipment, exclusive of hand tools, obtained and
used specifically for such Work, whether rented from the Contractor or others; and

.4

costs of premiums for all bonds (if any), permit fees, and sales, use or similar taxes directly
attributable to such Work. Actual cost does not include any item which could be deemed
to be a general conditions cost or overhead, such as but not limited to, the cost of Contractor
and Subcontractor supervisory personnel assigned to the Work, and field office and related
expenses.

7.3.7 Pending final determination of actual cost to the Owner, amounts not in dispute may be included
in applications for payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed
by the Project Manager. When both additions and credits covering related Work or substitutions are
involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for
determining it, the adjustment or the method shall be determined in accordance with Paragraph 8.3 hereof.
7.3.9 When the adjustments in the Contract Sum and Contract Time are determined as provided herein,
such determination shall be effective immediately and shall be recorded by preparation and execution of an
appropriate Change Order.
7.4

MINOR CHANGES IN THE WORK

7.4.1 The Project Manager will have authority to order minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent
of the Contract Documents. Such changes shall be effected by written order, and shall be binding on the
Owner and the Contractor as provided in the Contract Documents. The Contractor shall carry out such
written orders promptly.

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ARTICLE 8
TIME
8.1

DATE OF COMMENCEMENT OF THE WORK

8.1.1 The Date of Commencement of the Work shall not be postponed by the failure to act of the
Contractor or of persons or entities for whom the Contractor is responsible.
8.2

PROGRESS AND COMPLETION

8.2.1 All time limits stated in the Contract Documents are of the essence of the Construction Contract.
By executing the Construction Contract, the Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
8.2.2 The Contractor shall begin the Work on the Date of Commencement of the Work. The Contractor
shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations
on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the
Contractor. The Date of Commencement of the Work shall not be changed by the effective date of such
insurance.
8.2.3 The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3

DELAYS AND EXTENSIONS OF TIME

8.3.1 If the Contractor is delayed, disrupted, or otherwise interfered with at any time, or from time to
time, in the performance of the Work, the rights and obligations of the parties with respect to such delay
shall be as set forth in this subparagraph 8.3. Contractor's exclusive remedy for any delay, disruption, or
interference shall be as set forth in this subparagraph 8.3.
8.3.1.1 Any delay within the control of the Contractor or within the control of any subcontractor, agent or
supplier thereof (including, without limitation, delay within the joint control of the Contractor or one (1) or
more of his subcontractors, agents or suppliers) shall be the sole responsibility of the Contractor, and the
Contractor shall not be entitled to any extension of time or to any increase in the Contract Sum as the result
of any such delay.
8.3.1.2 Upon the occurrence of any delay which will affect the Date of Substantial Completion caused by
fire, flood, unusually severe weather or other act of God, or by court order, unforeseen, concealed, or
differing condition related to the Work or other factors beyond the reasonable control of any party hereto
or his agents, employees or subcontractors, then the period of performance specified herein shall be
extended by Change Order or Construction Change Directive, on a day-for-day basis, but such extension
shall not result in any increase in the Contract Sum, and provided that Contractor complies with
subparagraph 8.3.1.4 below.
8.3.1.3 Upon the occurrence of any delay which will affect the Date of Substantial Completion not
concurrent with delays described under subparagraphs 8.3.1.1 and 8.3.1.2 above, which is proximately
caused by acts or omissions within the control of the Owner, his agents or employees, the period of
performance specified herein shall be extended by Change Order or Construction Change Directive on a
day-for-day basis and the Contractor shall be entitled to reimbursement of actual, proven costs reasonably
and necessarily incurred as a direct consequence of such delay, but not in excess of the amount above the

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Contract Sum for each day of such delay as specified in the Contract Documents.
8.3.1.4 Any claim for an extension of time under subparagraphs 8.3.1.2, and 8.3.1.3 above, and any claim
for additional compensation authorized by subparagraph 8.3.1.3 above, shall be made as follows:
.1

The Contractor shall, within five (5) days after the onset of any delay, notify the Project
Manager in writing of the causes of delay, the facts relating thereto, and the requested time
extension. In the case of a continuing delay, only one (1) claim is necessary. Proof of any
recoverable delay costs shall be submitted within fifteen (15) days after the end of any
period of delay.

.2

The Project Manager shall determine whether the cause for the claim for an extension of
time is beyond the control of the Contractor pursuant to subparagraphs 8.3.1.1, 8.3.1.2, and
8.3.1.3 above. Owner shall either approve or disapprove the extension requested or claim
made.

.3

Should a time extension or delay cost claim be granted by the Owner, a Change Order or
other notice, signed by the Owner, shall be issued to indicate the new date for completion,
or the adjustment to the Contract Sum.

.4

Failure by Contractor to timely provide, in writing, a request for time extension, claim for
delay costs, or proof of such costs, shall constitute a waiver by Contractor of any time
extension or reimbursement of delay costs which Contractor may have otherwise been
granted pursuant to this subparagraph 8.3.

.5

Nothing herein shall prevent Contractor from requesting, and Owner granting, an extension
of time contingent upon payment by Contractor of an agreed amount of liquidated damages
in consideration of the time extension.

8.3.2 Contractor expressly acknowledges and confirms his obligation to minimize the cost impact of any
delay, delay charges being an unproductive expenditure of public funds. Therefore Contractor shall, to the
best of his ability, re-assign personnel and equipment, commence or accelerate unaffected portions of the
Work, and otherwise employ all prudent measures available to minimize delay costs. In no event shall the
Owner be liable for payment of delay costs which could have been avoided or mitigated by any means
reasonably available to the Contractor.
8.4

LIQUIDATED DAMAGES

Time is of the essence of the Contract. In the event that the Contractor fails to achieve Substantial Completion
of the Work within the Contract Time or fails to meet any other time requirement set forth in the Contract, after
due allowance for any time extensions granted by Owner, the Contractor shall be liable to Owner for Liquidated
Damages, and not as a penalty, in the amount set forth in the table below. For each and every calendar day that
Work shall remain incomplete after the Contract Time as adjusted by duly executed Change Order, the sum
per calendar day shown in the following table, unless otherwise specified in the Bid, may be deducted from
monies due to or to become due to the Contractor or Owner may take action to collect such Liquidated Damages
from the Contractor or its Surety. This sum is fixed and agreed upon between the parties because the actual
loss to Owner and to the public caused by delay in completion will be extremely difficult to determine.
All punch list items (required by paragraph 9.8.2) must be completed within thirty (30) days of Substantial
Completion or Liquidated Damages as provided herein will be assessed.

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Permitting the Contractor to continue and finish the Work or any part of it after the Contract Time, or after the
date to which the Contract Time may have been extended, will in no way operate as a waiver on the part of
Owner of any of its rights under the Contract.
LIQUIDATED DAMAGES
Original Contract Amount
From More than $
0
1,000,000
2,000,000
6,000,000
9,000,000

To and Including $
1,000,000
2,000,000
6,000,000
9,000,000
20,000,000

Liquidated Damages per
Calendar Day ($)*
1,400.00
2,500.00
4,500.00
8,000.00
8,800.00

*The per day liquidated damages shall be the amount set forth in this table, or in the Standard Specifications
for Road and Bridge Construction as published by the Colorado Department of Transportation controlling as
of the date on which the Contract is mutually executed by the Contractor and Owner, whichever is higher.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1

CONTRACT SUM

9.1.1 The Contractor will not be allowed any claims for anticipated profits, for loss of profits, or for any
damages or additional costs incurred because of a difference between the estimate of any item and the
amount of the item actually required, or for the elimination of any part of the Work. Funds for construction
of the Work herein contemplated are limited. The Owner reserves the right to eliminate or reduce the items
of the proposal or any of the Work as may be required to bring the cost of the Work within the limits of
available funds.
9.2

SCHEDULE OF VALUES

9.2.1 Before the first Application for Payment, the Contractor shall submit to the Project Manager a
schedule of values allocated to the various portions of the Work, which in the aggregate equals the total
Contract Sum, divided so as to facilitate payments to subcontractors, supported by such evidence of
correctness as the Project Manager may direct. This Schedule, when approved by the Project Manager,
shall be used to monitor the progress of the Work and as a basis for Certificates for Payment.
9.3

APPLICATIONS FOR PAYMENT

9.3.1 In accordance with the permitted frequency of applications for payment established in the
Construction Contract, the Contractor shall submit to the Project Manager an itemized Application for
Payment for operations completed in accordance with the Schedule of Values. Such application shall be
supported by such data substantiating the Contractor's right to payment as the Project Manager may require,
and reflecting retainage, if any, as provided elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have
been properly authorized by Construction Change Directives but not yet included in Change Orders.

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9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend
to pay to a subcontractor or supplier because of a dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments will be made on account of
materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if
approved in advance by the Owner, payments may similarly be made for materials or equipment suitably
stored at some other location agreed upon in writing for subsequent incorporation in the Work. Payments
for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor
of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such
materials or equipment or otherwise protect the Owner's interest, including applicable insurance and
transportation to the site for those materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all work, materials and equipment covered by an Application
for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of
payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to in this Article 9 as "liens"; and that no work, materials or equipment
covered by an Application for Payment will have been acquired by the Contractor, or by any other person
performing work at the site or furnishing materials and equipment for the Project, subject to an agreement
under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed
by the Contractor or such other person.
9.3.4 When Application for Payment includes materials stored off the Project site or stored on the Project
site but not incorporated in the Work, for which no previous payment has been requested, a complete
description of such material shall be attached to the application. Suitable storage which is off the Project
site shall be a bonded warehouse or appropriate storage approved by Owner with the stored materials
properly tagged and identifiable for this Project and properly segregated from other materials. The Owner's
written approval shall be obtained before the use of offsite storage is made. Such approval may be withheld
in Owner's sole discretion.
9.4

CERTIFICATES FOR PAYMENT

9.4.1 The Project Manager will, within ten (10) days after the receipt of the Contractor’s Application for
Payment, either issue a Certificate for Payment to the Contractor, for such amount as the Project Manager
determines is properly due, or notify the Contractor in writing his reasons for withholding a certificate in
whole or in part as provided in paragraph 9.5.1.
9.4.2 No Certificate for Payment shall be issued unless it appears to the Project Manager that the Work
has progressed to the point indicated; that, to the best of the Project Manager’s knowledge, information and
belief, but without in any way waiving any of Owner’s rights or claims under the Contract Documents, the
quality of the Work is in accordance with the Contract Documents and that all certificates required under
the Contract Documents have been furnished in proper form. However, the issuance of a Certificate for
Payment will not be a representation that the Project Manager has made examination to ascertain how or
for what purpose the Contractor has used money previously paid on account of the Contract Sum.

9.5

DECISIONS TO WITHHOLD CERTIFICATION

9.5.1 The Project Manager may decline to certify payment and may withhold his certificate in whole or
in part, to the extent reasonably necessary to protect the Owner, if in his opinion he is unable to make the

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determinations as provided in paragraph 9.4.2. If the Project Manager is unable to make such
determinations as provided in paragraph 9.4.2 and to certify payment in the amount of the application, he
will notify the Contractor as provided in paragraph 9.4.1. If the Contractor and the Project Manager cannot
agree on a revised amount, the Project Manager will promptly issue a Certificate for Payment for the amount
for which he is able to make such determinations. The Project Manager may also decline to certify payment
or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or
any part of any Certificate for Payment previously issued, to such extent as may be necessary in his opinion
to protect the Owner from loss because of:
.1

defective Work not remedied,

.2

third party claims filed or reasonable evidence indicating probable filing of such claims;

.3

failure of the Contractor to make payments properly to subcontractors or for labor,
materials or equipment;

.4

reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;

.5

damage to the Owner or another contractor;

.6

reasonable evidence that the Work will not be completed within the Contract Time, or that
the unpaid balance would not be adequate to cover actual or liquidated damages for the
anticipated delay;

.7

failure to carry out the Work in accordance with the Contract Documents; or

.8

failure to maintain accurate and up-to-date as-built drawings.

9.5.2 When the above grounds are removed, Certificates for Payment shall be made by the Project
Manager for amounts withheld because of them.
9.6

PROGRESS PAYMENTS

9.6.1 After the Project Manager has issued a Certificate for Payment, the Owner shall make payment in
a timely manner not to exceed forty-five (45) days from the time the Project Manager issued the Certificate
for Payment. The Owner may refuse to make payment on any Certificate for Payment for any default of
the Construction Contract, including, but not limited to those defaults set forth in Clauses 9.5.1.1 through
9.5.1.8. The Owner shall not be deemed in default by reason of withholding payment while any of such
defaults remain uncured.
9.6.2 The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner,
out of the amount paid to the Contractor on account of such subcontractor's Work, the amount to which
said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the
Contractor on account of such subcontractor's Work. The Contractor shall, by an appropriate agreement
with each subcontractor, require each subcontractor to make payments to his sub-subcontractors in similar
manner.
9.6.3 The Project Manager may, on request and at his discretion, furnish to any subcontractor, if
practicable, information regarding the percentages of completion or the amounts applied for by the
Contractor and the action taken thereon by the Project Manager on account of Work done by such

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subcontractor.
9.6.4 The Owner shall not have any obligation to pay or to see the payment of any monies to any
subcontractor except as may otherwise be required by law.
9.6.5 Payment to suppliers shall be treated in a manner similar to that provided in paragraphs 9.6.2, 9.6.3,
and 9.6.4.
9.6.6 No certificate for a progress payment, nor any progress payment, nor any partial or entire use or
occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with
the Contract Documents.
9.6.7

RETAINAGE

9.6.7.1 In addition to any amounts withheld from payment pursuant to any other provision in this
Construction Contract, Owner shall retain from progress payments, until payment is due under the terms
and conditions governing final payments, amounts as follows:

9.7

.1

Owner shall retain five percent (5%) of each progress payment to a maximum of five
percent (5%) of the Contract Sum.

.2

In no event shall the amount retained be reduced to less than five percent (5%) of the
Contract Sum until after final acceptance of the Project by the Owner.
FAILURE OF PAYMENT

9.7.1 If the Project Manager does not issue a Certificate for Payment, through no fault of the Contractor,
within ten (10) days after receipt of the Contractor's Application for Payment, or if the Owner does not, for
reasons other than a default of the Construction Contract, including, but not limited to those defaults set
forth in Clauses 9.5.1.1 through 9.5.1.8, pay the Contractor within forty-five (45) days after the date
established in the Contract Documents any amount certified by the Project Manager, then the Contractor
may, upon seven (7) additional days' written notice to the Owner, stop the Work until payment of the amount
owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall
be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which
shall be effected by appropriate Change Order.
9.8

SUBSTANTIAL COMPLETION

9.8.1 The Work will not be considered suitable for Substantial Completion review until all project
systems included in the Work are operational as designed and scheduled, all designated or required
governmental inspections and certifications have been made and posted, designated instruction of Owner's
personnel in the operation of systems has been completed, and all final finishes within the Construction
Contract are in place. In general, the only remaining Work shall be minor in nature, so that the Owner
could occupy the building or utilize the improvements on that date and the completion of the Work by the
Contractor would not materially interfere or hamper the Owner's normal operations. As a further condition
of Substantial Completion acceptance, the Contractor shall certify that all remaining Work will be
completed within thirty (30) consecutive calendar days or as agreed upon by the Owner and Contractor in
writing following the Date of Substantial Completion.
9.8.2 When the Contractor considers that the Work, or a designated portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Project

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Manager a list of items to be completed or corrected. The Contractor shall proceed promptly to complete
and correct items on the list. The failure to include any items on such list does not alter the responsibility
of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the
Contractor’s list, the Project Manager will make an inspection to determine whether the Work or designated
portion thereof is Substantially Complete. If the Project Manager’s inspection discloses any item, whether
or not included on the Contractor’s list, which is not in accordance with the requirements of the Contract
Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct such items upon notification by the Project Manager. The Contractor shall then submit a request
for another inspection by the Project Manager to determine Substantial Completion. When the Work or
designated portion thereof is Substantially Complete, the Project Manager will prepare a Certificate of
Substantial Completion which shall establish the Date of Substantial Completion, shall state the
responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed
therein, which time shall be no longer than thirty (30) days after the scheduled completion date. The
Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written
acceptance of the responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by
the Contractor and certification by the Project Manager, the Owner shall make payment, reflecting
adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.
9.9

PARTIAL OCCUPANCY OR USE

9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any
stage of construction regardless of whether the Contract Time has expired (hereinafter sometimes referred
to as “partial occupancy”). Such partial occupancy may commence whether or not the applicable portion
of the Work is Substantially Complete.
9.9.2 In the event of partial occupancy, the Contractor shall promptly secure endorsement from its
insurance carriers and consent from its sureties, if any.
9.9.3 In the event of partial occupancy before Substantial Completion as provided above, the Contractor
shall cooperate with the Owner in making available for the Owner’s use and benefit such building services
as heating, ventilating, cooling, water, lighting, telephone, elevators, and security for the portion or portions
to be occupied, and if the Work required to furnish such services is not entirely completed at the time the
Owner desires to occupy the aforesaid portion or portions, the Contractor shall make every reasonable effort
to complete such Work or make temporary provisions for such Work as soon as possible so that the
aforementioned building services may be put into operation and use. Similar provisions shall be made
where the improvements or structures are not buildings so that the Owner may use or occupy such portions
of the structure or improvement.
9.9.4 In the event of partial occupancy prior to Substantial Completion, mutually acceptable
arrangements shall be made between the Owner and Contractor in respect of the operation and cost of
necessary security, maintenance and utilities, including heating, ventilating, cooling, water, lighting,
telephone services, and elevators. The Owner shall assume proportionate and reasonable responsibility for
the cost of the above services, reduced by any savings to Contractor for such services realized by reason of
partial occupancy. Further, mutually acceptable arrangements shall be made between the Owner and
Contractor in respect of insurance and damage to the Work. Contractor's acceptance of arrangements
proposed by Owner in respect of such matters shall not be unreasonably withheld, delayed, or conditioned.
Similar provisions shall be made where the improvements or structures are not buildings so that the Owner
may use or occupy such portions of the structure or improvement.

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9.9.5 In each instance, when the Owner elects to exercise its right of partial occupancy as described
herein, Owner will give Contractor advance written notice of its election to take the portion or portions
involved, and immediately prior to partial occupancy, Contractor, and the Project Manager shall jointly
inspect the area to be occupied or portion of the Work to be used to determine and record the conditions of
the same.
9.9.6 It shall be understood, however, that partial occupancy shall not: (1) constitute Final Acceptance
of any Work, (2) relieve the Contractor for responsibility for loss or damage because of or arising out of
defects in, or malfunctioning of, any Work, material, or equipment, nor from any other unfulfilled
obligations or responsibilities under the Contract Documents, or (3) commence any warranty period under
the Contract Documents; provided that Contractor shall not be liable for ordinary wear and tear resulting
from such partial occupancy.
9.9.7 Subject to the terms and conditions provided herein, if the Contractor claims that delay or additional
cost is involved because of partial occupancy by the Owner, Contractor shall make such claim as provided
elsewhere in the Contract Documents.
9.10

FINAL COMPLETION AND FINAL PAYMENT

9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon
receipt of a final Application for Payment, the Project Manager will promptly make such inspection and,
when he finds the Work acceptable under the Contract Documents and the Construction Contract fully
performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge,
information and belief, and on the basis of his observations and inspections, the Work has been completed
in accordance with the terms and conditions of the Contract Documents and that the entire balance found
to be due the Contractor, and noted in said final Certificate, is due and payable. The Project Manager’s
final Certificate for Payment will constitute a further representation that the conditions precedent to the
Contractor's being entitled to final payment as set forth in paragraph 9.10.2 have been fulfilled. Final
Payment is also subject to all City Charter and City Code requirements. Warranties required by the Contract
Documents shall commence on the date that the Project Manager issues a final Certificate of Payment to
the Owner.
9.10.2 Neither the final payment nor the remaining retained percentage shall become due until the
Contractor submits to the Project Manager:
9.10.2.1 Evidence of compliance with all requirements of the Contract Documents: notices, certificates,
affidavits, other requirements to complete obligations under the Contract Documents, including but not
limited to (a) instruction of Owner’s representatives in the operation of mechanical, electrical, plumbing
and other systems, (b) delivery of keys to Owner with keying schedules, sub-master and special keys, (c)
delivery to Owner of Contractor’s general warranty as described in Paragraph 3.5, and each written
warranty and assignment thereof prepared in duplicate, certificates of inspections, and bonds for Project
Manager’s review and delivery to Owner, (d) delivery to Project Manager of printed or typewritten
operating, servicing, maintenance and cleaning instructions for the Work; parts lists and special tools for
mechanical and electrical work;
9.10.2.2 If required by the Owner, (a) an affidavit that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or his property might in any way be
responsible have been paid or otherwise satisfied, (b) consent of surety, if any, to final payment, and (c)
other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers
of liens, claims, security interests or encumbrances arising out of the Construction Contract, to the extent

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and in such form as may be designated by the Owner, and (d) a final waiver of liens in a form satisfactory
to Owner, covering all Work including that of all subcontractors, vendors, labor, materials and services,
executed by an authorized officer and duly notarized;
9.10.2.3 In addition to the foregoing, all other submissions required by other articles and paragraphs of the
specifications including final construction schedule shall be submitted to the Project Manager before
approval of Final Payment;
9.10.2.4 If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor
may furnish a bond satisfactory to the Owner to indemnify the Owner against any such lien. If any such
lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies
that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys'
fees.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through
no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Project
Manager so confirms, the Owner shall, upon application by the Contractor and certification by the Project
Manager, and without terminating the Construction Contract, make payment of the balance due for that
portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed
or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been
furnished, the written consent of the surety to the payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by the Contractor to the Project Manager prior to
certification of such payment. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
9.10.4 The making of final payment shall constitute a waiver of all claims by the Owner except those
arising from:
.1

unsettled liens,

.2

faulty or defective Work appearing after Substantial Completion,

.3

failure of the Work to comply with the requirements of the Contract Documents,

.4

terms of any special warranties required by the Contract Documents, or

.5

replacement of material or equipment which is rejected if found, after the date of final
payment, to be defective, or inferior in quality or uniformity, to the material or equipment
specified, or is not as represented to the Project Manager and Owner.

9.10.5 The acceptance of final payment by the Contractor, a subcontractor, or supplier shall constitute a
waiver of all claims by that payee.
9.10.6 Pursuant to § 24-91-103, C.R.S., if the Contract Sum exceeds One Hundred Fifty Thousand Dollars
($150,000.00), Owner’s final payment to the Contractor shall only be made upon compliance with the
following publication requirement. The Owner shall publish a “notice of final payment” at least twice in an
Arapahoe County newspaper of general circulation prior to making final payment to the Contractor. This
notice of final payment advertises the date, time, and place when final payment will be made and is intended
to alert subcontractors so they can present any claims for unpaid amounts to the Owner. Notwithstanding
anything in the Contract Documents to the contrary, final payment shall not be made to Contractor until the
Owner has complied with § 38-26-107, C.R.S. and all claims, if any, have been resolved to the satisfaction

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of the Owner.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1

SAFETY PRECAUTIONS AND PROGRAMS

10.1.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work.
10.1.2 Unless otherwise provided in the Contract Documents, in the event the Contractor encounters on
the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been
rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition
to the Owner in writing. The Work in the affected area shall not thereafter be resumed except by written
agreement of the Owner and Contractor, if in fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of
asbestos or polychlorinated biphenyl (PCB) or when it has been rendered harmless, upon written direction
of Owner.
10.1.3 Unless otherwise provided in the Contract Documents, the Contractor shall not be required pursuant
to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.2

SAFETY OF PERSONS AND PROPERTY

10.2.1 The Contractor shall take all necessary precautions for the safety of, and shall provide all necessary
protection to prevent damage, injury or loss to:
.1

all persons involved in or affected by the Work;

.2

all the Work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the care, custody or control of the Contractor or any of his
subcontractors or sub-subcontractors; and

.3

other property at the site or adjacent thereto, including but not limited to trees, shrubs,
lawns, walks, pavements, roadways, structures, ditches, fences, gates, private property, and
utilities not designated for removal, relocation or replacement in the course of construction.

.4

The Contractor shall take all measures necessary to mitigate the impact of weather so that
the Project may continue on schedule. In no event shall the Owner be liable for extra costs
incurred on materials and any part of the Work due to the Contractor’s failing to take all
measures necessary to protect the Work from weather and the Contractor shall not be
entitled to such claims. Also, no extension of the Contract Time shall be allowed if the
Contractor is able to proceed with other Work related to the Project.

10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the safety of persons or property for their
protection from damage, injury or loss, including but not limited to the Occupational Safety and Health Act
(OSHA), as applicable.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the
Work, all necessary safeguards for safety and protection, including posting danger signs and other warnings

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against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
10.2.4 The Contractor shall promptly remedy all damage or loss at its sole cost and expense (other than
damage or loss insured under Paragraph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3
caused in whole or in part by the Contractor, any subcontractor, any sub-subcontractor, or anyone directly
or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for
which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable
to the acts or omissions of the Owner or anyone directly or indirectly employed by the Owner, or by anyone
for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Contractor.
Utility locate services provided in the field by the Owner shall not be deemed an act or omission that relieves
Contractor of its responsibility hereunder. The foregoing obligations of the Contractor are in addition to
his obligations under Paragraph 3.5.
10.2.5 The Contractor shall designate a responsible member of his organization at the site whose duty
shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in
writing to the Owner.
10.2.6 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its
safety, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures
that will endanger it.
10.3

EMERGENCIES

10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his
discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time
claimed by the Contractor on account of emergency Work shall be determined as provided in Paragraph
4.3, Paragraph 8.3 and Article 7.
10.4

USE OF EXPLOSIVES, DRIVING OR REMOVAL OF PILES, WRECKING,
EXCAVATION WORK OR OTHER SIMILAR AND POTENTIALLY
DANGEROUS WORK

10.4.1 When the use of explosives, driving or removal of piles, wrecking, excavation work or other
similarly potentially dangerous work is necessary for the prosecution of the Work, the Contractor shall
exercise the utmost care so as not to endanger life or property and shall carry on such activities under the
supervision of properly qualified personnel, such potentially dangerous work shall not be undertaken unless
and until the Project Manager has authorized same.
10.4.2 Detonation of explosives by the Contract shall be by permit authorized by Owner. The following
information must be submitted to the Project Manager or to his or her designee thereof at least thirty (30)
days prior to the detonation of explosives:
.1

A graphic plan showing locations of proposed explosive use and improvements (including
structures, roadways, utilities, etc.) on the property, surrounding land uses, and
improvements on adjacent properties within a distance equal to 1000 feet plus the
maximum distance of vibration as specified in the report described below.

.2

A geotechnical report prepared by Colorado-registered professional engineer describing
the geology of the area and the impacts of explosive use in the area, including wave
attenuation and travel distance and potential impacts on improvements in the area.

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.3
.4

An analysis of alternatives to explosives, including safety, time, and monetary comparisons
of the alternatives.
The Contractor shall ensure that audible signals warning persons of danger will be given
before detonation of explosives.

As a condition of permitting the detonation of explosives as part of the Work, the Developer or Contractor
shall submit to the Project Manager or to his or her designee thereof a certificate of insurance for coverage
of detonation of explosives in the minimum following amounts: $2,000,000 for property damage, each
accident; and $2,000,000 for public liability, bodily injury, single limit or equivalent, each accident. Owner
shall be named as an additional insured on the insurance policy.
10.4.3 The Contractor shall be fully responsible for, and shall save and hold Owner harmless from, any
and all damages, claims, and for the defense of any actions against the Owner resulting from the prosecution
of such Work in connection with or arising out of the Contract Documents.
10.4.4 The Contractor shall notify each public utility company or other owner of property having
structures or improvements in proximity to the site of the Work, of his intent to perform potentially
dangerous work. Such notice shall be given sufficiently in advance to enable the companies or other owners
of property to take such steps as they may deem necessary to protect their property from injury. Such notice
shall not relieve the Contractor of responsibility for any damages, claims, or the defense of any actions
against the Owner resulting from the performance of such Work in connection with or arising out of the
Construction Contract.
10.4.5 All explosives shall be stored in a secure manner and all storage places shall be marked clearly
"EXPLOSIVES - KEEP OFF" and shall be in the care of competent watchmen at all times. The Contractor
shall also be required to obtain any permits which may be required by the South Metro Fire Rescue
Authority or other fire district having jurisdiction.
10.5

UNDERGROUND UTILITIES

10.5.1 Known Underground Utilities and other underground structures are shown on the Drawings only
to the extent such information has been made available to or discovered by the Owner. It is expected that
there may be discrepancies and omissions in the location and quantities of actual Underground Utilities and
other underground structures and those shown. This information is shown for the convenience of the
Contractor, but is not guaranteed to be either correct or complete, and all responsibility for the accuracy
and completeness thereof is expressly disclaimed by Owner. The Contractor shall, ahead of excavation,
confirm the location of all Underground Utilities and other underground structures so that they will not be
accidentally damaged by the construction operation. Contractor shall be responsible for contacting all utility
owners concerning location of all above ground utilities and Underground Utilities before proceeding with
the Work. Notwithstanding utility locate services that may be provided in the field by utility owners,
Contractor shall verify actual location, and Contractor remains solely responsible for any claims or damage
to Underground Utilities or other facilities or structures caused by excavating. Contractor is responsible for,
at no additional cost to the owner, potholing all existing Underground Utilities to be crossed or that may
otherwise affect their means and methods for constructing the Project prior to beginning any construction
on the Project.

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ARTICLE 11
INSURANCE REQUIREMENTS
11.1

CONTRACTOR'S INSURANCE

The Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient
to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant
to the Contract Documents, including but not limited to Paragraphs 3.13, 3.17 and 3.18 hereof, in addition
to any other insurance requirements imposed by the Contract Documents or by law. The Contractor shall
not be relieved of any liability, claims, demands, or other obligations assumed by reason of its failure to
procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, durations or types.
11.1.1 Workers’ Compensation and Employer’s Liability Insurance. The Contractor shall procure and
maintain, at its own expense, valid Workers’ Compensation Insurance and Employer’s Liability Insurance
throughout the entire term of its obligations to the Owner. A copy of the policy or signed certificate of
insurance shall be on file with the Owner at all times. Evidence of qualified self-insurance status may be
substituted for the Workers’ Compensation Insurance requirements of this paragraph.
11.1.1.1 The policy shall be appropriately endorsed to give a minimum of thirty (30) days’ notice of
cancellation or intention of non-renewal to the Owner.
11.1.1.2 Limits of liability for Worker’s Compensation Insurance shall be in conformance with the statutory
requirements of the Workers’ Compensation Laws of the State of Colorado. Limits of Employers Liability
Insurance shall be $1,000,000 per occurrence for bodily injuries, $1,000,000 per employee for bodily injury
by occupational disease, and $1,000,000 policy limit for bodily injuries by disease.
11.1.2 Comprehensive General Liability Insurance. The Contractor shall carry and maintain, at its own
expense, Comprehensive General Liability Insurance throughout the entire term of its obligations to the
Owner. A copy of the policy or a signed certificate of insurance shall be on file with the Owner at all times.
11.1.2.1 The policy shall be appropriately endorsed to give all named parties a minimum of a thirty (30)
day notice of cancellation or intention to non-renew coverage or any material change or restriction of
coverage.
11.1.2.2 Limits of liability shall be a minimum of One Million Dollars ($1,000,000) each occurrence;
Bodily Injury and Property Damage combined, Two Million Dollars ($2,000,000) aggregate.
11.1.2.3 The following coverages shall be included in the policy:
.1

Premises, operations and elevators, including work let or sublet, to cover all claims for
bodily injury (including but not limited to death, disease or sickness) and damage or
destruction or loss of use of any tangible property.

.2

Products and completed operations.

.3

Broad form blanket contractual liability with all exclusions deleted.

.4

Personal injury liability.

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.5

Explosions, collapse, and underground hazards.

.6

Broad form property damage endorsement.

.7

Incidental malpractice.

.8

Independent contractors.

11.1.2.4 The products and completed operations coverage shall be maintained in effect for a period of six
(6) years after the date of final acceptance of the Work.
11.1.3 Comprehensive Automobile Liability Insurance. The Contractor shall carry and maintain, at its
own expense, Comprehensive Automobile Liability Insurance. A copy of a certificate of insurance shall
be on file with the Owner at all times. The policy shall contain a severability of interests’ provision.
11.1.3.1 The policy shall cover all owned or leased vehicles operated by the insured as well as coverage for
all non-owned or hired vehicles used by the insured in the course of his operations.
11.1.3.2 The policy shall be appropriately endorsed to give a minimum of thirty (30) days notice of
cancellation or intent to non-renew to Owner.
11.1.3.3 The limits of liability shall be a minimum of One Million Dollars ($1,000,000) (combined single
limit).
11.1.4 Umbrella/Excess Liability Insurance. The Contractor shall carry and maintain, at its own expense,
an Umbrella (excess) Liability policy throughout the entire term of its obligations to the Owner. A copy of
the policy or a signed certificate of insurance shall be on file with the Owner at all times.
11.1.4.1 Policy shall be in excess of all underlying insurance including employer’s liability, written on a
follow form basis.
11.1.4.2 Policy shall not contain any exclusions for hazards, or contractual hazards.
11.1.4.3 Limits of liability shall be a minimum of Two Million Dollars ($2,000,000).
11.1.5 Owner’s Liability Insurance. The Contractor shall carry and maintain, at its own expense, an
Owner's Liability policy in the name of the Owner.
11.1.5.1 Limits of liability shall be a minimum of Two Million Dollars ($2,000,000) in the aggregate.
11.2

ADDITIONAL NAMED INSURED

11.2.1 The Owner shall be named as an additional insured under the Contractor’s Automobile,
Commercial General, and Umbrella Liability coverages, and the Commercial General Liability additional
insured coverage shall include products and completed operations coverage. The Contractor’s Automobile,
Commercial General, and Umbrella Liability additional insured coverage shall be primary with respect to
claims made by the City.
11.3

BUILDER’S RISK/PROPERTY INSURANCE

11.3.1 The Contractor shall purchase and maintain property insurance upon the entire Work at the site to

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the full insurable value thereof. Such insurance shall be in a company or companies against which the
Owner has no reasonable objection.
This insurance shall include the interests of the Owner, the Contractor, subcontractors and subsubcontractors in the Work as additional insureds, providing that such insurance is primary with respect to
claims made by the additional insureds, and be in the form of "all risk" insurance for physical loss or damage
with all exclusions deleted. If not covered under all risk insurance or otherwise provided in the Contract
Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work
stored off the site or in transit when such portions of the Work are to be included in a Request for Payment
under paragraph 9.3.2.
11.3.1.1 The form of policy for this coverage shall be "Completed Value". The coverage under this policy
shall include contemplated work and work in progress.
11.3.1.2 If by the terms of this insurance any mandatory deductibles are required, or if the Contractor
should elect, with the concurrence of the Owner, to increase the mandatory deductible amounts or purchase
this insurance with voluntary deductible amounts, the Contractor shall be responsible for payment of the
amount of all deductibles in the event of a paid claim. If separate contractors are added as insureds to be
covered by this policy, the separate contractor shall be responsible for payment of appropriate parts of any
deductibles in the event claims are paid on their part of the Project.
11.4

GENERAL REQUIREMENTS

11.4.1 The Contractor shall file two (2) certified copies of all policies with the Project Manager before the
date of commencement of the Work. If the Owner is damaged by the failure of the Contractor to maintain
such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly
attributable thereto. The Owner reserves the right to request and receive a certified copy of any policy at
any time, and any and all endorsements to said policy.
11.4.2 All insurance policies and/or certificates of insurance required under the Contract Documents shall
be issued subject to the following stipulations by the Insurer:
.1

Underwriter shall have no right of recovery or subrogation against the Owner, it being the
intent of the parties that the insurance policy so effected shall protect both parties and be
primary coverage for any and all losses covered by the described insurance.

.2

The clause entitled "Other Insurance Provisions" contained in any policy including the
Owner as an additional insured shall not apply to the Owner.

.3

The insurance companies issuing the policy or policies shall have no recourse against the
Owner for payment of any premiums due or for any assessments under any form of any
policy.

.4

Any and all deductibles contained in any insurance policy shall be assumed by and shall
be the sole liability of the Contractor.

11.4.3 Additional coverages or higher limits of liability may be required by the Owner should the scope
or nature of the work change during the course of the Construction Contract. All liability insurance and
builder’s risk/property insurance policies required by this Article shall specifically provide that all coverage
limits shall be exclusive of costs of defense, including attorneys’ fees.

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11.4.4 The Contractor shall be solely responsible for ensuring that all subcontractors or suppliers obtain
and maintain in force for the term of this Construction Contract insurance policies sufficient to meet the
minimum coverages required under the Contract Documents.
11.4.5 Nothing contained in this Article 11 shall be construed as limiting the extent of the Contractor's
responsibility for payment of damages resulting from his operations under the Construction Contract.
Contractor agrees that he alone shall be completely responsible for procuring and maintaining full insurance
coverage to adequately insure against the risk attendant to the performance of this Construction Contract.
Any approvals of Contractor's insurance coverages by the Owner or the Project Manager shall not operate
to the contrary.
11.4.6 The risk of loss to any property to be provided by Contractor to Owner pursuant to the Contract
Documents shall be upon the Contractor until said property has been finally accepted by Owner.
11.4.7 Nothing in this Article 11 shall be deemed or construed as a waiver of any of the protections to
which Owner may be entitled under the Constitution of the State of Colorado or pursuant to the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended.
11.4.8 The Contractor shall provide the certificates of insurance and all endorsements required under the
Contract Documents before commencing any Work. It shall be an affirmative obligation of Contractor
to provide written notice to the Owner within two (2) days of the cancellation of or substantive change
to any of the policies required herein and failure to do so shall constitute a breach of the Contract.
11.4.9 All insurance required under the Contract Documents shall be obtained from financially responsible
insurance companies with a current Best’s Insurance Guide Rating of A- and Class VII or better, licensed
in the State of Colorado, and approved by the Owner, and shall be maintained until the Contractor's Work
is accepted by the Owner. The Contractor shall provide the certificates of insurance required under the
Contract Documents before commencing any Work. The Owner may, in writing, specifically indicate its
approval or disapproval of each separate policy provided pursuant to the Contract Documents.
11.4.10 All policies under the Contract Documents that are scheduled to expire prior to the time the
Contractor's Work is finally accepted by the Owner shall be renewed prior to the scheduled expiration date
and evidence of such renewal shall be submitted to the Owner for approval.
11.4.11 If any of the policies required under the Contract Documents shall be or at any time become
unsatisfactory to the Owner as to form or substance, or if a company issuing any such policy shall be or at
any time become unsatisfactory to the Owner, Owner shall so advise Contractor who shall promptly obtain
a new policy, submit the same to the City for approval, and thereafter submit a certificate of insurance as
hereinabove provided.
11.4.12 All liability insurance and builder’s risk/property insurance policies required by this Article shall
be occurrence-based policies.

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ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1

UNCOVERING OF WORK

12.1.1 If any portion of the Work should be covered contrary to the request of the Project Manager or
Owner or to requirements specifically expressed in the Contract Documents, it must, if required in writing
by the Project Manager, be uncovered for his observation and shall be replaced at the Contractor's expense
without change in the Contract Time or Contract Sum.
12.1.2 If any other portion of the Work has been covered which the Owner or Project Manager has not
specifically requested to observe prior to being covered, the Project Manager or Owner may request to see
such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract
Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the
Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such
costs unless the condition was caused by the Owner or a separate contractor, in which event the Owner
shall be responsible for the payment of such costs.
12.2

CORRECTION OF WORK

12.2.1 The Contractor shall promptly correct all Work rejected by the Project Manager as incomplete,
defective or as failing to conform to the Contract Documents whether observed before or after Substantial
Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of
correcting such rejected Work, including additional testing and inspections and compensation for any
additional services made necessary thereby.
12.2.2 In addition to the Contractor’s obligations under Paragraph 3.5, if, within one (1) year after the
Date of Substantial Completion of the Work or designated portion thereof or within one (1) year after
acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed
by law or by the terms of any applicable special warranty required by the Contract Documents, any of the
Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended
with respect to portions of Work first performed after Substantial Completion by the period of time between
Substantial Completion and the actual performance of the Work. This obligation shall survive acceptance
of the Work and termination of the Construction Contract. The Owner shall give such notice promptly after
discovery of the condition by the Owner.
12.2.3 The Contractor shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected or accepted by the Owner.
12.2.4 If the Contractor fails to correct defective or nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4.
12.2.5 If the Contractor does not proceed with the correction of such defective or non-conforming Work
within a reasonable time fixed by written notice from the Project Manager, the Owner may remove it and
may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the
cost of such removal and storage within ten (10) days thereafter, the Owner may upon ten (10) additional
days' written notice sell such Work at auction or at private sale and shall account for the net proceeds
thereof, after deducting all the costs that should have been borne by the Contractor, including compensation

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for any additional services made necessary thereby. If such proceeds of sale do not cover all costs which
the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate
Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to
cover such amount, the Contractor shall pay the difference to the Owner.
12.2.6 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the Owner or separate contractors caused, in whole or in part, by the
Contractor's correction or removal of Work which is defective or not in accordance with the requirements
of the Contract Documents.
12.2.7 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with
respect to any other obligation which the Contractor might have under the Contract Documents, including
Paragraph 3.5 hereof, or under law or in equity. The establishment of the time period of one (1) year after
the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the
terms of any warranty required by the Contract Documents relates only to the specific obligation of the
Contractor to correct the Work, and has no relationship to the time within which his obligation to comply
with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may
be commenced to establish the Contractor's liability with respect to his obligations other than specifically
to correct the Work.
12.3

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK

12.3.1. If the Owner prefers to accept defective or nonconforming Work, he may do so instead of requiring
its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract
Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has
been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1

GOVERNING LAW

13.1.1 The Construction Contract shall be governed by the law of the State of Colorado. Those provisions
of law applicable but discretionary because of the Owner’s status as a home-rule municipality shall be
binding at the Owner’s election.
13.2

SUCCESSORS AND ASSIGNS

13.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto and to the partners, successors, assigns and legal representatives of
such other party with respect to all covenants, agreements and obligations contained in the Contract
Documents. Neither party to the Construction Contract shall assign, sublet, or transfer (by operation of law
or otherwise) any interest in the Construction Contract without the prior written consent of the other. The
Contractor shall not assign the whole or any part of the Construction Contract or any monies due or to
become due thereunder without the prior written consent of the Owner and of the surety on the Contractor's
bond. Any assignment without such written consent shall be void. A copy of such consent of surety,
together with a copy of the assignment, shall be filed with the Project Manager. In case the Contractor
assigns all or part of any monies due or to become due under the Construction Contract, the instrument of
assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in
and to any monies due or to become due to the Contractor shall be subject to prior claims and liens of all

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persons, firms and corporations for services rendered; for the payment of all laborers and mechanics for
labor performed; for the payment of all materials and equipment used or furnished and for payment of all
materials and equipment used or rented in the performance of the Work called for in the Construction
Contract; and for the payment of any liens, claims, or amounts due the Federal, State or local governments
or any of their funds. This restriction on assignment includes, without limitation, assignment of the
Contractor's right to payment to its surety or lender.

13.3

WRITTEN NOTICE

13.3.1 All notices to be given hereunder shall be in writing, and may be given, served, or made by
depositing the same in the United States mail addressed to the party to be notified, postpaid and registered
or certified with return receipt requested, or by delivering the same in person. Notice deposited in the mail
in accordance with the provisions hereof shall be effective unless otherwise stated in the Construction
Contract from and after the fourth day next following the date deposited in the mail, or when actually
received, whichever is earlier. Notice given in any other manner shall be effective only if and when received
by the party to be notified. All notices to be given shall be sent to or made at the last business address
known to the party giving notice.
13.4

CLAIMS FOR DAMAGES

13.4.1 Should either party to the Construction Contract suffer injury or damage to person or property
because of any act or omission of the other party or of any of his employees, agents or others for whose
acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after
the first observance of such injury or damage. All claims by Contractor against Owner that are within the
scope of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., shall be subject to, and
brought in accordance with, the provisions of said Act.
13.5

PERFORMANCE, PAYMENT, MAINTENANCE AND WARRANTY BOND

13.5.1 The Contractor will be required, simultaneously with the execution of the Construction Contract,
to furnish a Performance, Payment, Maintenance and Warranty Bond, in an amount equal to one hundred
percent (100%) of the Contract Sum. Said bond shall be issued by a responsible surety approved by the
Owner and shall guarantee the faithful performance of the Construction Contract and the terms and
conditions herein contained and the maintenance of the proposed improvements in good repair according
to the terms contained in the Construction Contract. Accompanying the bond form shall be a "Power of
Attorney" authorizing the attorney in fact to bind the surety company and certified to include the date of
the bond. Such bond shall be on a form provided by the Owner.
13.5.2 The Contractor shall deliver said bond to the Project Manager no later than the date of execution
of the Construction Contract. If the Contractor fails or neglects to deliver the bond, as specified, he shall
be considered to have abandoned the Construction Contract and his bid security will be forfeited.
13.6

RIGHTS AND REMEDIES

13.6.1 The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. Such rights and remedies shall survive the acceptance of
the Work or any termination of the Contract Documents.

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13.6.2 No action or failure to act by the Owner, Project Manager or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Construction Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
13.6.3 In all actions by the Owner to enforce its rights and remedies hereunder, whether at law or equity,
the Owner, in addition to all other remedies, shall be entitled to recovery of its reasonable attorneys fees
and costs.
13.6.4 The Contractor agrees that the economic loss rule as set forth in the Town of Alma v. Azco
Construction, Inc., 10 P.3d 1256 (Colo. 2000), shall not serve as a limitation on the Owner's right to pursue
tort remedies in addition to other remedies it may have against the Contractor. Such rights and remedies
shall survive the acceptance of the Work or any termination of the Contract Documents. Contractor further
specifically waives all the provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statues,
regarding defects in the Work under the Construction Contract.
13.7

TESTS AND INSPECTIONS

13.7.1 Tests, inspections, and approvals of portions of the Work required by the Contract Documents or
by laws, ordinances, rules, regulations, or orders of public authorities having jurisdiction shall be made at
an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with
the appropriate public authority. The Contractor shall give the Project Manager and the Owner timely
notice of its readiness so the Project Manager and the Owner may observe such inspection, testing or
approval. The Contractor shall bear all costs of such inspections, tests or approvals.
13.7.2 If the Project Manager or public authority having jurisdiction determines that any Work requires
additional or special inspection, testing, or approval which paragraph 13.7.1 does not include, the Project
Manager may instruct the Contractor to order such additional or special inspection, testing or approval, and
the Contractor shall give notice as provided in paragraph 13.7.1. If such additional or special inspection or
testing reveals a failure of the Work to comply with the requirements of the Contract Documents, or if the
necessity of any such testing, inspection, or approval procedures arises out of the fault, neglect, or omission
of Contractor, the Contractor shall bear all costs of such testing, inspection, and approval procedures,
including compensation for any additional services made necessary by such failure; otherwise the Owner
shall bear such costs, and an appropriate Change Order shall be issued.
13.7.3 Required certificates of inspection, testing or approval, unless otherwise required by Contract
Documents, shall be secured by the Contractor and promptly delivered by him to the Project Manager.
13.7.4 If the Project Manager is to observe the inspections, tests or approvals required by the Contract
Documents, he will do so promptly and, where practicable, at the normal place of testing.
13.7.5 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to
avoid delay in the Work.
13.8

LITIGATION AND WORK PROGRESS

13.8.1 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress
during any litigation proceedings, and the Owner shall continue to make payments to the Contractor in
accordance with the Contract Documents.

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13.9

EQUAL EMPLOYMENT OPPORTUNITY

13.9.1 In connection with the execution of this Construction Contract, the Contractor shall not
discriminate against any employee or applicant for employment because of race, religion, color, age, sex,
handicap, or national origin, if otherwise qualified. Such actions shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation; and selection for training including
apprenticeship.
13.10

COMMERCIAL DRIVER’S LICENSE SUBSTANCE SCREENING

13.10.1 The Contractor shall provide written assurance to the City that each driver that provides services
requiring a commercial driver’s license pursuant to this Construction Contract participates in an alcohol
and controlled substances testing program that meets the requirements of the Federal Motor Carrier Safety
Regulations found at 49 C.F.R. Part 382.
ARTICLE 14
TERMINATION OF THE CONTRACT
14.1

TERMINATION BY THE CONTRACTOR

14.1.1 The Contractor may terminate the Construction Contract if the Work is stopped for a continuous
period of sixty (60) days through no act or fault of the Contractor or a subcontractor, sub-subcontractor, or
their agents or employees, or any other persons performing portions of the Work under contract with the
Contractor, for any of the following reasons:
.1

issuance of an order of a court or other public authority having jurisdiction;

.2

an act of government, such as a declaration of national emergency, making material
unavailable;

.3

because the Project Manager has not issued a Certificate for Payment and has not notified
the Contractor of the reason for withholding certification as provided in paragraph 9.4.1,
or because the Owner has not made payment on a Certificate for Payment (without cause)
within the time stated in the Contract Documents; or

.4

if repeated suspensions, delays, or interruptions by the Owner as described in paragraph
14.3 constitute in the aggregate more than one hundred percent (100%) of the total number
of days scheduled for completion, or one hundred twenty (120) days in any three hundred
sixty-five (365) day period, whichever is less.

14.1.2 If one of the above reasons exists, the Contractor may, upon fourteen (14) days' advance written
notice to the Owner, terminate the Construction Contract, unless this reason is cured prior to the expiration
of the notice period. Contractor may recover from the Owner payment for Work properly executed in
accordance with Contract Documents (the basis for such payment shall be as provided in the Construction
Contract) and payment for costs directly related to work thereafter performed by Contractor in terminating
such work, including reasonable demobilization and cancellation charges. The Owner shall not be
responsible for damages for loss of anticipated profits on work not performed on account of any termination
described in paragraphs 14.1.1 and 14.1.2.

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14.2

TERMINATION BY THE OWNER FOR CAUSE

14.2.1 The Owner may terminate the Construction Contract if the Contractor:
.1
.2
.3
.4
.5

.6

refuses or fails to supply, in a timely manner, enough properly skilled workers or proper
materials or equipment;
fails to make payment to subcontractors or suppliers for materials, equipment, or labor in
accordance with the respective agreements between the Contractor and the subcontractors
or suppliers;
disregards laws, ordinances, rules, regulations, or orders of the City or other governmental
entity having jurisdiction;
disregards the instructions of Owner when such instructions are based on the requirements
of the Contract Documents;
is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of
Contractor's creditors, or a trustee or receiver is appointed for Contractor or for any of its
property, or files a petition to take advantage of any debtor's act, or to reorganize under
bankruptcy or similar law; or
otherwise does not fully comply with the Contract Documents.

14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and Contractor's surety, if any, seven (7) days' written
notice, (except in cases of emergency as reasonably determined by Owner), terminate the services of the
Contractor and may:
.1

take possession of the site and project and of all materials, equipment, tools, and
construction equipment and machinery thereon owned, rented, or leased by the Contractor;
and

.2

finish the Work by whatever method the Owner may deem expedient.

14.2.3 When the Owner terminates the Construction Contract for one (1) of the reasons stated in paragraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.4 To the extent the costs of completing the Work, including compensation for additional professional
services and expenses, exceed those costs which would have been payable to Contractor to complete the
Work except for Contractor's default, Contractor will pay the difference to Owner, and this obligation for
payment shall survive termination of the Construction Contract.
14.2.5 In addition to Owner's right to remove Contractor from any part of the Work pursuant to the
Contract Documents, Owner may, at any time, at will and without cause, terminate any part of the Work or
any subcontract or all remaining Work for any reason whatsoever by giving written notice to Contractor
specifying the part of the Work or subcontract to be terminated and the effective date of termination.
Contractor shall continue to prosecute the part of the Work not terminated, if any. For the remainder of the
Work, the Contract Documents shall remain in full force and effect.
14.2.6 In the event of termination pursuant to paragraph 14.2.5, Owner shall pay as the sole amount due
to Contractor in connection with the Construction Contract, (i) sums due for Work properly executed in
accordance with Contact Documents to date, including allowable profit and overhead (except retainage
sums shall not be paid prior to one hundred twenty (120) days following the date of termination); (ii)

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reasonable cost of demobilization and cancellation charges; and as additional and special consideration for
this provision; (iii) a profit for underperformed work equal to one-half percent (0.5%) of the cost of the
Work actually performed to date.
14.2.7 Upon a determination by a court of competent jurisdiction that the termination of Contractor
pursuant to paragraph 14.2.1 was wrongful, such termination will be deemed converted to a termination for
convenience pursuant to paragraph 14.2.5 and Contractor's remedy for wrongful termination shall be
limited to the recovery of the payments permitted for termination for convenience as set forth in paragraph
14.2.6.
14.3
SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1 In addition to Owner's right to suspend, delay, or interrupt Contractor from any part of the Work
pursuant to the Contract Documents, Owner may, at any time, at will and without cause, suspend, delay, or
interrupt any part of the Work or any subcontract or all Work for any reason whatsoever for such period of
time as the Owner may determine by giving written notice to Contractor specifying the part of the Work or
subcontract to be suspended, delayed, or interrupted and the effective date of such suspension, delay, or
interruption. Contractor shall continue to prosecute the part of the Work not suspended, delayed, or
interrupted and shall properly protect and secure the part of the Work so suspended, delayed, or interrupted.
If any part of the Work or subcontract is so suspended, delayed, or interrupted, Contractor shall be entitled
to payment of reasonable standby fees (or at Owner's option, payment for demobilization and subsequent
remobilization) and of costs directly associated with protecting and securing the affected Work. No
payment shall be made by Owner, however, to the extent that such Work or subcontract is, was, or could
have been suspended, delayed, or interrupted under the Contract Documents or an equitable adjustment is
made or denied under another provision of the Construction Contract. In case of such suspension, delay,
or interruption, Owner will issue a Construction Change Directive or authorize a Change Order making any
required adjustment to the Date of Substantial Completion or the Contract Sum. For the remainder of the
Work, the Contract Documents shall remain in full force and effect.
14.3.2 The rights and remedies of Owner under this Paragraph 14.3 shall be non-exclusive, and shall be
in addition to all the other remedies available to Owner at law or in

Remainder of Page Intentionally Left Blank

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EXHIBIT C: SPECIAL CONDITIONS TO THE CONSTRUCTION CONTRACT
Special Conditions -

City of Cherry Hills Village Project No. 2026-001
2026 Hot-In-Place (HIP) Asphalt Recycling

Pursuant to Section 1.2.3 of the General Conditions, if there is any conflict or inconsistency
between the terms of these Special Conditions and the General Conditions, these Special
Conditions shall control.
I.

2026 Project Schedule
All Work must be completed while schools located within Cherry Hills Village are not in
session for the 2026 Summer Break.
School
Kent Denver
Cherry Creek School District

II.

2026 Last Day (Summer)
6/1/26
5/23/26

2026 First Day (Fall)
8/3/26
8/3/26

Application for Payment Upon Substantial Completion
Any reference to multiple “Applications for Payment” or “Certificates for Payment” in Article 9
of the General Conditions is hereby amended to refer to a single “Application for Payment” or
“Certificate for Payment.”
For the purposes of this Contract, Applications for Payment shall be processed in accordance
with Article 9.3.1. of the General Conditions, as specifically modified by these Special
Conditions. Any references in the Contract Documents to Article 9.3.1 of the General Conditions
shall be governed by the modifications set forth in these Special Conditions. (The remainder of
Section 9.3 of the General Conditions remains applicable to the Contract.)
9.3.1. Application for Payment. The Contractor shall submit to the City a single
Application for Payment at the time of Substantial Completion. Once the City has issued
a Certificate of Substantial Completion, the Contractor may submit a bill for the total
value of the Work minus a five percent (5%) retainage. The City shall only pay the
Contractor for actual Work completed based on the unit price of all bid items outlined on
the Form of Bid submitted by the Contractor. The Project Manager shall, within ten (10)
days after the receipt of the Contractor’s Application for Payment, either issue a
Certificate for Payment to the Contractor for such amount as the Project Manager
determines is properly due, or notify the Contractor in writing the Project Manager’s
reasons for withholding a Certificate for Payment in whole or in part as provided in
Section 9.5.1 of the General Conditions.
If Substantial Completion does not occur within thirty (30) calendar days of the Date of
the Commencement of the Work, the City shall authorize partial payments of the amounts
due under the Contract at the end of each calendar month, or as soon thereafter as
practicable, to the Contractor, if the Contractor is satisfactorily performing the Work, in
accordance with C.R.S. § 24-91-103(1)(a).
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III.

Punchlist Completion
The Contractor must complete all Work outlined on the punch list provided by the Project
Manager within ten (10) working days of the issuance of the Certificate of Substantial
Completion (not including weekends, holidays, or inclement weather). See Certificate of
Substantial Completion, provided in Exhibit E to the IFB. In the event of any conflict between
the terms of these Special Conditions and the terms of Section 8.4 (Liquidated Damages) and
Section 9.8 (Substantial Completion) of the General Conditions, these Special Conditions shall
control.

IV.

Starting and Stopping of Work
Once the Contractor has initiated the Work, the Contractor must work continuously and
consecutively to complete the Work, regardless of the maximum time allowed by the Contract.
The Contractor may not start and stop working or mobilize, de-mobilize, and re-mobilize as a
convenience, or for other work outside of the City. Any delays in the Work due to weather must
be approved by the City in writing. In the event of any conflict between the terms of these
Special Conditions and the terms of Article 8 of the General Conditions, these Special
Conditions shall control.

V.

Sanitary Facilities
The Contractor must install a portable/movable restroom onsite prior to any initiating any Work.

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EXHIBIT D:

FORM OF PERFORMANCE, PAYMENT, MAINTENANCE AND WARRANTY
BOND (to be completed upon award)

PERFORMANCE, PAYMENT, MAINTENANCE AND WARRANTY BOND
KNOW ALL MEN BY THESE PRESENTS, that ___________________________________, as
Principal, herein called Contractor, and ___________________________________, as surety, herein
called Surety, are hereby held and firmly bound to the City of Cherry Hills Village, Colorado, as Obligee,
herein called Owner or City, in the sum of ______________________________ Dollars
($_____________), for the payment of which the Contractor and Surety bind themselves as well as their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor and Owner have entered into a written construction contract dated the ___ day of
_____
20__
(the
“Contract”),
for
the
construction
and
completion
of
___________________________________________ ________________ (City of Cherry hills Village
Project No. ____), which Contract is by reference made a part hereof.
WHEREAS, Contractor and Surety are jointly and severally liable under the provisions of this bond and
action against either or both may proceed without prior action against the other, and both may be joined in
one action.
NOW, THEREFORE, the conditions of this obligation are as follows:
FIRST. The Contractor shall: (1) faithfully perform all requirements and obligations of the
Contract, specifically including all extended warranty or guarantee provisions, and other applicable law,
and satisfy all claims and demands incurred for the same; (ii) fully indemnify and hold harmless the City
from all costs and damages which the City may incur in making good any default of the Contractor under
the Contract.
SECOND. The Contractor shall protect, defend, indemnify and save harmless the City and its
officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage
of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the
defense of such suits, actions, claims losses, damages or liability on account of injury, disease, sickness,
including death, to any person, or damage to property, including, in part, the loss of use, resulting therefrom,
based upon or allegedly based upon any act, omission or occurrence of the Contractor, or its employees,
servants, agents, subcontractors or suppliers, or anyone else under the Contractor’s direction and control
(regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring
in connection with, resulting from, or caused by the performance or failure of performance of any work or
services called for by the Contract (the “Work”), or from conditions created by the performance or nonperformance of the Work.
Whenever Contractor shall be, and is declared by Owner to be in default under the Contract, the Owner
having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall
promptly:
1.

Complete the Contract in accordance with its terms and conditions; or

2.

Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or if the
City elects, upon determination by the City and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and the City, and make available as

- 89 -

work progresses (even though there should be a default or a default or a succession of
defaults under the Contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract price; but not
exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph of this bond. The term “balance of
the Contract price,” as used in this paragraph, shall mean the total amount payable by the
City to Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to Contractor; or
3.

Complete or cause to be completed any repairs or other work required to be completed
under the applicable two (2) year warranty period.

THIRD. The Contractor shall pay all persons, firms and corporations, all just claims due them for
the payment of all laborers and mechanics for labor performed, for all materials and equipment used or
rented in the performance of the Work described in the Contract subject, however, to the following
conditions.
1.

A claimant is defined as one having a direct Contract with the Contractor, or with a
Subcontractor of the Contractor for labor material or both, used or reasonably required for
use in performance of the Contract, labor and material being construed to include that part
of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.

2.

The above named Contractor and Surety hereby jointly and severally agree with the City
that every claimant as herein defined, who has not been paid in full before the expiration
of a period of ninety (90) days after the date on which the last of such claimant’s Work or
labor was done or performed, or materials were furnished by such claimant, may sue on
this bond for the use of such claimant, prosecute the suit to final judgment for such sum or
sums as may be due the claimant, and have execution thereon. The City shall not be liable
for the payment of any costs or expenses of any such suit.

3.

No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct Contract with the Contractor, shall have
given written notice to any two of the following: the Contractor, the City, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of
the Work or labor, or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the party to
whom the Work or labor was done or performed. Such notice shall be served by
mailing same by registered mail or certified, postage prepaid, in an envelope addressed
to the Contractor, City, or Surety, at any place where an office is regularly maintained
for the transaction of business, or served in any manner in which legal process may be
served in the state in which the aforesaid Project is located, save that such service need
not be made by a public officer.
b. After expiration of six (6) months following the date on which Contractor ceased Work
on said Contract, it being understood, however, that if any limitation embodied in this
bond is prohibited by any law controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.

- 90 -

c. Unless claimant brings such action in a state court of competent jurisdiction in and for
Arapahoe County, Colorado, or such other county in which the Work (as described in
the Contract) is to be completed, and not elsewhere.
FOURTH. The Contractor and Surety shall guarantee and warrant that all Work shall remain in
good order and repair for a period of one (1) year from date of final acceptance from all causes arising
from defective workmanship and materials, and shall make all repairs arising from said causes during such
period without further compensation, and shall further guarantee that all areas within the public rights-ofway affected by the Work shall remain in good order and repair without further compensation from the City
for a period of one (1) year from and after final acceptance of the Work by the City. The determination of
the necessity for the repair or replacement of any Work or areas within public rights-of-way shall rest
entirely with the City, and the City’s decision upon the matter shall be final and obligatory upon the
Contractor, subject to judicial review pursuant to applicable law.
The Surety hereby waives the right to special notification of any alterations, omissions or reductions, extra
or additional work, extensions of time, Change Orders, Field Orders, or any other act or acts of the City or
its authorized agents under the terms of the Contract; and failure to notify Surety of such shall in no way
relieve Surety of its obligations under this bond.
Further, the Surety shall pay to the City all costs and attorney fees necessary to enforce the provisions of
the bond provisions contained herein.
Unless prohibited by law, an action on this bond may be brought by the City or any person entitled to the
benefits of this bond at any time within three (3) years from the date on which final payment under the
Contract falls due.
Upon full compliance with all the obligations of the Contract, the City shall release this bond, in writing.
This bond shall remain in effect until released by the City or the City consents in writing to acceptance of
a substitute bond.
SIGNED AND SEALED THIS _____ day of _______________, 20_____.
PRINCIPAL (CONTRACTOR)

SURETY

___________________________________
(Name of Company)

___________________________________
(Name of Company)

By: ________________________________

By: ________________________________

Address:

Address:

___________________________________

___________________________________

____________________________________

___________________________________

NOTE: Surety companies executing bonds must be authorized to transact business in the State of
Colorado and be acceptable to the City of Cherry Hills Village.
(Accompany this bond with Attorney-in-Fact’s authority from the Surety to execute the bond, certified to
include the date of the bond.)

- 91 -

EXHIBIT D:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

CONTRACT FORMS

NOTICE OF AWARD
NOTICE TO PROCEED
SHOP DRAWING TRANSMITTAL FORM
FORM OF CHANGE ORDER
APPLICATION FOR PAYMENT
FORM OF PARTIAL WAIVER OF LIEN
FORM OF FINAL WAIVER OF LIEN
CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF FINAL COMPLETION
CERTIFICATE OF PARTIAL ACCEPTANCE

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CITY OF
CHERRY HILLS VILLAGE
City Project No.: 2026-001

NOTICE OF AWARD
Project Name: 2026-001 Hot-In-Place (HIP) Asphalt Overlay

CITY OF
CHERRY
HILLS
VILLAGE

Date: , 2026

To (Contractor):

Description of Work: HIP Asphalt Paving of E. Quincy Avenue to S. Clarkson Street (east and west bound lanes).

Will include all street striping, Thermoplastic and traffic control

The City of Cherry Hills Village, Colorado (“City”) has considered the Bid submitted by you for the abovedescribed Work in response to its Invitation for Bids dated January 8, 2026.
You are hereby notified that your Bid has been accepted for items in the amount of ($). (“Contract Sum”)
You are required by the IFB and Contract Documents to execute the Construction Contract and furnish the
required Contractor’s Performance, Payment, Maintenance and Warranty Bond and provide the required
Certificates of Insurance and other insurance documentation as required by the General Conditions on or before
_______________, 2026, in accordance with the Contract Documents.
If you fail to execute said Contract, to furnish said Bond, or to file with required insurance documentation on or
before the above stated date, said City will be entitled to consider all your rights arising out of the City’s
acceptance of your Bid Security as abandoned, resulting in the forfeiture of your Bid Bond. The City will be
entitled to such other rights as may be granted by law.
Capitalized terms used herein and not otherwise defined shall have the definitions assigned in the Contract
Documents.
You are required to return an acknowledged copy of this Notice of Award to the City.
Dated this _____________ , 2026).
City of Cherry Hills Village
County of Arapahoe, State of Colorado
Project Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged:
CONTRACTOR
this

day of

, 2026___.

BY

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CITY OF
CHERRY HILLS VILLAGE
City Project No.: 2026-001

NOTICE TO PROCEED
Project Name: 2026-001 Hot-In-Place (HIP) Asphalt Overlay

Date:

To (Contractor):
Description of Work: HIP Asphalt Paving of E. Quincy Avenue to S. Clarkson Street

(east and west bound lanes). Will include all street striping,
Thermoplastic and traffic control

You are hereby notified to commence Work in accordance with the Construction Contract dated (new date),
2026, on
, and you are to complete the Work within Twenty-Eight (28) working days after
the date of this Notice to Proceed (“Contract Time”). Therefore, the date for completed Work is TBD.
Capitalized terms used herein and not otherwise defined shall have the definitions assigned in the Contract
Documents.
City of Cherry Hills Village,
County of Arapahoe, State of Colorado
Project Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged:
CONTRACTOR
this

day of

, 2026___.

BY

- 94 -

SHOP DRAWING
TRANSMITTAL FORM

CITY OF
CHERRY HILLS VILLAGE
City Project No.:
2026-001

TO:

Project Name:

Date:
Date of this form

Enter Project Name

______________________

Transmittal Number: _____

______________________

1st submittal

______________________

(Previous Transmittal #______)

Resubmittal

Description of Equipment: Enter Description of Equipment
Manufacturer: Enter Name of Manufacturer
As stated in the Contract Documents, the undersigned Contractor’s submission of these Shop Drawings or
samples shall constitute a representation to the City that the Contractor has either determined and verified all
quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or he assumes
full responsibility for doing so, and that he has reviewed and coordinated each Shop Drawing or sample with the
requirements of the Work, the General Conditions to Construction Contract, and the Contract Documents and
he represents to the City that item(s) described by these Shop Drawings do comply with the requirements of the
Contract Documents. The undersigned Contractor certified that the Equipment included in this submittal
complies with the latest requirements of the Occupational Health and Safety Act of 1970 including any standards
or regulations established by the U.S. Secretary of Labor in administration of said Act.
Capitalized terms used herein and not otherwise defined shall have the definitions assigned in the Contract
Documents.

(Authorized Signature of Contractor)

(Contractor Name)

*************************************
(THIS SPACE FOR CITY USE ONLY)
The above drawings are returned with action as designated below:
A
B
C
D
E

No Exception Taken
Make Corrections Noted and Resubmit Corrected Copies
Revise and Resubmit
Rejected
Submit Specified Item

Reviewed By: ______________________________________ Date: _____________

- 95 -

CHANGE ORDER

CITY OF
CHERRY HILLS VILLAGE
City Project No. 2026-001

Project Name:

Change Order No.:

To (Contractor):

City Contract No.:

Description of Original Contract Work:

Date: (new date) 2026

2026-001

It is hereby mutually agreed that when this Change Order has been signed by the contracting parties, the following
described changes shall be executed by the Contractor without changing the terms of the Contract, except as herein
stipulated and agreed.
ADD :
AT :

Contractor agrees to furnish all Materials and labor and to perform all Work required to complete the above described
changes in accordance with the requirements for similar Work covered by the Contract, except as otherwise stipulated
herein, for the following considerations:
CHANGE TO CONTRACT SUM

AMOUNT /
DATED / AVG

Original CONTRACT SUM
Current CONTRACT SUM adjusted by Change Order Zero (0) thru One (1)
The CONTRACT SUM due to this Change Order will be (Increased) by (ESTIMATED)
The new CONTRACT SUM including this Change Order will be
CHANGE TO CONTRACT TIME
Current CONTRACT Completion Date : (new date), 2025
CONTRACT TIME will be (Changed) by this number of Calendar days, One Hundred and Forty
One (141).
The DATE for completion of all WORK (Amended Contract Time) will be : (new date), 2026
RECOMMENDED FOR ACCEPTANCE:
PROJECT MANAGER
BY: ____________________________________________
DATE: _______________________
ACCEPTED:
CONTRACTOR:

CITY OF CHERRY HILLS VILLAGE:

BY: _____________________________________

BY: _______________________________
Public Works Director

DATE: ___________________________________

DATE: _____________________________

- 96 -

$
$
$
$

APPLICATION FOR
PAYMENT

CITY OF
CHERRY HILLS VILLAGE
City Project No.:

Project Name:

Period Ending:

Enter Project #

Enter Project Name

Enter Date

Contractor:

Application No.:

Enter Name of Contractor

Enter Application #
City Contract No.:

Date:
Page 1 of Enter # of Pages

Enter Date

Original Contract Sum:

Approved Changer Order Adjustment:

Current Contract Sum:

$Enter Amount

$Enter Amount

$Enter Amount

Enter Contract #

SUMMARY OF CONTRACT

AMOUNT

1. Total accumulated Work on original Contract to date

$

2. Extra work by approved Change Order to date

$

3. Materials stored

$

4. Total accumulated work to date (Items 1 through 3)

$

5. Less: Retainage of five percent (5%) up to a maximum 5% of current Contract Sum

$

6. Net amount earned to date

$

7. Less: Amount of previous payment

$

BALANCE DUE THIS REQUEST

$

The undersigned Contractor certifies to the best of his knowledge, information and belief, the Work covered by this Application
for Payment has been completed in accordance with the Contract Documents; that all amounts have been paid by him/her for Work
for which previous Applications for Payment were issued and payments received from the City; and that current payment shown
herein is now due.
_____________________________________ BY: __________________________________ DATE: ______________
CONTRACTOR
In accordance with the Contract Documents, based on on-site observation and the data comprising the above application, the Project
Manager certifies that the Work has progressed to the point indicated; that to the best of his/her knowledge, information and belief,
the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the Amount
Certified below.

Application for payment may only be made after substantial completion no
progress payments will be made.
AMOUNT APPROVED FOR PAYMENT $________________________________
___________________________________________________ DATE: _______________
PROJECT MANAGER
___________________________________________________ DATE: _______________
DEPUTY CITY MANAGER

- 97 -

APPLICATION FOR PAYMENT
(continuation sheet)

CITY OF
CHERRY HILLS VILLAGE
City Project No.:

Project Name:

Application No.:

Enter Project #

Enter Project Name

Enter Application #

Date:
Page 1 of Enter # of

Enter Change Order #

Pages
BID ITEMS
ITEM NO.

DESCRIPTION

ESTIMATED
QUANTITY

UNITS

UNIT
PRICE

WORK COMPLETED TO DATE
EXTENDED
AMOUNT

QUANTITY

UNITS

SUBTOTAL THIS SHEET
GRAND TOTAL (LAST PAGE)

- 98 -

UNIT
PRICE

EXTENDED
AMOUNT

%
COMP.

CITY OF
CHERRY HILLS VILLAGE

PARTIAL WAIVER OF LIEN

City Project No.:

Project Name:

Enter Project #

Enter Project Name

To All Whom it May Concern:
WHEREAS, the undersigned has been employed by (A)__________________________________ to furnish labor and
materials for (B)__________________________________________________________ work, under a contract
(C)______________________________________________________________ for the improvement of the premises
described as (D)______________________________________________ in the City of Cherry Hills Village, County
of Arapahoe, State of Colorado, of which the City of Cherry Hills Village is the owner.
NOW, THEREFORE, this ______ day of ___________________________, 20___, for and in consideration of the sum
of (E)

Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by

the undersigned, the undersigned does hereby waive and release to the extent only of the aforesaid amount, any lien rights
to, or claim of lien with respect to and on said above-described premises, the improvements thereon, and on the monies or
other considerations due or to become due from the City, by virtue of said contract, on account of labor, service, materials,
fixtures, apparatus or machinery furnished by the undersigned to or for the above-described premises, but only to the extent
of the payment aforesaid.
(F) ______________________________________
(Name of sole ownership, corporation or partnership)

(Affix corporate

_________________________________________
(Signature of Authorized Representative)

SEAL here)

Title:_____________________________________
INSTRUCTIONS FOR PARTIAL WAIVER
(A)
(B)
(C)
(D)
(E)
(F)

Name person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
If you have more than one contract on the same premises, describe the contract by number if available, date and
extent of work.
Furnish an accurate enough description of the improvement and location of the premises so that it can be
distinguished from any other property.
Amount shown should be the amount actually received on that date.
If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing
waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign
and designate himself as partner.

- 99 -

CITY OF
CHERRY HILLS VILLAGE

FINAL WAIVER OF LIEN

City Project No.:

Project Name:

Enter Project #

Enter Project Name

To All Whom it May Concern:
WHEREAS, the undersigned has been employed by (A)__________________________________ to furnish labor and
materials for (B)__________________________________________________________ work, under a contract
(C)______________________________________________________________ for the improvement of the premises
described as (D)______________________________________________ in the City of Cherry Hills Village County
of Arapahoe, State of Colorado, of which the City of City of Cherry Hills Village is the owner.
NOW, THEREFORE, this ______ day of ___________________________, 20___, for and in consideration of the sum
of (E)

Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by

the undersigned, the undersigned does hereby waive and release to the extent only of the aforesaid amount, any lien rights
to, or claim of lien with respect to and on said above-described premises, the improvements thereon, and on the monies or
other considerations due or to become due from the City, by virtue of said contract, on account of labor, service, materials,
fixtures, apparatus or machinery furnished by the undersigned to or for the above-described premises, but only to the extent
of the payment aforesaid.
(F) ______________________________________
(Name of sole ownership, corporation or partnership)

(Affix corporate

_________________________________________
(Signature of Authorized Representative)

SEAL here)

Title:_____________________________________
INSTRUCTIONS FOR FINAL WAIVER
(A)
(B)
(C)
(D)
(E)
(F)

Name person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
If you have more than one contract on the same premises, describe the contract by number if available, date and
extent of work.
Furnish an accurate enough description of the improvement and location of the premises so that it can be
distinguished from any other property.
Amount shown should be the amount actually received on that date.
If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing
waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign
and designate himself as partner.

- 100 -

CITY OF
CHERRY HILLS VILLAGE

CERTIFICATE OF
SUBSTANTIAL COMPLETION

City Project No.:

Project Name:

City Contract No.:

Enter Project #

Enter Project Name

Enter Contract #

Substantial Completion Date:

Contractor:

Contract Date:

Enter Date

Enter Name of Contractor

Enter Date

Description of Contract Work (or specified part) completed:

Date Issued:

Enter Description

Enter Date

DEFINITION OF SUBSTANTIAL COMPLETION
The date of Substantial Completion of the Contract or specified part of a Contract is the date when the construction is sufficiently
complete for the City, in accordance with the Contract Documents, including the General Conditions to the Construction Contract
and the definition of “Substantial Completion” set forth therein, to make a finding that the Project (or specified part) can be utilized
for the purposes for which it was intended. A List of Items to be completed or corrected (“Punch List”) are attached hereto. The
failure to include any items on said list does not alter the Contractor’s responsibility to complete all Work in accordance with the
Contract Documents.

TO: ______________________________________
(DEPUTY CITY MANAGER)

AND TO: ______________________________________
(CONTRACTOR)

The Work performed under the Contract referenced above has been inspected by the Project Manager on the above-named project
and/or the City Engineer for the City of Cherry Hills Village and by the Contractor, and the Project or specified part thereof as
indicated above, is hereby declared to be substantially complete. The date of Substantial Completion is the date upon which all
guarantees and warranties begin, except as noted below. The Contractor and the City have agreed to the attached Punch List of
items to be completed or corrected before Final Completion

____________________________________________
PROJECT/PROGRAM MANAGER
The Contractor accepts the above Certificate of Substantial Completion.

____________________________________________ _______________________________________
CONTRACTOR
AUTHORIZED REPRESENTATIVE

- 101 -

______________
DATE

CITY OF
CHERRY HILLS VILLAGE

CERTIFICATE OF FINAL
COMPLETION

City Project No.:

Project Name:

City Contract No.:

Enter Project #

Enter Project Name

Enter Contract #

Final Completion Date:

Contractor:

Contract Date:

Enter Date

Enter Name of Contractor

Enter Date

Description of project completed:

Date Issued:

Enter Description

Enter Date

DEFINITION OF FINAL COMPLETION
The date of Final Completion of a Contract is the date when the construction or services are complete, in accordance with the
Contract Documents including the General Conditions to the Construction Contract and the definition of “Final Completion” set
forth therein, so that the Project or specified part of the project or Project Services can be utilized for the purposes for which it was
intended and all Work as set forth on the Punch List issued upon Substantial Completion has been satisfactorily completed, notice
has been published in accordance with law, and the timeframe provided in such notice has elapsed, and all releases of liens have
been received to the satisfaction of the City.
TO: ______________________________________
(DEPUTY CITY MANAGER)

AND TO: ______________________________________
(CONTRACTOR)

The Work performed under the Contract referenced above has been inspected by authorized representatives of the City of Cherry
Hills Village and Contractor, and the Project, is hereby declared to be completed. The date of Substantial Completion is the date
upon which all guarantees and warranties begin, except as noted below.
____________________________________________
PROJECT/PROGRAM MANAGER
The CONTRACTOR accepts the above Certificate of Final Completion.
____________________________________________ _______________________________________
CONTRACTOR
AUTHORIZED REPRESENTATIVE

______________
DATE

MAINTENANCE & UTILITY RESPONSIBILITIES
Cherry Hills Village
Contractor
Final Payment in accordance with ATTACHED VOUCHERS AND FINAL PAYMENT FORM IS HEREBY
AUTHORIZED.
Approval by:
Project/Program Manager: ________________________________________

Date ____________________

Deputy City Manager: _____________________________________________________ Date
ENCLOSURES (identify and attach)

- 102 -

CERTIFICATE OF PARTIAL
ACCEPTANCE

CITY OF
CHERRY HILLS VILLAGE
City Project No.:

Project Name:

City Contract No.:

Enter Project #

Enter Project Name

Enter Contract #

Partial Acceptance Date:

Contractor:

Contract Date:

Enter Date

Enter Name of Contractor

Enter Date

Description of part of project completed:

Date Issued:

Enter Description

Enter Date

PARTIAL ACCEPTANCE
The City will issue this Certificate of Partial Acceptance upon application therefor by the Contractor and upon a finding by the
City that a unit or portion of the Project, such as a structure, utility service, or a section of road or pavement, has been satisfactorily
completed in compliance with the Contract, relieving Contractor of further responsibility for that unit or portion of the Work. Partial
acceptance shall in no way void or alter any terms or other obligations of ether party under the Contract.

TO: ______________________________________
(DEPUTY CITY MANAGER)

AND TO: ______________________________________
(CONTRACTOR)

The Work performed under the Contract referenced above has been inspected by the undersigned authorized representatives of the
City of Cherry Hills Village and Contractor, and the specified part of the Project, (as indicated above) is hereby declared to be
satisfactorily completed in compliance with the Contract.

____________________________________________
PROJECT MANAGER

_______________
DATE

The CONTRACTOR accepts the above Certificate of Partial Acceptance.
____________________________________________ _______________________________________
CONTRACTOR
AUTHORIZED REPRESENTATIVE

MAINTENANCE & UTILITY RESPONSIBILITIES
Cherry Hills Village
Contractor

- 103 -

______________
DATE

EXHIBIT F:

•

SPECIFICATIONS

Section 405 Heating and Repaving Treatment of The Colorado Department of
Transportation Standard Specifications for Road and Bridge Construction 2025 edition
(CDOT Specifications) shall be referenced for standard specification requirements for
this contract, except as modified below.

SPECIFICATIONS FOR HEATING AND REPAVING TREATMENT
The City of Cherry Hills Village utilizes the below specifications for Heating and Repaving Treatment as
revised from the current CDOT specification section 405. Any other specifications referenced in this
document from the CDOT Specifications are utilized as written with the exception of “Method of
Measurement and Basis of Payment” in each referenced section. Methods of Measurement and Basis of
Payment are specified in these Contract Document for all work.
REVISION OF SECTION 405 CDOT SPECIFICATIONS
HEATING AND REPAVING TREATMENT
DESCRIPTION
This work consists of rehabilitating the existing surface layer of pavement. Rehabilitation shall be done
with specially designed equipment that removes and recycles the surface layer; adds rejuvenating or
recycling agent and new bituminous pavement material; and places all the materials to form a new surface
layer, all in one continuous operation. The work includes compacting the rehabilitated surface. The
rehabilitated layer shall conform to the lines, grades, thicknesses and typical cross section established on
site prior to work beginning.
MATERIALS
New hot bituminous pavement and reclaimed bituminous pavement shall conform to the provisions of
this Contract Document. Asphaltic Mix Design for this project to be a (Grading SX) (75) PG 58 – 28. The
City will allow up to a twenty percent (20%) RAP in its Mix Design.
Rejuvenating or recycling agent shall meet one of the following requirements:
(a)

Rejuvenating agent shall meet the requirements of subsection 702.04.

(b)
Recycling agent shall either meet the requirements of Table 702-4 except that the residual
penetration shall be greater than 300 dmm or shall meet the requirements of subsection 702.03(c).
CONSTRUCTION REQUIREMENTS
Equipment. The Contractor shall specify the type of equipment that will be used for this work at the
preconstruction conference. All equipment shall be on the project in operating condition by a date that
will be established at this conference, for inspection and approval by the City. The City will reject
equipment that is unsuitable for the intended purpose.
(a) Repaving Equipment. The equipment for this work shall be a self-contained, self-propelled,
automated unit capable of heating, scarifying (or rotary milling) the existing surface, mixing,
redistributing and leveling the existing asphalt pavement to the specified depth, automatically

- 104 -

applying a rejuvenating or recycling agent at a uniform rate as shown on the plans or as directed,
and applying a new hot bituminous pavement layer over the hot, partially compacted recycled
mixture, all in one pass. Additional preheaters may be utilized to achieve the specified depth and
temperature.
Principal components of the equipment shall conform to the following:
1. Heating Unit. This unit shall be hooded to prevent damage to adjacent plant growth. It shall be
capable of heating the pavement surface to a temperature high enough to allow scarification to the
required depth without breaking aggregate particles or charring the pavement.
2. Scarifying or Milling Units. The scarifiers or rotary millers shall be able to penetrate the
pavement surface to the depth shown on the plans in one pass. Scarifiers or millers shall be
equipped with separate, automatic height adjustments which will allow clearance over manholes
and other obstructions.
3. Rejuvenating or Recycling Agent Applicator. This system shall automatically add rejuvenating or
recycling agent to the scarified material at a uniform rate as shown on the plans or as directed.
The application rate shall be synchronized with the machine's forward speed to maintain a
tolerance within 5% of the specified rate.
4. Add Plant-Mix Unit. This unit shall consist of a receiving hopper and conveying system to collect
and transport new hot bituminous pavement material to the finishing unit.
5. Recycling Unit. This unit shall consist of a system which mixes, distributes and levels the
scarified material over the width being processed to produce a uniform cross-section of recycled
material.
6. Finishing Unit. This unit shall have automatic screed controls to produce a surface conforming to
that shown on the plans. The unit shall be capable of performing the functions of a bituminous
paver as described in subsection 401.10.
(b)

Rollers. Rollers shall conform to subsection 401.17.

(c)
Edge Milling. Edge Milling will be required at all intersections driveways and paths that are
directly adjacent to the HIP installation process at a depth of one inch at a width of 7 feet wide. Edge
Milling will be paid by the sq yard for actual work completed.
*For Information Only: Equipment known to be acceptable for the heating and repaving treatment is
manufactured by Cutler Repaving, Inc. Wirtgen GmbH (Remixer) or approved equal.
Heating and Repaving Process. Immediately before pavement recycling begins, the pavement surface
shall be broomed or otherwise cleaned to provide a dry surface free from loose particles or other
deleterious material.
The Contractor shall protect the area adjacent to the work from heat damage. All areas damaged by heat
damage shall be repaired or replaced at the Contractor’s expense. The City may require the Contractor to
furnish fire fighting equipment at the Contractor's expense.
The Contractor shall meet all local, county, state, and federal air pollution regulations. All costs and extra
work necessary to comply with air pollution regulations shall be at the Contractor’s expense.

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Areas that ravel or pothole shall be repaired or patched at the Contractor's expense.
Weather limitations for work on this item shall be in accordance with the provisions of subsection 401.07,
unless otherwise directed.
The heating shall soften the pavement to the extent that it can be scarified or milled to the depth specified.
Heating shall be done in a manner that will assure uniform softening and will not char the asphalt.
The asphalt pavement shall be fully heated to a width at least two inches beyond the width to be scarified
and recycled. On the next pass paralleling the first, the recycling shall overlap the previously recycled mat
by a minimum of 2 inches.
Immediately following heating, the pavement surface shall be scarified (or milled) to the specified depth.
The removed material shall have a temperature of between 225 F and 265 F, unless otherwise directed
by the City. The material shall be leveled, mixed and treated with a rejuvenating or recycling agent. The
application rate shall be based on the specified rate or as directed.
New hot bituminous pavement material shall be added by gathering reclaimed material with a leveling
device and spreading to a uniform depth over the width being processed. After the material is placed, and
while it still has a residual temperature of at least 190 F, a layer of new hot bituminous pavement
material conforming to the job-mix formula shall be placed over it in accordance with subsection 401.16.
The application rate of new material shall be sufficient to provide the required pavement thickness.
Hot bituminous pavement (HMA) material will be measured and paid for in accordance with the contract
unit price per ton. Payment will be full compensation for all labor, materials and equipment required to
complete the work.
Compaction shall be in accordance with subsection 401.17.
The following adjustments shall be made if required and as directed:
(1)
Depth of scarification may be varied.
(2) Application rate for rejuvenating or recycling agent or other asphaltic material may be adjusted as
necessary to maintain a uniform mixture.
(3) Application rate for new hot bituminous pavement may be adjusted to maintain the design depth of
combined recycled and new hot bituminous pavement.
Smoothness Testing. The longitudinal surface smoothness of the pavement surface prior to and after
heating and repaving shall be tested in accordance with subsection 105.031 of the Standard Special
Provision, Revision of Sections 105, 202,401,405,406 and 412, Roadway Smoothness. (This testing will
be paid for by the City if the City determines it is necessary)
METHOD OF MEASUREMENT
Heating and Repaving Treatment and Ede Milling will be measured by the actual number of square yards
that are completed and accepted. New HMA will be measured and paid for by the actual tons of materials
accepted and applied.

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BASIS OF PAYMENT
The accepted quantities of Heating and Repaving Treatment and Edge Milling will be paid at the contract
unit price per square yard. Payment will be full compensation for all labor, materials and equipment
required to complete the work, including cleaning the existing pavement surface, heating, scarifying,
redistributing, releveling and compacting bituminous pavement including rejuvenator.
Payment will be made under:
Pay Item

Pay Unit

1. Heating and Repaving Treatment

Square Yard

2.New HMA

Ton

3. Edge Milling

Square Yard

•

In the event of a conflict between the requirements of a published reference standard and the
specific requirements of the general conditions, supplementary conditions, or other Contract
Documents, or between one reference standard and another reference standard, the more stringent
requirements shall take precedence.

•

All Method of Measurement and Basis of Payment Requirements are outlined in these Contract
Documents and supersede The Colorado Department of Transportation Standard Specifications for
Road and Bridge Construction and all other referenced Standards.

PROFILE TESTING
Profile testing of the roadway surface prior to and after heating and repaving will not be measured and
paid for separately but shall be included in the work.

II. REFERENCE STANDARDS
PART 1 - SUMMARY
1.1

SUMMARY:

1.1.1

WORK INCLUDED:
A.

This Section contains a summary of industry-accepted and recognized standards published
by trade associations, government, and institutional organizations which are referred to in
the various sections of these specifications or elsewhere in the Contract Documents.

B.

Standards listed herein are included in the Contract Documents by this reference and
become a part of the Contract Documents to the same extent as though included in their
entirety unless specific limitations are noted in the individual Specifications.

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C.

Inclusion of reference standards herein does not make the Director or Public Works
Director an agent of the publishing agency, nor does it obligate the Director or Public
Works Director to perform inspections required by or enforce rules or regulations
contained in the reference standards.

1.2

REFERENCES:

1.2.1

RELATED DOCUMENTS: General Conditions, Supplementary Conditions, and applicable
provisions of other Division 1 sections apply to this section.

1.2.2

PRECEDENCE OF REQUIREMENTS: In the event of a conflict between the requirements of a
published reference standard and the specific requirements of the general conditions,
supplementary conditions, or other Contract Documents, or between one reference standard and
another reference standard, the more stringent requirements shall take precedence.

PART 2 - PRODUCTS
(Not Used)
PART 3 - EXECUTION
The Following References, latest version, are incorporated by reference:
•

UNIFORM MANUAL OF TRAFFIC CONTROL DEVICES (MUTCD)

•

AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS
(AASHTO)

•

MUNICIPAL GOVERNMENT PAVEMENT ENGINEERS COUNCIL (MGPEC)

•

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

•

COLORADO DEPARTMENT OF TRANSPORTATION – CONSTRUCTION
SPECIFICATIONS

III. TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1

SUMMARY:

1.1.1

WORK INCLUDED:
Provide temporary utilities and miscellaneous temporary facilities required during construction,
including installation, maintenance, and removal upon completion of the work.

1.2

REFERENCES:

1.2.1

RELATED DOCUMENTS:
, and applicable provisions of other Division 1 sections apply to this section.

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PART 2 - PRODUCTS
2.1

TEMPORARY CONSTRUCTION FACILITIES:

2.1.1

STORAGE STRUCTURES:
If necessary, provides enclosed, weather tight storage facilities for materials and equipment,
which require protection from the elements.

2.1.2

SANITARY FACILITIES:
Provide temporary toilet facilities for duration of work, for use by any and all employees engaged
in the work. Comply with requirements of applicable codes, regulations, laws, and ordinances.

2.1.3 TRAFFIC BARRICADES/SIGNS:
A. Provide barricades and signs as may be specified elsewhere within certain sections of the specifications,
and as may be required by local code or authority and as required to maintain safety of workplace.
B. Maintain barricades, bulkheads, and other protective facilities in good condition throughout the term
of the work. Remove at completion of the work and replace or repair all work damaged thereby. Repair
or replace on a daily basis safety facilities or devices damaged or removed during the course of the
work.
C. No other signs or advertising will be permitted on the job site.
2.3

OTHER TEMPORARY SERVICES:

2.3.1 CLEANING:
A. Provide daily sweeping and cleanup of dust, debris, litter, trash containers, and other items required to
maintain a clean, orderly, and accessible site. Hauling of debris is required daily as a minimum.
B. Provide sweeping or cleaning of adjacent streets and walkways as required to prevent accumulation of
mud, dust, or soil thereon from construction traffic and personnel.
PART 3 - EXECUTION
3.1

MAINTENANCE OF TEMPORARY FACILITIES:

3.1.1

TEMPORARY STRUCTURES:
Maintain temporary offices, storage facilities, sanitary facilities, fire protection facilities, trailers,
fences, barricades, and other structures in a neat, orderly appearance for the duration of the work.

3.1.2

REMOVAL OF TEMPORARY FACILITIES:
Remove temporary facilities and structures from the site as soon as practicable or when no longer
required by the Contractor or subcontractors. Restore areas occupied by temporary facilities to like
new condition, or to match surrounding areas.

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PART 4 - MEASUREMENT AND PAYMENT
4.1

SUMMARY

4.1.1

No payment will be made directly for temporary facilities and controls, but will be considered as
subsidiary obligation of the Contractor under the bid item requiring this work.

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CITY OF CHERRY HILLS VILLAGE
2450 E. Quincy Avenue
Cherry Hills Village, CO 80113
www.cherryhillsvillage.com

COLORADO

City Hall
Telephone 303-789-2541
FAX 303-761-9386

ITEM: 6c

MEMORANDUM
TO:

HONORABLE MAYOR BROWN AND MEMBERS OF CITY COUNCIL

FROM:

JAY GOLDIE, DEPUTY CITY MANAGER AND DIRECTOR OF PUBLIC
WORKS

SUBJECT: RESOLUTION 9, SERIES 2026 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHERRY HILLS VILLAGE APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE CHERRY HILLS
VILLAGE SANITATION DISTRICT FOR REIMBURSEMENT OF COSTS TO
REVIEW AND ANALYZE VIDEO OF CHERRYRIDGE SEWER LINES
DATE:

APRIL 7, 2026

ISSUE
Shall City Council approve Resolution 9, Series 2026 approving an IGA with the Cherry Hills
Village Sanitation District (CHVSD) for the review of the Cherryridge sanitation system in order
to begin possible talks of the CHVSD taking over the District from the City? (Exhibit A)
DISCUSSION
On June 17, 2025 City Council and staff discussed working with the CHVSD on the possible
integration of the Cherryridge portion of the City’s sanitary sewer holdings into the CHVSD.
CHVSD agreed to consider the integration and told the City that to start the process they would
have their contract engineering firm review the inspection video that the City had completed in
2025 for the system. From this inspection a report will be produced outlining the overall
condition of the system and what additional repairs might need to be completed. From this
report CHVSD will make a decision on formally considering the acquisition of the Cherryridge
Sanitary Sewer System. CHVSD has provided a cost estimate of $20,526.00 to complete the
review, analysis, and prepare the report. The IGA is for a not-to-exceed cost of $21,000.
BUDGET IMPACT
There is no impact to the budget as the amount for this contract is within the amount budgeted
for within the Water and Sewer Fund.

Page 1 of 2

STAFF RECOMMENDATION
Staff recommend that City Council adopt Resolution 9, Series 2026 approving an IGA with the
Cherry Hills Village Sanitation District to review and analyze the Cherryridge Sanitary Sewer
system.
RECOMMENDED MOTION
“I move to approve Resolution 9, Series 2026 approving an intergovernmental agreement with
the Cherry Hills Village Sanitation District for reimbursement of costs to review and analyze
video of Cherryridge Sewer Lines and authorize an amount not to exceed $21,000.00 to have the
related work performed.”
ATTACHMENTS
Exhibit A: Resolution 9, Series 2026
Attachment A: IGA with Cherry Hills Village Sanitation District

Page 2 of 2

EXHIBIT A
RESOLUTION NO. 9
SERIES 2026

INTRODUCED BY: ____________
SECONDED BY: ______________

A RESOLUTION
OF THE CITY COUNCIL
OF THE CITY OF CHERRY HILLS VILLAGE
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE CHERRY HILLS VILLAGE SANITATION DISTRICT FOR REIMBURSEMENT OF
COSTS TO REVIEW AND ANALYZE VIDEO OF CHERRYRIDGE SEWER LINES
WHEREAS, C.R.S. Section 29-1-203 authorizes governments to cooperate or
contract with one another to provide any function, service, or facility upon approval by
their respective governing bodies; and
WHEREAS, Section 13.6 of the Cherry Hills Village Home Rule Charter authorizes
the City Council, by resolution or by ordinance, to enter into contracts or agreements with
other governmental units for furnishing or receiving services; and
WHEREAS, the City of Cherry Hills Village (the “City”) owns and operates certain
sanitary sewer lines formerly owned and operated by the Cherryridge Water and
Sanitation District (the “Cherryridge Sewer Lines”); and
WHEREAS, the Cherry Hills Village Sanitation District (the “District”) has agreed
to review, analyze, and prepare a report based on video of the Cherryridge Sewer Lines
for purposes of considering a possible assumption of ownership of those lines (the
“Project”); and
WHEREAS, the City and the District desire to enter into an intergovernmental
agreement to set forth the terms by which the City will reimburse the District for the costs
of the Project (the “Agreement”); and
WHEREAS, the City Council desires to approve the Agreement and further desires
to authorize the Mayor to execute the Agreement on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cherry Hills
Village, Colorado that:
Section 1. Incorporation of Recitals.
The recitals contained above are
incorporated herein by reference and are adopted as findings of the City Council.
Section 2. Agreement Approved. The City Council hereby: (a) approves the
Agreement in substantially the same form as attached hereto and incorporated herein as
Attachment A; (b) authorizes the City Attorney, in consultation with the City Manager, to
make such changes to the Agreement as may be necessary that do not increase the
Resolution 9, Series 2026
Page 1 of 3

obligations of the City; and (c) authorizes the Mayor to execute the Agreement on behalf
of the City once in final form.
Section 3.
its adoption.

Effective Date. This Resolution shall be effective immediately upon

Section 4. Repealer. All resolutions or parts thereof in conflict with this
resolution are hereby repealed, provided that such repealer shall not repeal the repealer
clauses of such resolution or revive any resolution.
Section 5. Severability. If any provision of this resolution is found by a court of
competent jurisdiction to be invalid, the remaining provisions of this resolution will remain
valid, it being the intent of the City that the provisions of this resolution are severable.
Introduced, passed and adopted at the
regular meeting of City Council this 7th day
of April, 2026, by a vote of _ yes _ no.
(SEAL)
_______________________________
Kathleen Brown, Mayor

ATTEST:

APPROVED AS TO FORM:

____________________________
Laura Gillespie, City Clerk

______________________________
Kathie B. Guckenberger, City Attorney

Resolution 9, Series 2026
Page 2 of 3

Attachment A
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHERRY HILLS
VILLAGE AND THE CHERRY HILLS VILLAGE SANITATION DISTRICT FOR
REIMBURSEMENT OF COSTS TO REVIEW AND ANALYZE VIDEO (CHERRYRIDGE
SEWER LINES)

Resolution 9, Series 2026
Page 3 of 3

INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF CHERRY HILLS VILLAGE AND
THE CHERRY HILLS VILLAGE SANITATION DISTRICT FOR REIMBURSEMENT
OF COSTS TO REVIEW AND ANALYZE VIDEO (CHERRYRIDGE SEWER LINES)
THIS AGREEMENT is made and entered into by and between the CITY OF CHERRY HILLS
VILLAGE, a Colorado home rule municipality of the State of Colorado, hereinafter referred to as
"City," and the CHERRY HILLS VILLAGE SANITATION DISTRICT, a quasi-municipal
corporation and political subdivision of the State of Colorado, hereinafter referred to as "District."
Collectively, the City and the District shall be referred to herein individually as a “Party” and
collectively as the “Parties.”
WHEREAS, the City owns and operates certain sanitary sewer lines formerly owned and
operated by the Cherryridge Water and Sanitation District, a dissolved quasi-municipal
corporation and political subdivision of the State of Colorado (the “Cherryridge Lines”), pursuant
to Paragraph 3 of an Arapahoe County District Court Order dissolving that district dated November
25, 1995 and recorded in the Arapahoe County property records at Reception No. A5125922; and
WHEREAS, the District has agreed to review, analyze, and prepare a report based on video
of the Cherryridge Lines prepared by the City for purposes of considering a possible assumption
of ownership of those lines (the “Project”); and
WHEREAS, the City desires to reimburse the District for the costs of the Project as set
forth herein; and
WHEREAS, the City and the District are authorized by C.R.S. § 29-1-203 to enter into this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements, and the
premises herein contained, the Parties hereto agree:
1. EFFECTIVE DATE; TERM. This Agreement shall commence on the date of mutual
execution of the Parties (the “Effective Date”) and shall terminate on December 31, 2026. The
Parties may mutually agree in writing to extend the term of this Agreement, subject to annual
appropriation.
2. PURPOSE OF AGREEMENT: The purpose of this Agreement is to: (1) memorialize the
City’s obligation to reimburse the District for the Project costs; and (2) establish the terms and
conditions under which the City will pay those costs to the District.
3. RESPONSIBILITY OF PARTIES:
A. District Responsibilities. The District shall perform or shall manage and oversee, as
applicable, all duties, obligations, and responsibilities that are described or reasonably
implied from the scope of the Project as more specifically set forth in Exhibit A, attached
hereto and incorporated herein by this reference. Within five (5) business days of
completion of the Project, the District shall notify the City of such completion and provide
Page 1 of 6

an electronic copy of the final technical memorandum to Jay Goldie, Deputy City Manager
and Director of Public Works, via email at [email protected].
B. City Responsibilities. The City shall pay the District for actual costs incurred as a result
of the Project, as specified in Section 4 of this Agreement.
4. TOTAL PROJECT COSTS; STATEMENTS AND PAYMENT: Following execution of
this Agreement by the Parties, the District shall commence the Project as described in Exhibit A.
The Parties understand and acknowledge that the cost identified in Exhibit A is an estimate based
on the best available information and that actual cost may vary. Compensation to be paid hereunder
shall not exceed Twenty-One Thousand Dollars and No Cents ($21,000.00) (“Not-to-Exceed
Amount”).
Upon completion of the Project, and in conjunction with providing the City with a copy of the final
technical memorandum as set forth in Section 3.A. of this Agreement, the District shall invoice
the City for the actual cost incurred as a result of the Project based on the rates or compensation
methodology described in Exhibit A. Within thirty (30) days of its receipt of such memorandum
and approval of such invoice and accounting of costs from the District, the City shall remit
payment to the District. Before making any payment, the City may require the District to furnish
at no additional charge releases or receipts from any or all persons performing work under this
Agreement and/or supplying material or services to the District, or any subcontractor if this is
deemed necessary to protect the City’s interest. The City, however, may in its discretion make
payment in part or full to the District without requiring the furnishing of such releases or receipts.
5. NOTICE: Unless otherwise provided in this Agreement, any notice under this Agreement shall
be in writing, and shall be deemed sufficient when directly presented or sent via pre-paid, first-class
United States Mail, to the Party at the address set forth
To the City:

Jay Goldie, Deputy City Manager and Director of
Public Works
2450 E. Quincy Avenue
Cherry Hills Village, CO 80113

With a copy to:

Michow Guckenberger McAskin, LLP
5299 DTC Parkway, Suite 300
Greenwood Village, CO 80111

To the District:

Kathy McKune, Administrator
3333 So. Bannock St., Suite 360
Englewood, CO 80110

6. LIABILITY: Each Party shall be responsible for its own negligence hereunder to the extent
provided by law. Neither Party shall be deemed to be an agent for the other Party. The City and
the District, and their respective elected officials, directors, officials, officers, agents, and
employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any
provision of this Agreement, the monetary limitations or any other rights, immunities, or
2

protections afforded by the Colorado Governmental Immunity Act, §§24-10-101 et seq., C.R.S., as
the same may be amended from time to time.
7. INSURANCE: Each Party shall insure themselves separately against liability, loss, and damages
arising out of the operation of and performance under this Agreement.
8. SUBJECT TO LOCAL LAWS; VENUE: This Agreement shall be governed and construed
under the laws of the State of Colorado. Venue for any proceedings under this Agreement shall
be Arapahoe County.
9. ASSIGNMENT AND SUBCONTRACTING: Neither Party is obligated or liable under this
Agreement to any party other than those specified herein. The Parties understand and agree that
they shall not assign any of the rights, benefits, obligations or duties under this Agreement except
upon prior written consent and approval of the other Party, which consent or approval may be
withheld in the absolute discretion of that other Party. If any such assignment occurs, or if the
District subcontracts any of the rights, benefits, obligations or duties under this Agreement, such
action shall not be construed to create any contractual relationship between either of the Parties
and such assignee or subcontractor, and the City and the District shall remain responsible only to
each other according to the terms of this Agreement.
10. CONFLICT OF INTEREST: The Parties agree that no official, officer, or employee of either
Party shall have a