HomeMy WebLinkAbout102815 FORT COLLINS-LOVELAND WATER DISTRICT - CONTRACT - CONTRACT - TIMBERLINE ROAD WATERLINE AND ROADWAY IMPROVEMENTSPARTIAL ASSIGNMENT AGREEMENT
TIMBERLINE ROAD WATERLINE AND ROADWAY IMPROVEMENTS
PHASE 1B
THIS PARTIAL ASSIGNMENT OF AGREEMENTS is made and entered into this
194Aday of December, 2003, by and between FORT COLLINS-LOVELAND WATER
DISTRICT ("District") and THE CITY OF FORT COLLINS, ("City").
WITNESSETH:
WHEREAS, the District entered into an agreement (the "Connell Agreement") with
Connell Resources, Inc. ("Contractor"), on April 24, 2003, for Timberline Road waterline and
roadway improvements Phase IA (the "Project"), a copy of the Connell Agreement is attached
hereto and incorporated herein by reference as Exhibit 1; and
WHEREAS, the District intends to enter into an agreement with TST, Inc., Consulting
Engineers ("TST") for Construction Inspection, Administration and Surveying for Timberline
Road Waterline and Roadway Improvements Phase 1 B (the "TST Agreement"). A copy of the
TST Agreement is attached hereto and incorporated herein by reference as Exhibit 2.
WHEREAS, the District intends to sign Change Order No. 3 to the Connell Agreement, a
portion of said Change Order No. 3 is attached hereto and incorporated herein by reference as
Exhibit 3, which Change Order No. 3 has certain scheduled improvements which will benefit the
District and the City. The District and the City desire to allocate among themselves the
responsibilities and benefits, warranties, insurance and bonding obligations of the Connell
Agreement and the TST Agreement (collectively referred to herein as the "Agreements") for the
improvements located on and/or benefiting the District and the City's respective properties and
property rights, including easements and rights -of -way owned or contracted by the District
and/or the City; and
WHEREAS, the parties desire that the District will continue to administer all aspects of
the Project, and that the City will be financially responsible for their allocated portions of the
Project.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. The District will administer and manage all aspects of the Agreements. A copy of
each payment request under the Agreements shall be provided to the City for review in advance
of any payment, and a monthly accounting of all payments under the Agreements will be
delivered to the City.
2. At the completion of the Project and after final payment has been made for the
work pursuant to the terns of the Agreements, the District will transfer to the City all rights and
NOTICE OF AWARD
Dated: April 16, 2003
TO: Connell Resources, Inc.
Bidder
PROJECT: Timberline Road Waterline and Roadway Imorovements Phase 1A
OWNER: Fort Collins - Loveland Water District
Engineer's Project No: 0918-030
You are hereby notified that your Bid dated April 8.' 2003 for the above Contract has been
considered._ You are the apparent successful bidder and have been awarded a contract for
The Contract Price of your contract is:
Four copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Four sets of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within seven (7) days of the date of this
Notice of Award, that is by April 22, 2003.
1. You must deliver to the Owrler four fully executed counterparts of the Agreement including all
the Contract Documents. This includes the sets of Drawings. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement, the Contract Security (Bonds) as specified in
the Instructions to Bidders, General Conditions (paragraph 5.01) and Supplementary
Conditions.
Failure to comply with these conditions within the time specified will entitle Owner to consider your
bid abandoned and to annul this Notice of Award.
Within five (5) days after you comply with those conditions, Owner will return to you five fully
signed counterparts of the Agreement with the Contract Documents attached.
Fort Collins -Loveland Water District
Owner '"""�
By: Z—O&Z a •1-!G' • CJS
/01
Title: TAex+e!5e,r
NA-1
Bond No. 19SBI04038194
PERFORMANCE BOND
Know all persons by these presents:
That we, the undersigned Connell Resources, Inc. , as
Principal, and Travelers Casualty and Surety Company , a
Corporation , duly organized under the
taws of the State of Connecticut and licensed to do business in the State of
Colorado, as Surety. are hereby held and firmly bound unto
° , as Obligee In the
SUm Of en un re y- v sap ve un re Dollars ($ U,5iLA5,_-1, for
the payment ofwhich sum well and truly to be made, the Principal and Surety bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
Whereas, the above-npmed Principal and Obligee have executed an Owner -Contractor Agreement
dated vi f acF Zyo3
j for the construction of
Timberline Road Waterline and (hereinafter Contract), which Is by reference made a part
hereof. Roadway Improvements, Phase 1A
Now, therefore, the condition of this obligation is such that, the Principal shall promptly and faithfully
perform said Contract including a one (1) year correction period described in paragraph 13.07 of the
General Conditions, unless longer warranty periods are required by Local Entities, than this
obligation shall be null and void; otherwise, it shall remain in full force and effect.
The Surety hereby waives any notice of any alteration of the Contract or extension of the Contract
Time as stated in the Contract as may be agreed upon by the Owner and the Contractor and
embodied In any written Change Order whether or not it increases the total price of the project.
Whenever the Principal shall be in default under the Contract and is declared so by the Obligee,
and the Obligee has performed all obligations under the contract, the Surety may (1) remedy the
default, or (2) complete the Contract according to its terms, which may include the receipt of Bids
for completion of the Project and the execution of a new Contract between the Obligee and a new
Contractor. The Surety shall pay the difference between the Obligee and a new Contractor. The
Surety shall pay the difference between the original Contract Price and the costs of completion of
the Project up to an amount equal to the amount of this Bond. '
Any suit under this Bond must be instituted before the expiration of two (2) years from the date on
which final payment under the Contract Is due under paragraph 14.01 of the General Conditions.
PFB-1
Signed and sealed this day of _ , 2003.
$urety
Travelers Casualty and Surety Company
(Surety)
(Title) Attorney -in act
Surety Rating; A++ %V
Adl & - 11
�sL
(Witnes
PFB-2
PAYMENT BOND
Know all men by these presents that:
(Firm) Connell Resources, Inc.
(Address)4305 E. Harmony Road, Fort Collins, CO 80528
(A Partnership), (An Individual), (A Corporation), hereinafter referred to as the "Principal" and
(Firm) Travelers Casualty and Surety zompany
(Address) Hartford, CT 06183
hereinafter referred to as "the Surety', are held and
sum of
bound unto Fort Collins - Loveland
afneerrejeVp0,to as Owner, In the penal
in lawful money of the United S tes, for the payment of which sum well and bviy to be made, we
bind ourselves, successors and assigns, Jointly and severally, firmly by these presents.
The conditions of this obligation are such that whergas the Principal entered Into a certain
Agreement with the Owner, dated the �2 4 day of 0 n 1 , 2003, a copy of which
Is hereto attached and made a part hereof for the perform noe of the Work.
Now, therefore, if the Principal makes payment to all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for
In such Agreement and any authorized extension or modification thereof, including all amounts due
for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in
connection with the construction of such work, and all insurance premiums on said work, and for all
labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be
void; otherwise to remain in full force and effect.
Provided, further, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be
Porfomwd thereunder or ft Spociticatlons aocompanAno the lama shall in any way effect its
obligation on this bond; and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terns of the Agreement or to the Work or to the Specifications.
Provided, further, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Provided, further, that the Surety Company must be authorized to transact business in the State of
Colorado and be acceptable to the Owner.
PAB-1
In witness whereof, this instrument is executed in five (5) counterparts, each one of which shall be
deemed an original, this —I— day of K
2003.
Attest:
In presence of.
C 1 i � ces, Inc.
By
�� _ si�;ce PL'd �
(CORPORATE sue)
Travelers Casualty and Surety Company
By:
In presence of: attory-in- ct
Other Partners
Witness By:
Y:
Note: Date of Bond must not be prior to date of Agreement. ff Contractor /s Partnership, alf
partners should execute Bond.
PAa-2
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Comparies") hash made, constituted and appointed; and do by these
presents make, constitute and appoint: Connie & Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C.
Bensler, Kelly T. Urwiller, Russell J. Michels, Linda M. Nikolaeff, Debra S. Morris,.Mary IK. Powell, Diane F. Clementson,
of Greeley, Colorado, their true and lawful Attonaey(s)-in-Fact, with full power and authority hereby con&nrd to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, recognizanc eA contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the
authority.herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, arty Vice
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint ��' act
any
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority mmayprprescribe
to sign with the Company's name and seal with the Company's seal bonds, recogubmices. contracts of indemnity, and other writings obligatory in
Me nature of a bond, recogairance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power giver him or her.
VOTE 1 That the Chairman,, the president, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or.any part of the. foregoing autl�ity to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is flied in the office of the Secretary.
VOTED: That any bond, recognizamee, contract of indemnity, or writing obligatory in the nature of a bond, recognizmce, or conditional
undertaking shall be valid and binding upon the Connpany when (a) signed by the President, any Vice chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate or an Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secret Y
required) by one or more Attorneys -in -Fact and Agents pursuant to the �' °C ro) duly (under seal, if
by one or more Company officers p°Na 1 is his of her certificate or their certificates of authority or
Pursuant to a written delegation of authority.
This Power of Attorney and Certif%icate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed facsimile to an power of attorney or to any certificate reY
!sting thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys•in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
NOTICE TO PROCEED
Date: April 30, 2003
TO: Connell Resources. Inc.
(Contractor)
PROJECT: Timberline Road Waterline and Roadway Improvements, Phase 1 A
CONTRACT FOR: Installation of 30" Steel Pipeline and Appurtenances
Agreement Date: April 24, 2003
OWNER: Fort Collins - Loveland Water District Engineers Proj. No. 0918-030
You are notified that the Contract Time under the above contract will commence to run on
May 5.2003. By that date, you are to start performing the work and your other obligations under
the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial
Completion and Final Completion for the entire project are August 10, 2003, and
August 24, 2003, respectively.
Before you may start any work at the site, paragraph 2.05 of the General Conditions provides that
you and Owner must each deliver to the other (with copies to Engineer) certificates of insurance
which each is required to purchase and maintain in accordance with the Contract Documents.
Work at the sftqjpw&Wtarted by May 5. 2003 as indicated in the Contract Documents.
N'ta N'c r
Copy to Engineer...... —
(Use Certified Mail, Return Receipt Requested)
NP-1
EXHIBIT
IBIT
AGREEMENT cY
for
PROFESSIONAL ENGINEERING SERVICES
for
FORT COLLINS-LOVELAND WATER DISTRICT
TIMBERLINE ROAD WATERLINE AND ROADWAY IMPROVEMENTS
PHASE 113
CONSTRUCTION INSPECTION, CONSTRUCTION ADMINISTRATION
AND CONSTRUCTION SURVEYING
Fort Collins, Colorado
Project No. 0918.0035.00 & 0918.0035.01
This is an AGREEMENT made between THE FORT COLLINS-LOVELAND WATER DISTRICT, a
quasi -municipal corporation and a political subdivision of the State of Colorado (OWNER) and
TST, INC. CONSULTING ENGINEERS (ENGINEER).
Whereas, the OWNER desires to have certain engineering, inspection and surveying services
performed by ENGINEER relative to the construction of the Timberline Road Waterline and
Roadway Improvements, Phase 1 B project.
Whereas, the ENGINEER is duly accredited and this AGREEMENT provides for said professional
engineering services.
Therefore, OWNER and ENGINEER, in consideration of their mutual covenants herein, agree in
respect of the performance of professional engineering services provided by ENGINEER and the
payment for those services by OWNER as set forth in Sections 1 through 4 below.
SECTION 1- Basic Services
For the purposes of this AGREEMENT, the Basic Services shall include construction inspection
and certain construction management tasks, and surveying services associated with the
Timberline Road Waterline and Roadway Improvements, Phase 1A project. Inspections shall be
performed using the approved Contract Documents including plans and specifications and criteria,
manuals and guides referenced therein. Specific tasks to be performed shall be:
1.1 CONSTRUCTION INSPECTION WN 0918.0035 00)
The ENGINEER shall provide staff, hereafter referred to as INSPECTOR, to perform inspection
of work, general construction observation, and inspection of waterline installation and other
work performed in association with the contract for Timberline Road Waterline and Roadway
Improvements, Phase 1 B project.
1.1.1 Engineer will furnish an INSPECTOR, assistants and other field staff to assist
Engineer in observing the performance of the Work of the Contractor.
A. INSPECTOR is Engineer's Agent and will act as directed by and under the
supervision of Engineer, and he will confer with Engineer regarding his actions. His
dealings in matters pertaining to the on -site Work will in general be with Engineer
and Contractor keeping the Owner advised as necessary. His dealings with
Subcontractors will only be through or with the full knowledge and approval of
Contractor. He shall generally communicate with the Owner with the knowledge of
and under direction of Engineer.
B. Duties and Responsibilities: INSPECTOR will:
1. Schedules:
Review the progress schedule, schedule of Shop Drawing submittals, schedule of
values and other schedules prepared by Contractor and consult with Engineer and
OWNER concerning acceptability. Engineer will make recommendations to
OWNER regularly and upon request.
2. Conferences and meetings:
Attend meetings with Contractor, such as preconstruction conferences, progress
meetings and other job conferences and other project related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as Engineer's liaison with Contractor, working principally through
Contractor's superintendent to assist him in understanding the intent of the
Contract Documents. Assist Engineer in serving as Owner's liaison with
Contractor when Contractor's operations affect Owner's on -site operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples
b. Receive samples which are furnished at the site by Contractor for
Engineer's review, and notify Engineer of their availability for examination.
C. Advise Engineer and Contractor of the commencement of any Work
requiring a Shop Drawing or sample submission if the submission has not
been approved by Engineer.
d. Shop drawings will be approved by Engineer with concurrence of OWNER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
2
a. Conduct on -site observations of the Work in progress to assist Engineer in
determining that the Work is proceeding in accordance with the Contract
Documents.
b. Report to Engineer and OWNER whenever he believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspections, tests or approvals required to be made; and advise
Engineer when he believes Work should be corrected or rejected or should
be uncovered for observation, or requires special testing, inspection or
approval.
C. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in presence of the appropriate
personnel, and that Contractor maintains adequate records thereof;
observe, record and report to Engineer appropriate details relative to the
test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results or these inspections and
report to Engineer.
6. Interpretation of Contract Documents:
Report to Engineer and OWNER when clarifications and interpretations of the
Contract Documents are needed and Transmit to Contractor clarification and
interpretation of the Contract Documents as issued by Engineer.
7. Modifications:
Consider and evaluate Contractor's suggestions for modification in Drawings or
Specifications and report with his recommendations to Engineer and OWNER.
Transmit to Contractor decisions issued by Engineer.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions or original
Contract Documents including all Work Directive Changes, Addenda,
Change Orders, Field Orders, additional Drawings issued subsequent to
the execution of the Agreement, Engineer's clarifications and
interpretations of the Contract Documents, progress reports and other
Project related documents.
b. Keep a diary, daily report form, or log book, recording hours on the job site,
weather conditions, data relative to questions of Work Directive Changes,
Change Orders, or changed conditions, list of job site visitors, daily
activities, decisions, observations in general and specific observations in
more detail as in the case of observing test procedures; send copies to
Engineer.
C. Record names, addresses and telephone numbers of all Contractors,
subcontractors and major suppliers of equipment and materials.
3
warranties related to the specific items identified on Change Order No. 3, and assign to the City
the right to reuse any documents generated for the Project.
3. Payments by City.
a. The City shall pay to the District the amount of $500,000.00 as shown on
Change Order No. 3, on or before December 19, 2003, for use by the District only toward the
costs reasonably associated with the performance by the Contractor of Change Order No. 3. The
District will administer and enforce all aspects of the Connell Agreement, and will deliver any
unused portion of the $500,000.00 back to the City upon termination of the Change Order No. 3,
or after advertisement and final payment is made pursuant to the Connell Agreement.
b. The City shall pay to the District the amount of $77,840.00 as shown in
the TST Agreement, on or before January 8, 2004 for use by the District only toward the costs
reasonably associated with the performance by TST of the TST Agreement. The District will
administer and enforce all aspects of the TST Agreement, and will deliver any unused portion of
the $77,840.00 back to the City upon termination of the TST Agreement, or after final payment
is made pursuant to the TST Agreement.
C. The City shall be entitled to a full accounting for any Project costs,
payments or funds, and shall have access to any records or documentation associated with the
Agreements or with the Project.
4. All the terms of this Partial Assignment Agreement shall apply to Change Order
No. 3. Any subsequent change orders to either of the Agreements shall also be incorporated into
this Partial Assignment Agreement and shall be subject to the terms and conditions set forth
herein, provided that the City has approved any such change order, and paid to the District the
sum required for the agreed upon share of work to benefit the City.
5. If there is any dispute with respect to the allocation of Project items and related
costs between the District and the City, TST shall make a written declaration of such disputed
items, which documentation shall be provided to the District and the City to assist in the
resolution of the dispute.
6. Contractor has pledged a Performance Bond and a Payment Bond to serve its
obligations under the Connell Agreement (the "Bonds"). Contractor has certain warranty
obligations under the Connell Agreement. The District will execute such documents and take
such actions as the City may reasonably require to enforce these Bonds and warranties with
respect to the Contractor's work for the City. Each party hereby agrees to execute and deliver
from time to time, at the request of another party and without further consideration, such
additional instruments, and to take such additional action as such other party may reasonably
request to more effectively implement the terms and conditions of this Partial Assignment
Agreement, including the execution of such documents as may be necessary to fully and
VA
d. Provide complete copies of all records to OWNER at completion of project
and furnish individual records to OWNER upon request by OWNER or as
needed.
9. Reports:
a. Furnish Engineer periodic reports, as required of the progress of the Work
and of Contractor's compliance with the progress schedule and schedule of
Shop Drawings and sample submittals.
b. Consult with Engineer and OWNER in advance of scheduled major tests,
inspections or start of important phases of the Work.
C. Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from Contractor and recommend to Engineer and OWNER
Change Orders, Work Directive Changes, and Field Orders.
d. Report immediately to Engineer and Owner upon the occurrence of any
accident.
10. Payment Requests:
a. Review applications for payment with Contractor and OWNER for
compliance with the established procedure for their submission and forward
with recommendations to Engineer, noting particularly the relationship of
the payment request to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the
Work.
b. Engineer will process pay applications with cut-off date for each month
falling on the last Friday of every month. Engineer will prepare pay
applications and present recommendation to OWNER in a timely manner.
C. Engineer will prepare change orders and submit to OWNER with
recommendations regarding payment.
d. Engineer will not be responsible for delivery of payment from OWNER to
CONTRACTOR.
11. Certificates, Maintenance and Operation Manuals:
During the Course of Work verify that certifications, maintenance and
operations manuals and other data required to be assembled and furnished by
Contractor are applicable to the items actually installed and in accordance with
the Contract Documents, and have this material delivered to Engineer for
review and forwarding to Owner prior to final payment of the Work.
12. Completion:
a. Before Engineer issues a Certificate of Substantial Completion, meet with
OWNER, then submit to Contractor a list of observed items requiring
correction or completion.
b. Conduct final inspection in the company of Engineer, Owner and
Contractor and prepare a final list of items to be corrected or completed.
C. Observe that all items on final list have been corrected or completed and
make recommendations to Engineer and OWNER concerning acceptance.
J
C. Limitation of Authority:
INSPECTOR shall not:
1. Authorize any deviations from the Contract Documents or accept any substitute
materials or equipment, unless authorized by Engineer.
2. Exceed limitations of Engineer's authority as set forth in the Contract Documents.
3. Undertake any of the responsibilities of Contractor, Subcontractors, or
Contractor's superintendent.
4. Advise on, or issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures for construction
unless such is specifically called for in the Contract Documents.
5. Advise on or issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than
Contractor.
7. Authorize Owner to occupy the Work in whole or in part.
8. Participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by Engineer.
1.1.2 The INSPECTOR shall provide inspections of adequate detail to determine that the
work generally complies with the approved construction plans, standards and
criteria, and general construction practices and standards. The INSPECTOR shall
work with the contractors and OWNER'S geotechnical consultants to ensure that all
necessary tests are performed and properly reported (trench backfill and
compaction, street subgrade preparation/proof rolls, asphalt placement and
compaction, concrete forms/reinforcement/ placement and strength testing, welding,
etc...). The inspector shall be present for potable water line pressure and leak tests,
chlorination, and bacteriological test sampling.
1.2 CONSTRUCTION ADMINISTRATION WN 0918.0035.00)
1.2.1 Engineer will provide certain services related to management and administration of the
Timberline Road Waterline and Roadway Improvements, Phase 1 B project including:
A. Facilitation and coordination of a pre -construction conference.
B. Facilitation and coordination of weekly meetings.
C. Review shop drawing submittals and provide recommendations and/or approvals.
D. Process payment applications, substantial completion, final acceptance, change
orders, etc.
E. Coordination with OWNER's other consultants and suppliers for services to be
provided in conjunction with work related to the project.
1.3 CONSTRUCTION SURVEYING WN 0918.0035.01)
1.3.1 The ENGINEER will provide office coordination and construction staking according
to the following:
5
1.3.1.1 Silt fence along Timberline Road and temporary construction fencing within
the City of Fort Collins Natural Area will be staked on approximate two
hundred foot intervals and at appropriate angle points. (Approximately 75
points).
1.3.1.2 Once the asphalt has been removed from the roadway, slope stakes will be
set at the current shoulder with offsets given to the design shoulder and toe
of slope at two hundred (200') intervals along both sides of the roadway.
(Approximately 20 points).
1.3.1.3 Bluetops will be set one time at fifty (50) foot intervals at centerline and
both edges of roadway in the area where the full asphalt width has been
removed. (Approximately 160 points).
1.3.1.4 The water line shall be staked at every joint at an off -set to be determined
by the contractor. All fittings, deflection points, and any other points
necessary for establishing the line will be staked on the same offset line.
Cuts will be established at all points to insure proper depth of the line. Fire
hydrants and services will be staked with a double ten -foot (10') offset.
(5,378 feet of 30" pipe, 20 feet of 8" pipe, 302 feet of 6" pipe, 48 feet of 4"
pipe. Approximately 250 points).
1.3.1.5 The sanitary sewer line shall be staked at a fifteen foot (15') off -set as
follows: The line shall be stationed every twenty-five feet (25'). Cut sheets
shall be provided indicating the percent and grade of the sewer line with
cuts given to the flowline of the sewer line. (Approximately 100 feet of pipe,
2 manholes, and 8 points).
1.3.1.6 The box culverts shall be staked with an offset to be determined by the
contractor with a double offset at either end of the group of culverts. The
mid point of the culverts will also be staked on either side of the group. Cut
sheets shall be provided indicating the percent and grade of the culverts.
Head walls and wing walls will be staked with an offset convenient to the
contractor at either end of the structure. (Approximately 18 points).
1.3.1.7 Within the wetland mitigation area, the new top of bank will be staked on
approximate one hundred (100) foot intervals with an offset given to the
toe. The top of the pond will be staked at approximate fifty (50) foot
intervals with an offset given to the toe. After the initial excavation, the low
flow channel will be staked at an offset convenient to the contractor at
approximate one hundred (100) foot intervals. The low flow constriction will
be staked at the top with an offset given to the toe - approximately five
stakes on either side of the channel. (Approximately 50 total points).
1.3.1.8 Record Drawings - Field surveying provided to locate horizontal location of
all water valves, fire hydrants, meter pits, etc. as installed and constructed
by the contractor. Field surveying provided to locate horizontal and vertical
location of sanitary sewer and storm drainage facilities as installed and
constructed by the contractor. Drawing of record prepared and submitted
to FCLWD and City of Fort Collins.
SECTION 2 - Additional Services
Services not contemplated in Section 1, which may be required. If such work is to be performed
as typical duties, as determined by the OWNER and the ENGINEER, a change order to the
AGREEMENT will be prepared and presented to the OWNER prior to initiation of said work.
Descriptions of additional services, compensation, and period -of -services adjustments will be
presented in the change order, prior to starting any additional services.
Specific services not included in this AGREEMENT include, but are not limited to:
2.1 Enforcement of County, State, or Federal regulations pertaining to construction site safety,
pollution, hazard mitigation, endangered or threatened species, wetlands mitigation, etc...
2.2 Restaking or additional field surveying not contemplated in Section 1.
2.3 Participation in contractor safety meetings or enforcement of Contractor safety practices or
policies.
2.4 Accept delivery of owner -furnished materials or any other duty or responsibility of the
Contractor or sub -contractors.
SECTION 3 - Period of Service
The Period of Service for this work shall commence upon the signing of this contract by the
OWNER and shall end upon completion of all Basic Services. Work shall progress in a timely
manner to support the schedule established by the OWNER and ENGINEER, see Exhibit "B".
SECTION 4 - Compensation
4.1 Methods of Payment for Services and Expenses of Engineer
4.1.1 Services provided under Section 1.1 and 1.2 (PN 0918.0035.00) will be based on
hourly rates plus expenses according to the ENGINEER's then current Schedule
of Fees (Exhibit A), estimated not to exceed $112,000.00.
4.1.2 Services provided under Section 1.3 (PN 0918-034) will be based on hourly rates
plus expenses according to the ENGINEER's then current Schedule of Fees
(Exhibit A), estimated not to exceed $18,000.00.
4.1.3 Services provided under Section 2 - Additional Services, will be based on hourly
rates plus expenses according to the ENGINEER's then current Schedule of
Fees (Exhibit A).
4.2 Times of Payments
The ENGINEER shall submit monthly invoices for a portion of the lump sum fee based
upon ENGINEER's estimate of the proportion of the services actually completed at the time
of billing.
7
4.3 Other Provisions Concerning Payments
4.3.1 If OWNER fails to make any payment due ENGINEER for services and
expenses within forty five days after receipt of ENGINEER's invoice, the amounts
due ENGINEER will be increased at the rate of 1'/2% per month from said forty
fifth day, and in addition, ENGINEER may, after giving seven days' written notice
to OWNER, suspend services under this AGREEMENT until ENGINEER has
been paid in full all amounts due for services, expenses, and charges. If it is
necessary to retain an attorney to enforce collection, reasonable attorney's fees
and court costs will be added to the amount otherwise due ENGINEER.
4.3.2 In the event of termination by OWNER under paragraph 6.1.2 upon the
completion of any phase of the Basic Services, progress payments due
ENGINEER for services rendered through such phase shall constitute total
payment for such services. In the event of such termination by OWNER during
any phase of the Basic Services, ENGINEER will be paid for services rendered
during that phase on the basis of ENGINEER's hourly rates based on current
Schedule of Fees for services rendered during that phase to date of termination
by ENGINEER's principals and employees engaged directly in work on the
Project. In the event of any such termination, ENGINEER also will be
reimbursed for the charges of independent professional associates and
consultants employed by ENGINEER to render Basic Services and for all unpaid
Additional Services and unpaid Reimbursable Expenses, plus all termination
expenses. Termination expenses mean Reimbursable Expenses directly
attributable to termination which, if termination is at OWNER's convenience, shall
include an amount computed as a percentage of total compensation for Basic
Services earned by ENGINEER to the date of termination.
4.3.3 It is understood and agreed that any appropriation of funds or other
arrangements for funds necessary for covering payments due ENGINEER under
the various Sections of this AGREEMENT have been made or will be made by
the OWNER as the work progresses. It is further agreed that the OWNER shall
inform the ENGINEER regarding any pertinent arrangements for funds as the
work proceeds.
4.3.4 It is understood and agreed that the OWNER not the property owner is
responsible for all payments under this AGREEMENT.
SECTION 5 - Owner's Responsibilities
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
5.1 Designate in writing a person to act as OWNER's representative with respect to the
services to be rendered under this AGREEMENT. Such person shall have complete
authority to transmit instructions, receive information, interpret and define OWNER's
policies and decisions with respect to ENGINEER's services for the Project.
5.2 Provide all criteria and full information as to OWNER's requirements for the project,
including design objectives and constraints, space capacity and performance requirements,
s
flexibility and expendability, and any budgetary limitations, as well as furnish copies of all
design and construction standards which OWNER will require to be included in the
Drawings and Specifications.
5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the Project including previous reports and any other data relative to design or construction
of the Project.
5.4 The OWNER shall be responsible for negotiating and acquiring all required properties
and/or easements necessary for the completion of all components of the project.
SECTION 6 - General Considerations
6.1 Termination
6.1.1 The obligation to provide further services under this AGREEMENT may be
terminated by either party upon thirty days' written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof through no
fault of the terminating party. Upon receipt of the written notice to terminate the
defaulting party shall have ten days to cure the default to the satisfaction of the
terminating party.
6.1.2 Termination for convenience: OWNER shall, at it's sole option and discretion, have
the right to terminate this AGREEMENT for any reason whatsoever by providing
ENGINEER with a written notice to terminate to be effective upon five (5) days after
notifying ENGINEER by registered mail, return receipt requested. Whenever
ENGINEER is terminated for convenience under this clause or is wrongfully
terminated under any other clause of this AGREEMENT, ENGINEER shall be
entitled to be paid a pro rata percentage of completion as of the date of termination.
6.2 Reuse of Documents
All documents including Drawings and Specifications prepared or furnished by ENGINEER
(and ENGINEER's independent professional associates and consultants) pursuant to this
AGREEMENT are instruments of service in respect of the Project. OWNER may make
and retain copies for information and reference in connection with the use and occupancy
of the Project by OWNER; however, such documents are not intended or represented to be
suitable for reuse by OWNER or others on extensions of the Project or on any other
project. Any reuse without written verification or adaptation by ENGINEER for the specific
purpose intended will be a OWNER's sole risk and without liability or legal exposure to
ENGINEER or the ENGINEER's independent professional associates or consultants, and
OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent
professional associates and consultants from all claims, damages, losses and expenses
including attorneys fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER.
6.3 Insurance
9
ENGINEER shall procure and maintain insurance for protection from claims under workers'
compensation acts, claims for damages because of bodily injury including personal injury,
sickness or disease or death of any and all employees or of any person other than such
employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
6.4 Limitation of Liability
OWNER, in consideration of the fee negotiated for the Project, specifically agrees to limit
the liability of ENGINEER and its officers, directors, shareholders, partners, agents and
employees for all damages of any kind or nature associated with errors or omissions of the
ENGINEER, to the sum of $500,000.00.
6.5 Controlling Law
This AGREEMENT is to be governed by the law of the State of Colorado.
6.6 Successors and Assigns
6.6.1 OWNER and ENGINEER each is hereby bound, and the partners, successors,
executors, administrators, assigns, and legal representatives of OWNER and
ENGINEER are hereby bound to the other party to this AGREEMENT and to the
partners, successors, executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all covenants, agreements and
obligations of this AGREEMENT.
6.6.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under
or interest in (including, but without limitation, moneys that may become due or
moneys that are due) this AGREEMENT without the written consent of the other,
except to the extent that any assignment, subletting, or transfer is mandated by
law or the effect of this limitation may be restricted by law. 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 this
AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER
from employing such independent professional associates and consultants as
ENGINEER may deem appropriate to assist him in the performance of services
hereunder.
6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or
benefits in this AGREEMENT to anyone other than OWNER and ENGINEER,
and all duties and responsibilities undertaken pursuant to this AGREEMENT will
be for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
10
SECTION 7 - EXTENT OF AGREEMENT
This AGREEMENT (consisting of pages 1 to 11, inclusive), and the attached Exhibit A, constitute
the entire AGREEMENT between OWNER and ENGINEER and supersede all prior written or oral
understandings. This AGREEMENT and said Exhibits may only be amended, supplemented,
modified, or canceled by duly executed written instrument.
In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day
and year signed by the OWNER.
FORT COLLINS-LOVELAND WATER DISTRICT
(OWNER)
M
Title:
Date:
Attest:
TST, INC. CONSULTING ENGINEERS
(ENGINEER)
By:
Title: President Attest:
Date:
11
EXHIBIT 3
CHANGE ORDER #3
COST SCHEDULE - CONNELL RESOURCES, INC.
TIMBERLINE ROAD - WATERLINE AND ROADWAY IMPROVEMENT - PHASE I
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EXHIBIT 3
COST SCHEDULE - CONNELL RESOURCES, INC.
TIMBERLINE ROAD - WATERLINE AND ROADWAY IMPROVEMENT - PHASE I
No.
Item
louantitylUnits
Unit Cost
Total
4" CONNECTION @ CARPENTER (STA. 62+24.77)
JOIN TO PHASE 1A (STA. 63+25.00)
423 791.20
Water Subtotal
2. SANITARY SEWER
Sanita Sewer Subtotal
32 724.00
3. BOX CULVERT Q FOSSIL CREEK
CULVERT
1
L.S.
$243,688.00
$
243,688.00
WINGWALL
1
L.S.
$35,122.00
$
35,122.00
HEADWALL
1
L.S.
$32,294.00
$
32,294.00
REMOVE EXISTING ASPHALT
608
S.Y.
$2.70
$
1,641.60
RESEED WETLANDS
0.09
AC.
$1,741.00
$
156.69
REMOVE B DISPOSE OF EXISTING 4" AC PIPING
130
L.F.
$17.00
$
2,210.00
REMOVE EXISTING 72" CULVERTS
1
L.S.
$1,596.00
$
1,596.00
Box Culvert Subtotal
316 708.29
4. EARTHWORK
ROADWAY
UNCLASSIFIED EXCAVATION
1,489
C.Y.
$3.10
$
4,615.90
EMBANKMENT (FROM MITIGATION AREA)
9,381
C.Y.
$3.10
$
29,081.10
EMBANKMENT STABILIZATION (PIT RUN OR SIMILAR, INCLUDING FABRIC)
6,640
TON
$10.00
$
68,400.00
MITIGATION AREA
REMOVE TOPSOIL (4") - HAUL OFF -SITE
1,537
C.Y.
$8.40
$
12,910.80
REMOVE i2" MATERIAL & STOCKPILE
4,390
C.Y.
$3.40
$
14,926.00
UNCLASSIFIED EXCAVATION
7,892
C.Y.
$2.90
$
22,806.80
EMBANKMENT FOR RESTORATION AREA
1,556
C.Y.
$2.40
$
3,734.40
REPLACE 12" FROM STOCKPILE
4,390
C.Y.
$5.10
$
22,389.00
Earthwork Subtotal
178 944.00
5. ROADWAY
TIMBERLINE RD - TRANSITION AREA
SAWCUT E REMOVE EXISTING ASPHALT
6.637
S.Y.
$2.70;
$
15,219.90
TIMBERLINE RD - REMAINING PORTION
REMOVE EXISTV 3 ASPHALT''
9,898 '
S.Y.
$2.70
$
26,724.60
Roadway Subtotal
!I&"---5Ojl
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effectively enforce the Contractor's warranty and bond obligations pertaining to the work under
the Connell Agreement.
DISTRICT: FORT COLLINS-LOVELAND WATER
DISTRICT
CITY:
ATTEST:
By:
Title: Gshsva\ VKa�AAa.cr
CITY OF FORT COLLINS, COLORADO
By.
a es B. O'Neill II, CPPO, FNIGP
D rector of Purchasing and Risk Management
3
APPROVED AS TO FORM:
Assistant City Attorn
EXHIBIT 3
COST SCHEDULE - CONNELL RESOURCES, INC.
TIMBERLINE ROAD - WATERLINE AND ROADWAY IMPROVEMENT - PHASE I
INO.1
Item
Quantityl
Units
Unit Cost
Total
6. MITIGATION AREA
TYPE L RIPRAP
150
C.Y.
$89.00
$ 13.350.00
ROCK SILT DIKE
2
EA.
$3,825.00
$ 7,650.00
ROOT WADS
4
EA.
$1,989.00
$ 7,956.00
EROSION CONTROL FABRIC
12.800
S.F.
$0.45
$ 5,760.00
TEMPORARY CONSTRUCTION FENCING - HAUL ROAD/CONST LIMITS
5,066
L.F.
$0.85
$ 4,306.10
Miti atlon Area Subtotal
39 022.10
7. MISCELLANEOUS
MONLIZATION
1
LS.
S20,440.00
$ 20,440.00
T "dCONrTROL
1
L.S.
$31A00.00
$ 31,000.00
SIGNS
1
L.S.
$182,G0
i S 182.00
:1 V671N0 TRL S
6
EA.
$1,5Qi 00'
$ 12,728.00
REMOVE & REPLACE EXISTING WOODEN FENCE
30
L.F.
$40.00
$ 1,200.00
REMOVE EXISTING WIRE FENCE
639
L.F.
$0.95
$ 607.05
ft"Mm
0,752
U.
$121)
$ 11,702.40
111i2:E TRI i G OAD
2
EA.
$1106.00
5 3,232.00'
Miscellaneous Subtotal
81 091.45
CONSTRUCTION COST SUB -TOTAL RECAP
1. WATER $ 423,791.20
2. SANITARY SEWER $ 32,724.00
3. BOX CULVERT @ FOSSIL CREEK $ 316,708.29
4. EARTHWORK $ 178,944.00
5. ROADWAY $ 41,944.50
6. MITIGATION AREA $ 39,022.10
7. MISCELLANEOUS $ 81,091.46
CONSTRUCTION COST TOTAL $ 1,114 225.54
DISTRIBUTION OF COSTS
FORT COLLINS-LOVELAND WATER DISTRICT $ 614,225.54
CITY OF FORT COLLINS - STORMWATER $ 250,000.00
CITY OF FORT COLLINS - ENGINEERING $ 250,000.00
® - FORT COLLINS-LOVELAND WATER DISTRICT ONLY
CITY OF FORT COLLINS ONLY
- FCLWD AND CITY
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CONSENT TO ASSIGNMENT
On behalf of Connell Resources, Inc., the undersigned hereby acknowledges and consents to the
partial assignment by the District to the City of its rights and interests under the Connell
Agreement, as set forth in the foregoing Partial Assignment Agreement.
CON L RESOURCES, INC.
By:
4 avid Vice President
W�tlba.T.
Attest: ,
Title:
CONSENT TO ASSIGNMENT
On behalf of TST, Inc., Consulting Engineers, the undersigned hereby Acknowledges and
consents to the partial assignment by the District to the City of its rights and interests under the
TST Agreement, as set forth in the foregoing Partial Assignment Agreement.
TST,
By.
Donald N. Taranto, resi ent
Attest:
Title:
lte �rr+i
Exhibit 1
AGREEMENT
This agreement is dated as of the day of t�-t-D , 2003 (Effective Date) by
and between:
Fort Collins - Loveland Water District (hereinafter called Owner) and Connell Resources, Inc.
(hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK
Contractor shall complete all work as specified or indicated in the Contract Documents. The work
Is generally described as follows: Installation of 9,100 L.F. of 30' steel pipe for potable water
transmission, with appurtenances and cathodic protection.
ARTICLE 2. ENGINEER
The project has been designed by TST, Inc. Consulting Engineers who is hereinafter called
Engineer and who will assume all duties and responsibilities and will have the rights and authority
assigned to Engineer In the Contract Documents in connection with completion of the work In
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 The work will be substantially completed within 108 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions,
and completed and ready for final payment in accordance with paragraph 14.07 of the
General Conditions within 122 calendar days after the date when the Contract Time
commences to run.
3.2 Liquidated Damages: Owner and Contractor recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the work is not substantially complete
within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by Owner if the work is not substantially complete on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty) Contractor shall pay Owner one thousand dollars ($1,000.00) for each
calendar day that expires after the time specified in paragraph 3.1 for substantial completion
until the work is substantially complete.
3.3 After Substantial Completion if Contractor shall neglect, refuse or fail to complete the
remaining work within the Contract Time or any proper extension thereof granted by Owner,
Contractor shall pay Owner one thousand dollars ($1,000.00) for each calendar day that
expires after the time specified In paragraph 3.1 for completion and readiness for final
payment.
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ARTICLE 4. CONTRACT PRICE
4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract
Documents in current funds as follows:
ARTICLES. PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
5.1 Progress Payments. Owner shall make progress payments on account of the Contract
Price on the basis of Contractor's Applications for. Payment as recommended by Engineer,
on or about the 10th day of each month following the month that the Engineer received and
processed the application during construction as provided below. All progress payments will
be on the basis of the progress of the work measured by the schedule of values established
In paragraph 2.05 of the General Conditions (and in the case of Unit Price work based on
the number of units completed) or, in the event there is no schedule of values, as provided
in the General Requirements.
5.1.1 Prior to Substantial Completion progress payments will be in the amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as Engineer shall determine, or Owner may
withhold, in accordance with paragraph 14.02 of the General Conditions.
Ninety percent (90%) of work completed. If work has been 50% completed as
determined by Engineer, and if the character and progress of the work have been
satisfactory to Owner and Engineer, Owner on recommendation of Engineer, may
determine that as long as the character and progress of the work remain satisfactory
to them, retainage may be reduced on account of work completed in which case the
remaining progress payments prior to Substantial Completion may be in an amount
up to or equaling 100% of the work completed.
Ninety percent (90%) of materials and equipment not incorporated in the work (but
delivered, suitably stored and accompanied by documentation satisfactory to Owner
as provided in paragraph 14.02 of the General Conditions).
5.1.2 Upon Substantial Completion in an amount sufficient to increase total payments to
Contractor to ninety-five percent (95%) of the Contract Price, less such amounts as
Engineer shall determine or Owner may withhold In accordance with paragraph
14.04 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the work in accordance with
paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract
Price as recommended by Engineer as provided in said paragraph 14.07.
ARTICLE 6. INTEREST
All moneys not paid when due hereunder as provided in Article 14 of the General Conditions shall
bear interest at a rate not exceeding 12.0 percent per annum.
A-2
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement Contractor makes the following
representations:
7.1 Contractor has familiarized himself with the nature and extent of the Contract Documents,
work, site, locality, and with all local conditions, existing agreements and Laws and
Regulations that in any manner may affect cost, progress, performance, or furnishing of the
work.
7.2 Contractor has studied carefully all reports of explorations and tests of subsurface conditions
and drawings of physical conditions which are identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions, and accepts the determination set
forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which Contractor is entitled to reply.
7.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.2 above) which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the work as Contractor considers
necessary for the performance or furnishing of the work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of paragraph 4.02 of the General
Conditions; and no additional examinations, investigations, explorations, tests, reports,
studies or similar information or data are or will be required by Contractor for such purposes.
In particular, Contractor has, at a minimum, obtained and carefully studied all reports,
studies, and documents listed in paragraph SC-4.02 of the Supplementary Conditions.
7.4 Contractor has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data In respect of said Underground Facilities are or will be required by
Contractor In order to perform and furnish the work at the Contract Price, within the Contract
Time and In accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.04 of the General Conditions.
7.5 Contractor has correlated the results of all such observations, examinations, investigations,
tests, reports and data with the terms and conditions of the Contract Documents.
7.6 Contractor has given Engineer written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by Engineer is
acceptable to Contractor.
ARTICLE 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the work consist of the following:
8.1 This Agreement (pages 1 to 5, inclusive).
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8.2 Performance and Labor and Material Payment Bond.
8.3 Notice of Award.
8.4 General Conditions (pages 1 to 44, inclusive).
8.5 Supplementary Conditions (pages 1 to 8, inclusive).
8.6 Drawings, consisting of a cover sheet and sheets numbered 1 through 16 inclusive with
each sheet bearing the following general title: Timberline Road Waterline and Roadway
Improvements, Phase 1A
8.7 Specifications and attached Appendices
8.8 Contractor's Bid (pages 1 to 7, inclusive, plus attachments).
8.9 The following which may be delivered or issued after the Effective Date of the Agreement
and are attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to paragraphs 3.04 of the
General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of
the General Conditions.
ARTICLE 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but 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 that assignor from
any duty or responsibility under the Contract Documents.
9.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Contractor agrees to warrant all work for a period of one (1) year after final completion and
initial acceptance of the work, unless longer warranty periods are required by the Local
Entities.
9.5 Owner and Contractor recognize the Temporary Construction Easement Agreements
.. between Owner and Private Property Owners. Owner and Contractor agree that as
liquidated damages for any violation of the boundaries of the temporary construction
easement by vehicle, equipment, material, personnel or physical property under the
authority or ownership of Contractor or Contractor's sub -contractors for any purpose,
other than the final seeding and mulching, the Contractor shall pay Owner one thousand
A-4
dollars ($1,000.00) for the first violation as so defined, two thousand dollars ($2,000.00)
for the second violation, and five thousand dollars ($5,000.00) for each subsequent
violation thereafter.
ARTICLE 10. OTHER PROVISIONS
In witness whereof, the parties hereto have signed this Agreement in triplicate. One counter part
each has been delivered to Owner, Contractor and Engineer. All portions of the Contract
Documents have been signed or identified by Owner and Contractor or by Engineer on their
behalf.
This Agreement will be effective on ADJV-i 1 aY , 2003.
Owner. Fort Collins - Loveland Water District
Ucense No.
(CORPORATE SEAL)
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