HomeMy WebLinkAbout110871 CLARK CONSTRUCTION - CONTRACT - BID - 4401607 BID 5681 FOSSIL CREEKSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Clark Construction Company, Inc., hereinafter referred to as "Service Provider".
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of thirteen (13) pages, and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated upon signing. Substantial Completion shall be
completed no later than May 15, 2004 and Final Completion shall be completed no later than May
30, 2004. Time is of the essence. Any extensions of the time limit set forth above must be agreed
upon in a writing signed by the parties.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
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4. Verify that climbing wall meets the requiremsnrs of the memo prepored by Howard Duff of
the Larson Company, The memo referred to hero is the memo shot Howard prepared
during a construction observation site visit.
5. Gap between landslide wall and metal rail is too wide in one location. Extend wall up to
reduce gap width.
6. Sharp areas exist on black areas on the bottom of the Mammoth. Remove sharp edges.
7. Replace damaged light fixture north of playground.
ROLLER HOCKEY (BHA)
l . Patch small area in SW corner of hockey slab. Snow covered, could not review.
2. Repair latch on maintenance gate.
3. Re -paint lines on rink. Paint is faking off.
4, Repair concrete at northwest corner of hockey rink near ADA parking.
5. Repair concrete edger between hockey rink and skatepark .near north entrance to skate
pork.
6. Provide 5:1 slopes max around inlet at west end of hockey rink. Reseed. Still steep
around both ends of pipe SW of the rink.
7. Sod blocking outlet of culvert, west side of rink. Provide concrete headwalls. Southern
culvert is still too deep around headwall.
NORTHEAST PARKING LOT (BHA)
1. Concrete curb cracked near sidewalk that goes between roller hockey and skotepark.
Replace this section of curb/gutter,
2. Adjust elevation of two water valves in asphalt just west of dog park. Valves coves are not
set straight and are set too low.
3. Parking lot striping is not sticking in many areas. Clean parking lot surface and repoint
stripes
4. Red romp at northwest end of parking lot is missing. Verify with City if this is required and
talk with Roger about ramp location if needed.
5. Several large puddles in soil cement on no, parking lot. Regrade low spots to allow
drainage.
BALL FIELDS / PLAZA/ CONCESSIONS BUILDING (BHA)
1. Cap or cut off tip of roof screws on underside of dugout shelters.
2.' Ncutilus shell stain still needs to be cleaned of to evoluote. Sandblast per drowino
prepared by Rob Layton.
3. Repair damaged concrete edger east of concessions bdg.
4. _MARS +8 to direct CCC on repairing and/or replacing of concrete on top of Concessions
Bldg,
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5. Chipped concrete edger at planting bed SW of ballfields (NE corner of west parking lot)
6. Joint where beam enters building above utility door is concessions area is open, why not
sealedZ
7. Corner where guardrail attaches to parapet wall needs to be caulked at concrete level,
double check Gopol's fix on filling hole in block directly below.
8. Repair crack of west corner of nautilus paving pattern.
9. CMU block is missing in storage areas of the score keepers booths.
10. Crack in sidewalk south of west ball field need to be repaired.
11. Clean up grading next to first base dugout on the east ball field.
12. Crooked light south of west balifield, NW of know @ shelter
13. Bollfield fencing missing intermediate and terminal post bracing.
LAKE PAVILION (BHA)
1. Install required concrete edger around Lake Pavilion.
2. Add rip -rap to end of parking lot drain into wetland area. Some added by needs to extend
5 feet further south.
3. Soil cement elevation incorrect. Soil Cement surface shall be flush with the top step closest
to the'loke.
WATER FEATURE (BHA)
1. Repair concrete edger north of water runnels.
2. Remove silt from sand bed and proved additional sand to complete the area. May need
to do again after damaged concrete edger is replaced.
3. Short water feature planting well — add shotcrete to fill in, point to match.
4. The water feature pump system is not complete. After this pump is complete is will be
reviewed by Aquo Engineering.
5. Work with City, Aqua Engineering and BHA to adjust the water flows in the water feature.
6. There are several low spots in the water feature pools and runnels that do not drain. Pools
and runnels shall drain fully when feature is turned off.
7. During opening day of the pork the water feature was leaking behind the shotcrete wall.
Repair the leak.
8. Verify thot weep holes are p: ovided in the shotcrete wall at the water feature, per the
plans.
9. Replace brass drain caps in upper and lower pools at water feature.
10. Provide saw -cut joints in newly poured exposed cggregate paving In between runnels. Saw
cut joint so connect to east/west joints in the middle.
ADVENTURE ISLAND (BHA)
1. Concrete fence post footings shall extend up to finis grade as detailed.
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2. Low area near tusk gateway exists on adventure island that does not drain. Regrode to
provide positive drainage.
3. Soil cement path is covered with soil in many areas. Remove soil.
4. Remove concrete debris
5. Valve pipe by south bridge of adventure island shall be cut down valve pipe, capped and
placed in a valve box per a previous change order.
6. Verify that new light fixture is installed north of island.
7. The fine grading at the northern and of adventure island east of the trail needs to be
finished.
8 Soil Cement Path does no appear to extend to waters edge, as designed
BASKETBALL COURT (BHA)
l . Repair chips in concrete perimeter beam.
2. Finish grading around basketball court is not completed.
3. Holes in turf atone pavers need to be filled flush with the top of the block with amended
soil, and then seed these areas.
4. Striping of key (free through area) Nvas designed incorrectly. Must be re -striped to provide
15•foot free throw line and circle. Process additional costs through BHA Design.
5. Install northern trash can to block exposed lighting control conduit on light pole.
Placement of trash can shovld reduce trip hazard. Still worried about long-term durability
and safety of electrical conduit. Contractor to suggest solution.
6. Base cover of the light pole at the northeast corner of the basketball courts has been cut
open and peeled open. Replace base cover on this light pole.
7. Picnic Tables on Adventure Island ore missing. Location of tables can be adjusted if
grading requires.
OVAL PAVILION / TIME WALK (BHA)
l . Block retaining wall north of oval pavilion. Grading at east end of wall needs to be
elevated to conceal at least hove of lower course. Ensure that swale south of wall will still
flow.
2. Light pole south of the oval pavilion has a conduit sticking out of the base. Conduit needs
to be in concrete base and replace decorative base as it was cut.
3. Several swales are shown on the grading plan around the Oval Pavilion. It does not
appear that this area has been graded per the plans. Water is collecting in some areas
west of the Oval Pavilion. Install swales per the grading plan.
4. Repair holes, damaged edges and trenches in soil cement poths at time walk.
5. A low spot exists in the Swale north of the oval pavilion near the soil cement oval path.
Regrade Swale to provide positive drainage.
6. Provide continuous smooth line at edge of sandstone paving southwesi of the oval
Pavilion.
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7. Electrical around front cantor between restroom buildings needs screws cut off.
8. Picnic tables to be adjusted so that benches are level, or replace picnic tables.
9. Edges of soil cement path are ragged and not aligned per the plans.
10. Roof seam in Oval Pavilion is leaking .
TENNIS COURTS (BHA)
I . Remove soil and other debris from court. Swale northwest of courts is missing and
drainage is flowing over courts. Provide swale to direct drainage away from court surface.
2. Welds on latches at tennis court to be ground smooth and pointed to match posts.'
•3. Still need rest of wind barrier fabric on tennis courts on west gate.
4. Rolls of wind barrier fabric shall be removed and c finished edge shall be provided) where
rolls exist.
5. Tension wire on knoll side is really loose.
6. Wire mesh scraping court surface is several spots. Repair and repaint court surface where
domagod.
7. Ear northwest comer of fence near oval, wire mesh is so high that a ball can go under it.
Lower mesh.
8. Fence fresh on west side is hanging too low, scratching surface.
OTHER AREAS (BHA)
1. Add soil in Pond I next to crusher fines trail where trail is less than 3 feet from the waters
edge. Soil was added in some locations, but Is covering 5 foot wide crusher fines trail. Soil
is also placed on top of frozen lake. This work should be dons in spring.
2. Elevation of regional trail/crusher fines is too high along south edge of park, and is
blocking drainage. Regrode this area so that drainage will flow, across trail.
3. Edge of regional trail is damaged south of west entry drive.
4. Damaged edge of regional trail southwest of Lake Pavilion.
5. Replace damaged concrete in regional trail approximately 50 feet north of Adventure
Island.
6. Enst edge of regional trail is damaged south of Adventure Island (opprox 50 feet scuth of
bicycle rocks).
7. Grading around crusher fines sidewalk/sandstone steps north,. -test of tennis courts need to
be improved. Provide smooth transition from steps/traii to grass.
8. Soil cement path near the shelter north of art feature in the pond - need to remove pile of
soil cement left behind.
9. Missing a cup on the wall by the art feature. Caps shall be glued down. Replace broken
cop as well.
0. South side of trail south of adventure island, Drainage Issue - crusher fines and regional
trail not allowing drainage to pond, also south of neighborhood connection another area
needs to be piped under the walk.
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11. Utility box near Lemoy by Maintenance Bldg is covered by excess grades.
12. The horizontal slots are broken on the bench south of the art piece by the largest pond.
Repoir or replace this bench.
13. Insulation not provided above offices In Maintenance Building. Verify with Gopol that
insulation is needed in roof area above offices.
14. Provide concrete headwall on end of sidewalk culvert pipe at southern connection into
Huntington Hills (check plans).
15. Wood footbridge into Huntington Hills neighborhood has o trip hazard at both ends. One
end as much as 2 inches.
16. Picnic table in the outlying areas (south of ponds, adventure island, north of creek, etc.)
have not been installed.
17. Install missing concrete edger around planting beds, per the plans. Curb missing at Lake
Pavilion, Maintenance Building, South end of Oval near figure B shaped sidewalk.
MEN'S RESTROOM — OVAL PAVILION (RB+B)
1. Caulk all wall and floor joints
2. Paint exposed dryer conduit white.
3. Ail exterior wall require final and thorough cleaning,
4.. The scupper requires a trimming that matches the metal coping,
5. Repair the crack on the concrate floor. General instructions from RB-t-B will follow.
WOMEN'S RESTROOM — OVAL PAVILION (RB+B)
1. Caulk all wall and floor joints
2. Point exposed dryer conduit white.
3. All exterior wall require final and thorough cleoning.
4. Repair the crack -on the concrete floor. General instructions from RB+B will follow
OVAL PAVILION (RB+B)
1. At west side of deck, the deck trim is warped on needs to be straightened.
CONCESSIONS BUILDING (RB+B)
Galvanized deck ceiling needs to be cleaned up.
2. Attach TS 1.1 /2" x 2" rail at the CMU parapet walls to meet code on guardrail height,
3. CMU wall ledge, where steel beam (spans east west) rests, still has open cavity. Fill in the
ledge cavity with grout to protect water from going into wall.
MEN'S AND WOMEN'S RESTROOM — BALLFIELD PLAZA (RB+B)
1. Caulk all wall and floor joints
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WOMEN'S RESTROOM — LAKE PAVILION (RB+B)
T. Caulk all wall and floor joints
2. Point exposed dryer conduil white.
3. The scupper requires a trimming that matches the metal coping.
4. Repair the crack on the concrete floor. General instructions from R8+8 will follow.
5. There is a large opening at the foundation wall that needs to be filled.
MEN'S RESTROOM — LAKE PAVILION (RB+B)
1. Caulk all wall and floor joints
2. Paint exposed dryer conduit white.
3. The scupper requires a trimming that motches the metal coping.
4. Repair the crack on the concrete floor. General instructions from RB+B will follow.
LAKE PAVILION (RB+B)
1. Point exposed conduits white.
IRRIGATION PUMP (Aqua Engineering)
1. Furnish to Owner, four copies of a complete Operation and Maintenance Manual as
specified on Note 6.B. on sheet IR-1 of the contract documents.
WATER FEATURE MECHANICAL (Aqua Engineering)
1. The contractor shall fully winterize the system as soon as possible. The winterization shall
be conducted at a time convenient for Steve Hopkins to observe.
2. The ventilation fan is currently net controlled by any input. It is recommended that the fan
be interconnected wit the light switch, and the, the fan be thermostatically operated.
GENERAL FOR ALL BUIDINGS (Abrahamson Engr.)
1. Seal all dampers to the maintenance sleeves. Air Gap up to'/," were visible at most
installations.
GENERAL FOR ALL BUILDINGS (Abrahamson Engr.)
I. Seal all dampers to the metal sleeves. Air Gaps up to 3/4" were visible of most
installations.
MAINTENANCE BUILDING (Abrahamson Engr,)
l . Clean all debris off the flat roof area. Note that this item could not be verified since the
roof was covered with snow.
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2. Fix the electric unit heater controls to match the approved control drawings. Thermostats
should send a signal to fire, not control the power to the units. The unit heater sub -bases
are to allow for fan operation independent of heater operation. Reference specifications
Section 15950.14. Note that EUH-6 Is operating correctly. Make all others operate like
it does.
3. Modify the duct from the return grille in Tools checkout 109 into the return duct_ The
installed 6" duct is not large enough. Install a 10" duct or larger to match the size of the
supply duct. It might be easier to lust cut a small section of duct from the grille boot into
the bottom of the return. dud above it. The opening should be I D* diomoter or 100
square inches if rectangular.
4. Move EF-9 switch to a location below the fan as indicated on the plans.
5. EF-8 is to be energized with the room lights. Modify this fan for proper control as listed on
the Exhaust Fan Schedule on Sheet W.I. It currently has a wall switch.
6. Check all dampers for proper operation.. Several did not close completely.
7. Seal the damper motor holes or otherwise protect the motors in Wash Boy 115 so wash
water will not get in and damage them.
8. Move the check valve on the cold water supply to the water heater as detailed in RFI #83
Sketch. 't needs to be installed upstream of the branch where the circulat;on line joins into
the cold water to the water heater to prevent hot water flowing back into the cold water
main for tho building.
9. RTU Economizer Nvill need to be checked for proper operation when the outside
temperature is appropriate for it.
10. Plumb to the ice machine directly to the CW pipe branch with a stop valve. It is currently
hooked to the hose bibb.
11. Install metal guards on the exposed sides of the mop service bosin.
12. Finish the g•ade cleanouts. Note that this item could not be verified since the GCO was
buried in snow.
13. The sond and oil interceptor lids were bolted tight so I could not verify piping inside it.
14. Seal wall penetration at exhaust air duct in Chemical Storage 114.
GENERAL TOILET BULIDINGS (Abrahamson Engr.)
I . Seal all exhaust ducts up through the roof. This pours of the Oval and Lake Pavilions.
The gap between the exhaust air dud and roof needs to be insulated and sealed air tight
to maintain the building envelope.
2. Polish all wooer closet seats to a sanitary finish or replace with polished units as marked in
the submittals. Note that the Acorn model listed in the specifications has the polished seat
as the "standard" configuration. T hat is why it is not specifically listed in the fixture
description. The Broeley model submitted has the polished seat as an option, which was
marked in the submittal review to make the products equivalent.
3. Verify proper operation of all occupant sensors and exhaust fans. The Owner has
temporarily blocked the outside air ducts into the restroom buildings because one or more
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were running 24 hours a day, causing the restroom piping to freeze. Once proper
sensor/fon operation is verified, remove the temporcry air blocking cardboard.
CONCESSIONS BUILDING (Abrahamson Engr.)
1. Seol all louvers to the metal sleeves.
2. Paint the wall caps for the exhaust ducts. Seal the duct penetration of the exterior wall.
3. Fix the leak on the west lavatory stop volve in the Women's restroom.
LAKE PAVILION (Abrahamson Engr.)
1. Fix the leak on the Jug Filler hose in the Chase. Note that this item could not be verlf led
since the filler has been shut-off for the winter.
2. Cement around the Grade Cleonout per specifications Section 15440.9.F. Note that this
itern could not be verified since the GCO was buried in snow.
3. Better secure the unit heater in the Men's Chose.
OVAL PAVILION (Abrahamson Engr.)
1. Adjust bubbler flow height on drinking fountain. Note that this item could not be verified
since the fountain has been shut-off for the winter.
2. Better secure the exhaust fan roof cap on the Women's Restroom building.
3. Seal the holes in the OA intake ducts where the thermostat sensor tube is.
ELECTRICAL (ESC)
1. Bosketboll Court: Pushbutton station has a missing ring to hold the speaker in place,
replace the ring.
2. Contractor shall provide accurate panelboord directory cards for all gear. Assure that all
breakers marked 'spare' are turned off.
3. Concession Building: Replace existing cylinder exterior fixture between the restrooms with
new wall pack, equal to Lithonia #TWAC-70S-120-13NA-LPI. Mount fixture above door to
the storage room.
4. Concession Building: Connect ground wire at mechanical unit heater.
5. Concession Building: Provide label at panelboard B section 1, circuit 38,40 (30/2)
breaker. Provide label at ponelboord B section 2 for circuits 36 and 38. Provide typed
directory card for panel 'CS'.
6. Pumphouse: Provide label for circuit 3,5 (20/2) at panelboard 'U.
7. Oval Pavilion: Provide directory corn to include hand dryer circuits.
8. Lake Pavilion: Replace occupancy sensor switch in Women's restroom with new.
9. Provide new in -grade light fixture at main entrance sign, equal to Hydrel #M9410-ASP-
P3035CM5P-2 7 7-34SN PT.
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10. Damaged pole light fixtures at the Adventure Island and the playground have not been
replaced. New fixtures are due at the job site this week for replacement.
1 l -Site lighting, basketball and tennis court lighting: All fixtures have been accurately re -
aimed.
IRRIGATION PUMP (Aqua Engineering)
1. During the attempted flow and operation test, the pump station shut down on a "flow
sensor failure" alarm setting. During a review of the alarm history, this failure has pccu'red
several time on previous days. Repair or replace defective flow sensor or programming.
2. During the attempted flow and operation test, the pump station shut down on a "high flow
— low pressure' alarm setting_ During a review of the programmed settings it was noted
that The 'high flow" alarm was set at 900 GPM. Since the design flow of the pump!system
is 1,300 GPM at 98 PSI, Metron was contacted by telephone. It was determined that the
"high flow" alarm setting should be programmed to a high flow rote o- 1,350 GPM for a
maxfmvm time limit of 90 seconds. Under the direction of Metron, the settings were
programmed into the system. Review and verify the correct program settings ore installed
in the PLC.
3. During the attempted flow and pressure test, the system went into a "line fill" operation
mode. The settings were reviewed on the display. However, It was not apparent that the
"line fill.' program settings were correct. The pump system remained in stage f "line fill"
mode for o long period of time (30 minutes) without the pressure increasing in the system.
Metron was contacted again by telephone and the settings were reviewed over the
telephone. After the system failed to pressurize the irrigation mainline in the "line fill"
mode, the system was operated in "Hoed" mode until the Irrigation mainline reached
operating pressure. Then the system was returned to the "Automatic" mode of operation.
Review and verify the correct program settings are installed on the PLC. Demonstrate the
proper operation of the 'line fill" mode to the Owner.
4. A 'monual' filter backwash was performed by closing the ball volve on the filter system
differential pressure circuit. The backwash appeared to operate correctly, however, the
threaded coupling at the boil volve on the filter backwash piping leaked. Repair the
leaking join?.
5. Demonstrate to the Owner the proper operation and adjustment of the two pressure relief
valves on the system.
6. Furnish to the Owner, four copies of a complete Operation and Maintenance Manual as
specified on Note 6.8. on sheet IR-1 of the contract documents.
7. Demonstrate to the Owner the proper operation, adjustments, and maintonance of the
pumping system during a training session for the Owner's staff as specified on page 5,
Section 15140 of the Irrigation Pump System specifications.
8. The pump access %catch has been installed in the wrong location and is not centered over
the pump skid. It appears that the access hutch is approximately 24-inches too for east of
the centerline of the pump location. Either relocate the hatch so it is centered over the
pumps to allow removal as specified or demonstrate to the Owner the pumps and rno-ors
can be removed through the hatch in the present location without undue expense or
hazard to the City.
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Ffnal Punchfist/Miscellaneous New Contract 2.24.04
WATER FEATURE MECHANICAL SYSTEM (Aqua Engineering)
l . The oporotion of the system must be observed after spring start up in 2004,
2. The contractor steal! fully winterize the system as soon as possible. The winterization $hail
be conducted at a time convenient for Steve Hopkins to observe.
3. The control wiring for the filter pump is temporarily wired into the main fountain control
panel. This wire must be installed in conduit between the fovntoin control panel and the
filter pump control panel.
4. The mechanical vault needs to be cleaned. There is a thin layer of mud at the bottom of
the vovlt that needs to be washed out. This should not be done until the sump pump is
operating properly.
5. The sump pump is not operating. Per Rick Ail, two water level controls need to be
installed to complete the installation. The water level in the wet well wos approximately 8-
- inches below the slab. The high water level should be approximately 20•inches below the
slab. The sump pump would not operate manually. The ground fault interrupt is located
in the wet well, and was tripping due to high humi&I in the wet well. The ground fault
interrupt should be moved to the main mechanical vault to minimize the problem with
moisture tripping the GFI circuit.
6. The system testing and stori-up must be completed in 2004. The contractor shall
schedule the manufacturer's representative, City of Fort Collins maintenance personnel,
and a representative from Aqvo Engineering to attend. As part of the start-up and testing,
the manufacturer's representative shall fully train the City maintenance personnel on the
operation of the system,
7. The ventilation fan is currently not controlled by any input. It is recommended that the fan
be inter connected with the light switch, and that the fan be thermostatically operated.
Parties agree that the above list represents work to be completed at Fossil Creek Park.
City of Fort Collins Reoresentoh ve
Printed Name
Clark Con iruction Company, Inc.
Printed Name Signature
Date
3 I L6
Dote
Page 12 of 12
City: City of Fort Collins
Park Planning
P.O. Box 580
Ft. Collins, CO 80522
Attn: Kathleen Benedict
City: City of Fort Collins
Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Stephen
Service Provider:
Clark Construction Company, Inc.
1530 Boise Avenue, Suite 204
Loveland, CO 80538
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Eighteen Thousand
Dollars ($18,000.00).
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
SA 10/01
2
Client#: 21097
CLACO
ACORDTe CERTIFICATE OF LIABILITY
INSURANCE
DATE (MI
03/11/04Dn
PRODUCER
Flood 8: Peterson Insurance Inc
4821 Wheaton Drive
P O Box 270370
Fort Collins, CO 80527
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Clark Construction, Inc.
1530 Boise Avenue
Loveland, CO 80538
INSURERA-Travelers Insurance
INSURER B: Pinnacol Assurance
INSURERc: Fireman's Fund Insurance, Co.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND (CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (NIMIDDfM
POLICY EXPIRATION
DATE IMM1DDffYILIMITS
A
GENERAL LIABILITY
DTCO283P245ATIL
03/01/04
03/01/05
EACH OCCURRENCE
$1000000
DAMAGE TO a D
$300 O00
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any onerson)
$5 000
CLAIMS MADE 51OCCUR
PERSONAL B ADV NJURY
$1 OOO OOO
X PD Ded:1.000
GENERAL AGGRE ATE
$2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOP AGG
s2,000,000
POLICY X PE OT F1 LOG
A
AUTOMOBILE
LIABILITY
ANY AUTO
DT810283P245ATIL04
03/01/04
03/01/05
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,OOO
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON-OWNEDAUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
$
A
EXCESS/UMBRELLA LIABILITY
DTSMCUP283P245ATIL
03/01/04
03/01/05
EACH OCCURRENCE
s3,000,000
AGGREGATE
s3,000,000
X OCCUR CLAIMS MADE
$
$
DEDUCTIBLE
$
X RETENTION $ 10000
B
WORKERS COMPENSATION AND
4000003
04/01/03
04/01/04
TH-
X WC STATU-DFR
E.L. EACH ACCIDENT
$50-00OO
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$5OO OOO
E.L. DISEASE - PO
ICY LIMIT
$500 000
It yea, describe under
SPECIAL PROVISIONS below
C
OTHER Builder's
MX198381931
03/01/04
03/01/05
$8,000,000 Limit
Risk
$2,500,000 Frame Limit
$1,000 Deductible
$100.000 Transit Limit
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ATTN: John Stephen FAX: 221-6707 RE: Fossil Creek Park
The City of Fort Collins is named as additional insured.
(Excluding Workers' Compensation).
City of Fort Collins
Purchasing Dept
215 N Mason
Fort Collins, CO 80524
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR 10 MAIL 'An DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
aaetc e'ACORD CORPORATION 1981
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001108) 2 of 2 #S275277/M274160
the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
SA 10/01
3
0
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
SA 10/01
4
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Byges
�0"
Ja. O'Neill II, CPPO, FNIGP
Diof Purchasing and Risk Management
Date:
Clark Cotru tion C m any, Inc.
By:
b-min J. �
PRINT ME
_mv,s
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_ 3/11
ATT (Corporate Seal)
CORPORATE SECRETARY
SA 10/01
EXHIBIT B
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage
designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider
shall furnish the City with certificates of insurance showing the type, amount, class Of operations covered,
effective dates and date of expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10)
days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out
and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may
deduct the cost of such insurance from any monies which may be due or become due the Service Provider
under this Agreement. The City, its officers, agents and employees shall be named 'as additional insureds
on the Service Provider's general liability and automobile liability insurance policies for any claims arising out
of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of
this Agreement for all of the Service Provider's employees engaged in workperformed under this
agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this
Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, a$ well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurancej.
SA 10/01
-03108/2004 16:35 9706637384 CLARK CONSTRUCTION PAGE 02
CIairk
onstruction
Co., Inc.
PROFESSIONAL ENGINEER
GENERAL CONTRACTING
BONDED -LICENSED
1530 Boise Avenue, Suite 204 Loveland, Colorado 80538 FAX (970) 663-7384 (970) 867-0674
March 8, 2004
City of Fort Collins
Attn: Craig Foreman
PO Box 580
Fort Collins, CO 80522
n, Fossil Creek Comnnunity Park Phase 1B, #5681
Dear Craig,
This letter is to clarify that the remaining items at Fossil Creek Park will be installed under a
purchase order from the City of Font Collins as follows:
1) Clark Construction Co., Inc. to complete the remainder of the work per the original
contract documents. (see re: above)
2) The remaining items are shown on the attached list dated February 24, 2004 prepared
by BHA Design (12 pages). Please note the majority of the items on this list have
been previously completed and not yet reviewed by the architect and/or consultants.
The remaining items are yet to be completed in the spring under the new contract.
3) The second attached list dated February 19, 2004 prepared by BHA Design (6 pages)
include irrigation/landscaping items to be done by A&M Landscape under a separate
contract with the owner.
4) The two-year warranty for the remaining work will begin, when installation is
completed, this spring.
5) Scope of services: Shotcrete $ 2,000.00
Water Feature 2,000.00
Pump House Roof 8,000.00
Striping 1,000.00
Misc. Items per attached list #2 above 5.000.00
Total Contract Amount $1$,000.00
If you have any questions, please feel free to contact our office.
Sincerely,
David J. Clark
General Manager
� N
CON B I t--
DJC/arm
Attachments
U'LlY3!"(14 Mall 1U:16 r.ii t"V "1 0030 1.111 Vt rl W"LIIvZI 4'iuut;ucv
Fossil Creek Park
Final Punchlist/Miscelloneous New Coniroct 2-24-04
GENERAL NOTES (BHA)
l . Still need to review ball field fencing with Aztec Fencing
2. Parking and driveway striping throughout park is chipping off and needs to be redone,
after asphalt has been cleaned.
3. Electrical conduits are exposed on light pole bases in several instances. The electrical
conduit must be concealed inside the concrete pole base per the plans. Remove and
replace light pole bases if necessary or offer another solution to the owner.
4. Flood test for basketball and tennis courts must be performed in the presence of the City
and BHA.
5. Fill trenches and deep holes.
6. Add concrete head walls of the end of sidewalk culvert pipes. Need headwalls by
maintenance yard.
7. Cut off culvert pipes flush with concrete headwalls. Water feature discharge pipe not
completely cut off.
B. Verify that positive drainage is achieved into and through sidewalk culvert pipes and other
drain pipes. Sod is blocking flow in some areas. Culvert north and south of roller hockey.
9. Point exposed conduit in Pavilions.
10. Large oval soil cement path was not reviewed. Soil is covering the path in many oreas.
After path is cleared off it will need to be reviewed.
11. Cut off screws on conduit brackets, 1 /8' max beyond nut. This condition was observed at
most or oil of the pavilions.
12. Picnic tables to be adiusted so that benches are level, or replace picnic tables.
MAINTENANCE YARD/SURROUNDING AREA (BHA)
1. Concrete fence post footings must extend up to finish grade as shown in detail I0/A6.2.
Not done at NW corner of maintenance yard.
2. Need concrete planting curb along back side of maintenance building.
3. Need to finish swale and clean cobble between maintenance yard and Pond 1.
4. Need a concrete headwall at end of the pipe both sides, SW of maintenance yard.
5. Corner of concrete broken where sidewalk from Lemay connects to regional trail.
6. Northeast corner of the maintenance yard at bock gote — brackets on fence unacceptable
— cross members need to be extended to post.
7. Only 1 nail in the top rail of the of the screen fence next to the pvmp house.
8. Metal frame of maintenance gates is missing caps.
9. Pile of dirt next to rock area nw comer of maintenance yard needs to be removed.
10. Remove noil in the top of lost fence picket abutting north side of maintenance bldg.
1 ' . Three vertical cracks on south face of The maintenance bldg.
12. The Purnp Hovse roof is leaking.
Page 1 of 12
Vr. LV'LVU• II LrV lY.1V IA.L 4fV iLl VVVV V111 V♦ •♦ .... L.r♦-.� vr��..
Fossil Creek Park
Final Punchlist/Misce1oneous New Contract 2-24.04
13. Repair the fence of the northeast corner of the maint yard. Tho fence rails ore not attached
to the post. Added brackets, but rails still do not extend to post. The some problem exists
at two other corners in the maint yard.
14. The water proof coating on the maintenance shop floor is starting to peel and crock.
15. Cut off bottom of several new fence pickets so that they are flush wit the bottoms of other
packets,
16. Several pickets ore not nailed to the bottom rail along the southern edge of the
maintenance yard.
17. Crooked fence post on the west side of the maintenance yard.
1 B. Clean up grading east of maintenance yard fence around light fixture base.
19. Verify that maintenance yard parking area north of the building has positive drainage,
appears to have a low spot.
20. Roof in maintenance building is leaking in a few locations. Heater vents in shop and/or at
bottom of clerestory windows in shop.
SOUTHEAST PARKING LOT (BHA)
1. Replace curb just north of timewalk entry to parking lot where cracked through.
LEMAY ENTRY / DRIVEWAY (BHA)
1. Repair damaged (cracked) concrete edger on south side of Lemay entry drive.
2. Concrete light pole base north of entry drive is too tall. Clark to provide spot elevation on
top of light pole base and ground nearby to confirm that ground elevation had been
lowered as compared to original design.
SKATE PARK (BHA)
1. Patch nose of steps where damaged.
2. Patch voids under metal coping in skate park_
3. Repair damaged vertical corners on concrete skate park elements.
4, Repair chipped corner of wall near base of 6 step feature.
5. Patch vertical faces of step where air pockets in concrete have let voids
6. Repair doinoged saw cut joint at west side of skate park at bottom of 3 step feature.
7. Repair long crack in west area of skate park. Use epoxy grout to patch per Tim Altic.
PLAYGROUND (BHA)
1. Crocked concrete edger just north of Shark Jow Gateway.
2. Touch up paint on hand rails and shelter posts. Some gops ore visible on bottom side of
horizontal handrail members north of landslide.
3. Chink joints between boulders to meet the requirements for entrapment.
Page 2of12