HomeMy WebLinkAbout20071015.tiff RESOLUTION
RE: APPROVE POUDRE RIVER TRAIL CROSSING STRUCTURE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - GREELEY IRRIGATION COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Poudre River Trail Crossing Structure
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the County Attorney's Office, and Greeley Irrigation
Company, commencing upon full execution, with further terms and conditions being as stated in
said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Poudre River Trail Crossing Structure Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the County Attorney's Office, and Greeley Irrigation Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 11th day of April, A.D., 2007.
,•�� BOARD OF COUNTY COMMISSIONERS
�•_�D IE/Ica WELD COUNTY, COLORADO
ATTEST: w, ' //4 /1. j "a EXCUSED
1861 1 (° '�1/42=� David E. Long, Chair
Weld ounty Clerk to t B
2rP?d≥Tem
BY:
Dep Cler �o the Board /
William F. Garcia
APP D AS TO F EXCUSED
Robert D. Masden
unty Attorney q,
g fl��1� Douglas ademacher
Date of signature: `C
2007-1015
24
CC." &reee/e y-Audit/6/er 7;;(//"/ /OW 0
k, KETTERLING,BUTHERUS&NORTON ENGINEERS
820 81°STREET
- GREELEY,CO 80631
ENGINEERS 970-395-9880
970-395-9881 FAX
TRANSMITTAL
Mr. Bruce Barker, County
TO: Attorney DATE: April 9, 2007
Weld County PROJECT NO. 96035
915 10th Street FROM: Mike Ketterling, PE
Greeley, CO 80631 PAGES:
PHONE: 970-356-4000 ext. 4390 FAX:
SUBJECT: Greeley Irrigation Company Crossing Agreement—Poudre Trail
The items being transmitted are:
❑ For Your Approval ❑ As Per Your Request
® For Your Information ❑For Your Signature
❑ For Your Review/Comments ❑Other
Please find attached two signed original crossing agreements (by the Greeley Irrigation Company) for the
Poudre Trail to bridge/cross their return flow structure ("dump") off the #3 Ditch east of 59th Avenue.
If this agreement is acceptable to the County, please complete and have the Commissioners sign. I will
return a signed copy, along with the crossing fee (from the Poudre Trail)to the #3 Ditch Board.
I appreciate all your help on getting the Poudre Trail built and the County's support over the last twelve
years.
Please give me a call if you have any questions.
If you have any questions or comments regarding the above information please give us a call. Tharp],
2007-1015
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RESOLUTION
RE: APPROVE POUDRE RIVER TRAIL CROSSING STRUCTURE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -GREELEY IRRIGATION COMPANY
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Poudre River Trail Crossing Structure
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the County Attorney's Office, and Greeley Irrigation
Company, commencing upon full execution, with further terms and conditions being as stated in
said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Poudre River Trail Crossing Structure Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the County Attorney's Office, and Greeley Irrigation Company be, and hereby is;
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of April, A.D., 2007.
,� BOARD OF COUNTY COMMISSIONERS
E , a WELD COUNTY, COLORADO
ATTEST:,�I�rti_/ii EXCUSED
rut L!i(,• =42=t David E. Long, Chair
Weld ounty Clerk to t'' B MK /fis An Wi i m ?Jer , 'Tem
BY:
Dep Cler o the Board � • -'
William F. Garcia
APP D AS TO F EXCUSED
Robert D. Masden
unty Attorney 0.000
flI 7 fb� Do4 s`Rademacher
Date of signature: `?1 l
2007-1015
BC0024
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GREELEY IRRIGATION COMPANY
CROSSING AGREEMENT
(Over Return Flow Structure)
1. PARTIES. The Parties to this Agreement are the GREELEY IRRIGATION
COMPANY,a Colorado mutual ditch company("GIC"),and The COUNTY OF WELD, a body
corporate and politic of the STATE OF COLORADO,by and through its Board of County
Commissioners,whose address is P.O. Box 758,915 10 Street,Greeley, CO 80632 ("Licensee").
GIC and Licensee are hereinafter referred to jointly as"the Parties."
2. RECITALS. GIC owns the Greeley Canal No. 3 ("Ditch")and the easement for said Ditch.
Licensee desires to obtain the permission of GIC to construct a crossing over the return flow structure
("Dump")("Crossing Structure")at the location described in EXHIBIT A,attached hereto and
incorporated herein. Licensee owns the real property described in EXHIBIT A. GIC has agreed to
grant Licensee a license for the proposed Crossing Structure,subject to the terms,conditions and
covenants set forth in this Agreement.
NOW,THEREFORE,THE PARTIES AGREE:
3. GRANT OF LICENSE. The obligations and benefits of this Crossing Agreement shall run
with the lands described in EXHIBIT A. Pursuant to the terms of this Crossing Agreement,GIC
hereby grants to Licensee the license to construct the Crossing Structure,described as follows: a
bridge,approximately 53 feet long and I I feet wide.
in accordance with the plans and specifications attached hereto as EXHIBIT B,which have been
approved by GIC. GIC's review of the plans and specification is solely for its own benefit and
creates no rights in any other party and no obligation or liability to GIC.
4. CONSTRUCTION.
4.1 Licensee shall construct and maintain at its sole expense the Crossing Structure in
accordance with the plans and specifications attached as EXHIBIT B. .
4.2 Licensee agrees that the construction permitted hereunder shall proceed expeditiously
and with reasonable diligence from the initiation of such construction to its completion. The
proposed Crossing Structure shall be completed by March 31,2008(Completion Date). If
construction of the Crossing Structure is not completed by this date,this Agreement and the
License granted by this Agreement shall terminate and have no force or effect and Licensee
shall restore the Ditch to its pre-construction condition and all moneys paid to GIC shall be
retained by GIC.
4.3 The Crossing Structure shall constructed so as not to interfere with the flow of water
through the Dump..
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4.4 Licensee shall restore any and all fencing and other facilities appurtenant to the GIC
easement to their pre-construction condition within three(3)days after completion of the
Crossing Structure or termination of this Agreement,whichever first occurs.
4.5 Licensee shall not spill any dirt,debris,or other foreign material into the Dump. If the
Licensee spills dirt,debris,or other foreign material into the Ditch,Licensee agrees to
immediately clean the affected portions of the Ditch.
4.6 Upon completion of the Crossing Structure, Licensee shall notify GIC. GIC shall
accept or reject the completed Crossing Structure Acceptance or rejection by GIC shall be in
writing. If the Crossing Structure is rejected,GIC shall specify the reasons the rejection,and
Licensee shall correct the same. In that case,the above process shall be repeated.
4.7 Licensee is responsible, at its own expense,for obtaining all local, state,and federal
permits or approvals and for compliance with all local, state,and federal laws and regulations
including,but not limited to,land use and environmental laws and regulations,and
specifically including the Endangered Species Act,prior to beginning construction. Licensee
shall indemnify GIC for any and all costs,damages, fines,and fees, including reasonable
attorneys' fees incurred by GIC as a result of Licensee's failure to obtain such permits or
approvals or failure to comply with all applicable laws and regulations.
4.8 Intentionally deleted.
4.9 Licensee shall guarantee the quality of workmanship and materials for the Crossing
Structure and shall be liable for any damage caused by the Crossing Structure.
4.10 Prior to commencing work on the Crossing Structure and at all times during
construction of the Crossing Structure, Licensee and its Contractor shall maintain insurance,
including liability insurance in an amount satisfactory to GIC,and workman's compensation
insurance. Licensee shall provide to GIC a full executed original of the Certificate of
Insurance before commencing work on the Crossing Structure.
4.11 Intentionally Deleted.
5. INSPECTION.
5.1 Licensee shall notify GIC at least five(5)days prior to commencement of construction
of the Crossing Structure so that GIC may in its discretion inspect the Crossing Structure
during construction. GIC may in its discretion inspect the Crossing Structure after
construction is completed.
5.2 GIC's right to inspect the Crossing Structure in no way relieves Licensee of its
liability for improper construction or maintenance. GIC's inspection is solely for the benefit
of GIC and creates no obligation or liability on GIC.
2
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6. Intentionally Deleted.
7. LICENSE FEE. As consideration for GIC to enter into this License Agreement,
Licensee shall pay to GIC$5,000.00 upon execution of this License Agreement.
8. MAINTENANCE.
8.1 Licensee specifically agrees and pledges,at its own expense,to maintain,repair,and
replace the Crossing Structure.
8.2 Intentionally Deleted.
8.3 The Licensee hereby guarantees all materials and equipment furnished and work
performed under this Agreement. The Licensee warrants and guarantees that the Crossing
Structure is free from all defects due to faulty materials or workmanship and Licensee shall
promptly make such corrections as may be necessary by reason of any defects, including the
repair of any damages to the Ditch resulting from such defects. GIC will give notice to
Licensee of observed defects with reasonable promptness given the urgency of the
circumstances and the possibility of consequential damages. In the event the Licensee should
fail to make such defects, GIC may do so and charge Licensee the cost thereby incurred as
provided in paragraph 8.4,below.
8.4 If Licensee fails to properly maintain,repair,or replace any portion of the Crossing
Structure for which it is responsible after ten(10)days' notice of the need for same,GIC may,
in its discretion, conduct its own maintenance, repair,replacement,and Licensee shall
reimburse GIC for the cost of such work within thirty(30)days after being billed for the costs
of such maintenance, repair,or replacement. In the event Licensee fails to maintain,repair or
replace the Crossing Structure,it shall be liable for any loss,damage,or injury to GIC. If
GIC conducts its own maintenance,repair, or replacement,it does not waive the right to hold
Licensee liable for damages caused by Licensee's failure to maintain,repair,and replace the
Crossing Structure.
8.5 In the event of an emergency,GIC or Licensee may conduct maintenance or repair
immediately, giving notice to the other Party as soon as possible pursuant to the notice
provisions of paragraph 15. If GIC conducts emergency work,it shall be reimbursed for the
cost of the work by Licensee. Under no circumstance shall GIC be responsible or held liable
for damages to the Crossing Structure resulting from maintenance or repair to the Ditch.
9. TERM. This Agreement shall be perpetual unless terminated by mutual agreement of
the Parties or by failure of the Licensee to comply with the terms of this Agreement or unless
modified by the court order or as otherwise provided in this Agreement.
10. WATER LOSS. The Licensee agrees that the Crossing Structure will not increase
carriage or transmit losses over the loss which occurred historically. The Licensee agrees to compact
earth materials so that additional water losses will not occur.
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11. EASEMENT RIGHTS. The License granted to the Licensee herein in no way restricts
the GIC's right to use its easement for the Ditch to construct,operate,or maintain all existing
structures and facilities of the Ditch.
12. LIABILITY AND INDEMNIFICATION.
12.1 By granting this License,GIC(I)assumes no liability for use, operation,or existence
of the Crossing Structure;and(2)assumes no additional responsibilities or obligations related
to Licensee's future or additional activities in the areas described in EXHIBIT A.
12.2 To the extent permitted by law,Licensee shall indemnify and hold harmless GIC from
all claims and liability for damages or injury to property or persons arising or caused directly
or indirectly by Licensee's construction,use,maintenance, or failure to maintain or use the
Crossing Structures.
•
13. DEFAULT. Time is of the essence,and if any payment or any other condition,obligation,
or duty is not timely made,tendered,or performed by any Party,the non-defaulting Party shall have
the right to an action for specific performance or damages or both.
14. RECORDATION. This Agreement shall be recorded at the cost of the Licensee and shall
be binding on any successors of the Parties. The obligations and benefits of this Agreement shall
specifically run with the lands described in EXHIBIT A. The plans and specifications for the
Crossing Structure attached as a EXHIBIT B may not be recorded because of their size. The Parties
agree that the non-recordation of the plans and specifications for the Crossing Structure shall neither
affect the validity of this Agreement nor the obligations or benefits contained in the Agreement.
15. NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid,addressed to the Party to whom such notice is intended to be given at the
address set forth below, or at such other address as has been previously furnished in writing to the
other Party or Parties. such notice shall be deemed to have been given when deposited in the U.S.
Mail.
DITCH COMPANY COPY TO:
Greeley Irrigation Company Star L. Waring,Esq.
Attn: Donna L. Coble,Secretary O'Brien Waring&Zender,P.C.
P O Box 445 2060 Broadway, Ste 280
Greeley, CO 80632 Boulder,CO 80302
LICENSEE: COPY TO:
The COUNTY OF WELD, Weld County Attorney
P.O.Box 758,915 10th Street, P.O.Box 758,915 10th Street,
Greeley, CO 80632 Greeley,CO 80632
4
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16. WAIVER OF BREACH. The waiver by any Party or Parties to this Agreement,or a
breach,of any term or provision of this Agreement shall not operate or be construed as a waiver of
any subsequent breach by any Party or Parties.
17. EXHIBITS. All exhibits referred to in this Agreement are, by reference,incorporated into
this agreement for all purposes.
18. ATTORNEYS'FEES. If any Party breaches this agreement,the non-prevailing Party
shall pay all of the prevailing Party's reasonable attorneys'fees and costs in enforcing this Agreement
through litigation,arbitration,or mediation.
19. BINDING EFFECT. This Agreement shall inure to the benefit of,and be binding
upon,the Parties,and their respective legal representatives,successors,and assigns.
20. REMOVAL OF CROSSING STRUCTURE. At such time as the Crossing Structure is
no longer needed by Licensee,the Crossing Structure shall be promptly removed at Licensee's sole
expense and this Agreement shall be null and void.
DATED
GREELEY IRRIGATION COMPANY,
a Colorado mutual ditch company
By
ord r " tent
•Donna.L.,Coble;.Seeietary
5
•
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STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on this 29' ' day of
,200_1,by Clifford Clift,as President,and Donna L.Coble, as Secretary,
of the Greeley Irrigation Company.
Witness my hand and official seal.
Aa L
Notary Public
My Commission Expires:
1a1-31a 1 1 BRANDI HEPBURN
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 12/07/2009
•
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The COUNTY OF WELD,a body
corporate and politic of the STATE OF
COLORADO,by and through its Board of
County Commissioners
Williaid B. Jerke ,its Chairman Pro—Tem
04/11/2007
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on this 11th day of
April ,200 7 by_ William H. Jerke ,as Chair Pro-Tem
of the Board of Commiesionerg(Lieensee).
Witness my hand and official seal.
?apJ.BFey,
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O �1OTARY '� ,cQ'f!� LC
i Notary Public •
My CO. 6W
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EXHIBIT A
Legal Description of Licensee Property
8
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R. 66 W.
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TRAIL BRIDGE OVER GREELEY No. 3 DITCH RETURN FLOW STRUCTURE
SOUTHWEST 1/4, SECTION 34, T. 5 N., R. 66 W.
POUDRE RIVER TRAIL CORRIDOR
GREELEY, COLORADO
EXHIBIT A
Drawing: K:\DRAWINGS\96035\V—MAP.d+y. Saved: Thu, March O8, 2007, 3:00:44om. Drawing 7ao: Model.
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EXHIBIT B
Plans and Specifications for Proposed Crossing Structure
9
POUDRE RIVER TRAIL
1 CORRIDOR, INC .
-? STATE OF COLORADO
-1
_ i
-1
BRIDGE CONSTRUCTION PROJECT
_-, 10' x 50' Pedestrian Bridge
Greeley No. 3 Ditch Dump
CONTRACT DOCUMENTS AND SPECIFICATIONS
January 23, 2007
"1
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-1
POUDRE RIVER TRAIL CORRIDOR INC,
1100 10th Street
.1 Greeley, CO 80631
_1
-/ Prepared By:
N INFANT/mavuMkrf/, /LC N
ENGINEERING•PLANNING•S'iIRVEYING
a' 5026 Arrowhead 0rive,Greeley, Colorado 80634
Ph:970 330-6019 Fax:970 330-6040
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TABLE OF CONTENTS
,1
1 NAME DOCUMENT NUMBER PAGES
Instruction to Bidders 1 5
Information for Bidders 2 3
Bid Form 3 3
.� Bid Bond 4 2
1 Agreement 5 3
1 Payment Bond 6 2
Performance Bond 7 2
I Notice of Award 8 1
Notice to Proceed 9 1
Change Order 10 1
6 General Conditions 11 11
Supplemental General Conditions SC-1 3
1 Project Special Provisions PSP-1 1
I
Revision of Section 101 PSP-2 1
Revision of Section 102 PSP-3 1
i Revision of Section 104 PSP-4 1
1 Revision of Section 105 PSP-5 1
Revision of Section 106 PSP-6 1
Revision of Section 206 PSP-7 1
1 Revision of Section 601 PSP-8 1
Standard Special Provisions SSP-1 1
INationwide Permit Requirements SSP-2 2
t
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11
it i
INSTRUCTION TO BIDDERS
,)
1. DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions
I have the same meanings assigned to them as in the General Conditions.
1.2 The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a
'1 sub-bidder, who submits a bid to a Bidder.
1
1.3 The term "Successful Bidder" means the lowest, qualified, responsible and responsive
'] Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
award.
1.4 The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS
, 1
2.1 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of
`9 incomplete sets of Bidding Documents.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
1
1 3.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract
Documents thoroughly, (b) visit the site to become familiar with local conditions that may
1 affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and
1 local Laws and Regulations that may affect cost, progress, performance or furnishing of the
Work, (d) study and carefully correlate Bidder's observations with the Contract Documents,
s
and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
3.2 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any
s additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing of the Work and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time, price
and other terms and conditions of the Contract Documents.
,
i
Document No. 1
y Page 1 of 5
I
TI
=I 3.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 3, that without exception the Bid is
premised upon performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction as may be indicated
in or required by the Contract Documents, and that the Contract Documents are sufficient in
X11 scope and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
i
] 4. INTERPRETATIONS AND ADDENDA
� 4.1 All questions about the meaning or intent of the Contract Documents are to be directed to
Engineer. Interpretations or clarification's considered necessary by Engineer in response to
such questions will be issued by addenda mailed or delivered to all parties recorded by
rj Engineer as having received the Bidding Documents. Questions received less than two days
prior to the date for opening of Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarification's will be
j without legal effect.
4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
1 Owner or Engineer.
5. BID SECURITY
•J11
i 5.1 Each Bid must be accompanied by a Bid security made payable to the Owner in an amount
of five percent of the Bidders Maximum Bid price and in the form of a certified or bank check
or a Bid Bond (on form attached) issued by a surety. Surety companies executing Bonds must
appear on the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular
1 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy to the authority to act.
5.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the Bid Security will
be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the
required contract security within ten days after the Notice of Award, Owner may annul the
Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the
other Bidders whom the Owner believes to have a reasonable chance of receiving the award
may be retained by the Owner until the earlier of the seventh day after the Effective Date of
the Agreement or the thirty-first day after the Bid opening, whereupon the Bid security
furnished by such Bidders shall be returned. Bid security with Bids which are not competitive
1 will be returned within seven days after the Bid opening.
6. CONTRACT TIME
6.1 The number of days within which, or the dates by which, the Work is to be substantially
completed and also completed and ready for final payment (the Contract Time) are set forth in
the Bid Form.
Document No. 1
Page 2 of 5
r�
L.
I
7. LIQUIDATED DAMAGES
.I 7.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
8. BID FORM
8.1 All blanks on the Bid Form must be completed in ink or by typewriter.
8.2 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
`� corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation must be shown below the signature.
j 8.3 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership must be
shown below the signature.
8.4 All names must be typed or printed below the signature.
1 8.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
1 8.6 The address and telephone number for communications regarding the Bid must be shown.
j
t 8.7 A tabulation of subcontractors, suppliers, and other persons or organizations performing
i
the work or supplying materials with costs amounting to fifteen percent (15%) or more of the
total Bid must be submitted to the Owner with the Bid Form.
1 8.8 All costs submitted with the Bid shall include no sales or other applicable tax.
I9. SUBMISSION OF BIDS
9.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation
I to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and,
if applicable, the designated portion of the Project for which the Bid is submitted) and name
and address of the Bidder and accompanied by the Bid security and other required documents.
l If the Bid is sent through the mail or other delivery system the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.
f 10. MODIFICATION AND WITHDRAWAL OF BIDS
10.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be submitted
at any time prior to the opening of Bids.
Document No. 1
Page 3 of 5
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I 10.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of
f1 Owner that there was a material and substantial mistake in the preparation of its Bid, that
Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will
be disqualified from further bidding on the Work to be provided under the Contract
7 Documents.
11. OPENING OF BIDS
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11.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. An
ri abstract of the amounts of the base Bids and major alternates (if any) will be made available to
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Bidders after the opening of Bids.
i12. BIDS TO REMAIN SUBJECT TO ACCEPTANCE
12.1 All bids will remain subject to acceptance for thirty days after the day of the Bid opening,
1 but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that
date.
13. AWARD OF CONTRACT
13.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not
1 involving price, time or changes in the Work and to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or
y conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner
believes that it would not be in the best interest of the Project to make an award to that Bidder,
whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial
I ability or fails to meet any other pertinent standard or criteria established by Owner.
Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of
the unit prices. Discrepancies between the indicated sum of any column of figures and the
J 1 correct sum thereof will be resolved in favor of the correct sum.
13.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alternates, units prices and other
data, as may be requested in the Bid Form or prior to the Notice of Award.
13.3 Owner may conduct such investigations as Owner deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial ability of
Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform
jand furnish the Work in accordance with the Contract Documents to Owner's satisfaction
within the prescribed time.
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13.4 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award
within thirty days after the day of the Bid opening.
Document No. 1
1 Page 4 of 5
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1 14. BIDDER PREFERENCE
,1 14.1 Public project Bid preference will be invoked according to Colorado Revised Statues
1 Number 8-19-101 which states that a resident bidder shall be allowed a preference against a
non-resident bidder equal to the preference given or required by the state or foreign country in
11 which the non-resident bidder is a resident.
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i 15. BID QUANTITIES
15.1 All quantities shown in the Bid Schedules are estimates prepared for the comparison of
i proposals. All work will be paid for in accordance with the following procedures: (a) When
the Contract requires measurement of the work to be performed or material furnished, payment
will be made for actual quantities measured and accepted; (b) When the Contract does not
:I require quantities of the work to be measured, payment will made for the quantities appearing
in the Bid Schedules. Estimated quantities of the work to be performed and material to be
furnished may be decreased or omitted by the Engineer without additional compensation or
:I adjustments to the Contractor.
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Document No. 1
Page 5 of 5
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INFORMATION FOR BIDDERS
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All BIDS must be made on the required BID Form. All blank spaces for BID prices must be
filled in, in ink or typewritten, and the BID form must be fully completed and executed when
,1 submitted. Only one copy of the BID form is required.
The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any
tj BID may be withdrawn prior to the above scheduled time for the opening of BIDS or
J authorized postponement thereof. Any BID received after the time and date specified shall not
be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the
opening thereof. Should there be reasons why the contract cannot be awarded within the
i 1 specified period, the time may be extended by mutual agreement between the OWNER and the
BIDDER.
BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID
Schedule by examination of the site and a review of the drawings and specifications including
ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a
misunderstanding concerning the quantities of WORK or of the nature of the WORK to be
done.
The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent
7. to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.
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The CONTRACT DOCUMENTS contain the provisions required for the construction of the
1 PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any
other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve
him from fulfilling any of the conditions of the contract.
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Document No.2
Page 1 of 3
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i Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the
total amount of the BID. As soon as the BID prices have been compared, the OWNER will
tl return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement
is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID
BOND of the successful BIDDER will be retained until the payment BOND and performance
BOND have been executed and approved, after which it will be returned. A certified check
may be used in lieu of a BID BOND.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for
ti the faithful performance of the contract.
Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS must
file with each BOND a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and
obtain the performance BOND and payment BOND within ten (10) calendar days from the date
when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall
be accompanied by the necessary Agreement and BOND forms. In case of failure of the
I BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in
1 default, in which case the BID BOND accompanying the proposal shall become the property of
the OWNER.
The OWNER within ten (10) days of receipt of acceptable performance BOND, payment
BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the
Agreement and return to such party an executed duplicate of the Agreement. Should the
OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN
NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon
J receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the
Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot
be issued within such period, the time may be extended by mutual agreement between the
OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the
ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may
terminate the Agreement without further liability on the part of either party.
Document No.2
Page 2 of 3
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The OWNER may make such investigations as he deems necessary to determine the ability of
1� the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such
information and data for this purpose as the OWNER may request. The OWNER reserves the
right to reject the BID if the evidence submitted by, or investigation of, such BIDDER fails to
satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the
Agreement and to complete the WORK contemplated therein.
A conditional or qualified BID will not be accepted.
Award will be made to the lowest responsible BIDDER.
All applicable laws, ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the PROJECT shall apply to the contract throughout.
r1Each BIDDER is responsible for inspecting the site and for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do
1 any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his
BID.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS and
SUBCONTRACTORS when requested to do so by the OWNER.
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Document No.2
Page 3 of 3
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BID FORM
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THIS BID SUBMITTED TO:
Poudre River Trail Corridor, Inc.
+1 1100 10t°Street
Greeley, CO 80631
r RE: 10' x 50' Pedestrian Bridge - Greeley No. 3 Ditch Dump
J The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with the OWNER in the form included in the Contract Documents, to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price and
within the Contract Time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
, 1 BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
2.
BIDDER has given ENGINEER written notice of all conflicts, errors on plans or discrepancies
that it has discovered in the Contract Documents and the written resolution thereof by the
1 ENGINEER is acceptable to BIDDER.
1
This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person,
! firm or corporation and is not submitted in conformity with any agreement or rules of any
I group, association, organization or corporation; BIDDER has not directly or indirectly induced
or solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
Ihas not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
IBIDDER will complete the Work for the following price:
t TOTAL CONTRACT PRICE FROM ATTACHED BID SCHEDULES:
($ )
(use words) (figures)
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BIDDER agrees that the Work will be substantially complete and completed and ready for final
payment in accordance with the Article 15 of the General Conditions on or before a date to be
specified in the NOTICE TO PROCEED and to fully complete the Work within NINETY (90)
consecutive calendar days thereafter.
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Document No.3
i Page 1 of 3
BIDDER further agrees to pay as liquidated damages, the sum of$200.00 for each consecutive
Il calendar day thereafter as provided in Section 15 of the General Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
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t� The following documents are attached to and made a condition of this Bid:
1 a. Bid Schedule(s) with unit cost breakdown.
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b. Required Bid Security in the amount of five percent of the total bid amount.
TIc. A tabulation of Subcontractors, Suppliers, and other persons and organizations
required to be identified in this Bid in accordance with Section 8.7 of the Instruction to
Bidders.
Communications concerning this Bid shall be addressed to:
Name: Phone:
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SUBMITTED on , 2007.
Signature Firm
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Title Address
City, State
Document No.3
Page 2 of 3
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BID SCHEDULE
POUDRE RIVER TRAIL CORRIDOR, INC. January 23, 2007
:1 10' x 50' PEDESTRIAN BRIDGE
GREELEY NO. 3 DITCH DUMP
1 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT
502 STEEL PILING (HP 10 x 42) 240 LF /LF $
509 STRUCTURAL STEEL PED. BRIDGE 11,580 LB /LB $
512 BEARING DEVICE (TYPE II) 4 EA /EA $
601 STRUCTURAL CONCRETE (CLS B) 14.5 CY /CY $
601 DECK CONCRETE (CLS D) 7 CY /CY $
602 REINFORCING STEEL (EPDXY) 3,230 LB /LB $
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625 CONSTRUCTION SURVEY 1 LS /LS $
626 MOBILIZATION 1 LS /LS $
TOTAL BID SCHEDULE $
Document No.3
Page 3 of 3
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BID BOND
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KNOW ALL MEN BY THESE PRESENTS,that we, the undersigned,
as Principal, and
1 as Surety, are hereby
held and firmly bound unto as OWNER
in the penal sum of
1
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns.
Signed, this day of , 2007.
I The Condition of the above obligation is such that whereas the Principal has
submitted to a certain BID,
attached hereto and hereby made a part hereof to enter into a contract in writing, for the
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NOW, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract
in the Form of Contract attached hereto (properly,completed in accordance with said
BID) and shall furnish a BOND for his faithful performance of said contract, and for the
payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the
` acceptance of said BID.
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
Document No.4
Page 1 of 2
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The Surety, for value received, hereby stipulates and agrees that the obligations of said
r1Surety and its BOND shall be in no way impaired or affected by any extension of the time within
tI which the OWNER may accept such BID; and said Surety does hereby waive notice of any such
extension.
'l IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and
f� these presents to be signed by their proper
,� officers, the day and year first set forth above.
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i Principal
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By:
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IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's
most current list(Circular 570 as amended) and be authorized to transact business in the state
where the project is located.
Document No.4
Page 2 of 2
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AGREEMENT
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1 THIS AGREEMENT, made this day of , 2007, by and
between ,hereinafter called "OWNER"
and doing business as (an individual,) or (a
partnership,) or(a corporation) hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
Li 1. The CONTRACTOR will commence and complete the construction of
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor
E and other services necessary for the construction and completion of the PROJECT described
} herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within calendar days after the date of the NOTICE TO
P PROCEED and will complete the same within calendar days unless the period for
completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of
$ or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) INSTRUCTIONS TO BIDDERS
(B) INFORMATION FOR BIDDERS
(C)BID FORM
(D)BID BOND
(E) AGREEMENT
(F) PAYMENT BOND
(G)PERFORMANCE BOND
Document No. 5
Page 1 of 3
1
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(H)NOTICE OF AWARD
(I)NOTICE TO PROCEED
(.1) CHANGE ORDER
(K) GENERAL CONDITIONS
,1 (L) SUPPLEMENTAL GENERAL CONDITIONS
(M)PROJECT SPECIAL PROVISIONS
(N) DRAWINGS prepared by Draht Consulting, LLC numbered 1 through 4
dated January, 2007.
(O) SPECIFICATIONS prepared or issued by Draht Consulting, LLC
dated January 23, 2007.
(P) ADDENDA:
t No. , dated , 2007
No. , dated , 2007
No. , dated , 2007
No. , dated , 2007
No. , dated , 2007
No. , dated , 2007
1 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set
forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in ( 3 ) each of which shall be deemed an original
on the date first above written.
Document No.5
Page 2 of 3
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OWNER:
SIGNED:
:1 NAME:
Please Type
TITLE:
(SEAL)
ATTEST:
SIGNED:
NAME:
Please Type
ITITLE:
.;
CONTRACTOR:
• ? SIGNED:
NAME:
Please Type
ADDRESS:
(SEAL)
ATTEST:
SIGNED:
NAME:
Please Type
TITLE:
Document No. 5
Page 3 of 3
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ri PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:that
(Name of Contractor)
r�
(Address of Contractor)
I
a , hereinafter called Principal, and
(Corporation,Partnership,or Individual)
i
(Name of Surety)
r�I (Address of Surety)
1 hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
•) (Address of Owner)
gg hereinafter called OWNER, in the penal sum of
l Dollars, $( )
in lawful money of the United States, for the payment of which sum well and truly to be made,
i we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents.
T THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
i certain contract with the OWNER, dated the day of , 2007,
a copy of which is hereto attached and made a part hereof for the construction of:
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NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed 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.
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Document No.6
Page 1 of 2
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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 contract or to WORK to
be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise
affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the 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.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each
(number)
one of which shall be deemed an original, this the day of , 2007.
ATTEST:
Principal
(Principal)Secreatary
(SEAL)
1 By: (s)
i
(Address)
• i
Witness as to Prinicipal
(Address)
1
1 Surety
ATTEST: By:
(Attorney-in Fact)
Witness as to Surety (Address)
(Address)
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NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Depai tment's most current list (Circular 570 as amended) and be authorized to transact business
in the state where the PROJECT is located.
Document No. 6
Page 2 of 2
F.
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PERFORMANCE BOND
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KNOW ALL MEN BY THESE PRESENTS:that
1 (Name of Contractor)
r I (Address of Contractor)
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a , hereinafter called Principal, and
it (Corporation,Partnership,or Individual)
(Name of Surety)
I (Address of Surety)
hereinafter called Surety, are held and firmly bound unto
,i
(Name of Owner)
,I
(Address of Owner)
1 hereinafter called OWNER, in the penal sum of
1 Dollars, $( )
1 in lawful money of the United States, for the payment of which sum well and truly to be made,
1 we bind ourselves, successors, and assigns,jointly and severally,firmly by these presents.
1 THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain contract with the OWNER, dated the day of , 2007,
a copy of which is hereto attached and made a part hereof for the construction of:
I
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NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
R undertakings, covenants, terms, conditions, and agreements of said contract during the original
1 term thereof; and any extensions thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless the OWNER
1 from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the OWNER all outlay and expense which the OWNER may incur in making good any
default, then this obligation shall be void; otherwise to remain in full force and effect.
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Document No.7
Page 1 of 2
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11 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 contract or to WORK
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to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise
affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the 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.
I IN WITNESS WHEREOF, this instrument is executed in counterparts, each
(number)
one of which shall be deemed an original,this the day of , 2007.
ATTEST:
t Principal
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(Principal)Secreatary
(SEAL)
.1 By: (s)
I
I (Address)
i Witness as to Prinicipal
(Address)
Surety
ATTEST: By:
1 (Attorney-in Fact)
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Witness as to Surety (Address)
s
(Address)
1
NOTE:Date of BOND must not be prior to date of Contract. If CONTRACTOR is
Partnership, all partners should execute BOND.
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IMPORTANT: Surety companies executing BONDS must appear on the Treasury
• Department's most current list (Circular 570 as amended) and be authorized to transact business
in the state where the PROJECT is located.
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Document No.7
Page 2 of 2
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l NOTICE OF AWARD
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j To: Project:
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,1 The OWNER has considered the BID submitted by you for the above described WORK in
response to its Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount
of$
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance
within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the
date of this Notice, said OWNER will be entitled to consider all your rights arising out of the
i OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this day of , 2007.
Owner:
By:
Title:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO AWARD is hereby acknowledged
1 Contractor
this the day of , 2007.
By:
Title:
Document No. 8
• Page l of
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NOTICE TO PROCEED
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To: Date:
Project:
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You are hereby notified to commence WORK in accordance with the Agreement dated
1 , 2007, on or before , 2007, and to complete the WORK within
consecutive calendar days thereafter. The date of completion of all WORK is therefore
, 2007.
1 Date:
Owner
I By:
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Title:
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ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
Contractor
this the day of , 2007.
By:
Title:
Document No.9
Page 1ofl
CHANGE ORDER
Order No.
Date:
Agreement Date:
i1NAME OF PROJECT:
ENGINEER:
OWNER:
i CONTRACTOR:
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9.1 The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
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CHANGE TO CONTRACT PRICE:
Original CONTRACT PRICE $
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $
CONTRACT PRICE due to this CHANGE ORDER will be (Increased) (Decreased)
by: $
New CONTRACT PRICE including this CHANGE ORDER will be $
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CHANGE TO CONTRACT TIME:
CONTRACT TIME will be (Increased) (Decreased) by calendar days.
The date for completion of all work will be (Date).
APPROVALS REQUIRED:
Requested by: Date:
Approved by: Date:
1 Accepted by: Date:
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1 Page l of l
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GENERAL CONDITIONS
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1. Definitions 16. Correction of Work
r1 2. Additional Instructions and Detail Drawings 17. Subsurface Conditions
3. Schedules, Reports and Records 18. Suspension of Work, Termination and Delay
4. Drawings and Specifications 19. Payments to Contractor
5. Shop Drawings 20. Acceptance of Final Payment as Release
1 6. Materials, Services and Facilities 21. Insurance
7. Inspection and Testing 22. Contract Security
8. Substitutions 23. Assignments
9. Patents 24. Indemnification
10. Surveys, Permits, Regulations 25. Separate Contracts
11. Protection of Work, Property, Persons 26. Subcontracting
11 12. Supervision by Contractor 27. Engineer's Authority
13. Changes in the Work 28. Land and Right-of-Way
14. Changes in Contract Price 29. Guaranty
15. Time for Completion and Liquidated Damages 30. Arbitration
1. DEFINITIONS 1.9 CONTRACT TIME - The number of calendar
1.1 Wherever used in the CONTRACT days stated in the CONTRACT DOCUMENTS for the
DOCUMENTS, the following terms shall have the completion of the WORK.
meanings indicated which shall be applicable to both 1.10 CONTRACTOR - The person, firm or
the singular and plural thereof: corporation with whom the OWNER has executed the
1.2 ADDENDA - Written or graphic instruments Agreement.
} issued prior to the execution of the Agreement which 1.11 DRAWINGS - The part of the CONTRACT
modify or interpret the CONTRACT DOCUMENTS, DOCUMENTS which show the characteristics and
DRAWINGS and SPECIFICATIONS, by additions, scope of the WORK to be performed and which have
deletions, clarifications or corrections. been prepared or approved by the ENGINEER.
1.3 BID - The offer or proposal of the BIDDER 1.12 ENGINEER - The person, firm or corporation
submitted on the prescribed form setting forth the named as such in the CONTRACT DOCUMENTS.
prices for the WORK to be performed. 1.13 FIELD ORDER - A written order effecting a
s
1.4 BIDDER - Any person, firm or corporation change in the WORK not involving an adjustment in
submitting a BID for the WORK. the CONTRACT PRICE or an extension of the
1.5 BONDS - Bid, Performance, and Payment Bonds CONTRACT TIME, issued by the ENGINEER to the
and other instruments of security, furnished by the CONTRACTOR during construction.
1 CONTRACTOR and his surety in accordance with the 1.14 NOTICE OF AWARD - The written notice of
CONTRACT DOCUMENTS. the acceptance of the BID from the OWNER to the
1.6 CHANGE ORDER - A written order to the successful BIDDER.
CONTRACTOR authorizing an addition, deletion or 1.15 NOTICE TO PROCEED - Written
revision in the WORK within the general scope of the communication issued by the OWNER to the
CONTRACT DOCUMENTS, or authorizing an CONTRACTOR authorizing him to proceed with the
adjustment in the CONTRACT PRICE or WORK and establishing the date of commencement of
CONTRACT TIME. the WORK.
1.7 CONTRACT DOCUMENTS - The contract, 1.16 OWNER - A public or quasi-public body or
including Advertisement For Bids, Information For authority, corporation, association, partnership, or
Bidders, BID, Bid Bond, Agreement, Payment Bond, individual for whom the WORK is to be performed.
Performance Bond, NOTICE OF AWARD, NOTICE 1.17 PROJECT - The undertaking to be performed as
TO PROCEED, CHANGE ORDER, DRAWINGS, provided in the CONTRACT DOCUMENTS.
SPECIFICATIONS, and ADDENDA. 1.18 RESIDENT PROJECT REPRESENTATIVE -
1.8 CONTRACT PRICE - The total monies payable The authorized representative of the OWNER who is
to the CONTRACTOR under the terms and conditions assigned to the PROJECT site or any part thereof.
of the CONTRACT DOCUMENTS.
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1.19 SHOP DRAWINGS - All drawings, diagrams, the WORK in accordance with the additional detail
illustrations, brochures, schedules and other data drawings and instructions.
r� which are prepared by the CONTRACTOR, a
SUBCONTRACTOR, manufacturer, SUPPLIER or 3. SCHEDULES, REPORTS AND RECORDS
distributor, which illustrate how specific portions of 3.1 The CONTRACTOR shall submit to the OWNER
!1 the WORK shall be fabricated or installed. such schedule of quantities and costs, progress
1.20 SPECIFICATIONS - A part of the CONTRACT schedules, payrolls, reports, estimates, records and
DOCUMENTS consisting of written descriptions of a other data where applicable as are required by the
t� technical nature of materials, equipment, construction CONTRACT DOCUMENTS for the WORK to be
systems, standards and workmanship. performed.
1,21 SUBCONTRACTOR - An individual, firm or 3.2 Prior to the first partial payment estimate the
corporation having a direct contract with the CONTRACTOR shall submit construction progress
CONTRACTOR or with any other schedules showing the order in which he proposes to
SUBCONTRACTOR for the performance of a part of carry on the WORK, including dates at which he will
the WORK at the site. start the various parts of the WORK, estimated date of
ri l 1.22 SUBSTANTIAL COMPLETION - That date as completion of each part and, as applicable:
certified by the ENGINEER when the construction of 3.2.1 The dates at which special detail drawings
the PROJECT or a specified part thereof is will be required; and
sufficiently completed, in accordance with the 3.2.2. Respective dates for submission of SHOP
CONTRACT DOCUMENTS, so that the PROJECT DRAWINGS, the beginning of manufacture, the
or specified part can be utilized for the purposes for testing and the installation of materials, supplies and
which it is intended. equipment.
1.23 SUPPLEMENTAL GENERAL CONDITIONS - 3.3 The CONTRACTOR shall also submit a schedule
Modifications to General Conditions required by a of payments that he anticipates he will earn during the
Federal agency for participation in the PROJECT and course of the WORK.
q approved by the agency in writing prior to inclusion
1 in the CONTRACT DOCUMENTS, or such 4. DRAWINGS AND SPECIFICATIONS
requirements that may be imposed by applicable state 4.1 The intent of the DRAWINGS and
laws. SPECIFICATIONS is that the CONTRACTOR shall
( 1.24 SUPPLIER - Any person or organization who furnish all labor, materials, tools, equipment, and
supplies materials or equipment for the WORK, transportation necessary for the proper execution of
including that fabricated to a special design, but who the WORK in accordance with the CONTRACT
does not perform labor at the site. DOCUMENTS and all incidental work necessary to
1.25 WORK - All labor necessary to produce the complete the PROJECT in an acceptable manner,
construction required by the ready for use, occupancy or operation by the
CONTRACT DOCUMENTS, and all materials and OWNER.
equipment incorporated or to be incorporated in the 4.2 In case of conflict between the DRAWINGS and
PROJECT. SPECIFICATIONS, the SPECIFICATIONS shall
1.26 WRITTEN NOTICE - Any notice to any party of govern. Figure dimensions on DRAWINGS shall
1 the Agreement relative to any part of this Agreement govern over scale dimensions, and detailed
in writing and considered delivered and the service DRAWINGS shall govern over general DRAWINGS.
thereof completed, when posted by certified or 4.3 Any discrepancies found between the
I registered mail to the said party at his last given DRAWINGS and SPECIFICATIONS and site
address, or delivered in person to said party or his conditions or any inconsistencies or ambiguities in the
1 authorized representative on the WORK. DRAWINGS or SPECIFICATIONS shall be
immediately reported to the ENGINEER, in writing,
i 2. ADDITIONAL INSTRUCTIONS AND DETAIL who shall promptly correct such inconsistencies or
1 DRAWINGS ambiguities in writing. WORK done by the
2.1 The CONTRACTOR may be furnished additional CONTRACTOR after his discovery of such
instructions and detail drawings, by the ENGINEER, discrepancies, inconsistencies or ambiguities shall be
as necessary to carry out the WORK required by the done at the CONTRACTOR'S risk.
CONTRACT DOCUMENTS.
2.2 The additional drawings and instruction thus 5. SHOP DRAWINGS
supplied will become a part of the CONTRACT 5.1 The CONTRACTOR shall provide SHOP
DOCUMENTS. The CONTRACTOR shall carry out DRAWINGS as may be necessary for the prosecution
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of the WORK as required by the CONTRACT 7.1 All materials and equipment used in the
DOCUMENTS. The ENGINEER shall promptly construction of the PROJECT shall be subject to
tireview all SHOP DRAWINGS. The ENGINEER'S adequate inspection and testing in accordance with
approval of any SHOP DRAWING shall not release generally accepted standards, as required and defined
the CONTRACTOR from responsibility for deviations in the CONTRACT DOCUMENTS.
from the CONTRACT DOCUMENTS. The approval 7.2 The OWNER shall provide all inspection and
of any SHOP DRAWING which testing services not required by the CONTRACT
substantially deviates from the requirement of the DOCUMENTS.
I CONTRACT DOCUMENTS shall be evidenced by a 7.3 The CONTRACTOR shall provide at his expense
CHANGE ORDER. the testing and inspection services required by the
5.2 When submitted for the ENGINEER'S review, CONTRACT DOCUMENTS.
SHOP DRAWINGS shall bear the CONTRACTOR'S 7.4 If the CONTRACT DOCUMENTS, laws,
1 certification that he has reviewed, checked and ordinances, rules, regulations or orders of any public
approved the SHOP DRAWINGS and that they are in authority having jurisdiction require any WORK to
conformance with the requirements of the specifically be inspection, tested, or approved by
1 CONTRACT DOCUMENTS. someone other than the CONTRACTOR, the
5.3 Portions of the WORK requiring a SHOP CONTRACTOR will give the ENGINEER timely
DRAWING or sample submission shall not begin until notice of readiness. The CONTRACTOR will then
the SHOP DRAWING or submission has been furnish the ENGINEER the required certificates of
approved by the ENGINEER. A copy of each inspection, testing or approval.
approved SHOP DRAWING and each approved 7.5 Inspections, tests or approvals by the engineer or
sample shall be kept in good order by the others shall not relieve the CONTRACTOR from his
CONTRACTOR at the site and shall be available to obligations to perform the WORK in accordance with
j the ENGINEER. the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all
6. MATERIALS, SERVICES AND FACILITIES times have access to the WORK. In addition,
6.1 It is understood that, except as otherwise authorized representatives and agents of any
t
specifically stated in the CONTRACT participating Federal or state agency shall be
DOCUMENTS, the CONTRACTOR shall provide permitted to inspect all work, materials,
t and pay for all materials, labor, tools, equipment, payrolls, records of personnel, invoices of materials,
I water, light, power, transportation, supervision, and other relevant data and records. The
temporary construction of any nature, and all other CONTRACTOR will provide proper facilities for such
services and facilities of any nature whatsoever access and observation of the WORK and also for any
necessary to execute, complete, and deliver the inspection, or testing thereof.
WORK within the specified time. 7.7 If any WORK is covered contrary to the written
6.2 Materials and equipment shall be so stored as to instructions of the ENGINEER it must, if requested
i insure the preservation of their quality and fitness for by the ENGINEER, be uncovered for his observation
j the WORK. Stored materials and equipment to be and replaced at the CONTRACTOR'S expense.
incorporated in the WORK shall be located so as to 7.8 If the ENGINEER considers it necessary or
facilitate prompt inspection. advisable that covered WORK be inspected or tested
6.3. Manufactured articles, materials and equipment by others, the CONTRACTOR, at the ENGINEER'S
shall be applied, installed, connected, erected, used, request, will uncover, expose or otherwise make
• cleaned and conditioned as directed by the available for observation, inspection or testing as the
manufacturer. ENGINEER may require, that portion of the WORK
6.4 Materials, supplies and equipment shall be in in question, furnishing all necessary labor, materials,
accordance with samples submitted by the tools, and equipment. If it is found that such WORK
CON TRACTOR and approved by the ENGINEER. is defective, the CONTRACTOR will bear all the
1 6.5 Materials, supplies or equipment to be expenses of such uncovering, exposure, observation,
incorporated into the WORK shall not be purchased inspection and testing and of satisfactory
by the CONTRACTOR or the SUBCONTRACTOR reconstruction. If, however, such WORK is not found
subject to a chattel mortgage or under a conditional to be defective, the CONTRACTOR will be allowed
sale contract or other agreement by which an interest an increase in the CONTRACT PRICE or an
is retained by the seller. extension of the CONTRACT TIME, or both, directly
attributable to such uncovering, exposure,
•
7. INSPECTION AND TESTING
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I observation, inspection, testing and reconstruction and and make all detail surveys needed for construction
an appropriate CHANGE ORDER shall be issued. such as slope stakes, batter boards, stakes for pile
t 1 locations and other working points, lines, elevations
8. SUBSTITUTIONS and cut sheets.
8.1 Whenever a material, article or piece of 10.2 The CONTRACTOR shall carefully preserve
equipment is identified on the DRAWINGS or bench marks, reference points and stakes and, in case
SPECIFICATIONS by reference to brand name or of willful or careless destruction, he shall be charged
catalogue number, it shall be understood that this is with the resulting expenses and shall be responsible
referenced for the purpose of defining the for any mistakes that may be caused by their
r performance or other salient requirements and that unnecessary loss or disturbance.
i other products of equal capacities, quality and 10.3 Permits and licenses of a temporary nature
function shall be considered. The CONTRACTOR necessary for the prosecution of the WORK shall be
ri may recommend the substitution of a material, article, secured and paid for by the CONTRACTOR unless
or piece of equipment of equal substance and function otherwise stated in the SUPPLEMENTAL GENERAL
for those referred to in the CONTRACT CONDITIONS. Permits, licenses and easements for
j DOCUMENTS by reference to brand name or permanent structures or permanent changes in existing
catalogue number, and if, in the opinion of the facilities shall be secured and paid for by the
ENGINEER, such material, article, or piece of OWNER, unless otherwise specified. The
equipment is of equal substance and function to that CONTRACTOR shall give all notices and comply
specified, the ENGINEER may approve its with all laws, ordinances, rules and regulations
1 substitution and use by the CONTRACTOR. Any cost bearing on the conduct of the WORK as drawn and
differential shall be deductible from the CONTRACT specified. If the CONTRACTOR observes that the
I PRICE and the CONTRACT DOCUMENTS shall be CONTRACT DOCUMENTS are at variance
appropriately modified by CHANGE ORDERS. The therewith, he shall promptly notify the ENGINEER is
CONTRACTOR warrants that if substitutes are writing, and any necessary changes shall be adjusted
approved, no major changes in the function or general as provided in Section 13, CHANGES IN THE
design of the PROJECT will result. Incidental changes WORK.
or extra component parts required to accommodate the
substitute will be made by the CONTRACTOR 11. PROTECTION OF WORK, PROPERTY AND
d without a change in the CONTRACT PRICE or PERSONS
CONTRACT TIME. 11.1 The CONTRACTOR will be responsible for
initiating, maintaining and supervising all safety
9. PATENTS precautions and programs in connection with the
9.1 The CONTRACTOR shall pay all applicable WORK. He will take all necessary precautions for the
royalties and license fees. He shall defend all suits or safety of, and will provide the necessary protection to
claims for infringement of any patent rights and save prevent damage, injury or loss to all employees on the
the OWNER harmless from loss on account thereof, WORK and other persons who may be affected
except that the OWNER shall be responsible for any thereby, all the WORK and all materials or equipment
such loss when a particular process, design, or the to be incorporated therein, whether in storage on or
product of a particular manufacturer or manufacturers off the site, and other property at the site or adjacent
jis specified, however if the CONTRACTOR has thereto, including trees, shrubs, lawns, walks,
reason to believe that the design, process or product pavements, roadways, structures and utilities not
specified is an infringement of a patent, he shall be designated for removal, relocation or replacement in
responsible for such loss unless he promptly gives the course of construction.
such information to the ENGINEER. 11.2 The CONTRACTOR will comply with all
applicable laws, ordinances, rules, regulations and
10. SURVEYS, PERMITS, REGULATIONS orders of any public body having jurisdiction. He will
10.1 The OWNER shall furnish all boundary surveys erect and maintain, as required by the conditions and
and establish all base lines for locating the principal progress of the WORK, all necessary safeguards for
component parts of the WORK together with a safety and protection. He will notify owners of
suitable number of bench marks adjacent to the adjacent utilities when prosecution of the WORK may
WORK as shown in the CONTRACT DOCUMENTS. affect them. The CONTRACTOR will remedy all
From the information provided by the OWNER, damage, injury or loss to any property caused,
unless otherwise specified in the CONTRACT directly or indirectly, in whole or in part, by the
DOCUMENTS, the CONTRACTOR shall develop CONTRACTOR, any SUBCONTRACTOR or anyone
Document No. 11
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directly or indirectly employed by any of them or basis for the change in CONTRACT PRICE or TIME
anyone for whose acts any of them be liable, except within thirty (30) days. The CONTRACTOR shall not
r1 damage or loss attributable to the fault of the execute such changes pending the receipt of an
CONTRACT DOCUMENTS or to the acts or executed CHANGE ORDER or further instruction
omissions of the OWNER or the ENGINEER or from the OWNER.
r1 anyone employed be either of them or anyone for
whose acts either of them may be liable, and not 14. CHANGES IN CONTRACT PRICE
attributable, directly or indirectly, in whole or in part, 14.1 The CONTRACT PRICE may be changed only
to the fault or negligence of the CONTRACTOR. by a CHANGE ORDER. The value of any WORK
11.3 In emergencies affecting the safety of persons or covered by a CHANGE ORDER or of any claim for
the WORK or property at the site or adjacent thereto, increase or decrease in the CONTRACT PRICE shall
the CONTRACTOR, without special instruction or be determined by one or more of the following
r 1authorization from the ENGINEER or OWNER, shall methods in the order of precedence listed below:
act to prevent threatened damage, injury or loss. He (a) Unit price previously approved.
will give the ENGINEER prompt WRITTEN (b) An agreed lump sum.
'i NOTICE of any significant changes in the WORK or (c) The actual cost for labor, direct overhead,
deviations from the CONTRACT DOCUMENTS materials, supplies, equipment, and other services
caused thereby, and a CHANGE ORDER shall necessary to complete the work. In addition there shall
thereupon be issued covering the changes and be added an amount to be agreed upon but not to
'1 deviations involved. exceed fifteen (15) percent of the actual cost of the
j WORK to cover the cost of general overhead and
12. SUPERVISION BY CONTRACTOR profit.
1 12.1 The CONTRACTOR will supervise and direct
3 the WORK. He will be solely responsible for the 15. TIME FOR COMPLETION AND LIQUIDATED
means, methods, techniques, sequences and DAMAGES
procedures of construction. The CONTRACTOR will 15.1 The date of beginning and the time for
1 employ and maintain on the WORK a qualified completion of the WORK are essential conditions for
I supervisor or superintendent who shall have been the CONTRACT DOCUMENTS and the WORK
designated in writing by the CONTRACTOR as the embraced shall be commenced on a date specified in
CONTRACTOR'S representative at the site. The the NOTICE TO PROCEED.
supervisor shall have full authority to act on behalf of 15.2 The CONTRACTOR will proceed with the
the CONTRACTOR and all communications given to WORK at such rate of progress to insure full
t the CONTRACTOR. The supervisor shall be present completion within the CONTRACT TIME. It is
I on the site at all times as required to perform adequate expressly understood and agreed, by and between the
supervision and coordination of the WORK. CONTRACTOR and the OWNER, that the
CONTRACT TIME for the completion of the WORK
1 13. CHANGES IN THE WORK described herein is a reasonable time, taking into
t 13.1 The OWNER may at any time, as the need consideration the average climatic and economic
arises, order changes within the scope of the WORK conditions and other factors prevailing in the locality
t without invalidating the Agreement. If such changes of the WORK.
1 increase or decrease the amount due under the 15.3 If the CONTRACTOR shall fail to complete the
CONTRACT DOCUMENTS, or in the time required WORK within the CONTRACT TIME, or extension
for performance of the WORK, an equitable of time granted by the OWNER, then the
adjustment shall be authorized by CHANGE ORDER. CONTRACTOR will pay to the OWNER the amount
I 13.2 The ENGINEER, also may at any time, by for liquidated damages as specified in the BID for
issuing a FIELD ORDER, make changes in the details each calendar day that the CONTRACTOR shall be in
t of the WORK. The CONTRACTOR shall proceed default after the time stipulated in the CONTRACT
with the performance of any changes in the WORK so DOCUMENTS.
ordered by the ENGINEER unless the 15.4 The CONTRACTOR shall not be charged with
CONTRACTOR believes that such FIELD ORDER liquidated damages or any excess cost when the delay
entitles him to a change in CONTRACT PRICE or in completion of the WORK is due to the following,
TIME, or both, in which event he shall give the and the CONTRACTOR has promptly given
ENGINEER WRITTEN NOTICE thereof within WRITTEN NOTICE of such delay to the OWNER or
• seven (7) days after the receipt of the ordered change. ENGINEER.
Thereafter the CONTRACTOR shall document the
Document No. 11
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i 15.4.1 To any preference, priority or modified by a CHANGE ORDER. Any claim of the
allocation order duly issued by the OWNER. CONTRACTOR for adjustment hereunder shall not be
t:i 15.4.2 To unforeseeable causes beyond the allowed unless he has given the required WRITTEN
control and without the fault or negligence of the NOTICE; provided that the OWNER may, if he
CONTRACTOR, including but not restricted to, act determines the facts so justify, consider and adjust any
1 of God, or of the public enemy, acts of the OWNER, such claims asserted before the date of final payment.
11 acts of another CONTRACTOR in the performance of
a contract with the OWNER, fires, floods, epidemics, 18. SUSPENSION OF WORK, TERMINATION
quarantine restrictions, strikes, freight embargoes, and AND DELAY
abnormal and unforeseeable weather; and 18.1 The OWNER may suspend the WORK or any
15.4.3 To any delays of SUBCONTRACTORS portion thereof for a period of not more than ninety
occasioned by any of the causes days or such further time as agreed upon by the
tl specified in paragraphs 15.4.1 and 15.4.2 of this CONTRACTOR, by WRITTEN NOTICE to the
J article. CONTRACTOR and the ENGINEER which notice
shall fix the date on which WORK shall be resumed.
16. CORRECTION OF WORK The CONTRACTOR will resume that WORK on the
16.1 The CONTRACTOR shall promptly remove date so fixed. The CONTRACTOR will be allowed an
t from the premises all WORK rejected by the increase in the CONTRACT PRICE or an extension
ENGINEER for failure to comply with the of the CONTRACT TIME, or both, directly
CONTRACT DOCUMENTS, whether incorporated in attributable to any suspension.
the construction or not, and the CONTRACTOR shall 18.2 If the CONTRACTOR is adjudged a bankrupt or
promptly insolvent, or if he makes a general assignment for the
'I replace and re-execute the WORK in accordance with benefit of his creditors, or if a trustee or receiver is
f the CONTRACT DOCUMENTS and without expense appointed for the CONTRACTOR or for any of his
to the OWNER and shall bear the expense of making property, or if he files a petition to take advantage of
1 good all WORK of other CONTRACTORS destroyed any debtor's act, or to reorganize under the
or damaged by such removal or replacement. bankruptcy or applicable laws, or if he repeatedly fails
j 16.2 All removal and replacement WORK shall be to supply sufficient skilled workmen suitable materials
done at the CONTRACTOR'S expense. If the or equipment, or if he repeatedly fails to make prompt
I CONTRACTOR does not take action to remove such payments to SUBCONTRACTORS or for labor,
rejected WORK within (10) days after receipt of materials or equipment or if he disregards laws,
WRITTEN NOTICE, the OWNER may remove such ordinances, rules, regulations or orders of any public
I WORK and store the materials at the expense of the body having jurisdiction of the WORK or if he
} CONTRACTOR. disregards the authority of the ENGINEER, or if he
otherwise violates any provision of the CONTRACT
17. SUBSURFACE CONDITIONS DOCUMENTS, then the OWNER may, without
I 17.1 The CONTRACTOR shall promptly, and before prejudice to any other right or remedy and after
f such conditions are disturbed, except in the event of giving the CONTRACTOR and his surety a minimum
an emergency, notify the OWNER by WRITTEN of ten (10) days from delivery of WRITTEN
I NOTICE of: NOTICE, terminate the services of the
17.1.1 Subsurface or latent physical conditions at the CONTRACTOR and take possession of the PROJECT
site differing and of all materials, equipment, tools, construction
I materially from those indicated in the CONTRACT equipment and machinery thereon owned by the
DOCUMENTS; or CONTRACTOR, and finish the WORK by whatever
17.1.2 Unknown physical conditions at the site, of an method he may deem expedient. In such case the
unusual nature, differing materially from those CONTRACTOR shall not be entitled to receive any
I ordinarily encountered and generally recognized as further payment until the WORK is finished. If the
J inherent in WORK of the character provided for in the unpaid balance of the CONTRACT PRICE exceeds
CONTRACT DOCUMENTS. the direct and indirect costs of completing the
` 17.2 The OWNER shall promptly investigate the PROJECT, including compensation for additional
conditions, and if he finds that such conditions do so professional services, such excess SHALL BE PAID
materially differ and cause an increase or decrease in TO THE CONTRACTOR. If such costs exceed such
the cost of, or in the time required for, performance unpaid balance, the CONTRACTOR will pay the
of the WORK, an equitable adjustment shall be made difference to the OWNER. Such costs incurred by the
and the CONTRACT DOCUMENTS shall be
Document No. 11
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I OWNER will be determined by the ENGINEER and delays necessarily caused by the failure of the
incorporated in a CHANGE ORDER. OWNER or ENGINEER.
1 18.3 Where the CONTRACTOR'S services have been
so terminated by the OWNER, said termination shall 19. PAYMENTS TO CONTRACTOR
not affect any right of the OWNER against the 19.1 At least ten (10) days before each progress
,] CONTRACTOR then payment falls due (but not more often than once a
existing or which may thereafter accrue. Any month), the CONTRACTOR will submit to the
retention or payment of monies by the OWNER due ENGINEER a partial payment estimate filled out and
the CONTRACTOR will not release the signed by the CONTRACTOR covering the WORK
] CONTRACTOR from compliance with the performed during the period covered by the partial
ir
J CONTRACT DOCUMENTS. payment estimate and supported by such data as the
18.4 After ten (10) days from delivery of a ENGINEER may reasonably require. If payment is
!1 WRITTEN NOTICE to the CONTRACTOR and the requested on the basis of materials and equipment not
ENGINEER, the OWNER may, without cause and incorporated in the WORK but delivered and suitably
without prejudice to any other right or remedy, elect stored at or near the site, the partial payment estimate
,I to abandon the PROJECT and terminate the Contract. shall also be accompanied by such supporting data,
In such case, the CONTRACTOR shall be paid for all satisfactory to the OWNER, as will establish the
WORK executed and any expense sustained plus OWNER's title to the material and equipment and
reasonable profit. protect his interest therein, including applicable
18.5 If, through no act or fault of the insurance. The ENGINEER will, within ten (10) days
CONTRACTOR, the WORK is suspended for a after receipt of each partial payment estimate, either
period of more than ninety (90) days by the OWNER indicate in writing his approval of payment and
! or under an order of court or other public authority, present the partial payment estimate to the OWNER,
{ or the ENGINEER fails to act on any request for or return the partial payment estimate to the
payment within thirty (30) days after it is submitted, CONTRACTOR indicating in writing his reasons for
or the OWNER fails to pay the CONTRACTOR refusing to approve payment. In the latter case, the
1 substantially the sum approved by the ENGINEER or CONTRACTOR may make the necessary corrections
I awarded by arbitrators within thirty (30) days of its and resubmit the partial payment estimate. The
approval and presentation, then the CONTRACTOR OWNER will, within ten (10) days of presentation to
may, after ten (10) days from delivery of a him of an approved partial payment estimate, pay the
y WRITTEN NOTICE to the OWNER and the CONTRACTOR a progress payment on the basis of
ENGINEER, terminate the CONTRACT and recover the approved partial payment estimate. The OWNER
from the OWNER payment for all WORK executed shall retain ten (10) percent of the amount of each
and all expenses sustained. In addition and in lieu of payment until final completion and acceptance of all
'!
terminating the CONTRACT, if the ENGINEER has work covered by the CONTRACT DOCUMENTS.
failed to act on a request for payment or if the The OWNER at any time, however, after fifty (50)
1 OWNER has failed to make any payment as aforesaid, percent of the WORK has been completed, if he finds
1 the CONTRACTOR may upon ten (10) days written that satisfactory progress is being made, shall reduce
notice to the OWNER and the ENGINEER stop the retainage to five (5%) percent on the current and
1 WORK until he has been paid all amounts then due, in remaining estimates. When the WORK is substantially
I which event and upon resumption of the WORK, complete (operational or beneficial occupancy), the
CHANGE ORDERS shall be issued for adjusting the retained amount may be further reduced below five
CONTRACT PRICE or extending the CONTRACT (5) percent to only that amount necessary to assure
• TIME or both to compensate for the costs and delays completion. On completion and acceptance of a part
1 attributable to the stoppage of the WORK. of the WORK which the price is stated separately in
18.6 If the performance of all or any portion of the the CONTRACT DOCUMENTS, payment may be
I WORK is suspended, delayed, or interrupted as a made in full, including retained percentages, less
I result of a failure of the OWNER or ENGINEER to authorized deductions.
act within the time specified in the CONTRACT 19.2 The request for payment may also include an
DOCUMENTS, or if no time was specified, within a allowance for the cost of such major materials and
reasonable time, an adjustment in the CONTRACT equipment which are suitably stored either at or near
PRICE or an extension of the CONTRACT TIME, or the site.
both, shall be made by CHANGE ORDER to 19.3 Prior to SUBSTANTIAL COMPLETION, the
compensate the CONTRACTOR for the costs and OWNER, with the approval of the ENGINEER and
with the concurrence of the CONTRACTOR, may use
Document No. 11
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I any completed or substantially completed portions of maximum legal rate commencing on the first day after
the WORK. Such use shall not constitute an said payment is due and continuing until the payment
acceptance of such portions of the WORK. is received by the CONTRACTOR.
19.4 The OWNER shall have the right to enter the
premises for the purpose of doing work not covered 20. ACCEPTANCE OF FINAL PAYMENT AS
by the CONTRACT DOCUMENTS. This provision RELEASE
shall not be construed as relieving the 20.1 The acceptance by the CONTRACTOR of final
CONTRACTOR of the sole responsibility for the care payment shall be and shall operate as a release to the
and protection of the WORK, or the restoration of any OWNER of all claims and all liability to the
`j damaged WORK except such as may be caused by CONTRACTOR other than claims in stated amounts
J agents or employees of the OWNER. as may be specifically excepted by the
19.5 Upon completion and acceptance of the WORK, CONTRACTOR for all things done or furnished in
,i the ENGINEER shall issue a certificate attached to the connection with this WORK and for every act and
final payment request that the WORK has been neglect of the OWNER and others relating to or
accepted by him under the conditions of the arising out of this WORK. Any payment, however,
,1 CONTRACT DOCUMENTS. The entire balance final or otherwise, shall not release the
found to be due the CONTRACTOR, including the CONTRACTOR or his sureties from any obligations
retained percentages, but except such sums as may be under the CONTRACT DOCUMENTS or the
lawfully retained by the OWNER, shall be paid to the Performance BOND and Payments BONDS.
CONTRACTOR within thirty (30) days of completion
and acceptance of the WORK. 21. INSURANCE
19.6 The CONTRACTOR will indemnify and save the 21.1 The CONTRACTOR shall purchase and maintain
1 OWNER or the OWNER'S agents harmless from all such insurance as will protect him from claims set
claims growing out of the lawful demands of forth below which may arise out of or result from the
SUBCONTRACTORS, laborers, workmen, CONTRACTOR'S execution of the WORK, whether
mechanics, materialmen, and furnishers of machinery such execution be by himself or by any
1. and parts thereof, equipment, tools, and all supplies, SUBCONTRACTOR or by anyone directly or
I incurred in the furtherance of the performance of the indirectly employed by any of them, or by anyone for
WORK. The CONTRACTOR shall, at the OWNER'S whose acts any of them may be liable:
V request, furnish satisfactory evidence that all
j obligations of the nature designated above have been 21.1.1 Claims under workmen's
paid, discharged, or waived. If the CONTRACTOR compensation, disability benefit and other
fails to do so the OWNER may, after having notified similar employee benefit acts;
li the CONTRACTOR, either pay unpaid bills or 21.1.2 Claims for damages because of bodily
withhold from the CONTRACTOR'S unpaid injury, occupational sickness
compensation a sum of money deemed reasonably or disease, or death of his employees;
1 sufficient to pay any and all such lawful claims until 21.1.3 la ms for damages because of bodily
satisfactory evidence is furnished that all liabilities injury, sickness or disease,
have been fully discharged whereupon payment to the or death of any person other than his employees;
CONTRACTOR shall be resumed, in accordance with 21.1.4 Claims for damages insured by usual
y`+ the terms of the CONTRACT DOCUMENTS, but in personal injury liability
no event shall the provisions of this sentence be coverage which are sustained (1) by any person as a
1 construed to impose any obligations upon the result of an offense directly or indirectly related to the
i OWNER to either the CONTRACTOR, his Surety, or employment of such person by the CONTRACTOR,
i any third party. In paying any unpaid bills of the or(2)by any other person; and
CONTRACTOR, any payment so made by the 21.1.5 Claims for damages because of injury
I OWNER shall be considered as a payment made to or destruction of tangible
{ under the CONTRACT DOCUMENTS by the property, including loss of use resulting therefrom.
OWNER to the CONTRACTOR and the OWNER 21.2 Certificates of Insurance acceptable to the
v shall not be liable to the CONTRACTOR for any such OWNER shall be filed with the OWNER prior to
payments made in good faith. commencement of the WORK. These Certificates shall
19.7 If the OWNER fails to make payment thirty (30) contain a provision that coverages afforded under the
days after approval by the ENGINEER, in addition to policies will not be cancelled unless at least fifteen
other remedies available to the CONTRACTOR, there (15) days prior WRITTEN NOTICE has been given to
i shall be added to each such payment interest at the the OWNER.
Document No. 11
t Page of 11
1
4i
2
1 i 21.3 The CONTRACTOR shall procure and maintain, suitable insurance for the protection of his employees
at his own expense, during the CONTRACT TIME, not otherwise protected.
rI liability insurance as hereinafter specified; 21.5 The CONTRACTOR shall secure, if applicable,
21.3.1 CONTRACTOR'S General Public "All Risk" type Builder's Risk Insurance for WORK
Liability and Property Damage Insurance to be performed. Unless specifically authorized by the
including vehicle coverage issued to the OWNER, the amount of such insurance shall not be
CONTRACTOR and protecting him from all claims less than the CONTRACT PRICE totaled in the BID.
for personal injury, including death, and all claims for The policy shall cover not less than the losses due to
destruction of or damage to property, arising out of or fire, explosion, hail, lightning, vandalism, malicious
, in connection with any operations under the mischief, wind, collapse, riot, aircraft, and smoke
CONTRACT DOCUMENTS, whether , such during the CONTRACT TIME, and until the WORK
operations be by himself or by any is accepted by the OWNER. The policy shall name as
1 SUBCONTRACTOR under him, or anyone directly or the insured the CONTRACTOR, the ENGINEER, and
indirectly employed by the CONTRACTOR or by a the OWNER.
SUBCONTRACTOR under him. Insurance shall be
, written with a limit of liability of not less than 22. CONTRACT SECURITY
l
$500,000 for all damages arising out of bodily injury, 22.1 The CONTRACTOR shall within ten (10) days
including death, at any time resulting therefrom, after the receipt of the NOTICE OF AWARD furnish
sustained by any one person in any one accident; and the OWNER with a Performance Bond and a Payment
'f a limit of liability of not less than $500,000 aggregate Bond in penal sums equal to the amount of the
for any such damages sustained by two or more CONTRACT PRICE, conditioned upon the
persons in any one accident. Insurance shall be written performance by the CONTRACTOR of all
I with a limit of liability of not less than $200,000 for undertakings, covenants, terms, conditions and
all property damage sustained by any one person in agreements of the CONTRACT DOCUMENTS, and
1 any one accident; and a limit of liability of not less upon the prompt payment by the CONTRACTOR to
than $200,000 aggregate for any such damage all persons supplying labor and materials in the
} sustained by two or more persons in any one accident. prosecution of the WORK provided by the
i 21.3.2 The CONTRACTOR shall acquire CONTRACT DOCUMENTS. Such BONDS shall be
and maintain, if applicable, Fire and executed by the CONTRACTOR and a corporate
Extended Coverage insurance upon the PROJECT to bonding company licensed to transact such business in
i the full insurable value thereof for the benefit of the the state in which the WORK is to be performed and
OWNER, the CONTRACTOR, and named on the current list of "Surety Companies
SUBCONTRACTORS as their interest may appear. Acceptable on Federal Bonds" as published in the
1 This provision shall in no way release the Treasury Department Circular Number 570. The
CONTRACTOR or CONTRACTOR'S surety from expense of these Bonds shall be borne by the
obligations under the CONTRACT DOCUMENTS to CONTRACTOR. If at any time a surety on any such
I fully complete the PROJECT. BOND is declared a bankrupt or loses its right to do
21.4 The CONTRACTOR shall procure and maintain, business in the state in which the WORK is to be
at his own expense, during the CONTRACT TIME, performed or is removed from the list of Surety
; in accordance with the provisions of the laws of the Companies accepted on Federal BONDS,
' state in which the work is performed, Workmen's CONTRACTOR shall within ten (10) days after notice
I
Compensation Insurance, including occupational from the OWNER to do so, substitute an acceptable
disease provisions, for all of his employees at the site BOND (or BONDS) in such form and sum and signed
of the PROJECT and in case any work is sublet, the by such other surety or sureties as may be satisfactory
' CONTRACTOR shall require such to the OWNER. The premiums on such BOND shall
SUBCONTRACTOR similarly to provide Workmen's be paid by the CONTRACTOR. No further payments
Compensation Insurance, including occupational shall be deemed due nor shall be made until the new
; disease provisions for all of the latter's employees surety or sureties shall have furnished an acceptable
unless such employees are covered by the protection BOND to the OWNER.
afforded by the CONTRACTOR. In case any class of
employees engaged in hazardous work under this 23. ASSIGNMENTS
contract at the site of the PROJECT is not protected 23.1 Neither the CONTRACTOR nor the OWNER
under Workmen's Compensation statute, the shall sell, transfer, assign or otherwise dispose of the
CONTRACTOR shall provide, and shall cause each Contract or any portion thereof, or of his right, title
SUBCONTRACTOR to provide, adequate and
Document No. 11
Page 9 of 11
rl
i or interest therein, or his obligations thereunder, The CONTRACTOR will afford the other
without written consent of the other party. CONTRACTORS who are parties to such Contracts
9 (or the OWNER, if he is performing the additional
24. INDEMNIFICATION WORK himself), reasonable opportunity for the
24.1 The CONTRACTOR will indemnify and hold introduction and storage of materials and equipment
harmless the OWNER and the ENGINEER and their and the execution of WORK, and shall properly
9 agents and employees from and against all claims, connect and coordinate his WORK with theirs.
damages, losses and expenses including attorney's 25.3 If the performance of additional WORK by other
fees arising out of or resulting from the performance CONTRACTORS or the OWNER is not noted in the
r of the WORK, provided that any such claims, CONTRACT DOCUMENTS prior to the execution of
i] damage, loss or expense is attributable to bodily the CONTRACT, written notice thereof shall be given
injury, sickness, disease or death, or to injury to or to the CONTRACTOR prior to starting any such
tl destruction of tangible property including the loss of additional WORK. If the CONTRACTOR believes
use resulting therefrom; and is caused in whole or in that the performance of such additional WORK by the
part by any negligent or willful act or omission of the OWNER or others involves him in additional expense
CONTRACTOR, and SUBCONTRACTOR, anyone or entities him to an extension of the CONTRACT
il
directly or indirectly employed by any of them or TIME, he may make a claim therefor as provided in
i anyone for whose acts any of them may be liable. Sections 14 and 15.
24.2 In any and all claims against the OWNER or the
I,I ENGINEER, or any of their agents or employees, by 26. SUBCONTRACTING
any employee of the CONTRACTOR, any 26.1 The CONTRACTOR may utilize the services of
SUBCONTRACTOR, anyone directly or indirectly specialty SUBCONTRACTORS on those parts of the
1 employed by any of them, or anyone for whose acts WORK which, under normal contracting practices,
any of them may be liable, the indemnification are performed by specialty SUBCONTRACTORS.
i obligation shall not be limited in any way be any 26.2 The CONTRACTOR shall not award WORK to
limitation on the amount or type of damages, SUBCONTRACTOR(s), in excess of fifty (50%)
compensation or benefits payable by or for the percent of the CONTRACT PRICE, without prior
1 CONTRACTOR or any SUBCONTRACTOR under written approval of the OWNER.
workmen's compensation acts, disability benefit acts 26.3 The CONTRACTOR shall be fully responsible to
t or other employee benefits acts the OWNER for the acts and omissions of his
24.3 The obligation of the CONTRACTOR under this SUBCONTRACTORS, and of persons either directly
paragraph shall not extend to the liability of the or indirectly employed by them, as he is for the acts
It
ENGINEER, his agents or employees arising out of and omissions of persons directly employed by him.
p the preparation or approval of maps, DRAWINGS, 26.4 The CONTRACTOR shall cause appropriate
1 opinions, reports, surveys, CHANGE ORDERS, provisions to be inserted in all subcontracts relative to
designs or SPECIFICATIONS. the WORK to bind SUBCONTRACTORS to the
4 CONTRACTOR by the terms of the CONTRACT
I 25. SEPARATE CONTRACTS DOCUMENTS insofar as applicable to the WORK of
25.1 The OWNER reserves the right to let other SUBCONTRACTORS and to give the
t contracts in connection with this PROJECT. The CONTRACTOR the same power as regards
CONTRACTOR shall afford other CONTRACTORS terminating any subcontract that the OWNER may
' reasonable exercise over the CONTRACTOR under any
opportunity for the introduction and storage of their provision of the CONTRACT DOCUMENTS.
materials and the execution of their WORK, and shall 26.5 Nothing contained in this CONTRACT shall
1 properly connect and coordinate his WORK with create any contractual relation between any
theirs. If the proper execution or results of any part of SUBCONTRACTOR and the OWNER.
I the CONTRACTORS WORK depends upon the
WORK of any other CONTRACTOR, the 27. ENGINEER'S AUTHORITY
CONTRACTOR shall inspect and promptly report to 27.1 The ENGINEER shall act as the OWNER'S
the ENGINEER any defects in such WORK that representative during the construction period. He shall
render it unsuitable for such proper execution and decide questions which may arise as to quality and
' results. acceptability of materials furnished and WORK
25.2 The OWNER may perform additional WORK performed. He shall interpret the intent of the
related to the PROJECT by himself, or he may let CONTRACT DOCUMENTS in a fair and unbiased
i other contracts containing provisions similar to these. manner. The ENGINEER will make visits to the site
Document No. 11
•
Page 10 of 11
i
1
Ti
di i and determine if the WORK is proceeding in DOCUMENTS or the breach thereof, except for
accordance with the CONTRACT DOCUMENTS. claims which have been waived by the making and
rl 27.2 The CONTRACTOR will be held strictly to the acceptance of fmal payment as provided by Section
intent of the CONTRACT DOCUMENTS in regard to 20, shall be decided by arbitration in accordance with
the quality of materials, workmanship and execution the Construction Industry Arbitration Rules of the
of the WORK. Inspections may be made at the factory American Arbitration Association. This agreement to
or fabrication plant of the source of material supply. arbitrate shall be specifically enforceable under the
27.3 The ENGINEER will not be responsible for the prevailing arbitration law. The award rendered by the
construction means, controls, techniques, sequences, arbitrators shall be final, and judgment may be
'1 procedures, or construction safety. entered upon it in any court having jurisdiction
27.4 The ENGINEER shall promptly make decisions thereof.
relative to interpretation of 30.2 Notice of the demand for arbitration shall be
,l the CONTRACT DOCUMENTS. filed in writing with the other party to the
CONTRACT DOCUMENTS and with the American
28. LAND AND RIGHT-OF-WAY Arbitration Association, and a copy shall be filed with
28.1 Prior to issuance of NOTICE TO PROCEED, the ENGINEER. Demand for arbitration shall in no
the OWNER shall obtain all land and right-of-way event be made on any claim, dispute or other matter
J necessary for carrying out and for the completion of in question which would be barred by the applicable
the WORK to be performed pursuant to the statute of limitations.
•1 CONTRACT DOCUMENTS, unless otherwise 30.3 The CONTRACTOR will carry on the WORK
mutually agreed. and maintain the progress schedule during any
28.2 The OWNER shall provide to the arbitration proceedings, unless otherwise mutually
I CONTRACTOR information which delineates and agreed in writing.
describes the lands owned and rights-of-way acquired.
t 28.3 The CONTRACTOR shall provide at his own
k expense and without liability to the OWNER any
I. additional land and access thereto that the
I CONTRACTOR may desire for temporary
construction facilities, or for storage of materials.
r
f 29. GUARANTY
29.1 The CONTRACTOR shall guarantee all
materials and equipment furnished and WORK
1 performed for a period of one (1) year from the date
1 of SUBSTANTIAL COMPLETION. The
CONTRACTOR warrants and guarantees for a period
of one (I) year from the date of SUBSTANTIAL
COMPLETION of the system that the completed
system is free from all defects due to faulty materials
1 of workmanship and the CONTRACTOR shall
promptly make such corrections as may be necessary
1 by reason of such defects including the repairs of any
damage to other parts of the system resulting from
such defects. The OWNER will give notice of
1 observed defects with reasonable promptness. In the
event that the CONTRACTOR should fail to make
such repairs, adjustments, or other WORK that may
be made necessary by such defects, the OWNER may
do so and charge the CONTRACTOR the cost thereby
incurred. The Performance BOND shall remain in full
force and effect through the guarantee period.
30. ARBITRATION
• 30.1 All claims, disputes and other matters in question
, arising out of, or relating to, the CONTRACT
Document No. 11
• Page 11 of 11
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I
SUPPLEMENTAL CONDITIONS
1
1. GENERAL
1.1 These Supplementary Conditions amend or supplement the Standard General Conditions
of the Construction Contract and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and
effect.
,1 2. SPECIFICATIONS
2.1 All Work shall be done in accordance with the latest revision of the State Department of
Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and
,1 Bridge Construction" and CDOT Supplemental Specifications.
3. INTERPRETATION
'1 3.1 All questions pertaining to the interpretation of the contract documents shall be directed to
the Engineer.
DRAHT Consulting, LLC
Engineering • Planning • Surveying
5026 Arrowhead Drive
Greeley, CO 80634
(970) 330-6019
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4. INSURANCE
1 4.1 The Contractor shall procure and maintain at the Contractor's own expense, until final
1 acceptance by the Engineer of the work covered by the contract, insurance for liability for
1 damages imposed by law, of the kinds and in the amounts herein provided, with insurance
companies authorized to do business in the State, covering all operations under the contract,
whether performed by the Contractor or by the subcontractors.
I4.2 The contractor shall furnish certificates of insurance which shall be attached to and made part
of the contract, in a form satisfactory to the Owner, showing compliance with this subsection and
! which certify that the policies will not be changed or canceled until thirty(30) days written notice
{ has been given to the Owner.
s 4.3 The types and minimum limits of insurance are as follows:
I A. Workers' Compensation Insurance in accordance with the prevailing laws.
B. Comprehensive General Liability :
Bodily Injury:
$500,000 Each Occurrence
$1,000,000 Annual Aggregate
Property Damage:
$500,000 Each Occurrence
$1,000,000 Annual Aggregate
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'. i C. Comprehensive Automobile Liability
Bodily Injury:
1 $500,000 Each Occurrence
$1,000,000 Annual Aggregate
Property Damage:
1 $500,000 Each Occurrence
$1,000,000 Annual Aggregate
D. Builder's Risk Insurance not less than total Bid amount.
5. SALES TAX
,.] 5.1 Upon receiving Notice of Award and signing the Agreement with the Owner, the Contractor
shall obtain a copy of Form No. DR172, Application for Exemption Certificate, complete it, and
file it with the Colorado Department of Revenue for sales tax exemption.
J 6. PERMITS AND FEES
6.1 All necessary permits will be supplied by the Owner prior to construction start-up date.
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i 7. GUARANTY AND WARRANTY
7.1 The Contractor will warrant and guarantee the work and improvements for a period of one
e year from the date of final completion as evidenced by the date of written final acceptance of the
7 work, whether constructed by him, obtained from subcontractors, or constituting purchases of
material or equipment.
i 7.2 In addition to the Contractor's warranty, the Contractor shall obtain a similar warranty from
each subcontractor, which warranties shall be delivered to the Engineer upon job completion and
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which warranties shall extend in like terms and to all work and construction done by each of said
1 subcontractors.
1 7.3 These Warranties shall not extend to the conduct of Owner, its agents or employees,
constituting abuse or neglect of the constructed improvements or portions thereof.
8. IMPLIED WORK
1 8.1 The Contractor and each subcontractor shall provide all labor, materials, supplies, tools,
equipment and other services necessary to complete all work shown on the plans, called for in the
specifications, or reasonably implied for a complete installation even though neither shown on
plans or called out in the specifications.
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9. PROTESTS
9.1 If the Contractor considers any work demanded of him by the Engineer to be outside the
requirements of the specifications, he shall immediately ask for a written decision or instructions
and proceed to perform the work to conform to the Engineers ruling.
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1 9.2 If the Contractor considers such instructions unsatisfactory, he shall within twenty-four (24)
hours after receipt of written decision, file a written protest with the Owner, stating his objections
r1� and manner specified and within the time limit stated herein, otherwise the Contractor hereby
waives all grounds for protest.
10. SUBMITTALS
10.1 The Fabricator shall submit to the Engineer for review and approval, before fabrication
begins, the following:
A. Mill test report with heat numbers for all steel components.
B. Certification of Compliance or Manufacturer's Statement of Certification for the
bearing devices.
C. A.W.S. Standard Qualification Certificates for all approved welders.
D. Shop drawings as required in Section 11.
11. SHOP DRAWINGS
11.1 The Contractor shall submit to the Engineer for review and approval, three copies of all
Shop Drawings. The data shown on the Shop Drawings will be complete with respect to the
dimensions, design criteria, materials of construction and like information to enable the Engineer
to review the information as required.
• 11.2 The Engineer will review and approve with reasonable promptness Shop Drawings and
samples, but the Engineer's review and approval shall be only for conformance with the design
concept of the Project and for compliance with the information given in the Contract Documents
and shall not extend to means, methods, sequences, techniques or procedures of construction or
to safety precautions or programs incident thereto. The review and approval of a separate item as
such will not indicate approval of the assembly in which the item functions.
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11.3 The Contractor shall make any corrected copies of the Shop Drawings and resubmit new
samples for review and approval. The Contractor shall direct specific attention in writing to
revisions other than the corrections called for by the Engineer on previous submittals.
12. REJECTED MATERIAL AND WORK
12.1 Whenever defective materials and work are rejected, the Contractor shall promptly remove
such defective portions to the satisfaction of the Engineer. In the event the Contractor fails to
correct rejected items within a reasonable length of time, the Engineer may arrange for such
correction at the expense of the Contractor.
13. DAMAGES
13.1 The Contractor hereby expressly binds himself, or itself, to indemnify and save harmless the
Owner and it's officers and employees against all suits or actions of every kind and nature
brought, or which may be brought, or sustained by any person, firm or corporation, or persons,
firms or corporations, in connection with or on account of any act of commission or omission of
the Contractor of his, it's or their agents or employees, or for any cause arising during the course
of construction.
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PROJECT SPECIAL PROVISIONS
The following Project Special Provisions take precedence over and modify or supplement the
CDOT Standard Specifications for Road and Bridge Construction, dated 1999, which is used to
control construction of this project.
INDEX OF REVISIONS
Description Date No. of
Pages
1 Revision of Section 101 - Definition of Terms Jan. 23, 2007 1
Revision of Section 102 - Bidding Requirements Jan. 23, 2007 1
Revision of Section 104 - Scope of Work Jan. 23, 2007 1
Revision of Section 105 - Control of Work Jan. 23, 2007 1
Revision of Section 106 - Control of Material Jan. 23, 2007 1
- Revision of Section 206 - Excavation & Backfill Jan. 23, 2007 1
Revision of Section 601 - Structural Concrete Jan. 23, 2007 1
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REVISION OF SECTION 101
ri DEFINITION OF TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
1 Subsection 101.20 shall be deleted and replaced with the following:
Department. Poudre River Trail Corridor, Inc.
riSubsection 101.21 shall be deleted and replaced with the following:
District Engineer. Draht Consulting, LLC, 5026 Arrowhead Drive, Greeley, CO
:i 80634, acting directly or through an authorized representative, who is responsible for
the engineering and administrative supervision of the project.
Subsection 101.22 shall be deleted and replaced with the following:
Division. Poudre River Trail Corridor, Inc.
Subsection 101.23 shall be deleted and replaced with the following:
Engineer. Draht Consulting, LLC, 5026 Arrowhead Drive, Greeley, CO 80634,
acting directly or through an authorized representative, who is responsible for the
engineering and administrative supervision of the project.
Subsection 101.32 shall be deleted and replaced with the following:
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t Laboratory. The certified testing laboratory retained by the Contractor.
Subsection 101.42 shall be deleted and replaced with the following:
i Project Engineer. Draht Consulting, LLC, 5026 Arrowhead Drive, Greeley, CO
80634, acting directly or through an authorized representative, who is responsible for
1 the engineering and administrative supervision of the project.
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• Y REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
iSection 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.01 shall be deleted in its entirety.
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I REVISION OF SECTION 104
SCOPE OF WORK
1 Section 104 of the Standard Specifications is hereby revised for this project as follows:
1 Subsection 104.01 shall include the following:
1 Pre-construction Conference:
A pre-construction meeting between the Engineer, the Contractor and his major
subcontractors shall be held prior to the commencement of the work. This meeting will
,1 be for the purpose of clarifying current questions or concerns, further orienting the
contractor to the requirements of the plans and specifications, discuss the submittals
required by the specifications and the time frame required to assemble those items,
informing the Contractor of the Engineers responsibilities to the Owner for the
J observation of the work and develop a time schedule with the Contractor for the
completion of the various stages of the work.
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REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for this project as follows:
ilSubsection 105.04 shall be deleted and replaced with the following:
,1 105.04 Coordinaton of Contract Documents, Plans, and Specificatons
These Specifications, Plans, Special Provisions, General Conditions, Supplemental
Conditions and all supplementary documents are essential parts of the contract, and a
1 requirement occurring in one is as binding as though occuring in all. They are intended
to be complementary and to describe and provide for a complete work. In case of
discrepancy the order of precedence is as follows:
`I I. Special Provisions
A. Project Special Provisions
B. Standard Special Provisions
II. Plans
A. Detailed Plans
B. Standard Plans
Calculated dimensions will govern over scaled dimensions.
t III. Supplemental Conditions
IV. Supplemental Specifications
- V. Standard Specifications
VI. General Conditions
The Contactor shall not take advantage of any apparent error or omission on the plans
or specifications. In the event the Contractor discovers such an error or omission, he
1 shall immediately notify the Engineer. The Engineer will then make such corrections
and interpretations as may be deemed necessary for fulfilling the intent of the plans and
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specifications.
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t REVISION OF SECTION 106
CONTROL OF MATERIAL
` Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.04 shall be revised as follows:
The first paragraph shall include the following:
(4) Two on site inspections will be made to the fabrication plant by the Engineer. One
inspection will be made just prior to the beginning of fabrication and the other
11 inspection prior to the shipment of material to the job site. A minimum of one weeks
J notice shall be given to the Engineer prior to any on site inspection. Contractors that
use fabrication plants located outside a 200 mile radius of the job site, will reimburse
the Engineer for traveling expenses incurred at a rate of$600.00 per inspection.
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i REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR STRUCTURES
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Section 206 of the Standard Specifications is hereby revised for this project as follows:
1 Subsection 206.06 shall the following added follows:
I Structure excavation and structure backfill will be completed by the Contractor. Site
work will be completed so Contractor can begin pile driving at the abutments. All
dewatering and additional measures that may be necessary to drive piling, set abutment
l forms and pour concrete will be the responsibility of the Contractor. The Contractor
1 shall return the site to the condition in was in previous to his construction. Any work
required that the Contractor feels is outside the scope of this section shall be brought to
lthe attention of the Engineer before the work is completed.
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i REVISION OF SECTION 601
STRUCTURAL CONCRETE
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J Section 601 of the Standard Specifications is hereby revised for this project as follows:
rISubsection 601.02, Table 601-1 shall be revised as follows:
Column Number 1; Concrete Class B and D shall have the following 28 day field
r� compressive strength:
Class B - 4000 psi minimum
Class D - 5000 psi minimum
riSubsection 601.05,(a) delete third paragraph and replaced with the following:
The Contractor shall submit to the Engineer the design mix proportions for each class
'1 of concrete. This shall include but not limited to the following:
1. Type of cement
2. Source of aggregate
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3. The actual water/cement ratio by weight
1 4. The amount of each component to be used
5. The name of all the admixtures to be included in the mix
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6. The anticipated unit weight of the concrete
The submittal shall also include an itemized list of the bridge components and where
each class of concrete is to be used. The submittal with all required information shall
be prepared and submitted for approval to the Engineer 40 days before production
I scheduled to begin.
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Subsection 601.08 shall be deleted and replaced with the following:
1 601.08 Consistency
The Contractor shall retain the services of an independent materials testing laboratory
1 licensed in the State to perform the following concrete tests.
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1. Consistency in accordance with AASHTO T 119
2. Air Content in accordance with either AASHTO T 121 (gravimetric method), or
AASHTO T 152 (pressure method), or AASHTO T 196 (volumetric method)
3. Weight per Cubic Foot and Yield in accordance with AASHTO T 121
The testing laboratory shall make a minimum of three 6 by 12 inch concrete test
cylinders from each concrete pour to accurately determine the 7, 14 and 28 day strength
i in accordance with AASHTO T 22.
Subsection 601.14 (a), delete paragraphs 1 and 2 and replace with the following:
All exposed surfaces of bridge pier caps, pier protectors, abutments and all wingwalls
shall receive a Class 5 finish extending to one foot below finished grade or low water
elevation.
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SPECIAL PROVISIONS
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r.1 The following Standard Special Provisions take precedence over and modify or supplement the
CDOT Standard Specifications for Road and Bridge Construction, dated 1999, which is used to
control construction of this project.
`1 INDEX OF REVISIONS
,1 Description Date No. of
Pages
,1 Nationwide Permit Requirements Jan. 23, 2007 2
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I US ARMY CORPS OF ENGINEERS
r NATIONWIDE PERMIT REQUIREMENTS
In performing his work on this project, the Contractor shall adhere to the following general
1 conditions:
1. That any discharge of dredged or fill material will not occur in the proximity of a
public water supply intake.
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2. That any discharge of dredge or fill material will not occur in area of concentrated
shellfish production.
ti3. That the activity will not jeopardize a threatened or endangered species as identified
under the Endangered Species Act, or destroy or adversely modify the critical habitat of
,1 such species.
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4. That the activity shall not significantly disrupt the movement of those species of
1 aquatic life indigenous to the waterbody (unless primary purpose of the fill is to
impound the water).
'I 5. That any discharge of dredge or fill material shall consist of suitable material free
from toxic pollutants (see Section 307 of the Clean Water Act) in toxic amounts.
R 6. That any structure or fill authorized shall be properly maintained.
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7. That the activity will not occur in a component of the National Wild and Scenic
River System, nor in a river officially designated by Congress as a "study river" while
i the river is in an official study status.
8. That the activity shall not cause an unacceptable interference with navigation.
9. That if the activity may adversely affect historic properties which are listed on, or
are determined eligible for listing on, the National Register of Historic Places, the
i permittee will notify the District Engineer. Furthermore, that, if the permittee before or
during prosecution of the work authorized, encounters a historic property that has not
been listed or determined eligible for listing on the National Register, but which may be
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t eligible for listing in the National Register, the permittee shall immediately notify the
District Engineer.
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i 10. That the construction or operation of the activity will not impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty fishing and
hunting rights.
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11. That in certain states, an individual state water quality certification must be
obtained or waved.
12. That in certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived.
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13. That the activity will comply with regional conditions which may have been added
r by the Division Engineer.
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14. That the best management practices listed below shall be followed to the maximum
extent practicable.
A. Discharge of dredged or fill material into waters of the United States shall be
;� avoided or minimized through the use of other practical alternatives.
B. Discharges in spawning areas during spawning shall be avoided.
`i C. Discharges shall not restrict or impede the movement of aquatic species
'1 indigenous to the waters or the passage of normal or expected high flows or
cause the relocation of the water (unless the primary purpose of the fill is to
impound waters.)
D. If the discharge creates an impoundment of water, adverse impacts on the
aquatic system caused by the accelerated passage of water and/or the restriction
of its flow shall be minimized.
E. Discharge in wetland areas shall be avoided.
F. Heavy equipment working in wetlands shall be placed on mats.
G. Discharges into breeding areas for migratory waterfowl shall be avoided.
H. All temporary fills shall be removed in their entirety.
Further Information:
1. District Engineers are authorized to determine if an activity complies with the terms
and conditions of the nationwide permit.
I 2. Nationwide permits do not obviate the need to obtain other Federal, State or local
authorizations required by law.
3. Nationwide permits do not grant any property rights or exclusive privileges.
4. Nationwide permits do not authorize any injury to the property or rights of others.
5. Nationwide permits do not authorize interference with any existing or proposed
Federal Project.
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