246002 Watts Tank Influent Piping Specifcations.pdf

WATTS TANK INFLUENT PIPING REPLACEMENT

P.N. 246002

BOARD OF WATER WORKS

PUEBLO, COLORADO

THIS PAGE LEFT INTENTIONALLY BLANK

INDEX TO SPECIFICATIONS

SECTION NO.

A .................................................. NOTICE FOR BIDS

B .................................................. INSTRUCTIONS FOR BIDDERS

C .................................................. GENERAL PROVISIONS

Board of Water Works, Pueblo, Colorado 1-A

Watts Tank Influent Pipe Replacement P.N. 246002

02/16/2024

NOTICE FOR BIDS

Notice is hereby given that sealed bids will be received upon by the Board of Water Works of

Pueblo, Colorado (Pueblo Water), at Pueblo Water's Purchasing Department, 319 W. 4th Street, Pueblo, Colorado 81003, until 2:00 P.M., Tuesday, April 2, 2024, at which time they will be opened and read in public. Any bids received after the time and date specified will not be considered. Project Documents for this project, WATTS TANK INFLUENT PIPE

REPLACEMENT may be downloaded from the internet free of charge by registering as a “search only” vendor at www.bidnetdirect.com/colorado. Vendors without internet access may obtain

Bidding Documents directly from the Purchasing Department by contacting Lottie Delgado at purchasing@pueblowater.org or (719) 584-0201.

Public Bid Openings will be conducted via conference call. To participate day of bid opening:

1.) Dial 1-800-747-5150

2). Enter the ready access number 5840201.

BIDS: Each bid must be accompanied by a certified check or bid bond in the amount of ten percent

(10%) of the bid amount. Any bid submitted after the time and date specified will not be considered.

Pueblo Water reserves the right to reject any and all bids, or to accept that bid or proposal which in their opinion best serves the interest of Pueblo Water.

A Mandatory informational pre-bid meeting will be held at the job site (Watts Tank) on Thursday, February 29, 2024, at 2:00 PM. Since the entry to the tank is considered a confined space area, you are required to wear a safety harness and hard hat. Address: 1500 Watts Place, Pueblo, Colorado 81008

DESCRIPTION OF WORK:

BASE BID. Provide labor, equipment and materials for the demolition of approximately 400 L.F.

cast iron pipe, install 400 L.F. of 20” Internal Restraint C900 pipe and appurtenances inside the

5.8 MG below ground Watts Tank. Pueblo Water will provide pipe, flanges, valves, bolts and nuts, roll-offs for scrap iron (property of Pueblo Water). Contractor will provide necessary materials for construction including epoxy paint, concrete touch up, grouting, shimming, strapping, etc.

Upon Mandatory Pre-Bid Inspection, it will be determined if new pipe cradles will need to be installed, as well as demolition of existing cradles.

PERIOD FOR COMPLETION: Pueblo Water will award the contract by April 18, 2024. The

Project Duration is from October 1 thru December 13, 2024.

BOARD OF WATER WORKS OF PUEBLO, COLORADO

Lottie Delgado, Procurement Specialist http://www.bidnetdirect.com/colorado mailto:purchasing@pueblowater.org

Board of Water Works, Pueblo, Colorado 2-A

P.N. 246002

02/16/2024

PROPOSAL OF THE BOARD OF WATER WORKS

OF PUEBLO, COLORADO

WATTS TANK INFLUENT PIPE REPLACEMENT

Name and Address of Contractor

BASE BID

Bid

Item

No. Description Quantity Unit Price

Amount

1 Pipe and Appurtenances Installation 1 L.S.

Base Bid Total $

MOBILIZATION (Not to Exceed 4% of Sub-Total Base Bid): $

TOTAL: BASE BID AND MOBILIZATION $

Board of Water Works, Pueblo, Colorado 3-A

P.N. 246002

02/16/2024

BASIS OF AWARD: Pueblo Water will award the contract to the qualified contractor who submits a responsible bid based on price, schedule and demonstrated on the “BASE BID AND

MOBILIZATION”.

PERIOD FOR COMPLETION: The date of starting work shall be fixed in a written notice from the Engineer to the Contractor, which notice shall be mailed to, or served upon, the Contractor, not less than ten (10) days before the starting date fixed therein. The Contractor shall commence the work on or before the starting date fixed in said notice and complete the work as herein described. (See also Section C.1201-Work Completion Date.)

LIQUIDATED DAMAGES: Should Contractor fail to complete the Work by the Work

Completion Date, Contractor shall pay to Pueblo Water, as liquidated damages and not as penalty, $400.00 per day of default unless the Contract Time is extended by Pueblo Water.

The individual, partnership, joint venture, or corporation, named hereinafter as the Contractor agrees to perform this contract in strict accordance with the following general provisions, plans and specifications.

In the event the Contractor is delayed in the prosecution and completion of the Work because of any delays caused by Pueblo Water or Engineer, the Contractor shall have no claim against Pueblo

Water or Engineer for damages or contract adjustment other than an extension of the Contract time and the waiving of liquidated damages during the period occasioned by the delay.

CONTRACTOR

Print Name

Signature

Title

WORK COMPLETION DATE: December 13, 2024

"RESIDENT BIDDER" STATUS:

Bidder is claiming "Resident Bidder" status. Yes_________ No_________

(If yes, see Section B.0901 for required submittals)

Board of Water Works, Pueblo, Colorado 4-A

P.N. 246002

BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we, (Hereinafter called the "Principal"), as Principal and the of , a corporation duly organized under the laws of the State of , (Hereinafter called the "Surety"), as Surety, are held and firmly bound unto the Board of Water

Works of Pueblo, Colorado (Hereinafter called the "Obligee"), in the sum of

___________________________________________ Dollars ($____________), for the payment of which sum will and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid to

BASE BID. Provide labor, equipment and materials for the demolition of approximately 400 L.F.

cast iron pipe, install 400 L.F. of 20” Internal Restraint C900 pipe and appurtenances inside the

5.8 MG below ground Watts Tank. Pueblo Water will provide pipe, flanges, valves, bolts and nuts, roll-offs for scrap iron (property of Pueblo Water).

Now, therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the

Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this ____________ day of _____________________________, A.D., 2022.

(Principal)

(Title)

(Surety)

(Title)

Board of Water Works, Pueblo, Colorado 5-A

Board of Water Works, Pueblo, Colorado 6-A

Board of Water Works, Pueblo, Colorado 7-A

Board of Water Works, Pueblo, Colorado 8-A

Board of Water Works, Pueblo, Colorado 9-A

Board of Water Works, Pueblo, Colorado 10-A

Board of Water Works, Pueblo, Colorado 11-A

Board of Water Works, Pueblo, Colorado 12-A

P.N. 246002

02/16/2024

CONTRACT OF BOARD OF WATER WORKS

OF PUEBLO, COLORADO

Name of Contractor

Address of Contractor

Contract Work to be Performed: Watts Tank Influent Pipe

Replacement P.N. 246002

Total Contract Price (expressed in words and figures) $

The Board of Water Works of Pueblo, Colorado (hereinafter called Pueblo Water), and the individual, partnership, joint venture, or corporation named above (hereinafter called the

Contractor) mutually agree to perform this contract in strict accordance with the following general provisions, plans and specifications.

This Contract consists of the following components parts and documents, all of which are fully a part of the Contract as if herein set out verbatim, or if not attached, as if hereto attached.

Notice for Bids General Provisions

Proposal Bid Bond

Certificate of Insurance Measurement and Payment

Performance Bond Project Drawings (if any)

Payment Bond Addenda (if any)

Contract

Instructions for Bidders

WORK COMPLETION DATE: December 13, 2024

LIQUIDATION DAMAGES: Should Contractor fail to complete the Work by the Work

Completion Date, Contractor shall pay to Pueblo Water, as liquidated damages and not as penalty, $400.00 per day of default unless the Contract Time is extended by Pueblo Water.

The individual, partnership, joint venture, or corporation, named hereinafter as the Contractor agrees to perform this contract in strict accordance with the following general provisions, plans and specifications.

Board of Water Works, Pueblo, Colorado 13-A

P.N. 246002

02/16/2024

CONTRACT OF BOARD OF WATER WORKS

OF PUEBLO, COLORADO

Watts Tank Influent Piping Replacement

In witness whereof, the Parties hereto have executed this contract by their duly authorized representatives.

THE BOARD OF WATER WORKS OF

PUEBLO, COLORADO

CONTRACTOR

By:

Organization

Signature Signature

Official Title Official Title

Date Date

INDEX TO

INSTRUCTIONS FOR BIDDERS

SECTION NO. PAGE NO.

B.0100 ........... DRAWINGS AND SPECIFICATIONS .......... 1-B

B.0200 ........... EXAMINATION OF SITE AND

CONTRACT DOCUMENTS .......................... 1-B

B.0201 ........... NOT USED ..................................................... 1-B

B.0300 ........... PREPARATION OF BID ................................ 1-B

B.0400 ........... SIGNATURE TO BIDS ................................... 1-B

B.0500 ........... BID GUARANTEE ......................................... 2-B

B.0600 ........... QUALIFICATION OF BIDDERS .................. 2-B

B.0700 ........... MODIFICATIONS PRIOR TO DATE OF

BID OPENING. ............................................... 2-B

B.0800 ........... SALES AND USE TAXES ............................. 2-B

B.0900 ........... SUBMISSION OF BIDS ................................. 3-B

B.0901 ........... RESIDENT BIDDER STATUS ...................... 4-B

B.1000 ........... WITHDRAWAL OF BIDS ............................. 4-B

B.1100 ........... AWARD OF CONTRACT .............................. 4-B

B.1200 ........... CONTRACT AND BOND .............................. 5-B

B.1300 ........... USE OF COLORADO LABOR ...................... 5-B

B.1400 ........... LAWS AND REGULATIONS ........................ 6-B

B.1500 ........... BIDDER RESPONSIBILITIES ....................... 6-B

Board of Water Works, Pueblo, Colorado 1-B

P.N. 246002

INSTRUCTIONS FOR BIDDERS

B.0100-DRAWINGS AND SPECIFICATIONS

Proposal and documents, including the project drawings and specifications, may be downloaded from the internet free of charge by registering as a “search only” vendor at www.bidnetdirect.com/colorado . Vendors without internet access may obtain Bidding

Documents directly from the Purchasing Department by contacting Lottie Delgado at purchasing@pueblowater.org or (719) 584-0201.

** Public Bid Openings will be conducted via conference call. To participate day of bid opening:

1.) Dial 1-800-747-5150

2). Enter the ready access number 5840201.

B.0200-EXAMINATION OF SITE AND CONTRACT DOCUMENTS

Each bidder should carefully examine the proposal documents and the site of the work, and fully acquaint himself/herself with all conditions and matters which can in anyway affect the work or the cost thereof.

B.0201-NOT USED

B.0300-PREPARATION OF BID

Bids must be submitted on the attached prescribed form. Bid prices must be filled in, in ink, or typewritten. The unit cost per item must be shown and extended for the total based on quantities shown. In case of discrepancy between unit cost and total extended, the unit cost will prevail.

B.0400-SIGNATURE TO BIDS

A Bid by a corporation shall be executed in the corporate name by the president or the vice-president or by another corporate officer, accompanied by evidence of authority to sign for the corporation.

A Bid by a partnership shall be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm shall be shown below the signature.

A Bid by an individual shall show the Bidder’s name.

A Bid by a joint venture shall be executed by each joint venture.

http://www.bidnetdirect.com/colorado mailto:cdelgado@pueblowater.org

Board of Water Works, Pueblo, Colorado 2-B

P.N. 246002

B.0500-BID GUARANTEE

Each bid must be accompanied by certified check or bid bond in the amount of ten (10) percent of the bid amount. If a bid bond is submitted, the approved form of bid bond attached herewith must be executed by the bidder as principal and have as surety thereon, a company satisfactory to

Pueblo Water. The bid guarantee will be returned to all except the two (2) lowest acceptable bidders within ten (10) days after the opening of the bids and the remaining checks or bid bonds will be returned within forty-eight (48) hours after Pueblo Water and the successful bidder have executed the contract for the Work. If no such contract is executed within the thirty (30) days after the date of the opening of bids, or if all bids are rejected prior to such time, the guarantees will be returned at the time of rejection or at the end of the thirty (30) day period. If the bidder to whom the contract is awarded refuses or neglects to execute it, or fails to furnish the required performance and payment bonds as required herein, the amount of his guarantee, or as much thereof as may be applicable to the amount of the award to him, shall be forfeited and shall be retained by Pueblo Water as liquidated damages.

B.0600-QUALIFICATION OF BIDDERS

Any contractor wishing to submit a bid on this project must provide at least 3 examples of similar type projects in size and complexity with references.

B.0700-MODIFICATION PRIOR TO DATE OF BID OPENING

Modifications of the Contract Documents will be made by written addendum to the documents.

Copies of each addendum will be furnished to each holder of the Contract Documents.

B.0800-SALES AND USE TAXES

All taxes that are lawfully assessed against Pueblo Water or Contractor in connection with the work shall be paid by the Contractor. The bid prices shall include all such taxes and the costs of all required permits.

CITY OF PUEBLO SALES OR USE TAX

There are NO tax-exempt projects within the City of Pueblo. The Contractor and any

Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. Pre-payment of City of

Pueblo taxes is available by contacting the City of Pueblo. All General Contractors and

Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance.

Their telephone number is (719) 553-2659 or 719-553-2664.

A report of all taxes paid to local entities shall be provided to Pueblo Water.

PUEBLO COUNTY SALES OR USE TAX

The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County.

Board of Water Works, Pueblo, Colorado 3-B

STATE OF COLORADO SALES OR USE TAX

Pursuant to C.R.S. 39-26-708, all sales of construction and building materials for this project are exempt from States sales and use tax, local sales tax if administered by the State of Colorado, and RTD sales tax. Such sales and use taxes shall not be included in the bid. Contractor shall be responsible for obtaining certificates of exemption from the Colorado State Department of

Revenue. A copy of the certificates shall be furnished to Pueblo Water.

B.0900-SUBMISSION OF BIDS

The Board of Water Works of Pueblo, CO (Pueblo Water) will accept proposals in hard copy format, fax or submitted online using Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado. Pueblo Water does not accept proposals via email.

Hard copy bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, the bidder's address, the name of the project for which the bid is submitted, and the date of the bid opening. Hard copy bids should be dropped off utilizing the drive-thru at 319 W. 4th

Street, Pueblo, CO 81003. If forwarded by mail, the sealed envelope containing the bids, and marked as directed above, must be enclosed in another envelope properly addressed.

Bids may be submitted by the use of facsimile equipment to FAX number 719/584-0279 according to the following:

1. Proposals/bids received on facsimile equipment will not be reviewed or evaluated upon receipt. The bid or proposal will be placed in a sealed envelope until the designated bid opening date and time.

2. Pueblo Water does not guarantee the availability or reliability of facsimile equipment.

Bidders should allow enough time prior to scheduled bid opening for access to Pueblo

Water's facsimile equipment. The Board of Water Works accepts no responsibility for equipment failures or availability; bidders choosing to use facsimile equipment do so at their own risk.

3. Pueblo Water will only accept bids that are fully received prior to the scheduled bid opening. Any bid that is printing at the bid opening time will be considered late and unacceptable.

4. Any bid received by Pueblo Water by facsimile equipment must be confirmed with an original copy including original signature within two business days of bid opening. Fax quotes not confirmed within this time period will be considered unacceptable. New or varied information will not be accepted in the follow-up original.

https://www.bidnetdirect.com/colorado

Board of Water Works, Pueblo, Colorado 4-B

P.N. 246002

B.0901-RESIDENT BIDDER STATUS

In accordance with Colorado Statute C.R.S. 8-19-101 et seq titled “Bid Preference - Public

Projects”, each bidder shall submit with his bid a statement declaring whether or not he is claiming “resident bidder” status under the statute. If bidder is not claiming “resident bidder” status, no additional documentation is required. If bidder is claiming “resident bidder” status, bidder must provide the following with his bid:

1. A letter signed by the appropriate officer(s) of the legal entity or entities bidding on the project certifying that the bidder is now and was at the time the bid was submitted a

“resident bidder”, as defined by C.R.S. 8-19-101, et seq.

2. All documentation that bidder cares to provide substantiating the certification contained in the letter.

3. An unlimited opinion letter or letters from the corporate general counsel of the legal entity or entities giving their opinion that the bidder is a “resident bidder”, as defined under C.R.S. 8-19-101, et seq.

The factual basis for a determination of whether the bidder is a "resident bidder", as defined under the statute, are clearly better known to the bidder than to Pueblo Water.

Therefore, these letters of certification, counsel's opinion letters, and substantiating documents should be given with the understanding that they will be relied upon by Pueblo Water in the process of deciding to whom and under what conditions an award of bid, if any, will be made.

B.1000-WITHDRAWAL OF BIDS

Bids may be withdrawn in writing prior to the date of opening of bids. After such date a bidder may not withdraw his bid until the expiration of thirty (30) days, after which time a bid may be withdrawn only in writing.

B.1100-AWARD OF CONTRACT

Award of Contract will be made, if at all possible, to the lowest responsible bidder complying with the requirements of the proposal documents, provided the bid is reasonable and it is in the best interest of Pueblo Water to accept it. Pueblo Water, however, reserves the right to reject any or all bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional bids, and to reject the bid of any bidder if Pueblo

Water believes that it would not be in the best interest of Pueblo Water to make an award to that bidder. Pueblo Water also reserves the right to waive informalities.

In evaluating bids, Pueblo Water will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Proposal or prior to the Notice of Award.

Board of Water Works, Pueblo, Colorado 5-B

P.N. 246002

02/16/2024

Pueblo Water may conduct such investigations as Pueblo Water 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 and furnish the Work in accordance with the Contract Documents to Pueblo Water’s satisfaction within the prescribed time.

If the Contract is to be awarded, Pueblo Water will give the successful bidder a Notice of Award within thirty (30) days after the date of the opening of bids.

B.1200-CONTRACT AND BOND

The bidder to whom the award is made shall execute the standard form of agreement of Pueblo

Water and furnish the performance bond and the payment bond required in the specifications, within ten (10) days after the agreement form is presented and Pueblo Water has ratified his contract. A one year maintenance bond shall also be provided by the successful Contractor for all work, except for street, curb and gutter, and sidewalk, which requires a two year maintenance bond.

B.1300-USE OF COLORADO LABOR

This contract is subject to the provisions of Colorado Revised Statutes (C.R.S.) Sections 8-

17-101 through 107, which provide in part as follows:

Whenever any public works project financed in whole or in part by funds of the state, counties, school districts, or municipalities of the state of Colorado are undertaken in this state, Colorado labor shall be employed to perform at least eighty percent of the work. The governmental body financing a public works project shall waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient

Colorado labor to perform the work of the project and if compliance with this article would create an undue burden that would substantially prevent a project from proceeding to completion.

"Colorado labor" means any person who is a resident of the state of Colorado, at the time of the public works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of

Colorado is a person who can provide a valid Colorado driver's license, a valid

Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.

The successful bidder will be required to submit to the Engineer, at the preconstruction conference, a certified statement that the bidder is able to and will comply with the above referenced sections of the Colorado Revised Statutes.

Board of Water Works, Pueblo, Colorado 6-B

P.N. 246002

B.1400-LAWS AND REGULATIONS

CRS 8-17.5-101 and CRS 8-17.5-102 repealed July 2022.

B.1500-BIDDER RESPONSIBILITIES

It is the responsibility of each Bidder, before submitting a Bid, to become familiar with all

Federal, State, and Local Laws, Regulations and Ordinances that may affect the cost, progress or performance of the Work.

INDEX TO

GENERAL PROVISIONS

SECTION NO. PAGE NO.

C.0100 ........... DEFINITIONS ................................................. 1-C

C.0200 ........... PRELIMINARY ITEMS ................................. 1-C

C.0201 ........... Contractor’s Understanding ............................. 1-C

C.0202 ........... Commencement of Contract Time ................... 2-C

C.0203 ........... Report Errors and Discrepancies ...................... 2-C

C.0204 ........... Pre-Construction Conference ........................... 2-C

C.0300 ........... CONTRACT DOCUMENTS .......................... 2-C

C.0301 ........... Intent ................................................................ 2-C

C.0302 ........... Waiver .............................................................. 3-C

C.0400 ........... PHYSICAL CONDITIONS ............................. 3-C

C.0401 ........... Use of Pueblo Water’s Land ............................ 3-C

C.0402 ........... Use of Adjoining Property ............................... 3-C

C.0403 ........... Monuments and Stakes .................................... 3-C

C.0404 ........... Public Utilities .................................................. 3-C

C.0500 ........... BONDS AND INSURANCE ........................... 4-C

C.0501 ........... Bonds .............................................................. 4-C

C.0502 ........... Insurance .......................................................... 4-C

C.0600 ........... CONTRACTOR RESPONSIBILITIES .......... 8-C

C.0601 ........... Responsibilities of Contractor .......................... 8-C

C.0602 ........... Independent Contractor .................................... 8-C

C.0603 ........... Superintendence ............................................... 8-C

C.0604 ........... Assignment of Contract.................................... 8-C

C.0605 ........... Contractor’s Risks ............................................ 8-C

C.0606 ........... Patented Devices .............................................. 9-C

C.0607 ........... Working Hours of Contractor .......................... 9-C

C.0608 ........... Contractor Not to Hire Pueblo Water Employees 9-C

C.0609 ........... Subcontractors .................................................. 9-C

C.0610 ........... Permits ............................................................. 9-C

C.0611 ........... Laws and Ordinances ....................................... 10-C

C.0612 ........... Safety Requirements ........................................ 10-C

C.0613 ........... Sanitary Facilities ............................................. 11-C

C.0614 ........... Indemnification ................................................ 11-C

C.0700 ........... WORK BY OTHERS ...................................... 11-C

C.0710 ........... Rights of Various Interests ............................... 11-C

C.0800 ........... OWNER RESPONSIBILITIES ....................... 11-C

C.0810 ........... Responsibilities of Pueblo Water ..................... 11-C

C.0900 ........... ENGINEER’S STATUS .................................. 11-C

C.0901 ........... Authority of the Engineer................................. 11-C

C.0902 ........... Inspection ......................................................... 12-C

C.1000 ........... CHANGES IN THE WORK ............................ 12-C

C.1001 ........... Change of Work ............................................... 12-C

C.1002 ........... Extra Work ....................................................... 12-C

C.1003 ........... Decreased Work ............................................... 13-C

C.1100 ........... CHANGES IN CONTRACT PRICE ............... 13-C

C.1101 ........... Contract Price ................................................... 13-C

C.1102 ........... Change Order ................................................... 13-C

C.1200 ........... CHANGE IN THE CONTRACT TIME .......... 14-C

C.1201 ........... Work Completion Date .................................... 14-C

C.1202 ........... Liquidated Damages......................................... 14-C

C.1300 ........... WARRANTY AND GUARANTEE ............... 14-C

C.1301 ........... Guarantee of Contractor ................................... 14-C

C.1302 ........... Defective Work ................................................ 15-C

C.1303 ........... Acceptance ....................................................... 15-C

C.1400 ........... PAYMENTS .................................................... 16-C

C.1401 ........... Payments and Notice of Settlement ................. 16-C

C.1402 ........... Quantities ......................................................... 16-C

C.1403 ........... Withholding of Payment .................................. 16-C

C.1500 ........... SUSPENSION OF WORK AND

TERMINATION .............................................. 17-C

C.1501 ........... Failure of Performance by the Contractor ........ 17-C

C.1502 ........... Annulment Without Fault of Contractor .......... 18-C

C.1600 ........... MISCELLANEOUS ........................................ 18-C

C.1601 ........... Notice ............................................................... 18-C

C.1602 ........... Salvage ............................................................. 18-C

C.1603 ........... Normal Work Day of Pueblo Water................. 18-C

C.1604 ........... Equipment and Labor Rate Schedule ............... 19-C

Board of Water Works, Pueblo Colorado 1-C

P.N. 246002

GENERAL PROVISIONS

C.0100-DEFINITIONS

All references within these Contract Documents in one number shall be deemed extended to and including the other number, whether singular or plural, and the use of any gender shall be applicable to all genders.

“Pueblo Water” shall mean the authorized officials of the Board of Water Works of Pueblo, Colorado.

“Contract Documents” shall mean the following components parts and documents: Notice for Bids, Proposal, Bid Bond, Certificate of Insurance, Performance Bond, Payment Bond, Contract, Instructions for Bidders, General Provisions, Specifications for Installation of Water Mains, Material

Specifications, Measurement and Payment, Project Drawings (Sheets 1 – 13), and Addenda (if any).

“Contractor” shall mean Party of the Second Part or his authorized representatives. If the Contractor is a corporation, the words “he”, “him”, “his”, wherever they refer to the Contractor, shall be read as

“it” or “its”.

“Engineer” shall mean the Director of Operations, Division Manager TD&E, Engineering Manager, Civil Engineer, or Construction Engineer of Pueblo Water.

“Project Representative” shall mean duly authorized assistants of the Engineer, limited by the particular duties to which they are assigned.

“Work” shall mean any or all parts of the matters covered by this Contract.

C.0200-PRELIMINARY ITEMS

C.0201-Contractor's Understanding

It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the Work, conformation of the ground, the character, quantity and quality of materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work. No oral agreement or conversation with any officer, agent or employee of Pueblo Water, either before or after the execution of this contract, shall affect or ratify any of the terms or obligations herein contained.

Insofar as is known to Pueblo Water, and, according to the records available and at its disposal, the information known about the mains to be worked on under this contract is shown on the project drawings supplied as a part of this contract. No warranty is expressed or implied as to the accuracy and completeness of this information.

Board of Water Works, Pueblo Colorado 2-C

P.N. 246002

C.0202-Commencement of Contract Time

The date of starting work shall be fixed in a written notice from the Engineer to the Contractor, which notice shall be mailed to, or served upon, the Contractor, not less than ten (10) days before the starting date fixed therein. The Contractor shall commence the work on or before the starting date fixed in said notice and complete the work as herein described.

C.0203-Report Errors and Discrepancies

Before starting the Work, the Contractor shall examine and compare the project drawings and specifications and shall report to the Engineer any errors or discrepancies found therein. If the

Contractor, in the course of the Work, finds any discrepancy between the plans and the physical conditions of the locality, or any applicable building code, or ordinances, or any errors or omissions in the project drawings, or in the layout as given by said points and instructions, it shall be his/her duty to inform the Engineer immediately, in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized by the Engineer, will be done at the

Contractor's risk.

C.0204-Pre-Construction Conference

A pre-construction conference involving the Engineer, other Pueblo Water personnel, and the

Contractor, with his selected personnel, must be held no later than one week prior to the start of construction. At this meeting a schedule showing the planned sequence of the Work, including pipe installation, asphalt repairs, concrete repairs, and cleanup, will be submitted by the Contractor to

Pueblo Water for approval by the Engineer. The Contractor should also submit at this time a traffic control and signing plan; Erosion and Sediment Control Plan; telephone numbers of key personnel who can be reached twenty-four (24) hours a day, seven (7) days per week; wage rates for various classifications of employees; equipment rental rates; copies of any required City or County permits;

letter(s) from the owners of private property giving the Contractor permission to use their property; a list of the proposed sub-contractors along with their certificates of insurance; Colorado State Sales Tax

Exemption number; the name and address of the Contractor’s bonding company; a sample of the bedding material; and a statement of compliance to C.R.S. 8-17-101.

C.0300-CONTRACT DOCUMENTS

C.0301-Intent

The Contract Documents comprise the entire agreement between Pueblo Water and Contractor concerning the work. They may be altered only by addendum or change order.

The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the work, Contractor finds a conflict, error or discrepancy in the

Contract Documents, it shall be reported to the Engineer in writing at once and before proceeding with the work affected thereby.

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C.0302-Waiver

It is expressly understood and agreed that any waiver on the part of Pueblo Water or the Engineer, on any term, provision, or covenant of this contract shall not constitute a precedent, nor bind Pueblo

Water or the Engineer, to a waiver of any succeeding breach of the same or any other of the terms, provisions or covenants of this contract.

C.0400-PHYSICAL CONDITIONS

C.0401-Use of Pueblo Water's Land

Pueblo Water shall provide the land upon which the Work under this contract is to be done. Pueblo

Water will, so far as it can conveniently do so, permit the Contractor to use so much of its land as is required for the erection of temporary construction facilities and storage of materials, together with the right of access to same, but beyond this the Contractor shall provide, at his cost and expense, any additional land required.

C.0402-Use of Adjoining Property

N/A

C.0403-Monuments and Stakes

C.0404-Public Utilities

Pueblo Water will locate, in advance of excavation, to the best of its knowledge, all water mains, services, valves and fittings in connection with the work to be done. However, Pueblo Water will not guarantee the exact location and configuration of buried utilities, and the Contractor must assume all responsibility for added labor and any damage occurring as the result of his operation.

The Contractor shall obtain the location, including “potholing” where necessary, of all other utility mains and services from the various public utility companies before beginning any excavation and will be held responsible for damage to said utilities and services.

The gas mains, telephone cable, and sewer mains shown on the project drawings are for general information purposes only; most fire alarm lines, traffic signal light lines, cable television lines, telephone lines, and electrical lines are not shown.

All storm sewers, sanitary sewers, water, gas pipes, or electric conduits, buried cables and overhead wires, are to be carefully supported and protected from injury by the Contractor, either until the

Work shall be completed or until the representatives of the various utility companies shall remove or change their pipe or conduits.

The Contractor shall make all arrangements with the utility companies for alteration of their utilities.

Any costs associated with utility re-locations, sleeving of overhead power lines, temporary bracing of utility poles, alterations, or damage shall be at the expense of the Contractor.

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The cost of any required flagmen, watchmen, surveys, or inspection by other governmental bodies, utilities, railroads, or ditch companies shall be at the expense of the Contractor.

C.0500-BONDS AND INSURANCE

C.0501-Bonds

A. CONTRACTOR shall furnish Performance, Payment, and Maintenance Bonds acceptable to

PUEBLO WATER, each in an amount at least equal to the Agreement Price, as security for the faithful performance and payment of all CONTRACTOR's obligations under the Agreement

Documents. These Bonds shall remain in effect at least two (2) year after the date of final payment, except as provided otherwise by Laws or Regulations or by the Agreement Documents.

CONTRACTOR shall also furnish such other Bonds as are required by the Agreement Documents.

B. All Bonds shall be in the form prescribed by the Agreement Documents and Laws or Regulations

(to the extent such Laws and Regulations impose additional requirements), and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as

Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in

Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S.

Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

C. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within twenty (20) days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.8 and 5.02.

C.0502-Insurance

All Bonds and insurance policies required by the Agreement Documents to be purchased and maintained by PUEBLO WATER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized to issue Bonds or insurance policies for the limits and coverages so required in the jurisdiction in which the Work is located. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the

Agreement Documents.

A. For the duration of the Agreement and for a period of not less than eight (8) years after Final

Completion of the Work, CONTRACTOR shall, at his own expense, procure and maintain insurance and shall require all subcontractors of all tiers to provide and maintain insurance of the type and in the limits as set forth below, on all operations, in companies authorized to do business in the State of

Colorado and rated by A.M. Best's Rating as AVIII or better, or in companies acceptable to

PUEBLO WATER, as follows:

1. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation insurance shall be provided as required by an applicable law or regulation. Employer's liability

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02/16/2024 insurance shall be provided in amounts not less than $500,000 each accident for bodily injury by accident, $500,000 policy limit for bodily injury by disease, and $500,000 each employee for bodily injury by disease. CONTRACTOR shall require each subcontractor similarly to maintain Workers'

Compensation and Employer Liability insurance.

2. General Liability Insurance. Commercial General Liability insurance, with a riggers liability endorsement, on an occurrence form, covering all operations by or on behalf of CONTRACTOR providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:

a. Premises and operations liability;

b. Products liability;

c. Completed operations liability shall be provided for two (2) years following substantial completion of the Work;

d. Broad form contractual liability insuring the obligations assumed by CONTRACTOR in this agreement, including indemnity obligations;

e. Broad form property damage for property in the care, custody, and control of the

CONTRACTOR;

f. X.C.U. Coverage - If the Agreement requires any work procedures involving blasting, excavating, tunneling, or other underground work, the liability coverage shall include coverage commonly referred to as X.C.U. for explosion, collapse and underground hazards;

g. Personal injury and advertising liability;

h. railroad liability within fifty feet (50') of railroad, if working within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing; and

i. Independent contractors. Except with respect to bodily injury and property damage included within the products and completed operations, the aggregate limits, where applicable, shall apply separately to CONTRACTOR's work under this Agreement. The limits of liability shall not be less than: $1,000,000 each occurrence (combined single limit for bodily injury and property damage) $1,000,000 for Personal and Advertising Injury

Liability $2,000,000 Aggregate for Products-Completed Operations $2,000,000 General

Aggregate.

3. Automobile Liability Insurance (Bodily Injury and Property Damage Liability) including coverage for all owned, hired, and non-owned automobiles. The limits of liability shall not be less than $1,000,000 Combined Single Limit occurrence for each accident. CONTRACTOR's

Automobile Liability insurance policy shall include coverage for Automobile Contractual Liability.

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4. Professional Liability. If the Agreement requires any work for professional services, CONTRACTOR must carry Professional Liability insurance including errors and omission coverage in an amount not less than $1,000,000 per occurrence or claims made and aggregate.

5. Pollution Liability. In the event the Agreement involves any excavation, subsurface, underground, or dewatering work, CONTRACTOR must carry at all times during the term of this

Agreement, and for twenty-four (24) months following termination of this Agreement, a Pollution

Liability policy with limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for Bodily Injury, Personal Injury, and Property Damage. This coverage must include any losses arising from transit exposures and include all costs associated with clean-up, containment, and disposal of any hazardous liquids or materials. This insurance must include coverage for any costs arising out of mold or fungus claims or issues.

6. Umbrella/Excess Liability.

a. CONTRACTOR shall maintain umbrella/excess liability insurance in an amount of not less than

$1,000,000 with respect to coverage required under the Commercial General Liability, Automobile

Liability, and Employer's Liability. This coverage must be Umbrella coverage, offering coverage "at least as broad as all underlying coverage." Subcontractors shall be required to maintain umbrella/excess liability insurance limits of at least $1,000,000.

b. CONTRACTOR shall verify its subcontractors' compliance with the requirements of sections (a) through (f), and cause their certificates of insurance to be provided to CONTRACTOR and made available to PUEBLO WATER upon request.

B. Any deductible or self-insured retention must be declared to PUEBLO WATER. Any and all deductibles or self-insurance retentions in the foregoing insurance policies shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR and its subcontractors. No adjustments shall be made to the Agreement Price for the cost of any deductible, self insured retention, claim expense of any kind, or third party administration costs.

C. On all policies except for Workers' Compensation and Employer's Liability, and Professional

Liability, the certificates shall also contain a specific endorsement adding PUEBLO WATER, their officers, and employees, as additional insureds, as well as specifically stating that all coverage furnished by CONTRACTOR is primary, and that any insurance held by PUEBLO WATER is excess and non-contributory. Certificates of insurance shall be furnished by CONTRACTOR to

PUEBLO WATER before any Work are commenced hereunder by CONTRACTOR. The certificates of insurance shall provide that there will be no cancellation, reduction or modification of coverage without thirty (30) days' prior written notice to PUEBLO WATER. If CONTRACTOR does not comply with this provision, PUEBLO WATER may, in addition to any other remedies it may have, terminate this Agreement, subject to any provision of this Agreement. Alternatively, PUEBLO

WATER may, at its option, provide insurance coverage to protect PUEBLO WATER and charge

CONTRACTOR for the cost of that insurance. The required insurance shall be subject to the approval of PUEBLO WATER, but any acceptance of insurance certificates by PUEBLO WATER shall not limit or relieve CONTRACTOR of the duties and responsibilities assumed by it under this

Agreement.

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D. The minimum insurance coverages required within this entire insurance section shall not minimize, limit, or eliminate CONTRACTOR's responsibility for any uninsured or uncovered claims, losses, or expenses occurring during or after completion of the Work. The foregoing requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of said insurance by PUEBLO WATER, or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify or quantify the liability and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to the provisions concerning indemnification. PUEBLO WATER reserves the right to withhold payments to CONTRACTOR in the event of material noncompliance with the insurance requirements outlined above. CONTRACTOR shall assess its own risks, and if it deems appropriate and/or prudent, will maintain higher limits and/or broader coverage at its cost.

E. Installation Floater. CONTRACTOR will maintain or Installation Floater insurance coverage protecting the interests of PUEBLO WATER and the CONTRACTOR. Insurance coverage will be provided an "all-risk", replacement-cost basis, insuring against all insurable risks of physical loss or damage, at a deductible not to exceed $10,000.00 for each occurrence under the coverage. Coverage will include materials, supplies, and equipment that are intended for specific installation in the work while such materials, supplies, and equipment are located at the Work Site.

F. The foregoing requirements as to the types and limits of insurance coverage to be maintained by

CONTRACTOR, and any approval of said insurance by PUEBLO WATER, or their insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liability and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

G. PUEBLO WATER reserves the right to withhold payments to CONTRACTOR in the event of material noncompliance with the insurance requirements outlined above.

H. All insurance policies must be written on an occurrence basis.

C.0600-CONTRACTOR RESPONSIBILITIES

C.0601-Responsibilities of Contractor

The Contractor shall furnish all superintendence; labor; equipment; tools and transportation only, except as hereinafter specified; and execute, construct, and finish, in an expeditious, substantial and workmanlike manner, satisfactory to the Engineer, all work detailed in the accompanying project drawings and specifications. The Contractor shall haul all Pueblo Water furnished materials from

Pueblo Water’s storage yard to the job site.

The total bid price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all equipment, supplies, and appurtenances; providing all construction plant, equipment and tools; and performing all

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02/16/2024 necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. All Work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid.

C.0602-Independent Contractor

Pueblo Water reserves no control whatsoever to the employment, discharge, compensation of or services rendered by the Contractor's employees, and it is the intention of the parties to this agreement that the Contractor shall be and remain an Independent Contractor, and that nothing in this agreement contained shall be construed as inconsistent with that status.

C.0603-Superintendence

The Contractor shall give constant and efficient attention to the faithful and diligent prosecution of the Work and during its progress shall be represented at all times at the site of the Work by a competent superintendent acceptable to the Engineer.