RFB2024-012 W0297.22_Specs_Tank_Construction.pdf

CONTRACT DOCUMENTS &

TECHNICAL SPECIFICATIONS

for

MESA II BOLTED WATER STORAGE TANK

JUNE 2024

Prepared By:

W0297.22 i City of Manitou Springs Mesa II Bolted Water Storage Tank

CONTRACT DOCUMENTS &

TECHNICAL SPECIFICATIONS

for

CITY OF MANITOU SPRINGS

MESA II BOLTED WATER STORAGE TANK

June 2024

Project Number: W0297.22

Prepared For:

City of Manitou Springs 606 Manitou Avenue

Manitou Springs, CO 80829

Prepared By:

RESPEC, LLC

5540 Tech Center Drive, Suite 100

Colorado Springs, CO 80919

(719) 227-0072

RFB2024-012

W0297.22 i City of Manitou Springs

TABLE OF CONTENTS

CITY OF MANITOU SPRINGS

MESA II BOLTED WATER STORAGE TANK

DIVISION 0 – CONTRACT DOCUMENTS

SECTION 00020 Invitation to Bid SECTION 00100 Instructions to Bidders SECTION 00300 Bid Form SECTION 00410 Bid Bond SECTION 00430 Subcontractor Listing SECTION 00450 Material and Equipment Supplier Listing SECTION 00480 Notice of Award SECTION 00500 Agreement SECTION 00610 Performance and Payment Bond SECTION 00660 Notice to Proceed SECTION 00680 Change Order SECTION 00685 Lien Waiver SECTION 00690 Notice of Final Payment SECTION 00700 General Conditions SECTION 00810 Supplemental Conditions SECTION 00900 Addenda & Modifications

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01010 Summary of Work SECTION 01014 Sequence of Work SECTION 01040 Coordination SECTION 01070 Abbreviations SECTION 01150 Measurement and Payment SECTION 01300 Submittals SECTION 01310 Construction Schedules SECTION 01320 Product Delivery, Storage and Handling SECTION 01330 Survey Data SECTION 01340 Shop Drawings SECTION 01400 Quality Control SECTION 01410 Testing Laboratory Services SECTION 01560 Temporary Controls SECTION 01600 Substitutions SECTION 01666 Testing Water Piping System SECTION 01700 Contract Closeout SECTION 01710 Cleanup

DIVISION 2 - SITEWORK

SECTION 02200 Earthwork SECTION 02221 Trenching, Backfilling, and Compacting SECTION 02275 Erosion/Sedimentation Control SECTION 02485 Landscaping and Revegetation SECTION 02512 Ductile Iron Water Pipe SECTION 02515 Water System Valves SECTION 02519 Aggregate Base Course SECTION 02622 PVC Water Pipe SECTION 02713 Potable Water Distribution System

W0297.22 ii City of Manitou Springs

DIVISION 3 - CONCRETE

SECTION 03100 Concrete Formwork SECTION 03150 Expansion and Fixed Joints SECTION 03200 Concrete Reinforcement SECTION 03300 Cast-in-Place Concrete SECTION 03315 Grout SECTION 03400 Precast Concrete

DIVISION 13 – SPECIAL CONSTRUCTION

SECTION 13200 Bolted Steel Ground Water Storage Tank SECTION 13268 Reservoir Hydrodynamic Mixing System SECTION 13443 Potable Water Storage Tank – Disinfection

APPENDICES

- APPENDIX A – Geotechnical Report

- APPENDIX B – Design Drawings

- APPENDIX C – Tank Submittal Drawings

- APPENDIC D – Bidding Checklist

D iv is io n

C on tr ac t D oc um en ts

W0297.22 00020-1 City of Manitou Springs

SECTION 00020

INVITATION TO BID

RFB 2024-012

CITY OF MANITOU SPRINGS

Bids for the Mesa II Bolted Water Storage Tank will be received by the OWNER, The City of Manitou Springs by emailing them directly to:

Andrew Morren – amorren@manitouspringsco.gov

CC

Eric Karlson - ekarlson@manitouspringsco.gov John Chavez - jchavez@manitouspringsco.gov Rebecca Norton – rebecca.norton@respec.com

Bids must be received by 2:00 PM, local time, July 11, 2024. A bid tabulation will be provided to all bidders by end of business that same day. Questions will be taken until 2:00 PM July 9, 2024, and the last addendum will be issued before end of business that same day.

A mandatory on-site pre-bid meeting will be held on June 13, 2024, at 2:00 PM at the access gate to the project. The closest address to this access gate is 225 Mesa Avenue, Manitou Springs, CO 80829. Due to the grades of the access road and lack of parking at the site, attendees will carpool or be brought to the site as needed.

All technical questions must be directed to the ENGINEER.

Contractor qualifications include five (5) completed projects of similar size and scope within the last three (5) years.

The successful BIDDER will be required to furnish 50% Payment and 100% Performance Bonds and comply with the insurance provision as specified by the Contract Documents.

Work to be performed generally includes underground utility work, water storage tank foundation construction (with piers), site work, subcontracting a pre-selected company that will erect the water storage tank, submittal drawings, and all incidental work required to complete the project as specified in the drawings and specifications. Qualifications of the BIDDER should include experience in construction of utility work and concrete foundations, the ability to post performance and payment bonds, and ability to deliver the work in conformance with the specifications within the contract time.

Basis of award will be the lowest responsive and responsible Bid as determined by the OWNER.

The OWNER reserves the right to waive any irregularities or to waive any technical defects in the bidding process as the best interest of the OWNER may be served. The OWNER also reserves the right to reject any and all bids.

mailto:jchavez@manitouspringsco.gov mailto:amorren@manitouspringsco.gov mailto:ekarlson@manitouspringsco.gov mailto:rebecca.norton@respec.com

W0297.22 00100-1 City of Manitou Springs

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to BIDDERS which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the BIDDER or BIDDERS to whom OWNER makes an award.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the fee, if any, stated in the invitation may be obtained from ENGINEER.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3. QUALIFICATIONS OF BIDDERS.

3.1 A BIDDER otherwise qualified may be required after the bid opening to demonstrate availability of equipment and organization, not otherwise committed, to perform the work within the time limits specified in the Contract Documents. BIDDERS will be required to fully inform the ENGINEER of the commitments to other work so that he may form an opinion as to their availability for prompt performance of this Contract.

3.2 The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the work. The OWNER reserves the right to reject any 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, and such rejection shall not give rise to a cause of action against the OWNER or ENGINEER, or impose a requirement upon the OWNER or ENGINEER to divulge the information upon which such rejection is based.

3.3 Each BIDDER must be prepared to submit written evidence of authority to conduct business in the jurisdiction where the Project is located.

4. QUALIFICATION OF SUBCONTRACTORS

The Apparent Low BIDDER may be required to submit, within 48 hours after the bid opening, the qualifications statement of any significant subcontractors and manufacturers of materials and equipment he proposes to use for the work. Qualifications of Subcontractors shall be in the same format as the Qualification of Bidders. If OWNER, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, he may, before giving the Notice of Award, request the Apparent Low BIDDER to submit an acceptable substitute without an increase in his bid price. If the Apparent Low Bidder declines to make any such substitution or the OWNER is unable to negotiate an acceptable alternate, the Apparent Low BIDDER will not sacrifice his Bid Security. Any Subcontractor, other person or organization so listed and to whom OWNER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER. CONTRACTOR shall not be required to employ any Subcontractor, person or organization against whom he has reasonable objection.

5. EQUIPMENT & MANUFACTURER SUBSTITUTIONS

Approved Equals: CONTRACTOR shall furnish the necessary information to the ENGINEER during the bid or construction process. The information must be organized and any deviations from the specifications shall be called out and justification why the deviation results in an equal or better quality product. Allow 14 days for review of approved equals.

W0297.22 00100-2 City of Manitou Springs

Pre-Approved Equals: CONTRACTOR shall furnish the necessary information to the ENGINEER a minimum of 14 days prior to the bid opening date. The information must be organized and any deviations from the specifications shall be called out and justification why the deviation results in an equal or better quality product.

The ENGINEER shall have sole discretion to determine equal manufacturers. Designation as an approved manufacturer does not relieve any manufacturer of meeting the specifications set forth.

6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

6.1 Before submitting a Bid, each BIDDER must (a) examine the Contract Documents thoroughly,

(b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate BIDDER's observations with the Contract Documents. The submission of a Bid will constitute an indisputable representation by the BIDDER that he has complied with every requirement of this and Paragraph 3 of the General Conditions.

6.2 On request OWNER will provide each BIDDER access to the site to conduct reasonable investigations and tests as each BIDDER deems necessary for submission of his Bid.

6.3 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by CONTRACTOR in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings.

7. INTERPRETATION

All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

8. BID SECURITY

8.1 Bid Security shall be made payable to OWNER, in an amount of five percent of the BIDDER's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a SURETY meeting the requirements of Paragraph 5.1 of the General Conditions.

8.2 The Bid Security of the successful BIDDER will be retained until such BIDDER has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the Successful BIDDER fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of 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 any BIDDER whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) or the sixty-first day after the Bid opening. Bid Security of other bidders will be returned within seven days of the Bid opening.

9. CONTRACT TIME

The date by which the Work is to be completed (the Contract Time) is set forth in the Agreement.

10. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Agreement.

W0297.22 00100-3 City of Manitou Springs

11. SUBSTITUTE MATERIAL AND EQUIPMENT

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

12. BID FORM

12.1 The Bid Form is attached hereto; additional copies may be obtained from ENGINEER.

12.2 Bid Forms must be completed in ink or by typewriter. The Total Base Bid price on the form must be stated in words and numeral; in case of a conflict, words will take precedence.

12.3 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 shall be shown below the signature and title.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must be under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed below the signature.

12.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

12.7 The address to which communications regarding the Bid are to be directed must be shown.

13. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the BIDDER and accompanied by the Bid Security and other required documents. 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" boldly marked on the face thereof.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1 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.

14.2 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 OWNER that there was a material and substantial mistake in the preparation of his Bid, that BIDDER may withdraw his Bid.

15. OPENING OF BIDS

15.1 Bids will be opened publicly.

15.2 When Bids are opened publicly, an abstract of the amounts of the base Bids will be made available within seven days after the opening of Bids.

16. BIDS TO REMAIN OPEN

All Bids shall remain open for sixty (60) days after the day of the Bid opening, but OWNER may, in his sole discretion, release any Bid prior to that date.

W0297.22 00100-4 City of Manitou Springs

17. AWARD OF CONTRACT

17.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2 In evaluating Bids, OWNER shall consider the qualification of the BIDDERS, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in bid forms. He may consider the qualifications and experience of Subcontractors and other persons and organizations proposed for the work (including those who are to furnish the principal items of material or equipment). Identity of Subcontractors and other persons and organizations must be submitted as specified within. He may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the BIDDER's, proposed Subcontractors, and other persons and organizations to do the work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. OWNER reserves the right to reject the bid of any BIDDER who does not pass any such evaluation to OWNER's satisfaction.

17.3 If a contract is to be awarded, it will be awarded to the lowest responsible BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the OWNER and Project.

18. PERFORMANCE AND OTHER BONDS

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER it shall be accompanied by the required Contract Security.

19. SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by at least three unsigned counterparts of the Agreement and all other contract Documents. Dates of execution of Agreement shall be the dates identified in Section 00810. ENGINEER will identify those portions of the Contract Documents not fully signed by OWNER and CONTRACTOR and such identification shall be binding on all parties.

20. SPECIAL LEGAL REQUIREMENTS

20.1 The OWNER is exempt from Colorado State Sales and Use Taxes on materials to be incorporated in the Work. Therefore, no such taxes shall be included in the Contract Price.

20.2 The CONTRACTOR or Subcontractors must apply to the Colorado Department of Revenue, Sales Tax for an exemption certificate.

END OF SECTION

W0297.22 00300-1 City of Manitou Springs

SECTION 00300

BID FORM

EXHIBIT "A" TO AGREEMENT

PROJECT IDENTIFICATION: CITY OF MANITOU SPRINGS

Manitou Springs, CO 80829

CONTRACT IDENTIFICATION #: W0297.22

THIS BID IS SUBMITTED TO: CITY OF MANITOU SPRINGS

606 Manitou Avenue Manitou Springs, CO 80829

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Contract Documents to complete 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 Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This Bid will remain open for sixty (60) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents by the date identified.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined copies of all the Contract Documents and of all of the following addenda:

Addendum No. Addendum Date

(receipt is hereby acknowledged) and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders:

(b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. The BIDDER has inspected all OWNER furnished equipment and materials and is satisfied that the equipment and materials are in good working order and can be removed and replaced into the new facility.

(c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER.

4. BIDDER will complete the Work for the prices on the following page:

W0297.22 00300-2 City of Manitou Springs

BID SCHEDULE

Unit Sub-Total No. Item Quantity Unit Price Item

1) General Requirements 1 LS $ $

2) Mobilization 1 LS $ $

3) Erosion Control BMPs 1 LS $ $

4) Tank Foundation 1 LS $ $

5) Pipe Penetrations 1 LS $ $

6) Tank Erection 1 LS $ $

7) Backfill & Grading 1 LS $ $

8) Passive Mixing System Installation 1 LS $ $

9) Disinfection and Testing 1 LS $ $

10) Landscape & Revegetation 1 LS $ $

11) Demobilization 1 LS $ $

12) Project Closeout 1 LS $ $

TOTAL SCHEDULE $

TOTAL SCHEDULE (in words):

SUBSTANTIAL & FINAL COMPLETION DATES:

Substantial Completion: October 31, 2024

Final Completion: December 13, 2024

5. BIDDER agrees that the Work will be completed on or before the dates indicated in the Agreement; Section

00500.

6. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below.

7. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

SUBMITTED ON , 20

W0297.22 00300-3 City of Manitou Springs

If BIDDER is:

An Individual

By (SEAL)

(Individual's Name) doing business as

Business address:

Phone No.

A Partnership

By (SEAL)

(Firm Name)

(General Partner)

Business address:

Phone No. :

A Corporation

By

(Corporation Name)

(State of Incorporation)

(Name of person authorized to sign)

(Title)

(Corporate Seal)

Attest

(Secretary)

Business Address:

Phone No.:

W0297.22 00410-1 City of Manitou Springs

SECTION 00410

BID BOND

THE STATE OF COLORADO )

) ss. KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF EL PASO )

That we, of the City of , County of and State of (hereinafter called "Principal") as Principal, and (hereinafter called "Surety") as surety, a corporation organized and existing under and by virtue of the laws of the State of Colorado and authorized to do business within the State of Colorado and to act as surety on bonds for principals, are held and firmly bound unto the City of Manitou Springs (hereinafter called "OWNER") as obligee, in the sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum, well and truly to be made, the Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has submitted a Bid Form (Proposal) to enter into a certain written agreement with OWNER for Construction of the Mesa II Bolted Water Storage Tank, hereinafter referred to as "Agreement."

NOW, THEREFORE, the condition of this obligation is such that if (1) OWNER shall accept the Bid Form (Proposal) of the Principal and Principal shall faithfully enter into Agreement with the OWNER in accordance with the terms of such Bid and give such Bonds as are specified in the Bidding or Contract Documents, or (2) in the event of the failure of Principal to enter such Agreement and give such Bond or Bonds, if Principal shall pay to OWNER the difference not to exceed the sum hereof between the amount specified in said Bid and such larger amount for which OWNER may in good faith contract with another party to perform the work covered by said Bid, then (3) this obligation shall be null and void, otherwise to remain in full force and effect. The sum of this Bid Bond is not less than five percent (5%) of the Principal's Bid.

The sum of this Bid Bond is , and subject to the conditions stated above, shall be forfeited to OWNER in its entirety upon failure of Principal to perform as contemplated in clause (1) or (2) herein.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

Signed and sealed this day of , 20 .

PRINCIPAL:

By:

Witness (Address)

W0297.22 00410-2 City of Manitou Springs

SURETY:

Witness (Address)

Surety's No

W0297.22 00430-1 City of Manitou Springs

SECTION 00430

SUBCONTRACTOR LISTING

The following information is submitted for each subcontractor that will be used in the work if the BIDDER is awarded the Agreement. Additional numbered pages shall be attached to this page as required. Each page shall be headed "SUBCONTRACTOR LISTING" and signed. All work to be subcontracted over $10,000 shall be listed.

Amount of Name and Address Portion of Subcontract of Subcontractor Work

Signature

W0297.22 00450-1 City of Manitou Springs

SECTION 00450

MATERIAL AND EQUIPMENT SUPPLIER LISTING

The following information is submitted for each major supplier of material and each manufacturer and supplier of equipment for manufacturers and suppliers of major items of material, equipment and systems to be used in the work if the BIDDER is awarded the contract.

Specification Material or Manufacturer & Section No. Equipment Description Supplier

The Surety who will be the surety on the Performance and Payment Bond will be

Signature

W0297.22 00480-1 City of Manitou Springs

SECTION 00480

NOTICE OF AWARD

Dated

TO:

(BIDDER)

OWNER'S PROJECT NO.: W0297.22

OWNER'S CONTRACT NO.: N/A

CONTRACT FOR: City of Manitou Springs

Mesa II Bolted Water Storage Tank

You are notified that your Bid for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the:

City of Manitou Springs – Mesa II Bolted Water Storage Tank

The Contract Price of your contract is $ Dollars.

You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by .

1. You must deliver to the OWNER a fully executed, electronic copy of the Agreement.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 18), General Conditions (paragraph 5.01) and Supplementary Conditions (Part 5).

3. You must deliver to the OWNER (with copies to ENGINEER) certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents.

4. In the event of any arbitration or litigation arising out of the Agreement or for its breach, the Arbitrator or Court shall award to the prevailing party all reasonable costs and expenses, including attorney’s fees.

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with those conditions, the OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

(OWNER)

(AUTHORIZED SIGNATURE)

(TITLE)

W0297.22 00480-2 City of Manitou Springs

ACCEPTANCE OF NOTICE

Receipt and acceptance of the above NOTICE TO AWARD is hereby acknowledged by this the , 20

Copy to ENGINEER

W0297.22 00500-1 City of Manitou Springs

SECTION 00500

AGREEMENT

THIS AGREEMENT is dated this day of in the year 20 by and between

THE CITY OF MANITOU SPRINGS (hereinafter called OWNER) and

(hereinafter called CONTRACTOR)

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Construction of a new bolted steel water storage tank (as described in Section 01010, Summary of Work)

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

City of Manitou Springs – Mesa II Bolted Water Storage Tank

ARTICLE 2 ENGINEER

The Project has been designed by RESPEC, LLC, who is hereinafter called ENGINEER and who will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 3 CONTRACT TIME

3.1 The CONTRACTOR shall commence performance on the project by the date specified in the

Notice to Proceed. Substantial and Final Completion dates are as follows:

3.1.1 October 31, 2024 Substantial Completion

3.1.2 December 13, 2024 Final Completion

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not completed within the substantial completion dates specified in the Agreement, Section 00500. They also recognize the delays, expenses and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1,000.00) for each day that expires after the time specified for intermediate and substantial completion dates until that portion of the Work is substantially complete, and Five Hundred Dollars ($500.00) for each day after substantial completion until final completion occurs.

W0297.22 00500-2 City of Manitou Springs

ARTICLE 4 CONTRACT PRICE

4.1 For the performance of Work and completion of the Project as specified in the Contract

Documents, OWNER shall pay CONTRACTOR (see Exhibit A) Dollars, in accordance with the Contract Documents. The Agreement Price shall be subject to adjustment for changes in the Drawings and Specifications or for extensions of time to complete performance, if approved by OWNER and CONTRACTOR as hereinafter provided, and for changes in quantities, if bid on a unit-price basis in the Bid Form, which shall be verified by ENGINEER.

ARTICLE 5 PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.

Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER at the times described in the Supplementary Conditions during construction and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General conditions.

5.2 Bills shall be rendered complete before the 10th of each month, to be paid by the 10th of the following month.

5.3 Payments will be made for materials stored on-site in accordance with Part 14.01 B of the General

Conditions.

5.4 Final Payment. Upon final completion and acceptance of Work in accordance with Paragraph

14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13.

5.5 It is understood that no phase of work required to be done herein shall be deemed completed until the ENGINEER and OWNER have inspected and approved the installation.

ARTICLE 6 INTEREST

All moneys not paid when due hereunder shall bear interest at the rate of 10% annually, except in instances where OWNER contests owing such monies, in which case interest shall accrue only if CONTRACTOR's claim is upheld.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, Locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work.

7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions.

7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in Paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and the Contract Documents; and no additional examinations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

W0297.22 00500-3 City of Manitou Springs

7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests reports and data with the terms and conditions of the Contract Documents.

ARTICLE 8 CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:

8.1 Agreement (Pages1 to 4, inclusive).

8.2 Notice of Award

8.3 Notice to Proceed

8.4 Performance and Payment Bonds

8.5 General Conditions (Pages 1 to 38, inclusive)

8.6 Supplementary Conditions (Pages 1 to 6, inclusive)

8.7 Specifications bearing the title City of Manitou Springs – Mesa II Bolted Water Storage Tank

8.8 Addenda numbers to inclusive.

8.9 CONTRACTOR's Bid Form, (Pages 1 to 4, inclusive) marked Exhibit "A".

8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (if applicable).

8.11 Drawing set prepared by RESPEC, LLC, and entitled “City of Manitou Springs – Mesa II Bolted

Water Storage Tank ".

8.12 Any Modification, including Change Orders, duly delivered after execution of Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions).

ARTICLE 9 MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partner, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

ARTICLE 10 OTHER PROVISIONS

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

W0297.22 00500-4 City of Manitou Springs

This Agreement will be effective on , 20 .

OWNER CONTRACTOR

BY BY

(Corporate Seal) (Corporate Seal)

ATTEST ATTEST

Address for giving notices: Address for giving notices

License No.

Agent for service of process:

W0297.22 00610-1 City of Manitou Springs

SECTION 00610

PERFORMANCE AND PAYMENT BOND

THE STATE OF )

) ss. KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF )

That we, , of the City of , County of , and State of (hereinafter called "Principal") as Principal, and (hereinafter called "Surety") as Surety, authorized under the laws of the State of Colorado to act as surety on bonds for principals, are held and firmly bound unto the City of Manitou Springs (hereinafter called "OWNER") as obligee, in the penal sum of

($ ), for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has, on , 20 , entered into a written Agreement with OWNER for construction of "the Project" as defined in said Agreement and which Agreement is by this reference made a part hereof and is hereinafter referred to as the "Agreement."

NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall (1) faithfully perform all covenants, obligations and provisions of said Agreement on Principal's part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the OWNER from all costs and damages which said OWNER may suffer by reason of failure so to do; and (3) fully reimburse and repay said OWNER all outlay and expenses which said OWNER may incur in making good any default; and (4) if the Principal shall pay all persons, firms and corporations all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of the Agreement, then this obligation is null and void; otherwise it shall remain in full force and effect.

The Principal shall pay all persons, firms and corporations all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of Principal's Agreement.

Whenever Principal shall be, and is declared by OWNER to be, in default under the Agreement, the OWNER having performed OWNER's obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, subject to OWNER's concurrence, perform and complete the Agreement in accordance with its terms and conditions, which may include obtaining a Bid or Bids for completing the Project and the execution of a new contract between the OWNER and a new contractor approved by OWNER. The Surety shall pay the costs of completion of the Project up to an amount equal to the amount of this Bond, as increased or decreased by change orders which increase or decrease the Agreement Price.

If the Principal fails to pay for any labor performed, for any materials and equipment furnished, and for any materials and equipment used or rented in the performance of the Agreement, the Surety will pay the same in an amount not exceeding the Agreement Price together with interest at eight percent (8%) per annum.

Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Agreement falls due.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein or the successors and assigns of OWNER or any persons, firms and corporations for all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of Principal's Agreement.

W0297.22 00610-2 City of Manitou Springs

The Surety hereby waives the right to special notification of any notification of or alterations, omissions or reductions, extra or additional work, extensions of time, change orders or any other act or acts of OWNER or its authorized agents under the terms of the Agreement; and failure to notify Surety of such shall in no way relieve Surety of its obligations.

SIGNED AND SEALED this day of , 20 .

PRINCIPAL:

Witness

(Address)

SURETY:

Witness

Surety's Telephone No.

W0297.22 00660-1 City of Manitou Springs

SECTION 00660

NOTICE TO PROCEED

Dated , 20

TO:

OWNER'S PROJECT NO.: W0297.22

PROJECT: City of Manitou Springs – Mesa II Bolted Water Storage Tank

OWNER'S CONTRACT NO.:

CONTRACT FOR: Mesa II Bolted Water Storage Tank

You are notified that the Contract Time under the above contract will commence to run on .

No earlier than that date, you are to start performing the work and your other obligations under the Contract Documents. The dates of Substantial Completion and Final Completion are set forth in the Agreement; they are:

and , respectively.

Also before you may start any work at the site, you must deliver to the OWNER (with copies to ENGINEER) certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents.

(OWNER)

(Authorized Signature)

(Title)

Copy to ENGINEER

W0297.22 00680-1 City of Manitou Springs

SECTION 00680

CHANGE ORDER

Project: City of Manitou Springs Date of Issuance:

Owner Change Order No.:

Address:

Contractor: Engineer: RESPEC, LLC

You are directed to make the following changes in the Contract Documents:

Description:

Purpose of Change Order:

Attachments (List Documents Supporting Change): none

CHANGE IN CONTRACT PRICE: $

CHANGE IN CONTRACT TIME: (days or date)

Original Contract Price: $ Original Contract Time: (days or date)

Previous Change Orders:

No. N/A to No. N/A

Net Change from Previous Change Orders:

$ 0.00 0 (days or date)

Contract Price Prior to this Change Order:

Contract Time Prior to this Change Order:

(days or date)

W0297.22 00680-2 City of Manitou Springs

Net Increase of this Change Order:

Net Increase of the Change Order:

(days)

Net Decrease of this Change Order:

$ 0.00 Net Decrease of the Change Order:

0 (days)

Net Change of this Change Order:

Net Change of this Change Order:

0 (days)

Contract Price with all approved Change Orders:

Contract Time with all approved Change Orders:

(days or date)

RECOMMENDED: APPROVED: APPROVED:

by: ___________________ by: __________________________ by: ____________________ Engineer Owner Contractor

W0297.22 00685-1 City of Manitou Springs

SECTION 00685

LIEN WAIVER

A. Waiver of Lien for Partial Payments

TO WHOM IT MAY CONCERN:

The undersigned, being duly sworn, deposes and says that he is _____________________________ of ___________________________, the Contractor for the _______________________________Work on the project located at ________________________________, owned by the City of Manitou Springs (“the Owner”). That the total amount of the Work performed by the undersigned and approved for payment to date is______________________________, and the undersigned acknowledges that upon receipt of this partial payment, the Contractor has been paid for the Work performed and approved for payment to date the total Agreement Price.

That the undersigned, for and in consideration of the sum of __________________________________ Dollars ($________________) in hand paid by _________________________________, receipt whereof before the signing and sealing of these presents is hereby acknowledged, does hereby acknowledge receipt of this partial payment due Contractor for Work performed or material furnished in connection with the __________________________________________ project.

And the undersigned, for and in consideration of the sum aforesaid, and other good and valuable consideration, does hereby waive and relinquish all right, which Contractor can or may have at this date, to file any lien, mechanics’, materialmen’s or otherwise, against said above property for or by reason of any work performed, or material furnished in connection with the construction of said Project, with the distinct understanding that this waiver shall not be construed as covering any right to file any such lien for work performed or material to be hereafter furnished if such work performed or material furnished hereafter be not on account of the aforesaid mentioned sum. In addition, the undersigned hereby waives and releases any claims against the Owner and its officers or agents in any manner related to or connected with the construction of the Project or the performance of the Work.

The undersigned hereby warrants and represents to the Owner that all suppliers of labor and material to the undersigned on the project have been paid amounts due to date and hereby agrees to indemnify and hold harmless the Owner for any costs incurred due to claims threatened or initiated by such suppliers, including attorneys’ fees.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this _________ day of_________________, 20__.

(Company Name)

Name:

Title:

STATE OF COLORADO )

) ss.

COUNTY OF ____________________ )

Subscribed and sworn to before me this _______ day of ______________________, 200__, by ___________________ as __________________ of _____________________.

Witness my hand and official seal.

My Commission expires: __________________________

(SEAL) Notary Public

W0297.22 00685-2 City of Manitou Springs

B. Waiver of Lien for Final Payments

TO WHOM IT MAY CONCERN:

The undersigned, being duly sworn, deposes and says that he is _____________________________ of _____________________________________, who is the Contractor for the Work on the project located at , owned by the City of Manitou Springs (“the Owner”). That the total amount of the contract including extras is ____________________________________ Dollars ($ ) and the undersigned acknowledges that upon receipt of this final payment, the Contractor has been paid in full the total Agreement Price.

That the undersigned, for and in consideration of the sum of _________________________________ Dollars ($_______________) in hand paid by _________________________________________, receipt whereof before the signing and sealing of these presents is hereby acknowledged, does hereby acknowledge receipt in full of all sums due Contractor for Work performed or material furnished in connection with the Project, and the undersigned, for and in consideration of the sum aforesaid, and other good and valuable consideration, does hereby waive and relinquish all right, which Contractor can or may have at this date, to file any lien, mechanics’, materialmen’s or otherwise, against said above property for or by reason of any Work performed, or material furnished in connection with the construction of said Project, with the distinct understanding that this waiver shall not be construed as covering any right to file any such lien for Work performed or material to be hereafter furnished if such Work performed or material furnished hereafter be not on account of the aforesaid mentioned sum. In addition, the undersigned hereby waives and releases any claims against the Owner and its officers or agents in any manner related to or connected with the construction of the Project or the performance of the Work.

The undersigned hereby warrants and represents to the Owner that all suppliers of labor and material to the undersigned on the project have been paid in full and hereby agrees to indemnify and hold harmless the Owner for any costs incurred due to claims threatened or initiated by such suppliers, including attorneys’ fees.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this __________________ day of ________________, 20__.

(Company Name)

By: Date:

Name:

Title:

STATE OF COLORADO )

) ss.

COUNTY OF ____________________ )

Subscribed and sworn to before me this _______ day of ______________________, 200__, by ___________________ as __________________ of _____________________.

Witness my hand and official seal.

My Commission expires: __________________________

(SEAL) Notary Public

W0297.22 00685-1 City of Manitou Springs

SECTION 00690

NOTICE OF FINAL PAYMENT

NOTICE is hereby given that the City of Manitou Springs of El Paso County, Colorado, will make final payment at the office of 606 Manitou Avenue, Manitou Springs, CO 80829, on , at the hour of __.M. to of for all work done by said Contractor(s) in construction or work on the Mesa II Bolted Water Storage Tank project, performed for the City of Manitou Springs, County of El Paso, State of Colorado.

Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractors or their subcontractors, in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, and whose claim therefor has not been paid by the contractors or their subcontractors, at any time up to and including the time of final settlement for the work contracted to be done, is required to file a verified statement of the amount due and unpaid, and an account of such claim, to the City of Manitou Springs, on or before the date and time hereinabove shown for final payment. Failure on the part of any claimant to file such verified statement of claim prior to such final settlement will release the City of Manitou Springs, its directors, officers, agents, and employees, of and from any and all liability for such claim.

BY ORDER OF THE CITY COUNCIL

CITY OF MANITOU SPRINGS

First Publication:

Last Publication:

(Name of Newspaper)

W0297.22 00700-1 City of Manitou Springs

SECTION 00700

GENERAL CONDITIONS

TABLE OF CONTENTS

SECTION 00700 GENERAL CONDITIONS 00700-1

PART 1 DEFINITIONS 00700-4

PART 2 PRELIMINARY MATTERS 00700-6

2.01 DELIVERY OF BONDS 00700-6

2.02 EXECUTION AND TRANSMISSION OF DOCUMENTS 00700-6

2.03 COPIES OF DOCUMENTS 00700-6

2.04 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED 00700-6

2.05 STARTING THE PROJECT 00700-6

2.06 BEFORE STARTING CONSTRUCTION 00700-6

2.07 PRECONSTRUCTION CONFERENCE 00700-6

PART 3 CONTRACT DOCUMENTS: INTENT AND REUSE 00700-7

3.01 INTENT 00700-7

3.02 REUSE OF DOCUMENTS 00700-7

PART 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 00700-7

4.01 AVAILABILITY OF LANDS 00700-7

4.02 PHYSICAL CONDITIONS - INVESTIGATIONS AND REPORTS 00700-8

4.03 UNFORESEEN PHYSICAL CONDITIONS 00700-8

4.04 REFERENCE POINTS 00700-8

PART 5 BONDS AND INSURANCE 00700-9

5.01 PERFORMANCE AND OTHER BONDS 00700-9

5.02 CONTRACTOR'S INSURANCE REQUIREMENTS 00700-9

5.03 INSURANCE CERTIFICATES 00700-10

5.04 ADDITIONAL REQUIREMENTS 00700-10

5.05 INDEMNIFICATION 00700-11

PART 6 CONTRACTOR'S RESPONSIBILITIES 00700-11

6.01 SUPERVISION AND SUPERINTENDENCE 00700-11

6.02 LABOR, MATERIALS, AND EQUIPMENT 00700-12

6.03 EQUIVALENT MATERIALS AND EQUIPMENT 00700-13

6.04 CONCERNING SUBCONTRACTORS 00700-14

6.05 PATENT FEES AND…