FLOOD08723

• County: Larimer
• Stream Name: Cache La Poudre
• Basin: South Platte
• Title: Specifications and Contract Documents for Reservoir Number 2 Rehabilitation Project
• Date: 7/1/1990
• Prepared For: Larimer
• Prepared By: Consultants
• Floodplain - Doc Type: Community File

I

I

4.2.4. ENGINEER's Rnie...: ENGINEER will
promptly review the pertinent conditions, ddcrminc the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing{with aeapy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.

I

I

4.2.5. POJ.\'ibh' lJonmlCflf Clrall}.:(,: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condiM
lions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 (0 reflect and document the
consequences of the inl.lccuracy or difference.

I

I

4.:2.6. Possihle Price ami Time Adju.w11t:'11IJ: In each
such case, an increa<.;c Of decrease in the Contract Price
or an extension or shortening urthe Contract Time, or any
combination th~rcor. will be allowable to the extenl thut
they are attributable to any such inaccuracy or ditTerencc.
If OWN ER and CONTRACTOR are unable to agree as to
the amount or length thereof, aclaim may be made therefor
as provided in ArLicl~s II and 12.

I

I

I

Physical Conditiolls-Undergroulld Facilities:

4.3.1. ShOlI'1I or buJica/t'd: The information and dara
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWN ER
or ENGIN EER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:

I

I

I

4.3.1.1. OWNER and ENGINEER shall not be
reo;;ponsible for the accuracy or completeness of any
such information ur data; amI.

I

4.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents, for coordina-
tion of the Work with the owners of such Underground
Facilities during construction, for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work,
the cost of all of which will be considered as having
been included in the Contract Price.

I

I

I

4.3.2. Not Sholl'n or Il1dinut'd. If an Underground
Facility is uncovered or revealed at or contiguous to th~
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not rcason-
ably have been expected to be aware of, CONTRACTOR
shall, promptly after becoming aware thereof and before
perl"orming any Work ilfTectC'd therehy' (except in an cmer.
gene)' as permitted by paragmph 6.:!:!), identify the owner
of such Underground Facility and give written notice thereof
to that owncr and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to

I

I

I

determine the extent to which the Contract Documents
should be modified to reflect and document the conse.
quences oflhe existence oflhe Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time, CONTRAC-
TOR ~hall be rcspon~ible for the safety and protection of
sllch Underground F,lCility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con.
tract Price or an extension of the Contract Time, or both,
tu the extent that they are attributable to the existence of
any Underground FacUity that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
tfthe parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as
provided in Articles II and 12.

R~ference Points:

4.4. OWNER shall provide engineering sarveys to estab-
li~h reference points for construction which in ENGINEER's
judgment are nccessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for"lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
poinl is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurale replacement or relocation of such ref.
erence poinls by professionally qualified personnel.

ARTICLE 5-BONDS AND INSURANCE

Performance and Other Bonds:

5.1. CONTRACTOR shall furnish performance and pay.
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu.
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except
as olherwise provided by Law or Regulation or by the Con.
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi.
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com..
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts, U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy ,}f the authority to act.

5.2 If the surety on any Bond furnished by CONTRAC-
Tor .s (.It:c1ared a bankrupt or hecomes insolvent or its right
to c business is terminated in any state where any pan of

11