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201461 CONSTRUCTION CONCEPTS INC - CONTRACT - BID - 29487 6019 COMMUNITY PARKS SIDEWALKS (2)
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Community Parks Sidewalks BID NO. 6019 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS December 29, 2006 - 2:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 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. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort 12/03 Section 00100 Page 1 coverage. ilitfi, vnrrdalism--and-nlalicinus-much al. am4hquftke, -oolwl Mai& -fi3meffiffl, a[ 3-mvs and ---- -- Speaifib%4- iOqkiffed by the Supplemei wyQo�- 5.6.3. include cMxm*s - incurred- in the repair or rtplecenwat of any but lot __a iirar.... -0 1-06 - and h --and ardifteols); 4 - ----- Big aRIJ 040iPHIGHt StOMI 01 1110 sit tv at Awther location that was imgreeJ-win w provicled that w4w wailerials, and ecituinnem have Imm m (01 WfIveeAfe0e"fAeV'-' SG,5 Made. 11 Ivitme I'm, een:.-ate of has been +591MA s-T- �.boilff as May 130-Fe4ulied by 4he-SMppleiaantary CkWulitiom tw Laws- "ad � - i : :__ .-ftle-tions WhM' Witt Hire -or said RAv ot OF rVFGSn.%oF-@nI4tW -- .d- fled in tSe-SUPPif an,msufed PF a h PUMMOial an M thal the Witt Chatw4-Or-renewal folow4u)" written- notice - has been--givvim-to- -OW'3NM--end � - IAZ.:,3isPiI__tYwYjred_ GONT4�A�OR-*nd-40-emeh- 1.- 0-1. to wham- s-certificate a( immumance-lim bwn4%ued4m&wiJJ (ontaaa----WOiVtf ffOVjSiOffi -With parag"h-54+ 59 OANER Omit rim be Tespormble f(w purchasing and maintaining any property insunme to protect the interests of CONTRACTOR, Subociritractors or others in the Work t extent Pf Ray deduatible amewits that of identified-_The-fisk,of be4wme if-any- IwOu"arx) nmir"ittil-at4ht�pirehowe&owniamperw SAO: epeeroms, be gh—Z., sash wasta.."A m the eh"FRAd OMCMACTA I.- lo EXW GENERAL CONL4110M 191" (1990 Ecitim) w/ CITY Of FORT COLUNS MODOICA71ONS (PLEV 4/2000) oommencentent of the Work at the site. (,)W,\-LR shall in Writ .. - Odv:!W P JRAC40Rvfiothef F9 n(* -*wh*hff OWNER and CONTRACTORinwrid that all PQhCAft in eccAwkuwx with paragruptis 54 ZT.Ok Subeontractom 11 ENGINIEIR:ENNGIINEWS M-0— insured.q aMilkwial insureiis in such Vilicie% and V40 V . . . . . . . _waswq. damns,manused by the pffil%onvered ihffelw All Awat; Two iskete to the effeet 4 -any-low or -damage-the aiml GONTRAIPTOR agaip� Othm Aliatar, dimemrs- eatpleyeas -and--ageritaAbir nit-k4wes- and damages Moused 1-7-, ---: ... .... Othef PFOPMFIFY i``n--_a_dddiiti�ery _ waive fill suel --fig�t}}as//-a8eirtst irr-the-�sep 6enditiems-tca- be -lisped as Ins and -81-- a- wawem-ai,iall elftmA *AV-a"Y--PwtY making tha"yroeeeAs-.ef payribteuroder any pohey se, issued In a4di Oft OWN% ENGINRFR� R;GNEERAs Pensulamats find the Offiom agents of anyof thw fou damage io whether ,or, not-minstd, byQWNM sad PObbY ffiffifltilifWd by OW`�MR WV6Fi]V S-4 loss, derARINe - M, FO&FM_140 al th-65 fin 9 to the ellect Omi of PM)PRI. Old- Of jess�_� kwarm IV ro wary against -arty of CONTRACTOR, Subcontractors, aliants lord-+lee-<�icerr; Receipt and Applicalion of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OAVNE=R as fiduciary for the insureds. as their interests may appear, subject to the requirements of any applicable mortgage clausee and of paragraph 5. 13. OWNER shalt deposit in a separate account any money so received• and skall distribute it in accardanice with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall he repaired or replaced the moncys so received applied on account thereof and the Work and the cast thereof covered by an appropriate Charge Order or Written Amendment. 5.13, OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of tics to OWN ,R's exercise of this power. If such objection be made, OWNER as fiduciary slmali make settlement with die insurers in accordance with such agreement as the parties in imtre_w may reach. If no such agreement among the parties in interest is reached OWMt ER as fiduciary shall adjust and settle the loss with the insurers -1 in-wriHitg-ley-env-Pert,� interesk-£-71L' aasiarfi--sk�lf-give -bouad *w-the proper fierttrntaax#eefstialiduties Acceptancc of Bondy and /nmrance; Option to Replace: 5_14. if either perw ONNFi3 has any objection to�die coverage afforded by or other provisions of the Dnds-ox insurance required to be purchased and mainmmed by the t4her--pafw CONTRACTOR in accordance with Article 5 of the basis of noncomfotmance with the Contract Documents, the objecting .party -shellsonotifv the other -party OXk,\'ER µill iztlly. �U lTRtaG'l 2R in wilinmgg within ten fifteen days after receipt delivery of the certificates (or -other evidatw+e requested) O�iRv as required by paragrapb2.7. c�WN43li-anit£RfiC;TFH1;-a}uaN-eae9t pew=ide-tis-the o>dia such oddatoryal information --ion-raspeatof- insurance Partial I1"zat5on-Properly Insurance. 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may he accomplished in accordance with paragraph 14 14, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any chances in coverage necessitated thereby. 'rhe insurers providing the property insurance shall consent by endorsement on the policy or policies• but the property insurance shall not be cancelled or permitted to lapse on amount of any such partial use or occupancy. ARTICLE 6-COXI'RACTOR'S RESPOINSI PIUTIES Supenision and Superintendence: 6.1_ CONTRACTOR shall supervise inspect and direct the Work competently and efGcitntly, ckvoting such atteptumn thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Documents. CONTRACT OR shall be solely responsible for the means methods, techniques, sequences and procedures of construction, but CONTRA(7OR shall not be responsible flor the negligence of others in the design or specification oil' a specific meam method, technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON] RACTOR shall be responsible to see that the completed Work complies accurately with the Contract I.Xxvmcnts. 61 CONTRACTOR shall keep on the Work at all 4nres during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER. except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONrTRACTOR. Labor, MateriaLsanti Equiptrent: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and constnaet the Work as required by the Contrail Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required Corr the safety or protection of pem)m or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed dewing regular working hours and CONTRACTOR will not permit overtime work or the performance of Wok on Saturday, Sun&v or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit regMM tc the ENGINEER np_kssihan a8 htwrs in a_dv..ar�e of an�Work ua be ttcdormed on-* S mday. Iic+lidays o outside the Rmular Workirm Hors £KUCe3EA'EtiN. CpNDit]ONS 191oS 1t99a F;diwo} 11 WICITY OF FORT (70LUM MODIFICA'DONS tR6ti -112O I 6.4. Unless otherwise specified in the General Requirements_ CONTRACTOR shall furnish and assume full responsibility for all materials. equipment, labor, transportation, construction equipment and machinery, tools. appliamm fuel. power, light, heat, telephone, water, sanitary facihite.% temp mry facilities and all other facilities and incidentals necessary for the furnishing. pariomance. to t ne start-up and completion of the Work. 6A1.---I urchismg_ Restriction: CONTRACTOR must _ccxnPlvA;tth_ the ('.itr-purtdttttir�g,restridiorm A cc�y_d�f._]he reseluti +51_ts arc avails k Cor review in the offices.ot the _Wrcharing a� R1sk Management Un'isign or_thr_Cnv_ (alert:'%oiTice 64. 2Cement .._Restrictions' _ ('i. � of Fort Celli Resolution 91 1__ I_requjres that WAipfiqvs and Etodueers of_ccmcrrt.txproducts contalnrna cement to certify that the cement was cot made m cement kilns that bum ha>ardous waste as ttfuel. 6.� Ali materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONfRA('fOR shall furnish satisfactory evidence (including repots of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall he applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, cxcept as otherwise provided in the Contact Documents Progress Schedule: 66. C'()AI RA('TC)R stall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to lime as provided below' 6.6.1 CO.'N"1"RACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2 9) }xoposed ad)usitnents in the progress schedule that will not charge the Commct Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.62. Proposed adjustments in the progress schedule that will change the Contract Times (or Miestoes) shall be submitted in accordance with the requirements of paragraph 12.1 Such adjustments may only be made by a Change Coder or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or-Equal"Items: 63 1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the namc of a proprietary item or the name of a particular Supplier, the spocdication or description is intended to establish the type, function and quality required. Unless the specification or description EXIIX: UENER.A.G CONN 110M 1910-a (1990 mucat 12 w" 0 IT OF FORT C�JLU NS MODtF1CAMNS (REV 42000) contains or is followed by words reading that no like. equivalent or "or -equal" item or no substitution is permitted other items of material of equipment or material or equipment of other Suppliers may he accepted by FLNGINEER under the following cirotmstancesd 6,Tt.1. 'v)r-Eival" If in EMIMMIZ's w4c disareliot an item of material or equipment proposed by CONTRACTOR is functionally equal to that tainted and sufficiently similar -whit ro change in related Work will be required it may be. considered by FNGINFER as an "or al" item, in which case review and approval of die proposed item may, in FN(;INEER's sole discretion. be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1:2. Substitute Ifems: if in LNGINEER's sole discretion an item of matcnal of eyug)in I proposed by CONTRACTOR does not qua ih as an "or -equal' item under subparagraph 6.7 1 1. it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINTTR to determine that the item of material or equipment proposed is essomially cquivalcm to that named and an acceptable substitute therefo. The procedure for review by the ENGINEER will include the following as supplemented in the General Requiremems and as F:ti(IINBFR may decide is appropriate under the circumstances, Requests for review of proposed substitute items of material or equipment will not he accepted by FNCiM R from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGi1N•EFTC fox acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in subsumce to that specified and be suited to the same use as that specified The application will state the extent, if imy, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'% achievement of Substamial Completion an time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Ikcmments (or in the provisions of any other direct contrast with OWNER for work an the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royals•. All variations of the proposed substitute from that specified will be identified in the application and avaihble mainteance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the result ng change, all of which will be CONTRACTOR shall perform not less than 20 ccrsi(krcd by f N ANFER in evaluating the percent of the Work with its own forces ..(tttyf It 7� proposed substitute. ENGINEER may require without suboontractiryzl The 2t, percent reauirement CONTRACTOR to fumsh additional (iota alwut shall be understood to refer to they ore the value of the prtTKx cd substitute. whj6 totals not Itss than 2l) percent of the Contract price. 6 T 1.3, CO M4CTOR's Lvpense: All data to be p evicted l CON"i'R4C fOR n wppott of emu 6.82 If -the--Sapplemeritary-Eottdi4artts Riddipe proposed "or -equal" or substitute item will be at Documents require the identity of certain CON] RMAOR'sexpense. Subcomtudors, Suppliers or other persons or aganiziihons (including tlkre who are to furnish the 6.7.2. sr,bstinne Comirrrctton :kkthodi or principal items of materials or equipment) to be Procedures: If a grcific means, method technique. suianitted to OWNER in advance elf-the-N- wifted sequence of pocedure of construction is shown or dace prior to the Effective Date of the Agnecment for indicated in mid expressly required by the Conran acceptance by OWNER and ENGINEER. -and -if I)ocumcntx CON]-RACTOR may furnish or utilize a _ substitute means, method technique, sequence or ay.-N(kttta-- ewiUt-thr�ap$leatertttay--(.'un(iitiotts� procedure of construction acceptable to ENGINEER- OWrNEWs or EN'GINEER's acceptance (either in CONTRACTOR shall submit sud$cient information to writing or by failing to make written objection thereto allow f-'N(;INIEER, in ENGINEER's sole discretion, to by the date indicated for so oeptance or objection in determine that the substitute pro p.)sed is equivalent to the bidding (documents or the Contract Documents) of that e\prmsly called for by the Contact Documents. any-sttuh-$atbsorttrecrapt- ;ttpplier-err-eiher-pens er The procedure for review by ENGINEER will be (. me}•-b� similar to that provided in suhparagaph 6.7.1.2. lxtsis-af Rae-mvoaiganork itr-w 11-wf>taif-en 67.3.F,ngineer'.r Eruluati(»t: F,'3(Cl2VF.F,R will he allowed a reasonable time within which to evaluate each pu>[iomt or :submittal made pursuant to such ssbstituiia>-ottlttn a aepriMa 4 trmge--EhdEr paragraphs 6 7 1 2 and 6 7 2 iNGIIxRER will be the w }}- sole judge of acceptahility_ No "Or rat" or constitute a condition of the Co ntract rcquirirtg the suhctimte will he ordered, installed or utilized w$hout use of the named subeonirec7crs. stmoliers a other I NGiNEFR's prior written acceptance which will be rt_ersons or orcanizaticm on the 11'ork_unIsm trier evidenced by either a Change Order or an approved written WAoyal is obfa WA upend c—)Alm and Shop Drawing. OWN'i R may require FNGfNHFrt No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTOR's FNWTNEER of any such Subcnttractor, Supplier at expense a special performance guarantee ix other other person or organization shall constitute a waiver surety with respect to any 'or -equal" or substitute- of any rim of OWNER or ENGINEER to reject ENGWEER will record time required by defective Work - ENGINEER and ENGINEER's Consullants in evaluating substitutes proposed or submitted by b;9. CONTRACTOR pursuant to pnrVn* 63 1 2 and 6.7.: and in making changes in the Contract 69A. CONTRACTOR shall be fully responsible to Documents (,or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions comma with OWNER for work; on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby WTnether or not ENGINEER and organizations performing or famishing any of the accepts a substitute item so proposed or submitted by Work under a cured or indirect contract with CONTRACTOR CON'TRaNCTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENG]NE-l-,R and responsible for CONTRACTOR's own actis and ENGINEMs Corxrultants for evaluating each such emnissiorn. Nothing in the ContmLi Documents shall proposed substitute ;tern. create for the benefit of any such Subcontractor. Supplier or other person or orpnizatton any 6.8. Concerning Subcontracrors, Siipplien and contactual telatioriship between OWNER or Others: ]ENGINEER and any such Subcontractor, Supplier or other persona organization nor shall it create any 681 CONTRACTOR shall not employ any obligation on the pan of OWNER or ENGINEER to Subcontractor, Supplier or other person or aganizauon pay or to see to tilt payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or LNG.INEI?R as indicated in paragraph 6.8-2), whether cvganization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws awl Regulations. OWNER a ENGINEER may IatiGINEER may have reasonable objection !furnish to am subcontractor supplier or other person CONTRACTOR shall not be required to employ any a organization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR.— �rLaccacJimce _ with to furnish or perform any of the Work against whom _-- CONTRACTOR'S "Awlicalitn s for payment" CONTRA("I'OR has reasonable objection. ixsr(?crett�tAtca otnukstytaa(t atdeaa> 13 w+'[.tTY OF FOIt'r (X1LUh5 41(N>IFICw'r10NS t7tSV 4,10CM1r 6-9.2, CONTRACTOR shall be solely respumiltife for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and ortanirations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CO'N TRACTOR shall require all Subcnntraetors, Suppliers and such oiler persons and organizations performing or furnishing any of the Work to communicate with the ENGCNUR through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any 1lrawirffis shall not control C'ONTRAC'fOR in dividing the Woik among Subcontractors or Suppliers or delnmeaunng the Work to be performed by any specific trade. 6-11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Su ntractur or Supplier which specifically binds the Subcontractor or Supplier to the apphcahle terms and conditions of the Contract Documents for the henefit of OWNFIR and FNG1N6"ER. Whenever-any-suohegreamant is wmen t+dd+stxwl--insured-on-ihe- ided-}n C.ONTR.ACTLA_.and..iha-Subaattrtmax-or- rytliar-will the r FTs 3Cr1PZIsk.R,-fsAK:I?vi}s"tsR'.S-C;ensuhetns--and-aN--other n,�r � e , and dnmagey a-1-M,A by atisumgeutQfererewitingfif any -of- thepertlseoveredby euelr{+alisiesand a aitleie the.WM -If-Ahe...irsurers on any-such-polici -esrequire buQpliarrO4JA1T'RtA( < wills teitsthaaniw Patent Fees and Ravafties.' 6.13. CONTRACTOR shall pay all license fees and rovalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, dc--sign, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINIM its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such too shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify end hold harmless OWIMZ, F,NGINFER, ENGINEER'S Consultants and the officers, directors, employees, agents and other consultants of each and any of them front and against all claims, colas, losses anal damages arising out of or resulting from any in6-ingement of patent rights or cop}�rigfu incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design rocess\ product or device not specified in the Contract Documents. EKWOENERALCONDMom 191"o"o Echtim) 14 w)C1 rY OFFrNtt Crt)l.t Nst-IminCA'i N'S(REV 4i20oa) Permits: 6.13, Unless otherwise taoi ided in the Supplementary Conditions, CONTRACTOR snail obtain nod pay for all construction permits and liceuWs. OWNER snail assist CONTRACTOR- when necessary, in obtaining such permits and licatsts CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of cywning of Bi& or. if there are no Bi& on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work. and 011\FR shall pay all charges of'slch utility owners for capital costs related thereto such as plat investment fees. G14. LawsandRegaladans. 6,14.1 CC.}'v'IRAC'IOR shall give all notices and comply with all I.aws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expresshv required by apphcahle Laws and Regulations: neither OWNER nor FNGINEF,R shall be responsible for monitoring CO,N"IRACTOR's compliance with any Laws or Regulations. G_142_ If CONTRACTOR performs any Wok knowing or having reason to know that it is contrary to laws or Regulation, C ONTRACI OR shall bear all claim-, costs. losses and damaees caused by, arising out of or resulting therefrom; however, it shall nuv be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings' to in accordance with laws and Regulations, but this shall not relieve CONTRACTOR of CUNT RAC T OR's obligations under paragraph 3.3,2. rases 615 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the Work- 6 15,1._OA> NFR is exemrr fnnh Colorado Sate and local sales and use taxes orn materials to be permanently incorpurutcxi into the pcoiect , Said taxes shall riot be included in the Contract J�nce- ada.ets Colorado Department ul'Revenue State CaoitnI -Xnnco 1374;Sherman Street Den—va„Colorsdo, 80261 Sales and Use Taxes_ lox the State_ of Colorado, Regional T ranspxrtatiun D strict fRTDj and crrta n Colorado ._counties are collected__ • the State of Colorado and are included in t}u Ca_tifieaticn of Exetnotion. All ap )hcable _ lq and Use Taxv imiusjLng Sate calllccted t;Yes}, on env items uth_er_than a stsinactgrn An ch btu. ding materials nhysicslly inwr ) ted into,l e project are.to be,pald b COh7 RACTOR rind are to be inclySled tit aP{ r rate bid items, Vse of Joremims: 6.16. MN> TRACTOR shall confine construction equipnenl, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations, rights -of -way, permits and easemcnL% and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof c- of any adjacent Lund or areas, resuhing from the performance of the Work. Should any, claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest Latent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER IiNGIN'EER's Cunsswitant and anyone directly or indirectly employed by any of them from and against all chairm vests, loses and dannages arising out of or resulting frown any claim or action, legal or equitable; brought by any such owner or occupant against OWNER. ENGTNFFR or any other party indemnified hereunder to the extent caused by or based upon CONTR.,kCTOR's performance of tte Work. 6.17. Dining the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work- At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools. appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site cleat ami ready for occupanc-,v by OWNER at Substantial Completion of the Work. CONTRACTOR stall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not lead nor permit any part of any structure to be loaded in any manner that will endanger the structure, not stall COIv TRACTOR subject any part of the York or adjacent property to stresses or presmres that will endanger it. Record Documents 619 C0NTR.AC'1'0R sMtl maintain in a safe place at the site one record copy of all Draw nos, Specifications, Addenda. Written :amendments Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications fissucd pursuant to pamg2'94) in good order and annotated to show all changes mace during construction Thesc record documems together with all approved Samples and a counterpart of all apprxcd Shop Drawings will be available to kN-MNE'ER for reference. Upon completion of the Work »rnl Iuax_to_rrlea-w o4' Gpal Payment. these m record docuents Samples alai Shop Drawings will be delivered to FNGINF1,1Z for MVNER Safety and Yrnreedon: 6.20. CONTRACTOR shall be regxrsible tie initiating. mamtaininpa and supervising all safety precautions and programs in connection with the Work, CONTRAC:fOR shall take all necessary precautions for the safety o(, and "it provide the necessary protection to prevent damage injury or loss to 6.20A, all persons on the Work site or who may be affected by the Work; 6202..all the Work and materials and equipment to be incorporated thercinn, whether in forage on or tiff the site, and 6.20.3. other property at the site or adjacent thereto, including trecc, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTF-ACTOR shall comply with all applicable Laws and Regulations of any public body luavit jurisdiction for safety of persoms or property or w protect them born damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may nMet tfacm, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6..02 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, atny Subcontractor, Supplier or any other person or organization directly or indirectly employed by arty of them to perform or famish any of the Work or anyone for whose ads an} of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the ads or omission of ORtNFR. or UNGMT.R tx ENGINEEMs Consultant or anyone employed by any of then of anyone for whose acts any of them may be liable, and rout attributable, directly or indirectly, in whole or in part, to the fault or negligence ofCONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety - and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a EJCDCOENMAL CONVII OT FS 1910-8 (19" Ecitim) 15 col CrrY OF FORT CX)LUM MODIFICAIIONS(REV Itzowl notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 621. Safey Represenmtnre CONTRACTOR "I desiWiate a qualified and experienced safety representative at the site whose duties and rcspunsibii$ics shall be t}me prevtmion of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Progrvms: 622. CO.N'IRACi'OR shall he MpMiblc for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or cxchunged between or among emplovers at the site in accordance with Laws or Regulations. Finergencies: 623 In emergencies affecting the safety or protection of personas or the Work or property, at the site or adjacent thereto, CON'TRA(7TOIt, without special instruction or audicieu ttion from OWNER or FNGINEER, is obligated to act to prevent tlrentemd damage, injury or loss. CONFRAC'I"OR shall give ENGINEER prompt written mice if CO3v"rRACrOR believes that any significant changes in the Work or variations from the Contract Documents have been caustic thereby. If ENGINEER. determines that a change in the Contract Documents is required because of the action taken by CONT R:ACTOR in response to such an emergence, a Work Change Directive or Change Order will he issued to document the consequences of such action 6.24. Shop Draa•ingsandSamples: 6.24.L CONTRACTOR shall submit Shop Drawings to ENGLNEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (sce paragraph 2.9). All submittals will be identified us ENGINEER may require and in the number of copies specified in the General Requirements, The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perlonnantce and design criteria. materials and similar data to show ENGDMM, the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the infomation for die limited purposes required by paragraph 6226 634.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable i,AtG1NEER to review the submittal for the limited 16 12A:DC OONITUL CON"IIOM 191" t1990 Ed time cot C11YO t'ORr COLLM MODnICK110NIS(M 412000) purposes required by paragmph6.26. The numbers of each Sample to be submitted will Ix: as specified) in the Specifications. 6.25. Srtbnriaal Procedures: 6.25.1. More submitting each Shop Drawing or Sampple, CONTRA(:"TOR shall have determmed and v'erifled: 6.25-1.1. all Geld measurements, quantities, dimensions, specified performance ciiteriu, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25,1 2. all materials with respect to intended usc, fabrication, shipppping, handling, storage, assembly and installation pertaining to the performance of the Work, and .6 2.5 13. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract D OCUMC & 6.232 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONT MkCTOR's obligations under the Contract ])moments oments with respect to CONTRACTOR's review and approval of that submittal 6253, At the time of each submission, CONTRACTOR shall give ENGINTLER specific written notice of such variations, if any, that the Shop Dritwing or Sample submitted may have from the requirements of the Contract Tkwument% such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26 ENGINEER will review and approve Shop Drawings and Samples in socmdance with the schedule of Shop Drawings and Sample submittals accepted by FNGfNEER as required by paragraph 2.9. ENGDNEER's review and approval will be only to determine if the items covered by the submittals wi11, after installation or mocuporatitm in the Work, conkntn to the information given in the Contract Documents and be compatible with the design curio ept of the completed project as a functioning whole as indicated by the Contract Documents. EiGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly, called for by the Contract Documents) or to safety precautions or programs incident thereto- The review and approval of a xxppeerrate item as such will not indicate approval of the assent h in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of Corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in unung to revisions other than the Corrections wiled for by INGINEER on previous submittals 6 27. ENC51XF:ER's rtwicw and approval of Shop Druwunu of Samples shall not relieve CONTRACTOR from responsihility for any varintion from the requirements of the Contract Documents unlcss CONTRACTOR has in writing called h;dGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accornpunymg the Shop I,hawmg cr Sample approvql_ nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. t 28. Where a Shop Drawing or Sample is required by the Comtract lkxuments or the schedule of Shop thawing and Sample submissions accepted by ENGINEER as required by paragraph 2 9, any related Work performed prior to ENGINF.ER's review and approval of the pertment suMntrial will he at the sole expense and responsibility of COPrTRAC I"OR_ Continuing the Work: 629. CO\*TRACTOR shall cam on the Work and adhere to tlx: progress schedule during all disputes or disagreements with 06t N);R No Work shall be delayed or Ixmtpxmed pending resolution of any disputes or disagreements. except as permitted by paragraph 153 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. 00NTR4CT0R'.v Cenral Waman(p and Gaarowee: 6.30.1. CONTRACTOR watmrxs and guarantees to OWN K ENGINEER and ENGIINERs Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1,1. abuse, modification or improper maintenance Of operation Ica peT%)M% Whir than CONTRACTOR, Subcontractors or SuppheM or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Norte of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents o- a release of CONTRACTOR's obligation to perform the AN ork in accordance with the Contract Do cumerrts. 6,30.2.1. obscrvaUon:; by INGINEER. 6.302.Z. recommendation of any proLuess or final p aymcra by (ENGINEER: 6,302.3, the issuance of a certificate of Substantial Completion or am payment by OWNTR to CONTRACTOR under the Contract Documenis, 6.30.2.4, use or occupancy of the Work or any pan thereof by OWNURt 630.15, any acceptance by OWNHR or any failure to do so: 6.30.2.6. any review and approvul of b Shop Drawing or Sample submittal nr the isstnance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13: 63017 17 any inspection test or approval by other: or 6.30,2X any correction of &,festive Work by OWNER. Indemntfieatiem: 6.31, To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall mdcmaify and hold harmless OWNER, fiNGIN1IR, ENGLN'E•ERN Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, lasses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other profzssionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, lass or damage: (i) is attributable to bodily injury, sickness, disease or death or to injury to o' destruction of tangible prom), (other than the Wark itself), including the loss of use resulting therefrom, and (it) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work o amune for whose acts am - of them may be liable, regardless of whether or not caused m part by any negligence or omission of a person or entity indemnified hereunder or whetter liability is imposed upon such indemnified party by Laws arRl Regulations regardless of the negligence of any such per -Ain or entity 6.32, in any and all claims against OWNER or ENGINEER or any of their respective consuhartts, agents, officers, directors or employees by any employee (or the survivor or personal representative of such emplovee) of CONTRACTOR any Subcontractor, any Suppfia, any person or organizatiot directly or indirectly employed by WI)C OLNERAL CONVITIOM 1910-9(1990 F&Jm) 17 W C77Y OF FORT COLLINS MOUTICATIONS (REV •[R000) am of them to perform or burnish mw of the Work or anyone for whose acts arnv of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragmrh 631 shall not esiend to the Lability of ENGINEER and ENGINEER's Consultants officers, direciras, employees or accents caused by the professional negligence, errors or omissions of any of them. SruvivW ofObligaftomr 6.34. All represemations, indemnifications, watrarrics and guarantees made in required by or given in accordance with flit Contract DocumenK as well as all continuing obligations ifxlicated in the Contract Documents wall survive final peymera, completion and acceptance of the Work and tennination or completion of the Agreement. ARTICLE 7--OTIWR WORK Refuted Work of Site: TI OWNER may perform other work related to the Project at the site by OWNER' own forms, or let other direct contracts therefor which shall contain General Conditions sinnila to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, flan. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii)CONfRACTOR may make a claim therefor as provided in Articles 11 and 12 if CON TRICI'OR Ixiieves that such performance will involve additional expense to CONTRACTOR or requites additional time and the parties are unable to agree as to the amount or extent thereof: T1 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and. OWNER, if O1VNER is performing the additional work with OWNER's emplovees) proper and safe access to the site and a reasonable opportur ity for the introduction and storage of materials and equipment and the execution of such other work and shall properly comied and coordirmte the Wok with theirs. Unless otherwise provided in the Contract Documents CONTRACTOR shall do all euttirg, fining and patching of the Work that may be required to make its several parts tonne together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by wttiat excavating or otherwise altmirg thew work and will only cut or alter their work with the written consent of ENGRNMER and the others whose work will be affected. The duties and responsibilities of tANTRACTOR under this paragraph arc for the benefit of such utility owners and other contuados to the extent that there are comparable 18 EiCUICOFNA1,CONINTIONS 191M 11990 E6ami wT a rY OF FORT COUINS MODnlCATION'S tREy 4d200e) provisions for the benefit of CONTRACTOR at said direct contracts between OIYNER and such utility owrters and other contractors. 7.3. If the proper execution or results of any pan of Ct NJIT -- t'TOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly rcc}}xx��rtrt to ENGINEER in writing any dclays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACIOR's Work. C'ONTRACTOR's failure so to repeat will orwix itute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for Intent or nonapIxtrent defect, and deficiencies in such other work Coorifination: 74. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be et,fcvih in Supplementary Conditions' 7A.1. die person, firm or corporation who will have authority and respoxccibthty for coordination of the activities among the various prime contractors will he identified; 7.4.2, the specific ific matters to be covered by such authority and responsibility will be itemized; and 7,43 the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of'such coordination ARTICLE R--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throutdn ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an erginieer against whom -CONTRAC--TOR- makes -no reasonabe-objeetim, whose status under the Contract Documents shall be that of the former ENGINEER. 83_ OWIN'ER shall furnish the data Tequirtxl of OWNER under the Contract Documents promptly and shall make payments in CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWRNE1Rs duties in respect of providing lands and easements and providing erigineering surveys to establish reference points ere set forth in paragraphs 41 and 4.4. paragraph 4.2 refers to OWNEWs identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of p>ttysioal conditions in existing structures at or contiguous to the site that have been utilized by V-N(;IN1:T`R in preparing the ContractDocumentsat and forth in pampers* 43- through §;10, 8.6 OWMR R is obligated to execute Change Coders as indicated in paragraph 10.4. 8 7 OWNER'S responsibility in respect of certain irnspft tions, tests and approvals is set forth in paragraph 13.4 98, In connection with OW'NER.'s right to stop Work or suspend Work, see mragraph%13.10 and 15A. Paragraph152 deals with OWNER's right to tennirtate services of CONTRACTOR under certain evcumstances. 8.9. The OWNFP shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC71'OR's means methock techniques, sequences of procedures of construction or the safety precautions and programs incident thereto, or for any failure of CON I RACIOR to comply with Laws and Regulations applicable to the furnishing to performance of the Work. OWNER will not be responsible for MMI'RACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. R-u).--_.e>t3.'Ica}'s12•sraspon5ihility-it}.resg3eet-of -undim4osed -F1R---W'es[e---or Radiowive-Materials emeovered er- revealed --at the site is set-fiuth-inyten'BrafiF*4'S 84+—Ifarid to the emeM kA414 4Hat d wneittl arrangements- have -lien -made --to satisfy c31tiiE1�'s respsonsibiltty in reapeCt-thereof will -be as sat fonh in -the Supplementary-C xatrlttit" ARTICLE 9-UNGINFEWS STATITS DURING CONSTRUCTION OWNER'S Representative: 91 ERGTI^MR will be OWNERS representative during the construction period. The deities and responsibilities and the limitations of authority of ENOIINTER as OWNER's representative during construction. Fire set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGiNMER Buts tv Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construct on as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress E)C0C UEENERAL CONDI110N3191a-a (199a EAtim) wi CITY OF FORT COLUM MCDn1CATIONS (REV ddoaa) that has been made and the quality of the various aspects of VONTRACTOR's executed Work Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit or OWNER to determine, in general. if the Work is proceeding in accordance with the Contract Documents. F'No>1NHI3R will not be required to make cAmustive or continuous on. site inspections to check the quality or opranlity of the Wok. ENGINEL^R's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site ohserv'atiou, 1:Nt1NFF.R will keep OWNER informed of the progress of die Work and will endeavor to guard OWNER ngmnst tkiective Work. F'vGINE6R's visits and on -site observations are subject to all the limitations on ENGINEER's authority arid respduuibihty set forth in paragraph 9-13. and particularly but without limitation during or as a result of 1 NGINEER's on -site visits or observations of CONT ACCOR's Work ENGINEER will not supervise. direct. control or have authority over or be responcrhle fbr CONfRACTOR's means, methods, techniques, sequences or procedures of constructiov, or the safety precautions and programs incidertt thereto, or for am, failure of CONTRACTOR to comply with Laws and Regulations applicable to the fmrrushigg or performance of the Work. Project Represenmin-e.• 9:3, If OWNER and FNGIN51i'R agree, I NGIMT- ,R will furnish a Resident project Representative to assist ENGINEER in providing more con inuous observation of the Work. The responsibilities and authority and limitations thereon of am such Resident Project Representative and assistants will be as provided in pamgraphs_5i- ,and 9.1-4 'd a - Conditions of these Generai Cknditions. If MNN R designates another representative or agent to represent OWNER at the site who is not l;NtGTNF.ER's Cormtltant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in dtt S tmtnty 4 ornii4 dons parggeph 9_� 9f thesc,Cieneral„(rn die me Tribe RNGINFFR, furnishes a._.Resc!ertil.... P%9�e+;t , Rrptv'serttatigt ...Q.tPRI, ,a _ Qchfr srssiandc ,,pr. if the C1W2v1 R deslimat s a Replesentxliv_e or agent all as provided in fmragra� 9.3 of the G„gieral Catalttions tlt .Repxesentauves shall have de au tiluri and lunita ons_as growrded in._paragraph `t!g , of,ing Gernernh [Conditions and shalll be subied to the followirtt 931 The Representative's dealings in matters Qerlainirpz to the Lin -site work cavil), to pgr eral be with t}te ENGINEER aoLl CONTRACTOR. _ DA the Representative will keep„ the ()WNER._,.properlx 4dvused abdwt such mailers _Th Ite}res�}alive's ciealtrtg with gubcoiltructors will only be thrtweh or v nh, the, full, knowledge aril approval of the C()N'fitr�CTOR 9.3.2, Duties and Res xrrnibihties. Reoresenative will: 9.3.2.1 Schedules - Review the trmgms 19 Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (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, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 12/03 Section 00100 Page 2 scltatiuleaid. iuher_schedulw's""sj_remred L>;__tile C'()N.JRA('TOR... and. consult with 1;,'�4iLN_EER cornerrtiny_acc�r�ttab_.ility: 9_3:2?. Conferences _a Meek - Attenjc meettt�g_ith__the_.tY�ti7:Rl('l'OR_such as preconstTuction conferrrices, progress mcctings a» d other iot+_ c<mCercixr__aml tyre and circulate copie of minutes ofinectings. 9.3.'_.3. Liaison 932.3.1 Serve as FVNNVER'S liaison witi� CQNTRAC.1:Qk t rkic>g pruKtpa113 tbrnu¢ft CON ITR=V:1(LR5 sutxrintetident to assist the _(_t)N'1_RAC[ OR. in understanding the Cantraci U«tunen�s 9.3.2.3?.4ssist fn_±biaintrtj; Gam G1dN,R additional details. or mfnmiauon, when re ire forQrur eea:ution of t}x 1L'ark 9 3 _3. _ Cuh' sc ihc.__ \Ml'dtBB__AN CONTRACTOR of the commencement of env__tVork._rr..gtrtg_a. Shto_I)r�wtriS._or samule submission if the submnssi n has�t been approved by the I NGINFER: 9 3'_JRzgiew of XVork, Rejection of Defective 41'ark lnspeitons and, "festc- 9,33.? 4._1_3_nnduct on -site observations of the Work iii mwess to jit.Kisl_the.. LQ NEER in determining thatthe Work is proceedmg_tn itcoff Jan"th wite Corr" T) umM es 93?,A3 �cy'otnpam visilrfg ,inspectory tepreseritingDubhc rr other a cosies fiavnte jutistiiction over the Rojeci, rccad the results of these inspections and repurt to the ENGINEER. 93? lntetjxelsiLon o[ C'onttract Dauments Repart._ to E.N'PRQ� CR when clarifications and ume!ffeiatior' of the Ccxttract Documents are needed and _tninmit to tX3Nfi2.4C70R a,larifi�tion arid in_terpreiatim of the Conine. Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTR.ACMR'S suo2estiorts for r•,rt-uc: ot~NERAL CONN11ONs l vro�x a M Edi;au wr cirr OF FOR7 COLLINS MOO rtCn noNs txt;v erzauot modification in Urawums or Swificatioits and repprt these recgmmeridittions to ENr1NEER. Accurately__titutsn»t io CONTRACfbk - decisicns issitmUtr the FNGAIEER. 9.3.2.7 Records. 9.3.27.3-Record names, addresses and. telgabone numbers of all (' NTTT "FORS. subcontractors and major suppliers of c pti3x tcttt and materials. 9,12 8._ Reports, 9328 1 ._ r,upu.gl__k ?.4'„ R pef Rdl& repons„as reguged of the �_oo�eess, cif th{ We", and of the CONTRACTOR'S co}jipharj� ��tSia_theRS4$t:S�t_sS�ethtl,9,.>,31.d sdiedule o[, shop_ Dratving__and__sample submittals. 9.3 f s z _,__ConsulL�vish_. GiN1 _icf advance _ gf`.... _scheclultr„�,_. maj.tx___ e.,cts,,., M ,ectiom or start of important phases of the Work. 93,213. Oraft propmd Chattae Orders and WorkDirective Chtttigess,__oblsming txickup material lion the C�NTR4( TOR and recomme i to ENGINEER ChartRe fft�lers,,_i�'wk D¢t�tive Charges aM► find ciders 9.3:2 SA Eggq immettiately to LNG LdEER and OW3vMR the «Yurreri<x oC ant accident ��_t _� .__ 9.3.2.9. Payment RSyuests. Review aoolieatitms for FaY meM with < i)f� ]'RACE OR Ca complier with 1}ie established praccoitin far their submission and forward with recommendation to _ ENGLNtiE�nattingQarticularl� U>z retatigttsloi of the paymatt requested to thr scicclule of value com�leteol wnyi_jpatcrjals and._equi�xnem tdehvered at the site but no[ ins ated rn� l\'cxk, 9.3.2.10. C9mplcticm• 9 2.10.1. Before LNGLN ER issues a CrrtifcaFe of Substantial CgntnrQleuc� spbmit to CON'TRAC O R_ a list items _obsirved rec�uir� car&ion ur_cattFletiort. .__ 7.3—?.1Q.'—._C.ondtxlfinal iriseet on in the oompoy of the ENGINEER O) V IER and C MURAC'TOR_mid _preepare_a_ finial list of items _l_o_be Corrected or completed. 93.210 3 Observe that all items as the final_ list have been corrected or cgrllpleted and make recommendations to ENGINEER coneernow, acceptance�� 93.3. Lil not: 9 3 t 1 _..Authorize_ anv deviations ,from the Contract Documents or accept any substitute ulateripls._or,equipmnent.,wRless authorized-by-ft xNGrrlErx. 93.3'2._ Exceed Imitations Qf_F•NGTNEER'S au as. etin the Contract I ents. 9 3 3 3 . [;ndertake_an�' of the respumilihaes of the CONTRACTOR Sub«mtrnciors or (79itiTIR CTQR;S superitltdldent, 9.3,3�. . tdvjse fin, nr,)s� dNev;tigrys,relatjve tat or agsume cxontrol_cna, any,asped oC the mom ssa methods, hods, techrit cs, saegiienccs or ptmdtltes._f9r colj rueiaop ur lc�g . sa l_ ,js specifically called for in the Contract Documents, 9.3.3.5. Advise on or issue directions t auk _s ns$umc.�_control'aver _3afv precau3icros, tTncd prtjl�ams m_coratFcticros µnth_lltz --- Work. 9.3 3;6.,._...,r?�ccept,. ShoE_,�SY!pi�__or �ssmQle submittals from anyone filter than the CONTRACTOR 9-33.7, Authorize OWNER to «catty the Work rat wtmle tu�m t. 9Partuipate,_ in specialized _ field or labtnmwry tests or in�teclions conducted by�others �v71t---As, ,speci[rcelly at! t}x>rzecl_ b'1_, attic ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable prtimptttess such written clarifications or interpretatos of the requirements A the Contract Documents (in the form of Drawings or othenvisc) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable Gom the Contract Documents. Such written clarifications and interpretations will be binding on OW;N'6R and CONTRACTOR if OWNER or CONTRACTOR believes that a written clarification or interpretation justifies in adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any. OWNER or CONTRACTOR may make a wrium claim therefor as provided in Article l l or Article 12. .4athwized I uriationa in A'brk: 9s fd\GINI.I-R may authonrc minor variations in the fork liom the requirements of the Contact Documents which do not involve an 4ustmem in the Contract Price a the Contract Times sad are ccunpetibic with the design concept of the completed Project as a functioning whole as indicated In the Contract Documents These may he accomplished M, a Field Order and will be binding on OWNER and also at CON't"RACTOR who shall perform the Work involved promptly_ It OWNER or CON TRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof. OW'NT:'R or CONTRACTOR may make a wrmen claim therefor as provided in Article I I M 12. Rejecting Defedwe If ork- 96, ENGINEER will hays authority to disapprove or reject Work which ENGINEER believes to be ckfecrive. or that ENGIN'ELR believes will snot produce a completed Project that conforms to the Contract Oocurnents or that will prejudice the integrity of the design concept of the completed Prujca as a functioning whole as indicated by the Contract Dcxuments ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, mstailed or completed Shop Draningi, Change Orders and PatartenA 9.7, In connection with ENGTNL•'EWs authority as to Shop Drawings and Samples see paragraphs 6.24 through 6.28 inclusive. 98, In connection with ENGINTER's authority as to Change Orders, we Artivics 10, 11, anti 12. 9.9. in connection with ENGWEER's authority as to Applications fur Payment, see Amick 14 Dilermincaions for Unit Prices: 9,10. ENGINEER will determine the actual quantities tad classifications of Unit price Work performed by CONTRACTOR ENGINI-MR will review with CO?v`1'RAMOR the ENGiNEE'R's pretitninary determinations on such matters before rendering a written decision thereon (In' recommendation of an Application WCDCOEWMCONIATIO 5191e-8 iIME(itim) 21 col CITY OF FORTCY)LUM MODIFICATIONS (ktV4naoo) for Payment or otherwise). 1:N3INEER's written decision thereon will be, final and binding upon ONNN .R and CONTRACTOR unlcxv, within ten days after the date of anv such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from HtiGINF;ER's decision and: (i) an appeal from ENGMEER's decision is taken within the time limits and in accordance with the procedures set R41h in Exhibit GC -A "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into. a fix -mail proceeding is instituted by the appealing party in a forum of competent junsdiction to exercise such rights or remedies as the appealing party may have with respect to FNGINFJ-Xs decision, unless otherwise agreed in writing by OWNER and CUNTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputer 911- F.MGttiEFR will he the itutal imetlweter of the requirement,of the Contract Iocuments and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability_ of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles l I and 12 in respect of changes in the Contract Price a Contract Times will be referral initially m PNCT1NEF.R in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered be the claimant to ENGMEER and the other party to the Agreement promptly (Mrt in no event later titan thirty clays) after the start of the occurrence er event giving rise thereto, and written supporting data will he submitted to HNGINEF.R and the other party within sixty days after the start of such occurrence or event unless ENGh'3EFR allows an adkitional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter The opposing, party shall submit any response to ENGINEER arid the claimant within thirty days after receipt of the claimaru's last submittal (unless FNGiN'EFR allows additional time). EIGLN''EER will render a formal decision in writing within thirty days after receipt of the opposing p0" 's submittal, if any, in accordance with this paragraph ENGINEERk written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINIaXs decision is taken within the time limits and in accordance with the gpxoccdwes set forth in EXH1131T GC -A. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from LNGINlER's witnen decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party, may, have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such n7 WDCOEINUALCONIX110td31910.8(1990Edition) " w (i ry OFFORT COLuNs ktomFjcA,noAs ft--v4R0xioi decision, unless otherwise agreed in writing by oWNER and C ONTRAC"TOR. 91 When functioning as interpreter and judge under pamyaphs9.I0 and 911. ENGINEER will not show partiality to OWNER or CON'TRACfOR and will not he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendenng of a decision by ENGINEER pursuant to paragraphs 9.10 or 9,11 with respect to any such clams, dispute or other matter (except any which bavc been wi ved by the making or weeptance of final payment as provided in paragraph 14.15) will he n condition precedent to any exercise by OWNER or CONTRACTOR of such riglits or remedies as either may otherwise have under the Contract Ikeumentc or by Laws or Regulations in respect ofany such claim, dispute or other maiterpun uantte Art ile 16. 9,13. Limitations on ENGINEER's Authority and ResponsibiGtier 4131. Neither kIGINFER's authority or responsibility under this Article 9 or under anv other provrshon of the Contract Documents nor anv decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise orperformance of arty authority or responsibility by ENGiNF,FR shall create, impose or give rise to any duty owed by LNGINEER to CONTRACTOR, try Subcontractor, any Supplier, any other person or organization, or to am' surety for or employee or agent of any of them 9.132, ENGINEER will not supervise, direct, control or have authority over or he responsible for CONTRACTOR's mearts, methods, techniques, sequences or procedures of eontstruotion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR. to comply with Laws and Regulations applicable to the furnishing or performance of the Work. FNGLVEER will not be responsible for CONTRACTUR's failure to perform or furnish the Work in accordance with the Contract Tkncument4. 9.13.3. ENGINEER will riot be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9,13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintemmie and operating instructions, schedules. guanhntees, Bands and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the recµrirements oL and in the use of certificates of inspections, tests and approvals that the results vertified indicate compliance with, the Contract Documents, 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to !`.NGiNET:R's Consultants, Resident Prv?iec.t Representative and assistants. ARTICLE 10—CHANCES►N THE WORK 10.L Without invalidating the .Agreement rind without notice to any surety OWNT:R may. at any time or from time to time, order additions, deletions Of revisions in the Work. Such additions. deletions or revisions will he authorized by a WrittenAmendment, a Change Order. or a Work Change Directive. Upon receipt of any such document_ CONTRACTOR shall promptly proceed with hich the Work involved wwill be performed ureter the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. if OWNER and CONTRACTOR are unable to agree as to the extent, it' any, of an adjustment in the Contract prig; or an adjustment of the ContractTimes that should he allowed as a result of a Wnrk Change "rective, a claim may be made thercf8r as provided in Article 1 I or Article 12 10.3. CONTRACTOR shall not be entitled to tm im.Totsc in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by the Contract Document; as amended, moditned and supplemented as provided in paragraphs 3.5 and 3.6, except in the utse of an emergency as provided in paragraph 611 or in the case of uncovering Work as provided in paragraph 13 9. 10.4. OWNER and CONTRACTOR shall e=ute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering, 1041 changes in the Work which are 0) ordered by OWNER pursuant to paragraph tQl, (u)required because of acceptance of defective Work under paragraph 13.13 Or correcting al'fecdve Work under paragraph 13.14, or (iii) agreed to by the parties, 10,4.2. changes in the Contract Price or Contract Times which are agreed to by the parties, and 1043, chimges in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuard to paragraph 9.111 provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall on the Work and adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents VCUCoFNFILIL CON101110M 1910-8 0994DE(liam) w/ CITY OF FORT ('0LLtNSMODIFl C'A11ONS (REV,IrMo) (including. but not limited to, Contract price or Contract 'Times) is required by the prtwisions of any Bond to be given to a surety, the gjving of am such notice will be CONTRACTOR's responsibility, atxl the amount of each applicable Bore) will be adjusted accordingly. ARTICLE il—Cli h'tiCyE OF COiYTRAC'1' PRICE 11-1. The Contract Price constitutes the total compensation (subject to authorized aljustmenis) payable to CONTRACTOR for performing the Work. Ail duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall he at CONT'RACTOR's expense without change in the Contract Price. 112 The Contract Price may only be changed by a Change Orden' or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINP.rR promptly (but in no event later than thirty da)m) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days atter the start of such Occurrence or event (unless P,NGINEF,R aliown additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All Claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OlVNTR and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2 11.3 The value of any Work covered by a Change Over or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. what the Work involved is covered by unit prices contained in the Contract Documents by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11 9.1 through 11,9.3, inv lusivey. 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11 6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 11 3 2. on the basis of the Cos of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACfOR's fee for overhead and profit (determined as provided in paragraph 1 L6). Coss of the Wm*k: 11.4, The tern Cost of the Work means the sum of all WAS necessarily incurred and paid by CONTRACTOR'in the props performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such coats shall be in amounts no higher than those prevailing in the locality of the Parojec4 shall include only the following items and shall not include any of the costs itemized in paragraph 11.5 I I A. i .Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. such employees "I include without limitation superintendents, foremen and other personnel employed full -tune at the site. Payroll costs for employees not employed full4mae on the Work shall be apportioned on the basis of their time spent on the Work. PayToll costs shall inolude; but aid be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retiretmem benefhtr,bonusex sink applicable thereto. The expenses of peorming Work after regular waking hours, on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OW NF,R. 11 A.2. Cost of all materials and eyuippmmcrt furnished and mcorpmted an the Work, including costs of transportation and storage thereof, and Suppliers' field services required in ounrnection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3, payments made by CONTRACTOR to the Subcontractors for Work perforated or Garnished by Subcontractors. If required by OWNER, FXPCOLNE) AL CONDITIOM 19104 it "0 Edtim) 24 cot CITY OF FORT (.UL1:ID8 MOD71.7CATIONS (RHV 4R000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OW NE..R who will then determine_ with the a(ivice of ENGLNEER which bids, if any. will be acccptW. If any subcontract provides that the Suhconitactor is to Ix paid on the basis of Cost of the Work plus a fee, the Subeontraoves Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and lee as provided in paragraphs 11 A, 11 45, 116 and 1 17 All subcontracts shall be subject to the other provisions of the Contmet Documents insofar as applicable_ 11,44 Costs of special consultants (including but not limited to cngincen, arehitectq testing laboratories, surveyors, attorneys and accountants employed for services specifically related to the work. 11.4.5. Supplemental costs including the following. 11A_5_}. 'The proportion of n descry transporatiorn, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4-5' CIA, including uamportation and maintenance. of all materials. supplies. equipment, machinery, appliances, once and temporary facilities at die site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.53_ Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRA( —FOR or others in aeordarnce with rental agreements approved by 0W'NER with the advice of ENGMiER. and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —ail in accordance with terms of said rental agseenrents, The rental of sty such equipment_ machinery or parts shall cease when the use thereof is no larger necessary for the Work. 11 ASA. Sales, consumer, use or similar taxes related to the Wort;, and for which CONTRACTOR is liable, imposed by Laws and Regulation. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, arty Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or othenvisc, sustained by CONTRACTOR in connection with the performance and furnishing of the lilork (except ha s and damages within the deductible amounts of property insurance established by OWNER in accordance with 1xuafrsaph 59), provided they have resulted lion causes Ahcr than the neg$ligence of CONTRACTOR, any S ttntractor, or an)'otc directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall indude selllcmenls made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purprne of determining CONTRACTOR'S fee. 1C howtver, any such loss Or damage requires reconstruction and CONTRACTOR is placed to charge thereof, CONTJACTOR sH be paid for services a fee proportionate to that stated in paragraph 116.2 I I4.5.7. The cast of utilities, tucl and sanitary facilities at the site. 11 4.5.8. Mina expenses such as telegrams. long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. I I.4.59 Cost of premiums for additional ponds and insurance required Buse of changes in the Work 11.5_ The tern Cost of the Work shall not include any of the following: 11.51. Payroll casts and other compensation of CONTRACTOR's officers, executives, principals (of partneuslop and sole proprietorships), general managers, engineers, architects, estimators. attorneys, audiors, accountant-, purchr sutg and cxntrading agents, espethters, timekeepers, clerks and other personnel employed by CoNrR., CTOR whether at the site or is C(3\fRACfOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 114.1 or specifically covered by paragraph 11.4.4—all of which are to be considered admmistralwe costs covered by the CONTRACTOR's fee. 11.51 Expenses of CONJXNCTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any pact of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against MN`fRACTOR for delinquent payments. 11.54. Cost of premiums for all Wnxls and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontract", or anyone directly or indirectly employed by any of there or fa whose ads any of them may be habfe, including but not limited to, the correction of ciefectrve Wait. disposal of materials or equipment wrongly supplied and making good any damage to property. l 1 5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 116 The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1, a mutually acceptable fixed fee, or 11.62. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11A2.L for costs incurred under paragraphs 1 l 4.1 and H A "_, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2_ for Coati incurred under paragraph 11,4.3, the CONTRACTOR's fee shall be five percent, 11.6.2.3, where one or more tiers of suboomracts are on the basis of Cost of the Work plus a fee and to fixed fee is agreed upon, the intent of paragraphs l 14.1, 11.4.2, 11.43 and 11.6.2 is that the Subcararactor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid it fee of five-poment-4- he xmeuru-paid-to thenext k»vernierSttbeurtltaetot to*,n.Wgpatecl Itt$4MI fi3itl_1.a'1�.1.1f1�Q.tiy�I`j�_bu?.1M?t�t>?.65SeSd fite.pe�oer t of!hramsxtrtid to tF1c nexi_iawer tjff,�ul?e013traglQ;'� 11.6.24, no fee shall be payable clan the basis of costs itemized under par"phs 11.4.4, 114.5 and 11 3; 11.6.15. the amount of credit to be allowed by CONTRACTOR to OWNM for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6,16. wh cr€ both additions and credits are involved in any, one c}ar*e, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordancY with paragraphs 11.6.2.1 through 11.623, inclusive. 111, Whenever the cost of any Work is to be E IX'GENERALCONUTI NS19to8ovvoEkb1im) 25 W O TY OF rORT tsu.uws �\1uiw-t CAnoxs €R6c 1r009a determined pursuant to paragraphs 1 L4 and 11 >, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cast breakdown together with supporting data. Cas* Allowances: 11.$, it is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and stag cause the Wort` u0 covered to be furnished and performed for such sums as may be acceptahleto0WNI:•;Rand ENGINl•ER CONTRACTOR agrees that. i VS 1 the allowances include the cost to CONTRACTOR (less any applicable trade discourris) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 11.8.2. CON'TRACTOR's costs for unloading and handling on the site, labor, instajlahon costs, overhead profit and other expenses contemplated for the allowances have been included in the Contract Rice and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order wig be issued as recommended by f NGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shag be correspondingly adjusted. 1 L9. Vnii Price Work- i 1.9,1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will he deemed to include for all Unit Price Work an amount equal to the stun of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit twice Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR wig be made by ENGfNEER in accordance with paragraph 9.10. 11.92. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CON'TRACTOR's overhead and profit for each separately identified item, 11.9.3.OWINMR or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I if.. 11.9.3.1. the quantity of any item of Unlit Price Work performed by CONTRACTOR dikfers materially and significantly from the estimated quantity of such item indicated in the Agreement; E.K OCOENBRAL CONDMOM 191A8 (199013dlian 26 wt CITY OFFORT c'Otd•[NS MODMICAtIONs (tthv illuuo) aril 11.9.3.1 there is no corresponding adjustment with respect to any other item of Work, and 11.9.3.3. if C ON'TRACTOR believes that CONTRACTOR is entitled to an increase in Contract Rice as a result kit having incurred additional e:g)tttse cx OWN''ER believes that OWNER is entitled to a d rease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACIOR _ acknowlec�, [Fret flu OWNER has the right to a44 err delete items m the _Bid _.cr change _quantium at O1kti1 R'S wile discretion without affectytg the C ontraq_Pr x of any rctnamiraitem _so long as the &teatm or aokditicsF__ddms sox e�sceecl licent� fiv�roenl of the original x,al ( tntract price_ ARTICLE 12--CHAINGF. OF CON TRACT Ti M P S 121. The Contract Times(a Mdcstones) may only tic changed t)' a Change Order or a [1'ntten :Lnendnient. Ao• claln for an adjustment of the Contract Times (cu Milestones) shall he based on written notice delivered by the party making the claim to the ether party and to 1NGINF:ER promptly ('hut in no event later than thin days) allor tie occurrence of the event giving rise to the claim and slating the general nawre of the claim. Notice of the extent of the claim with supjxirting data shall be delivered within sou, days after such eccurence (unless F.N(j1NhF,R allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's ATilien statement that the adiustment claimed is the entire adjustment to which the claim» am has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract Tomas (or Miesto es) Steil be determined by FNGTNEFR in accordance with paragraph 911 if Ov4?%'ER and CONTRACTOR cannot otherwise agrce No claim for an adjustment in the Contract Times (cc Milestones) will be valid if riot submitted in accordance with the requirements of this paragraph 12.1- 112. All time limits stated in the Cotmract Documents are of the essence of the Agreement. 1 "_.3. A'here CONTRACTOR is prevented from completing any, part of the Work within the Contract Times for Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times' or NEIestones) will be externkd in an amount equal to time lost due to such May if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall incluole. but not be limited to, acts or neglect by O%N'NM acts or nteglo t of utility owners or other contractors performing other work as contemplated by Article 7. fees, floods, epidemics. abnormal weather conditions a acts of Gat Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to tx delays within the cdmttol of CONTRACTOR. 114_ Where t:'ONTILAC'TOR is prevented from completing any {tart of the Work within the Contract T imes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an cxtesston of the Contract Tunes (or \Mestones) in an amount equal to the time list due to such delay shail be CONTRAC.'TOR's sale and exclusive rrntedy for such delay. In no event shall OWNMR be liable to CONTRACTOR. any Subcontractor, any Supplier.. any other person or organization or to any surety for or employee or agem of any of them, for damages arisurg out of or resuhing front (1) delays caused b3or within the control of the VOIN-M (-VOW or (it) delays beyond the control of bah parties including, but not limited to. fires, floods, epidemics, abnormal weather conditions, acts of (lad or acts or ncelect by utility owners or other contractors performing other work as contemplated by Article 7. ARTH:Lk i3—TFS'rs AND INSPECTiOItiS, CORRFfiTION, REMOVAL OR ACCEt"I'ANCE OF DE ECTIVE WORK 13.1. NorieeofDefects: Prompt notice of all defective Rork of which O„'NIR or ENGINEER have actual knowledge will he given to CONTRACTOR .All dejeerny Work may be rejccied. corrected or accepted as provided in this Article 13. ,Access to Work: 13:2. ONV dM EINGNTEER LNGINEER's Consultants other representatives and personnel of OWNER, independent testing laboratories and governmer"I agencies with jurisdictional interests will have access to the Work at maxrmbde times for their observation. inspecting and testing. CO1,1TRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOTs site safety procedures and programs so that they may comply therewith as applicable. Tests cord Inspections 13.3. CONI'Rr1C 'TOR shall eive ENGINEER barely notice of readiness of the Wok for all required inspections, tests or approvals, and shall caopemte with inspection and testing personnel to facilitate required inspections or tests. 13,4. O\NT3t shall employ and pity fo t}na senices of an independent testing labcratov to perfom all inspections. tests, or approvals required by the Contract Documents except: 13,4.1_ for inspections. tests or approvals covered by paragraph 13.5 below. 13.4.2. that coasts incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICOC GENERAL CONLATI0`S 1910E I HM E.itimN WICITYOF FORT C01-LINSMODIrICA7tONS MEP 4T Mn below shall be paid as provided in said paragraph 13.9', and 13 43 as otherwise specifically provided in the Contract Documents. 13.5. t C Laws or Regulations of any public body having, jurisdiction require any Work (a' part thereof) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shd] assume full responsibility for arranging and obtaining such inspections. tests or approvals, pay all costs in connection therewith, and furnish ENGTNEER the required certificates of inspection, o approval. "ON V kACTOR 4all also be responsible for arranging and obtaining and shall pay all cdM% in connection with any ittspecutms. tests or approvals required for OWNER's and IiNG INF,FR's acccptancc of materials or equipment to be incorporated in the t;'ork, or of materials, mix designs, or equipment submitted for ap�xoval prior to CONTRACTOR'S purchase thereof far incorporation in the , Wk, 13 & I f any Work (or the work of others) that is to he trexcted, tested or approved is covered by CONTRACTOR without written coneunence of t-NCINEFIZ, it must, if requested 1)), FNGtNI,- R, be uncovered for observation. 133 1Incovering Work as provided in paragraph 13.6 shall be at Cx)NTRACTOWs expense unless CONTRACTOR has given ENGINEER timely notice of CONTRICTOWs intension to cover the some and hNGINFFR has not acted with reasanable promptness in response to such notice. t `nem,ering Work: 139, If anv Work is covered contrary to the written request of ENGINEER. it must, if requested by 1,NGiNE1R, be uncovered for FNGINU-Ws observation and replaced at CONTRACfOR's expense. 13.9 1fFNGTINF,ER considers it necessary or advisable that covered Work be observed by LNGLNEER or inspected or tested by others, CONTRACTOR at ENGINTI;R's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material mid equipment, if it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising outof or resulting from such uncovering, exposure, observation inspection and testing and of satisfactory replacement or reonstruction. (including but not limited to all cats of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be dajnetA,e, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation. inspection, testing, replacement and reconstruction; and. if the panics are unable to agree as to the amount or extent thereof, CONTRACTOR may make n claim therefor as provided in Articles 11 and 12. 0V ER 3lgr Slap the Work: 13.M If the Work is defective, or COMRACTOR fails to supply sufficient skilled workers or suitable materials or equipmem, or fads to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRAC.I'OR to stop the Work, or any portion thereof, umii the cause for such order has been eltrmnated; however. this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACrOR or any surety or other party. Ca",ectfon or Ramat ofDefecave Work: 13.11- It required by RNGINTEER. CONTRACTOR shall Promptly, as directed, either correct all defective Work, whether or not fabricated installed or completed or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR dull pay all claims, costs. Imms, and damages caused by or resulting frown such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. C affection Period' 13.12T if withinoroyear two years after the date of Substantial Completion or such longer period of time as may be prescribed by, Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Workis found to be rkfecnve, CONTRACTOR shall promptly, without cast to OWNER and in accordance with OW'NER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrtmt. If CONTRACTOR does not promptly comply with the terms of such ineuttctions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12:2.In special circumstances where a {articular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run froom an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3, Where defective Work (and damage to other 6tt.', 2$ IXOfiNTRALCONCMOM 191"(1"06dticu) w1 U Y OF BORT CO1.1 NS MOOMCNrIO-AS (RhV C2000) Work resulting therefrom) has been corrected. removed or replaced under this paragraph 1 3.1'_. the correction period hercunckr with respect to such Work will be extended for an additiomtl period of care -year tivo vicars after such ewre Lion or removal and replacement has been satisfactorily completed. I cceptance of Defective Work: 13,13, If unread of requiring correction or remoN al and replacement of tkf citiv Work. OW'NTR (and. prior to ENOTNEER's recommendation of final payment also IiNe31,N}:l:R; prefers to accept it, OWNER may do so. CONTRACT OR shall pay all elaans. costs, losses Ural damages attributable to OWNFR's evaluation of and dctcrmmatinn to acee}>< such d� festive W� ork {arch taus in be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to E.NGINE1iR's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. and OWNER. shall he entitled to an appropriate decrease in the Contract prig., and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in .Article 1 E. If the acceptance occurs after such recommendation, an appropriate amowm will lw paid by CON"rR.A(7OR to OWNER Ott NER May Correct Defective Work: 13.14 If CO7N'i'RACTOR fails within a rrasoxable time after written notice from fiNGIN1iER to correct defective Weak or to remove and replace ejected Work as required le, F,'NWNf ER in accordance with paragraph 1.3A 1. or if CONTRACTOR rails to perform the Work in accordance with the Cemiact Documents, or if CONTRACTOR fails to amtfily with any other provision of the Contract Documents. (AN -NOR may. after seven days' written notice to CONTRACTOR, correct and remedy any such defncictnoy. In exercising the rights and remedies under this paragraph OWNER shill proceed etpediiiously In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site; take possession of all or Inn of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's loafs, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONURACI'OR but which are stored elsewhere. CONTRACTOR stall allow OWNER OWN Mi s representatives agents and empployces, OWNER's other contractors and ENGINME R aid EN-MMER's Consultants access to the site to viable OWNER to exercise the rights aril remedies under this pamt�raph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against C•ONR'RACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties arc unable to agree as to the amount thereof. OWNER may make a clams therefor as provided in Article 11. such claims, casts, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal a replacement of CONTRACI'OR's defeclwe Work CONTRACTOR shall riot be allowed an exaerisiot of the Contract Times is Milestones) because of an)' delay in performance of the Work attributable to the exercise by 0"NZ ER of OWNLR's rights and remedies hereunder .ARTICLE 14—PAIAIENTS TO CONTRACTOR AND CONIPLETiON .Schedule of Ibuterr 14.1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on ne,n utnt of I hit Price Work will he based on the number of units completed . Applieation for Progress Payment 14.2 At least twenty days before the &ie established for each progress payment (but not more often than once a moth). CONTRACTOR shall submit to ENGL^IC•ER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not incor}nrmod in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNTIR hat received the materials and equipment Gee and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other atrangements to protect OWNER'S interest therein, all of which will be c+4sfacmry to OWNER. The amount of rcurinage with respect to progress payments will are as stipulated in the Agreement. Any._fun& that art wid*wl by the OWNER shall )tot be subiecx to substitution by the CONTRACTOR w�ih secgnuws or _any prim gements rrwdyirts u escTc»y_cx cvslodianshrp.,, BymeYecutirtg, thg_app�caiitrn for�yment form the CONTRACTOR extxessly waives his right to the benefits of Colcasdo Revtsui Statutes ,Section 24-91-101, el sea. COATR4CTOR's Warraaty of Title: 14.3. CONTRACTOR warrants aril guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Reriew ofApplicauons far Progress Payment 14.4. ENGINEER will, v6idun ten days after receipt of each Application for Payment, either indicate in writing a Ed4OC. 9EN'HR.AL COND1T10M 1910-3 tt990 E(Mim) sir CITY OF FORT COLLIM MODIFI CATIONS (REV •I1.7000) recommendation of payment and present tare Application to OWNER, cr return the Application to CONTRACTOR indicatur, in writing ENGINTTEEK's reasons for refusing to recommend payment. In the laiwr case, CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after presentation of the Application for Payment to OWNER with EN371NI-116 rec:ommendaliom the amoum recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid IA OWNF,R to CONTRACTOR 14.5, kNG1NEER's recommendation of any pinment requested in an Applioation for Payment will constitute a representation by ENGINEER to OWNER. Faced on ENCINEER's on -me otuenations of the executed Work us an experienced and qualified design professional and on 14MINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of F.NG1NBF,Ws knowledge, information and belief 145 1 the Work has progressed to the point indicated 14.52. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit price Work under paragraph 9.i0, and to any other qualifications staled in the recommendation), and 14.53, the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEERS responsibility to observe the Work However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) e.�chaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to LNGiNEER in the Contract Documents or {n) that that may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additiomlly by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6 ENGINEEiis recommendation of any payment, including final payment, shaft not mean that ENGINEER is responsible for CONTRACTORS means, methods, uclmiqum sequences or procedures of construction or the safatp tic auttors and caXrngrarrls incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any faihmt of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 14.7. F:NG1N) rER may refuse to recommend the whole or airy pan of any payment if, in 1 NOMITEERs opinion it would he incorrect to make the representations to 29 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security 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 other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 12/03 Section 00100 Page 3 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered eyidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as my IV necessary in ENGI.NFER's opinion to protect OLc'NHR from loss Ixxause. 14.7.1. the Work is tigfectrye, or completed Work has been damaged requiring correction or replacement. 14.7.:, the Contract Rice has been reduced by 1%ritten Amendment o Change Order, 14.7.3. OWNER has been required to axrect dzfectrve Work or complete Work to accordance with paragraph 13.14,or 14,7.4. ENGINEER has actual knowledge of the occurrence of any of the events cnumerated in paragraphs 15.2.1 through 15 2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because 14 7.5, claims have been made against OWNER car account of CONTRA(11'OR's performance or furnishing of the Work, 14.7.6, Liens have been filed in connection with the Work, except where COhTRACi`OR has delivered a spceific Fond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14 7 7- there are other items entitling OWNER to a set- off' agaest the amount recommended, or 147.8, OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.73 or paragraphs 15'- i through 1 ; 2 4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to FNGTNEF,R) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to O\NNEWs satisfaction the reasons for such action Sub.Vandul compledrm: 14.If. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify, OWNER and ENGTNI ER in writing that the entire Work is substantially complete (cmxpt for items specifically listed by CONTRACTOR as incomplete) and request that ENGINTER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the W'ak to determine the status of completion. If ENGINEER des not consider the Wok substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor- If ENGINEER 30 WDC UYNERAL CONDITIONS 1910.8 (W-Ki d imi wi can OF FORT CIOU s moDimeATToNS(REA, arzoaol considers the Work substantially complete, UNGLNEER will Prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall 8N the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or anrected before tiratl payment_ OW'N1iR shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. EMNEER concludes that the Work is mot substantially complete. ENCNETR will within fourteen days after submission of the tentative certificate to OWNER notify CO NTRAC'FOR in writing stating the txasons therefor. If. alter consideration of OWNER's objectom IANGINEI-N considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected reflecting such changes from the tentative certificate as ENGINEER believes justifier{ after consideration of any objections from OWNER. Al the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and (A NTRACTOR a wnuen recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guaramees. Unless OW'N'ER and CONTRACTOR aWee otherwise in writing, and so inform ENGIN1ER in wnting prior to ENGIVERR's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Amdol (A@radon: 1410. Use by OWNER at OWNFR's optrcm of any substantially completed part of the Work, which: 0) has specifically been identified in the Contract Documents, or (n)OWNER, E4GINUT3R and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without sigrtific'ant interferatee with CONTRACTOR's performance of the remainder of the Wale, may be accomPplisfit! prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNF,R at any time may request CONTRACTOR in writing to permit OWNER to use any such port of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such pert of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such Part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and EvGIN'EER in writing that CONTRACTOR considers any such part of the Wort: ready for its iri ended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time alter either such request. OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to Ix substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor_ If ENGINPHR considers that part of die Work to be substantially complete. the provision of pemgaphs 14 S and 14.9 will eTly with respect to certification of Substantial Completion of that part oT the Work and the division of responsibility in respect thereof and access thereto. 14.10 2. No occupancy or separate operation of par[ of the Work will be accomplished prior to conplishce with the requirements of paragraph 5.15 in respect of property insurance. Final lnspecdon: 14.11 Upmt written notice from CONTRAc-rOR that the entire Work set an agreed portion thereof is complete, ENGIrNWEt will make a final inspection with OWNER and CONTRACTOR and will ramify CONTRACTOR in writing of all particulars in which this inspection reveals that the Wait is incomplete or defective. CONTRACTOR starll immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Application for A tvnent; 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in amewdame with the Contract Documents all maintenance and operating insmtctions. schedules. guaramees, Bonds, certificates or other evidence of insurance required by paragraph 5 4 certilioates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progresspayments. The faral Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, Including but not limited to the evidence of insurance required by subparagraph 5A.13, (ii) consent of the surety, if any, to (sad payment, and (iii) complete and legally etfedive releases or waivers (satisfactory to OWNER) of all Liars arising; out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be riled, and (ii) all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied if any Subcommctm or Supplier fails Er,E) :OENEM CONDITIONS 1919-9 (19" Edition) sot CITY OF FORT COLLINS MODIFICATIONS (REV 412OW) to furnish such a release or receipt in full. CONTRACTOR may furnish a Bowl or other arllateml satisfactory to OWNER to indemnify OWNI ER against any Lien _Releases or waivers of liens and the consent of the surety to finalize payraem are to N submival on forms cnrrformin to n the format of the MVNFtYJ standard forms bound to the Project,manuatl. Final Payment andAceeptanee.- 1413. II, on the basis of ENGINI,'MR's obxnation of the Work during construction and final inspection, and ENGI:NFSIiR's review of the final Application For payment and accompanying documentation as required try the Contract Documents, ENGINEER is satisfied that the Wmlc has been completed and CONTRACTOR'S other oblitcnttions under the Contract Documents have been fulfilled. ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEIN's recommendation of pa)wcnt and present the Application to OWNER for payment. At the same time HNGfNF.KR will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph T4.15. Otherwise, Ih7v(;LNEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final pa)mcm. in which case CONTRACTOR shall make the necoisary corrections and resulvnit the Application. Thirty days after presenmtfon to OWNER of the Application and aammpanving documentation, in appropriate Form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommend d Ix' ENGINEER will become due and will be paid Irp olkNER to CONTRACTOR .us biect to noranmah 176_? of t General Comditigns. 14.14. If, through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGMER so confirms, OWNER shall, upon rca ipi of CONTRICTOR's final Application for Nyment and recommerrJation of ENGINEER and without terminating the Agreement, make payment of the balance due for that porcimn of the Work fully completed and accepted_ if the remaining balance to be held by OWNER for Work no fully completed or corrected is less than the retainnege stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance We for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application fix such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims, Waiver of Claims: 14.13. The making and acceptance of final payment will constitute: 14.15.1,a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees Specified therein, or from CONTRACTOR:s continuing obli(retiturs under the Contract Documents: and 14.1 '. A waiver of all claims by CONTRACTOR against OWNL'.R other than those previously made in writingand still unseuled. ARTICLE 15--SITSPEtiS10�X OF WORK M 'rE2R11 NAT10tN OW:VM Mr{r Suspend )Park: 15.1. At any time and without cause. MINER may suspend the Work or arty portion thereof for a period of not more than nicety days by notice in writing to CONTRACTOR and ES4(iINF:ER which will fix the date on which Work will be resumed C'OMNAC'YOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an exicnsion of the Contract Times, of both, directly attributable to any mach suspension if CONTRACTOR makes an alryiroved claim dicrefim :is provided in ,'Uncles 11 and 12- OW?bER ,Way Trrminate: 152. Upon the occurrence of any one or more of dw following evcnu 1521 if CONTRACTOR persistently fails io perform the Work in accordance with the Contract Documents (including, but not !united io. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to ilk, progr'css schedule established order poragmp112.9 as ad)u sled fern time to tame pursuant to paragraph 6.6), l 22 if CONTRACTOR disregards Taws or Regulations of any public body having jurisdiction. 15.2.3 if CONTRACTOR disregards the authority of EXI GINEER, or 15.2.4_ it CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Doctunenms: OAA NER may, after giving COMMACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CON'TRACTOR's tools, appliancm construction equipment and maehirvety at the site and use the same in the full extent they could be used by CONTRACTOR (without liability to CONTRA(-I'(.)R for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E)CDCOE,Nh'RAL OONIATIONS 1910.811990 Udiiair 32 w1(7rvOFFORT COLLINS `t+xxrlcATION.,MIA' Q000) CONTRACTOR but which are stexed elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be erAitled to receive any further payment until the Work is finished If the unpaid balance of the Contact Price exceeds all claim& cost& losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims. costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay, the difference to OWNER. Such claims. cents. losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved la• ENGINEER incorporated in a Charge Order, provided t6t when exercising any rights or remedies tender this paragraph OWNER shalt not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACCOR's services have been so terminated by OWNER, the termulatinin will no affect any tights or remedies of OWNER against CONTRACTOR then existing or which may dxteafter accme. Any retention or payment of moneys due CONTRACTOR by OWNI-X will not release CONTRACTOR from liability. 15A. Upon seven days written notice to CONTRACTOR and ENGINF.13R, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate dw jVeement. In such care. CONTRACTOR shall be paid (without duplication of any items): 15.4.1, for completed and acceptable Work executed in accordance with the Contract Documents prior to die effective date of termination, including fair and reasonable sums for ovedxad and profit on such Work., IS.4.2 for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as rupired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15A3, for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subecaltradots, Suppliers and others', and 15 4.4. for reasonable expenses directly attributable to termination.. CONTRACTOR shiill not be plaid on account of Inns of anticipated profits or revenue or other economic loss griming out of or resulting, from such termination. COATX ICTOR May Mop Work or Termfeare.' 15.5. If through no ad or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGMER fails to act on any Application for Payment within thirty clays after it is sulttnmod or OWNER Inits for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days' written notice to OW"eTR and 5-NGINF,ER. anti provided OWNER of ENGINEER do not remedy such suspension or failure within that time. terrnimate the Agreement and recover from OWNER payment on the same terms as provided in lraragrnph IS4_ In lieu of terminating the Agreement and without prejudice to any other right or remedy, if U: GLNEER has failed to act on an Application for payment within thirty days after it is subrttitted. or OWNER has faded for thirty days to pay CONTRACTOR any sum finally determined to be due_ CONTRACTOR may upon seven days written notice to OWNER and FNGLNk.Ek stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 155 me not intended to preclude CC'NTRACIOR from making claim under Articles i 1 and 12 for an increase in Comract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'% stopping Work as permitted by this paragraph. ARTICLE 14—DISPUTE RBOLUTION If and to the extent that OWNER and coNTRACfOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution metK-Al and procedure, if anv. shall be as set forth in Exhibit(;( —A, Dispute Resolution Agreement", to be attached hereto and made a pan hereof. If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs, 9.10, 911 aril 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations at respect of any dispute. ARTICLE 17-1111SCELLANEOUS Giving Nonce: 17A Whenever any prtsvision of the Contract Documents requires the giving of written notice, it will be deemed to lave been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Compufafion of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the Vast day of such period If the last day of any such period falls on a Saturday irSunday e r om a day made a legal holiday by the law of the applicable jurisdiction, such day will he omitted from the computation. 17. 22. A calendar tlav of twenty-four hours measured from midnight W the next midnight will constitute a day Nodee of Claim: 173. 5ixxdd OWT Ili or LY 11']Ti4G'1"Ol2 suffer injury or damage to person or property because of any error. omission cx act of the other party or of any of the colter pmrty's cmployecs or agents or others for whose acts the other party is legally liable. claim will be mate in writing to the other [Arty within a reasonable time of the first observance of such injury u damage. The provisions of this parngrnph 17 3 shall not be oonstrued as a substitute for or a waiver of die provisions of any applicable statute of limitations or repuse.Crmrutaare Remedies: 17.4. The duties and obltgmtwis imposed by these Gcneml Conditiems and the rights and remedies available hereunder to the parties hereto, and. in particular but without limitatran, the wmtranues,. guarantees and obligations imposed upon CONTRACTOR by pnragraphs 6.12. 6.16, 630. 6 31,h 32 13-1, 13.12.13-14, 14-.3 arid 15.2 and all of the rights and remedies available to OXNNFR and ENCrINHF.R thereunder, are in addition to. andare not to he construed many way as a limitation of; any rights and remedies available to aliv or all of them which are otherwise imposed or availabk by Laws or Regulations Iw spacial warranty or guarantee or by otter provisims of the Contract Documents, and the provisions of this paragraph will he as elective as if repeated %Tiocifically in the Contract Documents in connection with each particular duty, obligation right and remedy to which they apply Professional k res and (Amur C ovty Included 17.i Whenever reference is made to "claims, costs, lasses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.0The laivs of the State of Colorado apply:lo.lhis 'lgremtmt_ Reference to_two perunent,Colora510 1=04tes are as follows 17.6 2 I;C a claim is 61 Uli tiE is required In, IAAiS RS 3S-2tr_I U7) to withhold from allpevtt erns to CONTRACTOR sufficient fund-s to insure the paynrettt_of. ant c4•toms for latent _materials tam hire sustenance, pntvisiats, auvender. or other $upo3ies used or consumed by CON TRACTOR or his EJCDC OENTRAL COND1710&s 19194 C1990 EStiml 33 wICr7Y OF FORT COLUM MODIFiCA1 ONS dt6'V 4(200( ) 3-0 EK7DCMq,AAL WNDMONS 191"S 199OESIiw} w1 MY OF FORT COLLINS MOOINCATION5 (M 412WO) CThm Page lets hlank intentionally.) EJCDC(1E".ALCOMA-nONS 1910-911990E66m) 35 WCITY OFFORiCOLUM MODIMCA77oN$ OtEV4R0001 EJCMOENE'RAL CONIMTIONS 191" (1996 E6dm) 16 WI CITY OF FORT COLUNS AIODIFICA'17ONS (R" 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Behveen OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMEINT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Comma between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in yuestion between OWNER and CONTRACTOR mi5ml; out of or relating to the Contract Documents or the breach thereof (except for claims which have been.waived try the making or acceptance of final payment as provided by paragraph 14.15) will he decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will he specifically enforceable under the prevailing law of any court havi%jurtsdictiot 16 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (h) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by FNGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which E1NrGIINUUM has rendered a written decision in respect thereof in accordance with paragraph 9. 11: and the failure to demand arbitration within said thirly days' period will result in ENGE3EER's decision being final and binding upon ON'NM and CONTRACTOR If ENGINEER renden a decision after arbitration proceedings have been initiated, such decision may he entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties corawned. No demand for arbitration of arty written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10- 16.3. Notice of the demand for arbaration will be filed in writing with the other putty to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shalt any such demand be made after the date when institution of legal or equitable proceedings bused on such claim, dispute or other matter in question would be barred by the applicable statute of limitations VCDC (}h7NTMAL CONDITIONS 1910.311990 BA(m) w( CITY OF FORT COLLINS MODIFICATIONS 1RF_V 9�99n 164. Except as provided in paragraph 16.5 helots% no arbitration arising out of or relating to the Comfit Documents shall include by consolidation. xL joinder or in any other manner any other person or entity (including LNGMTEfiR. ENGDrER's Consultant and the officers directors, agents. employees or consultants of any of them) .who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2 such other person or entity is sulxtantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and MA3. the written comscm of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this pmmgraph; but no such consent shall constimre,consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 165. Notwithstanding paragraph 164, if a claim, dispartc or other matter in question between Ott'NFR and CONTRACTOR involves the hock of a Subcotractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACI'OR shall include in all subcontracts required by paragraph 6.11 a specific provision whercby the Subcontractor consents to being joined in an arbitration between OWNER and CO\ITRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16_5 nor in the provision of such subcontract consenting to joinder shall ormte any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGIN E;ER's Consultants that does not otherwise exist 16.6 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof: and it will not be subject to modification or appeal. 16.7_ OWNER and CONTRACTOR agree that they shall rust submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes",l, ks mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16 6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. aC-AI F7CDC GFNERIV, CONUITION.9 1910-8 (1990 F61im) w" C TY OF FORT COLLINS MODIFICATIONS (REV 9194) M-,41 SE SECTION 00800 SUPPLEMENTARY CONDITIONS 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices 12/03 Section 00100 Page 4 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Investigation Rolland Moore Park Bridge Fort Collins, Colorado CTL Thompson Project No. FC03551-130-L2 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 7/96 Section 00800 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section nn9tin APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 9/997/96 Section 00960 Page 1 $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 No Text on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume 12/03 Section 00100 Page 5 full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a 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. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12/03 Section 00100 Page 6 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. 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 the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 12/03 Section 00100 Page 7 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT:6019 Community Parks Sidewalks Place 215 North Mason St. Fort Collins, CO Date January 10, 2007 1. In compliance with your Invitation to Bid dated 12 6 06 and subject to all conditions thereof, the undersigned a (Corporation, tbQbklNlaVtldhld, or $�Xbi/�E�15E�b,Eb/r) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Five percent (57) of the total amount of the bid ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 9. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Travelers Casualty and Surety Company of America 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 5 7/96 Section 00300 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT BID SCHEDULE (Base Bid) Bid Items are described in Section 01800 • BID ITEM # DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ITEM TOTAL 01 Mobilization 1 LS 1,00;2,3q].06 02 Traffic control 1 LS cc ec CITY PARK 03 Remove curb and gutter 50 LF 04 Remove conc. walk/ramp 60 SF "M7j 00 05 Earthwork - Unclassified Excavation 45 Cy q sK oo 06 5" Concrete flatwork 3,510 SF y G$ 4J$ ec 07 ADA Pedestrian ramps 3 Ea (� al 04 08 Sod replacement 2,344 ' SF ►1 ' p0 LEE MARTINEZ PARK 09 Remove curb and gutter 16 LF 115 ,00 10 Earthwork - Unclassified Excavation 116 Cy b,-n q o 0 11 4" irrigation sleeve 3 Ea (09 12 5" Concrete flatwork 6,420 SF 13 14 ADA Pedestrian ramps Sod replacement 1 4,280 Ea SF 7oa 0,(gp 00 °C EDORAPARK 15 Remove curb and gutter 40 LF 522,60 16 Remove and relocate existing frisbee golf tee 2 Ea yJjq2.00 17 Earthwork - Unclassified Excavation 130 CY 16.77 Q, goo 18 4" irrigation sleeve 4 Ea 30 135.0v 19 1 5" Concrete flatwork 7,122 SF qjsoe 20 ADA Pedestrian ramps 2 Ea 9 9 q *34 00 21 Sod replacement 4,715 SF 0,44 ROLLAND MOORE PARK 22 Remove curb and gutter 48 LF C'" 23 Remove existing tree 1 Ea ? 0C i � .6" 24 Earthwork - Unclassified Excavation 232 Cy �75 E0 25 4" irrigation sleeve 3 Ea 6Q cc 26 5" Concrete flatwork 12,900 SF i q cC 27 ADA Pedestrian ramps 2 Ea 9 eo 7/96 Section 00300 Page 2 BID ITEM # DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ITEM TOTAL 28 Sod replacement 8,600 SF (),(AS %4843.0 29 Remove existing walk 1,620 SF 1416 2 cJ 110 30 Remove & transport existing 35' bridge to storage and 1 LS c0� ec 162-21 31 Remove existing curb and gutter 90 LF 20 -ec 32 Earthwork - Excavation & Embankment 150 CY L C` 33 Earthwork - Import Embankment C.I.P. 1,592 CY Q1<10 ea 34 Ped. Bridge Abutment w/ Helix pier system 2 Ea 2 q2 ee 35 60' Pedestrian Bridge Installation 1 Ea ccIq5q,co 36 8" PVC Culvert 172 LF ac 1. 37 Culvert Headwall 2 Ea 7(o6, 33 38 Concrete channel and sidewalk culvert - 2' wide 2 Ea 2137,101 4 qj 5.6c 39 4' Pan and Aprons 350 SF `t0 y bo 40 ADA Pedestrian ramps 5 Ea 9 41 oc 41 Curb and gutter w/ 1' pan 750 LF 23 sec 42 5" Concrete flatwork 6,304 SF 22 0 .� 43 6" Concrete flatwork - pad 20' x 24' 480 SF 59 645, ar. 44 6" Concrete Pavement - Parking Lot 13,500 SF ?: 3C 00 45 Asphalt Patching 600 SF (y 991 :� 0 # 00 46 Topsoil - 4" all nonpaved areas 242 CY 170146 . = o0 47 Non -Irrigated Seed and mulch 21,395 SF 013 i, wS2.00 48 Striping 1 LS 2,002.00 2 2 oc TOTAL OF BASE BID (written) CONSTRUCTION CONCEPTS, INC. 01/10/07 Contractor,, Date Signature Marc Dewey, President 7/96 Section 00300 Page 3 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal,, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMMITTED: / }�� �- Jan. 10, 2007 Signature Marc Dewey Date President Title C1-65 License Number (If Applicable) Weal - if Bid is by corporatio ) Attest.:.' Addres 14125 Mead Street, Longmont, CO 80504 Telephone 970-535-0600 0 7/96 Section 00300 Page 4 A 7f 96 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Section 00410 Page 1 SECTION 00410 BID BOND Construction Concepts, Inc. KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and Travelers Casualty and Surety Company of America as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $Five percent (5%) of the total amount of the bicfor the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6019 Community Parks Sidewalks. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agfeed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 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. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 3rd day of January , 2007, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Construction Concepts, Inc. Address: 14125 Mead Street Longmo t, CO 80 4 By: Marc Dewey Title: President ATTEST: By; (SEpAL).. SURETY Travelers Casualty and Surety Company of America Hartford, CT 06183 By: Title:. (SEAL) 7/96 Section 00410 Page 3 ti TRAVELERS POWER OF ATTORNEY Attorney -In Fact No. 217963 Farmington Casualty Company ' Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001287683 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Connie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley , State of Colorado , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their usitess o uaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing of guaranteeing bonds and undertakings required or peRj&Win ar ens o,IVWeedings allowed by law. IN WITNESS WHEREOF, the Compaaies have caused this day of November 2W6 11� Q`C� !rh seals to be hereto affixed, this Farmington CasualtyS;$Un11d�e;;Mn, fppV Q�l f St Paul Guardian Insurance Company Fidelity and Guaranty�p�l" St. Paul Mercury Insurance Company Fidelity and Guaranty Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America e(i' "I Ile St. PaRvIr'e and Marine Insurance Company United States Fidelity and Guaranty Company }•.; �,J .,�� � y7 j 27�r ''s a�eN yxf��� �,�.M�V9 ��isd'r "no�� �,pw4i� �'W7 ;�•r;,,, i9Jt a�. � �`SEAL� SSRL} (e �w�.� nr:::Yw �i• stereo n ,yr By: City of Hat ard ss. Georg Thompson, Hier roc President On this the 6th dap of November 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Pant Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my hand and official seal. ' Taf1 &A;A C V `mil My Commission expires the 30th day of June, 2011. * �f/�110 * Marie C. Tetreault, Notary Public 68W-8.06 Pdnted In U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farrington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurancg Company St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S� I&pan eri d United States Fidelity and Guaranty Company dp hereby certify that the above and foregoing is a true and correct copy of the Powered me b aampanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand �o"of a es this 3rd day of January 20Q7 . 4,4� N Koh M. Johan Assistant Secretary � � � ' o�*a �Mr`� �tt�y� �O^'M'e M'► �{Bdn'Atb � � •`� � ��� 1 �CENEa� wo �•�}S Ads �Y� a �•`•i � ��„/� �� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. Earthwork/Excavation Flatwork SUBCONTRACTOR C & J Trenching Willmark Enterprises 7/96 Section 00430 Page 1 CTY OF FORT COLLINS PURCHASING DIVISION 215 North Mason Street 2nd Floor FORT COLLINS, CO 80522-0580 COMMUNITY PARKS SIDEWALKS BID NO: 6019 Presented By: CONSTRUCTION CONCII'TS, INC. 14125 MEAD STREET LONGMONT, COLORADO 80504 (970)-535-0600 A COLORADO CORPORATION Est 1991 Marc Dewey President CITY OF FORT COLLINS BIDDERS QUALIFICATIONS PROJECT HISTORY COMPANY RESUMES LICENSING & INSURANCE FINANCIAL & BONDING SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 I I z� �l SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: CONSTRUCTION CONCEPTS, INC. 2. Permanent main office address: 14125 Mead Street, Longmont, CO 80504 3. When organized: July 1991 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contxacting business under your present firm or trade name? Fifteen (15) 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Wellstar Corp. 490,409.00 Feb. 2007 North Pointe Retail 730,000. Apr. 2007 Boulder Scientific -Pre-construction Services T & M 7. General character of Work performed by your company: General Contractor/Construction Management 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? -N/A _ 9. Have your ever defaulted on a contract? If so, where and why? N/A 10. Are you debarred by any government agency? If yes list agency name. N/A ©mv: Section 00420 Page 1 I 11. List the more important projects recently completed by your company, ` stating the approximate cost of each, and the month and year completed, location and type of construction. City of Greeley GTV-8 Television Studio $176,000 Sep. 06 919 7th St -Greeley CSU Diagnostics Lab $ 414,000 Oct 06 400 W Dr ke Ft Collins adds ionJremodeI Agra Holdings $886.000., May 06 Business ark Cirlep Frodprick GO New construction Platteville Museum, $454,000. Aug. 06 502 Marion St. Platteville CO remodel/additic 12. List your major equipment available for this contract. Construction Concepts, Inc. owns, or has access to any and all equipment necessary to complete the scope of work requested for this project. 13. Experience in construction Work similar in importance to this project: see attached company brochure. .J 14. Background and experience of the principal members of your organization, including officers: See attached 15. Credit available: $ Financial statement ayailable:nnnhre uest. 16. Bank reference: Centennial Bank of the West Mel Green, Del Camino President 720-494-2210 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? ieb 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? Colorado What class, license and numbers? We hold numerous contractor licenses, our Fort Collins License number is C1-65. 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 80% and to whom? Concrete, excavating and landscape contractors we have had oneoing relationships with for numerous years. 20. Are any lawsuits pending against you or your firm at this time'No IF yes, DETAIL N/A 7/96 r Section 00420 Page 2 0 I w I J hi 3 21. What are the limits of your public liability? DETAIL See attached what company? See attached Linden Bartels & Noe Insurance 22. What are your company's bonding limitations? we have never been denied anv bond reauests V 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Longmont Colorado this 1_ day of ,Tar»ar3 , 200,3. CONSTRUCTION CONCEPTS, INC- Name �BIi-dder n By: Marc Dewey Title: President State of Colorado County of Weld Marc Dewey being duly sworn deposes and says that he is President of Construction Concepts, Inc. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 10th January 2097- Notary Pu My commission expires 7/96 day of Y DAWN J. KESTERKE Section 00420 Page 3 Y Jobs In Progress Name of Project Owner/Architect Contract Percent Contract PM/Super Amount Complete Type Colorado State Univ. Diagnostics Offices Ball Dynamics Warehouse GTV-8 Television Studio North Pointe Retail Center Pre Construction Boulder Scientific/Hudson Facility Note: Trades performed by Construction Concepts, Inc. averages 3040% MD= Marc Dewey DG= Dan Grelle MM=Mike Murray SS=Scott Solem State of Coloradq/CSU 413,885 100% Fixed Price SS/DS Bid Wellstar Corporation/Freeman Architects 490,409 50% Negotiated MM/DW City of Greeley/City of Greeley 162,000 100% Fixed Price S!YDS Bid MGD land 870,000 20% Negotiated MM/BB Boulder Scientific DS= Daee Swinney BB= Brad Betschowa DW=Dale Wellmon Negotiated DG/MD Prep. November 2006 Completed Projects - 2006 Contract Percent Contract PM/Super Name of Project Owner/Architect Amount Complete Type Evans Fire Station #2 Platteville Museum Remodel/Addition Mile High Harley Davidson MadCap Theater complex Arkansas Valley Seed Expansion Agra Holdings Office Building Mad Cap Theater, T1 Kum & Go Station # 910 City of Evans/Landmark Engineering Platteville Historical Society/Hauser Architects Ray Cooper/MN2 Architecture WestCol Center, LLC/MCG Architecture Land O Lakes/Research Seed/Design Build Lanning & Co. LLC/Landmark Engineering Ron Fallaci/MCG Architecture Kum & Go Corporation/Shiffier Associates Note: Trades performed by Construction Concepts, Inc. averages 30-40% SS=Scott Solem DS= Dave Swinney MD= Marc Dewey BB= Brad Betschowa DG= Dan Grelle DW=Dale Wellmon MM= Mike Murray 1,124,271 100% Fixed Price SS/DS Bid 449,714 100% Fixed Price SS/DW Bid 567,000 100% Negotiated DG/BB 660,564 100% Negotiated MD 969,137 100% Negotiated MD/DW 915,513 1000/0 Negotiated MD/BB 321,956 1000/0 Negotiated MD 315,356 1000/0 Negotiated SS/DS �'� [''°"� •►—� •ti-•— ••.�.• 4- —, .r--'gyp �.--, .. - � � .. - �. .� _ .'.: i` - -- Completed Projects - 2005 Contract Percent Contract PM/Super Name of Project Owner/Architect Amount Complete Type North Pointe MGD Land Summer Park Village MGD Land Omni Interlocken Spa/outdoor Pavilion Omni Group/Zmistowski Design Group, LLC Lionsgate Properties/Historical Renovation Tom Jenkinson/Architectural Partnership Rawhide Fire Training Facility Platte River Power Authority/WHP AHEC - Miscellaneous TI Projects Auraria Higher Education Highland Hills Golf Course Addition City of Greeley FRCC- Ventilation Upgrade Front Range Community College Lawrenson Hall Fire Protection Upgrade University of Northern Colorado Olson Storage 19480, LLC/ Design Build South Adams County Fire Training Facility South Adams County Fire Protection Dist/ WHP Transit Center Glass Block Replacement City of Greeley Lawrence Center 9th Floor Remodel University of Colorado Health Sciences Ctr. Note: Trades performed by Construction Concepts, Inc. averages 30-40% BB= Brad Bakel DS= Dave Swinney MD= Marc Dewey BB= Brad Betschowa SC= Steve Clay DG= Dan Grelie RF= Richard Fagre DW=Dale Wellmon SS=Scott Solem 506,385 100% Negotiated MD/DG 1,175,241 100% Negotiated MD/DG 2,518,&% 100% Fixed Price BB/DW Bid 328,075 100% Negotiated RF/DS 107,500 100% Fixed Price MD/DS Bid 598,518 100% Standing BB/SC Order 71,384 100% Fixed Price RF/BB Bid 314,164 100% Fixed Price RF/DS Bid 1,504,183 100% Fixed Price RF/BB Bid 143,260 100% Negotiated MD/DS 277,436 100% Fixed Price BB/DS Bid 173,667 100% Fixed Price RF/BB 157,824 100% Fixed Price BB/SC Bid Prep. Dec. 2005 r`0 � �7 ^ F. fir+-°-+ `r+� P"� w1', P. � .+..�. ...� Completed Projects - 2004 Contract Percent Scheduled Contract PM/Super Name of Project Owner/Architect Amount Complete Completion Type Greeley Police Evidence Storage North Washington Fire Station 33 North Washington Fire Station Maint. Blue River Tenant Finish AHEC - Miscellaneous TI Projects Jenkinson Tenant Finish Seven Oaks Academy - Fort Collins Frito-Lay - Colorado SpringsfrI Ft. Lupton Fire Training Facility North Washington Station #31 North Washington Station #32 City of Greeley/City of Greeley 47,974 100% Feb-04 Fixed Price RF/DS Bid NWFPD/Scudder & Associates 472,189 100% May-04 Fixed Price BB/SC Bid NWFPD/Scudder & Associates 1,558,891 100% May-04 Fixed Price BB/SC Bid Poudre Investments/Hillhouse Assoc. 294,375 100% Jun-04 Negotiated RF/DS Auraria Higher Education 800,000 100% Dec-04 Standing MD/SC Order Jenkinson/Hillhouse Assoc. 297,288 100% Jun-04 Negotiated RF/DS Larry Neal/Hillhouse Assoc. 1,080,795 100% Sep-04 Negotiated RE/CH Frito-Lay/Con-Real 1,605,681 100% Jul-04 Negotiated RF/DG Ft. Lupton Fire/WHP Enterprises 99,407 100% Jun-04 Negotiated MD NWFPD/Scudder & Associates 569,706 100% Nov-04 Fixed Price MD/SC Bid NWFPD/Scudder & Associates 378,773 100% Dec-04 Fixed Price MD/SC Bid Note: Trades performed by own forces averages 30-40% BB-- Brad Bakel DS= Dave Swinney MD= Marc Dewey SC= Steve Clay RF= Richard Fagre DG=Dan Grelle Prepared Dec 2004 7 MARC W. DEWEY PRESIDENT 30 Years Experience 'Construction Concepts, . Designing and Building the Future JOB DESCRIPTION `1 As President, Marc oversees all departments of Construction Concepts, Inc. He is active daily insuring that his construction and business philosophies of integrity and professionalism are practiced throughout the company. He often is a team member on select projects and contributes valuable expertise enhancing the construction programs. PROJECT EXPERIENCE {PARTIAL LIST) • Stanford Applied Engineering -Boulder, CO $1,500,000 • Staodynamics-Longmont, CO $ 2,200,000 • Longmont United Hospital Longmont, CO $ 2 700,000 • Ball Aerospace- Boulder, Broomfield, Westminster, CO $ 5,000,000 • Storage Tek-Louisville, CO $ 9,000,000 • Custom Homes- Colorado Front Range $31,000,000 • Valley 66 office/warehouse-Longmont, CO $1,600,000 Seven Oaks Academy -Ft. Collins, Loveland, Westminster, Longmont, CO $ 4,900,000 Star Precision, Inc. -Frederick, CO $ 4,700,000 • Colorado State University- Fort Collins, CO $ 2,500,000 • First National Bank -Wellington, CO $1,000,000 • Erie Office Complex Erie, CO $1,000,000 • Gunbarrel Offices -Boulder, CO $1,500,000 • City of Evans Parks & Recreation, Evans, CO $ 2,000,000 J EDUCATION Colorado State University, Fort Collins CO - Construction Management B.S. Association of General Contractors of Colorado -Annual Construction Conference, Project Management - t Training, Supervisory Training, Code Review, Best Management Practices, OSHA Safety and industry code studies. WORK HISTORY 1990- Present Construction Concepts, Inc. President 1987-1990 Sun Construction, CO Project Manager 1978-1987 Fagre Construction, Company Project Manager 1973-0974 Winter Park Association Lift Construction 1971-1973 Bartram Homes Frame Supervisor REFERENCES Bill Lanning Larry Neal Tony Bosch Lanning & Company Seven Oaks Academy Heritage Ford Owner Owner Service Manager Boulder, CO 80301 Fort Collins, CO Fort Collins, CO 303-530-9944 970-229-0300 970-667-2220 14125 Mead Street • Longmont, Colorado 80504 • 970-535-06M • Far970-535-0299 • constconcertsinacom I I J C nstruction cepts,.. and Building the Future SCOTT A. SOLEM SENIOR PROJECT MANAGER 28 Years Experience JOB DECSRIPTION As Senior Project Manager, Scott is in charge of operations, cost tracking, and value engineering, short and long range planning, overseeing every aspect of each project. Scott brings not only extensive knowledge of the construction trade, but leadership, problem solving, vision, and resource management. Scott as Owner/President of his own company for 8 years understands fair business practice and focus on the bottom line. Scotts traits and attributes include highly motivated, creative thinker, detail and quality oriented, "Get it Done" attitude, and firm but fair demeanor. PROJECT EXPERIENCE • Waste Water Treatment Plant $3.4 M • Gas Tank Removal and Site Reclamation $2 M • 10,000 SF Clean room renovation $1.6M • Advance Cruise Missile fit up $600,000 • TFTH Clean Room $2.1M • 550,000 SF remodel consisting of 32 subset projects $22M • Modification of existing primary/secondary chilled water distribution System in an operating DASD factory $260,000 • Bldg 1 Office/Lab/Classroom HVAC upgrade $575,000 • Bldg 3/5 Fire main repairs $400,000 • 911 UPS backup system upgrade $60,000 Collision Technology Canopy $381,000 EDUCATION 1980 Graduate Carpio High School Carpio ND I1CRC Certified Substrate Inspection & Technologies WORK HISTORY 1998 - 2006 Owner/ President, Minnkota Contracting, Inc. 1997 -1998 Construction Project Manager, Integrated Planning & Engineering 1990-1997 Facilities Project Manager, Storage Technology Corporation 1984 -1990 Carpenter/ Superintendent, Sun Construction, Inc. 1987-1988 Carpenter, Groathouse Construction 1977-1984 Various Construction Companies in and around Minot North Dakota Presented upon request 14125 Mead Street • Longmont, Colorado 80504 • 970-535-WO • Fax970-535-0299 • coostconceptsinc.com Construction Concepts,. Designing and Building the Future DAN GRELLE MARKETING/DE VELOPMENT *]; 17 Years Experience As Vice President, Dan keeps our company on the cutting edge with current information, client public relations, F and project discovery. He facilitates construction with ongoing operations management and also heads up land development and investment projects. Dan has given Construction Concepts, Inc. 14 years of dedicated service and is a long-term asset to the company. PROJECT EXPERIENCE (PARTIAL LIST) • Evans North Pointe Development • Summer Park Development $1,200,000 $1,400,000 • Lighting Designs & Home Furnishings -Loveland, CO $1,200,000 • Frito Lay Distribution -Colorado Springs, CO $1,800,000 • Palmer Properties -Fort Collins, CO $900,000 • Escape Spa & Salon -Windsor, CO $200,000 • House of Bread -Westminster, CO $150,000 i1 • Crossroads Development -Loveland, CO $170,000 J • Adrenalized Paintball-Fort Collins, CO $20,000 • Open Pen Project NWRC-Fort Collins, CO $16,300,000 • Residential Custom Housing -Northern Colorado $31,000,000 j • Storage Technology Software Engineering -Louisville, CO $280,000 EDUCATION/LICENSING Colorado State University, Fort Collins CO - Construction Management B.S. Association of General Contractors of Colorado -Annual Construction Conference, Project Management Training, Supervisory Training, Code Review, Best Management Practices, OSHA Safety and industry code studies. Dale Carnegie course, Jack Miller Licensed General Contractor- City of Fort Collins, City of Loveland, City of Aurora WORK HISTORY 2006-Present Construction Concepts, Inc. Vice President 1992-2005 Construction Concepts, Inc. Project Manager 1988-1990 Colebank Construction Frame Carpenter REFERENCES Bill Lanning Kaye Firestone Kevin Deyo Lanning & Company Lighting Designs Agilent Owner Owner Sales Manager Boulder, CO 80301 Loveland, CO Fort Collins, CO 303-530-9944 970-593-1101 970-207-0830 14125 Mead Street • Longmont, Colorado s0504 • 970-535-0600 • Fox970-535-0299 • constconceptsinc.com SECTION 00020 INVITATION TO BID Date: December 6, 2006 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 2:00 P.M., our clock, on December 29, 2006, for the Community Parks Sidewalks; BID NO. 6019. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of concrete sidewalks, ADA access ramps, demolition, concrete parking lot, pedestrian bridge and foundations and related site work within four community parks: City Park, Lee Martinez Park, Rolland Moore Park and Edora Park. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available December 7, 2006. A prebid conference and job walk with representatives of prospective Bidders will be held at 215 N. Mason Conference Room 2E, on December 14, 2006, at 10:00 a.m., Fort Collins. 07/2001 Section 00020 Page 1 I I Michael S. Murray PROJECT MANAGER KEY ACCOMPLISHMENTS nstruction Concepts,.. Designing and Building the Future ' ' • Successfully managed the planning, design and construction of 45 projects throughout the continental United States over the last 6 years. The projects consisted of over 300k combined square feet of tenant finish space totaling over $14 million. • 180k square feet of relocation space • 35k square feet of expansion space • 93k square feet of remodel space • Largest project consisted of 25k square feet with a total cost of $1.45M. • 95% of all projects were on schedule and 100% of all projects were within or under budget. SUMMARY OF QUALIFICATIONS Project/Construction Management: • Planned and formulated design alternatives and solutions for construction projects. Reviewed tenant work letter agreements to identify negotiation points and specifications. • Coordinated the production of basic design plans and construction documents. • Reviewed and interpreted proposed designs, architectural drawings, and building specifications for appropriateness to required function and initiated revisions. Ensured that project operations were in compliance with design specifications and with company, state, and federal policies and regulations. • Prepared project specifications and coordinated procurement. • Inspected, approved, and accepted completed projects for the company, ensuring conformance with company standards, building and life safety codes, and architectural/engineering specifications. • Represented the company in business with customers, consultants, contractors, and other public and/or private agencies and organizations. le Financial Management: Provided cost estimates based square foot requirements and/or conceptual plans. Developed and administered project budgets and fiscal controls, contracts, and quality control. • Performed project cost estimating and forecasting. • Authorized the issuance of contracts, purchase orders, and change orders and approved contractor invoices for payment. Resource Utilization • Re -engineered real estate project processes and procedures to increase efficiency. • Day-to-day management of construction projects including but not limited to general contractors, furniture, security. IS and Moving Vendors. • Monitored and coordinated work performed by architectural, engineering, and construction firms, as well as state and local entities. • Established performance and delivery criteria, ensuring that client and company requirements were being met. • Directed work sequencing to expedite project delivery and to minimize disruption. 14125 Mead Street • Longmont, Colorado 80504 • 970-535-06M • Fox970-535-0299 • constconceytsinccom IClient and Vendor Relations: • Managed weekly project status meetings. • Developed project status reports and presentations for all levels of management. _ Advised consultants and clients as how to best achieve required results. EXPERIENCE ALTA COLLEGES INC. Denver, Colorado _ 1 Corporate Real Estate Project Manager November 2005 - Present Construction project management; New and existing Westwood College campuses in North America. STORAGE TECHNOLOGY CORPORATION Louisville, Colorado Construction Project Manager February 2001 - November 2005 La Construction project management; In addition, this position is responsible for managing the client/vendor interactions and decision processes to achieve project plans, schedules and outcomes through functional implementation. Construction Project Administrator April 1992 - February 2001 Construction project administrator; responsible for directing, monitoring and overseeing the operations and administration of assigned projects under the direction of a Construction Project Manager. This included coordinating project activities, resources and other project staff, monitoring the performance and progress against documented objectives, and managing to the established revenue and expense goals. HENSEL PHELPS CONSTRUCTION COMPANY Greeley, Colorado/ Irvine California Project Field Engineer/Office Engineer January 1987 - April 1992 Project field engineer/ office engineer; responsible for field layout control, subcontractor coordination/planning and scheduling, material procurement, quality control, and safety compliance. This position was also responsible for architect/contractor correspondence, shop drawing review and approval, requests for information, document control, and invoice review and approval. Projects of Note: Sheraton Hotel at Torrey Pines, Denver International Airport, Florence Federal Correctional Facility, California State Prison - Corcoran, CA, State Street Mall - Santa Barbara, CA, EDUCATION Colorado State University: Pursued Bachelor of Science in Industrial Construction Management. August 1984 - December 1996 University of Northern Colorado: Pursued Bachelor of Arts in Business. August 1981 - June 1984 Additional Education and Training: • Proficient in Microsoft Office and Microsoft Project • Familiar with AutoCAD 2006 11 lu 'Construction Concepts,.. Designing and Building the Future KIM A. DEWEY CHIEF FINANCIAL OFFICER 29 Years of experience JOB DESCRIPTION As Chief Financial Officer, Kim oversees all financial reporting aspects of the company including accounting, systems related to cost reporting of jobs, operation, budget and cost reviews, bonding and tax management. Kim is directly involved with office management and is actively involved throughout the organization in upgrading systems to meet growth within the company. WORK HISTORY 1991-present Construction Concepts, Inc. 1985-1991 Lanning and Company, CFO 1975-1985 Fagre Construction Co., Office Manager REFERENCES Bill Lanning Lanning and Company Owner Boulder, CO 303-530-9944 Roland Fagre Fagre Construction Co. Former Owner Loveland, CO Available upon request Jim Dye Dye & Whitcomb Owner Fort Collins, CO 970-207-9724 14125 Mead Street • Longmont, Colorado 80504 • 970-535-06M • Fax 970-535-0299 • constconceptsinc com _1 Construction Conce ts, Inc. p Designing and Building the Future F } DAWN KESTERKE -) ACCOUNTANT/ADMINISTRATIVE ASSISTANT 10 years of Experience JOB DESCRIPTION Accountant: Accounts payable, accounts receivable, payroll, payroll taxes, tax reporting, general ledger /job cost balancing, account reconciliation, and job cost analysis, AIA billings, invoice flow, & collections. Maintenance of all credit accounts with suppliers. Administrative assistant: Data entry, Job Set up, lien release management, insurance monitoring, workman's comp claims, OSHA reporting, subcontractor documentation, personnel paperwork, correspondence, proposal preparation, filing and all aspects of office management. Additional duties include employee relations, State forms, State required affiliation renewals and documentation, and all licensing. Her strengths include attention to detail, accuracy driven, professional & courteous corroboration with customers and affiliates. Dawn has a great feel for customer needs and responding to areas of concern as well as the ability to multi task in an ever -changing environment. ' EXPERIENCE I Dawn has been with Construction Concepts, Inc. since 2000; she has been instrumental with C each and every project we have been involved with. She has worked in a support and customer service role for in excess of ten years. Her professional appearance, through J knowledge of everyday activities and longevity are valuable assets. EDUCATION Fall 1999 Series Six Securities and Insurance study y Fall 1994 Real Estate Course Front Range Community College 1989-1990 AIB (American Institute of Banking) Courses 1980-1983 Graduate Mitchell High School- Mitchell, NE WORK HISTORY 2000-present Construction Concepts, Inc. Longmont- Secretarial, Accounting, Office Manager 1995-2000 Coldwell Banker Real Estate -Loveland- Colorado Licensed Real Estate Broker Associate 1993-1995 Coldwell Banker Real Estate -Loveland- Support Staff, Receptionist 1988-1993 Affiliated First National Bank- Loveland- Teller, New Account Rep., Personal Banker REFERENCES Available upon request 14125 Mead Street • Longmont, Colorado 80504 • 970-535-0600 •Far970-535--0299 • constconceptsinccom I u "Construction Concepts,lnc. Designing and Building the Future KAKI L. MANN PROJECT ENGINEER 4 years experience JOB DESCRIPTION As Project Engineer with Construction Concepts, Inc. Kari s duties are Project Management support including estimating, pre -construction documentation, project scheduling, project administration, subcontractor and material procurement, contract administration, project control and documentation, value engineering, and project close out. Strong attributes include the ability to multi -task, successfully coordinate and organize multiple projects, as well as excellent communication with co-workers, clients, and subcontractors. Commitment to excellence is exemplified in thorough client servicing resulting in the highest level of customer satisfaction. PROJECT EXPERIENCE • Colorado State University Diagnostics Office, Fort Collins, CO $ 375,000.00 • Hearts and Horses Therapeutic Sensory Trail & Gardens, Loveland, CO non-profit, all volunteer work EDUCATION ' 2001-2006 Bachelor of Science in Landscape Architecture with a minor in Construction Management Colorado State University 1988-2001 Liberty Grade School and High School, Joes, CO, High School Diploma WORK HISTORY 2006-Present Project Engineer, Construction Concepts, Inc. 2005-2006 Sales Associate, lax Farm and Ranch 2002-2003 Designer for Hearts and Horses Therapeutic Trails and Gardens 1988-present Family Farm and Ranch REFERENCES Available upon request 14125 Mead Street • Longmont, Colorado 80504 • 970-535-06M • Fax970-535-0299 • constconceptsinc com ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID L DATE(MM/DO/YYYY) CONST-1 08 08 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BN Insurance Agency-FC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 614 Oakridge Drive, Unit A. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-229-9304 Fax:970-229-1398 INSURERS AFFORDING COVERAGE NAIC# ISURED INSURER A: EMC Insurance Companies INSURER B: Pinnacol Assurance Construction Concepts Inc. Marc & Kim Dewey 14125 Mead Street Longmont CO 80504 INSURER C: INSURER D: INSURER E: GUV E.RAGflS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JINUM LTR RUD-L INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 3XO-95-53 08/24/06 08/24/07 PREMISES Ea occurence $100000 I CLAIMS MADE FRI OCCUR MED EXP (Any one person) S 5000 PERSONAL & ADV INJURY $ 1000000 X Blanket Addrl Ins CG7482 12-00 / Contractual Liabi GENERALAGGREGATE 5 2000000 CG 00 01 10 01 l % GEN'L AGGREGATE LIMIT APPLIES PER: .a PRODUCTS-COMP/OP AGO i 2000000 '" PRO - 7 POLICY X PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 A ANYAUTO 3XO-95-53 08/24/06 .08/24/07 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) X BODILY INJURY $ HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 X OCCUR CLAIMSMADE 3XO-95-53 08/24/06 08/24/07 AGGREGATE s2,000,000 S S IIA 0DEDUCTIBLE $ X RETENTION $10 000 WORKERS COMPENSATION AND X TORY LIMITS X ER B EMPLOYERLITY 4031745 07/01/06 07/01/07 E.L. EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICERIMEMBER EXCLUDED? If aPEa, describe under SCIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1000000 OTHER A Property Section 3XO-95-53 08/24/06 08/24/07 Leased & 200,000 A Equipment Floate RC ON LEASED & REN D Rented T DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Lie. #C65. 4� CERTIFICATE HOLDER CANCELLATION `i Tyor ,+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN I NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Building & Zoning Dept. PO Box 580/281 N College Ave REPRESENTATIVES. Ft Collins CO 80522-0580 AU REPR T G ACORD 25 (2001108) 1988 ,I s� OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, a CONSTRUCTION CONCEPTS, INC. is a Corporation formed or registered on 07/17/1991 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19911055201 This certificate reflects facts established or disclosed by documents delivered to this office on ` paper through 01/05/2007 that have been posted, and by documents delivered to this office electronically through 01/10/2007 (a, 09:55:03 I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, i authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 01/10/2007 @ 09:55:03 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6673245 Secretary of State of the State of Colorado rsrrrrrrsrrrr♦rrrrrrrsrsrrsrrssrrrrsssr*End of Certificaterrrrrrrsrrssrrrrrrrrrrrrsrrrssrsrsrrsrsr Notice: A certificate issued electronically from the Colorado Secretary ofState's Web site is fully and immediately valid and g0kctive However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, httn'//www sas.state co us/balCertificateSearchCriteria.do entering the certificate's confirmation number displayed on the cernffcate, and following the instructions displayed Confirming the issuance of a certificate is merely otnional and is trot necessary to the valid and effective issuance ofa cernRcate. For more information, visit our Web site, hnp://www.sos.state.co.us/ click Business Center and select "Frequently Asked Questions " CERT GS D Revised 01/02/2007 .1 'Construction Concepts, Inc. Designing and Building the Future BONDING REFERENCES Bonding Company: Travelers Casualty and Surety Company Contact- Rebecca L. Braun P.O. Box 173713 Denver, CO 80217-3713 720-200-8406 Surety's AM Best General Policy Holder Rating: A+ Surety's Best Financial Rating: XV Treasury Limit: 85,966,000 per - project Agent: Flood and Peterson Insurance, Inc. 4821 Wheaton Drive Fort Collins, CO 80527 800-810-3878 Contact -Darlene Krings FINANCIAL REFERENCES Bank Reference: Centennial Bank of the West 3561 Stagecoach Road North Longmont, CO 80504 Attn: Mel Green Bank President Del Camino Bank (720) 494-2210 Phone 14125 Mead Street • Longmont, Colorado 80504 • 970-535-0600 • Far970-535-0299 • comtconceptsinacom srPauL � TRAVELERS } October 25, 2005 I Re: Construction Concepts, Inc. Rebecca L. Braun, CPCU, AFSB Underwriting Manager St Paul Travelers Bond 6060 S. Willow Omre Greenwood Village, CO 80111 (720) 200-8406 (720) 200-8308 (fax) To Whom It May Concern: We are pleased to offer our recommendation regarding the financial stability of Construction Concepts, Inc. Their surety bonds are underwritten by Travelers Casualty and Surety Company of i America Construction Concepts enjoys an excellent reputation for providing quality work in a timely and cost effective manner. We have approved bonds in the low seven figure range, and we are in a ' position to consider bonds in that range, or larger, subject to review of the job specific contract and other pertinent underwriting documents. This letter is not an assumption of liability, nor is it a bid bond or a performance bond. It is issued only as a bonding reference requested of us by our client. Please contact me if you have any questions. Sincerely, " Rebecca L. Braun, CPCU, AFSB Underwriting Manager c: Construction Concepts, Inc. Flood & Peterson Insurance, Inc. SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: :-ttps:=`lsecure2.fcg c.corr.r'bscflog_in.,sp 2. Mercury-LDO Reprographics: cc^w.rr.:^rcurv-ldo.eor: Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 07/2001 Section 00020 Page 2 SECTION 00510 NOTICE OF AWARD Date: February 6, 2007 TO: Construction Concepts, Inc. PROJECT: 6019 Community Parks Sidewalks OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated January 10, 2007 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 6019 Community Parks Sidewalks. The Price of your Agreement is Three Hundred Twenty Thousand Three Hundred Seventy Thousand Dollars ($320,370.00) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings .will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by February 21, 2007. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. 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 (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: V�fi3_,A t- 7vies B. O'Neill, II, CPPO, FNIGP ector of Purchasing &.Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6th day of February in the year of 2007 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (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 Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Bid 6019 Community Parks Sidewalks; concrete sidewalks, ADA access ramps, demolition, concrete parking lot, pedestrian bridge and foundations and related site work within four community parks: City Park, Lee Martinez Park, Rolland Moore Park and Edora Park and is generally described in Section 01100. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins, CLRS Parks Planning and Development, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and 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 TIMES 3.1 The Work shall be Substantially Complete within 90 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 105 calendar days after the date when the Contract Times commence to run. 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 times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding 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 penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: Three Hundred Dollars ($300) for each calendar day or fraction thereof that expires after the Ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150) for each calendar day or fraction thereof that expires after the Fifteen (15) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Hundred Twenty Thousand Three Hundred Seventy Thousand Dollars ($320,370.00), in accordance with Section 00300, attached and incorporated herein by this reference. 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 Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 900 of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 1000 of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application 9/12/01 Section 00520 Page 2 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the 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. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of 9/12/01 Section 00520 Page 3 paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference., and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: CITY PARK SIDEWALK PLAN 1 LEE MARTINEZ PARK SIDEWALK PLAN 2 EDORA PARK SIDEWALK PLAN 3 ROLLAND MOORE SIDEWALK PLAN 4 ROLLAND MOORE BRIDGE PLAN AND PROFILE 5 ROLLAND MOORE PARKING LOT GRADING PLAN 6 ROLLAND MOORE HORIZONTAL CONTROL PLAN 7 BRIDGE FOUNDATION PLAN 8 SITE DETAILS 9 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 5, inclusive. 9/12/01 Section 00520 Page 4 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. 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 not without limitations, 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 that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: (��'`Q6O k- JAMES O'NEILL II, CPPO, FNIGP D ECTOR OF PURCHASING AND RISK MANAGEMENT Date�� Z-( L'/ P. 0. Box 580 CONTRACTOR: Const ction Concepts, Inc. By: , Title: Date: -L2o0 T (CORPORATE SEAL) Att st:_ Clerk iving notices: Fort Collins, CO 80522 Appr Ass Address for giving no ices: LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 6019 Community Parks Sidewalks To: Construction Concepts, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. bated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , and 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Construction Concepts, Inc. By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate I 90ne- NO, 104846892 teat Cdnstruction Concepts, Inc. 14125 Mead St., Longmont, CO 80504 a f t,':n: zefqr,j4rj. -j-00 Travelers Casualty and Surety Company of America Hartford, CT 06183 ?i,?rrzinaft=,r -ef(,-rred `o &a "the Surety" ; are held and tirmiy unto Fc,rt !Uns, 300 Ijaporl-e A.Ve, 7'ort Coiling, Cclorajo P,0522 a )c 4 a . h�reLnafter referred to .as the "OWNER",�.n the penal sum. ur $320,370.00 in lawful money of r2ne unj,?-,t :he 7javrLit-roL which dum cell and tu be made,, hie 6ind jUintly and se- -;exally, firmiy -',y these T-41S sucka that wher'ia,-; the the OWNEP, �-Ated 6U1 A7.!-Ji.,!' ,.4 THFREi�OREr If the Principal shall well, turul',/ and ail rhe -,.:)venants, terms, conditions and agreerwan nai-j Agreewe.nt dL;;inq till original term tlriereof, ay)d any extensi�>rs -which mdy be granted by the OWNER, with or without Notice to the Surety _-luring the -%ife of the guaranty peri-od, and if the Principal shall satisfy a!,'. claims azi-d demands incurred under such Agreement, and shall fully -j-njainpif-ji ,?,,d sartd harx.less the OWNER from all oos- and damages -;#h-ich V- may suffet: I -I., to no, aa,�, ahall za-iV)ij--ie and rkipay OWNER �.(-,d iry Iati^n aha', 1 're vc-'-I; otherwise to remain in fu.l . 1,oxc2? aiici efte-t. '?-C ge�,tion C0610 Page -i Construction Document ordering Instructions (Download a complete P1anWell 4.0 Ordering Guide from www.planwell.com) 1. GO TO: www.mercury-ldo.com 2. SELECT: Denver Links: "Plan Well"\ ♦Pew Mrc�xioni ilri.0 VlpP. tlllrcnvn. I.4nae vLel111w An'Nbn Pxw YnP. L., VYpyf 01 . PlanWell' k�l RfrrtY •� ra 1 k 7(A 3. SELECT: Public Planroom:."GO" Olrnvar LMrYs E Merwry/LDO Colorado 1 [raol-�M, rune]. Digital DO meM Management S Distribution `'trtQ 6 '4i `- use"Me User Name FlnU Public Pmiects o for eknlng heret Password �— I No login Mowed 7 `IGP tRViLat t lL.'. I ' I iggo.LYMrtQwi.iktw d?�ku r ...e..,�.,. guide Not a member yet? i sign W AuNbri:ad Access OPry! � 4. SELECT: the desired "Project Number" from the list 07/2001 Section 00020 Page 3 t.�." 33"d T!Irety' of t: lraa I i ': e ra t i:;"l IS )f t n � hq reeme a t ha Work e ;�Flr -.0 X marl tileraul)cie- t: L: i, �' ca as ing t-'Ie same Shall JTX e'ny way atrec-:. its -.4at.6-)n addi A"' C LU, 'P 0, cf E R, that ria' se�r,'Lamen+ betweer. tr e OWNER ancd alhri.dge tbs right )f anv bene-ficiary tsrei,.nder; r-w-)E, .'4 IFURT' :Elk, that V�ie I'ar CovtpariSl must 'ce auth -,zed t,,:j tT:e State, af and be acceptable r t.hit OWNER- `,l -1 TF 7 "HZ.-,4UOF' rhis -instrwTont is sxp-:tltA?d ir (3) j� P.-� , -I 9th.February learqed an -5 f 07• 1P, Construction Concepts, Inc. 7 'Title� 14125 Mead St., Longmont, CO 80504 Ad 4 r Other PA-vtr'rAr.j ZY -n PILLSVNCE ovSurety Trav ers Casualty and Surety Company of America Darlene Krings,,4tit2o=�r2inie-iy�,2-in-Fag Witness Hartford __CT 06183 (Addror,i) --e-.Y Seal) !;O"AE; Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should exwuuts!'Itond. S o C aE'C'T2�''I] Gp•, , 104846892 Construction Concepts, Inc. ?c.d. v:.B 14125 Mead St., Longmont, CO 80504 i.8It 1i rVAI;::Uua.._L r , 'a (a Corpora.; ion) , hP,LF_ir;a,;-. Travelers Casualty and Surety Company of America essj Hartford, CT 06183 ...-,ia-i.I`A1.L::1: . - {=.C'r2t'. C :; 24y ";.;Ci4: [7LIi:'Z�' .::C ❑8.., 1 d1tCG ... ..Yl' .� ... .. , .2.1) _�5 _Co! liri_, 300 LapQrts Ave., Fora__'Z (Nuriir,ipal Curporatiinn)`herain3fter referred o :is^"the '�OTEti", 1•i the 5''•r• -f _—..$320�370.00�-,-__--•-- ______..._. __ 'r� :.awia:,. money .:�:: ,, ;!-.;.red State , for: the payment of which sure wel.i and he made, ;.re ;:Li,c':. ucces:icr's and assigns, jointly and 3everd_'1.Y, "rm'ly Y_t_.' r r_iz3E?h tq . caTL)l rioDis or :,His on GATIO'_d are such that wrer,.as `::tie I�r:_r_%.1pa vn<:era,a a cer* -ir_ A moment• with the 0WOEP., dated the =tn 'ray of February Cf •.1.,..... 1� _1. C.._ a`-4.$Chs'-1 and M,:de a iJ.art: ,1P.:Coof 1':�� C.Rc' L'cJ... iYl'..tiillr.•c. _•. to ti.[. 1.�' � :r' -i .l .. ll.� uI t t. �'. ."r 1'Ct; 7 IC u . _.. oir•. - ..,.�...li.t.y a.rk; azdl�,rai%;:1. .Jaw, In"NEFC?-2, i.c, tr_e 2rincipal Rhall make payment _; si;_ ct.-kcontractors, and corpara" ons furnishincr materials foz or L�,,Pz frirM'_raC t.';e yxuatreeor; p:o�iecnrsecirof Agreement and a;i:', ate ho::ized ext9asion or 1-,V)d1ficatiOn thereof, including all amoiinf_s ntate riaIs, lubricants, rcpair3 on machinex , equipment and coois, _onsum-d, r9;iLed QI u3ed in connection with the construe}ion of ;Such Work, at:•_i i l i :zlsurance pfzmi=r, on said Work, and for all labor., pe_forrae(.z in suc.l: (q:-;ether by subcontractor or otherwise, then this �bligat.i-)r. %ha i Le c.therwise to remain in ruii toc,;e and j fect. l �i:idt the �aJI Surety, for va'ue i:?,^,4]. JE;d, ''i3 L't'i?}' ,"`'I ci V.) chinga, 3 ;tension (>f tize, ;i lte4-at,Lon or c. radi o. c)n 0--'ruz,; of acne Agra&went r�r to the Work zzo oe per. f,,r::ted therew.-I e.. ;r. r, f=c�.T_:iGli° B�Com al;;;inr t.•ie same shall in any wad+ •9'f;1:E'�t :Lr:i :�bl ydi_i+�, .1'�_ :•')... ;, i'_r,' .t _:;gF33 ..'•i'Si=. :•i:i i':� 11:J f.�C; .. -_ -1nv Su;Jf, �':7 i311Qi'?, -X :11:.!,'I[7. . 'vt__THER; t"aaat ^a fl7al gc;rt-law.ent ':he :,W13ER_ And .LT4`R I(7T1'R s,_al.l 1br_.dgo thte right, of any benefici��ry 'G, dcr; ' • w5s 1 F!t,)VIDED, FURTHErF, that f_n- Surety Compar:y must to authorized i tra.n:ac•: basires_ _n the State of Colorado and be acceptable to tics wim , G ) jTNE , 07 1,-YEERECIP, thi•.S iast iment 'a ,axe:'1jted ill tM:rse I; c.-.n: -r '!''- ::'1i` ;1 'i'aa1 1 '',a •Ies,,iieul art 1[7lil,, :, th:; 5 9th .a�,, .0 February, Principal Con ruction Co a s, Inc By: {'1'itJe! 14125 Mead_St,, Other partners �a � v z, J y„ x T11 ?R;,SE)g1 tc OF,: Surety _ Trave ers Casualty and Surety Pom l -0f America Witness_ —___- --�RU Hartford, CT 06183 �' C c i3urety Sear %�• Y, 6 9 `'OT'3: Late of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should executq` ong. WARNING: THIS POWER OF TRAVELERS I I. Attorney -In Fact No. 2117963 POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 1 2 8 7 7 2 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint IConnie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley , State of Colorado , their true and lawful Anomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizanees, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instruntem to be Signed and their corporate seals to be hereto affixed, this day of November 2006 6th Farmington Casualty Company ' St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company t St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance°Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company peBv�r SaRFTY Nx[ a �eN..�NSp � ,xsyq R,,rr nxa Y Y � f� "-�.wwtU _ Y �tt0 Rar�.� Y:tARVOR9tf:.p� a n 19ex o 927 � m; x: �. wvrcroao, ,,.TTT a1N1i0PD,� < State of Connecticut City of Hartford ss. By: Georg 6Thompson, nior ice President On this the 6th day of November 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hotdttnto set m#3tand and official seal. T*AA My Commission expires the 30th da -'Yif June, 2011. � j011lua # 58440-8-06 Printed in U.S.A. au�k e . j j ' Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of , America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizanees, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice , President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power , prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurancr, CSIupany St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur 4 pan mericai-apd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power Z, orne e d b ompames, which is in full force and effect and has not been revoked. "0q, IN TESTIMONY WHEREOF, I have hereunto set my hand t ofsk*ies this 9th day of February 2007 Kod M. JohansdVAssistant Secretary p�BV tllFly �FlR { `�M.!NS � �xdVq �YTr'u'e e tfti g iffftwaftil1927 a e•Pe, � _: - e � aunroro, , Irk, ;�s 1977Oh� a, ;meat aet\BaL ,�OEs�. q • R' C'Ft4'N •,wcf fS. Art t+.„_... 1r Alt To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORD_ CERTIFICATE OF LIABILITY INSURANCE NPR z COAST-1 °"'0""�"'9/01 02/0/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LBN Insurance Agency-FC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1614 oakridge Drive, Unit A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-229-9304 Fax:970-229-1398 INSURERS AFFORDING COVERAGE NAIC# IINSURED INSURER 114C Insurance Companies Construction Concepts Inc. Marc 6 Kim Dewey 14125 Mead Street Longmont CO 80504 INSURER 6-. Plnnacal Assurance INSURER C: INSURER D: INSURER E. COVFRAAFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 07FER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE MBODDIN Y) DATE (M AO M') LIMMTS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 3XD-95-53 08/24/06 00/24/07 PREMISEs(Eeoccwence) $ 100000 CLAIMS MADE FX] OCCUR MED EXP (Any are person) $ 5000 PERSONAL &ADV INJURY $ 1000000 X Blanket Add' 1 Ins CG7482 12-00 Contractual Liabi GENERAL AGGREGATE $ 2000000 CG 00 Ol 10 01 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG $2000000 JECTPOLICY X PRO- LOC A AUTONIOBLE UABMdN ANY AUTO 3XO-95-53 08/24/06 09/24/07 COMBINED SINGLE LIMIT (Ea acciderd) $ 1000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accldeM) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per amd" $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER 71-M EA ACC ALTO ONLY: AGG $ ANY AUTO $ EXCESSAMMiRELLA UABILITY EACH OCCURRENCE $ 2 , 000 , 000 A X I OCCUR CLAIMSMADE 3XD-95-53 09/24/06 08/24/07 AGGREGATE $2,000,000 $ DEDUCTIBLE $ X RETENTION $1D,000 B WORKERS COWENSATION AND ANY PROPRIETOR/FMTHDRlEXECUIIVE ANY OFFICERIMEMBER EXCLUDED? 4031745 07/01/06 07/01/07 X TORY LIMITS I X MTFr I ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE- EA EMPLOYEE $ 1000000 If SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT Is 3.000000 OTHER A Property Section 3XO-95-53 08/24/06 09/24/07 Leased 6 200,000 A Equipment Fleate RC ON LZASED i Rented DESCRIPTION OF OPERATIONS N LOCATIONS T VEHICLES f EXCLUSIONS ADDED BY UND=QRSENUff ! SPECIAL PROVISIONS Project: 6019 Community Park Sidewalks The Certificate Holder is listed as Additional Insured in regard to the General Liability. CERTIFICATE HOLDER CANCELLATION irTcoLLI SHOULD AM OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Collins SPOSE NO OBLIGATION OR L64OLITY OF ANY KW UPON THE INSURER, ITS AGENTS OR 300 LaPorte Avenue REPRESENTATIVES. is fl Fort Collins CO 80522 ACORD 25 (20011081 0 ACORD CORPORATION 1980 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6019 Community Parks Sidewalks PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Construction Concepts, Inc. CONTRACT DATE: February 6, 2007 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Construction Concepts, Inc. Gentlemen: You are hereby notified that on the , day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6019 Community Parks Sidewalks. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Construction Concepts, Inc. (CONTRACTOR) PROJECT: 6019 Community Parks Sidewalks 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or. any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 5. CLICK: "Most Current Set" to View the list of documents available for the pro' lyder items by disking the wr% lrt icon: Btxt ceder I wser : Path: E�, Mast ur ent Sat A= of 12 2'2005 14 4 001Aountain U Qlssueset-.,,, : ,., �... _W r >; A — (Revision LaRe�ic ion 2 n% l=tp-1 Ski ..iSkq_kQb Issue Set 7/29f2002 Architectural 2036 LBW - �. -' Sf asue Set 7,129/2002 Architectural 2036 LBW - aA_S u Revision 2 2j10/2004 Architectural 24%36 LBW - ' [—'�A=4 Issue Set 7/24(2002 Architectural 24X'_.6 LBW- �f Re>i5ien 1 IV12f2003 Architectural 2036 LBW - 6. CLICK: Sheet No. to view 7. CLICK: W to add a specific document t your "Shopping Cart" 8. CLICK: start Myorder1 to place the order for printing) 9. REGISTER -or- LOGIN 10. SELECT: Process -Media, Output Size and Binding options 11. ENTER: Job Number and PO information then click Next. 12. REVIEW: Recipient information. 13. ENTER: Quantities 14. CLICK: the down arrow to populate order. 15. SELECT: Delivery options and Due time. 16. ENTER: Your phone number in the special instructions box. 17. CLICK: Next. 18. REVIEW order 19. CLICK: SUBMIT Planwell contacts: Marie Owens 970-484-1201, mowens@mercury-ldo.com David Bacon-720-220-7683, dbacon@mercury-ldo.com 07/2001 Section 00020 Page 4 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR Construction Concepts, Inc. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Construction Concepts, Inc. PROJECT: 6019 Community Parks Sidewalks CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (1298) w (303) 232-2416 COLORADO DEPARTMENT OF REVENUE FV1 DENVE 61 CONTRACTOR APPLICATION 2-2<16 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114{1 xa}pCIX) The exemption certificate for which you area pplying crust he used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase oriental of equipment, supplies, and material lswhich are purchased, rented, or consumed by the contractor and which do not become part oft he structure. highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each ofthe subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. rs"abo mtTasgle ct o. t0 be sdby 89 - Period 01 70-750 (999) $0.00 Gt3�+ITii�4CTt�121NF`UR�A�t,"C D B raide ❑ane/ i Owner. Partner. a corporate name Mailing address (City. Stale,Zip). Contact Person E-Mail address a era poyers en ca on Number: amoun oryour n coact ax um er. `Ri Business telepbane number'.Colorado withilholifing az a- ou-m nun er. 1 idlnf}(ying ft contraaWg Padilla PsrklMe wil be attached. . Net or exempt organza on I as shown on con ac : amns o p organ s number 98 - Address of exempt organuabon (City, State. Zip): Principal contact at exempt 6rgarazabon Principal con ac s telephone number Ical Iota ono pro)ec si (grve ac al a ress en eppica lean I es en or oun pas) where prgec Is bcate Scheduled Wrth uay Year 000strunon starl dale: Estimated mt ay ear marplelion dale. I dedare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my lmowledge. Signature of owner, partner or corporate officer a of corporate officer te. Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's pace of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The s4cceed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDTIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TILE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, WOX1 No. 1910-8 (1990 fldition), as a base Changes to that drxvmcnt are shown by underlining tent that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title VbCINtt1 LA 1,2 1.3 14 1.5 1.6 13 1.8 1.9 1.10 1.)1 1,12 1.13 1,14 1,15 1,16 1.17 1 is I.19 1.20 1 ^_1 1 22_b 123 1,24 1,25 1,26 1.27 1.28 1.29 1:30 1.31 1.32a 1 32.b L33 1.34 1,35 1.36 1.37 1.38 1.39 1,40 1.41 1.42 I-43 1,44 L45 TABLE OF CONT -WrS OF GF.NI:RAI, CONT)T'DONS Pase Article or Paragraph Number Number & htic ............... ........... ... Addenda ...___._ _. - ._.__....... 1 Agreement...... _ .................................. 1 Application for Payment,,, Asbestos__... Bid_..-.. Bidding Documents I Bidding Requirements, l Bonds............... _............... ............... _.......1 Change Order ........ ..... -- ,_....... -i Contract Documents 1 Contract Price .............................._ ..,1 Contract Tunes.. . _ ..... ............. .......I CONTRACTOR ....................... ... _..,1 .... ckfecrive.. _.........................................1 Drawings, ...... Ia7ective Date of the Agreement . .... I ENGINEER..... . _.............. i ENUINEER's Consultant. Field Order......_,.., General Requirements,........................ Hazardous Waste _.......-._.. _.-.....2 Laws and Regulations, D.aws or Regulations,... Legal Holidays-__..... ........ ..... 2 _...2 L.iens,.,..._... ..................................... hfilestonr ..._._ _. ._L Notice of Award 2 Notice to Proceed,,,,,,,2 OWNER- _....... __. .................... Partial Utilization .2 PCBs,.. Petroleum Project o Radioactive Material 2 Regular Working Hours,.,.,_.,, , ^ Resident Project Representative,.,,,, Samples ........... ....... Shop Drawings._, __..... ..__.............. Specifications ................................_... Z Subcontractor ^ Substantial Completion.... _.... Supplementary Conditions...._ ,,,,_,_,.-. 2 Supplier................ _.. .... .. _..... _....,. _ 2 Underground Facilities.. ......... ..:-3 Unit Price Work,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,3 Work ....... ...........................................: ; Work Change Directive,,, Written Amendment._.,. _._.._... Page Number PRELIMINARY MATTERS 21 Delivery or Bonds 3 �2 Copies or Doeumenl.4,,,,,,,,,,, 3 2.3 Commencement of Contract Times; Notice to Proceed 3 2.4 Starting the Work.... -5-2.7 Before Starting Construction, CONTRACTOR's Responsibility to Report; Preliminary Schediles, Delivery of Certificates or Insurance _ ___._...3.4 2.8 Preconstruction Conference 4 2.9 initially Acceptable Schedules..- 4 CONTRACT DOCUMENTS. WTENT, AMENDING. RRUSE..--- . ._.__ 4 3 1-3.2 Intent ? 3.3 Reference to Standards and Speci- fications of Technical Societies. Reporting and Resolving Dis- crepancies ......................... ......... 4-5 34 Intent of Certain 'terms or Adjectives. ,... .......... ...................... 5 31 rXmending Contract Doc ments 36 Supplementing Contract Documents S 37 Reuse of Documents._..... 5 AVAII,AHII.ITY OF LANDS. SUBSURFACE ;',,ND PHYSICAL CONDITIONS. REFERLNCEPOINTS_. 4.1 Availability of Lands.., 5-6 4-2 Subsurface and Physical Conditions. 6 42.1 Reports and Drawings .... .................. 6 4.^_.21 Limited Reliance by CONTRAC. TOR Authorized; Technical Deta..........._ 6 4 2.3 Notice of Differing Subsurface or Physical Conditions .................. ti 42.4 FN'GINEER'sReview 6 425 Passible Contract Documents Change_ .... _............... 4.2.6 Possible Price and Times Adjustments -_.... _........ ... ...... 6-7 4.3 Physical Conditions --Underground Facilities ................................. ...... 7 4.3.1 Shown or Indicated 7 4.32 Not Shown or Indicated 7 4.4 RcfcrencePoints..._............_............ 7 FX70Cctt;NtRAI,CONINTtoM1910-81199011) xi w cMTYorroRTcot.t.rnts MODInCAnoNS(MV9/99) Article or paragraph page Article or Paragraph 113ec Number &. Title Number Ntmtber & fitlc Number 41 Asbestos, PCBs. petroleum. Iazardous Waste or Radioactive Material _........... _..... 7-9 PONDS AND INSURANCh. 8 ................................. . 5.1-5 2 Performance, Payment and Other Bonds 8 S_ 3 Licensed Sureties and Insurers, Certificates of Insurance 8 54 CON-1 RA('I OR's Liability Insurance .......................................... 9 5.5 OWNER'sLiabilily lnsurance____.,,,_,9 5.6 Property Insurance ._....._9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance _ .._ _. _. 10 5.8 Notice of Cancellation Protision,.__. _. 10 Sn CONTRACTOR'sResponsibility for Deductible Amounts it) 5-10 Other Special Insurance,,,,,......_..... 10 5.l l Waiver of Rights_ _ _ _ ... ..... ... 5.12A 11 Receipt and Application of Insurance proceeds. . ..... .............. lo-I I 5.14 Acceptance of Bonds and dnsu- ance; Option to Replace„ ............. 11 5.15 Partial Utilization --Property Insurance..__ ................ CONTRA(-TOR'S RESR)NSIHILI 6.1.6.2 Supervision and Superintendence ....... 11 63-65 Labor, Materials and Equipment,. I1-12 6.6 Progress Schedule _ 12 63 Substitutes and "Or -Equal" Items: CON' TRACfOR's Expense, Substitute Construction Methods or Procedures; ENGINEER'sEvaluation ............... 12-13 6.8-6.11 Concerning Subcontractors' - Suppliers and Others: Waiver of Rights, _.___ J3-14 6.12 Patent Fees and Royalties, .............. . 6,13 Permits..__._ __... ................... 14 6.14 Laws and Regulations.......... 14 6.15 Taxes.._ 6.16 Use of Premises ........ .-. 15 6.17 Site Cleanliness 15 6.18 Safe Structural Loading,,,,,,,,,.,,„,-15 6.19 Record Documents, .... ... ... __...._15 6.20 Safetvand Protection 15-16 621 Safely Representative,. ,,.__.... _. 16 &22 Hazard Communication Programs..,,,, 16 623 Emergencies 16 624 Shop Drawings and Sam ples..............16 625 Submittal Proceedtaes, CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop thawing & Sample Submit- tals Review by ENGINEER 6.27 Responsibility for Variations From Contract Documents ............ 17 6.28 Related Work Performed Prior to ENGINEERSs Review and Approval of Required Submittals, .... ._..._... _._......... . 17 6.29 Continuing the Work ........... . ....17 6,30 COIN'TRACTOR's General Warranty and Guarantee " . ,. 17 6.31-633 Indemnification""_, ... __ _. 17.18 634 Survival of Obligations ...................18 OTIERNVORR.._................................_._.......IS 7.1-7.3 Related Wok at Site.18 74 Coordination .............___....._..._...18 OWNER'S RESPONISMILITTS.........................18 8.1 Communications to CON- TRACTOR . _,.... _.. .18 8.2 Replacement of ENGINEER", ._.. 18 8.3 Furnish Data andPay Promptly When Due_ I ......... . 18 8.4 Lands and Easements; Reports and Tests 8.5 Insurance_ .............._.. ............. _19 8.6 Change Orikrs.................. 19 8.7 Inspections, Tests and Approvals., .......................... ..... 19 8.8 Stop or Suspend Work; Terminate CON'rRACTOR's Services.......... _........... _,... _..... _ 19 8.9 Limitations on OWNER'S Responsibilities.._ ...... _ .. _.._ 19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. SA Evidence ofFinancal _19 Arrangements.,. _....._ _... _....... ....19 ENGINEER'S STATUS DURING CONSTRUCTION......... _........... _...... ............ 19 9.1 OWNER's Representative,,,... ....... 19 9.2 Visits to Site _19 9.3 Project Representative.,_...", .,, 19-21 9A Clarifications and Interpre- tat i (ms................................. 21 9.5 Authorized Variations in Wrk_ __21 L-r.U.'. OhNF_RAI, CONDMONS 1910-0 (1994) F.D111 ON) w! (ITY OF FORT COLLINS 61OMFICAPONS 1REV 9199) Article or Paragraph Page Article or Paragraph Page Number 9: Title N'umher Number g. Title Number 9.6 ReiecungDc(ectivelVork _ _. -21 13.8-139 Uncovering Work atI:NGI- 9]-99 and r" Drawings. Change VEER'sRequest,_ ,,...,,2728 and PayTnutts. _. _ _ .. _..'1 13.10 OWNER May Stop the Work ......._28 910 Determinations for Ulna Prices 11 " 13,11 Correction or Removal of 9,11-9,12 Decisions on Disputes. EN(,I- Deeclivework, ......_......_...._ If NEER as Initial Interpreter _ 22 13.12 CorrectionPerixl .__. 18 9,13 Limitations on ENGINEF•R'.s 13.13 Acceptance of Defective e ective Work -Authority and Responsibilities_-- `- ^ 3 13.14 .__._.28 ( Defective Work._.._ -_ _. CHANGES IN 7lll WOItK �; _............. .28-29 10.1 OWNER's ordered Change..,_„ 14. PAYMFN"!S 1-0 CONTRACTOR AND 10.2 Claim iix Adjtistmcnt .__._ _.23 CO:VIPLE•IION _.. 1u.3 Work Not Required by Contract 14.1 .. _..__........29 Schedule of Values, ........ ,,,,,,_,.^9 Documetris..__.._. . _. - _ ......'23 14.2 :application fez Progress 10A Change Orders .-- 21 Pa Tnent 29 10.5 Notification of Suretv 23 14.3 CONTRACTOR's Warranty of Title............ ....._.--..... ('RANGE OF CON'I'RACI' PRICE - -- 23 14.4-147 Review of Applications for ....29 11.1-11.3 Contract Price, Claim for Progress PHyments,,,,,,,,,?9-30 Adjustment; Value of 14.8-14.9. Substantial Completion ,,,,,,30 the Work _ _ _ _ <1+'_4 14.10 Partial Utilization _30-31 11.4 Cast of theWork...... .................. ._.44-'S 14.11 Final Inspection,,,,,,,,,,,,,•„.,,,......••,31 11 i Exclusions it, Cos of the Work.-„-".. _'S 14,12 Final Application for Payment..,..••-31 11.6 CONTWNCTOR's Fee _ _ _5 14,13-1414 Final Payment and Acceptance,,,_,.31 11.7 Cost Records . _...._ _ _. _.-..25-26 14,15 Waiver of Claims 31-32 11.8 Cash Allowances..___ „ 11.9 Unit Price Work . _ 26 15 SUSPENSION OF WORK AND T'FRMINAT ION...........................................32 CIi 1NGE OF CONTFJICT TMES.._... ... .......... ,,,_.t 15.1 OWNER May Suspend Work 12A Claim for Adjustment ?6 15.2-1sA .......... OWNh'RMay Term mine 32 12.2 Time ntthe Essencq_. _ 26 15.5 -..----.... CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate„ ,,,,,32-33 Control ..... ,.__..._.._. 26-27 12A Delays Beyond OAWER's and 16, DISPUTE. RF.SOLIT ION..................................33 CONTRACTOR's Controlp 17 MISCELLANEOUS_...__.__... 33 TES"TSkNDINSPECTION&CORRECTION, 17.1 - Giving Notice.._.._ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times.- L)EFECTTFEWORK '7 17.3 . ............._33 Notice of Claim.._ 13.1 Noticeol•Defects .............__......_.._.=7 17.4 Cumulative Remedies „33 13.2 Access to the Work .. _.. 27 17.5 .................. Professional Fees and Court .,33 13:3 Tests and lnspections; Costs Included_.. 33 CON'TRACTOR'sCooperation .-_.'-7 17.6 ............ Applicable State Laws_ 3334 13.4 OWNER's Responsibilities; Intentionally _......... left blank.-__..,,...,-_ 35 Independent "luting Lalxxattxy„.., _27 13.5 COfTRACTOWs ENIIII3IT GC -A: (Optional) Responsibilities...__ __. '7 Dispute Resolution Agreement. ,._ GC -Al 13,6-13.7 Covering Work Prior toInspec- 16.1-166 ........ . Arbitration _._._.....__....._.....-.(iC-Al tion, Testing or Approval 27 16.7 Mediation. CrC-Al iv F:x-tx' (!E,%RA1, COMA TIO 1s 191 o-a (199a wln()N) w1 C1 TV OF FORT COLLM MOOIRCATION5 MV 9/99) TNDF,X TO GENERAL COMMONS Cin• of Fort Collins modifications to the General Conditions of the Uonstrucnon Contract :are not shou-n in this index Article ur Paragraph Number Acceptance of -- Bands and insurance 5 14 .......................................... defective Work _..._.-._ _.10.4.1. 135. 13 13 final payment .......... -... 9.12. 14I s insurance... - 5.14 other Wcxk, by CONTRACTOR _ _ _ 73 Substitutes and "Or-F.qual" Items..... _........... 6.7.1 Work by 0XVINTR................................5, 6,it). 6 34 Access to the — Lands, OWNER andOOtFTRACTO R responsibilities........ _..... _ _... ...4.1 site, ralatedWork, ..... ..... . __._._.7.2' Work ..... ._..._._..__..,_-_...._.._..13.2, 13.14. 14.9 Acts or Omissions--, Acts and Omissions- -CONTRACTOR 69A. 9.13 3 ENGINEER__.__.... _._6.'2o, 9.13.3 W' OINTER 6.20. S.9 Addenda— definition of (also see definition of Specifications).,(L6, Lift, 619), 11 Additional Property ln-suranceg ........................ _...... . 3.7 Adjustments -- Contract price or Contract Times. ....... ...... .... ._..1.5, 3.5, 11, 4.3.2, 4.5.2, .__._ .._._....,, _.a.5.3, 9.4, 9,5, 102-104, _............_.........................lt. lZ 148, 151 progress schedule- _ . _ _.. 6.6 Agreement -- definitionnf...................._...............,................12 "Ail -Risk" Insurance, policy form .......... _... _.......,5.6,2 Allowances. Cash ... ... ._.......... _ 11-8 Amending Contract Documents _----- 3.5 Amendment, Written -- in general. .._.. -...L 10, 1-45, 3.5, 5.10, 5.12, 6.62 ..........................6.8,2, 6.19, 10.1, 10.4, 11.2 _....................12-1, 13.122, 14.7,1. Appeal, OW'M?R or CONTRACTOR intent to ..................__9.10,9,11, 10.4, 16.2, 16.5 Application for Payment -- definition of 1.3 ........................................................ FNvGINFFR's Responsibility ............................... 9.9 final payment.... . .. ........ 9.13A, 913.5, 14.12-14.15 in general ..... -_........ ..... ...2.8, 2-9. 5.6.4, 9,10. 15.5 progress payment._,.................._....., . ..14.I-]d.J review of, ...... ._ _.._...............14,4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto . ... ..............45 2, 4 5.3 CONTRACTOR authorized to stop Work,.,,,-..,.g.5,2 definition of_.......... ...... .... ....... ,.4 Article or Paragraph Number OWNER responsibility for ..__._- g 5 1, 8 11) possible price and times change. - 4.5.2 Authorized Variations in Work...._. 3 6. 6.25, 6.27. 9.5 Availability of Lands _ 4.1.8A Award, Notice of --defined _.... _._.... 1,25 Before Starting Construction,,,,, 5-2.8 Bid --definition of _. _ _- L5(1 1, I.lo,'-_3.3.3, ......................... a. 2. 6.4. 6. 13. 11.4.3. 11.91) Bidding Documents —definition Of _.__..... ,l 6((1.8.2) Bidding Requiremcnts--delaition of _ 1 7 (I 1, 4 2 62) Bonds -- acceptance of ._.__ 5.14 additional bonds. .... .. .. - 10.5, 11A.59 Cost of the Work 11,54 definitionof-..._._._ .._ 1-8 delivery of ........................ _ .... .... ..,...........'-.1.5.1 final Application for payment - 14.12-14.14 general ......... ........... .............. ..1 10. 5A1 S.3, 5,13, 9.13, 10.5. 14.7.6 Performance, Payment and Other ,......_.$ 1-5-2 Bonds and Insurance --in general._ .... _.-....... .__.5 Builder's risk "all-risk" policy form _. . _- 5.6.2 Cancellation Provisions, Insurance 5.4,11, 18, 5.15 Cash Allowances....._..........._........_....._ ..............11.8 Certificate of Substantial Complelion. 13S, 6?0'.3, J4.S, 1410 Cenificates of Inspection _9.13.4, 13.5.14.12 Certificates of Insurance__ 2.7, SA 5.4.11, 5A.13, 5.6.5, 5.8, 5,14. 9A 14, 14,12 Change in Contract Price -- Cash Allowances.._ ....................... ..... I l.R claim for price. adjustment....._._, 4 1, 4.2.6, 4.5, 5.15, 6,82.9.4 9.5, 9 11. 1IQ. 10.5, 11.2. 13.9, ,.,.,.,........... .... , 13,13, 13 14, 14.7, 15A, 15.5 CONTRACTOR's fee .............. _.... _...... .......,....11.6 Cost of the Work general_._.............. _ I1.4-11.7 Exclusions to_.. 11.5 Cost Rec ids. __. __. 1L7 in general ,,,,,,,,,,,,,1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ... ....... .... _........................11,Y2 Notification of Surety, ... ._.__.........._.10.5 Scope of. _.......,..._........... . ._ ......10.3.10.4 Testing and Inspection, Uncovering the Work. . _._. _ _....._. 139 ERTX', GENERAL CONDITIONS 1910-8 0") rN nON1 Zvi OTY OF FORTCCd,tANS MODIWATiONS IREy W991 Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Page 5 Unit Price Work 11.9 .Article or paragraph Number Valuc of Work.,._........................................11.3 Change in Contract Timer— Claim for times adjustment,,,_,,. 9.1, 426, 45, 5.15, 6.8.2.9-4, 9.5. 9.11. i02, 10.5. 12.1. _.111...13.9, BA3. 13 14, 14.7, 15A. 155 Contractual time limits ._ _....122 Delays beyond CONTRACTOR's control 123 Delays beyond OWNEk's mid CONURACTOWs control 12.4 Notification of surety Scope of change.......... _ .......... .... ........ _10.3-10.4 Change Orders-- AeceptanceofDef'ectiveWork. .__ _. ,.__33.13 Amending Contract Documents. ............. 3.5 Cash Allowances,.,.__.__.. ._..,_11.8 ChangeoCContract Price Change of Contract Times.,....... _ _......... _ _.. _. _..12 Changes in the Work.__. _ _...._.. _ 10 CONTRACTOR's fee ................. _.............. 116 Cost of the Work.- ........ ....... ................... 114-11 7 Cost Records.._._.._. ._._........ .............._....] 1.7 definitionof..____._.. _. .... _..._._.-._i.9 emergencies .. _ .._.._ 623 L'NGINEER's responsibility t _ 9. R. 10A, 1 L2. 121 1 execution OI.. .. .." .... _.......... ........ .......... JOA Indemnifiction ......................._6 12, 6.16, 6.31-6.33 Insurance. Ponds and .... .,._ _ .1Q 5.13, 10.5 OWNER may terminate.____.. __._....15.2.15.4 Otis vER'sRespmsibility,,..____.-_. ._._...8.6, If Physical Conditions -- Subsurface and,., ....... ....... ............ 4.2 Underground Facilities--_ .......................... 4.3.2 Record Documents _.... _....... _...... _.. _.... 619 Scope of Change„_ Substitutes._., .... _........ b.7.3, 6.5.2 Unit. Price Work.... _. _... _. _.. ............. _.... _... 119 value of Work, covered by„ ... ,_... ......... ............ 11.3 Changes in the Work.._. _..__._......_........__.__.. .1D Notification of surety I05 OWNER's and CONTRACTOR'S' responsibilities ....... ....... -_..................... .. _.... lUA Right to an adjustment ......._.._.__ ................ 102 Scope of change ...... ..,....... ........................1D.3-1Q4 Claims— againstCONTRACTOR_ ......,.6.16 against ENGINEER „._.._. 6.32 against OWNER..-_ 6.32 Change of Contract Price.. _..... _............ _.. 9.4, 11.2Change of Contract Times .........................9.4, 12.1 CONTRACTOR's_-__.... _.9. 7.1, 9.4, 9.5, 9.11, 10.2, ......_...................1 L2, 11.9. 111, 13.9, M.N. vi CONTRACTOR's Fee l l 6 Article or Paragraph Number CONTRACTOR's liability ....... ..._5.4. 6.12, 6.16, 6.31 Cost of the Work 11 4, 11-5 Decisions on Disputes _... ..... _... ......... .......9.11, 9.12 Dispute Resolut)ort._....._...._ ......................._...16.1 Dispute Resolution Agreement.,- ....... ..16,1-16.6 L'NGINLER as Initial interpretor, . ....... 9 if Lump Sum Pricing ..__..._._ ......... 11,3.2 Notice of ..-1.7.3 OWNER'S .................... 4-4, V5, 9,1 1, 10.2, 11.2, 1 L9 _....12.1. 13.9. 13.13, 13.14, 17.3 OWNER's liability OWNTER may refuse to make payment.,,.,,,..,_,„_ 14.7 Professional Fees and Court Costs Included_ 175 request for formal decision on ............................ Q.i 1 Substitute trams._......-_...-_..........._......._.....h.7.12 Time Extension ............ . ..12.1 Time requirements Unit Price Work ..... _..._ _... _. ............. 11.9.3 Valueof .................._...__..............................,J.1.3 Waiver of --on Final payment.................)4.14, 14,15 Work Change Directive,,..,,,,_, . 10.2 written notice requires♦,,,,,,_....._... _.9.11, 11.2, 12.1 Clarifications and Intcrpretationg,.,,,,,._... 3.6.3, 9.4, 9.11 Clean Site C, 17 Codes of Technical Society, Organization or Assn iation.................................................3.3.3 Commencement of Contract Times 2.3 Communications— general...... ..... ..... _.......... ................6.2.6.9.2, 8.1 hazard Communication Programs„...................6.22 Completion. - Final Application for Payment ......,_................14.12 Final Inspectioq ._.._.............._...._........._. -14-11 Final Payment arid Acceptance_, Partial Utilization.....................................:......14.10 Substantial Completion _.__._.._...._.J.38, 14.8-14.9 Waiver of Claims .......................................... J4,15 Computation of Times . ........... ............. ...17.2.1-172.2 Concerning Subcontractors, Suppliers and Others ................ .................... _...... _.. 6.8.6.11 Conferences -- initially acceptable schedules ...... ............ .. preconstruetiont ......................... '.8 Conflict. Error, Ambiguity. Discrepancy -- CONTRACTOR to Report _._._._....... -_..... .2.5, 3.12 Construction, before starting by CONTRACTOR Construction Machinery, Equipment, etc,... ............... 6A Continuing the Work ..................... ............... . 6.29, 1.4 Contract Documents — Am endi ng......................................... 3.5 Ponds ..... .....,_..........._...._„5.1 F)(1X'. ('WNEaA1, COM)ITIONS 1910-9 (199017)ITION) wz C1 TF OF FORT COLLM MODIFIC-ATIOM (RFv 9fM) Cash Allowances_,..__. _-.._.__ 119 .Article or Pdragraph Number Change of Contract Price, Change of Contract Times Changes in the Work,,,,,,,,,,,, 10.4-10-5 cheek and verify -- 15 Clarifications and Interpretations..._..._._ .__..32.3.6.94,9.11 definition of_ ... .__... _. _ _ 1-10 ENGINEER as initial interpreter of _. _-_ __. 9.11 ENGINEER as OWNER's representative..............91 gcneral3 Insurance..., _ - ....._.... _.__.. _.-5 3 Intent ............... 3.1-3.4 minor variations in the Work 3.6 OWNFRs responsibility to furnish data _.._. 8.3 OWNER's responsibility to make prompt payment_... . ..... ..83, 14A, 1413 precedence . ..... ........._,_.._,............ _.._.,..3.1, 3.33 Record Documents ............ ,,._....._,. _.....6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work_ ...... ....... ............ ....._ ............... 2 Repotting and Resolving Discrepancies,_ _.._ 2 51-3 3 Reuse of . _._ ..3.7 Supplementing ......... ..... .... ._.-.... 3.6 Termination of EN'GINEER's Employment 82 Unit Price Work......................................._.......11.9 variations.........................................3.t; 6.216,27 Visits to Site, ENGINFER's _ _ _ .. _. 9= Contract Price - adjustment of'... ..... 3.5. 4,1, 9.4, 10.3. 1 L2-11.3 Change of . ..... ............ .... ... ......__- it Decision on Disputes ...... ........... ........ ..............4.11 definition of ............................ _...................... I.11 Contract Times-- adjustmcrut of _....... .._ _.-.. 3.5, 4.1, 9.4. 10.3. 12 Change of _..............._ ... 12.1-1^-.4 Commencement of_.._ 3 ...__ definition of .......... ........ ... 1.1'2 ,-... CONTRACTOR - Acceptance of Insurance. ......... _.. ..... _. _. ?.14 Ccmtmunications................. _ ._.......... 6.2.6.9.2 Continue Work_ ,_,....... .... ..... 6?9. 70A .. ..._...... coordination and scheduling. definition of .............................. 1.13 Limited Relianceon Technical Data Authorired.,._ f12 May Stop Work tr Terminate.- 15.5 provide site access to others ....... _. _....... 7.2, 13 2 Safety and Protection.....,.._._._-.9.3 12, 6,16, 6-18, 6 21-6 23 7, 132 .....,..".........................1.. - Shop Drawing and Sample Review Prim to -Submittal ... ............... ....... ......_.......6,25 Stop Work requirements 4 5.2 CX1NTRAC l'OR's- Article or paragraph Number Compensation 11.1-11.2 Continuing Obligation„,_._..._...... 14.15 Defective Work _9.6. 13.10-13.14 Duty to correct Aeleerire Work ......... ...13.11 Duty to Report -- Changes in the 1Vork caused by lmergcncy._ _. . _._._.._....._ _..._-. 6.23 Defectis in Work of others ............................. 73 Differing conditions......_......... _................ 4.2.3 Discrepancy in Documents ..... 2.5, 3.12, 6.14-2 Underground Facilities not indicated.......... a.3.2 Emergencies _ _...__ 0.23 Equipment and Machinery Rental, Cost of the Work ..........:............. _................,11.4.5.3 Fee --Cost plus _...._....11.4.5.6, 113A, 11.6 General Warranty and G uarantee„_ _........ _ ... _0 30 Hazard Communication Programs, ... ,,,,,.,............ 6.22 Indemnification. 0.12. 6.16, 6.31-6,33 Inspection of the Work .... ................. ..._..... 7.3, 13A Labor, Materials and Equipment ....................¢.3-6.5 Laws and Regulations Compliance by.,..,,....,. 6,14.1 Liability Insurance.. _......... _.................... _. _. _.... 5.4 Notice of Intent to Appeal,.,_.....................9.i0. 10.4 obligation to perform and complete the Work ............................ ................... ..._6.30 Patent Fees and Royalties, bard for by ................ G.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by,_.. _.... ......6.13 Progress Schedule._, _ _ ......2,6. 2.8, 29, 6.6. _...__ .__......._..,..,,629, 10A. 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities_ Changes in the Work ._._ ..... Concerning Subcontractors. Suppliers and Others ........ ......_...... 6.8-6.11 Continuing the tVor$..... -_... _ __.,6.29,10.4 CONTRACTOR's expense .......................... 6,7A CONTRACTOR's General Warranty and Guarantee...,..._.... ,..,..,6,30 CONTRACTOR s review prior to Shop Drawing m Sample submittal,,.,.. .... ,... 0.25 Coordination of Work ........... ........._..,._..ti9.2 Emergencies.....- ........................................ 6.23 ENGINEERs evaluation. Substitutes or "Or -Equal" Items ___._._.. _.._.-.._ 6.7.3 For Acts and Omissions ofOthers „_ 6.9.1-69.2,9.13 for deductible smolmts,insurance,......... _.,.... 5.9 general., .............. ...... ............ 15, 7.2, 7.3, 8.9 Hazardous Communication Programs,.__.,_ 6.22 Indemnification 6.31-6.33 1J[2r7 (2,NERAL COM)ITIOMS 1910.9 (1990 Et)itaom W: CITY OP PORT COLONS MODMCAIIONS (REV 9199) I.ahcx, Materials and Equipment 6..1-6.5 Laws and Regulations _. _.. 6.14 .......... Liabilitylnsurance SA Article or paragraph Num her Naice of variation from Contract Documents .__._. ... _. 6,27 Patent Pees and Royalties_,.,. Permits Progress Schedule �... ._.�. 6.6 Record Documents .. 6,19 related Work performed prior to ENGINEER's approval of required submittals._ _._._ _ _ .. _.._ . 6.2R safe structural Safety and Protection__. 6 20, 7.2. 13.2 Safety Representative _ _ 6.21 Scheduling the Work ................ ................. 69,2 Shop Drawings and Samples - ., 6.24 Shop Drawings and Samples Review byENGrv`EER_.. 6.26 Site Cleanliness Submittal Procedures...,.... ... 625 Substitute Construction Methods and Procedures 67-2 Substitutes and "Or-EquaT'Items -...�.._6.7.1 Superintendence...... _... _ _...... 6.2 Supervision .... _ 6.1 Sun ival of Obligations ....... ,....._._............ 6 34 Taxes..... ...§ 15 "rests and lnspections _ _ _ _.. 115 To Report Use of Remises .. .. ..... .. . .¢.16 6.1R, 6.30.2.4 Review Prior to Shop Drawine or Sample Submittal,,,,,,,,,,,,, ' 25 Right to adjustment fox changes in the Work ..... 10.2 right to claim - .4, 7.1, 9.4. 9.5, 9.11, It) .2,1 1,2- .11.9,12.1,13.9,14.8,15,1,15.5,17.3 Safety and Protection,.__,,,.. 6.20-6,22, 72, 13.2 SaretyRepresentative _ 1 _6.21 Shop Drawings and Samples Submittals,,,, 6.24-0 N Special Consultants._._,__... IIA.4 Substitute Construction Methods and Procedures_ 6.7 Substitutes and "Or -Equal' Items, Expense _.. ............... 6.7.1, 63.2 Subcontractors, Suppliers and Others _. 68-61 1 Supervision and Superintendence.. ....... 61, 6.2, 6.21 Taxes, Payment by__...........__....... . _....._6.15 1- sc of Premises 6.16-6.18 Warranties and guarantees ._..,- lfiarrantvofTitle 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate, ....... 15.5 Reports of DifTering Subsurface and Physical Conditions_..,,_,_,._,,,,.,_.. a. 2.3 Substantial Completion......... _. ....... _... %in ......14.8 CONTRACTORS --other_ _. .... _ __._._..__..- 7 Contractual liability Insurancq_.._.___... .5.4.10 Contractual Time Limits __„ _ ,.,12.2 Article or Paragraph Number Coordination— CONTRACTOWs responsibility .... .......... .. 0.9.2 Copies of Documents ..... ..... .... ^ 2 Correction Period __.,.....13.1_ Correction, Removal or Acceptance of Defective Work-- in general .................................. 10.4.1, 1110-13.14 Acceptance ofDe festive Work,. _„... _ .............. . 13.13 Correctioan. or Removal Of Defective Work.........._........ _.........-6.30, 13.11 Correction Period,. _ _ _. _ _.... _ .. 13.12 OWNER May Correct Def curve Work, _... _. _ 13.14 OWNER May Stop Work.................................13.10 Cost_ ofTests and Inspections. ,,_.. .- _............._...,13A Records 11.7 Cast of the Work -- Bonds and insurance, additional ......... ....._..11.4 5 9 Cash Discounts.........._..........._....................3 IA 2 CONTRACTOR'S Fee _...... .. ... 116 Employee Expenses, 11.4.5.1 Exclusions to..,.._.,.... _._ _.... _..111.5 General] 1.4-11.5 Home office and overhead expenses11.5 Losses and damages ....... ................ .............. 11.4.5.6 Materials and equipment 11.4.2 Minor expenses..... _......11.4.5.8 Payroll costs on changes.._ ............................. performed by Subcontractors ...................__ 1,1.4 3 Records 11.7 Rentals of construction equipment and machinery...... .__,_..... _..._... 114.5.3 Royalty payments, permits and license fees...,..._.._..._.....,_............._..11.4.5.5 Site office and temporary f ]cilities_ _ _.. _ ....,.11.4 5.2 Special Consultants, CONTRACTOR's,,,,_,...... I1AA Supplemental _..ilA.S Taxes related to the Work __jI,4.5A Tests and Inspection,, .. _ 13A Trade Discounts... -.,-11.4.2 ltilities,fuel andsanitaryfacilities ..... „1IA57 Work alter regular hours._ ..............................1 L4.1 Covering Work.. ...... ___.... _ .....,13.6-13.7 Cumulative Remedies Cutting fitting and patching........ _ 7.2 Data, to he famished by OWNER. . $3 Day --definition of ......... 17 > Decisions on Disputes .................................... 9.11, 9.12 defective--definitionof.... ... ._._.... ............. ...... 1,14 defective Work -- Acceptance of., ... -.10.4,11, 13.13 [ CW, (ffiNMAL (7O1T11)MOta 1910-8 (1990 F7)I110N) wt (ITX OF FORT COLUNS MODIFICATIONS (REV 91991 ('orrecti(mOrRemovalOf, _ ___.__1041,1111 Correction Period 13 12 in general_.. ... . _ _.. 13. 14.7. 14.11 .Article or Paragraph Number Observation by ENOINFER 9.2 OWNER May Stop Work _ _ ._ 13.10 pnnipt Notice of Defects .., ,_.. 13 1 Rejecting__ _.. __..... 96 Unawering the W(rL__.. _ 138 Definitions ._ . __... Delays......................................4.1. 6.29, 12 3-12.4 Delivery ofBonds ...... .......,.... ._._..._ 2A Delivery of certificates of insurance _ .-... ._.. 27 Determinations for Unit Prices ............... ... 9.10 Differing Subsurface or Physical Conditions -- Notice of 4.2.3 FNGIN7iF,R's Review .... 4 2A Possible Contract Docmnents Change ,_.. 4.2.5 Possible Price and Times Adjustments.__„_..__4.^_.6 Discrepancies -Reporting and Resolving ._.._.... ..__ __.._15, 3.3,1 6.14,2 Dispute Resolu6on- Agreement......................_........................16 1-16 6 Arbitration 16.1-16. gencra116 Mediation. .................. ................ _ _..... _.... .... 16.6 Dispute Resolution Agreement _... _._.116.1-166 Disputes, rkcisions by ENGINEER. ..... -........_..9.11-9 1 Documents-- Copics of.. 2' Record 6.19 Reuseof .... .. ..........._ ........ _.... .. _.____...3.7 Drawings --definition of. ....... .._......___1.Is ..._. Easements ................................... ........................ ..p.l Effective date of Agreement - definition gf,,,,,, 1,16 Emergencies.-_..--.. _ _. _. _... . _.._...... _. _ 623 ENGINEER -- as initial interpreter on disputes...... _. _.... 9. I 1-9.12 definition of 1.17 Limitations on authority and responsibilities, .... 9.13 Replacement of,_.. ...... . .......... ._..... ..__ Resident Project Representative... _.. . _........... _.. 9.3 E'NGINEER's Consultant -- definition of.... _... _..... .1.18 ENGLNEEWs-- authority and responsibility, limitations ar♦913 Authorized Variations in the Work....................9 5 Change Orders, responsibility for. ... 9.7, 10. 11, 12 Clarificationsand Interpretations _,. ....... 16 3, 9A Decisions on Disputes. ....... ...- 9.11A.12 defeerive Work, notice o ... ,. 13 1 Evaluation of Substitute Items .............. . ...... Ct 7 3 Liability...................................................4 3', 9,12 Notice Work is Acceptable__.._ _,........ _ . 14.13 Observations ..........................._.............. 0302, 9.2 OWNER's Representative. _ _.9.1 payments to the CONTR ACI-OR, Responsibility for _. _. _.....__ _........, 9.2 14 Recommendation of Payment... _ .. _.. 14..4, 14.13 Article or Paragraph Num ber Responsibilities --Limitations on ._119.11-9.13 Review of Reports on Differing SllbBltface and Physical CmtditionY _._ ._...___4.2.4 Shop Drawings and Simples, review responsibility ... _. _ .__......6.26 Status During Caisnuction-- aulhorized variations in the Wort: ...9.5 Clarifications and Interpretations-. _ __,........ 9.4 Decisions on Disputes.._ .__..... .. 12 Determinations on Unit Price 9.10 ENGINEER as initial Interpreter 9 11-9.12 MUNFFR'sResponsibilities, . ......._. 9.1-9-12 Limitations on E GINHER's Authority and Responsibilities.____ OWNER's Represuntai n e .. - _ .. _ _ _ . ............ 9.1 Project Representative RcjectingDefective Vyark................ ..............9.6 Shop Drawings, Change Orders and Priments 9.7-9.9 Visits to Site... _. 2 Unit Price determinations..__ __,...._......._...9.10 Visits to Site. .__ ._.9.2 Written consent required,._... .... ..... __ 7.2, 9A Equipment, Labor, Maier ads and ....................... 6.3-6.5 Hquipment rental, Cost of the Work_ ,__.11.4.5.3 Equivalent Materials and Equipment. _.... ...........6.7 error or omissions 6.33 Dividenceaf Financial Arrang.enients._.__..... ..._.RAI Explorations oi'physical conditit-is,,,,,,,,,,,,,,,,,,a 2.1 Fee, CONTRACTOR's--Costs Plus— ........ ......... ,...... 11-6 Field Order - definition of..___ ..... _ _- _ . _...._..__... .......1.19 issued by ENGINEER_ _... .... _........ .......... 3.6.1, 9.5 Final Application for Payment._ 14.12 Final Inspection...,,,... _ ........ _.............. _..............14A I Final Payment -- and Acceptance_ Prior to. for cash allowances _. _ _.,..._ ..............# 1.8 General provisions ..... ....... .._. ........,,.,17.3-17A General Requirements - definition of .................. ................................ ,,1.20 principal references IQ _. ;.6.6A, 6.6-67, 6.24 Giving Notice Guarantee of Work -by CONTRACTOR., 6 X 14.12 Hazard Coaitmunication Programs_. .,,_.622 Hazardous Waste-- defmition of....................................................1.21 general _ .,_......__... . 4.5 OWNER's responsibility for ............................... 7K.10 ElCDC (iLNERAL CONDITIONS 1910.8 (1990 EDMOM w( (:M 04' 1`00 ('01 UNS MODMOATIOM WN 9199) Indemnification- 6 12 6 16. 6 11-6 33 Initially Acceptable Scheduics 29 Inspection -- Certificates of _913 4, 135, 14.12 Final ... J4 11 Article or Paragraph Number Special, required byENGI1\1-,ER . .... ..... .. 9,6 Tests and Approval._-..___ . .. 7- 13 3-13.4 Insurance.. Acteptance of, by OWNER Additional, required by changes in the Work ' 1.4.5.9 Before starting the4ork-, ...... .. 2,7 Bonds and --in general Cancellation Provitions., Certificates of..____ 27.5, 5.3, 5.4.11, 5.4.13, ....................... 5.6, 5, 5,8. 5,14, 9 13.4, 14,12 completed operations 5A U, CONTRACTOR'sLiamity _5.4 CONTRACTORs olgcetion to coverage,.. ,......5.14 Contractual Liabiliq•.. ...... _5.4 10 deductible amounts, cON I -RAC. I OR's responsibility ................. _ .... ..................... ..5.9 Final Application for Payment . .. .... _14,12 Licensed Insurers Notice requircments, material changc:s.,, _5.& 10.5 Option to Replace 5.14 other special insurance,, ...... .... ... ... 5,10 OWNER as fiduciary for insureds., ..... 5 1 2_5, 13 OWNIER's biability_ , _ , 5.5 OWNEks Responsibility,, . .. .... . Partial Utilization, Property Insurance,,. _, ...... .. 5. 15 Property Receipt and Application of insurance PfOOccck ............... ................. . ...... _5J25 13 Special Insurance Waiver of Rights . . ...... _5.11 Intent of Contract Documents,......,_..._..., ....... 3. 1 -3.4 Interpretations and Clarifications. 163,9.4 Investigations of physical condition.5, ....... 1.142 Labor, Materials and Equipment _6.3-6.5 Lands and Easements_ ...... ..... .... ..... . ........ 8A Availabililyof.___ ....... .... .... ...... 4.1,8.4 Reports and Tests ... 8A Laws and Regulations --Laws or Regulations -- Bonds -5,1 Changes in the Work Contract Documents 3.1 CONTRACTOWsResponsabilities 6.14 Correction Period'defeCnVe Work,-.... 1111 Cost of the Work, taxes.- ............................1I 4,5A definition of I genera16.14 Indemnification, ....... .. x Insurance Precedence 313 Reference to 3.11 Safely and Protection.,_._._.._..620, 132 Subcontractors. Suppliers and Others _ 69-6 11 Article or Paragraph Number Tests and Inspections 13.5 Use of Premises , Visits; to Site Q Liability Insurance-- CONI RACl OR's OWNER'S.....- 5.5 Licensed Sureties and Insurers...... . ... ......... 5_1 Liens— APPlication for Progress Payment 142 CONTRACTOR's Warraintyof Title 143 Final Application for Payment ............... definition of Waiver of Claims Limitations on ENIGINE)IR's authority and respkq1sibilitles'. .913 Limited Reliance FA CONTRACTOR Authorized 2 Maintenance and Operating Mammls_ Final Application for Payment 14.12 Manuals (of others) -- Precedence Reference to in Contract Documents .......... ..... ... 3 11 Materials and equipment -- furnished by CONTRACTOR. 63 not incorporated in Work 14. 21 �4utcrialsorequipmcnt--cqui'vaicnt 45.7 Mediation (Oftional) , _ .... .... - ..... ....... . .. ...... 167 Milestonus--definition of ........................................124 Miscellaneous -- Computation of Times... . . ...... 172 Cumulative Remedies .... .. IT4 Giving Notice.... ............ . ............ 17.1 Notice of Claim 173 Professional Fees and Court Costs lnelu&(1...... 17.5 Multi -prime contracts Not Shown or Indicated... .... .. ... . .. ..... 4 3.2 Notice of -- Acceptability of Project ..... .. 14.13 Award, definition of 1.25 Claim. ___ ....................................... .. ..... ........................ ....... ... J.7.3 Defects,131 Differing Subsurface or Physical Conditions__„-, 4 23 Giving . ...... IT) Tests and Inspections 133 Variation, Shop Drawing I aw i : ng and Sa mple .027 Notice to Proceed -- definition OC., ....... ........... ................. 1,26 giving of _ ........ . ......... _ _. . . 2.3 E)CDC (ENMAL COINIXTIONS 1910.8(1990 H)JTJO�,r) wi(iTyc)rrover ('01.1.tNSNIODInCAIIOM(Rr.V9(W) Notification toSurety .,_...,-_ _-.. 10-5 Obscrvations by ENGINEEER Occupancy of the Work_ -, 5. I3, 6.30.2.4, 14.10 (:)missions (a acts by CONTRACTOR........... .... 6.9, 9.13 Open Peril policy form. Insurance.-,- . _ ,, _,..... 5, 2 Option to Replace ....... ........... .......... _......... ..... .._J.14 Article or Paragraph Number "Or Equal" Items_...........___.- ........_...,._.6.7 Other weak 7 ONertimeWork--prohibition of .... ..... ....__....... .63 OWNER- -Acceptance ofii4fective Work. ............ ..... _1113 appoint an ENGINEER ., _...... _................. _..8 2 as fiduciary ......... _..- ........_._.,..5 12-5,13 Availability of Land, responsibility ..... .... .......... 4.1 definition or __.,_627 data, furnish_.,_...._...._. .._.$-3 May Correct D> fechve Work . _.........................13.14 May refuse to make payment ...... ,. -.. _ _ ..... .........1,4.7 May Stilt the Work. May Suspend Work, Terminate_..__.._._....___8,8, 13,10, 15.1-li.4 Payment, make prompt..............1..1.. X 3, 14 4, 14.13 performance of other work..................................7.1 permits and licenses, requirements..._, ..... ...... 4I3 purchased insuranOerequirement4_...__......5.6-5.10 c" W-NER's-- Acceptance of the Work .... _ _ _ _6.3t1.2S Change Orders, obligation to executt.__.......8.6, 10.4 Communications... _ .......................................... 8.1 Coordination of the Work 7.4 Disputes, request for decision, _........,... 1 i Inspecliuns, tests and approvals 8.7, 13A Liability Insurance 5.5 Notice; of Infects ............................................... 13.1 Representative --During Construction, I:1Cf\rE'HR`s Status......_--.__...................._9.1 Responsibilities— Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.10 ChangeOrders .......... ................ ..._.............. .6 Changes in the Work, ..... _.- ..... ... ., .._..10.1 communications_......... _........ .....:...............8.1 CONTRACTORS responsibilities .................. S 9 evidence of financial arrangements _,,,,,...,.„8.11 inspections, tests and approvals. _ . ....... .... 7 insurance ..............._.... 83 lands and casements._ ......___...._........._..8.4 prompt payment by... _. _...3.3 replacement of ENGINEER._ _........ -........... .3.2 reports and tests ... _..,_...,...... _....,.......8.4 stop or suspend Work ................. 8.R, 13.10, 15.1 terminate CONTRACTORS services.__ .._._-__._...__..8,8, 15.2 separate representative at sitq....... ...................... 9.3 testing, independent _ _.._ .134 use or occupancy of the Work,_ _ 5.15. 6.30.2, 4. 14,10 written consent or approval required ....-._... _._ 9 1, 6.3, 11 4 EX'TX7 (A-_NFKAL cotawnoris i 9io4 oY9)Ct8'nom wi (IT4 (A% FORT C A11M MOT)MCATIONS iWN 9t99) Article or Paragraph ,Article car Paragraph 'dumber Number written nonce required _,_._-7 1. 9A. 9.11_ __._.. _ _... 112,111),14].154 PCBs -- definition of _ _ 1.29 general_.._.- _... 45 MINER'S responsibility for 8.10 - PilTIMI Ctilization-- definition of 1 28 general 63n?.4, 141() Property Insurance 5.15 Latent Fees and Royalties. ................ ............ 6. 12 payment Bonds ...__ _ 5,1-5.2 Payments, Recommendation of144-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPavirents _ _ 142 CONTRACTOR's Warranty of Title 14.3 Final Application for Payment,_......................14.12 Final Inspection __..,14,11 Final Payment and .Acceptance_ .. _ _. _.14 13-14A 4 general._............._.....................___.._8.3, 14 Partial Utilization_. Retomage......................................................... 14., Review of Applications for Progress Payments. Prompt Payment...__.. __._.... __..._....8.3 Schedule ofValues _. .. _. 14.1 Substantial Completion. _.. _ 14.8-14.9 Waiver of Claims............................................14,15 whcnpaynnentsdue...__ ................-...,....14.4, 14,13 withholding payment_ _,. _ _.. _,... 14.7 Performance Bonds. _. .._ 4; -{' Permits __..6.13 Petroleum -- definition of ..................................................... 1..10 general ................. OWN"ER's responsibility for. _... .......... .... .8.10 Physical Conditions -- Drawings of, in or relating to _ ____. __ _ 2.1.2 _4. F.NGINEER's review_ .................... ... ............._ 4.2.4 existing structures._. _ 4.22 general 4.2 1.2, Notice of Differing Subsurface or,. _ ..3'_.3 Possible Contract Documents t_hange........ ... _„41-2.5 Possible Price and Times Adjustments..,-,_ _ _., 4.2.6 Reports and Drawings ........ ...................... .........4,11 Subsurface and,,. _ .... _ _ .. SulxurfaccConditions__,-,,. Technical Data, Limited Reliance by CONTRAC'rOR.Authorized.._ Underground Facilities — general.........................................4.3 Not Shown or Indicaed_. _ -4.3.2 Protection of. ..... ....... .... .. ...... ..... 43,620 rib Shown or Indicated ..............._..-....__.....- .... ....... ..-4.3A Technical Data ..__ -.. _ 4.2.2 Preconstruction Conference„., _..............._........... ' preliminary Matters 2 Prelim mare Seh€dules_....-. _.................................... ?.6 Premises, use of...._ _.- ...__..._...., 6,16-6.18 Price, Change of Contract.._....._........._.........._._..I 1 Price. Contract --definition of Progress Payment, Applications for ....... 14.2 Progress Payment--retainage., _.. _.. 14.2 ['regress schedule, CONTRACTOR's..,_,..,,.,;2.fi, ..... 6.6,6.29, 10.4.15.2.1 Project --definition of ....... ............ ......, ,1.31 Project Representative-- ENGINBER's Status During Construction..... .. 93 Project Representative, Resident -definition of.. - 1,33 prompt payment by OWNER_. ....... ..................... ... 8.3 property Insurance -- Additional .............. __..............5.7 general5.6-5.10 Partial Utilization __.. ......_..5 15, 14.10.2 receipt and application of proceed ......... _..5,12-5.13 Protection, Safety and ............ ..._........... ..,620-621, 13.2 Punch list .....-..._ _ .____......-__... 1411 Radioactive "terial.- defntion of __.._ _.,....._... _.... ___._,. _.....,,.,...1.32 gencra14,5 OWNFFR's responsibility fur... _........................_8.10 Recommendation of Aayment............._..14.4, 14.5, 14.13 Record Documents _ ....-6.19.14.12 Records, procedures for maintaining,,.., -......-_. Reference Points 4.4 Reference to Standards and Specifications of Technical Societies_ ....................................... 3.3 Regulations, Laws and(or) ......................................614 Rejecting Defective Work . -... __.. _..,.,. ,9.6 Related Work— 'itSite......._.... _...._ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................... b.28 Remedies, cumulative ______..17.4, 17.5 Removal or Correctinn ofbefectiv.v! Work,,, 13.11 rental agreements. OWNER approval requited.,.. 11.4.5.3 replacement of ENGINEER. by CANER., Reporting and Resolving Discrepancies.....,...._....................2.5, 3.32.6142 Reports -- and Drawings__,.,.,._.. .... 4.2.1 and Tests, OWWWs responsibility, __. ,.. _.. _. 8.4 Resident and Project Representative -- definition of _........... _.... 1 33 provisionfar............................................................ 9.3 E)CM, Mffi MtAt, COi a91TI0i k% 191 a-S (1990 M nON) wP OW OF FORT COLLMS MODIFICATIOM (RFV 9199) Article or Patagraph Number Resident Superintendent, CONTRACTOR's__.__...,.6.2 Respomsibilities— CONTRACTOR's-in general ..... .. . .........._..........6 1 NGINEI K's-in general 9 L.imilations on_.... _.. .. _..9.13 Otl'NER's-in general._.. _8 Retautage ....... _.. ....._142 Reuse of Documents 3.7 Review by CONTRACTOR: Shop Drawings and Samples Dior to Submittal_, __ ................625 Review of Applications for Progress Payments.,.,.,,,,. . Right to an adjustment_ ..102 Rights of Way .._ _ ._.4A Royalties, Patent Fees and ...... .... .... ....................... 6.12 Safe Structural loading, .... _. _......... _. _........._........6-18 Safety - and Protection.4.3.2 6.16,6.18, ___...... __ 6.20-621, 7.2, 132 general ,_...... .................................................. ,(i.20-6.23 Representative. CONTRACTOR's.......................6.21 Samples-- definitiono(..._._.. _......._. _...,.1.34 general ........_................ .......... _......._..6.24-6.28 Review by CONTRACTOR _ 6.25 Review by ENGINEER ...... ....... ._.............Ca26, 627 related Work ..................._........ 6.28 subrainal of . .. _ 6242 submittal procedures ....... 6,25 Schedule of progress..,, _262.8-2.9,6.6, 629. 10.4, 15 2 1 Schedule of Shop Drawing and Sample Submittals.._..........................16, 2.8--2.9, G2a-6.28 Schedule of Values __............. _. ___2.6.18-29, 14.1 Schedules — Adherence to................................................15.21 Adjusting........... _. _ ... .........6.6 Change of Contract Times ......................... _.... ..10A Initially Acceptable. .. 2.8, 2.9 Preliminary..._ _.._ ,,,..2,6 Scope of Changes............ .. ............ 10.3-10A Subsurface Conditions..._..................................9.2 1.1 Shop Drawings -- and Samples, general_ ..... ....... ......... .... 6 24-628 Change Orders S Applications for Payments, and...._...____._.._.____,,..._..9.7-9.9 definition of ._ ......._,_.... .. 1.35 ENGINEER's approval of, _ .. ..... 3.6.2 ENGINEER'S resptxisibiltry . for review ..................................... 9.7, 6.24-6.28 related Work ........... ___...__._....._......_._.......6.28 review procedures ............................... 2.8, 624-6.28 Article or Paragraph Number submittal required _ 6241 Submittal Procedures _.,......-_.._ri 2C use to approve substitutions 6.7.:3 Shown or Indicated...._._..._.._..._...._...._........_...4..3.1 Site Access ._..__.. _. _._._.. 7.2.132 Site Cleanliness .._...._ __.._ 617 Site. `visits to -- by LNGINTEER ._ .92, 132 by others ._.. _. _. _.... _._... _.13_2 "special causes of loss" policy form, insurance E2 definition of _ ,. _5, 1 36 Specifications— de6nation of _ _ 1 36 of Technical Societies, reference to 3.3.1 precedence.,, ........ ................ . . .................. _ _3 .i.3 Standards end Specifications of Technical Societies .... _. _._._. ..... . _. 33 Starting Construction, Before_ _ _ _,. ,, _ _, ,,,... _ _ _, 2.5-'-.8 Starting the Work 24 _.... Stop or Suslxnd Work__ by CONTRACTOR ..... .................. _......... ..... ... I 5 by OWNER _. _ .... ....__ .. 188, 1310, I11 Storage of materials and equipment 4.1, 7? Structural Loading. Safety_. _._...__._ _._6,18 Subcontractor_ Conucrning....................................... _........6.8-6 11 definition of 1 37 delays -- waiver of rights_. _... 6.11 Subcontractors --in general 6.8.4511 Subcontracts --required provisions.,.__._, 5.11, 6. It- 11.4.3 Submittals -- Applications for Paymcut............ ................... ...14,2 Maintenance and Operation Manuals__ .. _14.12 Procedures, 5 6.2. Progress Schedules...._ ................_ ......__..2-6. 2.9 Samples .6.24-6.28 Schedule of Values .................................. _ 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions2.6, 2.8.2.9 Shop Drawings . ............ _.._ .. _....,... _ 6.24-6.28 Substantial Completion— certification ol, _. _... _.......... _.. _.. 6.3023. 14.8- I4.9 definition of ...................................... 1 38 Substitute Construction IAQethods or Procedures 6.7 2 Substitutes and "tr Equal" Items _67 CONTRACTOR's Expense _ _ .._ _ _ _ .6.7.1.3 ENGINEER's Evaluation _. 6 T3 � `fr-Eql"......._....._ _........6.7.11 Substitute Construction Methods lz,X-U' (TNFJtAt. coNix nONS i 9i o-8(two E;Dinox) w7 CITY (T FORT M.t.tNS N IODRICATIONS iREV 911i)1 Article or Paragraph Number or Procedures ............. _.., _. _....................6.7.2 Substitute Items .__... _.. 6712 Subsurface and Physical Conditions -- Drawings of, in or relatng to . _ _ _.. . _.... 4.2. 12 ENGINT-ER's Review _._ ... _ ........... _..__..4,14 general... ....__.__ ..__... ._..-....._.......,,4.2 Limited Reliance by CON7RACTOR Authorircd.... .__.._.__-..._-...._..422 Notice of Differing Subsurface or Physical Conditions....-_,_._._, ......._.._.42.3 Physical Conditions.....__.._ __... _.._.__......4.2.1.2 Possible Contract Documents Change,,,,,,,,,, 4:2.5 Possible Price andTimes Adjustments .. __._..4.2.6 Reports and Drawings.............._......................4'?.l Subsurface and ..:.,_................_......._........ ........, 4.2 Subsurface Conditions at the Site4.2.i.I Technical Data._....,,, Supervision_ CONITRACBMsresponsibility OWNIiR shall not supervise,... ..... ...................... 8,9 FNGI'KFER shall not supervise,,,,,,,,,,,,,,,, 919132 Superintendence...__..- _._ .._ _......__..,.._...._6.2 Superintendent, CONTRACTOR's residers.._.- ..... _. 6.2 Supplemental costs.. _._ _. _,.......11.4.5 Supplementary Conditions -- definition of. ... .._...-.... ,..._........... ._...,_...........,1..49 principal references to., .... __......... .IIQ 1,18, 2.2, 2.7, 7.2,4.3,5.1,53,5.4,5.6.5.9, $.11.6.8, 6,13, 74, 8.11.. 9.3, 9.10 Supplementing Contract Documents, 3.6 Supplier -- definition of,_...._............................._............1,40 principal references to,,,,,..,,., 3.7, 6.5, 6.8-6-11, 6.20, _6,214,9,13,14.12 Waiver of Rights... -. - .. . 6.11 Surety -- consent to final payment.,.. _ 14.12, 14.14 ENGINEFR has no duty to ............................ _ 9.13 Notification of _.. ......__.-._......_ .101, 103, 15.2 qualification of _.. -.... _... _...... _. _.. _.......... _.6. I.5.3 Survival of Obligations,.. _., . _...... -_. _ _.. _...... _ .... 634 Suspend Work, OWNER May.. __ , . .... ..... ..13.10, 15.1 Suspension of Work and Termination-- .......... .. . IS CONTRACTOR May Stop Work or Term inate......._..._-...__.__ .-....._....__.15.5 OWNER May Suspend Work __..---.. .....__....._15.1 OWNERMayTerminate .... _. 15.2-15.4 Taxes -Payment IYY CONTRACrOx_ _.. ,.... _...,...6.15 Technical Data -- Limited Reliance by CONTRACTOR _...,,,,,,... 422 Possible Rice and Times Adjustments.._..._.., 4.2.6 Reports of Differing Subsurface and Physical Conditions_ -_.................. xiv .......... .2.3 Temporary construction facilities__„ 41 ...................... Article or Paragraph Number Termination. - by CONTRACTOR byO1V'NER........ ....... ._...... ........... ...38, 15.1-15.4 ofENGINLER'semploymenl_ _ ._ ._ _ _ $._ Suspension tit Work-in general.....___ 1 Terms and. 4djectives.__.._. _.... 14 Tests and Inspections -- Access to the Work, by others, I3.'_ CONr RACTt yR's resxnsibil hies........................13, cost of 13A covering Work prior to,, ...... ..... ...............13,6-13,7 Laws and Regulations (or) ...... _ _. 13.5 Notice of Defects_ _.. __. 13.1 OWNER May Stop Work, 13.11) O%k'NFR's independent testing,, ............ _.., ...... 13 4 special, required by ENGINEER ....... 9.6 timely notice. required...,,, _............._.. . 13.4 Uncovering the Work, at ENGM-ER's request Times-- Adjusting.......................................................... 6 fi Change of Contract ...... ..........._.._.... 12 Computation of _. .........._ ........_._ _..17.2 Contract Times --definition Of— ..... 1.12 day 17.^_2 Milestones................................................ _......I2 Requirements-- clarifications, claims and disputes_.. .......... _9.11, 11?, 12 Ccmimencement of Contract Times,_,. _, _ . �_3 Reconstruction Conferencq ............................2.8 schedules. .................... ............ 2 6,10, 6.6 Starting the Work....... .......... -. 24 Title, Warranty of.__.......... Uncovering Work ....... ........ ..._13.8-13,9 Underground Facilities, Physical Conditions_ definition of .................. ................................ ,.1.41 Not Shown a Indicated._._.. _._.. -........ -_4.3.2 Protection of.......... 43.620 Shottn or Indicated ............................... _ _ 43-1 Unit Rice Work -- claims ,_.. _..,..,,1.1-9.3 definition of....................................................1.42 general 1L9. 14,1, 14.5 Unit Prices- generalll.3.1 Determination for... , . ,...._._..... 9.10 Use of Premises ........ ..... .._, ..... ..,,.6.16, 6.18, 6.30t2-4 Utility owners.............................0.13, 6,20, 7.1-7.3, 112 Utilization, Partial_ ....... -.... _. 1,28, 5,15, 6.302A, 14.10 Value of die work........ .......... ................................. 11.3 Values, Schedule of .................._..._.,2.6, 2.8--2.9, 14.1 rir TV 61ENMAL COMAT10N91910.9 i199a FU1T10N1 WOW OF FORT COMANS MODIFICATIONS (REV 9199) Variations in Work —Minor Authorized _.._..._.__ 625,627,95 Article or paragraph Number Visits to Site --by ENGINEER 9.2 Waiver of Claims --on final Pavmcnt 14. L5 Waiver of Rights 1-6, insured parties .,_"?.I L 6 11 Warranty and Guarantee. General--In� CON'f&1CToR _. _. _.6.30 Warranty of Title, CONTR\CTOR's_. _ -- .... _14.3 Work -- Access to 13.2 byothers, ................. ......................... _.............. ... 7 Changes in the _....._..,10 Continuing the _..__. _....... __629 CONTRACTOR May Stop Work or Terminate .._ _ _ _ _ _ 755 Coordination of 74 Cost of the,_ .....". _......., _......,,11.4-11.5 definition of..-.._..__.............__.._... -_.�_..__...1.43 neglectedbyCfjNTRACTOR 13.14 other Work.... _... J OWNER May Stop Work OWNER May Suspend Work .................... 13.10, 75 1 Related Work at Sne,7 1.7 3 Starting the., .. - .. _........... .._..=A Stopping by CONTRACTOR _ _ 15.5 Stopping by OWNER._ _ . .. __.....15.1-15.4 Variation and deviation authorized, minor 3.6 Work Change Directive-- claLnspursuantto............. „ „_10' definition of 144 principal references to __. 3.5.3, 10.1-10.' Written Amendment -- definition of, _......._ ..,.._1.45 principal referenm to, ..... ....... I 10, 3.5, 5.10,15,12, ....¢.6.2, 6.3?, 6.19, 141, 10A, ........_ _11 2, 121, 13.12..2, 14. 7.2 Written Clarifications and Interpretatictis ............... Written Notice Required_ by,CONTRACTOR .. _.. _............ _.. _- 7-1, 9.10-9.11, 10A,1L2.121 byOWNER 9.10-9.11, 10A, 11.2, 1314 xv cJCnc GSNMAL COMMONS 191 a.a (199a FotnoM wJ CITY Or rORT COUINS MODMCATION9 WN 9199) SECTION 00100 INSTRUCTIONS TO BIDDERS (This page left blank intentionally) mi E.K1Mt GFiNFR RL COMATIOM 1910-5 p99011-1177ONi w O Y OF FORT COIJANS MODIFICA77ONS (REV 9/99) GENERAL CONDITIONS ARTICLE I- DEFL'v'ITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the mcaraings indicated which are applicable to both the singular and plural thereof 1 I. Addenda --Written or graphic instruments issued lior to the opening of Bids which clarify, correct a change the Bidding Requirements or the Contract Documents. 1.2. 4reement-The written contract between OW'Nf;R and CONTRACTOR covering the Work to be performed Other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13. pp fication for Pa)vnent--The form accepted by RINGINC which is to be used try C:ON"FRACfOR m requesting progress or firm] payments and which is to be accompanied by such supporting documentation as is required by the Contract Domments. 14, Asbestos--lUty material that contains more than one percent asbestos and is friable or is releasing ashostar fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 15, Bid -The offer or proposal of the bidder sulmtitted on the prescribed form setting forth the prices for the Work to be performed. 1.6_ Bidrimg Docranenrs-The advertisement or Invitation to Bid instruotio its to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7 Bidding Regairementy--The advertisement or invitation to Bid. instructions to bidders and the Bid form. 1-8, Bands -Performance and Payment bonds and other instruments of security. 1.9. 0tairge Order -A document recommended by 1-2,4I1v"ER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10 Cantnid Documents -The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bondhs these General Conditions, the Supplementary Corditions, the Specifications and the Drawings as the EK9C OENMAL COMATIONS 191os 119" E(itim) wl CFIY OF FORT COLLIM MODIFICATIONS tREV 412ON) seine are more specifically identified in the Agreement, together with all Written Amenlmerts, Change Orders, Work Change Directives, Field Orders and E.'dGUNTEER's %Tinen interpretations and clarificatidats issued pursuant io parappaphs3.5, 3.6.1 and 3.6.3 ai or oiler the Effective Date of the Agreement. Shop 1>rawing submittals approved pursuant to paragraphs 6.26 and 6,27 and the reports and drawings referred to ui paragraphs 4.2A and 4 ' 2 are not Contract Documents. 111, Crmlract Pace -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of pnmgroph 1 l,i9.1 in the citre of t int Price W'ork). L12. Contract Times -The numbers of clays o the dates stated in the Agreement (i) to achieve Substantial Compleioi, and (ii) to complete the Work so that it is ready far final payment as evidenced by ENGiNEER's written roatnmerdation of final payment in accordame with paragraph 1413. 1.13. COAMUCTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. ckjectrve—An adjective- which when modifying the word Work refers to Woik that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14-8 or 14.10). 1.15, Drawings -The drawings which show the scope, octenl and character of the Work to be furnished and performed by CON7R4CTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective. but if no such dale is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1,17. ENGINEER -The person, t-irm or corporation named as such in the Agreement. LI& ENUTANEER's Canultam--A person firm or corporation having a contrail with ENGINTiER to furnish services as ENGINM's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions, LM Field Order --A wriucrr Order issued by ENGINEER which orders minx changes in the Work in accordance with paragraph 9.5 but which does not involve a change inthe Contract -Price or the Contract Times, 120, Genetnul Requirements --Sections of Division 1 of the Specifications 11-1 Narardotzv Wasre-The term Ilazsnrdo us Wasoe shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act f42 US(' Section 691)3) as amended from time to time. 1.22.a. Laps and R,,gidaiions; Laps or Regtrlalioru--Any and all applicable laws, rules, regulations ordinamom codes and orders of any and all governmental hodres, agencies, authorities and courts hat ing jurisdiction 122.b. La Ho/4&iys-_shall„br_t_h»e_hgli lays obxrvtJ by the CAN of Fort Collins. 1.23, Liens --Liens, charges security interests or encumbrances upon real property nr personal property. 1,24. Milestone• -A principal event specified in the 'Contract Documents relating to an intemednate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofAwaizl-A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 126. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a ooTA- to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CON] RACfOR shall start to perform CONTRACTOR'S obligations under the Contract Documents, 127. 00WER-The public body, or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Wort: is to be provided 1.2$. Partial Utilization -lase by OWNER of a substantially completed part of the Work for the purpose fox which it is imerxW (or a related purpose) prior to Substantial Completion of all the Work. 129, PCBs-Polychlormatel hiphenyls. 1.30. Pebnlsuw--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and I4.7 pounds per square inch absolute), such as oil, petroleum, fuel oil. oil sludge, oil refuse, gasoline, kerosene and ml mixed with other non -Hazardous Wastes raid code oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the i;cntrict Documents 1.32.1 Radioachre Adatetiat-Sourcc, special nuclear, or byproduct material as defined by the Atomic Energy Act of EKDt'<UNTRAL CON NTIOM 1910-5 (1990 E&jw) u•1 CI rY O! FORT COLUNS hiOOltICAT1QJ,;S tRfiy 412tio n) 1954 (42 USC Section 2011 el serf) as amended from lime to It 1 32.h, Rggdar_lCoti-rAg Howe•-Rel:ular working }ours arc defined as 7004un to 600tnr unless otherwise 115ediirthe 1:33Resident Pnvject Repeesentahve-Tbe authorized represeraativc of ENGINE -ER who may be assigned to the site or any part thereof. 1.34. Samples-Physu:al examples of materials. equipment, or workmantitip that are representative of sane potion of the Work aril which establish the standards by which such portion of the Work will be judged 1.35. Sage Uroxing.F-All drawings, diagrams, dlustratiots. schedules and other data or information which arc .Ts+eecifically prepared or assembled by or for CONTRACTOR attc( submitted by CONTRACTOR to illustrate some portion of the Work 1.36. Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 137 Subcontractor --An individual, first or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. .Substantial Completion -The Work (or a specifred part thereol) has progressed to the point where, in the opinion of F.'NOINF,•ER as evidenced by ENGL'VI ER's definitive celti6cale of Substantial Completion it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified hart) can be utilized for the purposes for which it is intended. or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGTNEFR's written recommendation of final lxaymcnt in accordance with paragraph 14.13. The terms 'substantially complete" and *substantially etnmpleted" as applied to all or part of the Work refer to Substantial Completion thereof. 139, Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1.40. S'appher A manufacture, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by COMI'RACTOR or arry Subcontractor. 1.41, Undergrotmd Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, ttmttels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials- ekctricity,, gases, steam, liquid petroleum products, telephone or other communication- cable television. sewage and drainage removal. traffic or other control systems or water 1,42, Unit Pfice Rork -Work to he paid for cm the hasis of unit prices. 1.43. Won( -The entire completed construction or the various separately identifiable pans thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or funashing labor and furnishing and iturrpnrating materials and equipment into the wruuuctiwr. anu3 performing or furnishing services mid furnishing documents, all as required Fy the Contmet Documents_ 1.44, Ifoti, Change Directive -A written directive to CONTRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revisicm in the ly'drk, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pamgraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not flange the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order follcming negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10 2. 1.45. Wntlen .-Imenchnen t--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the (contract Documents. ARTICLE2-PREL.MINAR] ,MATTERS Degveryy of Bontls: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Donds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Ctgries ofDocnmentr 12, OWNER shall f rmush to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be fitrnished upon request, at the cast of reproduction. Commencement of Contract Times: Notice toJahveed 2.3. The Contract Times will commence to run on the thirtiethday after the Effective Date of the Agreement, or, EXW OENEa-AL CONDITIONS 191041199e EMaa) car CITY Or FORT COLLttas woDlriCATIONS IREv 412wo) if a Notice to Proceed is given, on the day indicated d in the Notice to Proceed. A Notice to Roeced may be given at any time within thirty days after the Effective Date of the Agreement--tn-rt��-wil}-_tha-<'ontraot--Titms commettce laruwlatm- than-thry-infer-� day o€ Bid opening or the -thirtieth day after the kiflecbve I kite of the Agreemenh whichever date is earlier Storting the Ibork: '_A_ CONTRACTOR shall scan to perform the 11'crk on Ibe dale when the Contract Tintes commericc to rum. but no Work shall he dome at the site Prior to the date on which the Contract Tunes commence to runt Before titarhiag Canwaidion: -5. Before undertaking each pan of the Work, CONTRACTOR shall carefully study and crnnpare the Contract Doctshcnts and check and verify pertinent figures shown 8hereon and all applicable field measurements. CONTRACTOR Stall promptly report in writing to ENGINEER any conflict, error, ambiguity tv discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from F,NGINF,FR before proceeding with any Work affected thereby, hrnvever, CONTRACTOR shall net he liable to OWNF,R or ENGINEER for fitilure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten da}}x after the Effective Date of the Agreement (unless Sc specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: -6.1 a prelininary progress schedule indicating the times (numbers of days or dates) fix starting and completing the various stages of the Work, including any Milestones specified in the Contract Documers 2.6 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal anti the times for submitting, reviewing and processing such submittal; no__ case _will. a schedule be acceptable wfucE,_allows less than 21 calendar dens foe each m�iew by Engineer. 26.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into ctnnponent pans in sufficient detail to serve as the basis for progress payments during construction. Such prices will 'include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started CONTRACTOR arA-010444k shall eaefh deliver to the eNter OWNER with copies to F.NGINEF:R certificates of insurance (and Other evidence of insurance whsk either--Ef.ihanr-cr fnw-anktitierel +i;vnal—may fess rc ucsteo! _wOAi which CON�required to purchase and maintain in accordance with paragraphs 5.4. SA and 5.7_ lWoons0vation Conference: 2.8. Within twenty devs tiller the Contract Times start to run, but befcve am Wort: at the site is strrted a conference attended by CONTRACTOR ENGINEER and Others as appropriate will he held to establish a working understanding among the Parties as to die Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing ,applications for Payment and maintaining required records. inidally.-Iccepmbte Schedules: 29 Uniess otherwise provided in the Contact Documents, aileast-tent-day,4fiefere-sraHnti�)itt-efihrfirst APOIsat+e11-144"ent before anv work at the site begins, a conference attended by CONTRACTOR, FNCdNEER and others as eppr 16ate es toil by, 01VNER, will he held to review• ffor acceptability to EMNNFER asrecavided below the sehedulcN submitted in nccord-mue with paragraph 6 an4,?av1!im ).1. General. Requi amen CONTRACTOR shall have an additional ten days to make corrections and adjustmems and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to hw'(iiNfiFR as provided below. The Progress schedule will he acceptable to FNGINFFR as Providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGIIvEER responsibility for the sequencing, scheduling or progress of the Wort;. nor interfere wA or relieve CONTRACTOR from CONTRAC.7TOR's full responsibility therefor. CONTRACTOR•s schedule of Shop Drawing and Sample submissions w(t! be acceptable tp FNGLt3FFR as providing n workable arrangement for reviewing and Processing the required submittals CONTRACTOR', schedule of values will be acceptable to NG INFER as to fomn and substance. AKfICLE 3—CONTRACT DMUMENTSd 1NUNT &MENDLNG, RFUSF intent.• 3.1. The Contract Documents comprise the entire agreement between OWNER aml CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by ail. The Contact Documents will be construed in accordance with the law of the place of the Project. 32. It is the intent of the Contract Documents to EJCDCOEliElt.14t."OND1110.%1910.8 1199a Emilm) cat Ct1Y OF FORT COLLI?4, MODIFICATIOM (REy and)aa) describe a functionally complete Project (or part thereof] to be constructed in accordame with the Contract Documents. Any Work, materials a equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to Produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or eonatruction industry or trade mearving are used to describe Work. materials or equipment, suds words or phrases shall be interpreted in accordance with that mcaning. Clarifications and 'interpretations of the Contract f)ocuments shall he issued by FNGINE'ER as provided in paragraph 9.4. 3.3. Reference to Standards and S)meifications of Technical Societies; Reporting and Resorting Discrepancies 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization Or association, or to the Laws or Regulations of any .governmental authority, whether such reference be specific or by implication, shall mean the latest standard, s1w6ficattcm, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the E-4ective Date of the Agreement if there were no Rids), except as may be otherw•isc specifically stated in the Contract Documents 3.32 If, during the performance of the Work, CONTRACTOR discovers any conflict error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, mantras or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGDNTER in writing al (vice, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplem ant to the Contract Documents has bcen issued lw one of the methods indicated in Paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or L-NGINEER for failure to report any such conliiu, error, ambiguity or discrepancy unless CONTRACTOR knew OF reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in pamgaph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict error, ambiguity or discrepancy between the provisions of the Comract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (w•h(ahcr or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the ptovisium of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, speciticatiosm, manual, axle or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGTNEER or am, of FNGTNEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty cr authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3A Whenever in the Contract Documents the terms "as ordered", "as directed', "as required", "as allowed 'as approved" or terms of like effect or import are used, or the adjectives "reasonable', "suitable", "acceptable" proper' or 'satisfactory' or adjectives of like effect or import are used to describe a requirement, direction review Or judgment of ENGINEER as to the Work, it is intended thil such requirement, direction, review cc judgmcm will be I olely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such terns or adjective shall not be effea ve to assign to ENGINEER any duty or authority to supervise or direct the furnishing or pe "ance of the Work or any okay or authority to undertake responsibility contrary to the Provisions of paragraph 9.13 or any other provision of the Contract Documents Amenr&ng and Sapplemenrfng Con"a Documents•: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (1urmant to paragraph I0.4), or EK1)CaENBBAL COh"T1Ors 1910-9 (1990 EMM) w1C:17Y OF FORT MLUNB MODIFICATIONS (REV Q000) 3.5.3 a t}'ork Change Directive (pursuant to pamgmph I(t1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorimd, in one or more of the following ways. 3.6.1. A Field Order (pursuant to paragraph 9.5). 3.6. LN(ADNFIR's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGLN'EER's written interpretation or clarification (pursuant tii paragraph 9 4.) Reuse ofDocumenis. 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or orgarumtion per&xming or furnishing any of the Work under a direct or inailrect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thercol) prepared by or hearing the seal of F.NGiNFhR or ENGTNEER's Consulmnt, and (it) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of C)WN ,:R and ENGINMER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LA.AMS; SUMURFACE AN13 PHYSICAL CONDITIONS; REFERENCE POINTS ltvrilubilily ofLands: 4,1 OWNER shall firrim-A as itxlicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of --way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR ?uorl reasonable wrinrt raouessM OWNER shall identify any encurnbrantxs or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Do anent& if CONTRACTOR and OWNER are unable to agree an entitlement to or the amount or extent of any adjustments in the Contract Rice or the Contract Times as a result of any delay in OIVNER's furnishing these lands, rights - of -way Of easements. CONTRACTOR may make a claim therefor as provided in Articles l t and 12. CONTRACT OR shall provide fix all additional lands arid access thereto that may he required For temporary com1ruction facilities or storage of materials and equipment. l._'. .Subsurface and Physical f:anr6teons.: 42.1. Reports and Draiings: Reference is mask to the Supplementary Conditions for identification of 4.'_1 1 Subsurface Conchlrms: T1Rise reports of' e\plarations and tests of atrbsurfax conditions at or contiguuous to the site that have been unliml by ENGIN EER in preparing the Contract Documents. and 4_2,1.2. Physical Co n btions: 'Phone drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Undemrowtd Facilities) that have been utilized by ElsGLNFE•ER in preparing the Contract loocumenM 422. 1.Imfted Reliance by CrtYMC"TOR Anahanised' Techmeal Data: CONTRACTOR may rely upon the general accuracy of the technical data' contained in such repcxts and drawings, but such rcp.orts and drawitggs are not Contract Documents. Such 'technical data" is identified in the Supplementary Conditions Except for such rehan ce on such'technic.al dicta". CON rRACTOR may not rely upon ormake any claim against OWNER ENGINEER or any of ENGiNF.F'R's Consultamstvith respect to: 4 2.21 the completeness of such reports and drawings for CONTRACTOR's pu9xtse:.t, including, but not limited to_ am, aspects osl' the means. methods, techniques, sequences and pntcedurns of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.22.2. other data, interpretations, opinions and information contained in such reports or drown or indicated in such drawings, or 42.23 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any, such data, interpretations, opinions or information. 423. :bobce of Di fermg Subsurface or PhYsical Colzdr ivm� If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered of revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to reNuue a change in the Contract Io>cument& or 4.2.3.3. differs materially from that shown or EJUDC d3ENE1t Al. CONLA 11ONS 1910.5 41990 Er64an cal c1'ry OF FORT COLL@5 MODIM CATIONS IMN M1lIAWi indicated in the Contract Documents. or 4:2.3.4. is of an unusual nature. and differs materially from editions ordinarily cticuumered and generally recognised as inherent in work of the character provided for in the Contract Documents: then CONTRACTOR shall, promptly immedilately alter becwnutg uware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergcrtc:y as permitted by pamgraph6.23), notify OWNER and ENGINEER in writing abort such condition. CONTRACTOR shall nct firrther disturb such colriditions or perferm any Work in connection therewith (except at aforesaid) until receipt of written order to do so. 4.24. ENGINEERS Review. ENGINEER will promptly review the pertinent conditions, determine the n eemity of OWNER's obtaining additional enplonition or teas with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENIGINEER's findings and conclusions. 4.25. Possible Contract Documents Change: If I-AMINEER concludes that a change in the Contract Documents is required as a nsudt of a condition that mects one or more of the categories in paragraph 4-21 a Work Change Directive or a Change Order will be issued as provided in Article 1p to reflect and dtaument the consequences of such change. 4.26_ Possibte Price and 71mes rlctr'=tmrntr. An equitable adjustment in the Contract Price or in the Contract Times, or both, wilt be allowed to the extent that The existence of such uncovered or revealed condition causes an increase or decrease in CONTRICTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.23.1 thirough 4.2.3.4, inclusive, 4.2.6 2 a change in the Contract Documents pursuant to piragreph 425 will not be an automatic authoriattion of nor a condition precedent to entitlement to any such adjustment 4 2.6.3, with respect to Wort: that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.1 U and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Timers if; 42.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract price and Contract Times by the submission of a bid or becoming bound under a negotiated contract: or 4.2.64.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, inves6gatiort, exploraticxt test or study of the site and cromiguous areas required by the Biddinig Requirements or Contract Documents to be coralucted bv, or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2 6.4.3. CON'TRACFOR failed to awe the written notice within the time and as require) by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or "th of any such equitable adjustment in the Contract Price or Contract TIMM a claim may he made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER mid PNGMER's Comttitams shall nit he liable to CONTRACTOR for am claims, costs, losses or damages sustained by C.ON"TRACTOR on or in connection with any other project cc anticipated project 4.3. Phj*cal CoxrHlfons—Underground Facifides: 4.3.1. Shown or MJcared: The information and data 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 OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4:3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2 The coat of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such information and data. (ii) locating all Underground Facilities shmm or indicated in the Contract Documents,(iu) coordination of the Work with the owners of such Underground Facilities during epnsVuction, and (iv)the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.3 Not Shown or huiiealed• If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents CONTRACTOR shall, prrtm ly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EXI)C OENBHM. COND1110M 1910.8 (199a Ed aim) tie,'CI YOf FORT('OLUMM00tRCA110Ns(ILEV42(MI give written itonce to that owner and to OW ;vER and T NGTNiiGR f NGE— rER will promptly review the Underground Facility and determine ifs extent, if any% to which a change is required in the Contract Documenta to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect aril document such corriequetues. During uich lime. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 62O. CONTRA FOR shall may be allowed an increase in the Contract Price or an extension of the Contract Timm. or both, to the extent that they are attributable to the existence of any Lnderground Facility that was not shown or indicated in the Contract locuments tmd that CONTRACTOR did not know of and could not reasonably have been exppeectod to be aware of or tc have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract limes, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OR7\'F,R. ENGINEER and FNGINEFR's ConAiltams shall not be liable to C4 )NT RAC FOR for I ny claims, costs, losses or damages incurred or sustained lr, CONTRACTOR on or in connection with any aher project or anticipated project. Reference Pointy 4.4_ OWNER shall provide engineering surveys to establish reference points for constructs n which in ENGINEER's judgment are necessary to enable COVfR4CfoR to proceed with the Work. CONTR'CTOR shall be responsible for laying out the Wok. shall protect and preserve the established reference Points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost of destroyed or requires relocation because of necessary changes in grade.; or locations, and shall be responsible for the accurate replacement or relmlion of such reference poims by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1, OWNER shall be responsible for any Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown (u indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or pro ��'eeAV exposed thereto in contraction with the Work at the site OWNER shall not he responsible for any such materials brought to the site by CONTRACTOR. Subcontractors, Suppliers or anyone else for whom CONTRACTOR is resp)nsible_ 4,5C2. Cori`TRA(UTORshallimmechately= (4) stop all W101,41 irr atriditiorrand wts--f.;clatd-J�y`'-I'art+gapkt'6:=3}-ant}-{ii} Wilily such notice _ia._+wratannggl ..-G. WN]iIF--shall-promptly oorouh with-RNCANEER concerning the nectsaily (csr k)WtiLR to relom, a-qualified-vipert to evaluate --such -WvIi, 4f-VW. CONTRACTOR shall not be-roquaed-to-resume W ork irurttntMiotrW' trranv .t AOV-requZed -permils rotated -thereto -and delivered to 40-Ptwify" that such and any affeotedarea -is or has-been fit}s7xwif ,inn-wiv 'hie#such WeAf be end EY)N }'4va VOR as-ls ertsatlement-te or the - ant- any, C M1114- Frisu-eF-CtatWaet Wark--`acstrpa$e-at'-Suek speciaFennditionsx+nder-Which W<xlc ia-»gfeed'by-< 4hNFI2'AC-F4i}?� to-lr�+esa reed, aidte�party-ma-pravitled-in Artwkc-Il-andI2: CONTRACTOR -does rwt-agna to-restana-sucdt-work based -on afe or deer not eanditinrt�-tlrern-4)1�P1fiRmay-order-sueM }�tsu+ora-eF' the-ttitnrlr ltarardous eandition-or ;as offede, of eft io-be-&-l[eied-front Work-l&tS4NRli aatad-'am agree es tnmtitketnantm4rthesmoum a r extent -of an 1es- either patty may -make a cleimtherafta-as-luovided-in portion -oT- the -Work -perlbrmed-6y-OWNER's own foreea MlNherStnaC�fN(1aFM28-WNil'Arileie Z- 4-5 4--To ) awes -attd Regttlatiexv�--OWAiE3i---sln{I--it�entnify--and-hold harmless - CONTRAC OR -----S#ontmutos; 1- al :tea aos end ---the olueii-- ors _ empdOYaa�--a%enta -other eamsultaniF-attd-ref- each -and -any, of themdrarm ant-egaimFall-cle-aaft-losses-end ownrlegingertce: 443 . o-revealadat-the site E)CI)C (312IERAL CONM'nOM 1410.a (t94c Edmm) a;,,ca-nor Fomtevw,%3kimincA'rtoNstm vonoaal ARTICLE 5--130NDS AND INSDRXNCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bands, each in an amount at least equal to the Contract Rice as security for the faithful perfurmamx and payment of all CONfR,1C1 OR's ob igations wider the Corset Documents These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provickd otherwise by Laws or Regulations e8 by the Contact bucuments. CONTRACTOR shall also furncsh such other Bonds as are required by the Supplementary Conditions All 1londs shall be in the form prescribed by the Contract Documents occept as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Comparres Holding Ctrtifncates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Gcnemment Financial Operariorrs I.;.S.Treasun- Depanment. All Bands signed by an agent must be accompanied by a a;rtified crop of such agem's authority to act. 52. If the surety on any Bored furnished by CO?WTRAC.` 0R is d..clared a bankrupt or becomes insolvent or its right to do b usmes- is terminated in any state where any pan of the project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OAWFR. &J. f icensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bands and insurance required by the Contract Documents to be purchased and maimained by OWITR or CONTRACTOR shall be obtained from suety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance eompames shall also meet such additional requirements and qualifications as may be provided an the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWIv'LR with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNIiR or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall peragreplas 5.&-end-3�-hrreeF COATR4! TOR's Liability Insurance: 5.4 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below, which may arise out of or result from CONTRACI'OR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or mcbrectly employed by any of them to perform or hrmish any of the !Lott:. or by anyorc for whose acts any of them may he liable' 5.4.1. claims under workers compensation disability henefi n and other similar employee benefit acts; 5A claims for damages because of bodil}} injury•, occupational sid utcss ur d6sease, dr death of CONTRA("l'OR's employees; 5.4.3. claims for damages because of hodily injury, sickness or disease, or death of any person other than CONTRACTOR's employes; claims fix Alanragas- insured. -by customary pens rml injtery liabiliry coy erase which tie-mstairtc i' irrdireaUFrelatedto-tho-empkw)»arrt of �tslrpasdxm by F<='Aft'li,�Lt��=(dR.-ar-{ti}hy-e»y�dher--ptsxon-for-atw rrtFxr-reavdan; 5-4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 546 claims for damages because, of bodily injury or death of any, person or prgxrty damage aristrig out of the ownership, maintenance or use of any motor velucle. The policies of insurance so required by this paragraph 5A to be purchased and maintained shall! 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and.5,4,9 include as additional insureds (subject to any customary exclusidm in rchTmA of professional liabihry), OWNER, ENGINEER, bNGINEER's Consultants and any other persons or entities identified in the Supplementary Conditiom all of whom shall be listed as additional insureds, and include coverage fox the respective officers and employees of all vsuch additional insureds: 5.4.8. include die specific coverages and be written for not lest than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations. whicbcvcr is greater. 5.4.9. include completed operations insurance; E1CDC GENERAL CQ?J1J1'110tCi tRIU$ (t49a ERhml col Ct]T OF FORT C OLUM MODIFICATIONS adEV 441UOa) S.4.10. include contractual liability insurance covering CON'TRACTOR's indemnity obligations under paragraphs 6 12. 6 16 and 6.31 through 6.33 5A.11contain a provision or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least Briny days' prior written notice has beets given to OW"\Tk and CONTRAC I'OR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of ins rase has been issued (and the certificates of insurance furnished Iry the CONTRACTOR pursuant to p atagtaph 5.3.2 will so provide); 5.4.12. remain in effort at least until final payment and at all times thereafter when CONTRACTOR may be comv:ting, removing or replacing ckfective Work in accordance with paragraph 13.11_; and 5 4 13, with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fumtsh OWNER and each other additional insured identified in the Supplementary Cdarditiorm to whom a certificate of insurance has been issued evidence satisfactory to OUNM, and any such additional insured of continuation of Weh insurance at final payment and one year thereafter). 014"XER's Liability Insmtrance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5A, 01ANNER, at OWNER's orptiont may purchase and maintain at OWNTWs expetrse OLL'NTiRN own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance. 56._-_-IkiletsArther-wisee-provided im-the-Supplernenhify Curaiitiurrs� 9�V;SR--shall-_ parredxtse..,and--ttrairttein properifirviatininee upen theat-tfteaite-eti3reatncttMf4 Of. #*--full -n lncenterN oost-iheraof {sulyeat-tp -sash deductible- -amounts--es-array--be--providatl-... in_ the Supplemeraaty-..Conditions,-or- -required- by -..Laws --and Regulet*m*--This nsurntt dolt., 5 6 L---inepudic ---Ufa----- interests--- Of- , O NFA4; d'^TeP%N TOP' subromfoutats, 4;P;Q Pi SR& entities-itietftiliad-in-the-Sapp'+lartretrtury- C.mapitiontk each of wham is met-tdrMvrxn-etsurebk interest and shall be lfstedasan-insured arrAtdkiitieamt instua+d; 5.6.1 be written cat--a-Budaler'-s-Risk--"--atl-risk"--or lWA OF