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HomeMy WebLinkAbout202421 CUTLER REPAVING - CONTRACT - BID - 5778 HOT IN PLACE RECYCLING 30076SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 5778 HOT -IN -PLACE RECYCLING PROJECT Renewal 2007 City of Fort Collins MAY 2007 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 00650Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670Application for Exemption Certificate REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV D It is the intent of this project to be completed within fifteen (15) consecutive working days after work commences. Project Specifications — Page 5 of 13 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in a pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to the overlay. In the event they cannot be adjusted, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. All structures shall be adjusted to be 1/8" to 5/8" below the pavement. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shalt be removed and replaced with Hot Bituminous Pavement. HBP Grading SG shall be used in all locations except as noted below. In locations where a structure adjustment takes place and no overlay is scheduled, HBP Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1 1/2) to two (2) inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be Hot Bituminous Pavement Grading SX on residential, and Grading S on arterials or collector streets. Hot Bituminous Pavement used for "topping" material will be measured and paid for at the contract unit price for Patching. Pavement removal (concrete or asphalt) and placement of bituminous material (Hot Bituminous Pavement) utilized for structure adjustment, including Grading SG and "topping" material (Grading SX), shall be paid for under the contract unit price for Patching. The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. A mix design for Non -Shrink back fill shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Non -Shrink backfill -- also called Flowable Fill or Unshrinkable Fill -- shall be a Portland Cement Project Specifications — Page 6 of 13 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type 1/II. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (I"). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. 3. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type Adjustable Riser", including material (parts). The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (1') larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. This item will be paid for under "Adjust Manhole", not including bituminous material. 2. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Ring". Paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that operation utilizing one of the methods listed in the previous paragraphs. The adjustment will be paid for under the matching item. If the structure is adjusted during the grinding or patching operation, the Contractor shall place hot bituminous material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. Project Specifications —Page 7 of 13 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care as not to damage the new pavement surrounding the structure. The "topping" material shall be Grading SX on residential streets, and Grading S on arterial and collector streets. Grading SG shall be used for the bottom lifts as described in Revision of Section 403, Hot Bituminous Pavement — Patching. Subsection 210.04 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will be paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. Payment will be made under: Pay Item 210.01 Adjust Valve Box Pav Unit Each 210.02 Adjust Valve Box With Ring Each 210.03 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.04 Adjust and Replace Top Section of Valve Box Each 210.05 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each 210.06 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 2 t0.07 Tyler 6860 Series 26" Valve Box Top Section Without Lid (Part Only) Each 210.08 Total Valve Box Replacement Tyler 6860 Series, 30" Bottom Section Each 210.09 Adjust Standard Manhole < 24" Each 210.10 Adjust Special Manhole > 24" Each 210.11 Adjust Manhole With Ring Each Project Specifications — Page 8 of 13 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 9 of 13 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following DESCRIPTION This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement. Rehabilitation shall be done with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement in compliance with the lines, grades, thickness and typical cross sections shown on the plans or established by the Engineer. The work shall include compacting the rehabilitated surface. NOTE: This work shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin material all in one continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature. Turn Bays delineated by median curb will not be included in this project. Signal Loops will be lowered to a minimum depth of 6 inches prior to construction under separate contract Taper planing will be provided prior to construction under separate contract. MATERIALS Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and shall conform to Section 702.04 and revisions thereto. A manufacturer=s certification shall be submitted for each load of rejuvenating agent delivered to the project. The City shall supply sufficient cores at various locations representing the entire project in each city, to determine the bitumen content, absolute viscosity and penetration of the bitumen in the top 1 " of the pavement. The Contractor shall utilize this data to establish the type and amount of rejuvenating additive. The recommended amount, with the test data and core locations, shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval. Rejuvenating agent will be paid by the gallon of actual field measured quantities. Costs associated with producing the mix design will not be measured or paid for separately, but will be considered incidental to the work. Grading SX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. EQUIPMENT The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The equipment shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for evaluation by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no additional cost to the City. The recycling equipment shall meet the following requirements: Repaver Equipment The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating, scarifying (or milling), mixing, redistributing, and leveling the existing asphalt pavement to the specified depth of one (1) inch, all in a single pass. Project Specifications —Page tQ of 13 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT direction of the Engineer or City Forester The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be considered incidental to the work. The heating shall be sufficient to soften the pavement to the extent that it can be scarified or milled to a depth of one (1) inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt. To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to a width at least 2 inches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a previously placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat. Immediately following heating, the pavement surface shall be scarified or milled to the specified depth. The scarified material shall have a temperature between 225' and 265' F, unless otherwise directed by the Engineer. The material shall be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or as approved by the Engineer. Application rate for the rejuvenating agent may be adjusted as necessary to maintain a uniform mixture. New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method: The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being processed. After it is placed, and while it still has a residual temperature of at least 190' F, a one (1) inch layer of new hot bituminous pavement material shall be placed over it. Grading SX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. Compaction equipment shall be of sufficient type and size to compact the surface course to the required density. Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and as directed by the Engineer. • Depth of scarification may be varied. • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain a uniform mixture. • Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to maintain the design depth of combined recycled and new hot bituminous pavement. The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of temporary delineation. The temporary pavement marking tape shall be placed daily, on the former alignment of previously existing centerline and lane line striping, on the area paved. The Contractor shall be responsible to ensure accurate placement of the temporary pavement marking tape. Tape shall be reflective and uniform in color to the existing striping color they are replacing. The Contractor shall place the temporary pavement marking tape in two (2) foot strips, at twenty foot (20') maximum spacing. The cost of temporary pavement marking tape and installation shall not be measured or paid for separately, but shall be included in the cost of the Work. Temporary pavement marking tape shall be submitted for approval by the Engineer prior to construction. TRAFFIC CONTROL Traffic Control will be provided by the City of Fort Collins Streets Department under separate contract. Extensive coordination between the Contractor and the Streets Department is required. The Contractor shall meet with the TCS a minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project. In the event the project is delayed, the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work Project Specifications— Page 12 of 13 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT again. All work shall be performed between the hours of 7:00 a.m, and 6:00 p.m., weekdays, or as directed by the City Traffic Department. MANHOLES AND WATER VALVES Manholes & valves shall be adjusted immediately following the paving operation, using rings provided by the City, as described in Revision of Section 210, Adjust Manholes, Valve Boxes, Meter Boxes enclosed herein. WEATHER LIMITATIONS Weather limitations for work on this item shall be a minimum of 50' F, and rising. METHOD OF MEASUREMENT Heating and scarifying treatment will be measured by the square yard completed and accepted. Rejuvenating Agent will be measured by the gallon of actual material used in place. BASIS OF PAYMENT The accepted quantities of pavement recycling will be paid at the contract unit price per square yard. Payment shall include cleaning the existing pavement surface, heating, scarifying, redistributing, leveling, placing and compacting bituminous pavement. Asphalt rejuvenating agent will be paid for by the gallon used in place. Payment will be made under: Pay Item 405.01 Hot -In -Place Recycling 405.02 Rejuvenating Agent Project Specifications — Page 13 of 13 Unit Square Yard Gallon SECTION 02500 QUANTITY ESTIMATE una �....- ;pRoPiCsmTOTAL Todit F6Aft 3206 to n 1 JSW 71 SECTION 03500 PROJECT MAPS Miramont Area West Harmony Road SECTION 00610 PERFORMANCE BOND Bond No 37BCSE10468 KNOW ALL MEN BY THESE PRESENTS: that (Firm)Cutler Repaving, Inc. (Address) 921 East 27th Street, Lawrence, KS 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Fire Insurance Company (Address) Hartford Plaza, 690 Asylum Ave., Hartford, CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of $152 35100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 9th day of May 2007 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778: 2007 Renewal. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Paae 1 City of Fort Collins 2007 Street Maintenance Project Miramont Area City of Fort Collins 2007 Street Maintenance Project West Harmony Road - Hot In Place Recycling WIll' � Wr lat AM bG fL i s - � r, SECTION 00615 PAYMENT BOND Bond No.3713CSE10468 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Cutler Repaving, Inc. (Address) 921 East 27th Street, Lawrence, KS 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Fire Insurance Company (Address) Hartford Plaza, 690 Asylum Ave., Hartford, CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of $152,358.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 9th day of May 2007 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778: 2007 Renewal. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Pie 1 Unit Price Work _1 L9 Article or paragraph Number Valve of Work ... ..... __ ........ 113 Change in Contract Times -- Claim fai times adjustment,_ ....9 1, 4 2.6, 45, 5.15, 6.8.2, 9.4, 9.5. 9.11, 10.2, 10.5, 12.1. ' � 4� 13.9, 1113, 13 14, 17, 151, 15 S Contractual time limits_ � ....... ........... 121) Delays beyond CONTRACTOR.'s control 123 Delays beyond OANEWs and CONTRACTURs control 12.4 Notification or stirety, ......... ....... .................. -Jo-s Scope of change .. .. ........ _103-10A Change Orders— Acceptance of Defective Work ... .. 13 Amending Contract Docuimenls...........................3.5 Cash Allow-ances. , _111-11. -1-1111111 --- ­­­..", 11 9 Change of Contract Price ........ . .. ............ . ., H Change of Contract Times ....................................12 Changes in the Work ... .. .. ...... . ... .... . ....... j 0 CONTRACTOWs fee ........................................I L6 Cost of the Work-, 1 IA-1 1 , 7 Cost Records 1 7 definition 0(" emergencies_ __ _, _ ... _ ............ ... . ............. 6.23 ENGINEERs responsibility ..... . 9,8, 10A, 112, 12.1 execution of .................... ........................ ....... l0A Inalemnifiction. .........................612, 6.16, 631.633 Insurance, Bonds and . .. , ...... . _5 10, 11-1, 103 OWNER may AtTraintatc..,_ .......... ............. 15,245A 01NINEWs Reap onsibility, ..... ......... 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents..., . 6S 19 Scope of Change,, . ... ...... ...... Substitutes..,......_......._....._ 6.7.3, 6.9.2 Unit Price Work _J1,9 value ofWork, coVerixlbY'­'­­ ..... Changes in the Work, , . ..... . ... .......... .. ...... .... 10 Notification of=ety_ ....... ........ ........ _lo-5 OWNERs and CONTRACTORs responsibilities,_....,..._ ............ ........ ........ 10A Right to an adjustment, .......... ... . .. _ _ 10.2 SOON of _1 (I 3-10A Claims -- against comrRAcToR .. . ...... 6.16 against ENTOMER - . ...... .. ........ ......... . , 6,32 against OWNER...... _ .......... ........ 637 Change of Contract Pti . ... ..... , _ 9A, 11. 1 Change of Contract Times,, ...... .......... ..... .9,4,12,1 CONTRACTOWs,., ....... 4, 7, L 9A, M, 9 11, 1 0, 2, ....... 1 2, 11,9, 12, 1, 13 % 10, 155, 17.3 CONTRACTOR's Fee, 11.6 ATUCIO or Paragraph Number CON7RACTOR's habiliq ........... 54, 0 12, 6,16, 6,31 Cost of the Work 11,4,11,3 Decisions on Disputes,......_..-......__......,_ 9. 11, 9.12 Dispute Resolution„_.... . .. ........ ...... _,_J6.1 Dispute Resolution Agreement_ .... ...... _161-16.6 ENGIMER, as initial interpretor. . ..._...9.11 ... Lump Sum Pricing ... 1,12 Notice of J,73 OWNFVs. ... 9 4,9.5,9,M 102, 11,2,11,9 13.9,13.13,1.1.14,17.3 OWNER'sliability, .__-, ........................ .... _5_5 OWNER may refuse to make payment,_... .... ... .. 14,7 Professional Fees and Court Costs Included, ................ 175 request for formal decision on ... ................ ...... 9.,11 Substitute Items-.... _.__ . ..... .. .... . 7, 12 Tim a Extension,, ........................... ... . __1 11 Time requirements,,.,. „....... _, ........9.It, 12.1 Unit price Work, _1 1,93 Value of _J.13 Waiver of --on Final Paymcn;, ...... .......... J4,14, 14,15 Work Change Directive..,,,..,_ written notice require4_....... .. 11, 11.2, 12.1 Clarifications and Interpretations ..... .. 3.6.3, 9,4, 9.11 Clean Site ............. _ .... __0,17 Codes of'rcchnical Society, Organizution or Association ........ ____ ............. $33 Commencement of Contract Times 2.3 Communications -- general ......... __ ... ....... ......... ...... 62, 6.9.2, S. I Hazard Communication Prcgraw ...... ......... _ .0.22 Completion— Final Applicatiim for poyni enj ... ... __,j4j2 Final Inspection .... ....... ........ ....... KII Final Payment and Acceptance__ ......... ) 4.13-14, 14 Partial Utilization _ _ __ 14. 10 SubstantialCompletion ... ....... ..... 138, 14.8-14.9 1VVmvcr of Claims ............................................14.15 Computation of Times ....... ... ........ _17.2.1-17,2,1 Concerning Subcontractors, Suppliers mid CitherA ............................ .. ..... ....... Conference$— initially acceptable scheduler;. ............. _19 Conflict, Error, Ambiguity. Discrepancy -- CONTRACTOR to Report...... ........ 15, 33.2 Construction, before starting I-,iy C,ONTRACTOR ... ............. __15-2 7 Construction Machinery. Equipment, __ ' 64 Continuing the Work.,......_ 10.4 Contract Documents - Amending................ ............ ...... ........ 3_5 Bonds 5,1 W1 OTY 0r4 FORT COLUNS MODIFICATIONS WV 904) Article Or Paragraph Number Of Procedures ............. ...... ....... _ 6 72 Substitute items...__ 67 L2 Subsurface and Physical Conditions -- Drawings of, in or relating to._, ENGINHER's Review, 424 general, ., ,, ...... ....... 42 Limited Reliance by CONTRACTOR Authori7cd_ ... 4,22 Notice of Differing Subsurface or Physical Conditions_.......,__......_.__ Physical Conditions,_. ...... _4.13 4,2 . 1, 2 Possible Contract Documents Change,, ..... .. . 4,15 Possible Price andTimes Adjustments .......... 4,2.6 Reports and Drawings....... .... 4,2 1 Subsurface unit ..... __ .... ..... _ .... _ .4, Subsurface Conditions at the So 4,2 1 1 Technical Data-_. ........ ......... 2 Supervision— CONTRACTORsresponsibility,., OWNER shalt not supervise..................... ............ s,g FINGMERshall note Supervise .... ......... .9.2,9,13.24 Superintendence ............ ...... ......... Superintendent, CONTRACTOR's resident, . , .. ....... . SuPPICITIentul casts ............................................... j I A 5 Supplementary Conditions -- definition of ...... principal references ...... l(r, 1,18,'2 2, 23, 111. 1­1 11.1'.., _42,43, 5A_5.1. 5,4,5,6-3,9, ........... . . S. 11, 68, 6.13, 7.4, 9,11, 9.3, 9. 10 Supplementing Contract Documents......._ .... ........... 3,6 Supplier— definition of ...... __ ........... ....... j,40 Principal references 6,5, 6.8.6.11, 6.20, ..... .... . ... ,§,24, 9,13,14,12 Waiver Oi Surety-- consent to final payment ..... _ .......... 14.1 14,14 ENGINEER has no duty tQ__ ... ................... 9,13 Notificktion of ..... . ..... ...... _10�1, i 10_, 15,2 qualification of.._._._. 5 1-53 Survival of Obligations_..... .... .. ...... 6.34 Suspend Work OWNER May ................. .....13.1e1, 15.1 Suspension of Work and Termination--,, 15 CONTRACTOR May Stop Work or Term inale- 15.5 OWNER May Suspend Work, 14.1 ONVNERA4ayTeniiinate�,,_..,.,,,,.. ...... .... 15.2-15.4 loxes--Paymeru bycoN'rRAC*r0R­ 15 Technical Data-- _6 Limnod Reliance by CONTR.ACTOX ... __ ..... _422 Possible Price and Times Adpstments, . .... . .. 4.2,6 Rclxxts; ot'DiMringSubsurface and Physical Conditions, .................... 413 xiv `temporary Construction facilities, .4,1 Article or Paragraph Number Torminmion_ F�, CONIRACTOR by OWNER ..... 15J-15A Of ENGINEER's employment ......... , _ - _ F.2 Suspension of Work-in general .. ..... .. ... .... ... 15 Perms and Adjectiv&I ... ....... . ............ ......... ..... 3.4 Tests and Inspections.. Access to the Work, by others,._..._._ . ...... ... .. J12 CONTRACTOR's responsibilities,,,,,,,,,,,,,,,,,,,,,, itics, 13_5 cost of 13.4 coveting Work prior to .. ........... _116-117 Laws and Regulations (or)_ ..... . .. ..... . 13,5 Notice of Defects _13,1 OWNER May Stop Work __13,10 OViNER's independent testing ..........................13.4 special, required by , fiftiely notice required...,......_ ......... 134 Uncovering the Work, at ENGMEWs request, Times-- Adjusting__ .......... ............ ...... .6.6 Change of Contract.... .... 12 Computation of,. . 17,2 :, Contract Times --definition _j.12 day ... ....... 17.2_2 Milestones Requirements -- appeals .... y.10, 16 clarifications, claims and disputes, 1, 11 .2, 12 , -'OM mencement of Contract Times ... .......... 2.3 Prevoinstructiori Conference ...........................8 schedules ................. ......... .. .... 2,6, 19, 66 Starting the Work ....... 2A Title, Warranty of ...... _ ... ... ....... 14.3 Uncovering Work .......... __ ..... .. ..... ...... 11&13.9 Underground Facilities, Physical Conditions -- definition Of- ..................................................1.41 Not Shown or Indicated 4.12 Protection of_.._........_ .. ... 436 , .2t) Shown or Indicated ... 4.3.1 Unit Price Work-. claims 119.3 definition Of, .............. ......... 1.42 generall 1,9. 14.1.14.5 I. nit Prices — Use or Premises . ..... ..... ­11 . ... ...... _ 6,16, 6,18, 6,3024 Utility owners_...........................6.13, . .. .... .......... _0. 13, 6,20, 71- 7.3, 112 TAilization. Partial Value of the Work Values, Schedute of_ 2.8-19.14A 10LIX, (IENE.RAL COMATIONS 1914)4 (199i VI)ITI()N) W/ OTY OF FORT COLLINS MODIFICAMM WW 04e99) SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This work shall be performed on designated streets in the City Fort Collins as described in Section 02500, Quantity Estimate and Section 03500, Project Maps. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shalt be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins. Rick Richter 970-221-6798 Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. Page I of 13 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Project Specifications — Page I of 13 SECTION 00670 DR 0172 (12M) COLORADO DEPARTMENT OF REVENUE D6NVER cO eels' (303)232-2418 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a) p" Id The exemption certificate for which you area p plying must be 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 or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the 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, (Seereverseside). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. egistratlori ccom No. to be assigned by 89 - erlod 0170-750 (999) race name A ner, partner, or corpora a ne me Mailing address (City-, State,Zip) on act Person -Mail address Federal Emplil ertficabon Number bid amount for your contract ax um er /Business telephone number Colorado ithholdinq lax amount number E�60 jtqIRIM ame of exempt organza Ion (ass own on contract) 7xemptorganlza on s number 98 - Address of exempt organization (City, State, Zip) rmoipal contact at exempt organization: Principal contacts telephone number. Physical ocabon of project site (give actual address when applicable and Ci fies and/or County lies) where project is located) Scheduled Month Jay Year construction start date_ Estimated MorinaY Year completion date_ I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner. partner or corporate officer Tire o corporate Officer dale I (rbis gage left blank intentionally) EJCMDC GElx'L(iAL CC7M.>17 OXS 1910-9 (094) Et6tiol) 33 mtCITVarFcmr`rnLt.tr MOMFICA71Oxs(REvV2000) REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. Project Specifications — Page 2 of 13 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 16th day of May 2007. s. IN ENCE OF: .lcf�(. � aa.utty (Corporate Seal) IN PRESENCE OF: •i • (Surety Seal) Principal F, Cutler Repaving, Inc. (Title) 921 East 27th Street Lawrence, KS 66046 _ (Address) Other Partners By: By: Swret:r Hartford Fire I surance Company r! Judith A. Page, Attorney -in -Fact - (Address) c/o Johnston Insurance Agency 21 W. Gregory Blvd Kansas City, MO 64114 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or as directed by the Engineer. It shall be capable of applying a one (1) inch new hot mix bituminous pavement layer over the hot, partially compacted recycled mixture. Heating Unit This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and shrubs. It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the required depth without breaking aggregate particles or charring the pavement surface. Scarifying or Milling Units The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1) inch in one pass. Scarifiers or millers shall be equipped with separate, automatic height adjustments which allow clearance over manholes and other obstructions. Rejuvenating Agent Applicator This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved by the Engineer. The application rate shall be synchronized with the machine=s forward speed to maintain a tolerance within 5% of the specified rate. The Contractor shall provide detailed information regarding calibration within six months of the beginning of the project. Conveying System This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix bituminous pavement material to the finishing unit. Recycling Unit This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width being processed to produce a uniform cross-section, grade and texture of recycled material. Finishing Unit Rollers This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture. Rollers shall conform to Section 401 and revisions thereto. CONSTRUCTION REQUIREMENTS Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work. The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. If damage occurs, the Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc., at no cost to the City. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed under the Project Specifications — Page I I of 13 PROVIDED+ FURTHER, that the said Surety, and agrees that no change, for value received Of the Agreement or t extension of time + hereby stipulates to the Work to be + alteration or addition to the terms accompanying the same shall o an wa performed thereunder or the Specifications does hereby waive notice y y affect its obligation on addition of any such change, g this bond; and it to the terms of the Agreement or to�the tWork oor o the Specifications, time,n of alteration or PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. RACTOR PROVIDED, FURTHER, that the Surety Company business in the State of Colo P y must be authorized to transactrado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three one of which shall be May deemed an original+ this 2007. IN SENCE OF: (Corporate Seal) IN PRESENCE OF: (3) counterparts, each 16th day of Principal Cutler Rei�epavin ,Inc. By: 6 5 rvc, (Title) 921 East 27th Street, Lawrence, KS 66046' (Address) Other Partners IN P E- CE OF: suret, Hartford Fire Insurance Company B Y' By: Judith A. Page, Attorney -in -Fact (Surety Seal) v' (Address)co o nston nsurance 21 West Gregory Blvd g?may NOTE: Date Of Bond must not be prior to Kansas City, date Of Agreement. 6411E Partnership, all partners should execute Bond. CONTRACTOR is 7/96 Section 00615 Page 2 Direct Inquiries/Claims to: THE POWER OF ATTORNEY P.O. BOX" 03, 6 0A ASYLUM Y UMAVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-281099 X� Hartford Fire Insurance Company, a corporation duty organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Robert B. Fiss, Scott H. Fiss, Droste D. Milledge, Melissa L. Ory, Patrice M. Larson, Judith A. Page of Kansas City, MO their true and lawful Attorney(s}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and As corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. •`ynna,c.•i� �UIINI• iy?9 �€# i r87p r 3 Ja �yo *�ww ..� ''+iA ,: A��°� • q4. +.. r'•.`"F �.....r"F1 Xy�1979 11.0\4 pN.N Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ��t •.ram i + � ' Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of -A Yr �� VDU, Signed and sealed at the City of Hartford. / � � EDO,�T�,p: "l r879 _' I979 -sue ..' Itiuyti 4nr.N' fl \ tt Gary W. Stunper, Assistant Vice President POA 2005 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 OP ID M DATE(MM/DD/YYYY) CUTT. 2 05 16 07 .ZODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tohnston Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 West Gregory Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ansas City MO 64114 Phone:816-361-2423 Fax:816-333-4579 Cutler Repaving, Inc. Attn: Bob Veskerna 921 E. 27th Street Lawrence KS 66046 w V I=l INSURERS AFFORDING COVERAGE NAIC # INSURER A. Hartford Underwriters Ins Co. INSURER B. Hartford Fire Insurance Co 29424 INSURER C: Twin City Fire Insurance Co INSURER D INSURER E: 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POl Y EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 i X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FK OCCUR 37CQT1562 08/01/06 08/01/07 PREMISES (Ea occurence) $300,000 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO $ 2 , 000 , 000 R2rPOLICY }[ PLOC EC B X AUTOMOBILE LIABILITY ANYAUTO 37UENQT1563 08/01/06 08/01/07 COMBINED SINGLE LIMIT (Ea accident $ 1 000 000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTVDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIIf describe under REMBER EXCLUDED? If yes. SPECIAL PROVISIONS below 37WBQT1561 08/01/06 08/01/07 X TORV LIMITS TI- ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ 500 , 000 E.L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Except 10 days for non-payment of premium. Project: 5778 Hot -In -Place Recycling Project. City of Fort Collins, CO is named as Additional Insured las respects this project. CITYFOR City of Fort Collins, CO Attn; James B. O'Neill P. O. Box 580 Fort Collins CO 80522-0580 GANGtLL.ATi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) © ACORD CORPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 5778 Hot -In -Place Recycling Project: 2007 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Cutler Repaving, Inc. CONTRACT DATE: May 9, 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. 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: 101weems REMARKS: 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Cutler Paving, 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, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778. 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: Cutler Pavinq Inc. (CONTRACTOR) PROJECT: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778: 2007 Renewal 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 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. 7/96 Section 00650 Page 1 00330 BID SCHEDULE City of Fort Collins Bid No. 5778 Hot In Place Recycling Project - 2007 RENEWAL Item No: Description U)dt Price Unit Quantity Totai.Cost 405.01 Hot -In -Place Recycling / �$ SY 66500 $ �a7 O,70.Dr1 405.02 Rejuvenating Agent a 9p Gallon 5320 $- r 210.01 Adjust Valve Box $`,!� Each 16 $ / 210.02 Adjust and Replace Top Section o Valve Box Each 3 $ 210.03 Adjust Valve Box with Ring �$ dv Each 32 S a 7o?D.lTU - I 210.04 Adjust Valve Box with Screw Type Adjustable Riser Each 3 $ 210.05 Adjust Manhole with Ring %%� d� Each 54 ' $ TOTAL COST Signed aA�-, Address Company /droi'3 ldzi, Iye, Phone/Fax Check One: Individual Doing Business in Company Name ✓ Corporation Partnership 9V / E-A6r CZWn dr M5 F4J. 16a / 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: Cutler Paving, Inc. By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Cutler Paving, Inc. PROJECT: HOT -IN --PLACE RECYCLING PROJECT; BID NO. 5776: 2007 Renewal CONTRACT DATE: May 9, 2007 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for Hartford Fire Insurance Company (Sur(ity) on bond of Cutler Repaving, Inc. for Hot -in -Place Reycycling Project to City of Ft. Collins, CO 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 16th day of May 1 9007 Suret Company) artforc Fire Insurance Company By Ju4th) A,, Rage, Attarney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in-Fact. 7/96 Section 00660 Page I Direct Inquiries/Claims to: POWER OF ATTORNEY P.O. BOX 2103,690 BOND, T4 AS ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-2663488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-281099 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Robert B. Fiss, Scott H. Fiss, Droste D. Milledge, Melissa L. Ory, Patrice M. Larson, Judith A. Page of Kansas City, MO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �r'II �O ,Ma etas yrF legy �+' '°M g� ^ � `Yissar":. ►' 1t90r �ar�"'4 $aY 'rol�€.- r�vw°a°�" y-y �� I'e\(JTYt,F[YYI • t•NNI' l.,1 t979 i_e tD 70j i 'I ♦ � S.✓ ro�i �j.. ..iro4� i+�.... .c '19�./ :•��c, I9i9 � er_S�RyM1�A% �A -. !� • �t11t9 1 ��Y�,O,i,,,�n. +°R. Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0 Scott E. Pasch Notary Public CERTFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as df/ t� /�� �C 7 Signed and sealed at the City of Hartford. ie +. Ole 3� ; toar « . '4t-� �yI► � t••tMN to70 91 t 9/Fg" *��,000 • ro4 • iyinoO� SYnN" 'x'y'e: /11 Gary W. Stumper, Assistant Vice President POA 2005 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 exem ption 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 place 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 succeed- ing numbers will be issued by the Department of Revenue. DO NOT enterwhat you believe to be the next in sequence as this may delay processing of your application. 7/96 Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS MIMIR CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Docments Committee, EXI)CNo. 1910.8 (1990 11dition), as a base, Owges to that document are shown by underlining text that has been added and ariking through text that has been deleted. E JCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) WITH CITY OF FOXr COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Numlxr &,rule D U I N11, T I (IN 3 TABLF OF CONTENTS OF CIMERAT, CONTXTIONS Page Article or paragraph Number 'quinhar & Title H Addenda_. � ....... . ..... .. ..... . 11 Agrc=cut..........................................1 11 Application for Payment.,....,_.... 14 Asbestos..._ 1.5 Bid .... . .. ... ..... 1 6 Bidding Documents ... ...... . ...._.1 17 Bidding Requirements_ ...... II Bonds .................................................1 19 Change Order_....,...._ .. ............ .... 1.10 Contract Documents, ....... . 1.11 Contract Price I'l-1 Contract Times ......... ............ ...... 1,13 CONTRACTOR ......................1 1.14 defeeftiv .............................................1 1-15 Drawings .... .... . , , I'll., .­­ I I ­ 1 1.16 Effective Date of the Agreement, . _1 IA7 ENOMER........-_..._.._._.._.._........._.1 Its ENGINFERs, Consultant ).19 Field 1.20 General Requiremerits, 121 Hazardous Waite_.._._._.._ .... ... .2 1 22.R Laws and Regulations; Laws or Regulations.... ...... ............... 2 I 21b Legal Holidays, _.. . ... .. ................... ..... . ...... 2 1.23 Liens ... . ... ........... 2 1,24 lvfilestore._ .......... 1.25 Notice of Award 1,26 Notice to Proceed ......... ' ......... * ..... .. 2 1.27 OWNER , "............ 1.28 Partial Utilizacton ..... ............... 2 L29 PM3 ....... ........................ __2 1.30 Petroleum..__ ... ........ ........... ....... . 2 1.31 project......_.._ ..... ...... ... _ ........... 1,32.a Radioactive Material , ....... ...... . _. _. _ 13'2,b Regular Working Hour.......................2 133 Resident Project Representative....... 1,34 Samples._ ........... ....... ...... 1.35 Shop Drawings .................................. 1.36 Spocifietions, ... 1.37 Subcontractor 1,39 ..................................... Substantial Completion........_.. 1.39 . Supplementary Conditions,,,,,,,,,,,,,,,,,,,_ ..... 1.40 Supplier._.,_........_..__ ..' 1.41 Lfndergrknind Facilities, 2_3 1,42 Unit Price Axlork _3 1,43 Work _,3 1.44 Work Change Directive ... .... .. ... 1.45 Written Amendment Page Number PRELLNUNARY N1AT'11RS_ 3 11 Delivery of Bonds, ... . .......... 3 2- '1 Copies of Documents.._ ........... .... 3 2" Commencement of Contract Times, Notice W Procced 3 2.4 Starting the Work_ .. ........ .... ... 2.'­27 Before Starting Construction-, CONFIRAM OR's Responsibility to Report, pr4imiriary 9,dic(files, Delivery of Certificates of Tristrain,c_ 3-4 2.8 Preconstructien Ccmfcrcnce__ 4 2.9 Initially Acceptable Schedules- 4 CONTRACT DWJN4ENTS: NTFNrT, AMENDING, REUSE 3 �', 1-3,1 Intent__ .. ....... _4 33 Refetoxv. to Standards and Speci- tications of Technical Societies; Reporting and Resolving Dis- 3A Intent of Certain Term-. or Adjective,,.__ ................................. 3.5 Amending Contract .16 Supplementing Contract Ekicuments_._ . ... ............ .5 3,7 Rouse of Documents_ AVAU,APtLITY OF LANDS SUBSMACP AND PHYS1CAl, CONDITIOM REFERINCE POWS ... ......... ...... .. ..... ... .. ..... 4A Availability of Lands...__....... 4.2 Subsurface and Physical Conditions.-.1.,.."..­­ .- ­­­­16 42A Reports an4l)mwings......................0 4,22 Limited Reliance by (X)N'rRA(,,'- TOR Authorized, Technical Date 6 4,2 .,3 Notice of Differing Subsurface or Physicitl Conditiom....... ti 42A ENOMERs Review_ ......... 423 possible Contract Documents Change ... ... .. .. ... ..... .6 4.26 Possible Price and Tunes Adjustments_ , _ , _ , ,6-7 4.3 Physical Condtions--Undittground Facilities._ ....... .......... ­1­11­11 .... . 7 43.1 Shown or Indicated............_..., __7 43,2 Net Shown or Indicated ...... .......... ... 7 4.4 Refeucucepoints.' _7 EXVO M"AL COMATION1 1910-8 (MR) FIATIONf) W?ClrYOFFORT COI,IJNSMOrAFICAnONSW%V9,'99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4,5 Asbestos, PCBs, Petroleum, 6.25 5 Submittal Proceedures, CON- 11a2vtdous Waste or TRACTORS Review Prior Radi(mctive Material...... .. ....... _7-8 to Shop Drawing or Sample Submittal 16 5. BONDS AND INSURANCE 3 6.26 Shop Drinving & Sample Suhmit• 51-5.2 Performance, Paym cat and Other tale Review by ENG INUR ... _ 16-17 Bonds 6,27 Responsibility for Variations 53 Licensed Sureties and Insurers; From Contract Docum ents; ...... .. 17 Cenificales of Insurance, 8 628 Petaled Work Perfornafti Prior SA CONTRA(TrolCs Liability to LNGINEUR's Review and Insurance..........................................9 Approval of Required 5,5 OWNERs Liability Insurance-, _ _., , 9 Subm ittals, . ... .. ...... 17 5,6 Property Insurance ...... .... .. _., _"0 619 Continuing the Work- . ..... 17 5,7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance. ... , . .. ...... 10 Warranty and Guarantee... ...17 5.9 Notice of Cancellation Protision ........ 10 6.31-633 Indemnification 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations .............. IS for Deductible Amounts --- _. . _ � , J o 5.10 Other Special Insurance_ ... ... ...10 7 (TIT fFR WORK ...... ........... 18 5.11 Waiver of Rights ... _1 I 7. 1-73 Related Work at Site ... ..... ___J8 5.12-5.13 Receipt and Application of 7A Coordinationt, Is Insurance Proceeds ..................... jo-I 1 5.14 Acceptance of Bondm and Insw- S. OWNERS RFSPONSMATTFS .........................18 once; Option to Ropinoe................_..I I 8.1 Communications to CON, 5.15 Partial TAilization--Property TRACTOR.,_..._.............18 Insurance.... .. ...... ....... 11 8,2 Replacement of ENGINEER ..... _ _18 83 Furnish Data andPay Promptly 67, CONTRACTORS RESK.NSIBILITIES............. i I When Due .......... ....... _ 18 6. 1-6.2 Supervision and Superintendence ... 11 SA Lands and Easements, Reports 63-6 5 Labor, Materials and Equipment. 11-12 and Tests.......... ". 18.19 6.6 Progress Schedule..,_ .. _ _ _ __ ...... _12 8.5 Insurance ....... ...... . ____ ....... : 19 67 Substitutes and "Or -Equal" Items; 8.6 Change Orders ....... ........... .... ...... 19 CONTRACTOKs Expense; 8.7 Inspections. Tests and SubAitute Construction Approvals...................................19 Methods or Procedures; S'8 Stop or Suspelid Work, RNIGINER11% Hvithiation .... __-.12-13 Terminate coNTRAcrows 61-6.11 Concerning Subcontractors, Services_ .... - .......... ... _'__ ..... 19 Suppliers and Others; 8.9 Limitations on OWNERS Waiver of Righls,. _ . ..... __ ......... )3-14 Re'vonsibilides " - '. � ... ... .... _'.19 612 Patent I= and Royalties...................14 8,10 Asbestos, PCBs, Petroleum, 6.13 Permits..._ ___ ..... ... .... ... _ . __ _14 Hazardous Waste or 6,14 Laws and Regulations .. ..... ........... . J4 Radioactive Material J9 6.15 Taxes......_.....__..__ ...... .. ..... 14-15 8.11 Evidence of Financitl 6.16 Use of Promises 15 Arraqemcnts 19 617 Site Cleanliness_ ..................... 15 6.18 -We Structural Leading ........... _1 5 9, ENGINEER'S STATM DLWNG 6.19 kiecordDocuments-, .. , , , 5 STRUCTION CON' .... ...... .. 19 6,20 Safety and Protcctton_,__ . . 9.1 OWNERsReprosentahve, 6.21 Safety Representative .... ......... ..... 16 9.1 Visits to Site _19 19 622 Hazard Communication Progrrrms, _., 16 93 Project Representative- 19-21 623 Emergencies............ ........... .......... 16 9.4 ... Clarifications and Triterpre- 624 Shop Draw4s and Samplel ...... tationq, ..... .... _ ... _ .21 9.5 Authorized Variations in VWk 21 FXWOENMAL CONI)MONS 1910-8 (1990 fir)illor4i WfOITY OF FORT COLUMMODIFICATIONS XFV9/W Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title Page Number 9,6 Rejecting Defective Work ... ......... . .,11 118-119 Lmeovw ing Work at ENO I - 97-99 Shop Drawings, Change Orders (T-ER's Request. ... ... 17-28 and Payments ....................................21 13,10 1 OWNER %MaN Stop the Wcfk ..... 18 9.10 Determinations for Unit Prices_,__„ 21-22 . 13,11 Correction or Removal of V 1 1_9. 12 Decisions on Disputes, ENCYJ- Defective Work-__. ...................28 NEER as Initial Interpreter, .. .......... 22 13.12 Correction Period,._,_....... . � __ 2S 9,13 Limitations on ENGINEEZ. ; 13.13 Acceptance cit'Delective Work_ 28 Authority and Resporrin6ilifips__",23 t1,14 OWNUP May Cmect Defective Work, 29.29 CHANGES IN THE WORK_ ... ........... .. ....... �23 10A OWNER's Ordered Change.., . , .... _ ... I A3 14, PAYMENTS TO CONTRACTOR ANT) M2 Claim for Adjustment .... ......... .... 23 CM4PLETION ........ .. .... ....... 'iq 103 Work Not Required by Contract 14A Schedule of Values ._ .... ....... �9 Documents ................ . ... .. ............ 23 14.2 Application for Progress 10,4 Change Order$ ........... .... .... ........ 23 Payment ....... ... ...... ............ 29 M5 Notification of Surety. ,23 14 1 CONTRACTOR's Warranty of Titlez .......................................... CHANGE OF(X)NTRACT PRICR 'I 14,4-14,7 Review ol'Applictitions for 11.1-113 Contract Price-, Claim for Progress llaymcm.A_...... __ .... 29-30 Aqiu3im ent, Value of 1*8-149 Substantial Completion, ... ... . ... . , 10 the Work.._.__._....... _.......... . . 23-24 14.10 Partial Utilization .... ... ........ ... 30-31 11.4 Cost of the Work ................ ......... 24-25 14.11 Final Inspectiort ........... ................. �l 115 Exclusions to Cost of the Work .......... 25 14.12 Final Application for Payment_ ...... 31 If,() CONTRACTORS Fet........................25 1413 -14 14 Final Paymentand Acceptanoe_. _31 11,7 Cost Records _ ....... .J-26 14AS Waiver of Claims 31-32 11.8 Cash Allowances ............. . ..... .. . 26 IL9 Unit Price wofkk . .. ......... ........ _26 15- SUSPENSION OF WORK AND TERMNATION ................ .................... _32 CHANGE OF CONTRACT TIMES ............................26 15A OWINERMay Suspend Work ........ _32. 12-1 Claim for Adjustment 26 151-15A OWNER NUy Terminate 12 12.2 Time of the Essence . . .. .............. .... 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORs Work or Terminate,, .... 32-33 Control 26-27 12A Delays Beyond OWTNEKs, and 16, DISPUTE RESOLUTION � ................. 33 CONTRACTORN Control ................27 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DPY11'C77J/711* WORK 17 131 Nutice, ...............................27 13.2 Access to the Work_ .. .. ........ ' '7 U.3 Tests and Inspections', CONTRACTORs Cooperation_ _27 13.4 ONWER's Responsibilities, Independent To -sting Laboratory 27 13.5 CONTRACTOR's Responsibilities_ 116-117 Covering Work, Prior to tnspec- Lion, Testing of Approval ... ...... 27 17, MISCELLANEOUS 31 17.1 Giving Notice ... ................. _ ........ 33 17.2 Computation of Times . ....... _ _33 173 Notice of Claim....., ... ..... 33 I7.4 Cumulative Remedios, ... ... _____33 17.5 Professional Fees and Court C"cista Included 17.6 Applicable State Laws,...,,. ..... 33-34 Intentionally left blank,..._,__...-...._ ....... ........... 35 E011BIT GC -A. (Optional) Dispute Rmlutioa Agreement I& 1- 166 Arbitration...._ ,.GC -AI 163 Mediation __C C-Al FXAX: (IONERAI, CONIXIIONN 1910-8 (1991) 101.1710N) W CITY Or FORT COLUNS MODIFICATIONS (RT.V 9/99) INDFX TO GENERAL COMMONS City of Fort Collins iris modifications,; to the General Cnndrtions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance- of -- Bonds and Insurance ... .............. ..................... 5,14 defective Work ......... _,10A 1: 13,5,13-13 final payrnent_., , _912, 14 15 insurance .. ................ ...... ........... .... ........... 5.14 other Work. by CONTRACTOR .7.3 Substitutes and "Or-] alItems 671 Work by OWNFI? 2. 6,30, 6.34 Access to the -- Lands, OWNER and COKTRAC'T'OR responsibilities....,.._ ,, _, _ ........... _4.1 site, related Work_.._..........._____ . . ........ 7,2 ........ ___,13.2, 13,14,14.9 Acts of Omissions—, Acts and Cirnissions*- ('(W]'RA(,'.TOR 6 9A, 9,133 LNC I ma.; R . ... ... ... 6.20, 9,133 OWNER,.._...._ .. ...... .......... ....... 0.20,89 Addenda --definition of (also see definition of Specificaticars) .......(1. 6, 1, 10, 6,19), 1.1 Additional Property Insurarice§ ................................. 5.7 Adjustor ants — Contract Price or Contract Times .................. 4.3.1 4.5,2. . ....... 4,53, 9A, 9.5, 10-2-10.4, 111, 12, WX 151 progress schedule,....._.._ .... ..... . ......... g.6 Agreement— definition ....... ...... 'All -Risk" Insurance, policy lewm.... ........... ....... . 5,6.2 Allowances, Cash ... , .. ........... _ ...... . _ ....... ... . ....... 11,8 Amending Contract Document; ..................... 3.5 Amendment, Written — in general,..._........ . J. 10, 1.45. 15, 5, 10, 5, 12, 6.6,2 0.8.2. 6-19,10,1, 10.4.11.2 ...... 12 1,1112,Z, 14.72 Appeal, OWNB-.R or CONTRACTOR intent to.._._......_...._..,..... l.10, 9.11, 10.4, 16.2, 16,5 Application for Payment -- definition of....__ ... ..... ........ _ ........... - ...... 33 ENGINEEKs Responsibility......_.....__ ......__.... 9,9 final payment, ... ... . 9,13A 9,13 5, 14,12-14 1 5 in general.... .. 15.5 prowess payment., review of Arbitration __16,146,6 Asbestos -- claims Pursuant thereto.......... ... ..... . 4 5,2, 4.5.3 CONTRACTOR authorized to stop Work ...... definition of, IA Article or Paragraph Number OWNER respnnsibility for-. 1, 8.10 possible price and times chanp, ..... 4. 5. 2 Authorized Variations in Work_ __ .3.6, 6.25, 6,27, 95 ,'Availability of Lands... ... ... . . ..... . ...... , , AL 8.4 Award, Notice of --defined ......... .. . ......... ...... 125 More Starting Construction .. ....... .... __ 11.5-2, S Bid --definition o........................1.5 (1, 1, 1 10, 2.3, 33, .. . ­1 ...4.2.64, 6.13, 11,4.3. 11 .9, 1) Bidding Documents —definition of ...... ........ 1,6 MU 2) Bidding Of Ponds -- acceptance of ........ .. ................5.14 additional bonds _10.5, 11.4.5.9 Cost of the Work_ , ..................... ............. 11,5A definition of.,, 8 delivery of ..... .......... _ ...... ...... 5.1 final Application for Payment general .............................. ......... L 10, 5,1-5, 3, 5,1 )4,7,6 Performance, Payment and Othet., _ ........... 5.1-52 Bonds and Insurance --in general ................................5 Builder's risk "all-risk' policy form, ................. ...... 5.6-2 Cancellation Provisions, Insurance, _., 5.4.11, 5,8, 5.15 Cash Allowances_, ............ __ .......... _ ........ .......... ILS Certificate of Substantial Completion 1.38, 6.30.2.3. ___14-8. 14 10 Certificates of InspLatiori...................9.13.4, 13.5. 14-12 Certificates of Insurances......... _.2,7. 5.3, 5.4,11, 5431 5.63, 5,8, 5. 14, 9.13.4, 14,12 ........ Change in Contract Price. - Cash Allowances S claim for price adjustment... .......... 4. 1, 4.16, 4.5, 5,15, 6,8.2, 9,4 A5, 9, 11. 10.2, 105, 1 U 1191 1.1.11-11._ .... 13,13, 13,14, 14,7, 15.1, 15.5 COVTRACTORs fec___ ...... 1.6 Cost of the Work general ... ............... ...... ........ 1.4-11.7 Exclusions to IL5 Cost Records A 13 in general.,._..,, ,,..1.19, 1.44, 9, 11, 10, 4,2, 1 0A.1 I I Lum p Sum Pricirig.................. ... ............ 11. 12 Notification of Surely Scope of,,_ ....... .. ........ --- 10.3-10.4 Testing and Inspedim Uncovering the Work_ . ...... t3.9 EXXX�, OFNERAL (7,01,00rIONS 1910.8 (1990 EDITION) wl C77Y OF FORT COUM MowrrcAmNs (PFv gim SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 9th day of May 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 Cutler Repaving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 25th day of April, 2003, entitled Specifications and Contract Documents for HOT -IN -PLACE RECYCLING PROJECT, Bid No. 5778, City of Fort Collins (hereinafter called The 2003 CONTRACT)and all portions interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2003 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until March 1, 2008. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneousmulti step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, 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 15 consecutive working 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 30 calendar days of Substantial Completion. 9/12/01 Section 00520 Page 1 Cash Allowances,, . .. ..... Article Or paragraph Number Change of Contract Price.............._,...........,.....,11 Change of Contract Times 12 Changes in the Work.._....._...............__10,4-10,5 check and verily,, _ ..... . ... ............ 2,5 Clarifications and Interpretations,,, .... .......... .... _1,2. 3.6, 9.4, 9,11 definition of... 1.10 LNUINEER as initial interpreter of . ..... 9 11 RNOMERR as OAXIiR's qj genora13 Insurance Intent .... 3,1-3.4 minor variations in the Work._, .. .... .. .. .... 3,6 OWNER's responsibility to furnish data ...... . . 8,3 OWNFR*s responsilialityto make Prompt payment — .... . .. _83, 14-4, 14 13 precedence.... ............ __ __ 11- 3 —.], 3.3.3 RecordDocuments__ ............. _ , _0.19 Reference to Standards and Specifications of Technical Societie4 ...................................3.3 Related Work..._ ............... ___ ....... .... _7,2 Reporting and Resolving Discrepanci". ...... . 2.5, 1,3 Reuse of., I - 11 1 — 1 -11' 1. 1113,7 Supplementing—. . ....... ....... ..... .. .. _3.6 Term mation of ENOtNEHRs Employe ent ..... .... x2 unit Price Work ......... .......... ...... ................ 11,9 variations ...... ................. 3�6, 6-23, 627 Visits to Site, INGINEERs 9.2 Contract Price.. adjustment of, ......... .__15, 41, 9.4, 103, 11.2-113 Change of ... ....... . .. .. ...... _ , _- 11 Decision on Disputes ........................................9.11 definition Contract Times-- adjustrn ent of— � ......................3.5, 4.1, 9.4, 10.3, 12 Change of:-......_......._ .. ........ ....... JZI-12.4 definition .....................................................112 CONTRACTOR — Acceptance of Insurance_,, _5,14 Contra unieatiar14 ... ...... __ ... ...... 6,2, 6.9.2 Continue Work, ............. ...... -- ... ...... ..... 6.29,10,4 Coordination and scheduling 6,92 definition of..............................1,13 Limbed Reliance on Technical Data Authorized 4.12 May Stop Work Or T erm biate .... .153 provide site access to othel-s'. 7.2, 13 2 Safety and Protection_ ... ......4.3.1.2, 6.16, 6 18, ........ 4-1-1.1-1 ........ ..... 6,21-6.23, T2, 13-1 Shop Drawing and Sample Review I`tioF to Submittal.—, .................. ...... _0,25 Nii Stop Work requirements ........... 452 CONTRAC71OWs— Article or Paragraph Number ('ximpersation " ,, , , " , 11.1-11 2 Continuing Obligation,,,___.... .............. _ ...... . 14. 15 Defective Work... .. . ..... ... ...... , -9.6, 13.I0-13.14 Duty to correct defective Work...... . ....... Duty to Report -- Changes in the ANTork caused by Emergency ........... ........ 6,23 Defects in Work of Others_ .......................... 7.3 Differing conditions ...3 4.2 Discrepancy in Documents_.,,,,. 25, -1.3 2, 6,14:2 Underground Facilities not indicated„_.,,,., 43.2 Emergencies...._...__ ....... .... .... . 623 Equipment and Machinery Rental, Cost Of the Work,,,,,,,... .... .... ...... .... _ .... 11,4,53 Fee —Cost Phis..__..._ .. .... _ 11 43 6, 11.5.1, 11,6 (jenenal Wariarrity and Guararrtcg. ........ .......... . .0,30 Hazard Communication Programs, _ ... ........ . &22 Indemnification, . ..... ....... . . _6 IZ 6,16, 6.31-6.33 Inspection of the Work ............................... 7-3, 13-4 Lubm, Materials and Equipment . ................... 6,345 Laws and Regulation-, compliance by", 6,14.1 Litibilityinsurance_..... Notice of Intent to Appeal, obligation to perform and complete the'WOrk 0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, . 6,12 Performance and Other Bonds. 5 1 Permits, obtained and paid for by__ ..0,13 Progress Schedule...._......,. ... .. _ � �.6, 2.8, 2.9, 6.6, . - -- — . —Ji19, 10A, 15-2 1 Request fia'iixnia'l docisirmon disputes, ...... __9 I I Responsibilities — Changes in the Work 10,1 Concerning Subcontractors, Suppliers and Others,,,.,., _. ...... ............ 6.8-6.11 Continuing the Work,, _ _ � ..................6.29, 10.4 CONTRACTORs expense— CONTRACTOfVs General Warranty and Guarantee,,,,,,,,, .... 630 CONTRACTORs review prior to Shop Drawais or Sample subinittal, .. ..... . Coccdatation of Work, I , ,, , . —, � . ...... _0.25 , _6.9.2 Emagencies............. — ......... ....... 15.23 ENGINEER3 evaluation, Substitute.., or 'Or-Equad" Items_.. .. 673 For Acts and Omissioris Of Others..,_ ........... . ... .. �6 1) 1-6.0 2, 9.13 for deductible Amotmtsinsurance,, , , � , _ � _ 5,9 general...... ... ... _ ...... .......... 22, 73, 89 Ha?ardotm Communication Programs _6.22 IndOmnifle3tiOn,. ............... ..... 6 31-633 FrW(WWAAL COM)ITIONs 19](1.8 0990 fjjjjjj()N) W/ CM OF FORT COLLMS MODWTCAT70NS mrV 919% Labor, Materials and Equipment- C()NT RACTORS—other... Laws and Regulations, Contractual Liability Insurance_ 5.4.10 Liability hisuraucc. � _ ..... _ ._ ....................... 5A Contractual Time Limits .. ... ......... . .... ... J2.2 Article or paragraph Number Notice of variation from Contract Documents. ..... ........... ...... .......... ... fi.27 Patent F`= and Royalties, ..... .. ... ... __ ....... 612 Permits.,..,......._...,..... ........ .... 6.11 Progress Schedule 6.6 Record Documents......___...... . ......... 619 related Work performed prior to ENGINEERs approval of required submittals,, ... ........... .... ........... .......... 0.28 safe structural loading ....... ... ..... ... _618 ,Safety and Protection,_. j5.20. 7.2. 13.2 Safety Representative_ 6.21 Scheduling the Work... ...............................6.9.2 Shop Drawings and Samples ....... _6,24 Shop Drawings and SamplesReview by ENGZM ................... .......... ....... 626 Site Cleanliness...._....__........ __ .... ...... 6.17 Submittal procedures .................................. A25 Substitute Construction Methods and Procedures---, ............................. &T2 Substitutes and "Or -Equal Items __0.7A Superintendence ........ ........... _ _0.2 Supervision.....,,, _ _....... ...... -6. 1 Survival of Obligations ..... .......................... 634 Taxes _. Tests and Inspections,_...._... ...... __ 13 5 ToReport...,,...,...__......... ....... ......... ........ Z,5 Use of Premises ........... 6.30.2.4 Review Prior to Shop Drawn rig or Sample Submittal ........ ..... __ ................ 625 Right to adjusamitra, N changes In the Work ..... 10,2 right to claim._,,,,,,_._ 4, 7.1, 9A, 9.5, 9,11, 10,2,11.2, J1.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protochart, ...... .......... j6.20.6.22, 7.2. 13.2 Safety Representative ....... ........... ... ...... 6.21 Shop Drawings and Samples Submittals.... 6.24.6 28 Special Consultants,._....,......._.._....-...._... IlAA Substitute Construction Methods and Procedures.6.7 Substitutes and "Jr -Equal Items, Expense ..................... .................... 6.7.1, 6.7,2 Subcontractors, Suppliers, and Others_ ... Supervision and Superinteridence,__61, 6.1 ' 621 Taxes, Payment by, 1 Ile of premises, _ , __ . ..... _ ... .... 6.16.6. 18 Warranties and guarantees ...... ... 0.5,6.30 Warranty of Titje�. ... ___ " ­ * ..... . )41 Written Notice Required — CONTRACTOR stop Work or termmate ...... . 15,5 Reports of Differing Subsurface and Physical Conditions .......................4.2.3 Substantial Conipletion- 14, 8 vill Article or Paragraph Number Coordination— CONTRACTORs responsibility... ........ . Copies of Documents .... 2.2 Correction Corrwim.Reniqval or Acceptance of Df2cfive Work. - in general, 13,10-13A4 Acceptance ofDofective Work _ .......... 1.3.13 Correction or Removal of Defective Work ....... .. ..... ... ..... ..... 6.30, 13A I Correction Period...._._.._ .... -- .... . ....... 13.111 OWNER May Correct Defecim Work , , J3,14 OXA11\ ER May Stop Work .......... _ ....... .... ...... 13.10 Cost — of Tests and Inspections ...... ..... ......... .... ... 13-4 Records ll.7 Cost of the Work-- Hands and Insursince, additional ...................11.4.5.9 ('ash Disimuatq_____ ...... ................ ....... 11,4.2 CONTRACTOR's Fee —11 A Employee Expenses, . .... ..... ......... Exclusions General 1 IA-1 I.-S ,Rome office and overhead expenses- ..................11.5 Losses and damages ...... ....... ............ A5.6 Materials and equiparent,, 11.4.2 Minor expenses , _ . ........ . .... .. .. ... .. J1.4,5.8 Payroll costs on changes...-.._ ................ __1 IAA performed by Subcontractor ......... 1, 4-3 Records 11. 7 Rentals of construction equipment and machinery.... _ ... ...... _1 1 4.3.3 Royally payments. permits and license fees. 11.4,5.5 Site office and temporary facilities ........... .... 114,5.2 Special Consultants, CONTRACTOR's ... ........ j 1 AA Supplemerruil .... .... ..... ......... __j 1.4.5 Taxes related to the work.,_.11.1 1 . I . I L4,5A Tests and Inspection.,.._.. .............. . . .... ..... 13A Trade Discounts ....... —1-1— .1 31.4,2 Utififieti, fuel and sanitary tacrlftie,�, ...... 1145.7 Work after regular hours .... ...... .IIA 1 CoverinflWork_ , ., , , _ .. . ...... 116-133 C"umulativeRemedies 1 7 A .1 7-S Cutting, fitting and patebing .. . ..... ... . .........72 Data, to be famished by OWNPR 3 Day —definition, of.,..,..._.,_ .......... ..... . 17,22 Decisions on Disputes ... 1' 9.12 tkfecdw—dolimition of .... .... ... .. ..... J,14 d6fectitv Work — Acceptance of ........ .. 10.4.1, 13,13 F,K,TLX.! WWRALCON0111UNN 1910-8 (1994) EDITIO3,C) WOW OF MIT COLLINS MODTFICAMM fkf V 9/99) Correction or Removal of _J(t41, 13.11 Correction Period- 13.12 is general , 13. 14.7, 14,11 Article or Paragraph Nualber Observation hyHN(V[Nl-'bR,-_ 9,2 OWNER May Stop Work ... ..... 13.10 Prompt Notice of Defects- 1 Rejecting..... ....... ..... _ ....... 9,6 Uncovering the Work 13.8 Definitiorts, .......... ..... .. -- - I Delays ............. ........ ........ 41, 629, 121-12 A Delivery of Bonds......._.-_ ...... .........2.1 Delivery of certificates of insurance ...... ...... ......... 7 Determinations for Unit Prices.... .......... Differing Subsurface or Physical Conditions - Notice of 4,23 ENOM.ER!s Review ......................................4 2A PovsiNe Contract Documents Change......._ . ., 1 .4 IS Possible Nice and Time,, Adjustments .......... ... 426 Discrepancies -Reporting and Resolving __15. 3,12, & 14,2 Dispute Reg(illition-- Agrectrionk, ............ .. ........... ....... __ ...... Arbitration 16.1-165 gcneraII6 Mediation- ............... ...... ...... .. ..... -I ' 6.6 Dispute Resolution Agreement_, ........... ...... (45,1-16-6 Disputes, Decisions by ENGINEER_ ..... .......... 9,11-9,12 Documents -- Copies of ...... ... .... 2.2 Record 6.19 Reuseof .................................... ....... 33 Drawings --definition of.-...._ ...... ..... ... ... 1, 15 Eau -monks ................................................. ........ .... 41 Effective date of Agreement - definition o1..............JA6 Emergencies,,, .............. _ ................ .... ...... 23 ENGINEER -- as initial utter proter on disputes. .......... 9.11AA2 definition of J, 17 ].imitations on authority and responsibilitt . ..... 9,13 Replacement of ... . ..... -- - - ........ ..... ........ . 5.2 Resident project Representative ................ . ... .. 93 ENGINEERS Consultant -- definition of ......... . _-J.18 ENGLNEEWS-- authority and responsibility, limitations ort., , _q, 13 Authorized Variations in the Wor..................... 9,5 Charge Orders, responsibility for... 9.7, 10, 11, 12 CIarifications and Interpretatiorts; .3 63, 9A Decisions oil Disputes- tkIcefive Work, notice of ......... . .......... 13 1 Evaluation of Substitute ltems, . ... ....... fi.73 Liability__ ... ........... _ ........... ............. 032. 9,12 , Notice Work is Acceptable, , . ........ ... J4.13 Observations ....... 630,2, 9.2 OWNER'S Representative 9,1 Payments to the CONTRACTOR, Responsibility for , ............ .. .. . .. .9.9. 14 Recommendation of Payment.,__.._.. _ . _14A, 1413 Article or Paragraph Num hor Respcnisj'bitities--I.,imitations on, . .. .. .. .... . 9,11-9.13 Review of Reports on Differing Subsurface and Physical Conditions... _.. .... 24 Shop Drawings and Samples, review responsibility.._.. .. . ....... 026 3 "tativ, . During; Construction. authorized variations in the Work- --9.5 Clarifications and Interpretations,-,,._...., _,9-4 Decisions on Disputq,.,,, . ..... ........ .... 9.114 12 Determinations on Unit Price _PA0 h-WINERRasinitial lriterpircter, - ... 9,11.9,12 ENGINIHERs Responsibilities ............. _ 9, 1-9. 12 Limitations on ENGINFEKs Authority and Responsibilities...._. _ .9.13 OWNIER's Representative ........ . .... .............. 9A Project Representative._........_. 9.3 Rejecting Defeclive Work ... Shop Di awings. (7bange, Orders and Payments...__ .. ............ ......... .9,7.9.9 Visits to Silo, _ " � ..... .. ..... .. .......... . .. .. ..... 9�2 Unit Rice detcrminafions................................ 9.10 Visits to Site ....... ... .......... ...... . 9.2 Written consent required].,,.,_......... - ....... . "Y "1 9'1 Equipment, Labor, Materials and_ ...... ...... 0,3-6.5 Equipment rental, Cost of the Work. 11.4.5.3 Equivalent Materials and Equipment _0.7 error or omissions..,..._ _J.33 Evidence of Financial Arrangements, ..... ... ........... 8-11 Explorations of physical conditions ........................4.2.1 Fee, CONTRACTORS -Costa Plus...........................11.6 Field Order - definition of_ ..................................... ... ... 1.19 issued by ENGINEER .... ........... ... _ _ 3,6.1, 9.5 Final Application for Payment........._. . . ..... ..... 14.12 Final InspectiM...................................... 11 Final Payment - and A000piance 14,13-14,14 Prior to. for mil 8lIoVaftO'O:s---- 11'8 General Provisions- . . ..... ... .... ... ......... .... 17.3-174 General Requirements -- definition principal references to_ 416, 6.4. 6.6-6,7, 6.24 (I iving Notice, ..... .... .171 Guarantee of Work -by COINTTRACTOR, 16.30, 14,12 Hazard Commurocirtion Programs._ . . ... ..... .. 622 Hazardous; Waste- dofmition of ....... ................... -- ......... 1.21 general ......... .. .......... . ...... .... .4.1: OININKRN responsibility for. .... 10 KKTr (*,NrAAL (TOMATION81910-8 (19W HI)MON) W!CITY (,f FORT COLLINS MOI)OICATIONS(REVO/M Indemnification _6. 1 4, -6.33 616,631 Initially Accoptable Schcdulcs, 2.9 Inspection -- Certificates of 115. 14A2 Final Article or Paragraph Num her Special, required byliNGINBER ......... _ ......... ... 9.6 Tests and Approval, ....... ........... .... 8.7, 13.3-13.4 Insurance-- Acccp1mcc of, by OWNER.,,. .... . .... -5, 14 Additional, required by changes in the Work ....... __ ........ ..... ........ Before starting the Work, ... ...... _,_17 Bonds and --in generrol, 5 Cancellation Provisions__ ................. ...... ......... 5.8 Certificates of..__._... ..... -2,7, 5, 53, 5A,11, 5.4.13, 5,8, 5,14, 9, 13A, 14,12 completed operations ...... ............ ..... _ ...... 5413 CONITRACTOR'i Liability......._ ... ....................5.4 CONTRACTOR's objection to coverage_ � ..... .... 514 Contractual Lisibility., deductible amounts, CONTRACTOR's responsibility ................ _ ............. .............. .5,9 Final Application for Paymienf, ..... .. ...... _ ....... 14, 12 Licensed lnsurcrs,__ __J3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace---.... -_ __..... ...... ........ . 5,14 other special insurances ............ ........... .... _5, 10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5,12.5.13 OWI4CR`s Liability ........... 5.5 OVA,WER's Responsibility ....... ....... _8,5 Partial Utilization. Property ljisuranc� ....... _ 5. 0 Properly,_ ....... _ ....... .5,6-5. 10 Receipt and Application of Insurance Proceeds ................. ................ ...... _512.513 Special Insurance .......... . ... ..... __ .... ___ ...... Waiver of Rights .... _ ...... ........ ...... Intent of Contract Documents...,_ ..........._ ... ...... 3,144 Interpretations and Clatificationg .....................16.3. 9.4 of physical coriditions,____ ... - .... ...... 4.2 Labor, Materials and Equipment_ ... .. ...... . .. ... . 63-6.5 Limits -- and Easements 1l.4 Availability of,,,,,,,,,,,,,,,,,,,, , ... ........ 8A Reports and Tests,..-,_, .,, < .­­ - ­1 1.1111.1 1­1.8,4 Laws And Regulations. -Laws or Regulations -- Bonds Changes in die Work. ....... ....... ....... 10A Contract Documents 3.1 _0 14 Correction Period, defective Work_ .. .... .. .. J11 2 Cost of the Work, taxes ..... .............. ........... ll,,t5A definition of ....... . ......... ....... ........... J. 22 gene(at614 Inderanificutim-, Insurance 53 Preccdcncc . ..... 33.3 Reference to..,.... �.3.1 ,Safety and Protection ... .. ...... .... . _620, 132 Subet,ruractors, Suppliers and Others, ...... .. 68-6 It Article or Paragraph Number Tests and" nsfectronsk .... ...... .............. 13.5 Use ofPtvmiscs__, _a.16 visits to Stu 9,2 Liability Insurance.. CONTRACTOR's ................ 5A OWINER's 5.5 Licensed Sureties and fristurers._ 53 Liens -- Application for Progress Payment-.._...._...... 14.2 CONTRACTOR's Warranty of Title,,,,,,,,, 14,3 Final Application for Payment ..... ...... ... 14. 12 definition of_,,..,.. 11 21 Waiver of Cims­'­­­' 4-15 Limitations an ENGINEMs authority and responsibilities ....... ..... .. . ..... ........ . .... . .... 9,13 Limited Reliance by CONTRACTOR Aulhor�zud ......... .......... ......... .............. . ...... 4,22 Mainteriance and Operating Manuals -- Final Application for payment ........ . ... .. _ _14,12 Manuals (of others) -- Precedence Reference to in Contract Documents .......... Materials and equipment -- furnished by CONTRACTOR, 63 not incorporated in Work.,.... 14.2 Materials or cquipment­cquivalent ...... ......... 0.7 Mediation (Optional) .. ..... .. ... .. .)6_7 Miletnonas--definition ot`........................................1.24 miscellaneousi­ Computation of Times...,......_....._ .......... __17.2 Cumulative Remedies ...... .......... ... ___ ...... J7.4 Giving Notice ... ........ _ ........ .... .. ....... _17.1 Notice of Claim .... ........ _ ..................... .... _., _173 Professional Fcc% and Court CoAts, baclu". _J7,5 Multi -prime contracts ..... . ...... .. , _7 Not Shown or Indicated 43.2 Notice of -- Acceptability of Pi,cject ..... ..................1413 Award, derinition of ................. ....... 1.25 Claim .......... ... IT3 Defects,13,1 Differing Subsurface or Physical Conditions 4,23 Giving.... __ .. ...... .. ... ___ ...... ... .... ),7. 1 Tests and Inspections__ _ ___ .. ..... ... ......... 13.3 Variation, Shop Drawling and Samp1q, ....... ...... _0,27 Notice to Proceed -- definition o(_ ..... ....... 26 giving of 23 IiAIX: (EWRAL COMX11ONS 1910,8 (1991) 113110N) Wi CITY (TI FMT C(M.LM MOMCA31ONS MV 9M I Notification to Surety... ......... ........ .......... ____ 10.5 Observations, by RNOINEIzR, 0,30, 9,2 Oc&upimcy of the Work-_ .... . .... 15, 630,14,14, 10 Omissions or acts by CONTRACTOR..,, .... _ _69,9 13 Open Peril policy form, Insuranec_ 51,62 Optionto Replaoe................................................... Article or Paragraph Number 'Or Equal' Items.,_ .. ...... ......... ... ........... __-6,7 Other work 7 Overtime Work —prohibition of 63 OWNER --- Acceptance ofckfecfive Work ... ........... _ .......... 13.13 appoint an ENGINEER $.2 as fduciaw 12-5,11 Availability of Landi, responsibility ...... ..... .. .... AJ definition of ......... ................ ... ............ _1,27 data, furnish.._ ... .. ....... $3 May Correa Defective Work ............. ............. 13,14 May relbsoto make paywent__ .. ...... ... ...... ., 147 ?vbv Stop the Work,_ 13. 10 May Suspend Work, Tenuinatc ............ - ...... ... 8.8, 13.10, 15,1.15.4 Payment, make prompk__ .... _.__83,14-4, 14,13 performance of other work ........ ............. ...... Tl prmTks and license% reqturem enut_. . .. .......... . f), 13 purchased insurance requirements..,,.,, .. S.6-5.16 0ANNEws— Acceptance of the Work ............ . ........ . Change Orders, obligation to exocutv .......... 86,10.4 Cemmuniciatorok,_ ............ - .............................8.1 Coordination of the Work....._.._ . _... _... 7A Disputes, request for decision, ....... .. ........ !�, I I Inspections, teas and approvals ..................8.7. BA Liability Insurance.._ ........... ... . .... ...... .... 55 Notice of Def"t . ................ - ........... ...... ...... al Ropresemative.-During Coristruction, YNGIN%Eks Status..._..._.._...........-9A Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ........... _F 10 Change Orders ... _,_ ... ........ .... _ ..... _8,6 Changes in the Work,_ ...... __ ...... __10,1 communications........ _.......... ... - 8.1 CONTRACTOles,responsibilities, ... .... . ...... -8.9 evidence of financial arrangements,,,,,,,, inspections, tests and approvals.,.,.,._..._..., 83 insurance ­-- - ..... ....... ........ ........ 8,5 lands and oasoments., . .. ....... .. ..... 8 4 prorartPaymenthy... - -- ....... 83 replacrxnent of ENGMER.,__ . 8 i reports and tests . ...... ___ _ _ ....... .. 94 stop or suspend Work . . .. .... ..... 8.8, 13, 10, 15A terminate CONTRACiaws services-........_._..._.____. ..... ... 8-S, 151 separate representative at sitq..................... ..... ... 93 to tutg, independent. _13.4 use or occupancy of the Work.,.,_.., . 5.15.6.3024,14.10 written consent or approval required, ..... ....... .... ... . .... ..... _ 9A, 63, IIA xi LKIX^ GENIMAL (X)NEXTIONS 1910-8(19" E111110N) vi ('STY OF FORT COLLIM NOMCKIIONS MV 9/9% Article or Paragraph Number written notice required, ....... .. ... TI, 9 4, 9. 11, 12, 11,9, 14,1, 154 PC 11s-- definition of ..... .. . .... ... . .... 29 general ...... _ ........ ....... ...... _4.5 OWNER's responsiblity for.. ... .. ... Partial Utitization-- definition of ..................... general 6-10.2,4, 14,10 Property Insurance..... ...._ ....._ -.......___.....5,15 Patent Fees and Royalties....................................... . 6,12 Payment Bonds. ...... ­1 1— 5.1_5.2 Payments, Recommendation of ....... ...... 14.4-14.7, 1413 Payments to CONTRACTOR and Completion — Application for ProgressPayments_ __, _ ........ J4.2 CONTRACTOR's Warranty of Title . ..... 14 3 final Application for Pay ,ment, ....... .... )4,12 Finn I Inspection_ 14,11 Final Paymentand 13-14.14 gcneral_ _83, 14 Partial Utilization 14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments, ...... .............. _ ...... )4.4-14,7 prompt paymcrit._ _ , _ . ... ....... ..... Schedule of Vsluetk ... .. ..... __ .......... ....... 14A Substantial Completion .... _ ............... __ ..... 14,8-14.9 Waiver of Claims ............ ....... __ ..................... 14,15 when payments due ....................... ...... 14,4,14J3 withholding payment,.,. 141 Performance Bonds .. . ..... ... Permits 5.13 Petroleum_ definition of.....................................................1.30 general............. .......... ___ .... ....... ____ ..... _4.5 OWNER!s responsibility for........ _.... _ ­_i .10 Physical Conditions -- Drawings of., in or relating to, ........ . ..... 4.11.2 ENGINEEWs review .... _____41.4 existing structures,, ... . . .... 4.2.2 general 4.2.1.2 .. ..... ...... ....... Notice of Differing Subsurface or, ...... ...... Possible Contract Documents Change ............ 4.15 Possible Price and Times. Adjustment4_ ...........4.2.6 Reports and Drawings..........._ ...... 4,2.1 Subsurface and—_ 4. 2 SubsurfaceConditmrs ...... ... . . . 4,2. Ll Technical Data, Limited Reliance by CONTRACTOR Authorized.... .... .... 412 general....................................... ........... 4.3 Not Shown or Indicated __+3.2 Protection o................ ...... 43, 620 Miele or Rtragraph N � lum her Shown or Indicated, 4 3 I Technical Data 4 2 2 Precon%truction Conferejicq .......... ........ ...... 28 Preliminary Matters,, 2 Prelim inary Schedules. Promises, Use of,_ .. .. .... .. . .... .. ... 6,16-6.18 Nice, Change of Contract_ .... .... ........... ... Price, Contract —definition of, _ ..... .... . ......... Progress Payment, Applications for,, , - 14.2 Progress Payment--retarnag; ... .... . ...... ... .... 14.2 Progress schedule, CONIRACTDI<s. ....... _ _ 6, 19, 2-9, 1­1111­1 ....... ...... 6.6, 6.29, 10A, 15.2.1 Project --definition of 131 Project Representative— INGINEER's Staws During Construction .. ... .... 93 Project Representative, Residen"ofinition of, 1, 33 prompt payment by OWNER ............. . ....... 8.3 Property Insurance -- Additional ......... ........... 5.7 generalS,6-5, 10 Partial Uilizatim . . .. ........... ... .... .... 5.15, MAU! receipt and application of proceeds. . ........ _ 5, 12-5,13 Protection, Safety and... ....... ........ 13-2 Punch lint ........ .... ..... .......... .. .... 14,11 Radioactive 1Nateriat­ defintion of.... general4. 5 O%VNl3'R's responsibility fix ................... 10 Recommendation of Nyment _1 4A, 14,5, 1413 Record Documents„_.6. 19, 14,12 Records, procedures for maintaining,,,,, .. .. ... ....... ;,g Reference Points_, .... ............. - ..... ... ......... . - ... ... 44 Reference to Standards and Specifications of Technical Societies ..........................................3.3 Regulations, Lows And (or)_ .... ............... _____614 Rejecting Dfecttve Urork ...... .. 9A Related Work_ at Site _3,1-73 Performed prior to Shop Drawings and Samples submittals reviow....................6.28 Remedies, cumulative_ � ...... .. ........ __ ........ 174. ITS Removal or Correction ofDefecaw Work _ ........13.11 rental agreements, OWNER approval rcquirod._11.43.3 replacement of ENGINEER by OWNER... Reporting and Resolving Discrepancies,,,,,.. _.......................2 5, 3.3 2, 6,14-1 Reports -- and Drawings., 2 1 and Tests, OUINTWs responsibility_ Resident and Project Representative_ definition of provision for" ....... .... .... 9 "1 Xii Lj0X* MINER At. COMA11UN-31910-8 (1991) EDITION) W/ (I TV OF FORT COLUNS MOTAFICAn ON$ (k5V 9.W I Article or Paragraph lumber Resident Superintendent, CO NTRAt7l'CIRs, Responsibilities— t 'ONTRAC TORS in gencral ....... _ ..... ........ 6 ENGINEER's-in general... ..... ...... ...... .....9 Limitations on,,, ..... ... ..__ ..... 9,13 0u'! ERs-in general.,... Retaiiage Reuse of Documents ........... .......... _..... _._._ .:3,7 Review by CONTRACTOR_ Shop Drawings and Samples Prior to Submittal...._._.,., ... ....6.25 Review of Applications for Progress Payments .............. ..................... 14.4-14.7 Right to an adjustment..............:._...............,_.....t4.2 Rightsof Way_ .... ...... .... _ ._.. ... _.. ......... _..... 4.1 Royalties, Patent Fees and ........................ ..............6.12 Sate Structural Loading. _.__., 0,18 Surety_ andprotection ........... .......... . .......4.3.2. 6.16, 6.18, _..._. ..._._..__....._.G.20b.2h 72. 13.2 general.............. ................._....................0, W-6.23 Representative, CONTRACTOFs.. _ ................._¢,21 Samples -- definition of,... ....... 1.34 general....,...., _ 0,24-6.28 Review by CONTRACTOR .... _, _. _ .. _.... _... _... 6Z Review by ENGINEER,,.,...._....................I26, 6.27 related Work.....................................................G.28 submittal of_,_. submittal pruc+edureA,,.... ........ 0.25 Schedule of progress ....... ............ ........2.6, 2.8-19, 6.6, .......... ..,_6-29, 10,4, 15.2.1 Schedule of Shop Drawing arxf Sample Submittals_ ........ ........... ...... *16, 2.8-2.9, 6.24.6.28 Schedule of Values.., 16, 2.8-2.9, 14.1 Schedules -- Adherence to, _......_ ............... _ _...................15.2.1. Adjusting....................... ...................... ........... 0.. 6 Change orcontract Time4 .................................10.4 Initially Acceptable_ ......... ... . 2.8, 2.9 preliminary....., ..... . ... ...26 Scope of Changes_ . � .... _.. .... _ I0.3-10.4 Su1Mwface Conditions,,,._- ...... 4.2,1.1 Shop Drawings -- and Samples, genuat.,........... ..........._...... G,24-6.28 Change Orders & Applications for Payments, and....._.. .._.. _ ,. ._..9,74,9 definition of 135 ENGINEEWs approval of, 3.6.2 ENG]FINMER's responsibility for review .................................. _, 9.7, 6.24-6;28 related Work ......... ................ ...... ..... ......_......6,28 review proctduras.,. _....................... _..2.8, 0.24-6.28 Article or Paragraph Number submittal required ,,. .... .... .._..................... ..... 6.24.1 Submittal Ptoceduras.... ............. ............. G.25 Ilse to approve substtnitlons...,...... ........ 6.1.3 Shown or Indicated ...................._..._.-,.._...... , .....a.31 112 Site Cleanliness,......_.... F.17 Site, Visits to_ by ENG'INFER 9.2, 13,2 byothers ...._..... . 132 special eausem of loss" policy form, insuranoa........., ......... .......... _.. _ ..... _........$.6.2 definition of, ........................ ................. A —16 Specifieations— dafination of .... ........ ....._.............. ,... _...... .... -1.36 of Technical Societies, reference t4..,-,.-.-_.__.,13.1 precedence ............................. _.......... ,............3.33 Standards and Specifications of Technical Socicti................................... _,.. 3.3 Starting Construction, T3eforG.................... .... ......2.5-18 Starting the Work_.,_ _.. ..,...... _.... _.............. ... 2.4 Stop or Suspend Work -- by CONTRACTOR_ ............................ -.......... 15.5 by OWNER .............. ............... .... _8 8, 13,10, 15.1 Storage of materials and equipment, ......... "4A, 7.2 Structural Loading, Surety, .............................. 6.1R Subcontractor— Concerning, ........................... .............. definition of.............._...............-..,..................1,37 delays ., .._...... _.. 12.1 waiver of rights..,..,, .. ........... lS.11 Subcontractors --in general .... .............. 6.8-ti.11 Subcontracts --required provisions,- ..__S 11, 611, 11.4.3 Submittals. Applbmtions for Paymenk ....... ..................... __ 14.2 Maintenanee and Operation Manuals. ...._..... .. 14.12 Procedures.......................................................0,25 Progress Schodulea............................... 2.6, 2.9 Samples .................. ....0,24-6.28 .......................... _ .. Schedule of values .................................... ^.6, 14,1 Schedule of Shop Drawings and Samples Submissions_ ....... -........ ..___,._2.6, 18-2.9 Shop Drawings ......................... .._._ _.,..6.24-6,28 Substantial Completion -- certification of. , ..., .................... F00:2 3, . 14,8.14.9 definition of................................_...................1.38 Substitute Construction Methods or Procedures..... 6.7.2 Substitutes and 'Or Equal" Items ....... _. _ _. ....63 CONTRACTOWs Expense. ..................... _....4.7.1.3 ENGMER's Evaluanwl G 7 3 "Or -Equal ._...... ..... _.. . ........... 6-7, t I Substitute Construction Methods %iii KA'W,, (JENFRAL CON(M:1'IONS 1910-8 0940 F:Dft10M wf CtTY Of PORT MUM MODIMATIOM (REV 91" Variations in Work--Mmor Authorized,._ 6.27,9,5 Article or Nragraph Number Visius to Site --by FNG INEER__ Waiver of Claims, on Final Pa3anclit, 1415 Waiver of kights by insured partic,%_.............. s. 11. 6,11 Warranty and Guarantee, Ucnenal­by C()N4'Pjk(7fOR .......... _ __ ............ .. _630 Warranty of Title, (,',ONTRACTOR's ...... . 143 work.. Accessto- . .... .... 13 2 byothi:r............................. 7 Changes in the,_ ...... JO Continuing the, ........ ......... .......... 6,29 CONTRACTOR May Stop Work or Terminate- , . ........... .. .. ............ . ..... . 15,5 Coordination 7A Cost of the ........ _ ................ 14-11.5 definition of 1 4.1 neglected by CONTRACTOR J3 14 other Work . ..... ........ ...... ....... 7 OWNER May Stop Work ......... ..... .. ..... 13, to OWNER May Suspend Work ..... 13.10,15,1 Related, Work at SO ................................... ITI-T-1 Startingthe,.....,...,__......_._........... ....... ........ 2A Stopping by CONTRACTOR__ ..... . ...... .. .. �53 Stopping by OWNER ... ... ___ ___. , _,OA-15.4 Variation and deviation authorized, minor ,, 36 Work Change Directive— claims Pursuant to_ ................... ........ .... .... J0.2 definition of, AA4 principal references to, ...... . ..... 3.5.3, 10,1-10.2 Written Am cridnient-- definition of ...... .... ... .... .. .. ...... .. .. . 1.45 principal refcrenm tQ ..............1.10, 3 S. 5. 10,13.12, ........ ...... ... �42, 6: R. 2, 6.19, 10.1, 10.4, 1- 4 "1 1. .___ ...... L2, 124 1, 13,12,2, 14,12 Written Clarifications and Interpretations ... ........ 9.4, 9.11 Written Notice Required -- by CONTRACTOR_, ... ........ _7 1, 9.10.9.11, 10.4, 1L2, 12.1 by OWNER .... .. ........ ... 9AO-9.11, 10.4. 11.2, 13.14 XIV ErW(WNENAL (70"TIONS 1910.8 i19W J4)rjj()N) wf CITV (T FORT MUAM M47 OCA11ON5 (This pap 1el1 blank mWntiolally) ElCtJC GENERA[: COMAIJONN 1910.9 41990 EDITION) wf CITY OF FORT C0L1.1N5 MOMFICATIONS (RCV 0199) GENERAL CONDITIONS ARMY 1-01MMIO;'NS Wherever aced in these Veneral Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1, Adderrdo--Written or gra hic instruments issued prior to the opening of Bids Nich olardy, elect a change the Ridding haquiremerus or the Contract Documents. 1.2. 9ggmemem--The written contract between ONVNIM and CONTRACTOR covering the Work to be perfc mid; other Contract Doci mots are attached to the Agreement and made a part thereof as provided therein. 13. A nlicarton for Payment—T'he form arc ttci by LNGTNE which is to be used by CONTRA(. OR in requesting propxess or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains morn than one percent asbestos and is friable or is releasing asbestos fibers into the air above current notion levels established by the United States Occupational Safety and health Administrathon. 1.5, Bid —The offer a proposal of the bidder submitted an the prescribed fans setting forth the prices for the Work to be pe€formed 1 k. Bidding Documents —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). 1.7. Bt Oft Requfi ments—The advertisement or invitation to Bid, instructions to biddem and the Hid form. 1.8. Botdt—Performance and payment bands and other instruments of security. 1.9. Change Onkr A document recanmerukd by ENGiNEER, which is signed by CONTRACTOR and OV4NM and authxrizes an addition, deletion or envision in the Wok, or un adiustment in the (Aintrad Price or [be Contract Times, issued on or after tie Effhtive Date of the Agreement. 1I0, Carfizid Docummnix-The Agreement Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (inchut docum"tatian accompanying the Bid and any post T3id documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreetnent, the Notice to Pmced, the Bonds, these General Conthihom the Supplementary Conditions, the Specifications mid the Drawings as the trc>acrt a caanvltraNs1910S(MOE44tn) w/CITY OF FORT CE)LUM MODR7CA'llONS (Rtitf 42000) saute arc inote spaiticaily tdentified in the Agreement, together with all Written .AmendmenK Change Orders, Wak Change Davdives, Field Orders and ENGiNEERs written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1 and 3.6.3 car or after the Etftdive Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6,26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 2,2 are not Contract Documents. 1,11, Connncr Pricer —The moneys payable by MN to CONTRACTOR for completion of the Wale in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case oft nit Price Work). 1.12. Contract Tines —The numbers of days or the bates stated in the Agreement (i) to achieve- Substantial Completion, and (ii) to complete the Work so that it is ready for finial payment as evidenced by ENGINEER's written recommendation of fiml payment in accordance withparagaph 14.13. 1,13_ ( O)MACIOR--The person, firer or corporation with whom OWNf3R has entered into die Agreement 1.14, defective -Art adjective which when modifying the word Work refers to Work that is urtsatisfiactory, faulty or deficient in that it does not eo fenit to the Comet Documents, or does not meet the requirements of any inspection, reference standard, test or approval refereed to in the Contract Documents, or has been damaged prior to ENrs13sMZt s reeommomlation of GM payment (unless responsibility nix the protection thereof has been assumed by ONk'13ER at Substantial Completion in accoidam with paragraph 14.8 or 14,10). 1,15. Drrovings--The drawings which show the scope, extent and character of the Work to be furnished and Performed by CU?VTRACTOit and which have been prepared or approved by Ice" JGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defitiod, 1.16. L iecdve Dare of Are Agreement —Thu date indicated in the Agreement on which A becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the Iasi of the two parties to sign and deliver. 1,17 F.AK3NEER—The person, firm or corporation named as such to the Agreemet. 1.18. FrYCiZsNUR's Cowuliuni—A person, firm or corporation haying a corttrsct with ENGINEER to furnish services as L+NGIhMER's indetierdcm professionat associate or consultant with respect toile, Projed mid who> is identified as such in the Supplementary Conditions. 119 Field Dreier —A written order issued by ENOLNEER which orders minor changes in die Wail in acmdancewith pmagraph 9.5 but which dues not involve a change in the Cbnim nce or the Contract Times, 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. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the fifteen (15) consecutive working days for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows:($ 152,358.00), One Hundred Fifty Two Thousand Three Hundred Fifty Eight Dollars, 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. 9/12/01 Section 00520 Page 2 1,20, Gonerul Requirements-45echoris of Diviston I of the Specifications. 1?i, HazartkmsWaste—Theterm HazardousWasteshall have the meaning provided in Section ltYA of the Solid Waste Disposal Act (42 USC Section 6903) as amended front time to time. 1.22.q, Lawn and RegrilaGons; Laan orRegulations--Any and all applicable laws, rules r'egulauons, ordinarrces cotes and orders of any and all govemmentat bodies, agencies, authorities and courts having 1I.21,b. Legal Noli -shall be those hphdayx cibssvgci l�y,the,Cityp,)~Fwt t'o_Ilins, 1 '_"i. Liens--Licns, char, secxirity interests w mcumbrartmi upon real property or personal property, 1 24. A3i%stone— A principal event specified in the Contract documents telatmg to an intermediate completion date or time prior to Substam al Completion of all the Work, 1-25. Nonce ofAivan-.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 sp ccifledf, OWNER will sign and deliver the Agreement 1,26 Notice to Proceed —A written notice given by OWNM to C O TfRAOTOR (with a copy to YWG1NEHR) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. 01PNER--The public body or Authority, corporation, association, firm or person with whom CONTRACTOR hats entered into the Veemcut and for whom the Work is to be provided 1,28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is Wasiked (or a related purpose) p riar to Submantial Completion efall the Work. 1.29 PCBs —Polychlorinated biphenyls. 1.30 Pepakvti -Petroleum, including crude ail or any fraction thereof which is liquid at standard conditions of tern ature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, .o it refuse; gasoline, kerosene and 61 mixed with other non -Hazardous Wastes and crude oils. 1.31. Prglect—The tout construction of which the Work to beprovided under thte Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1,32.g, Radiorrek've A9ateriad—Source, special nuclear. or byproduct material as defined by the Atomic iinesgy Act of SJCVC o3F%J!„'RAt.. COMIlow I M-N ft W &lib(Vl} W C73Y fiF FORT M. L LM. dh00 FWATK7Ai9 {RFV 41200e) 1954 (42USC Section 2011 of seq,) as amended from timeto time. 13n.b Regular Ii orkb.7g,Hvtvv-1 , ulAr wor6inn�¢_hours are defnerl as 7,t}Qati to fic'%m tgjft,otlierwisc 5xcifie io th . Gg_, e{)eal ,12e lire ems. 1,33. Reskilent Pmjeet Relomwi tacky— The authorized representative of r\GM'Rf:R who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of scale portion of the Work aril which establish the standards by which such portion of the Wort: will be judged 1,35, Shop Druwings-All drawings, diagrams, dlustratitnz, schedules And other data or information which are ��aaecifically prepared or assembled by or for CONTRACTOR. ar>si submitted by CONTRACTOR to illustrate softie portion of the Work. 136, Specicadons--Those portions of the Contract 1ocuments consisting of written technical descriptions of materials, cgojpment, construct iwt syslerns standards and workmanship as applied to the Work and certain Administrative details applicable thereto 131. Subcontractor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any colter Subcontractor far the performance of a pan of the Work at the site 1.38. Substantial Complettem--The Work (or a specified path thereof] has pri3sad to the point where, in the opinion o HNG . ER as evidenced by ENGINEER'S definitive certificate of Substantial C"nmpp11 tiara it is sufficiently complete, in accordance with rite Cwttract Documents, w that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is carer aril ready for ("I payment As evidenced by sh NEER's written recommendation of fatal payment in accordance with paragraph 14.13. The terms "Substantially complete" and "saibustantially canptlewd" as applied to all or part of the Work refer to Substantial Completion thereof, 1.39. Smpplemenlwy Canditiaru—The part of the Contract Documents which amends or supplements these General Conditions. IAA. Supplier --A manufacturer, fabricator, supplier, distributor, imtorialman or vendor haying a direct contract with CONTRACTOR or with any Subcontractor to Tarnsh materials or equipattent to he incorporated in the Work by CONTRACTOR or env Subcontractor. 141- Undergrowid Facillu'e.r All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other Stich facilities or attachments, and any encasearicnIs containnmg such facilities which have been installed underground to furnish any of the following services or materials_ electricity, gases, steam, liquid petroleum products, telephone or ether communicatiotg, cable television sewage and drainage removat traffic or other control systems or water. 1.42- Unit Price ➢furk—Work to be paid frw on the hoses or unit prices. 1.43. ff oric--The entire completed construction or the various separately identifiable ppaartrts thereof requied to be furnished under the Ceitract l7nauments, Work ituJudes and is the result of performing or furnishing labor and furnishing and it rating materials and equipment into the consimetiom and perfuming or furnishing services and furnishing documents, all ns required by the Contract Documents. 1.44. !York Ghmrga Diinecdve--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 revision in the Work, or resprntding to (liflermig or unt'oreseen physical conditions under which the Work is to he performed as provided in paragmph4.2 or 43 or to emergencies under paragraph6.23. .A. Work Change Directive will not change 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 isrexporated in a subsequently issued C'3rmige Order following negotiations by the patties as to its effect, if am on the Contract price or Contract Times as Provided in paragraph 10.2. IA5. WfitNn Amendment --A written amendinent of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Fel%ctive Date of the Agreement and normally dealing with the noncngineering or nontechnical rather than strictly construcuah-related aspects of the Contract Documents. ARTICLE 2-PREI MUNARY MATTERS lkfirery of Pont&: 2.1, When CONTRACTOR delivers the executed Agreements to OWNEK CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accorckance with paragraph 5.1. trot% of Dowments' 12 OWNER shall furnish to CONTRACTOR up to ten gcopis (unless otherwise specified in the Supplementary. itacins) of the Contract Documents as are reasonubly necessary fix the e.wcutitm of the Work. Additional copies will be famished, upon request at the coat ofreproductiom Conimeneement of Contract Times; ,Yofice to Proceed. 2.3. The Contract Times will canmence to run on the thirtieth day after the Effectiva Date of the Agreement, or, FJCDC GE:IWltAL Ciit¢ XIIONS 1910-9 (1 M Edho? col CITY OF FORT COLLIN9 MOVIVI CATIONS (REV 4,20aa) if a Notice to Proceed is given, ci(n the dray indicated in the lutiec to Proceed, A Notice to Procced may he given at any time within thirty days after the Effective Tate of the Agreement----kr-s+a--ewlta.--will•---[ha•-(crafrsut --dimes ,rtun-lstar-tiwlriHa.siraimlra�v-orli+s liaoda}� ofBid-operang-orthe -thirtieth day-afur -the Bfl'eotivo Date ofAhe Agreement; whichever -data is earlier. Starting (lie W'orh: 24. (`,CtNTRACToR. shall stare to perform the. Work on the date when the Contract Times commence to run, but no Work shalt be done at the site prior to the date on which the Contract Tunes commence to run. Before Starting r.oria mcdox 2.5- Before undertaking each part of the Work, CONTRACTOR shall carefully stud), and compare the Comract Documents and cheek and verify partmman figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in avritirg to HNOINMR: any eontiict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifhcatimi from ENGINEER before proceeding with cozy Work affected thereby, however, CONTRACTOR sluff not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doiitmcnaa unless CONTRACTOR knew or reasonably should have known thereat'. 2,6 Within tern days ter rue Effective Date of the Agreement (unless otherwise specified in the Gencral Requirements), CONTRACTOR shall submit to ENGiNEERfor review: 2.&L a preliminary progress schedule indicating the times (numbers of days or dates) for starting and ooutpleang the various stages of the Work, meludmg any Miiestonesspecified in the Contract Documents. 2.6.2, a preliminary sdte%Ue of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; da _etcch rev�gw by �'. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities ardi prices of items aggregating tie Contract Price mid will subdivide the Workk into component parts in sufficient detail w serve as the basis for propeas payments during construction. Such prices will include an appropx ate amount of overhead and profit applicable to each item of Work. 2.7. Before anq Work at the site is started, CONTRACTOR and-� s���lI eeah deliver to the ether gWNgR, with copies to identifedin- the -Snrpplementary Covditons ENG kT'13 certificates of nwrmnce (mid other evidence of insurance +wed may reasanablyu ed by__C1Tt�'�) which CO T�-ettdd=�r�speaWvaly ere is regttired to pirchasc root maintain n accordaux with paragraphs S_4, 5_§ and -51, Neeorrtraelion Conferrrnce• 2.8, Within tivery days after tho Cottmet'fimes smat to rat, but before any Wmk at the site is seated, a conference attended by CONTRACTOR, ENGINEER. and others as appropriate' will he held to establish a working understanding among the sties as to the 'Work and to discuss the schatintas referred to in paragraph 26.. procerlwes for hand]' Shop Drawings and other sttbmaials processing 7 lications for Pa)ment and maintaining required rccor 1nitlally Acce rAwe Medmlief •• 2.9, Unless otherwise provided in the Contract Documerts, isaion441 Wfuat Application for Payment before any work at the site beams, a conference atteridcd by RTWTOR, ENGINEER and others as i pgnatgt by 01YMR will be held to review or accei lability to I3NGINMER as provided below the schedules sttbtttitted in accordance with pa2.6, CO�rq NT C'TOR shall have an additional ten Sys to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR vigil the schedules are submitted to and acceptable to IsNGINIMR, as provided below. "he progress schedule will be acceptable to ENGINEER 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 ENGINEER responsibility for the ss��puancing. scheduling or progress of the Work. not intcttbre with or relieve CONTRACTOR firm CONTRACI'OR's full responsibility therefor. 0ONTRACIOWs schedule of Shop Dmwi and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the recplred submittals CONI'RACfOR's schedule of values will be acceptable to ENGINEER as to font and substance. ARTICLE 3--CONTRACT ll(1 TMPaNTS: INTENT, AMENDING, iRELrSE latent: 3.1- The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; whatis called for by one is as binding as if called for ls}, all. The Contract Documents will be construed in accordance with the how of the place of the, Project. 32 It is the intent of the Contract Documents to WCE)C C3k'NUKAL CQh`DtYtpkki Iattt*4 (tASa Hc4tiixtS wf C�tY C?F Pfae7 CAui.t,tNs 41CH3IPtCA7T(?NS tRli"V draaaui describe a functionally complete Pnijeut (or part thereon to be constructed in actonlance with dt Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produea the intended result will be furnished and performed whether or not specifically called for. When words or pluases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, suds words or phrases shall he interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Docuri is stnll be issued by FNCr)NI;RR as provided in paragraph 9A. 3.3. Reference to ,S4aot&Pdv and Specifreatioxs of Technical Societies; Repardng and Resohing Usertilmi ies.• 3.3.1. Reference to undard% 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 specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Weds, CONTRACTOR discovers any conflict error, ambiguity or dixrelrsncy within the Contract Documents or between the Contract Documents and any provision of arry such Law or Regulation applicable to the p erfoimar ce of the Wort: or of any such standard, specification, manual or code or of any i nstruutionof any Supplier referred to in paragraph 6.5. CONTRACTOR shaft report it to HNGINF;FsR in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (inept in an emergwxy as authoriwd by paragraph 6.23) until an amendment or sappppfervent to the CortradDocuments firs been issued ov one of the methods mclicated in paraggr�aph 33 or 3.6; provided, however, that ('O.hACTOR shall not be liable to OWNER or ENGINEER for failure to report any stela conflict, error, ambiguity or discrepancy unless CONTRACTOR. knew or 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 suppletuent thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any cordliu, error, ambiguity of discrepancy between the provisions of the Coatuact Docuuments and. 3311. the provisions of any such standard, specification, manual, cv& or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 31:32. the provisions of may Wi haws or Regulatioris applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, V cihratio7, manual, cock or inslruttitn shall be gfftctive to rhangc the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, c'cmiultant.s, Writs cr employees from those sot fnnh in the Contract Documents, nor shall it be effective to assign to OWNM- ENGII THER or any of F,N INII's Comit!f a(aa, agents of emfunto zs any duty or authority to nupervise or direct the mg or performance of the Work or any dirty or au0v9cJ%y to undertake rtsponslbility inconsistent with the provisions of paragraph 9.13 or arty other provision of the Contract Documents. 3.4. whenever in the Connor Documents the atoms "as c dered", "as directed", "as regdrred", "as allowc(r, "as approved" or terms of like stied or import are used, or the adjectives "reasoiable% "suitable". "acceptable", "proper" tr 'S"adory" or adjectives of like e&ct or import are used to describe a requirement, directioix review or judgment of ENGINEER as to the Work. it is intended that such Ziremem, direction, review or judgment will be solely to evaluate, in generaL the completed Work for compliance with the requirements of and information in the Contact Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (tireless Owe is a specific statement indicating otherwise). The use of any such tarn or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any arty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. AmemMig and Supplementing Contract Documents 3.5. The Contract rAvummts 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. L a fcmni Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or WCOCeMRALcoNIAnoN8tsiusa990R41ilim) art (A rY OF FORT MIAA Pi NIC"F'ICATIONS (lin' t,3a(M) .5.3. a work Change Directive (pursuant to paragraph 10A) 3.6. In addition, the requirements of the Contract do umens may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEERN approval of a Shop rNswing or Sample (pursuant as paragraphs 6.26 and 6.27), or 3.6.3. E GAVEER's written interpretation o clarification (lwrsuam to paragraph 9A), Reuse of Documen& 3.7, CONTRACTOR, and any Subcontractor or Supplier o.r other person or organization performing cc fuvnishing any of the Work raider a direct or imhted contract with OWNER (i) shall not have or acquire any title to or ownership rights in any Or the Drawings, Speeiticatitns or other docum exits (or copies of any thereof) pre red by or boari'r� the s=l of ENGINEER or fNGINFERs (csmrlmtt1 and (4) mall not reeve any of such Drawings, Specifications. other documents or copies on extensions of the project or any other project without written conseit of OWNER. and ENGINEER and specific writtenverificatiorn or adaptation by ENGINEER ARTICLE 4—AVrlHAUTMY OF LANDS; SUBSURFACE AND MYSICAL CONDITIONS; REFERENCE POINTS Amitabifft}, oft an*,* 4. I. OWNER shall furnish, as indicated in the Contract Document& the lands upon which the Work is to be performed, rights -of -way and easemems; fax access thereto, and such other lands which are designated for the use of CONTRACTOR sure a--wick,-a{plieeble--Taws---mad-4ZegAaftens: OWNER shall idwttify any encumbrances or restrictions not of general application but spu ilic ally related to use of lands so kunished with which CONTRACTOR will have to comply in performing the work Easame is for permanent structures or permanent, changes in existing facilities willto obtained and paid for by (Ale NER, unless Otherwise provided in the Contract Dccuments. If CONTRACTOR mid OWNER we unable to We can entitlemem to or the amount or extent of any adjusunents in the Contract Price or the Contract Times as a result Of any delay in OWNER's fi h csc lands, rtgitsof- way or easenrats Ct7NT'RACT may make a claim therefor as provided in Articles 1 i and 12. I CONTRACTOR TOR shall ptovide for all additiartal lands mxl access thereto that may be rcpuired for temporary construction facilities or storage of materials and equipment. d.?_ Subsurface andPhysleal Conr&tioms: 42.1 Reports and Drauirtgs: Reference is made to the Supplementary Cenditiahs for identification of: 42.1.1. &bsurface Con&dmx: Thosc repots of explorations and tests of subsurface conditions at or contiguous to the site that have been utitind by ENGINEER in preparing the Contract Docum", and 42.1.2. Physical Condirionsr *t ho>s-e drawings of physical conditions in or relating to cxisting surface or subsurface structures at or contiguous to die site (except Um3cr and Factilities) that have how utilized by ti GIpVM in preparing the Contract Documents, 4-2.2. Limited Reliance by CONMICTOR ,4uthorhed: Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings but such repeats and. drawings are not Courant Documents. Such "technical data" is identified in the %pplementaty Conditions. Except for such reliance on such "technical data", COINTRACT& may not rely apron or make any claim against OWNER, ENGINIM or any of FMINIXR's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspeas of the meatus, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precauticas and programs incident thereto, or 4.2.2.2. other data, interpretalloris opinions and information catttiined in such reports or shown or indicated in such drawings, or 4.2.2.3. any CCINTR'ACIOR irterprefatim of or conclusion dmvm from any 'technical data" or aanq}° suci data, interpretations, opinions or maormatiwt. 4.2.3. Notice of Difering Subsurface or Physical Gomfiticim; If CONTRACTOR believes that any subsurface ar physcal condition at or contiguous to the site that is unauver: or revealed eider: 42.3.1, is of such a nature as to establish that any "technimt data" on which CONTRACTOR is entitled to rely as provided in paragraphs 421 and 4.22 is materially inaccurate, or 4 2.3.2. is of such a nature as to require a change in the Contract Doc meant% or 42.3.3, differs meter ally from that shown or El VCOENERAL CONDf IONS 19r48 t 199) Editiw) col CITY OFFMT M111M MODIFICA'ROM (RFV 4b'lasa) indicated in the Contract Documents, or 4.2.3* is of an unusual nature, and differs materially from conditions ordinarily encountered and generally, reccgniz:d as inherent in work of the character provided for in the C ranict Documents; then CONTRACTOR shalt. prreauptly, jaup "l after becoming aware thereof and before further disturbing conditions aEfeeted thereby or performing any Work in connection therewith (except in an emergency As Mfitted by paragraph6.23), notify OWNER and dGL'>ifiER inwntuug about such condition. CONTRACTOR "If not fiurdur dimrh such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENCIIAM's Review. ENGINEER will promptly review the pertinent amditians, determine the necessity of OWMi obtaining additiawl exploration or teas with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of UNGFNEERs findings and conclusions. 4.2.5. Possible Contract Dorranenty Chi tRe: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Chan Directive or a Change Order will W issued as prowl ed in Article 10 to reflect and document the consequences of such change. 4.2.b. Possibly Pricy and TPmes Afusdnentx: An equitable adjustment in the Contract Price w in the Contract Timm or both, will be allowed to the extant that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORS cost ot; or time required for performance of, the Work; s utuject, however, to the following; 4.2.6.1. such condition must meet any one or more of the cat�g�rtea described in paragraphs 4.2.33 thrrnrgh 42.3,4, inclusive; 4.162, a changii in the Contract Documents pxusiant to paragraph 41.5 will not be an automatic authorization of tzar a sedition precedent to entideme nt to any such adjustment; 4.2.63, with respect to Work that is paid for at a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.16A. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.64.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract act price and Contract Times by the submission of a bid o becoming bound under a negotiated contract; or 4,2.6.4.2, the existence of such condition could reasonably have born discovered or revealed as a result of am ommination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prirtr to CONTRACTOR's making such fatal e<anmitmenti or 4.26.4.3 CONrR_A<'TOR failed to give the written notice within the time and as required Iry paragraph 4.2.3. If OWNER end CONTRACTOR are unable to agree on ertitlement to or as to the amount or kno of any such equitable adfustment in the Contract Pnce or Contract Times, a claim may be mark therefor as provided in Articles I I and 12, However, OWNER, ENG1Altip R and ENGINEER's Consultants shall not be liable to CONTRACTOR for any, chains, coats, tosses or damages sustained by CONTRACTOR an or in connection with any other -project or anticipated project. 4.3. PhpsfcafConditdons-UndergraundFacilitiss: 43.1. Sliown Orin kcated: The information and data shown or indicated in the Contract Documents with re st 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 hn, others, Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGI1\TUR shall not ix responsible for the accuracy or completeness of any such information or dare; and 4.3.1.2_ The cast of all of the following will be included in the Contract ftwe and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and dal& (it) [orating all Umlergroimd Facilities shown or indicated in the Contract Docum ats,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv)the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from die Work. 4.33. Not Shohrn orlrukeoted• if an Underground Facility is uncovered or revealed at or comig�+ucw,s to the site which was not shown or indicated in the Contract Docimtents, CONTRACTOR shall, promptly untnediiudy after becoming aware thereof and before further disturbing conditions affected thereby or lierfotming any W06. in connection therewith (execpgt in an emergency as required by parsgraph6.23), idantity the owner of such Underground Facility and WC DC #7h4YAAL CONDITIONS 1910-8 (r99DEdtiai) w1 U IY OF Fear ("JIM s WIM-Anohs (REV a marl give written notice to that tar and to OWNER and t MINI.ER ENCxfNFFR will promptly review the Underground Facility and determine the extern, if any, to which a change is required in the Contract laocxunents to reflect and document the consequences of the existence of the Underground Facility, It' ENG MER concludes that a change in the Contract Documents is required, a Work Chiang@ Lhrectoro or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR- than be responsible for die safety and protection of such Underground Fact as provided in paragraph620 CONTRACTOR clitt{ may be allowedd an increase in the Contract Price or an extension of the Contract Timcs, or both, to the extent that they are attributable to die existence of any Underground Facility that was not shown or indicated in rho contract Documents and that CONTRACTOR did no know of and could not reasonably have been aqi to be aware of or to have anticipated If QUAVER ¢d CONTRACTOR OR are unable to agree on entitlement to or die amount or lwngth of airy such ad'w�meni in Conuaa trice or Cotunct Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12, However, OWNER, ENGINEER and ENGiNEFR's Catsuhants span not be liable to CO'NT'RACf OR for anv claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated puoiert. Werence Points., 44. OWNER shall provide engineering mnvcps to establish reference points for consitrueuon which in ENGIIVEER's judgment are necessary to eriable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall prixeet and preserve the established reference points and shall make no changos or relocations without the ior written approval of OWNER CONTRACTORs}ml} report to ENGINEER wherever say reference point is lest or destroyed or requires relocation because of moessary cha%as in grades or locations, and shall be respot>r ibie feu the aeeumit replacement or relocation of sncls reference points by professionally qualified personnel, 45. Asbestos, PCBs, Petroleum, Hazardous Wade or Radioacive Material: 4.5.1. OWNER shall be responsible for any Axtesttra, PCN, petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at die site which was not shown or 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 perswis or pro�or{ exposed thereto in connection with the Work rat style. Q AXER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Supplies or anyone else to whom CONTRACTOR is responsible an-a�d evwat ltgerAW tiff^'4r^WLN not PCtrfliMtll?; FIai9i-ta1�x+D- 2Cr-kieAleaeF Hr-F8w091tld-a3ilte4it®; Z;J6pCdiEidMALCi[ DETIONS1410-aJM $iVmi wJ ❑'tY OF FORT CBn13,IN9 MOlar@ICAIIONS MltV4,2(an} A101CLE S--BOINDS AND IrSM"CE Performance, P4 rmrrd rmdOlker73ondr. 5.1. CONTRACTOR shall furnish Performance and Payment Buds, each at an amount at least equal to the Contract Price as security for the faithful perfo rmance and payment of all CONTRACTOR's ob1' ions under die Contract Doc meets. These Bones thalI remain In effect at least until one year after the date when fowl payment becomes due, except rm provided otherwise b haws or Regulations or by the Contract Documents. CONTRACTOR shall also fivnish such other Bads as are required by the Supplementap, Conditions, All Bonds slmfl be at the farm prescnbed by die Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current liar of "Companies holdCertificates of Authority as Acceptable Sureties on Fal Badds and as Acceptable Remsurris Companies" as fished in Circular59() (amended) by the Audit Stat Btarcau of flovcmment Financial Operations, 118. Treasury Department All Bonds signed by an agent must be accompanied by a carfified copy of such agerit.'s authority to act. 5.2, if the surety on any Bond fittrriished by CONTRACTOR is declared a bankrupt or becomes insolvent or its ri& to do Wsnness is terminated as any state where any put of the project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shalt within ten days thereafter substitute another Bond and surety, bath of wbich must be acceptable to OWNER &3. Liernaed Sureties' and Insurers; Certiifi arcs of lasumnee: 5.3.1. All Bmds and insurance required by the Contract Documents to be purchased and maintainod by OWNER or CONTRACTOR shell be obtained from surety or trtsinance comlarnes that are duly licensed or authorized in the jurisdiction in which the Froject is located to issue Blench cc iron ace policies fir the limits and coves es so wired Such SEW ithstt w" compares shattatt also mea a= additional requirements and qualifica item as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to 0VVWW with copies to cast additional insured alemified in the Supplementary Condititmy, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with panlgoiph 5,4, CaWf3}3R-stall --•wiUt�-tea--each additi�nl--inaured lOMtMfAM-5-6—M 57-hareef f,ONT164CTOR's l fahilitp Insurance: 5.4- CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Weak being performed and lurnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations undea pie Contreet Documents. whether it is to be per€arced or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indireou employed by any of than to perform orfurnish any of the Work, or by anyone for whose acts amp of them may be liable: 5.4.1_ claims under workers' compensation, disability benefits and other similar entployoe benefit acts; 5.4,2 claims for damages because of bodil injury, occupational sickness or disease,. or death of C ONTRACTOR's employees; 5.4 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than C,ONpRACTOR's employees; 5;4;4--catrxa -fiat--dmmages-• iratured---b!`-'ntarY by an 1 indirett4y-ralatedto the emplsytaanf aneh pis m by other fea" 5.4,5. claims for damages, other than to the Work itself: because of injury to or destruction of tatagible property wherever located; including loss of use resulting therefrom; and 5.4A. claims for damages because of bodily injury o� death of any person or property damage arising out of the ownership, maintenance or use of any motor vehtcle. The policies of imomace so required by this paragraph 5A to be purchased and mairYairmed Mull: 5A.7. with respect to insurance required In paragraphs 5.43 through SA.6 inclusive and L4.A, include as additional inureds (subject to any customary exclusion in respect of professional Wbiliiyj OydNLrR, fiNtlI13EER f11GiiJEElis Consultants and any t*wr persmhx ea esttWa iduaifted in the Supplementary Conditions, ns, all of wham shall be listed as additionml insureds, and include coverage for the respective officers and employees of all such addition l insureds; 5.41, include the spectfc cover..� mid be written for not less than the limits of liabi ity provided in the Supplementary Ctariditmns o t required by Laws or Regulations, whichever is greater, 5.4.9. include ccainplated operations insurance; FK;1?G irFdtAL GCNpt7mONS 19 i aS 09wi ytWitec) w! (Tm'Y c'�F BOPtt (Y71.tdN.4 M(al]INI r;fiIIiiNS (R]'slT Ahae%11 5A,10 include contractul liability insurance covering CON'TRACTOR's indemnity obligations order paragraphs 6-12, 6,16 and 6,31 through 6.33; 5,4,11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONT ACTORand to each other additional insured identified in the Supplementary Coanditirnts to whore a certificate of insurance has been issued (and the artifcateei of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provided); 5.4.12. remain an effect at least wail final payment and at all times thereafter when CJONf RACTOR mayy att be correctmg, roving or replacing defecliw Work in accordance with paragraph 13.12; and 5.4.13, with respect to completed operations insurance, and any insurance coverage written on a claims -made basis. remain in effect Cor at least two years after final pamient (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Cmditiots to whom a certificate of insurance has been issued evidence satisfiat to OWNER and any such additional insured of continuation of scab insurance at firarl payment oral one year thereafter). OWNER's Liability 5.5. In addition to insurance required to be provided by CONTRACTOR uncles paragrafh5A, OWNER, at OWNER's option, may purchase and maintain at OWNER's axpensse OWM:R's awn liability insurance as will protect OWNER against claims which may arise from operatiansuncler the Commex Documents Property Insurance: e€ the Tut -sash deductible._._amounts.--. ...._mat.._. -..1 .-..iy.--the -and Ragttlatisrtsj, --This-u��+tttnso slml]; a�itaes-ncferorf ed..e tom each-ttf wlwan-is-deeme$-ttr amdshalldba liatadare; im aesured au addiGicmnl inaurad; 5%:2_..ba-wtittm-�r-a---Buildc+'s-Risk- "ruff-ei�t"-ear w lw aka-�s+�anss-€ear -leas-sr clatne C+f the-WeFk .tporarg bte Claud(" the--follemwing-_peenlss.-.-Lire;---ltghtnit--astemted -imourred-inAw ... repair -,or to of awrbtuatat efdu*O*. ffm4ded #mtAtch matenAk and mjipmm have been by ENGD"w mid 5,6A -bo maintained.iwvdia- maa4irial-jMmera is turty-,days! k4an _M9, `MR mhftll ddi ;A_� fiedl- L _C w Lies IZ'i 4emdi :,u#dbeWm 5.9. OWNER shall not be responsible for purchasing and maintaining interests of CO_CrACPTTRZly3uibwo==a0u'so or others in f H i_9@d_ded__4w_'hleam.%­ei_ will be hem sit -lase artei-it'-eny less �=diffmmh GQJ�UW Of4hm Vwwp,0P%ty,4,rA9U`;M Woverage--u�tin-thee-lrtttits-uf-stee�r-arntmras: -chats-may. -54 . 4,- -4t-GONTkAGfGR - at-'w"a Wdw wheial imuramee iIA 4ft Order nr- -Wntten--Amer*ck*era_.- prior -4o wfCI TY OF FORT C(AJ I M M(A)IFIC-Al IONS (REV 4 iZOW) 411 rw-w4n;040,f-�4ter yajVaM Ship 61gWA tg m . -gueh to the he MU lea (w -544,1-J--+ice Vainst— - -CONTRAGTOR� --- %boontradom ING"` Hf tw cr FRIV4 emenpow MI the MA Arty-41I1RnFOR00 Fef evew ef araivaimm- _V soeh will-4ieve-FIG rillf-ta,91' iti*0walj+."agr� aka-any-C�f-�.ti?�fl��r i�c�Ii»-+riii116�3ntY{k%tOff; the dirvew ompleyeasandagenta:ai`-anyo€�eut: Receipt rind Apn&catl(ni of insurance Procteds 5,12. Any insured loss under the policies of insurance required by lxaagmplis 5.6 and 5.7 will be adjusted with OWNER and made payable to OWN Mi as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of poragraph5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received a icd on account thereof and the Work and tie cost thereat covered by an appropriate Change Chdcr or Written Amenthnent. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall ohjact in writiryg within fifteen days after the occurrence of Iris to OWN6R's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, QW1QR as frdmisry "Il adjust and settle the lass with the insurers and• if �a ci-ar wrritr by aty`"Wr in mzares-OW#Y£iR--as- tillaeiary-5holl--give._b©nd-.-for-the Acceptance of Ron& and Insurance; Option to f2tptace: 5.14. If pL4i [I It has any c><ijection to the coverage amir, by oe other provisions of the Beads �Mr insurance required to be purchased and maintained by the petty CONTRACTOR in accorokt= with .Article 5 on the basis of notcar farmance with the Contract Doctunents. the in writa Witt, the o"Icates Partial Lkiliurtioa--Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work }nor to Substantial FADCr3ElsMAL 1914409901,ditini) WICtTY OF FORr (XILLINS MODIFIGA rlO*M (RHV 4 C(lea) Complabon Of all the Work, such use Or occupancy may be accomplished in accordance with paragraph 14.to, pprrovided "a no such use or occupancy shall eminence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any charges in coverage. necessitated therein. The insurers providing the property insurance shall consent by endorsement on the policy or pollcias but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy, AUTiCLY, 6--CONTRACTOR'S I2F"INSIBILITIFS Supertddon and SYrperintendenee. 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and effici(aitly, dwoting such attention thereto and applying such skills and "pause as may be necessary, to perform the Work in accordance with the Contract Documents. CONTRACTOR shah I be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, meth M. technique, sequence or pr%viltire of cotslnictioi which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to we that the completed Work complies accurately with the Contract Documents. 6.2. OOAIT'RACTOR shall heep on the Work at all time during its, progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and hNGINI.DiR except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shell have authority to act on behalf of CONTRACTOR All communications to the sprrinterrdent shall be as bimbg as ifgiven to CONTRACTOR I.ahar, MaiterWs and i,gs dpmmrt: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise rnquired for the safety o protection of persona 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 during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday, without OWNER's written arrreexnt given after prior written notice to FNCYNEAR. CT su r to rtCt_lass than_0 hahrs._in advalicc -A arty-tX'cirk..tq_he mfor sal on Setwrlay, Sunday Holidays ar autstda iho t3egular Working l•fcxrrs. 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. 90% 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 100% 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 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 9/12/01 Section 00520 Page 3 6.4, Unless otherwise specified in the General contains or is followed by words' reading that no like. Requirements, CONTRACTOR shall fUMisl1 and assume equivalent or "or -equal" limb or no substitution is Cull responsibility for all materials, equipment, labor, permitted, other items of material or equipment or transportation, construction equipment and machinery, material or equippmment of other Suppliers may be tooK appliances, fuel, power, light, beak, telephone. water, accepted by ENGINEER under the following sanitary fircilities,, tern ' facilities and all other facilities and incidenta�cessary far the furnishing, circumstances performance, testing, start-up and completion of the Risk. 6.7.11- If in EN0I1N&W!i sole discretion an item of material or equipment f 4,1.�(iggci44h PAG"1(7k propxiad by (X? TRAACIC?R is Ctttirnmll y must ccanply w _.._Ilte City. ... chastrrg resstrictions, A equal inn that named and sufficiently similar so that cpliy of !P tes�gns are avglj@ble_for review in the tar change in related Work will be required, it may nRices of the Bachasira and Risk Management he considered by KNGTNEER as an or al' l3ivision err Ci(y Cletk cl item, in which ease review and approval of the proposed item may, in ENG1N'EER's sole 6 2, Cement Restticticros: Cityof Fort Collins dixcretion be accomplished without compliance Resolution 91-121 rexiuires that sumiliers and tuoduccrs with sine or all of the raluirements for of certify that acceptance of proposed substitute items, thcend was n(A madc Lrk cement kilts that bum 6.7.1.2. Substinue hems.• if in ENGINEER's sole ldazarSlous_ err c as_a trod, discretion an item of material or equt�ptmmtCIA proposed by CONTRACTOR does not quaAfy as 6.5, All materials and equipment shall be of good an'ou-equal" item under subparagraph b.7.1.1, it nquality and new, except as otherwise provided in the will be aahsidered a proposed substitute item. tmct Documents. All warranties and guarantees CONTRiV TOR shall submit sufficient specifically called for by the Specifications shall expressly information as provided below to alloy; rum to the benefit of OWNER, If required by ENGINEER, E.tiC1INEER to deurri me that the item of material COMRACTOR shall furnish satisfactory evidence or equipmem pro lwsed is esseritialty eghtivalem to (including reports of required togs) as to the kind and that named and an acceptable substitute therefor. quality of materials and equipment, Ail materials and The procedure for review by the ENGINEER will egmpanent stall be applied, inswU4 connected, erected, include the kAviving ass emented in the used cleaned and conditioned in accordance with General Requirements and as NGMER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumirwnexs. provided in the ContmctDocuments, Requeas for review of proposed substitute items of materc I or equipment will not be accepted by PragrewSehedafe.• ENGINEER ttrom anyone other than CONTRACTOR. If CONTRACTOR wishes to 6.6 CONTRACTOR shall a(kere to the progress furnish ov use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment CONTRACTOR shall first make may be adjusted from time to time asprovided belowi written application to UNG1NEIiR for acceptame thereof, cenifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicate{ in results called for by the l)eneral design, be sim Her far 2.9) proposed etgusaner s in the progress in subataico to flat spectfted and be suited to the le that will not charge the Contract Times (o same use as that specified The applaxition will Milestones). Such adjustments will conform generally state the extent, if any-, to which the evaluation to the progress schedule then in effect and additintally and acwptan ce of the proposed substitute will will comply with any provisions of the General prejudice CONTRACfOR's adtievement of Requirenemsapplicable therteto Substantial Comtpletion on time, whether or not aceeptanoe of the substitute for use in the Work 6,6,2. Proposed adjustments in the progress schedule will require a change at any of the Contract that will charge the Contract Times (or Milestones) Documents (or in et provisions of any other shall be submitted in accordance with the requirements direct coorma with OWNER for work of the of paragraph 12_1. Such adjustmene; may only be Project) ich adapt the design to the proposed made by a Cliange Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12, of the substitute in txmnecliot with the Work is subject to payment of any license fee or royalty. 6.7, Sabmiearexand "Fh+�Equut" Itenrc Al variations of the proposed substitute from that specifeed will be identificd in the application and 6.7.1. Whenever an itent of material or cquipmenr is available waintcrance, repair and replacement specified or described in the Contract Documents by service will be indicated The application will using the name of a proprietary item or the name of a also contain an itemized estimate of all costs or particular Supplier, the specification or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such subditnte, including Costs of required_ Unless the specification or description redesign and claims of other contractors affected lz EXPCc}EN31tA11 CONVITIOM 1910.8(1990 11*40 wi Cr1)(OFFORT Cu1.J 4NODI'FICAT10NS(,ttFV A11600) by the rrsuftmg change alI of which will be considered by ENt`s1NEER in evaluating the p sett substitute. ENGINEER in rcqure (O.TRACTOR to &trnish additional %tor Ma let the proposed substitutc_ 6.7,1.3. 1201\711AC"'TOR'xExpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOWs e;tpcxtse 6.7,2. Subminrte Combitclrat 8lethodv or Prore&)Vs- if a ific means, met" technique, sequenec oz rocedure of construction is shown or indicated in and &(pressty required by the Contract Ibcuments, CONN'TR4CTOR may fuinah, or utilize a substitute meats. method, teclutique, w4uuenrw car procedure of construction acceptable to h'NGINGlif2. CONTRACTOR shall submit sullicient information to allow IsNUINElIft, in f31 GINEERs sale discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contmet Documents, The procedure fir teview by FNGINHER, will be similar to that provided in subpwngraph 6.7.1-2_ 6.7 3. Engineer's Fvahanion: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs6.7,).2arx16.7,2. ENGINE Rwillbethe sole judge of accgAabihty. No oral" or substitute will he ordered, installed or utilized without UNGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at C,ONTRAC:'TOR's expmw a special performance guarantee m other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consu taNs in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.12 mid 6.7.2 and in making changes in the Contract Documents (s in the p[ovisio m of any other direct contract with OV1N&R for work on the project) occasioned thereby. "Whether or not ENGINM a a subst"a item soproposed or submitted by MGOO RACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and EKGRNEER`a Consultants for evaluating each such proposed substitute item. aConcerning Subcontractors, Suppliers and Ji era,: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including [loser acceptable to OWNTA and WGIINE?ER ors indicated in paragraph 6.8.2), whether initially or as a substitute, against whorl OWNER or ENCYT EM may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other pawn or orpnizetion to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EXI)Ct OMMAL GC1NVITIONS 1919-9 (19" Edirtool wiCITY OF FORT C OIJANs MODIFICATIONS (REV 4daft) KA C ONTRAcroR shall Mori not less _ ohm 2Q l>edi off', � .,wit ion fgcgs�(that_�s. Xidiout subeoltlltleting)• The 20 percent rewires shall be understood to -refer to the Work the value of a3 l lhn?4t _ Ale f� ,wt price. 6.8.2. lf-ila®--Supp�mer�tsy-6atAGtorw t3ickliu�t Dceurnents require the identity of certain 3utrcortractom Suppliers or other persons or oirtraninticros (including those who are to furnish the principal items of materials or equipment) to be sulmitted to OWNER i"dvmw-ef-the spaa}fied Rate prior to the Effective Date of the Agreement for soceftance by OWNER and 9NGI?3Ef42 -..mid--if or ENGIN£i6R's acceptance (either in wnnng or by kmtrig to makewritten objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of !LNj INERIR No acceptance by OWNER or iNIG-DIM of any such Subccirtmctor, Supplier or other person or organization shall Constitute a waives of any right of OWNER or ENGINEER to reject &festive Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and amtssiorn of the Subcor actors, Suppliers and other persons and organizations performing or Mmislung any of the Wick under a dmia or indirect. contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own ads and omissions. Notting in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier oa other person or organization any contractual relationslhip between OWNER or WGINUR and any such Suhcortractox, Supplier or other person or organnzntwn, nor shall it create any obligation on the rare of OWNER or HNGINEIiR to pay or to we to the payment of any moneys clue any. such Sulwontractor, Supplier or other pawn. or organization except as may otherwise be required by Laws and Regulations. ON ^IfiR ar N _i>mv furtnxh to arty subcontracts, tt'`len cr cttiea .person or orsu m ition evidence o amounts Dead to CONTA.CTOR..-----ina5*xdatice.---------twill CONTRAC OR'S "Applircations for Pavment°, la 6.9.2. CONTRACTOR shall be solely responstbie for . scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organiattions performing or furnishing any of the Work under a direct or indirect contract wide CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and orgaraxations perforating or tinrnishing am, of the Work to communicate with the LNCrtrEMR drought CONTRACTOR. 6.IQ The divisions and sections of the Specifications and the identifications of an Drawings shall not, control CONTRACTOR in Lulinng the Work array; Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. &11. All Work perfommed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an =e agreement between CONTRACTOR and the r for cr Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the C:ctmract Documents for the benefit of t'atmi Fees and ftwi tes: 6.12. CONTRACTOR shall fay all license fees and royalties and assume all casts incident to the use in the performance of the Work or the mcorporation at the Work of any invention, design, process produd or crevice which is tltc subject of put eatt rights or copyrights held by otters, if a particular' itwdt6 design, process, product or device is sped &ed in rite Carttrect Documents for use in the performance of the Wok and if to the actual knowledge of MINER or ENGINEER its use is subject iu patent rights or copyrights calling for the payment of arty license fee or royalty to others, the existence of such r4hts shall be disclosed by OWNER in the Contact Documents. To the ftnikst extent permitted by Laws and Regulations, CONTRACTOR shall mdeni* and hold hamrless OWNER, PUMNEER, ENGINE ER's Consultants and the officer; directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or vaulting from any infringement of patent rights or copyroits incident to die use in performance of the Work or resulting ftomt the incorporation in the Work of i my invention, design pn s product or device not specified in the Cimtract Uri rants: £JC;C)0 C1hi3ERAG CGe�`I7t71ttfv's 19t� ftA96 GititiaU 14 w°C1Y0FFCKT(X)1,LM, MOL1rr4CATIONS(kFV422aaa) Perrortrs. 6.13. Lrmless otherwise provided in the Su lementary Conditions, C'flNTRACTOR shad obtain PL pay for all construction permits and licenses. 0411 R shall assist CONTRACTOR, when necessarryy, in obtaining such pe mus and licenses. CONTRACTOR shall pay all gctvemmental charges and inspection fees nooessary for the prosecution of the Work, which are applicable at the time of ripening of Bids, or, if there am no Bids, on the FATective bate of the Ageement. f ONTTRACTOR shall pay all charges of utility owners for connections to the Wcxk, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. . Laws andReSmIadons: 6.14.1. CONTRACTOR shell ggtnto till nctiees and comply with all Laws and Regulaticats applicable to furmslyiing and performance of the Work. Except where otherwise otpres>ly required by applicable Laws and 'Regulatiorm neither OWNER nor ENir1NEER shall be responsible for monitoring CONTRACTOWs compliance with any Laws or Regulations. 6.14.2, If CONTRACTOR performs any Work knowing or having mason to know that it is contrary to Laws or Regulations, CONTRACTC,IR shall boar all claims, costs, lopes and damnps caused by ansing out of on resulting therefrom, however, it shaft trot tie C ONTRACTO s primary responsibility, to make certain that the Specifications and Drawings arc in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 13.2. Taxis: 6.15. (X)NTRACTOR shall pay all sales, consumer, use and other similar -tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project whist are applicable during the performance of the Wait 6,15.1. OWNER is amot from Cotorado Swu and no Mthe G IBet. A'lee., AddArm: CQlmokt D>rMx dwcnt of Raveawo ,, teeC 0m1 Amex 117�51mmnh` l Deriver tolsnul_o—Lf Sales and Use Tr r s for.... the SWtc_of C cz3nra k �4Y.!R!_>"1 . Thai natran hhstnct (RTDi anL%I:I M (sloradc coutttes are onlleetea� by the tote of Coltxado and are mcluded in the Ctxti6cauon 1"�'tnlptlon; Ul_yppliru_Stls u Use 1°axesttMtuci�rg_tetG collected taxes), on any mem...a ...... t n construction apd bail'' eri 11 wee materials physically incur ratssmkt the are to be id by-COMMACTOR and are to _ I auprrnxiate bi 'te hs. Use of Nemises., 6.16, CONTRACTOR shall confine construction, equipment, the storage of materials and equipment and the oappaa��ations of workers to the site and lamer and areas idarti del in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easetnenta and shall not unreasonshly encumber the. }remises with coartrtwtion eeqquipahent cr other materials or equipment. CONI'RM717OR shall assume full rospoasibihty for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work should any claim be tirade by any such owner or omuu.�m because of thefr permance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration cr other d, to resolution proceeding or at law. GONTRAGfOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEERR, ENGINEEKs Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages aiiaing out of or resulting from any claim or action, legal or equitable, lrix& by any such owner or ocoo' 1 against ONANER, ENGINEER or any other parry indemnified hereunder to the extent caused by or based upon (X)N'TRACTMs perfcm anoe of too Rork, 6.17. During the progress of the Work CONTRACTOR "it keep the premises free from accumulations, of waste materials, rubbish and other debris resu tirg from the Work. At the completion of the Work CONTRACTOR shall remove all waste ratetiais; rubbish and debris firurn and about the promises as Well as all tools, appliancat, construction ecpripment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready fear o:ospanry by OWNER at Substantial Courplction of the WLvk. CONTRACTOR shall restore to original condition all property not designated for ahrration by the Contract Docimhents. 6.18. CONTRACTOR shall not load nor permit any part of any atruuture to be loaded in ��yy manner that will endanger the structure, nor shall CX)RACTOR subject any part of the Work a adjacent property to stresses or presumes that will enclanger it Reeond Uoesiments:• EJCll4'{3E:-3iSRAI. C.CSh@fnOlJ319 f 9�+t 0 §Wt E�kzixaz3 ro10 YOFsoarC.MLIN9 M(a)rFICATOM(aFVA/2000) G.1-9. CONi'RA('TOR shall mairnain t a solo place at the site one record copy of all Drawing-, Specifications. Addenda, Written Anelxhmeru Change Orders, Work Cliange Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all charges made during construction These record dowuments together with all approved Samples and a counterpart of all approved Slop Drawings will he available to ENGINEER for referahce. Upon completion of the Work, and. prior to,releasc of final payment, these record documents, Samples and Shop Drawings will be delivered to h"NONTRiER for OWNER. .Were and Proreetlon: 6.2(h. CONTRACTOR shall be res}wmsible for initiating,. mamtaining and supervising all safety precautions and progruma in connection with the Work. CONTRACTOR skean take all necessary precautions for the safety ri ; and shall prov ide the necessary protection to prevent damage, injury or loss for 6.20.1- all persons hm the Work site or who may be affected by tie Work: 6,20.2, all the Work and materials and equipment to be incorporated therein, whether in storage on or oil' the site, and 6-20.3_ other property at the site or adjacent therms, including tree, dirubs, lawns, wanks, pavements, roadways, struawes, utilAw and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of parsons or property or to protect them from damage.. injury or low and shall erect and maintain all necessary satt'egtmards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Linderg ottnd Facilities and raring owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of alai property, All damage injury or loss to any property referred atmgra to in pfi.24.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person cc otpartttation directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts mil of them may be liable, shall be remedied by CONTRACTOR (except damage or lost attributable to the fault of Drawings or Speciftcatiohs or to the acts or omissions of OWNER or ENGINEER or ENGiNEERks Consultant or anyone employed by any of them or anyone for whtiae acts any of them may be liable, and not auributsble, directly or indirectly, in whole or in part, to the fault or negligonce of CAON'TRACTOR or any Subcontractor, Supplier or other person or organization dim Alyy' or indiaoady umplrnyed by . any of them). CONTRACTOR'S dnnc and rcnsihrhhet for the safety and protection of the Work shell continue until such time as all the Work is completed and FN'GlNEER has issued n 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Wotk is acceptable (exccls as otherwise expressly provided in connection with Substantial Completim). 6.21. Sajeerrleprnornrative: CONTRACTOR shalt deli to a qualified onset experienced safety representative at the site whose duties mid respoahsibifiticss shall be the pravention of'sccidents and the maintaining and supervising of safety precautions and programs. Hazard Comtnnnimion darograms. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sleets ra other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. &7sergendev: 6.23. In emergencies affecting the safety or protection of persons or the Wink or property at the site or adjacent. thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damaggec injury or loss. CONTRACTOR shall awe ENGINEER prompt wnum notice if CONITRACTC)R believes that any sigrrifucant changes in the Work or variation ftsrn the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in reVow to such an emergency, a Work Charge Directive or Change Order will be issued to document the consequences of such action 6.24. ShopDmwkWanedSampdes, 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 a). All submittals will he identified as ENGINEER may rap tre and in the number of copies specified in the General Requirements. The data shown on the Shop Drewohgs will be complete with respect to tlurenfitim dimensions, specified perfonnamce and design aiteria, materials and similar data to show ENGINEER the materials and equipment CONT%,\CTOR proposes to provide and to crable F\'GINEER to review the, ai Mini Lion for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR stall also submit Samples to ENG%RER fur review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be ideaified clearly as to material Supplier, perunem data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGT' FER to review the submittal for the limited ih 1XDC NMA c� rxnurstsrasttQsysctc;a WICITY (iFFORI' ChO1d.,IN9 Mr1DIFICAT[QN5 QLEiV A2aacl) purposes required by paragraPK6.26 The numbers of each Sample to he submitted will be as specified in the Specifications. 6:2-, Submits! Aweedures: 6.25.1, Before submitting each Shop Drawing; or Sam ile, CONTRACTOR shall have determined and verified: 625,11_ all Geld measurcmems, quantities, dimensions, specified performance criteria, installation requirement,.materials, catalog numbers and similar information with respect thereto, 6,25.1.1 all materials with respect to intended use, is ricatim, shippintg, handling, storage, assembly and installation pertaining to the performance ofthe Work, and 6.25.1:1_ all information relative to CONTRACTOR's -ohs responsibilities in respect of mien, methods, techniques, sequences and procedures ofconstruction mid safety precautions and programs incidentthcreun. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with otter Shop Dtawit>gs and Samples and with the requirements of the Work and the Contact Documents, 6,25.2 Each submittal will bear a stamp or specific written indication that CONTRACTOR bas satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6,25.3. Al the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawmg or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the subtimittal; 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 vanietio n. 6.26 ENGINEER %vill review and approve Shop Drawings mid Samples in aannitmce with the schedule of Shop Dmwing; and Sample submittals accepted by ENG11,M . as required by paragraph 2.9. E13GiNMR'.s review and approval will be only to determine if the items coveted by the submittals will, after installation or incorporalionin the Work., conform to the information given in the Contract Documents and be compatible with Ube design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not omtend 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 Documentr,) or to safety precautions or programs incident thereto. The review and approval of a sepparate ilein as such will not indicate approval 4 the assenihly in. which the item functions CONTRACTOR shalt make corrections required by EN31NEER, and shalt return the rcgiired number of corrected copies of Shop Drawings and subunit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other Oran oho corrections called for by FNOMF.R on previous sudm» uals. 6.27. FMINls`FR's review and approval of' Srhnppp Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documcnnta unless CONTRACTOR has in writing called ENGINEER's attrntiai to arch such variation at the time of submission as required Ipy paragraph 6.25.3 aril ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Sinop Drawing or Sample approval; nor will any Approval by ENGINISSFR relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissiors accepted by INOTNEER as required try pet 2.9, any related Work performed COren to ENG NE R's review and approval of the pertinent mtrial will be at the sole expense and responsibility of CONTRACTOR CcntinuMgthe Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes at disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any d pas is disagreements, except as permitted by paragraph 5.5 or as OWNER mid CONTRACTOR may otherwise agree m writing. 6.30. COlV7'it4CTOR's General WaeranO and Gmaranree. 6.30.1.CONL'RACTOR warrants and guarantees w OWNER, ENGINEER and ENGINEEWs. 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, alwsmo dification odification or anproper mairaenance or operation by persons Miser than CONTRACTOR, Subcontractors or Suppliers, or 6.30.1.2, normal wear and tear under normal usage. 6.30.2. CONTR'ACTOR's obligation to perforinp and complete the Work in accordance with the Contract Documents shalt be absch itc. None of the following will constitute an acceptance of Work thin is not in EdCt)C dtb7,11'AAd. CGt"VON51910.9 (19900 mar) wtCITY OFFORT ('X)t,[Jr6MM CATIONS(REN.tnr)(m) accordaftwre with the Contract Documents or a release of CON TRACTOR'& obligation to perform the Work in accordance with the Contract Documents: 630.21 l servati rrra by FNt�INFER; 6.30.2.2. recommendation of any progress or final payment by Rg0INEER, 6.30.13. the issuance of a ccrtifiicate of Substantial Completion or any payment by OWNER. to CONTRACTOR under the Contract Do oments; 6.30.2.4. use or occupancy of the Work crony pan thereof by OW" URl 6.30.2.5. any acceptance by OWNER or any failure to do so; 6,30.2.6, any review and approval of a Shop Drowuig or Sample submittal or the issuance of a notice of occ eptabilaty by FNGIN IEFR purm arc toparagraph 14.13; 6.30.2.7. any ircipection, test or approval by others; or 6 30.2:5. any correction of c Paive Work biy OWNER. Indanaifrcafar: 6,31, To the fullers extent permitted by Laws and Regulations, CONTRACTOR Mall indemnify and hold hatialess OWNER, ENGMEER, ENGINEER's Consultants and the offrccv% directors, employce% agents and other consultants of each and any of them from and against all clamps coats, lees and damages (including, but not limited to, all fees and charges of engineers; architects, attorneys and other professionals and all court or arbitration or other disparate resolution costs) caused by, arising out of or restilting from the performance of the Work, provided That any such claim, cost, loss or damage: (f) is attributable to bodily irijury, sickness, disease or death, or to injury to of destruction of tangible pm (other than the Work itself), including the loss of use resulting therefrom, and (ii) it caused in whole or in poem by Arty iegligerat actor omission of CONTRACTOR, any Subcontractor. any Supplier, airy person or orgarawtiot directly or indirectly employed by any of Diem to perform or Amush Any of die Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in pane. any negligence or o m ission of a person or entity indem ad hereunder cc whether liability is imposed upon such indemnified pony by Laws and Regulations regardless of the negligence of any such pomvc rr entity. 632. In any and all claims against OWNER or ENGINEER. or any of their respective eonsulta ia, awns, officers, directors or employees by any employee (or the survivor or personal refersentativc of such employee) of CONTRACTOR. rty Subcontractor, any Supplier, any person or orgamuation directly or indirectly employed by 17 any of them to perform or furnEli any of the Work or anyone for whose acts any of them may lic 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, crnnparaatiun or benefits payable by or for CONNMACTOR or any such Subcontractor, Supplier or other or organization under woxkets' compensation ccis �ty benefit acts or other employee beneft acts 6.33. The inclemnifieation obligations of CONTRACTOR tinder paragiaph631 shall not extend to the liability of ENGINEER and ENGINI3ER.'s Consultants, ofticars, directors, employees or agents caused by the professional negligence, errors or onissions of any of them. Shm)W of t7iahgatiwls: 6.34. All representations, indemnifications, warranties and guarantees made in, required by orgiven in accordance with the Contract Documents, as well as all continuing obligatio ns indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and terminaticm or completion of the Agreemcm, ARTICLE7--OTRFA WORN Related Work at Site: 7.1, OWNER may perform other work related to the project at the site by OWNER'S own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have outer wok performed by utility owners. If the fact that such other work is to be performed was tot noted in the Contract Documents, then (i) written notice thereof will be given to CONTRACTOR. prior to starting any, such other work and (U)CONTRACTOR may make a claim therefor as provided in Articles I l and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or caprices additkvnal time and tic parties are tenable to agree as to the amount or maw thereof. 7.2, (X)NTRACTOR diapl of Ford each other contracur who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opporttairty for the introduction and storage of materials and equipment and die exectmoan of such other work and shall pr�pe�ly connect and comdiiate the Work with theirs IJnle� otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Rrork that may be required to make its several parts cone together properly and integrate with such other work-. CONTRACTOR shallnnot endanger any work of others by orating, excavating, or otherwise altering their work and will only cm or alter their worts with the written consent of ENGINEER and the others whose work will be affected. The duties and r balities of CONTRACTOR under this paragraph are r c benefit of such utility owners and other- contractors to the extent that there are comparable EXDC OENEliAt, Ci)h`1rt1QM 1910-8 (19" 6r6 w) 18 WCITY OFt(-*Td7 LLINS NIMPICA'110rN'Ot6V4,2(ft) pro vktons for the benefit of CON BACIOR in said circa contracts between OWNFsR and such utility owners and other contractors. 73. If the proper execution or results of any part of CONTRACTOR'.,, Work depends upon work ppxerrtonned by others under this Miele 7, CONTRACTOR shall inspect such other work and prcnnptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results, of CON" rRACTOR's Work. CONTRACTOR"s failure so to report will constitute an acceptance of such other work as tit and proper for integration with CONTRACTOWs Work except for latent or nonapparent defects and deticteneies in such other work. C:oordinadon: 7.4, If OWNER contracts with others for the performance of other work on the P"o u at the site, the following will be set forth in supplementary Conditions: 7.4-1the person, fvm or cornormion who will have authority and responsibility for coordination of the activities among the vatiows prime conhactrns will be identified; 7A2. the specific matters to be coveted by such authority and responsibility will be itemi2ecd; rew 7A4, the extent of such authority and responsibilities will be provided. Unless otheowiac provided in the Sul lementary Conditions, OWNER shall have sole su rity and responsibility in respect of such coordination ARTICIA.. 8-0'*VNER'S R1,NTONNSTRILITJES U. Bxc%eptt as otherwise provided in these Gennerad Conditions, CIWNER shall issue all communications to COMRACf OR thtoughENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an mgmeer against wham--�9N=Flx:AC ble-e6jaeMan: whose status under the Contract Documents shalt be that of the former ENGINEER 83. OW'MiR ,shall furnish the dato required of OWNER under dnc Contract lhnc nients promptly and shall make payments to CONTRAC"rOR promptly when they are due as provided in paragraphs 14A and 14.13, 8.4. OWNTER's duties in respect of providing lands and ease tents and providing crtgi leering surveyyss to establish reference paints are set fonb in paragrapihs4.l and 4.4. Paragn iph 4.2 refers to OWNTRs identifying and making availahlc to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing I) st uetui vs at or tx�ta pn ors to dw site tlu t have been uglized by F,NGfNE,P R in preparing the ('cmtract Docu menta 9-5,_.,.--.-ICf4tr'AVJP'e TIMTCanait4h1?aos-dr TCM)O t-Of-pWrilMSing and-ata' �aa�m--aro--cat forth -m paragraphs 5..:4-through S.14 8,0, OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7_ OWNEIR's responsibility in respeor of certain inspections, tests and approvals is set forth in paragraph 13.A_ S.S In connection with OWiNEWs right to stop Fork or suspend Work, ace paragraphs 13,10 and 15,1. Paragraph 15.2 deals with OWNER's right to terminate services of CO TRACRAR under certain circumstances. 8,9. The OWNER shall not supervise, direct or have control of authority over, nor be responsible far, C'ONTRACTOWs means, methods, techniques, sequences or procedures of constructitm or the t}' precautions and lrogranns incident thereto, or for any failure of CONTRACTOR to comply with I.aws and Regulations applicable to the 'Furnishing or performance of the Mork. OWNECt will not be responsible for COIvfRACTOR's failure to perform or furnish the: Work in accordance with the Contract Documents. 8.]0--C3WNERW-msponsibility-in respect-ef-undisclosed Raditoctive Met"Is no"eredor raveoleel at ti* site -is a+*f fortrpgra�aph-4-:a $44 I2 has agreeikt6 ftHrri k E>p' arrangemeets--.have_, ._-made—to- atisfy--£atWPdIm obk�tiens-+nulxr`'she - , r,�snsihthty--ut res�'eat-tlter�af wRl-lta As-set-ferttt-ei a3te �'ttpplartt®rtunry Ecvisditions- ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTLC?h 0 9,7CR'sRepresentative.- 9.1, ENGINEER will be Ol-'sTFR's representative during the c sistrttcticxi period. The duties and responsibilities acid the limitations of autlarrity of M%*T,y=— as OWNFR's representative during construction, are set forth in the Contract Documents and shall not be extended without written consent of OWNER and INGINIMR I bits to &er: 9.2. ENGINFRIk will make visits to the site at intervals ap�sopriate to the various siages of oonstruction as ENG PER deems nwessary in order kx observe as an experienced and qualified design professional the progress that has been made and the quality of the Various aspects of (Y)NTRACTOR's execulAxi Work. Based on information obtained during such visits and olr.0rvations, 0KCrl'MER will endeavor for the benefit of UAWM to determine, in general, if the Work is proceeding in accordance with the Contract Documents 1-h(`,11VFER will not be required to male eAwustive or continuous on - site inspections to cheek the quality' or quantity of the Wrork. I, vGTNEER's efforts will be directed toward providing for OWNER a greater de Wce of confidence that the completed Work will confirm generally to the Contract Documents. On the basis of such visits grid on. site observations, E:NGINERR will kee OW'NRR informed of the progress of the Work and will enckgvor to. guard OWNER against dejearre Work f2 GMHR's visits and on -site observations are subject to all the liatitatio is on E.x GINBER's authority and responsibility set forth in para�ph 9.13, and particularly, but withotit limitatitrm, rig a as a result of ENGI EER's oil -site visits or observations of 0ONTRAt�`TOR's Work ENGINEER will not supervise direct, control or have authority over or be responsible for CONTRACTOR's means, methuds, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONM%CTOIR to comply with paws and Regulations applicable to the hrmshing or performance of the Work. NeJ.ar Representaive: 9.3, If OWNER and VNCYl1,JF9R agree, ENGINEER will furnish a Residem. Itoject Representative to assist FK()MER in providirilif more cortila ouv observation of the Work. The r bilitias and authority and limitations thereon a any such Resident Project Representative and asswartts will W as provided in parVaphs9.3_ and 9,t3 C-ratdi-tines of these General Conditions, If OWNER designates another r Mauve or aggent to represent OWNER at the site t= not EN: Mla Constilumrn, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as d'tlase General corxlititats IF the iii3C3It� Amli lies ar3�isWnis iQ�f the .i7L�1�...1iR �at..+bt�!G� or ,agent. all as provided in gar, egt�h 9.3 of the Gone at }tt rs�i ,dj Ttsnrasatttatrvves shall Snivg �e atltlpar s_nd_lim�lo�_.as�,r�Y�rkd�i �_tasrat�tsh 9.13 � tfps, t;,eu t Catditiaru and steal] be subieci to flit folic 9 3 i �ltg . �k7�"e�t?SdGv 'a datkll+�s ut ...:pinttS� pertalnin to tli as Ue, w will, in g.ttael,,he w sh the M]GTNeER and CONTRACTOR, But- the Repraaertf giii a will, _keep? thg OWNER Pt4I?aity advwde Alrwt such matters. _Ih'e ]Z esuxlativg's dealimas with subcontractors will onlv be throuaAhcr within ft tlll.,knowk4se _and--#pproval o _, the WN'?"MU& 9.3.. uties and R-giWi lbilities Rearrseniglive will 21-LI 3otredulat� Reviovv the xc�ecv EJCDC: Gi{2vtAi.nl, GOPtLi['i]ONS t 9lo-s 0999 gdltiai) 19 wt QTY OF FORT C NAA NS MO[)[FI C.Ar'tfxNs tkfiY L2na(1} } �..y�dttle ate trerr ����� � ire coppraning gc Mal l 01.22. Conferences aril Min ttq� meegrg with the CONCRAC-TQ& smh as prcx:rtrZslruct np ectnf ^[tces,..�uctgress meetir�,as Altd /ttj „jQb_ v hC@S and ,u�qvre„arW crcul@te_c�rpies of mimltes nt tn�etjngs, 9,3 .1, L: A. sgn 9323.1 _ Serve as WGINIiER'S liajsan with CONfRACTOP woridia mmimliy troughNTRAC'1"(R Serinten to assist a mxmA(TQ9 m u Al Sandng the Ccxrtr ict Docv cnts. 9.3;23.2_Assist in obtain m firm OWNER 3ti�t}.tl . dciat j�s__o£_.1��»atia�_._when rm imd. fa mom execution of thcc Wotk 93 a A t T ffNRh`R anti t`,ONIRACTOR of the conmienmilent of '�ntC'n�ttmj:�iim tf t17e SL nt�`rulatt h iv rxtl t+ca> apff ed bby ttteRiG!'�t lk 4,Rw �t �strk.r�n.sf ��av� tl_'.c>rk IrtscYiUns aral_Tests_- 9.3 2.4 I Cor dgq on site dtservatiarts�f in dotctmjnj t the won is acceding in acaxte uT�M lha � ni act T]acwt3et�� 9� •4.3.��exitWtn� vj-sr-'tiL�t.�._ CIOTS fcpesiu. �e stub is gather aeer-rcvir� att[1,,.: aSt .r ctve,�,the Pt„a�gct.,i_cusvd tSre tS 31ts g �i .�ptssj?_ecjat�s at:+�_-ice t4___�i4 .. .................... 9,325i _ . lnte,,V ntrun. pf . C;mtract Doctmerns,__. Repa3 -to .F %CrtI3iLR when claridaaiticaus and intqjpgWiqns of Ow Contract Doca...._..mig _& _!J a Srtn n?t.w CpNTRAG'M clarjticatjoa,_cttM,ftite rwk ck the (;antract Tkcwnenus as issued ty._tt Eti;�IItiT,�iR. 9.3�26. Wdifict Y omxi Consider and ev o to CONTRACTOR'S mrggestjcng -Jo' ,FJC'DC Ci�WERAL COiVt?d'Rf)W 19i44119" W iat) 'i1 w atrr aF rt7a r xx.�t Ns �tontF cwua s rgty nn au> aicrditicaaan in 1)raav' ar ;5 CiCt� anti rc__tltesc ,rccctmt�te <�rxs to FN_ Nh%F�12_ .\cc tcl , trarmit to CONTRACTOR �sions iswiecl lfy the ., GiNF.�R, 9 3.2.1. Recarcls. 2.33&.ls._ .,druimi�t._ ENCtINEER oerig 1 ak and of tFte . LR'S &_Wm of ech lulinc m or ,.. do of staff of impautar��of ftWprk 9.3.2 8.3. Draft mwStsecd._Change Orders rccmtti metrtdtam5..h ge Orders. Work Duective Cranes and fold orders, 93.18.4. I?eport jmmedjate- _ to F-N9_TNFLE&An_4WNRR thc._occynTencc_of Am134'9l*nt. 9. ):Review actilicatioris with the eftbUied trod tor iheu .�utmtissron and forward with recommendation to F��+GI'gF.F__„�1�,,,,,,,ncNt_p, icWarl�the r�lattan,�tt�a cif thg pe3mcmt r,� ti�t�s�i,w_ihe s�heclrie nl va[Urs, work completed and „_materials and eouiolnent delivered at„the ste_lxtt_not tnco rmit m item the WtuL 9.34,19, Completion,. 9 3 �,10 1; LitfnrC,_,TAIU tNt R issues._. a !1?s�te_uf �ul�,tt�� Cu�tPlo}>wot>, at�atitl to CONTRACTOR, a list ofobserved items rcuuirinar correction or corrialetion. 9.3.2.10.2. Conduct final iirspxtion in the mmEnJEROWNFd%ndh C(3419 C�,pie e a filial fist-4 jtems to be w rectstif or C nlplcked. 9.32103 Ohsave dint sd1 ggltts cat the ete�t. make recommendations to Ei G'fiVEER concerning acceptance. 9.3.3. F.imktation oC Aarthority_R,�mr_esentati„�„, v _„__.,_e slmallslmall not; 4.3.3.1.__ , A adtorize._ any. _dev_i itians ..,front the (;p84L TktctauenEs �l4itt,",_pp,X.._s.St�l1.�S2 93.32, Exceed Limited s of NC3 N RS ao HtltliM1.F a+ �1tlw 2�.�a9 �_�lauts.un, wit �i[s�t°K�s_r�lulir mearxs�_ metlwds _, techtu,�re�,,,_ �aequertces _or sClc�Ily.Sa_11� foi v?.1�ie �Oniraci l�ocin...�nan�: 9.3.3.5. Advise art or issue directions �L �3SiJiE.4}: �ops and nrtxtramg irj cmriec�on� with the VU16APcept . . Chru'ir _-or lz sp�ittak kom N&M „ether _therm ilia CONTRACTOR. 9337 Authrize OWNTR to,_.cxxgpy the _ �mnwlx>1c a ur ostrt. 9.3 x.8. Pintietpate in -moialimd, field or laboratary tests or i mvctions conducted by others e2cc�t as.._spieoific�al.ty_„ autlwrizc„d by the Clan fixations and taterpremdom. 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FXDC(JB. RAl.COtapMONSI91"09"b'o1km) w7 CXTY OF FORT Q1lAAXS MODWIC:A7mONS (REV 4 rtarnml ragttitttttenta of the Contract Documents (in the limn of fhawings nr otherwise) as F:NGI1vEER may determine necessary, which shall be consistent with the intent of mid reasonably inferable from the Contract Faucumen[s. 5 tch written clanfications and interpretations will be binding on OWNER and CONTRACTOR. If OWN Z or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or cxtait dimoof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Variations Ire Work: 9.5. RNGINVER may authorize minor variations in the W(Ak from the requirements of the Contract Documents which do not involve an a u tment in the Contract Price or the Contract Times a;J are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may he eecomplishad by a Field Otter and wilt be binding on OWNER and also cum CONTRACTOR whn shrill perform die Work involved promptly, If OAMR or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Prim: or the Contract Times and the parties are unable to agree as to the amount or eider thereof; OWNER or CONTRACTOR may make a written claim therefor as Ixovitled in Article 11 or 12. RejeciingDefective Work 9,6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be dgfecfive, or that ENGINEER believes will trot produce a completed Hvjeck that confornta to the Contract Documents or that will prejudice the integrity of the design coxrcept of the completed Pro ett as a functioning whole as indicated by the Contract turnori a ENGINEER will also have authority to require special kspection or testing, of the Work as provided in parregraph 119, whether or not the Work is faimieated, urtallesl tr conpleted. SWOP Aratt*Fngs, Change Orders and Payrrnena. 93. In connection with ENGINEER'S authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8 in connection with ENG1NEM authority a� it, Chaimge Orders, see Articles 10, 11, and 12. 9.9, In connection with ENGIYEERs wahoiity as to Applications for Payment, sex Article 14. Determinudons for Unit Prices 9.M &N-KNEEiR will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER wilt review with CONTRACTOR RACTOR the,, GNGINTiB1t`s preliminary determinations on such matters before rendering a written decision rltcreon (by recommendation of an Application 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 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: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, None 7.4. Addenda Numbers NA. 7.5. The Contract Documents also include all written amendments and other 9/12/01 Section 00520 Page 4 l kia p aymom or otherwise) ENGINUXIi written decision thenvon will be final and binding upon OWNER and CONTRACTOR:, unless, within ten days after the date of any such decision cities t}WMT R or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to ap�ea1 front UNIGME R's decision and (i) an appeal from ENG11NTERRs decision is taken within the time limits and in accordance with the procedures set forth in Exhibt GC -A, "Dispute Resolution Agreement", entered into between O4F'NER and CONTRACTOR pursuant to Article 16, or (iti) if no such Dispute Restdution Agreement bus been entered into. a formal proceeding is instituted by the "Rivaling panty, in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to RNGNEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR- Such appeal will not be siubpect to the procedures of paragraph 9.11, vedsions on Distwter 9.11. INGINEER will be the initial interpreter of die requirements of the Contract Documents and judge of the acceptability of the Work thereunder, Clauns, disputes and other matters relali, 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 I 1 and 12 in respect of cxmges in the Contract Price or Contract Timm will be reretred initially to F.NGINFAIR 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 W delivered by the claimant to ENOTNEER and the other party to the Agreement promptly (but in no event lawtha lan thirty days) after the start of the occurrence or event giving rise thereto, and written supppp (Iota will be submitted to ENGINEER and doe othoertparty within sixty days after the start of such occurrence or event unless ENGINEER allows an additional Perim of time for the submission of additional or more socuraw dam in support of such claim, dispute or other matter. The op posing party shall submit any response to ENGINEER and the claimant within thirty days all* receipt of the claimattt's last srbmival (uotess ENGINEER allows additional time). ENGTNF.E12 ,wiU render a formal decision in writing within thirty days after receipt of the opporing patty's submittal, if any, in searchers with this pattagraphh. ENGINEER's written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR azaleas: (A an appeal from ENGINEMs decision is taken within a time limits and in accordance with the �tireS set forth in EXHIBIT GC -A, "Dispute lutfan V, mneru", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (re) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINI73Rs written decision is delivered by OWNER or CONTRACTOR to the other and to 11l10MIR within thirty days after the date of such decision and a formal proceeding is instituted by the appu atmg party in a forum of competent jiundiction to exercise such rights or remedies as the appealing patty 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 22 E16llG(#k�.T�tAL COiv`ptTtC)e�t410�81t45a 1;ditta) wf CITY OF FORT (KA L[NS Mt7t�IFl[;AT7ikNt {ktiV AhaCNll decision, emloss otharsvise agreed in writing by OWNER and CONTRACTOR. 212. When functioning at intcc�hpnreta and 'nudge under paragraphs9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by UNGINEEM pursuant to paragraphs 9.10 or 9.11 with respect to airy such claun, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will he a condition dent to any exercise, by OWN ER or CONTRACTO of such rights or remedies as either may otherwise have under the Contract Documents or by Lau's or Regulations in respect of any, such claim, dispute a other matta puistantto Article -16. 9.13. Limitations on Gi`t INEER's Autherlty and ReVondbffirtes: 9.13,1, Neither HNGINEW''s maturity or responsibility under this Article 9 or under arty Wierprovision of the Contract l kocu ments nor any decision made by ENCIINE)I R, in goad faith either to exercise or not exercise such authority or responsibility or the uraicna ""t exercise or performance of any atuhdaity r resp utsu s$dity by ENC3MMER shall create, impose or ggirve rise to any duty owed by E1,10MER to CO "UurOR, any Sut,,,wactor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, 913.2, 1a1NGINUM will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, wchaiques, sequences or procedures of consututim or the safety precautions and programs Incident thereto, or for any failure of 0ONTRA( TOR to comply with Laws and Regulations applicable to the A ndihinig or performance of the Work. ENGINEER will not be responsible rot CONTRACTOR's failure to perform or ftutnish the Work in aco"dance with the Contract Documents, 9.133. ENC$NEER wiR not ha bla for the acts or omissions of CONTRACTOR or of arty Subcontractor, any Supplier, or of any other her person or organization performing or famishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying doatmtentatitm and all maintenance and operating instructions, schedules, guarmitem Bonds and certificates of inspection, tests and approvals and other documettatiol required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of oertifidates of anspectitms, tests and approvals that the results certified indicate compliance with, the Contract Documeras 9.13.5. The limitations upon authority and responsibility rot forth in this paragraph 9,13 shall also apply to ENGINEER'S Conaulituts, Resident Noject Represerdative curd assistants. AR,rICLE 10--CHANGES IN THE WORK 10.1. Without invali<laty the Agreement and without notice to any surety, OVAM may, at any time or from time to tune, order additions; deletions or revisions in the Work. Such additions, deleticns or revisions will he authorized by a Writttn Amencmment it Change Ondcr, or a Work Charge Directive. Upon receipt of any such. document, CON -TRACTOR tali promptly proceed with die Work involved which will be performed under Ore applicable conditions of the Contact Docwmerms (except as otherwise specifically provided). 10Z If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an ad�lttstment in the Contract Prim or an adjustment of the Contract Timcs that should be allowed as a result of a Work Charge Directive, a claim may be made therefor as provided in Article i 1 or Article 12, 10.1 COIN'TRACTOR shag not be entitled to an increase in the Contract Price or an extension of the Contract Tim as with respect to any Work perfornted that is that re uired by the Contract Documents as amended, modii ad and supplemened as provided in paragraphs YS and 3.6, except in the case a an emergency as provided in paragraph 6.23 on in the case of uncmermg Work as provided m paragraph 13.9. 10A OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes un the Work which are (i) ordered by OWNER pursuant to 10.1, (fi) required because of eeoeptatue of de Work under paragraph I3.13 or correcting eosin¢ Work under Paragraph 1114, or (iu) agreed to by the parties; I OAZ changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4:3. changes in the Contract Price cr Contmct Times which embody the substance of any written decision retmerod by ENGNE R pursumt to paragraph 9,11, Provided that, in lieu of executing any such Change Ceder, an cep 1 to be takzn from any such decision in ace amwe with the frctvisians of the Contract 1-cx;tments and applicable Laws and Regulations, but during any such ercep d, CONTRACTOR shall wM on the Word: taxi e to the progress schedule is provided it) Paragraph 6,29. 10.5. If notice of arty change affecting the general scope of the Work or the Provisions of the Contract Documents klCllC. t+F.1ORAL 09901;ttltiurn wt cSTY OF FORT oYN.nANS MODI l CATION$ (REV Aha00) (including, but not limited to. Coo"ct Price Or Contract Times) is required by the provi!wins of any 13dstd to be ggiven to a staetyy, the givi.N of any such notice will be tY)h3'fRACTO 's responsibility, and the amount of each appslicable Bond will be a4uatcd accordingly. AI2MIX I—CRANGP (W CONTRACT PRICE 11.1. The Contract Prco constitutes the total compensation (subject to authorized adjusuneras) payable to CONTRACTOR for perform frig the Work. All duties, realnnnsibilitics and obligations 7701' d to dr undertaken Fry L NTRAC"tOR shall l at Ct714T"McTow. expense without change intlte Contract Price 11.2. The Contract Price may oily be chammed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shelf be based on written notice delivered by the party makitsg the claim to the other party and to ENGINEER promptly (but in no evert late than thirty days) 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 daut shall be delivered within sixty days after the start of such occurrence or event (urihaa ENGINEER allows additional time for claimant to submit additional or more accurate dote in supper of the claim) and shall be accompanied by claimant's written statement that the adjusttneu claimed covers all known ttmtxmis to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be detoured by ENGL'v`EER in accordance with paragraph 9l1 if OWNER and CONTRACTOR cmuiat oditt v ise agree con the amount involved. No claim fir an adjustment in the Corthw Price will be valid if not submitted in auaxrdance with this paragraph 112. 113 The value of any Wok covered by a Otarge Order or of may claim for an adjustment in the Contract Price will be detertnined as follows: 11.3.1, where the Work involved is covered by unit fin cc% untanned in the Contract Documents, by application Of such unit prices to the quamitics of the items involved (suhjeoi to the provisions of 23 paragraphs 11.9.1 through 11.93, inclusive), CONTRACTOR shall obtain +xnnpotave bids frrom Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to omit prices contained in the Contract Documents, by a OWNER. who will than determine, with the advice of mutually agreed payment basis, including 'lump sum F.NGib1FER, which birds, if any, will be accepted. If (which may include an allowance far overhead and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 1162} the Subcontractor's Cobh of the Work and fee shall be determined in the same manner as CONTRACTOR'-, 11.3.3. whore the Work involved is not covered by unit Cast of the Work and fee as provided in twicee$ continued in the Contract Documents and paraMphs 1 14, 11 5, 11.6 and 11.7. All agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of mph 1 t_3.2, on the hasis of the Cart of the fork the Contract Documents nmsof it as applicable (derag termined as provided in paragraphs 11.4 and 1.1.3) plus it CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including hot (defermincdasproviced in paragraph i'I.6). not limited to enfarrcerx architects, testin laboratories, surveyors, attorneys and acc:ountunts'l Corr of the Nark- employed for services specifically related to the Work. 11.4, The term Cost of the Work means the sum of all costs neatly incurred and paid by CONTRACTOR in 11.45. Supplemental costs including; the following: the proper performance of the Work, Except as otherwise may be agtuxl to in writing by OWNER, stair costs shall 11.4.9.1. The p rcpcntion of necexieny be in amounts no higher than those prevailing in the transportation. travel and subsisteance expenses of locality of the Project, shall include only the following MYMACTOR's employees incurred in items and shill not include any of the costs itemized in discharge of duties connected with the Work Paragraph 115: 11 A 5.2. Cast, includhnt; transportation and 11.4.1.Payroll costs for employees in the direct employ CONMACtOR in the the maintenance, of oil materiak, supplies, of perkormance of OquIpmient, machinery, appliances office and Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are contained in the employces shall include within limitation performance of the Work, and cost loss market superintendents, foremen and other personnel value of such items used but na connumed which employed full-time at the site. Payroll costs for remain the property of CONTRACTOR employees not employed fufi4ane on doe Work shall be apportioned on the basis of their time spent an the 11 4,5,1 Rentals of all construction Work. Payroll casts shall ino@ade, butatst be limited to equipment and machinery and the parts thereof Wanies and wages plus the cost of fringe benefits whether rented from CONTRACTOR or others in which shall include social security conuibutiowS accordance with rental agreements approved by unemployment excise W payroll taxies, workers' OWNER with the advice of I NGiNIMP, and the compensation, health and-rent€ement benefitsr-baet n: ccffits of transportatio n, loading, unieaditng, gpay applicable thereto. installation, dismantling and removal thereof --all The expenses of performing w altar regular in wxcadanw with terms of said rental waking hoar; on Sanuday. Smreiny or Segal hohdays, agreements. The rental of any such equ rderC shall be included in the above to the extent authorized machinery or parts shall cease when the use by OWNER. thereof is no longer necessary for the Work. I IA2, Cot of all materials and Nuippmment ftunislKA I I A.SA. Salo;, cwnsumcr, use or similar taxes and incorporated in the Work, including costs of related to the Work, and for which transportation and storage thereof, and Suppliers' field CONTRACTOR is tiabie, imposed by Laws and services required in connection therewith All cash Rogulationa. discounts shall accruic to CONTRACTOR untccs OWNER delnwits funds with CONTRACTOR with 11.4.5,5 Deposits knst for causes otter than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcw¢nrctor or anyone directly or indirectly discounts. rebates and refunds and returns from side of employed by any of them orfor whose acts any surplus materials and equipment shall accrue to of than may, be liable, and royalty payments and OWNER, and CONTRACTOR shall make provisions fees for permits and licenses, so that they may be obtained. I L4.5,6, Losses and damages (and related 11,4.3, Payments made by COh"fRACTOI1 to the expenses) caused by damage to the Work, not Subcontractors for Work Mformed or furnished by compensated by insnance or otherwise, sustained Subcontractors. If required by OWI.46R, by CONTRACTOR in cmecuwn with the a4 6XIM ENVItl t. CONU11or� ialas uv90 t atimu w, d1 iY OF FORT (X)t .INa MtiH]I'FLCA'Rl?NS (RF;V aiatau} performance and furnishing of the Work (except losses and damages within the deductible amounts Of prro�peerty insurance established by OWNER in so si: ce with paragraph5.91 provided they have resulted from causes other than the ne 1g of CONTRACTM an), Sub etor„ or anyone directly or indirecy employed by any of them or for whose acts any of them may be liable. Such losses shall include settluncras made with the written consent and approval of OWNER_ No such losses, damages and expenses stall be included in the Cost of the Work liar the per of determining if, CONTRACTORS, fee. however, any such loss or damage requires reconstruction and CONTRACTOR is placed in change thereof, CONTRACTOR sftttli be paid for seavics a fee proportionate to that stated in paragraph 11 Al 11.4,5.7_ The cost of utilities, fuel and sanitary facilities at the site, 11.4.5.8. Mirror expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in wmnection with the Work. i I A 59. Coat of premiums for additional Bonds and hnswaince required b:oause of changes in the Work. 11.5. The rem Cost of the Work shall not include any of the following: 11.s,i. payroll coats and other compensation of CONTRACTOR' of6cem exectarves, principals (of partnership and sole prota ictorshipsl general managers, taginaxs, architects, estimators, attorneys, auditors, accountants, purdimng and contracxing. agents,. owditets, timekeepers, clerks and other peraammel emploeryyeod by CONTRACTOR whether at the site or in COOR'A' CTOR's principal or a branch office for o mural adminishahonof die Work "not specifically tricluded in time agreed upon schedule at' j classifiatdons reared to in paragraph IIAI or specifically coverall by paragraph 11.4A-al1 of which are to be considered admmnintauve costs covered by the C'ON'1'RACfOR's Pee. 11.5.2. Expensas of CONTRACTORSs principal and branch offices other than CONTRACTORS office at the site. 1h53. Any part of CONTRACTOR' capital expaw%, including interest on CON"fRAC'TOR'S capital employed for the Work and charges againg C ONTR i ` rOR. for delinquent payments. 113A. Cost of premmins for all Boards and for all insumme whether or net CONTRACTOR is required �t�yy the Contract Documents to chase and maintain ffe saina (except far the cost of premiums covered by subparagraph 11.4.59 above). S,JCDC 015FOstAI, CONDIDOSd 19 rat S A 99e Eittivi) WI CITY OF FORT COMM MODIFICATIONS iRTIN ID(M) 11.5.5. Casts due to the negligence of CONTRACTOR, any Subcontractor. or anyone directly or indirectly employed by anyy of them or for whose ads any of them may be habic, including but not limited to, the correction of dkfedive Work, disposal of materials or equipment wrongly supplied and makinggood any damage to property. Al .k Other overhead or general c-xpenae casts of any kind and the costs cf any Item not specifically and expreAy included inpatagraph 1 IA 11.6. The CON`fRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, of 11.6?. if is fixed fee is not agreed upon, then a fee based on the foll percentages of the various portions of the Cbst aWork: 11:6.2.1. for cam incuned under paragraphs 11.4.1 and 11.4.2, the COE ITRAC.'TOR's fee shall he fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CON-MACTOR:s fee shall be five percent; 11.6.2.1 where one or more tiers of subcontracts are on the basis of Cast of the Work phis a fee and no fixed fee is agreed upon, the intent of paragraphs 11 Al, 11.4:2, 11 A3 and IIA2 is that the subcontractor who actually performs or furnishes the Work, at whatever tier, will be laid a fee of fifteen percent of the costs incurred by such Subcontractor muter paragraphs 11.4.1 and 114.2 and that any higher tier subcontractor and CONTRACTOR will each be paid a fen-ef•Fty}aereeref Nne anneunt-}raid to doe-next-leiwer-tie+�5trbeertttxeter;- b � 11e89:&� five of None aunt to ntvd lower 1kli7g.�1tEEL4i4G 11.6.2.4. no fee shall be payable on the basis of coasts itemized trader paragraphs I1A.4, I IA5 and 11 5; 11.6.2.5, the amount of credit to be allowed bbyy CONTRACTOR to OWNER. for any, chat which results in a net decrease in cast will bo the amount of the actual act decrease in cost plus a deduction in CONTRACCTOWs fee by an amount equal to five percent of such net decrease; and 11,6.2.6. when both additions and credits are involved in all cane change'. the adjustmsmt in CONTRACTORSs fee shall be cunptned on the basis of the net change in accordance with paragraphs 11.6.2-1 through 11.6.2 5, inclusive 11.7. Whenever the cast of any Work is to be 25 detertumed pursuant to paragraplts 114 and 11,5, COMPACTOR will esutblish and maintain recxrds thereof m. accordance with generally accepted accountingpromces and submit in form acceptable to ENG ER an item ized cost breakdown together with supporting data. Cash '1110 ances: 11.8. It is understood that CONTRACTOR has included in the Contract Prtce all allowances so »awed in tine C.omnla:t Documents aid shall cause the Work so covered to be "shed and performed for such sins us may be acoeptabletoC)WNRRondRNC:lNEFR. ("I)NTRAC'MR, agrees that: 11,81, the allowances include the cat to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at Ific site, and all applicable taxes, and 11.8.2. CONTRACTOWs costs for unloading and handling on the site, labor, installation costs overhead, profit and other expanses (mmemplated for the atlowanc es have been included in the Contract Price and not in the allowances and no demand for additional payment cm account of any of the foregoing will he valid Prior to final payment, an appr2luptiate Change Girder will be issued as recommended by E GMhR to reflect actual amounts due OONTRACTOR on account of Work covered by allmvaraet;, and the Contact !'rice shall be c orresportdingdy adjusted. 11.9. Unit Price Work 11,9.1. Where the Contract Documents provide that all or part of the Work is to be Lint n-ice Wok initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum 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 Agr'aeneM The c estimated quantities of items of Unit pPn�etWork are rot guaranteed and an solely for the purpose of oomponson of Bids and determining tin initial Contact Price. Detenuinottats of the actual quantities and classifications of Unit Price WorL Performed by CONTRACTOR will be mac- by EKGDM in accordance with paragraph 9.10. 11.9.2. Tech unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 119.3.OWNM or (X)MRACTOR may make a claim for an adjustment in the Contract prig in accordance with Article i 1 if 11.9.3. L the quantity of any item of [unit Price Work prcrfonued by, CONTRACTOR differs matetially and significantly from the estimated quantity of such item indicated in the Agreement; 2G WCDCOLNERAI CON)HIONS 1910-8 (1990 Ediuun wi Cl IY Olz "T (S)I.LIN3 MMIFIQA-nO?h 9 (RIiV 4tE6tla) and 11.9.3.2. there is no conespxmding adjustment with respect to any other item of Work; and 11.9.3.3, if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the patties are finable to agree as to the amount of any such increase or decrease. 11,93.4, CONTRACTOR ackngwl.-,�iges tlta the OWNER has the ri¢I_ to add or delete items in the Hid or ahanat cuardttiea at QWN � 'S sots discretion without afftoting, ilte Contraut Price of an ._re111a..irulg-tdn.....a4. 1.o 8..As _tlkC._ 1e4!ott..._or ltldt__doys not twentty five ptercent of the onsi_n_al tots 001 t CLeriim Ab7'r1CI;E 12-•C HANGEOFCO TRACT TIMES 12.1. The Contract Times (or Milesones) may only be changed by a Change Order or a Written Amendment. Any claim fur an ad�'ttstnent of the Contract Times (or Milestones} sbaU he based on written notice delivered by the party making the claim to the other Party and to h"NGINEER promptly (bra in no evert later than thirty days) otter the occurrence rerxx of die event ving rise to the claim and stating the coral nature of the claim. Notice of the extent of the cLtan with suppordrtg data shall be delivered within saity derys after such occurrence (fatless ENGIN EER allows additional time to ascertain more accurate data in suppatrt of the claim) and shall be accompanied by the claimants written statement that the adjustment clammed is the entire adjusmera to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adlusunent in the Contrast Tunis (or Milestones) &hall be determined b�' E4GR4M in accordance with parxgraplt9.11 if OWNER and CONTRACTOR cannot otherwise ogee. No clann for an sdjus{tnen>i in the Contract. Times (or tvfikstones) will be valid if not submitted in accordance with the requirements of this paragraph 12,1. 12.2. All time limits slated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract 'Times (or Milestones) due to delny beyond this control of CONTRACTOR, the Contract Times (or Milestones) will be exteruled in an amount equalto time lost due to such delay if a claim is made therefor as provided in patt 111. Delays tvyond the control of C(7NTWACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, fkwds, epidemics, abnormal weather conditions or acts of God Delays attributable ut and within the control of a Sulvortbactor or Supplier shidl be d ettivai it, be datay% within the writrol of CONTRACT 11A. Where C(M'RA('fOR is prevented from completing any part of the Work within the Cominiet Times (or Milestones) due to delay beyond the control of both OUN11M and CONTRACTOR, an extension of the Contract Tunes (or ivItlestones) in an amount equal to the time lost due to such delay shall be OMTRA0TOWs sole mid exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subco ntructtr, any Supplier, any ocher person or ragatuntion, or to ally surety for or emplovee, or agent of any (it' than; for damage; arising out cf or resulting from f) delays caused by or within the control of the MNTRACIOR, or (ii) delays beyond the control of both patties including, but not lasted to, fuel, hovels, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7, ARTICLE 13—T S AND INSPECTIONS; CVRRFC:TIO:v, REMOVAL OR ACCEPTANCE OF DEFECTIII' WORK 13,1. Notice ofDefeds: Prompt notice of all defective work of which OWNER or UNIGINEER have actual knowledge will be given to CONTRACTOR, All defertive Work may be sleeted, corrected or accepted.as provided in this Article 13. Access to Work: 13.2. OW'NIaR, ENGINEER, ENGINEER's Consultants, other representatives and personnel of ONNINER, independent testing laboratories mid governmental agencies with jurisdidiotal interests will have access to the Work at reasonable —times for their obser"tion, inspecting and testing. CONTRACTOR shell provide theta pr and safe conditions for such access and advise tlum of CONTRACTOR's site saft procedures and programs so that they may comply therewith as applicable. Tests and ins7mcdoFm 133. CONTRACTOR shall give ENGiN'EER timely notice of readiness of the Work for all required inspections, tests or approvals, stud shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 134, OWNER shall employ and pay for the services of an in&Tendcnt testing laboratory to perform all inspections, tester:, or approvals required by the Contract Documents except; 1:3 4.1 for inspecticats, tests or approvals coveted by paragraph 13.5 below; 13.4.2. that costs incurred in ou nwion with tests or inspections conducted pursuant to paragraph 13,9 EAVC 4kCd RAL COtI)MONS 19193(1990 Eo WI) W(TTY OF FORT (TAW MS MOtat%tCATtC)M (REV a'2000.1 below sbaU be paid as provided in said paragraph 119, and 13.43, as otherwise specifically provided in the Contract 1.)ocumenta 13.5_ if laws or Regulations of any public body having jurisdicliwt require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRAGToR shall assume full responsibility for amttg.,4 and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENt;INFER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for mratnein, and obtaining and shall pay all costs in connection with any uriaappecticau, tests or approvals required for OW7` EWs and IiNUNfilMs acceptance of materials or equipmcm to be inuorpxantal in the Work, or of materials, mix designs, or equipment submitted for a oval prior to fear CONTRRAACTOR's purchase thereof incorporation in the work. 13.6_ If env work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of fiNGINRER, it must, if requested by riNr31NbEA, be uncovered for observation. 133. Uncovering Work as�x'ovida4 in paragraph 13.6 shall he at CCINTRACTOR's expense unless COAITRACft7R has given LNGIANW 3R timely notice of CONTRACTOR's intention to cover the same and UNGINE6R has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.& if any Work is covered cceezar to the tvritten request of ENGINEER, it roust, itY requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTORS expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGIDlM or 9&N u�peetead r tested b others, CONTRACTOR, at GINEER's re4tesst, shall uncover, expose or otherwise make available for tabservaEiat, inspection or testing as WGINEER may recpuire, that potion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is ckfecth,-e. CONTRACTOR stall pay all claims. costs, losses and damages causal by, arising out of or resulting from such uncovering, egxrunre, observation, inspection arrd testing and of smisfactory replacement or reconstruction, (including but net limited to all costs of repair or repkhcemert of work of others), and OWNER -tail be entitled to an appropriate decrease in the Contract Price, and, if the parties arc arable to agree as to the amouit thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be &f etina, (A)NTRA( TOR shall be allonvod an mcnease in the Contract Price or an extension of die Contract Times (or I ti{agtones), err both, directly attributable to such 27 mnxwering exposure, observation, inspection, testing, replaccmat and nxotvstruction: and, if the parties ate nimble to agree as to die amount or extant thereof, CONtTRACTOR may make a drum iherdin as ynwided in Articles I I and 12. DWArER itfat' Stop the Work. 13.10. If the. Work is riefective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, at fens to futnith or perfnrm the Wtrk in such a way that the completed Work will conform to the Contract Documents, OAANFR may order CONTRACTOR to �MAT the Work, or any portion thereo! until the cause for order has been eliminated; however.. this right of OWNIF3R to sopp the Work shall not give rise to any duty on the part of OW13BR to exercise thus right for the benefit of CONTRACTOR or any .turkey or otlwparty. Correction or Remenwi ofDefwdve Work.• 13.1 L If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all I�r (ecuve Work, whedter or not fabricated, installed or completed, or, if the Work has been rejected by ENCTINEh"R, remove it from the site and re ace it with Work that is not &festive. CM. 'RA OR shall pay all claims, costs, losses and. damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others)_ 13.11 Correction Period: 13,12.1. If within one-year, two years after the date of Substantial Completion or suttt longer period of time is 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 Momenta, any Work. is found to be de*trve, CONTRACTOR shall promptly, without cast to OWNIiR and m accordance Witt OWNER's written instructions: (i) correct such AAetive Work, or, if it has been rejeced by OWNBIL remove it from the site and replace it with Work that is not &fective, and (ii) satisfactorily correct or remove and replace arty damage to other Work or the work of others resulting th ereli mn. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where tole}}� would cause serious risk. of loss or damage, OWii13R may have the &feetive Work corrected or the rejeoted Work removed and replaced, and all claims, costa, lasses and damages caused by or resulting train such removal and replacement (including but not limited to all costs of repair or rTlacemem of work of others) will be paid by CONTRA, TOIL 1312.2, In special crrcurnstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to rem, fto m an earlier date if so provided in the Specifications or by Written Amendment. 13-12.3. Where dsfecrive Work (and damage to other 28 63CA C QD%`b'RAt. CON01110M 010-8 (11"Q BdGatl w? CnlY OF FORT OC UJNS MODIFICATIONS MKV 412a(0) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, etc correction period hereunder with respect to such Work will be e,ctcrrded for an additional period of sae,ve€u Iwv_years after such correction or removal and replacement has been satisfactorily completed. �iccetlurnce ofDefocKve N vr# 13.13. If, instead of rcquuing =ration or rcmuval mid replacement of defecrive Work, OWKRR (and, prior to ENTOINEER`s recommendation of final payment also RNGINEER)pleters to accept it, OWNER may do so CONTRACTOR shall pay all claims, cuss Iowa and damages attributable to OWNL s evaluation of and detcrnt illation to ace such aafaebve Work (such casts to be approved by ENG us to reasombleane5s). If any such acceptance occurs prier to ENGINEER's recommendation of final payment, a Cihange Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shot be entitled to an appropriate decrease in the Contrast Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a ciaini therefor as provided in Article 11. If the acceptance occurs after such rec:crMMMIM1011, an appropriate amount will Iw paid by CON f RAC`1`QR,to OWNER. OWNWR afar Correct Deective Work: 13.14. If CONTRACTOR fails within a reasonable time aft" written nonce from ENGINEER to correct defecaiv Work or to remove and replace re ected Work as required by ENGINL13R in accordance wiparaagraph 13,11, or if CONTRACTOR fails to perform the Work in accordance with the Comorct Documeus, or if CONTRACTOR fails to comply with any other provision of the Contract Docttmenm OWNER. may, after seven daye written notice to CONTRACTOR, TOR, tarred and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall, pxmftd expeditiously, In connection with such corrective and remedial action, OWNER. may ex ttde CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend C'ONTRACPOR's services related thereto, take pt> ssion of C ONTRACTOR's tools, appliances, o onstracum equipment and machinery at the site and �at in the Work all materials and equipment at the site or for which OWNER has paid CONTRACTOR but which are stored elsswhtre. CONTRACTOR shall allow OWNER OWNER's ropresettetives Qatnts and ereplm ees, OWNER's other txintracttrs and ENGIP7ki'ER and SNGINEER's Consultants access to the site to enable OWNER to exercise the rights and ramedies under this paragraph. All claims, oasts• losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be clam against CONTRACTOR and a C7amge Order will be issued incopomting the necessary revisions in the Contract Documents with reseed to the Work; and OWNER shall be enticed to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount thereof, OWNER, may make a claim therefor as Provided in Article 11. Such claims, cost% losses and damages will include hut not be hmitetl to all casts of repair or replacement of work of others destr(vd or damaged by coneotioin, removal or replacement of ('0lv7RACT0R's defective Work. (AMTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNRR of OWSTR's rights and remedies hereunxler ARTICIS.14=-PAVWNTR TO C OMRAC:TOR ANT) COMPLETION Schedule ofYalues. 14.1., The schedule of values established as provided in paragraph 2.9 will serve as the basis for progrm payments and will be k into a form of Application for Payment acceptar�NGINEER, Pr paymnents on account of t nt Price Work will be base on the number of units completed. Afflicarion for PrograwPa)inent 14.2, At least twenty days before the date tstabhsincd for each progress payment (but not more often than once a moth), COiv'TRACTOR shall submit to ENGINEER for review, an App��iWifon for Ph mail filled out and s ky C.ONTRACi`OR coveting tha Work completed as of the date of the Application and accompanied by such supporting documentation as is €egttired by the Contract Documents. If payment is requested on the basis of mat riats and equipment not incorporated in the Wick 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 OWNER has received the materkib and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate pnryxxty insurance and other arrangements to protest OW_ HR% tnteiiest therein. ail of which will be satisfactory to OWNER. The amount of retairutge with reow to Prowess pavmants will be as stipulated in the CONTRACT't7R's 4'ar-raw), of Title: 14.3. C;'ONTRACLOR warrants and guarantees that title to all Work, materials and ertuiprnent covered by any Apphcatsri for Payment, whether incorporated in The Project or not, will pass to OWNER no later than the time ofpayruent free and clear of all Liens, Review afAppliearions forProgresx Pa}waent: 14A. ENGINMR will, within ten days after reoeipt of each Application for Payment, either indicate in writing s ktGllGr3Ei�fF1LAL c'Cit�Ct1C�23S r9l9.3 (19Yq 6otiticeni W C71T OF FORT �'YJi,t.l_t+t4 Aif?t?[t30ATiON$ (RhY M12nIXi} recommendation of payment mid present the Application to OWNER, or return the Application to t'.ONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend psy'ment In the latter ease CONTRACTOR may make the necessary cot buns and resubmit the Application. Ten days after presentation of the Application for Payment to OWNSwith 04GINIT-Mks recvmmerubtivtn tine aonowrt recommended will (suhlect to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by MNER to CONTRACTOR. 14.5. ENGIXERR's recommendation of any payment requested in an Application for Payment will ewttstftute a representation by ENGINEER to OWNER, hared on f- IGiNEER's on -site of sec ativns of the executed Work. as an experienced tail qua] t6ed design protessicnal and on UNGINEER's review of the App lication for Payment and the accompanying data aril ac}xdtilm that to the best of ENG114rL Wsknowledge,informationandbelief. 14.5.1_ the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work, as a fiirctionhng whole prior to it upon Substantial Completion, to tho results of arty nubse parent tests called for in the Contract Utrcumenta, to it final determination of yuanpties and ossi lafrcations for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendation), and 14.5.3, the conditions precedent. 43 CONTRACTOR's being entitled w such payment appear to have boon fulfilled insofar as it is EYvIMMER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be -deemed w have represented that: O exhaustive or continuous on -site inspacuans have been made to check the quality or the quantity of the Work beyond the responsibilities specificaRy assigned to ENGINEER in the t emmot Documents or (n) that there may not be other mattes or issues between the parties that might mutle CX)NTRAC"LOR to be paid alditicamlty by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6 ENGINEER's recommendation of any payment, including Lead payment, shall not mean that ENGIINTsER is resptknsWe for MN''TRACTOR's means, methods, technuyues, sequerices or es of amsirudion, or tfie safety precautinas and ��cams incident thereto or for am failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Wok in accordance with the Contract..Documems 141 MIMIIM- R may refuse to recommend the whole or any pan of any payment if, in ENGLNEER's opinion, it would be imormtx to make the representations to 29 I OWNER retmatl to in paragraph 14.5. EMANI E'R may also reGrse tti recrmncnd any such payment, cr, because of subseoguently discovered evidarce or the results of subsequent insive6orts cr tests, nullify any such payment previously recommended to such extent as xnay be necessary in Fs\GINEERN opinion to protect (AkWhR from lazliecausc: 14.7.1. the Work is rJefective, or completed Work has been damaged requiruig correction or replaceuiert, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been redltured to correct ckfecrive Work or complete Work in accordance with paragraph 13,14, or 14,7.4. ENGINEER psis actual knowledge of the occurrence of any of the events enumerated in paragmp�2. 15.I through 15.2.4 irch,sive, OWNER. ma refuse to make payment of the full amount recommended by ENGINEF.iR because 14.7.5. claims have been master: against OWNER on aim Of (?ONTRAt;TC7R's paficmnmicc Or fitrnishi ig of the Wok, 14.7,6. Liens have been filed in connection with flu Work except where CONl'RAC'rOR has delivered it specific Bond satisfactory to OWNER to secure the satisfaction anti discharge of such Liens, W,TT theme are other items antidirng OWNER fair set- offagainst tl5e au5ount recomiaerncled, � 14.Z8. OWNER fits actual knwlcdge of the occurrence of an), of the events enumerated in paragraphs 14.7.1 tizrotigh 14.7.3 or paragraphs 15.2.1 through 15.2-4 inclusive„ lilt OWNER mast give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such actim aril promptly pay CONTRACTOR the amotan so wiliheld, or any ad�ustment thereto awed to by OWNER and t�S TRACTOR, whco COMl'RAC`rOR corrects to OWNE'R's satisfaction the reasons for sveh action subjmanriat Comfrledonr 14.8_ When C'ONIRACTOR considers the entire Work ready for its untended use CONTRACTOR shalt notify OWNER and ENGINEER in writing rhat the entire Work is substantially complete (except for items specifically listed by CONTRACY)R as incomplete) and request that FN'GINEER issue a catificate of Substantial Completion. Within a reasonable ume thereafter, OWN IR, COiw"TRAC1'OR sad f-Mil'vTFR shall make an inspection of the Wok to determine the status of completion. If ENCIP-443 R does not consider the Work substantially complete, LIGiNEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER �� EitCiaCCll:REKA< CNVITIOM 1910-9 (199e Bdtiat) wi 0 tY e5F F(*T Celtld N9 M1iClria•1CAt]t7N5 (kiiV a26am) considers the Work substanially complete, ENGINEER will rxepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix die date of Substantial Completion There shall tie attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven shays after receipt of the tentafive certificate during; which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after cansicerit4 such objections. ENGMEER "eludes that the Work is not sttbstatxially complete, TNGTtv"IM will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If,after consideration of OWNER's objections, ENGINEER cotnsiders the Work suhstantially complete, tNGINUR will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative fist of items to be completed cot correct reffect such changes from the tentative certificate as G1NE believes justified after consideration of any oboctiom from OWIN`ER. At the time of telivery of the tentative certificate of Substantial C,crmlatim f-,N*1?.SMZ will deliver to OWNER and CONTRACTOR a written recommendation as to div ision of responsibilities Pending firnal payment between OWNliF2 and COMRAMOR with resxxa to security, operation, safety, maintenance, heat, utilities, insurance and warranties aril guarantees. Unless OWNER. and CONTRACTOR see otherwise in writing and so inform WGlNEW in writing prior to HWIN`EER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be boding on OWNER and CONTRACTOR until fiial payment 14.9. OWNER shalt have the rig)it to exclude C.'ONTRACTOR front the Wok alter the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list: Pantiat Ulf iarition.' 14.10. Use by OWNER at OWNERS option of any substantially completed pan of the Work, which (1) has specifically been identified in the Contract Doc urnenK or (A)OWNER. ENGINEEZ and CONTRACTOR We constitutes a separately funetioniiig and usable part of the Work that can be used by OWRMk for its intended purpose without signfieant interference with CQNTRACTOiZ's performance of the remainder of the Work, may be wi orn batted prior to Substantial Completion of ail the Work subject to the following: 14,10.I.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such partof the Work which OWNER. believes to be ready for its intended use and substantially connprlde. If CONTRACTOR agrees that such ppeert of the Wait is substantially complete, CON-I'RACT0P wilt certify to OWNER and ENGINEER that such dirt of the Work is wtbstaritiallx complete and request ENGINEER to issue a certificate of Substantial. Completion for that part of the Wort:. (X)NTRAC"FOR at any time may notify OWNER and [NO INMiER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request FNGINEER to issue a certificate of Substantial Completion for that part of the Work_ Within a reasdrabte time after either such request, OWNER, CONTRACTOR and ENOIN-ERR shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that ppaartrt of the Work to be substantially complete, Eh1C1iti'BER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. 1£ ENGINEER considers that Fart of the Work to be substantially complete. the provisica s of paragraphs 14.8 and l 4.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility at reshot dmercofand access thereto. 14.102 No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property imumrxe. FTnal hiWaction: 14.11_ Upon written notice from CONTRACTOR that the entire Work m an agreed portion thereof is complete, ENGIIvT-ER will make a final' ion with OWNER and CONTRACTOR and will rwh'Iy IX)NTRACTOR in writing of nil particulars in which this inspection reveals that the Work is incomplete or dtfed ve. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such drfictencies. Mail.Applicatkio for Paymertfi 14,12. Aber CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operatml; instructions. schedtdes, "retirees, Bonds, certificates or other evidence of Insurance required by paragraph5.4, certificates of inspection, marke"p record (as provided in paragraph b l9) and oiber documerim CQTTRACTOR may make application fir final payment fallowing the procedure fa progress Payments. he &W Application for Payment shall be accompanied (eatcept as previously delivered) by: (i) all documentation called for in the Contract Documents, including bit nM limited to the evidence of insurance required by subpparagraph5.4_i3, ((u consent of the surettyy if any, to rum] payment, and �complete and loptlly effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved byy OWNER, CONTRACTOR may finish receipts or relesises in full axl affidavit of CONTRACTOR. that: (i) the releases and receipts include all labor, services material and equipment for which a Lich could he feted, aril (it) all payrolls, material and equipxuerit bills, and other indebtedriess connected with the Work for which OWNER or OWNER's property might in any way be rt possible have been paid or otho wise satisfied. If any Subcontractor or Supplier fails EK1WU 13rE1KbKjh MNDIIIOM 1910409'Ie F,46131) wr CtrY OF FORT 0,01JAM MODIVI `.ATION5(REY 4atM) to furtidt such a release or receipt in full. CONTRACTOR may furmsh a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. _Releases or waivers of liens and the, consent of }ioe surety Cw Eutafize �vm . sera to be s¢bmiicd � fbfmnsrcord rniaMtothaformato the 0WNER`SsrCtndar3 fans bn uul iri lhr Iprojccd,manual, final payment andAcceptance: 14,13. If, on the hagis of ENGINEER's observation of the Work during construction and final inspection, and ENGINMR's review of the final Application for payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and C:ONTRACTOR's other obligations under the Contract Documerits have been ftilfillcd, ENGINEER will, within ten days after receipt of the fond Application for Payment indicate in writing ENGfNEER's recommendation of payment and present the Applicatavt to 0VVX'FR for payment At the same Gme ENGINEER will also give written notice to OWNER and CONTRACTOR drat the Work is a oeptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessiry corrections and resubmit it* Application. Thirty days after presentation to OWNER of the Application and accompanying decummntarim in Appropriate form and substance and with ENGINEER's recommendation and noes of acceptability, the amount recommemled by ENGINEER will become due and will be paid bp' OWNT R to CONTRACTOR z4bj rt_i4 �L..1Z,.G.:«,._tlf_ftx QMMLCMftM 14.14, It through no fault of CONTRACTOR, final conppleticn of the Work is significant delayed and if' EN INF.) R so conffrats, OWNER ahst upon receipt of CONTRACTOR's final Appplieafion for payment and reiwmmcralation of ENG1A]EER and without terminating the Agreement, make payment of ffas We= due for that portion of the Work fully completed and accepted. If the remauting balance to be held by OWNER for Work not fully completed or corrected is lets than the retaimtge stipulated in the Agreement, and If Bands have been Curnished as required in paragraph 5.1, the written consent of the surety to the pp�ayyment of the balance due for that MUM of the Work &dly ommpleted and dtall be submitted by CONTRACTOR to ENC1 with the Application for such payment Such payment "it be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims:: 14.15. The making and acceptance of final payment will conotitute 14.13,1-a waiver of all claims by OWNER against CONTRACTOR, except claims arising fmm unsettled Liens, from & efibe Work appearing after 31 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 li al inspection pursuant err paragraph 14.11, from failure to comply with the (chariot Documents or the terns of a special guarantees specified therein or from CO RACTOR's continuing obligations under the Contract Documents, and 14.15.2. A waiver of all claims by CONNTRACTOR against OW1 ER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPEN.Si' ON OF NVORK AND TERMINATION OWNER Mqy ,Srrapexd Work: 15.1. At any Tinto and without cause, OWNER may suspend the Work or any portion thereof for a period of not mare than ninety clays by nouoxi in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall restate the Work on the. cite so fixed. COMR ACTOR shall be allowed an adjustment in the Contract Bice or an extension of the Contract Times, fir both. directly attributable to arty such m-43onsiort if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OR 14M Mity ?'erastnare: 15,1 Upon the occurrence of any one or morc of the following events: 1$2.1. if CONTRACTOR parsiatenily fails w perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or lhilure to adhere to the program schedule established under paxagraph29 as adjusted frotn time to time pursuant to paragraph 6.6), 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15.23. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docurrenta, OWNER. may, after giving CONTRACTOR (mid the surety, if any) saver days' written notice and to the ottent permitted by Laws and Regulnuori , terminate the wervico of CONTRACTOR, e>xlude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR3 tools, appliances; construction equipment and machinery at the site and use the same to the full went they could be used by CONTRACTOR (without liability to CONTRALTO for trespass or conversion), incorporate in the Work all materials and equipment stared at the site or for which OWNER has paid 32 r1CpCOENi; .rU. GGNRI11fYttS r420-8IMOrdtiaO xvICITY CT FORT C%A.LiNS Mt )FICATION% MVW+412006) C()NfRACPOR but which are stored elsewhere, and fmish the Work asOWNER. may dean exjheni_In such case. CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, tosses 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 pity the diffeencc to OWNM Such claims, coats, tosses and damages incurred by OWNER will he tee iewed by ENGINEER as to their reasonableness and when so appnewed by<Rs' IGMER incorporated in R Change Order, provided that when exercising am rights or remedies under this paragraph OWNER sW11 not he required to obtain the lowest price for theWork performed. . 15.3. Where tCONI"RACMIN services have been so terminated by OWNER, the termination will not affect any rigus or remedes of OWNER against CONTRACTOR dr n existing or which may thereafter accnro. Any retention or payment of moneys due CONTRACTOR by (AkNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreemem fit such cam, CONTRACTOR shall he paid (without dapheationof any items)_ 1541, for completed and acceptable Work execured in accordance with the Contract I-A=ments prior to the effective dune of termination, including fair and rtwmble sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the affective date of renttuatuon in performing services and fiuttishing tabor, materials or equipment as required by the Contract Documents in connection with tmoompleted Wort plus fair aril reasonable sums for overhead and profit on such expense..; 15.4.3. for all claims, cogs, losses curl damaj&es insured in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15AA for tessamble experms directly attributable to lamination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eounomic loss arising out of or molting trout such termmotion CONTRACTOR May Vop Wm* or Terminate: 15.5. if, thratth no act or fault of CONTRACTOR, die Work is sttspet for a period of more than ninety days by OWNER or under an order of court or other public authority, or hNGT.sLf:17t fails to no on any Application for payment within thirty days after it is submitted or OWNER tails for thirty days to pay CONTRACTOR any simm finally determined to be due, then CONTRACTOR may, ugnen seven days' wtitten mxice to OWNER and EN()I *hEER, and provided OWNER or ENGINEER do not remedy such susmcrrtion or failure within that timc, Wrintra ne the Agrcemem and recover from OWNER pa}ment on the same terms as provided in paragraph 15.d. In Neu of termitm ing the Agreement and without prejudice to any other right or tetmedy, if ENOINEEhR has fouled to act on an Application for Nyment withinthirty days after it is submitted, or OWNEk has failed for thirty days to ay CONTRACTOR any surn finally determined to N due, CONTRACTOR may upon seven daye written notice to OWNER and ENGINkrk *I the Work until payment of all such amounts due CONfiiItACTOP, including interest thereon. The provisions of this 1-mra apb 15.5 are riot intended to preclude CCIi1TR.,lCTOR from making claim tender Articles I I and 12 fin an inerrase in Contract Prim or Contract 'fumes or otherwise for e)q=ws cc damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DIM,"T E IRMIAITTI )N If and to the oar it that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between then) that may arise under Ibis Agreement, such dispute resolution method and procedure, if any, shrill be as set forth in Fxhibj GC "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agtattent on the method and procedure for resolving such disputes has ban reached, and subject to the provisions of paragraphs9,10, 9.11 and 9,12, OW*iER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws of Regulations in respect of any dispute. ARTICLE 17—MISC.RLLANE0i7S Ming Notice: 17.1 Wherever any provision of the CCoranict Documents requires the giving of written tolioe, it will be deemed to have been validly given if delivered it person to the individual or too member of the firm, or to an officer of the caporation 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 die giver of the notice. 11.2. C.ompatadon 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 last day of such period If the last day of an suds period falls an a Saturday or Sunday or on a day made o Intl holidn}} by the law of the applicable jurisdiction, such day wi{I be emitted from the can potation_ FJ0DC rA2C''KAL CbNVM ONS 1914$ (t 99a keitien? wi(STY OF FOR V (XIAAA S MOL1rFtGArtO", (RF.V 420W) 171 ?. A calendar day of, twenty-four btnnrs memaatrW from midnight to the next midnight will constitute a day. Notice ofr1attn 17,3_ Should OWNER or CONTRACTOR suffer nmjuty or damage to person or property because of any error, omission or act of the other party or of any of the other partys employees or agents Or Others for Awie acts the other parry is legally liable, claim wrib be made in writing to the other party within a reasonable time of the first observance of such i jury or damage. The provisions of this paragraph 17-3 shaft tot be constred as a substitute for or a waiver of the provisions of any apppticable statute of limitations or repose.C`um-v ulat Reunedles: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hercunider to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by parugraphs6.12, 6.16, 6.30, 6.31, 6.32,131, 13.12,13,14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, sic in addition to, and are not to be. construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provision. of this ppaaragraph will be as effective as if repeated spe lfineally in the Contract Dcacmneas to wortectim with each particular duty, olmtigation, right and remedy to which they apply i3ofessiaual7:ees and Court Costslactude4 17 5_ Whenever reference is made to -claims, costs, loa es and damages% it ft l include in each ease, but not be limited tot all fees and charges of ctyginmeem architects. attorneys and other professionals and all court or arbitration or cow disputetesolulioncosts. A�emugrml IR;3Eextiuce, m cwt_it_t $nlggrndn ht,�tg� art as follows; psi 5 ^ If a &) i s �r�,O1�1Fm'R is runuired iw w (CRS,38 �6 t07} t(m y,Ahhux d.(rom all patymerit CONTRACTORto s to insure the pa)7ticrtt rf all c Ls fqr labs ti atcra t ail_h�q susieemnuc, wovffirrams, movendet. or other surmhes used or omisumed by Ct7:^irRRAC70R or i s 33 MI)C(3FMRALCONU1'10M 1910-811"0 6t3f Ak) 34 w7 C➢1Y OFYORT 001A IN3 MLNHitf ATSONS 12fiV 4 2U N ) bJCDCOFN$AAL CONDITIOM 1910-8 41990BA010 36 wf OTY C)FfORT M. IJANS MODIRCAIIONS O(EV4PODO) EXHIBIT GC -A to Cknerxl Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION Ai,IRC:LMENT OWNER and CONTRACTOR herein, agree that Article t6 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amtendcd to include the following agreement of the parties: I6,1 All claims, disputes and other matters in question between OWNER and CONTRACTOR antsterr9 cart of ar relating to the Contract Documents or the breadi thereof (except for claims which have be= waived by the making or acceptance of fatal ps ent as provided by paragraph 19.15) will be decided by arbitration in accordance with the Construction lndustty Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article I & This agreentem so to arbitrate and any other agreement or consent W arbitrate entered into in w=danco herewith as provided in this Article 16 will be specifically enforceable utxter the prevailing law of any court having jurisdiction. 162,No demand for arbitration of any claim, dispute or other matter that is required to be referred .W ENGINEER initially for decision in accordance with paragraph 911 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day afwx the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand fir arbitration of anv such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11: and the failure W demand arbitration within said thirty dasyys' period will result in ENGUM R's doclsim being final and binding Upon OWNER and CONTRACTOR, If ENGINEER renders a decision after arbitration proceed' nas have been initiated, such decision may ba entered as avi once but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned, No demand for arbitration or any written decision of TNGINFFR rendered in accordance with paragraph 9.10 will be made later than ten days after the patty ma ' such dcmand has delivered written notice of i ntenntionn to appeal as provided in paragtaph 9.10_ 161 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINE1r,R for information The demand for arbitration will be made within tie thirty -day err ten-da period specified to paragraph 162 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 shal I any such demand be made after the date when institution of Icgal nr equitgUte proceedings based on such clain, dispute or other mayor in question would be lxttred ln} the applicable statute of lunitaticats. WcvCcnea MAL COMMONS S I rhos (1990 EWA) x/ CITY OF FORT COLUNS MODWICt,710 J.l" tRFV 91991 16A Except as provided in paragraph. 165 below, no arbitration wising out of or relating to the Contract Duourvents shall include by consolidation, joinder or in any other manner any other person or entity ('including FNGINEER, RNGMER's Consultant and the ofCcas, directors, agents, employees or consultants of any of them) who is not a party to this contract rimless: 16A.1. the inclusion of such other person or entity is necessary if eompiete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2 such other person or entity is suhstantiaily 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 proceeding& and 16.4 3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obanned for such inclusion, which ccasera shall make spec fic reference to this paragraph: but no such consent shall conshnite consent W arbitration cif any dispxna not specifically described in such consent or to arbitration with any party not specifically identified insuchanent. 16.5. Notwithstanding paragraph 16A, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or COhTRA("rOR may join such Subcontractor as a patty to the arbitration between OWNER and CONTRACTOR. bemunda. CONTRACTOR shall include in all subcoramets ragnrired by paragraph 6.11 a specific provision whereby the subconaacta consents to being joined in an arbitration between OWNER and CONTRACTOR itwolving Or, Work of such subcontractor, Nothing in this prrxgraph 16.5 Ter in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subco tractor and against OWNER, ENGINEER. or ENCrINF;&R'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 jnuisdiictim thereof: and it will not be subject to moxdificatioan or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, ccw nlerclatms, disputes and other matters in question between there arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation try the American Arbitration Association under the Construction hxlustry NWiation Rules of the American. Arbitration Association prig to either of them initiating Wing the other a demand for arbitration pursuant to paragraphs 16.1 through. 16.6. unless delay in initiating arbitration would irrevocabfv prejudice one of the parties. The respective thirty and ten day time limits within which to file it demand for wbitmtkn as provided in pmragnapls 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 mahator of any ate submitted to mediation under this Agreement "[I not serve as arbitrator of such dispute uodess otherwise agreed. QC -At fJ(-DC OFNERAL CONDITIONS 14104 (1"() Cdliw) w7 CITY OF FORT COLCtNS MODIFICATIONS (REV W914) GC -At SE SECTION 00800 SUPPLEMENTARY CONDITIONS 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-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: 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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 00800-2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778: 2007 Renewal 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 o OF THIS CHANGE ORDER TOTAL C.O.O.- OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 OWNER: CITY OF FORT COLLINS By: DAMES O'NEILL II, CPPO, IGP DIRECTOR OF PURCHASING AND RI K M NAGEMENT Date: , S 2� 07 Attest: Ole f j�� City Cler Address for giving not P. O. Box 580 Fort Collins, CO 80522 CONTRACTOR: Cutler Paving, Inc. By: �h. �Yr%P�.e.�• 0-.;m,eLE5 A. VEE5xE�eal�4 Title: peeSlo�nrr "` Date: (CORPORATE SEAL) Attest: oCctiC. Address for giving notices: 9,2) E. a ? ,m Sr. - b4wkeAle, . kS bt sq4- y9)'1 LICENSE NO.: 9/12/01 Section 00520 Page 6 Section 00960 Application for Payment APPECAI ION AYMENT PAGE 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 wuh Contract NUMBER DATE AMOUNT The present status of the account for this Contract Is as follows. 1 2 Original Contract Amount. 3 Net Change by Change Order: Current ccntractAmount. $000 Total Completed and Stored to Date. Less Previous Applications. Amount Due this Application -Before Retainage. 0.00 Less Retainage,. Net Charge by Change Order $0.00 FOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection witlr 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 Aoplicaton 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. Rate B Page 2 of 13 CONTRACT UN Bid Item Number Description Quantity Units Unil Price Amount APPUCATION Work Completed This Month Q Amount FOR PAYMFNT Work Completed Work Completed Stored Previous Periods To Dale Materials This Qty. Amount q Amount Period Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0-00 $0.00 $0.00 $0.00 $0.00 $000 $000 $0 00 $0 00 $0.00 $000 $000 $0.00 $0.00 $0.00 $000 $0.00 $000 $000 $000 $000 $000 $0-00 $000 $000 $0.00 $0-00 $000 $000 $000 $000 $0-00 $000 $000 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $0.00 $000 $000 $0-00 $000 $000 $000 $000 $000 $0.00 $000 $000 $0.00 $0 00 $0 cc $000 $000 $o as $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0-00 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $0.00 $000 $000 $000 $000 $0 00 $000 $000 $000 $0 00 $a 00 $000 $000 $a 00 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $000 $000 $0.00 $0.00 $0.00 $000 $000 $000 TOTALS $000 $0.00 $000 $000 $0.00 Page 3 of 13 CHANGE ORDM APPL tCA1N FOR FAYIVILN Work Completed VVork Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description quantity Unts Unit Price Amount G Amount Q Amount Qty Amount Period To Date Biled $0.00 $0 00 $000 $000 $0.00 $000 $000 $0 00 $o 00 $0 o0 $0.00 $0.00 $000 $0.00 $0-00 $0.00 $0.00 $0.00 $000 $0.00 $000 0 00 $000 $0.00 $0.00 $0.00 $0 00 $000 $0.00 $0.00 $000 $0 00 $0.00 $000 $000 $0.00 $om $000 $000 $000 $0.00 $000 $000 $000 $000 $000 $0 00 $0.00 $000 $000 $000 $0 00 $o o0 $0.00 $0-00 $000 $0 00 $000 $0.00 $000 $0.00 $0 00 $000 $000 $0.00 $000 $000 $000 $000 $0.00 $0.00 $0 DO $000 $0.00 $000 $0.00 $0.00 $000 $0.00 $000 $0.00 $0 00 $0.00 $0.00 $0.00 $000 $000 $000 $000 $0.00 $0.00 $0 00 $000 $0.00 $0.00 $000 $000 $000 $000 $o 00 $000 $000 $000 $000 $000 $000 $0 00 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $o 0o $o 00 $0.00 $0.00 $ado $000 $000 $000 $0.00 $000 $000 $000 $0.00 $0-00 $0.00 $000 $0.00 $0.00 $000 $0.00 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $000 $000 $0.00 $0-30 $000 $0.00 $0 00 $000 $0.00 $0.00 $0.00 $0 00 $000 $0.00 $000 $0.00 $0.00 $0.00 $000 $0.00 TOTALS CHANGE ORDERS $0.00 $000 $000 $0.00 $0.00 PROJECT TOTALS $0.00 $0. 00 $000 $0.00 $0.00 Page 4 of 13 7TORED MATERIk-S SUMMARY On Herod Received Item Invoice Previous This Number Number Description Application Period Installed On Hand This This Perod A plicalon $0 00 $0.00 $0 00 $0.00 $0 00 $0 00 $0.00 $0.00 $0 00 $0 00 $0 00 $0 00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0.00 $0 00 $0.00 $0 00 $0 00 $000 $0 00 $0 00 $0 00 $0 00 $0 00 $0.00 $0 00 $0.00 $0 00 TOTALS $0.00 $0 00 $000 $0.00 Page 5 of 13 HOT -IN -PLACE RECYCLING PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout PAGE NUMBERS General Reqs 1-3 General Reqs 4-5 General Reqs 6-7 General Reqs 8-9 General Reqs 10 General Reqs 11-12 General Reqs 12-13 UTILITIES Water: City of Fort Collins, Colorado 970-221-6681, Meter Shop 970-221-6759 Fort Collins - Loveland Water District 970-226-3104 City of Loveland Water and Power, Colorado Scott Ballinger/Kathleen Porter 9970-962-3561 Storm Sewer: City of Fort Collins, Colorado 970-221-6599 City of Loveland Stormwater Utility, Kevin Gingery 970-962-3571 Sanitary Sewer: City of Fort Collins, Colorado 970-221-6681 City of Loveland Water and Power, Colorado Scott Ballinger 970-962-3561 Electrical: City of Fort Collins, Colorado 970-482-5922, 970-221-8553 City of Loveland Water and Power, Colorado Kathleen Porter 970-962-3561 Gas: Public Service Company of Colorado 970-482-5922, 970-221-8553 Telephone: U.S. West Communications 970-484-0300,970-226-6310 Traffic Operations: City of Ft. Collins, Colorado 970-221-6608 City of Loveland, Colorado Bill Hange, 970-962-2528 Cable Television: AT&T 970-493-7400 *Utility Locates Under One -call System 1-800-922-1987 Page 2 of 13 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 970-221-6591 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 970-221-6550 Emergency: 911 Postmaster: US Postal Service - Judith Robertson: 970-225-4111 Loveland Fire: Non -Emergency: 970-962-2741 Emergency: 911 Loveland Police: Non -Emergency: 970-667-2151 Emergency: 911 END OF SECTION Page 3 of 13 Larimer County Sheriffs Department: Non -Emergency: 970-221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 970-494-1227 Emergency: 911 Transportation: Transfort:970-221-6620 Traffic Engineering: 970-221-6608 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor=s contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. Page 4 of 13 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION Page 5 of 13 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. Page 6 of 13 SECTION 00530 NOTICE TO PROCEED Description of Work: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778 2006 Renewal To: Cutler Paving 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. Dated 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 By: Title: 7/96 Section 00530 Page 1 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION Page 7 of 13 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications. B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. Page 8 of 13 C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer daily. END OF SECTION Page 9 of 13 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. L2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the City of Fort Collins "Design Criteria and Standards for Streets", Part 2, General Requirements, Subsection 1.4, `Barricades Warning Signs, Signal Lights". In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. B. For the City of Loveland, Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD). The contractor shall submit a traffic control plan to the Traffic Department (Bill Hange, 970i962-2528) a minimum of 2 weeks in advance of construction. The contractor and any traffic control sub- contractor shall be prepared to discuss the plan with the owner at the pre -bid meeting. 1.5 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION Page 1 I of 13 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. END OF SECTION Page 12 of 13 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to renegotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION Page 13 of 13 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the Latimer County "Urban Area Street Standards", October 2002 (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 210 Adjust Manholes, Valve Boxes and Meter Boxes 405 Heating and Scarifying Treatment REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the week following the placement of the concrete. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Project Specifications — Page 3 of 13 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will be provided by the City under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. Project Specifications — Page 4 of 13