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213789 MANHOLE SPECIALTIES INC - CONTRACT - BID - 5539 DOWNTOWN STREETSCAPING
DOWNTOWN STREETSCAP4 WALNUT STREET BID NO, 5539 citv of Fort Coll -'ills -71 SECTION 00530 NOTICE TO PROCEED Description of Work Downtown Streetscape - Walnut Street; Bid No. 5539 To 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 j2C 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 I 7/96 Section 00530 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 Section 00950 Page 2 No Text O p m 0 i " R � � o < Z � � � Z 4� .!. !. 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'... ...7 Revision of Section 306 — Reconditioning .... ............ .. .........1. 1.. '.. ...8 Revision of Section 403 — Asphalt Patching . .................................................. ........9 Revision of Section 608 — Colored Concrete ........................................ ...............12 Revision of Section 610 — Concrete Sandblasting / Lettering......................................13 Traffic Control Plan - General ............................ ........................... ............1......14 Utilities.................................................................... ............................... ........15 Summary of Work.......................................................................... .......... ........ Section 01010 Concrete Paving.............................................................. ....... ......... .................... Section 02000 Aggregate Base Course. ... ........... ................ ..... ..................... ... ....................... Section 02231 Stone Pavers............................................................................................................Section 02517 Concrete Pavers .......... .............................................. ... .. ..... .............. ... Section 02518 Miscellaneous Site Furnishings .............................................. .. .......................... Section 02870 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY Section 107 of the Standard Specifications is hereby revised for this project to include the following The limits of construction are shown on the plans and represent the maximum extent of disturbance for measurement and payment for any contract items Disturbance beyond these limits may result in costly repairs to existing buildings, sidewalks, and landscaping Any damages to property caused by the Contractor's operations shall be repaired by the Contractor at no cost to The City of Fort Collins The Contractor shall prepare a schedule prior to construction that shows specific measures that will be employed to project private property and existing landscaping from damage during construction The Contractor shall avoid disturbance to existing tree roots during demolition and construction Any exposed tree roots must be inspected by the City Forester prior to burying, cutting, or any other activity in the vicinity of the exposed roots Excavation within the drip line of existing trees shall be minimized If excavation in such areas is required. the Contractor shall consult with the City Forester (221-6361) before beginning the excavation Tree Protection Specifications. A Within the drip line of any protected existing tree, there shall be no cut or fill over a four inch (4') depth unless the City Forester has evaluated and approved the disturbance B Prior to and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of four foot (4') height, secured with metal t- posts, no closer than six feet (6') from the trunk or one-half (1/2) of the dnp line, whichever is greater There shall be no storage or movement of equipment, material, debris, or fill within the fenced tree protection zone C The Contractor shall prevent the cleaning of equipment or material or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the dnp line of any protected tree or group of trees D No damaging attachments, wires, signs, or permits shall be fastened to any protected tree E The installation of utilities, irrigation lines, or any underground fixture requiring excavation deeper than six inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of 24 inches The auger distance is established from the face of the tree (outer back) and is scaled from tree diameter at breast height as described in the chart below Tree Diameter at Breast Height (Inches) V Auger Distance From Face of Tree (Feet) 02 1 3-4 2 5-9 5 10-14 10 15-19 12 Over 19 15 END OF SECTION 2 SECTION 00600 BONDS AND CERTIFICATES 00610Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for this project as follows Subsection 202 01 is revised to include the following The Contractor shall remove and dispose of all concrete sidewalk, curb and gutter, cross pans, driveways, asphalt pavement. inlets, imgation structures, pipe, fence, structures, foundations, retaining walls, and any other obstructions that are designated for removal All such removals will be measured in the field and quantities agreed to by the Contractor and the Engineer will be paid for by the square foot at the contract unit price for Remove Highback Curb & Gutter, 4" Concrete Sidewalk, Concrete Pavement, Asphalt Pavement, Brick Pavers Existing signs, benches, tree grates and bicycle racks designated for removal are to be salvaged, stockpiled on the project site, and reinstalled or surrendered to the City as shown on the plans The Contractor shall protect the tree grates and bicycle racks from damage of any sort until they are reinstalled under the terms of the contract Subsection 202 02 is revised to include the following Disposal Site — Materials designated for removal shall become property of the Contractor, unless noted on the plans or specifications to be salvaged, stockpiled, or surrendered It shall be the Contractor's responsibility to obtain a disposal site for all unusable material that is removed Subsection 202 07 is revised to include the following Prior to removal, concrete shall be saw cut full depth to a clean and straight' vertical line Pieces of concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall be saw cut or removed to the nearest joint and removed and replaced at the Contractor's expense The Engineer will determine the limit of the repair Removal of concrete or obstructions as described in section 202 01 beyond the limits designated by the Engineer will be the responsibility of the Contractor and will not be paid for under this section Subsection 202 11 is revised to include the following The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work commences Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be compensated for materials that were not measured by the Engineer The accepted quantities will be paid for at the contract unit price Haul, disposal, and stockpiling of materials will not be measured and paid for separately The contract unit prices and payments shall include full compensation for furm hmg all labor, materials, tools, equipment and incidentals for doing all work involved in removals, including haul and disposal as shown on the plans and as specified in these specifications, and as directed by theIII Engineer END OF SECTION REVISION OF SECTION 202 SAWCUTTING - SPECIAL Section 202 02 of the Standard Specifications is hereby revised for this project to include the following Prior to removal, concrete shall be saw cut full depth to a clean and straight vertical line Pieces of concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall be saw cut or removed to the nearest joint and removed and replaced at the Contractor's expense The Engineer will determine the limit of the repair All sawcutting will be considered incidental to the work and will not be paid for separately The contract unit prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in removals, including haul and disposal as shown on the plans and as specified in these specifications, and as directed by the Engineer END OF SECTION 4 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows Subsection 203 01 is revised to include the following Excavation — This shall consist of excavation of 2 inches of subgrade material froi presently covered by 4 inch thick sidewalk or to a depth of 6 inch below proposed also covers over -excavation and backfill of any locations on the site determined b, contain unsuitable material i beneath areas grade Tlus section the Engineer to Excavation includes separating the suitable fill material, hauling and disposing of any excess material or unsuitable fill material This item shall be paid only for those ai eas where additional excavation is required to result in the grades specified on the plans or for cases in which the Contractor originally encounters unsuitable material Over -excavation of material from rain or weather idamage will not be paid for and is entirely the Contractor's responsibility Any required excavation is considered incidental to the construction and will not be paid for as a separate item Haul will not be paid for separately, but shall be included in the work for all applicable contract items Embankment — If unsuitable material is encountered and excavated as specified above then aggregate base course shall be placed and compacted according to these specifications This item will be considered incidental to the construction and will not be paid for as a separate item At the discretion of the Engineer on site excavated material may be used as embankment Embankment and subgrade material shall be compacted to 95% of maximum density +/- 2% optimum moisture Maximum density shall be determined by ASTM 698-78 This will apply under the roadway, curb and gutter, sidewalk, and driveways Topsoil shall be compacted to 90% of maximum density at +i- 2% optimum moisture If unsuitable subgrade is encountered and the Engineer directs the Contractor to o material, the Contractor shall use Aggregate Base Courses (Class 5 or Class 6) to excavated area if there is not any acceptable material onsite Th-1 proposed maten following minimum requirements LL Maximum 30 PI Maximum 6 "R" Value 78 The minimum strength coefficient of the Class 5 Aggregate Base shall be 1 Section 203 13 is revised to include the following 5 excavate the :kfill the over shall meet the )12 The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified Variations from the subgrade plan elevations specified shall not be more that 0 08 feet END OF SECTION REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER Section 210 of the Standard Specifications is hereby revised as follows Subsection 210 02 is revised to include the following The Contractor shall protect existing manholes, water valves and stop boxes construction from damage When adjustment is required, the existing manholes, valves and stop boxes shall by the Contractor prior to paver and/or concrete placement All work associated with the adjustment of water valves and appurtenances shall engineering inspector and/or the appropriate utility END OF SECTION within the limits of adjusted to final grade inspected by the 7 REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised as follows Subsection 306 02 is revised to include the following The top 6" of the entire subgrade shall be reconditioned by scarifying and recompacting Sufficient water shall be added to meet the density requirements as specified The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203 The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0 04 foot under asphalt, concrete pavement, or pavers The surface shall be tested prior to application of any base course or pavement All defective work shall be corrected as directed The surface shall be satisfactorily maintained until base course or pavement has been placed Subsection 306 04 is revised to include the following The cost to do the required reconditioning shall be incidental to construction No separate payment will be made for reconditioning END OF SECTION 8 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT - PATCHING Section 403 of the Standard Specifications is hereby revised as 7 ollows Subsection 403 01 is revised to include the following Tlus work shall consist of placing the specified depth of Hot Bit over existing pavement or subgrade previously prepared by the conformity with the lines, grades, thicknesses and typical cross established Subsection 403 02 is revised to include the following Patching shall be performed using a job mix formula approved by the 2000 If not previously approved, the hob mix shall be determined submitted to the Engineer for approval a minimum of one week pr construction The Contractor shall provide the Engineer with a repc testing laboratory acceptable to the Engineer The report shall stat optimum oil content, and recommended mixing and placing temperatures Subsection 403 03 is revised to include the following Patching will be accomplished in the following manner Pavement (Grading C) for in reasonably close shown on the plans or ity of Fort Collins for by the Contractor and )r to the beginning of t from an independent the hob mix formula, A straight vertical cut shall be made through the pavement to provide 'a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic Wheel cutting shall not be allowed All patches placed in pavement not to be overlaid shall be sawcut If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment If the deepened section is to be filled with Borrow, the excavation will be measured and 'paid for under Revision of Section 203 - Excavation and the material paid for under the appropriate item found herein The Contractor shall be responsible for the protection of the subsequent courses have been placed After the excavation has been completed, the Contractor shall prepare vibratory plate, roller, or other compaction device approved by the Eni After the area to be patched is prepared, the Contractor shall place an on all pavement cut surfaces and on the lip of exposed gutter and cr paving areas course until subgrade by utilizing a ded asphalt tack coat faces that abut these 9 Emulsified Asphalt for tack coat shall be grade CSS-lh The tack coat shall consist of a 1 1 dilution (one (1) part emulsified asphalt to one (1) part water) The application rate for tack coat shall be approximately 0 1 gallons per square yard Plant Mix Bituminous Base shall be used in all locations except in locations where patching takes place and no overlay is scheduled Plant Mix Bituminous Base shall be placed in the bottom of the patches and shall be left one (1) to one and one-half (P/a) 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 CX) Hot Bituminous Pavement used for "topping" material will be measured and paid for at the Contract Unit Price for Patching In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair (three (3) days), the Contractor shall remove no more than six (6) inches of pavement The pavement areas shall be temporarily patched with a minimum of two (2) inches of asphalt These locations shall be paid under the Contract Unit Price for Patching Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225 ❑ F Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3) working days of said concrete work Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula Deduct 0 054 Tons Per Square Yard Inch Subsection 403 04 is revised to include the following Patching will be measured by the ton Pavement cutting, excavation, subgrade preparation, haul, disposal, and bituminous materials will not be measured or paid for separately, but shall be included in the contract price for Patching Load slips shall be consecutively numbered for each day and shall include the batch tune Subsection 403 05 is revised to include the following The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton Payment will be made under Pay Item Pay Unit Asphalt Patching Ton 10 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 Patching, including pavement cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete-m-place, as shown on these plans, as specified in these specifications, and as directed by the Engineer END OF SECTION 11 REVISION OF SECTION 608 COLORED CONCRETE Section 608 of the Standard Specifications is hereby revised for this project to include the following Subsection 608 02 is revised to include the following Proportioning shall conform to the requirements for Class `B" concrete as described in Section 601 for the concrete used in the construction of the sidewalks, access ramps, and curb and gutter Colored concrete for the 4" thick sidewalk will be colored with 1 % lbs per sack of cement using the following pigment Davis No 5237. San Diego Buff, or approved equal After finishing and before the surface of the concrete has dried it shall be protected by the application of a thin coat of Davis W-1000 Clear Cure & Seal or approved equal END OF SECTION 12 SECTION 00615 PAYMENT BOND Bond No. 599759 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Manhole Specialties (Address) PO BOX Y, Berthoud, CO 80513 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Inland Ins. Co. (Address) PO BOX 80468, Lincoln, NE 68501 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 $72,461.75 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 seve:ally, 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 9fh day of _ 20_9j, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Downtown Streetscape - Walnut Street; Bid No. 5539. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials Eor 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 Page 1 REVISION OF SECTION 610 CONCRETE SANDBLASTING — Section 610 of the Standard Specifications is hereby revised for this project to include the following Subsection 610 02 shall be modified to include the following Concrete Stain shall be Lithzchrome Grey, manufactured by Cleveland Lithichrome 1024 E, Wall Ft Scott, KS 66701 (316) 223-3210 or approved equal Subsection 610 03 shall be modified to include the following • Stencil and lettering shall be Times New Roman r'ont. eight (9) inches lugh, placed as shown on the plans Pattern and placement shall be approved by the Engineer prior to sandblasting • Depth of sandblasting shall be a munmum of 3/32 inches and a maximum of 5/32 inches • Sandblasting shall be performed using a fine grained sand • After sandblasting is complete, all sandblasted surfaces shall be thoroughly cleaned All sand particles, loose concrete particles, and foreign debris shall be removed Engineer shall inspect and approve final sandblasted surface prior to application of the stain Stain shall be applied according to the manufacturers specifications and instructions END OF SECTION 13 TRAFFIC CONTROL PLAN — GENERAL Traffic Control for this project will include significant amounts of pedestrian traffic due to it's location The Contractor's traffic control plan shall specifically include methods of handling pedestrian traffic during the construction Access to all businesses shall remain usable at all times during business hours The bid item for lump sum traffic control shall include the cost of construction and maintenance of a temporary pedestrian walkway to be used during the construction to maintain pedestrian access throughout the duration of the construction END OF SECTION 14 UTILTIES In addition to typical utilities that may exist in and adjacent to this protect, electrical services are in place beneath the existing sidewalk on College Avenue These existing services are to remain in their present location beneath the pavement It will be the Contractor's responsibility to protect all existing utilities from damage during the construction END OF SECTION 15 SECTION 02000 CONCRETE PAVING PART 1 GENERAL 1 1 Description PART 2 PRODUCTS 2 1 Material PART 3 EXECUTION 3 1 Sample 3 2 Subgrade for Concrete Paving SECTION 0 10 10 SUMMARY OF WORK Description of Work A The Contract Documents provide for iemovmg and replacing exis landscaping in the following areas the island bounded by Walnut College Avenue, the corner of Walnut and Pine Streets, the sidew side of Walnut Street The work will include iemovmg existing c( landscaping, curb, and gravel, establishing new grades to improve installing concrete pavers on a compacted agg-egate / sand base, a selected curb and gutter with required street repairs ing concrete and Street, Pine Street, and Ik on the northeast ncrete sidewalk, surface drainage, id replacement of No Text SECTION 02000 CONCRETE PAVING PART 1 - GENERAL 1 1 DESCRIPTION A This section incorporates in its entirety the City of Specifications for Streets and Roads with the following re PART 2- PRODUCTS 21 MATERIAL A. Imported fill material, if required, shall have a minimum R B Concrete Pavement 1 Modulus of rupture at 28 days- 700 psi minimum 2. Cement: Type I 3 Maximum water content 0.49 lb/lb of cement C Forms. 1 Masonite for curved surfaces 2 2" x 6" Fir for sidewalk and rectangular surface D. Color Agent "San Diego Buff' manufactured by Davis Cc PART 3 - EXECUTION 3.1 SAMPLE Provide a 4' X 4' sample of proposed concrete walk si Owner prior to placement of sidewalks. Obtain w proceed prior to placing remaining walk The sampla the permanent work if approved by the Owner. If the the Contractor shall remove the test section from tl another sample for approval 3.2 SUBGRADE FOR CONCRETE PAVING A ASTM D698, Minimum Percent Compaction: 95 END OF SECTION COLLEGE AVENUE IMPROVEMENTS April 28,2000 Collins Standard of 9. face for review by the itten authorization to may become a part of anple is not approved, e site and shall place PAVING 02000 -1 SECTION 02231 AGGREGATE BASE COURSE PART 1 GENERAL 1 1 Section Includes 12 Related Sections 1.3 Testing 1.4 Protection PART2PRODUCTS 2 1 Materials PART 3 EXECUTION 3.1 Examination 3.2 Preparation 33 Soil Separator fabric 3 4 Aggregate Placement 3 5 Tolerances 3 6 Field Quality Control SECTION 02231 AGGREGATE BASE COURSE PART 1 - GENERAL 1 1 SECTION INCLUDES A Aggregate base course B Subgrade Compaction 1.2 RELATED SECTIONS A Section 02000- Concrete Paving B Section 02517 - Stone Pavers Sand setting bed and Interl course C Section 02518 -Concrete Pavers Sand setting bed and Inter course 13 TESTING A. R-Value test for moisture stability of base course aggregate 1.4 PROTECTION A Protect all subsurface sleevmg and conduit. PART 2 - PRODUCTS 2.1 MATERIALS A Aggregate Fill Type Provide aggregate base course in conform with the drawings Materials shall be sound, dur clay,srlt or orgamc materials Material shall be 100% crushec following limits: Sieve Size %Passms 1" 100 3/4" 70-100 3/8" 50-80 I-ULLLUE AVLNU1i 1MPEUVI MENl'S Apn128, 2000 pavers over base pavers over base lantrtres necessary to )le particle, free from vith fines graded to the COURSE 02231 -1 No 4 35-65 N0.10 25-50 No 40 15-30 No 200 5-12 B. Soil Separator Fabric Typar3341, Mirafi 140 or approved equal PART 3 - EXECUTION 31 EXAMINATION A Verify subgrade has been inspected, gradients and elevations are correct, and subgrade is dry 32 PREPARATION A. Establish a consistent subgrade depth in conformance with the dimensions shown on the drawings B Compact subgradeto 95 %Standard Proctor Density (ASTMD698) within amoisture content range of 2 percent below to 2 percent above optimum C Determine moisture stability- Moisture stability is determined by R-value testing which shows a maximum 12 point difference in R-values between exudation pressures of 300psi and 100 psi. Aggregate base course material shall be tested to determine compliance with these specifications prior to importation to the site. D Correct irregularities in substrate gradient and elevation by scarifying, reshaping, and re -compacting E Do not place fill, grade or compact on soft, muddy, or frozen surfaces 3 3 SOIL SEPARATOR FABRIC A. Install soil separator fabric over all compacted subgrade areas to receive aggregate base course material Maintain clean edges that do not extend above the final surface of the aggregate base course. Do not disturb once the separator fabric is in place 34 AGGREGATE PLACEMENT A Spread aggregate over prepared subsgrade to the total compacted thickness shown on the drawings COLLEGE AVENUE IMPROVEMENTS AGGREGATE BASE COURSE April 28, 2000 02231 -2 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 one, of, which shall be deemed an April ,2001 . S� Al"rr,, 7 f r ; , (Corporate Seal) IN; PRESENCE OF: i IN PRESENCE OF: executed in four (4) counterparts, each original, this 9th day of _ Principal By: Manhole Specialties BOX Y, Berthoud, CO 80513 101 Surety ess) s By: Inland Insurance Co. 40 ' PA By PO BOX 80468, Lincoln, NE 6850Y (Address) (Surety Seal) Sandra E. Aragon-�' Attorney -In --Fact 11 ' � 4'7"ram NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 Hat C 0 Place aggregate in maximum 6 inch lifts and compact to 980 0 SPD (ASTM D698) Level and contour surfaces to elevations and gradients required to attain the specified finished surface elevations as shown on the; drawings. Add small quantities of fine aggregate to coarse aggregate as appropriate to assist compaction E. Use mechanical tamping equipment in areas inaccessible to 3 5 TOLERANCES A. Flatness: Maximum variation of 1/21nch measured with 1( B Variation From Design Elevation Within l /2 inch 3 6 FIELD QUALITY CONTROL A Compaction testing will be performed in accordance with E B If tests indicate Work does not meet specified requirement: and retest. C Frequency of Tests. 1 per 1,000 SF END OF SECTION COLLEGE A� April 28. 2000 equipment. bot straight edge 1_0603 Work, replace rE BASE COURSE 02231 -3 SECTION 02517 STONE PAVERS PART 1 GENERAL 1 1 Description 1 2 Related Sections 1 3 Submittals 1 4 Submittals for Information 1 5 Mock Ups 1 6 Environmental Requirements PART 2 PRODUCTS 2.1 Paver Materials 2 2 Sand Bed materials 2 3 Accessories 2 4 Source Quality Control 2.5 protection PART 3 EXECUTION 3 1 Examination 3 2 Sand Setting Bed 3 3 New Sandstone Pavers 3.4 Cleaning 3 5 Protection of Finished Work SECTION 02317 STONE PAVERS PART 1 - GENERAL 11 DESCRIPTION A. Furnishing and installation of new sandstone pavers B Furnishing and installation of sand setting bed. 1 2 RELATED SECTIONS A Section 02518 - Concrete Pavers B. Section 02231 Aggregate base course- Prepared subbase fo; 1 3 SUBMITTALS FOR REVIEW A Samples. 1 Submit two P X 1' samples of each new paver type, color range and surface texture of units being provid 14 MOCK-UPS A. New sandstone Pavers - Provide paver mockup, 6 feet long includes setting bed, pavers, joints, and concrete banding S as part of final installation if approved by Engineer Remove and reinstall mock up if not acceptable. B. Mockups may remain as part of the Work ii- acceptable to tl 15 ENVIRONMENTAL REQUIREMENTS A. At end of working day or during rainy or snowy weather, c weather with waterproof coverings, securely anchored PART2 PRODUCTS 2.1 PAVER MATERIALS COLLEGE AVENUE IMPROVEMENTS Apn128, 2000 pavers. illustrating style, size, by 6 feet wide, which ample may be retained and restore setting bed Engineer work exposed to STONE PAVERS 02517-1 A. New Sandstone Pavers Stone Quarry Arkms Park, Loveland, Colorado Color- Loveland Buff Dimensions- 3" thick, width and length shall be per the plans and details Finishes Saw -cut edges, natural cleft top and bottom surfaces Lips or abrupt changes in the exposed surface of the stone shall not exceed 1/8-inch 22 SAND BED MATERIALS A Sand for Setting Bed and Joints Clean, washed concrete sand to conform with the following gradation: Sieve Size %Passing 3/8" 100 No.4 90-96 No 100 10-30 23 ACCESSORIES 24 2.5 A Cleaning Solution Water at ambient air temperature with a mild detergent Submit sample SOURCE QUALITY CONTROL A. Fabrication Tolerances For Stone Units. Within 1/4 inch of actual dimensions. PROTECTION A Protect all stone faces from damage Use folded blankets, foam rubber etc. to protect stone faces from damage by cables, chains or other abrasive materials to be used for placing stone. B Use only experienced stone masons with a minimum of 5 years experience. Masons shall be experienced in historic renovation work and be familiar with the requirements of handling, cutting ,placing and cleaning historic stones PART 3 EXECUTION 31 EXAMINATION COLLEGE AVENUE IMPROVEMENTS STONE PAVERS April 28, 2000 02517-2 A. Verify substrate conditions under provisions of Section course. B Verify that substrate is smooth, and capable of supporting imposed loads, and ready to receive work of this section C Verify gradients and elevations of substrate are correct. Do course is not installed per drawings and specifications 32 SAND SETTING BED A. Screed sand evenly over prepared substrate surface to a 1 1/2 inches B. Do not disturb or pre -compact sand setting surface after sand as required after placement of individual stones 3 3 SANDSTONE PAVERS I1 Aggregate Sub base sandstone pavers and proceed if subbase thickness of 1 to Regrade A. Place new sandstone paver units in pattern as shown on layout plan, from straight reference edge Form tight joints with no greater tLn a 1/8" joint dimension. B. Move sandstone pavers with a mechanical or manual hoist, fork lift, block and tackle or similar means Protect sandstone from damage. Handle carefully C. Establish finish grades in conformance w,th the drawings Place stones with no vertical difference in plane between stones that would create a possible trip surface D Sprinkle sand over surface. Sweep into joints Recover with additional sand until firm joints are aclueved. Sand shall be filled until flush wIlith the top of stones Remove excess sand E Tamp and level paver units with mechanical vibrator until units are firmly bedded, level, and to correct elevation and gradients. 34 CLEANING A Clean sandstone surfaces using cleaning solution prior to sweeping sand into joints Allow cleaning solution to dry prior to installation of sand COLLEGE AVENUE IMPROVEMENTS STONE PAVERS April28, 2000 02517-3 B Use non-metallic tools in cleaning operations. C Rinse surfaces with clean water. D Broom clean paving surfaces after final sand operations 3 5 PROTECTION OF FINISHED WORD A Section 01700 - Contract Closeout- Protecting installed work. B Do not permit traffic over unprotected paver surface END OF SECTION COLLEGE AVENUE IMPROVEMENTS STONE PAVERS Apnl 28, 2000 02517-4 SECTION 02518 CONCRETE PAVERS PART 1 GENERAL 1.1 Description 12 Related Sections 13 References 1.4 Submittals for Review 1 5 Submittals for Information PART 2 PRODUCTS 2.1 Manufacturers 2.2 Materials PART 3 EXECUTION 3.1 Examination 3 2 Installation SECTION 02518 CONCRETE PAVERS PART1- GENERAL 1.1 DESCRIPTION A Concrete paver units, B Sand bed and sand joint filler 1.2 RELATED SECTIONS A Section 02000- Concrete Paving B Section 02231- Aggregate Base Course 13 REFERENCES A. ASTM C936 - Solid Concrete Interlocking Paving Units. 14 SUBMITTALS FOR REVIEW A. Section 01300 - Submittals: Procedures for submittals. B Product Data Provide characteristics of paver unit, dimensions, and special shapes. , C Samples: Submit four samples of each paver size, illustrating style, size, color range and surface texture of units being provided Construct test panel four feet by four feet for review by Engineer. Test panel may become a part of installation if approved by Engineer, 15 SUBMITTALS FOR INFORMATION A. Section 01300 - Submittals. Procedures for submittals. B Manufacturer's Installation Instructions• Submit manufacturer's installation instructions Indicate substrate requirements, installation methods, and paver thicknesses. PART 2-PRODUCTS I COLLEGE AVENUE IMPROVEMENTS CONCRETE PAVERS April 28, 2000 02518-1 21 MANUFACTURER A. Manufacturer- 1 Pavestone Company, 9401 E 96" Avenue, (303)287-3700 2 Substitutions• Not permitted 2.2 MATERIALS 13 Colorado 80640, Pavers Conforming to the following. 1 Type. ASTM C936-82 Hydraul;cally pressed concrete of minimum, 28 day strength 2. Freeze/Thaw: Section 8 of ASTM C-67-73 3 Air Entrained 5 to 7 percent. 4. Moisture Content 7 percent 5 Moisture Absorption. Maximum of 5% 6 Model: Holland and Double Holland 7 Nommal Size a Type 1 Pavers Holland 2 3/8"H x 4"Wx 8"L b Type 2 Pavers Double Holland, 2 3/8"H X 8"W X 8"L C. Type 3 Pavers Double Holland, 2 3/8"H X 8"W X 8"L 7 Pattern- As Shown on Plans 8. Color- Oaks Blend Sand Setting Bed and Joints following gradation: Sieve Size 3/8" No.4 No 100 PART 3 - EXECUTION �1l. % ilk/WWU9I►1 Clean, washed concrete %Passing 100 90-96 10-3 0 A Verify that substrate is level or to correct gradient, smo pavers and imposed loads, and ready to receive work of B Verify gradients and elevations of substrate are correct. 3 2 INSTALLATION COLLEGE AVENUE IMPROVEMENTS Apn128, 2000 8,000 psi to conform with the capable of supporting Section PAVERS 02518-2 A. Use only experienced installers with 5 years prior experience and training in the installation of concrete pavers B Screed sand evenly over prepared substrate surface to a maximum thickness of 1 to 1 1/2 inches C Do not disturb or pre -compact sand setting surface after screeding D Place paver units in pattern as shown on the plans and details, from straight reference edge Pavers shall be laid hand tight with care taken to maintain straight and true lines Joints of pavers in bands shall be aligned with joints of pavers in the fields E Cutting, where necessary, shall be accomplished with a double bladed splutter or a masonry saw Maintain tight spaced joints F After stones have been installed and the cutting has been completed, the stones shall then be compacted into the loose sand with a plate type vibrating compactor One pass on all areas. G. Sweep sand into thejoints. Vibrate with a plate type compactor until joints are full Joints must be filled all the way to the bottom of the chamfer on the pavers Sweep off excess sand and remove from the site. END OF SECTION COLLEGE AVENUE IMPROVEMENTS CONCRETE PAVERS Apn1 28, 2000 02518-3 INLAND INSURANCE COM, PANY LEN COLN , NEBR ASKA POWER OF ATTORNEY - Tha: tie Lv—\N-o LNstzs,4ce Coy,tiN-i a cc:,.oa ton or',`, Sca'e of ha ^g Its P•-nc pal o',-ce I^ t•e cu. of Li-co_i \>b-aaa to the fo"'od:r : was adOp"ed b• t-e E,:rd c- D-ec:e-s of the �Ld Cc -,;a" • on Jul, 27 I'SI :e wi l: �c'e It S FES:D7\ i 0.=LCEPS a,-\D F-lCT .re F-es i . or a^s C:ce Fr�sld- at'�; w;•h a-s c.;re'?-, o- +.i;'sa-: 5''•:'e:a-r. stsl ha. t^e a.:•hor . C. ap,.::. ?es,de �;ce i'.es de^s a-�C V.,D-,?}5I^ rat- µZ:' [^e ^i•2' a_ dla. ^or , to s,t aad de5ser en Is lboiaL` as Ste'• ^. aid a'_' L^,de':a; ^3s c.'s.::e^•sn.o a-d to a'.-_c 'ire,o the co ,—o-a e' se:' c,'re ee ra.o^ ire "e� den o' a1s t:ce ?redden: acc.lg w :h ary J2c;z' . o: sssss^.. re n, s^ai aLw tease [',e au to re-o.e and resole the a::zor:., of ai, sat., a;;,)Lr,.ee a: a^ ,,, do-ei hereb'r ra:,e, tors cite asd appra: 4!_yre Si -,:or Randall P. Caving or Tho-as F. t:nalen or Deborarl Epler, Colorado SprirBs, Colorado or Sa.,dra C. 1.ra.gon, Denver, Colorado its [^,e aid Iash.f 4^c"-,ey;5i-[n F,t^ to tale ecea..e seal and delsstr fo• aid on I, t-e^al! as Sa•e's 4^s aid a't Lnder:3,t 0.'5..-e,s�hlp Ord [he ecw_u..on of s_ch t<^b o' ^decal.^z, to Persua-ce of p•esens s'a'J be as b'ndiiz upon so c Corm-^ 35 f'_'s a^,d a^,Is m all is to^:sand p'a ro,zs as I`tnzs had to?, d.ts etecu:zd and a,�^o.s led3�d bs t^.e rz;atarl: e•r:tzd o!Cice's o! [:te Ccr, pans a Is o'�;crs r L,ca:^ \eyasRa, to thelr Own P•;rv^_5 ine (a rras;: g Fe>oluuo❑ was adop ed a• tie F^e.'a• l'eeur3 of the Board or D✓ecro's of the Ls-LksD I.staltice COs N-) he d on Jul, 23 1931 ED Tr a: the s, a'u•es o: o:Lce"s or tie Cor221_ and the ,at of the Compans r-.as be a'Cued is Ifacsurtle to a•,. Pc+er of 4t^ornes ex educed in accordance %.ti A^.cle l Secuon o e' t^e Co-oan; B•Iaw s and that a^. sucn Powe- of APcrnes 013,713 such facs,mOe 5't a ¢;en t^clodlre the h r G a 1 > I' 1 .� lacs;n' sly a'u•e o. a ee :;f;1^,g-�s.,s[a ;. _-cr_s-. a^d !ac>,ru z s_at ,ha I Gr sa.:d a,^_ btndrrz u, In tnz Conpa,;s w I;r. rzipec, :o a1� bond u ;de-aR:'e3 or Con:2CL or su•e[.sn 0 to which I' Ls a'ahed All au:ho-tts he•eb% cenferr:d shaL reran Li fa'J fo•:e and efrect urtlt terr-na:ed bs the Conpans I\ Ml lEss 1 ^EPEOF I4t4\D LNsIB\\cE Cost"�Avj has caused t: ere pre5ens to Ae s•ped b) is l:(e President a^d m corp)raLe seat to be hereunto a'CLc?d this 20th da: of January' l9 9f, /1 I\L4\D hSL?Is\CB N`d?�\� 4 4 r 5.3te of \ebr: s;.i s> Counts of Lnua;ce; On t^.Is _ 20tn das ei _ January 19 94 be`o"e me pe start. came _ Robert L. Privet t to rie Isnos❑ wro t,�lnc bs re du; sao•r d•d depose aid say [•v. tslne res:dee in the Counts o'Sesa•d S a ego! Neb-as'<a t: a (,he t, the ltce Pce>,der[ of [ne INL1s-D 145LB s\cE C0VYANI the corps In a^d which es,cur?� the ata.e ,^r (slhe knows tie seal of tie sa d corpora uo1 tha the v_a' a.C'.xed to Lae sa d Ivt ^.en: Is suc'' co ro•a:e SDat tha: It was so a'fued b% o'de" of [re B)adlr, D•ectors of sa'd co,,^,orat,oa [ha' (s;be s ped (hs) (ner) na^e b} (ae order aid Lra B:'i+ Aaae l-L`cuon 5 adopted bs the Board of D rectors of sa'd Cerpany referred to t1 the preceding L:tstrurnent, U nOh L'i fa-ce GE7c7J. 1:; A-D 0 ILI'Li � 8-22-97 PL)LC I Jean-e Bet, ., a^d fJ _1J b a t �? _ d C� ._ CJ,) C .. Pa A.' n { ,C""' 0<`ri' •d t .' Ise a-d 5da''d a t" la Of Ir-_n n \0:'1'.1 , �t }1 �_. C, SECTION 02870 MISCELLANEOUS SITE FURNISHINGS PART 1 GENERAL 1 1 Section Includes 12 Related Section 1 3 Submittals for Review PART 2 MATERIALS 2 1 Existing Bench 2 2 Existing Trash Receptacles 2 3 Existing Bike Rack 2 4 Existing Tree Grate 2.5 Drain Inlet Grate 2 6 Existing Bollard 2 7 Miscellaneous Hardware 2 8 Protection PART 3 EXECUTION 3 1 Existing Trash Receptacle 3 2 Existing Bike Rack 3 3 Existing Tree Grate 3.4 Drain Inlet Grate 3 5 Existing Bollard PART 4 GUARANTY/WARRANTY A y d 0 SECTION 02870 MISCELLANEOUS SITE FURNISHINGS PART 1 -GENERAL A. SECTION INCLUDES A Existing Bench B Existing Trash Receptacle C Existing Bike Rack D Existing Tree Grate E Dram Inlet F. Existing Bollards G Miscellaneous Hardware H. Samples B RELATED SECTIONS A Section 02000- Concrete Paving B Section 02518 - Concrete Pavers. C SUBMITTALS FOR REVIEW A. Shop drawings, technical literature from the manufacturer for each of the following - A Drain Inlet Grate PART 2 - MATERIALS 21 EXISTING BENCH Manufacturer- Not Applicable, existing benches to be removed protected in place See layout plan for locations of existing benches. 22 EXISTING TRASH RECEPTACLE Manufacturer: Not Applicable, existing trash receptacles to be removed and reinstalled after pavement is in place See layout plan for locations. Mounting Surface mount Fastening hardware shall be approved by the City Representative COLLEGE AVENUE IMPROVEMENTS SITE FURNISHINGS Apn128, 2000 02870 -1 V 23 EXISTING BIKE RACK Manufacturer Not Applicable, existing bicycle racks to be removed and reinstalled after pavement is in place See layout plan for locations. Mounting- Surface mount. Fastening hardware shall be approved by the City Representative 2.4 EXISTING TREE GRATE Manufacturer. Not Applicable, existing tree grates to be removed and reinstalled after pavement and tree grate supports are in place See layout plan for locations. Mounting Per plans and details. 2.5 DRAIN INLET GRATE Manufacturer- Urban Accessories, 20004 144th Avenue NE, Woodinville, WA 98072, (206)487-0488 Model- STD Size: 24" square Mounting. Per plans and details. 25 BOLLARDS Manufacturer. Not Applicable, existing bollards to be removed and reinstalled after pavement are in place See layout plan for locations. Mounting: Install bollards per the bollard manufacturer's instructions. 2 6 MISCELLANEOUS HARDWARE A. Hardware: All hardware including nuts, bolts, and washers, shall be cadmium plated, an shall conform to ASTM A307. B. Expansion Bolts Expansion bolts and anchors shall be galvanized. Where expansion bolts are to fasten to concrete, they shall be Hilti "KWIK BOLT" or approved equal. Where expansion bolts are used to fasten to concrete block or other masonry construction, they shall be "RAWLY" anchors or approved equal. 2.7 PROTECTION A. Protect all painted surfaces from cracking or chipping during removal, storage and installation. Use blankets, tarps etc. to protect paint surfaces while handling and COLLEGE AVENUE D4PROVEMENTS SITE FURNISHINGS April 28, 2000 02870 -2 a b , • a 'o e storing B Do not accept materials damaged during shipping. Damaged parts shall not be accepted. If minor repairs are required it shall be at the discretion of the Engineer whether the items are acceptable C Verify proper operation of all equipment prior to acceptance. Contractor shall be responsible for proper operation of all materials. PART 3 - EXECUTION 3 1 Existing Trash Receptacles Fasten in place per the manufacturers instructions or as approved by the City Representative Install in locations shown on the plans and details. The City's representative shall approve the final location of the trash receptacles prior to fastening them inplace. The contractor shall notify the City's Representative a minimum oftwenty-four (24) hours in advance of mounting the trash receptacles 3 2 Existing Bike Racks: Fasten in place per the manufacturers instructions or as approved by the City Representative. Install bike racks in locations shown on the layout plans The City's representative shall approve the final location of the bike racks prior to fastening them in place The contractor shall notify the City's Representative a minimum of twenty-four (24) hours in advance of fastening the bike racks. 3.3 Existing Tree Grates Install tree grates in locations shown on the layout plans. Tree grates shall be installed so that the top surface of the tree grate is no more than 1/8" above or below adjacent surfaces at any point. 3 4 Dram Inlet Grate: Install drain inlet grate per the details and the manufacturer's instructions. Install in locations shown on the plans and details Dram inlet grates shall be installed so that the top surface of the grate is no more than 1/8" above or below adjacent surfaces at any point 3 S Existing Bollard: Fasten in place per the manufacturers instructions or as approved by the City Representative. Install bollards in locations shown on the layout plans. The City's representative shall approve the final location of the bollards pnor to fastening them in place. The contractor shall notify the City's Representative a nummum of twenty-four (24) hours in advance of fastening the bollards PART 4-GUARANTY/WARRANTY D Guaranty/Warranty all new products under this section for a period of one year from the date of Substantial Completion. In addition to the manufacturer's product COLLEGE AVENUE IMPROVEMENTS SITE FURNISHINGS April 28, 2000 02870 -3 b Guaranty/ Warranty, the Contractor shall Guaranty/Warranty the installation of all new and re-mstalled products in this section exclusive of normal wear and tear and damage caused out of the Control of the Contractor This Guaranty/Warranty shall extend to removal and replacement of any defective materials or damaged products ansmg out of the failure of the product or improper installation of the Contractor END OF SECTION COLLEGE AVENUE IMPROVEMENTS SITE FURNISHINGS Apnl28,2000 02870-4 No Text SECTION 00610 PERFORMANCE BONE) Bond No. 599759 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Mnhole Sloecialties (Address) PO BOX Y, Berthoud, CO 80513 (an Individual), (a Partnership), (a Corporration), hereinafter referred to as the "Principal" and (Firm) INland Ins. Co. (Address) PO BOX 80468, Lincoln NE 68501 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 _ $72,461.1-d� 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 _ April 2001, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Downtown Streetscape - Walnut Street; Bid No. 5539, 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. 7196 Section 00610 Page 1 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 four (4) counterparts, each one of which shall be deemed an original, this 9th day of _ IN PRESENCE OF: (Surety Seal) NOTE: 7/96 Principal Manhole Spe<yi,�,lties Inc. le) B©X Y, Berthoud, CO 80513 (Address) Other Partners By: By: Surety By Inland Insurance Co. By: PO BOX 80468, Lincoln, N�E�y68 (Address)--= Sandra E. Aragon Attorney IN Fact Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 INLAND INSURANCE COMPANY L2�COLN, NEBRASKA POWER OF ATTORNEY Ctt I .Es C C (�e5cCQ ci j : 'Ih3t the L\ k» L,sezN_NC-E COr_ kN\1 a cor,,o—. ton of t``e Ss'e or \eo :a ha .rg is prnc•pa' e'I'ce i^ IZ�- Ciy of L-eo_t \e5aAa pu 51aa: to c'te fo'o+:: z -n..;.aA,'A1._c-, ua, adop-ed o re E,i:d o D'-ec,c-s of the sid Ce•upa -. on Jul, 23 19s1 to wl: T"^e F-e._e^r o- a^s N.ce Press •r�: aa,ng a;,h a,� cY-e, ; o- �•=ro3 j, a.f ha•> ire a.:.hx;•. Ic a:+p ,", Fa,de }Ice P;zs'de^s and V::^eNs !^ =a^ wz:-• t-e b:! �a1 ^o— , to s.^. ec?:.::e aC,-eAl>Cze a- d deS'se, CII l:o t- ^al_' as S1r_ , +^I and aC L-de^ae_ _'_i C' i,::?: •s^_C a-d to a ,Lx tit_ ?'0 the co fo•1.? seal Cr (^•e co•pC2 'o- l"e P1ei de i o• an. N;ce P7e5lden. aCLng N.:h SeCe.a•} or +s:S3nt Secre_an. s^31 aL�o 1,3%e t''? au ^on , to rero,e a.^d re -one the a.::^.on o' an, s_,ca a;,Ju." I d ,s he-ebr rake, tors Cite and app,Tr' _yr,e Sig or Randall P. Geving or T' n" Colorado or Tno"a5 F. _lea or De�oran Ep1er, Colorado Spr_,�s, 't SaDdra E. .a.ra;on , Deaver, Colorado Is r-ue and I3AruI A:,e^es;i [n Fa^t to ra'.e execL:e seal a-,d detl%e- Io• aid on is b?-aL' as &..•?'t {^s a^d a" Lnde•:a,.^_; o's..•z:��^.p {rd the exec'1..on of s.:ch tc^ds o- u^derak,-zs In pers,a-ce of thee p'eseus s^a'J be as b'adlrg up?r so C Comp3^s as f_'% and a'^pi, to aD L: te,s and pc ,,),es as tr tnes had b•en dull executed a.^d b tie re:1'3:'y e'e,_ted o:Dce•s of the Cc'ipaat a Is c'.;czs I^ Lnco i \eYas,ca Ln their O` rt Per -ions i ne foiloA;r2 Fe:oluuon was adopted a' t;,e Pe:a3• Veecl-g of the Eica-d or Drevoz of cite Lvuw IssnkNcc Cot(?c\'t he'd on Ju's 23 193! ' PL�OL} EC Ir3: tPe S,SMa:U-ei CI C,f,Ce•S 0't'e Compan; and the seal or the Compan} r-.3% be aff led b, f3:s..^t!e to a-, pa•er of At orneN, ex e•CUted in azcordance A,t't {,^.Icle N S2ctlon C of tie CCm7ant B.lak s a,,d :Ila a^. sucn Powe- of Ac:o-ne% be3.^,r,; such fi_s,mll? sy a u-e� WCtLdl, g the f3, i,^I•I- sIJ3:Ure or a Cer.Lf;%g ASSStan. ``ecreta ,, a-d facs,rule Sell sha'! be \ aUd ar•d bLndln2 u-,n the Cor^pant M I:r respec, to a-..% bond unde-akmg or contract or su•et.sh p to µhuch It Ls a cached {If au:honq he•ebt co•tfered shaL rer^vn m Pufl to-ce and efrect un•d te,^1n3•ed b% the Compan � I\ N;7TIESS MrFPEO? Iwt;o L,SLacNCe C014A\l hrs c3u5ed the>e pieiens to be sped b) i� Nice yyPreslden' a-d I•n corparate seat to be he-eunto a`fLxed thus 20th da, of _ January la 44 r4 � <j � � AJr v (SE_1L t,ce 1re51dent i State er \zhrs.a l _ Co:.nt o.' Lancaster On t^:s 20en da. of _ Jaauar% !? 94 be,'o•e re pers),aa. came _ IRoberc L. Privett to re 1, -to A n w no t-eing b} re del% sV a-,, d•d Cep•»e aid Sas t``a: [s)ne rerde� tithe COUntr o' 5..A3'd S.3 : of \ ^t'a523 th3, (,;he 11 the N ice P, e>.de. t of tno LL+\-i INS v&l\CE CoO (CPA VI the ccrpra Ion decrt_d to and which executed the at._,e t^a: (sl'!e prows titt seat or t�? sa'd eorpo-a t on that the sea' a.rfu>_d to the sa,d I, ,_^en, is sac`• co-po-ve seat, tha, it was so a'fLxed b% o-d'.- of tre Pond cr D,•ecto-5 of so d co-poat,on that (s)re spied (h.$) (her) name by Like ord,., and trat B•, jA A-icie l S7cuon 5 adapted by the Board of Eve -ors or so d Ccnpaz). referred to to the preceding L•Utrument, Lc no Ln fa•Ce GF3 all L_r1.17# 0 LN,• G:A.A D 0 LFJts \f. Cc Ls: .on ('. xp I -e: 8-22-97 \'U,3-t PL`•LC ' ! Jeanae Be o {.3: a^ 17,'2.a^. �+ I�l_��D t%StP kNCE COVP t1T do h"'?. C ('a: Iie dN`,e rd N".c' co; c` a P,•_- n' Lino Cov".N t Hull.,-, a^d sea''.. a• t-. CI , or L-.o ,t \ec,.t a , 9th d1 o, No Text Downtown Streetscaping - NE Walnut Corner Island 4/210'I Northeast Walnut Street and Pine Street Island Bid Schedules Spec/Item Description Total Unit Unit Price Item Total Number Est Quantity I Schedule F, - Island I 212 Tree Protection 3 EA $25 00 $75 00 202 Remove 4" Concrete sidewalk 700 $4 00 _ $2,800 00 Remove 12" interior curb 130 LF $2 00 $260 00 Remove vertical curb and gutter 10 LF $4 00 $40 00 210 Remove store and reset regulatory/street signs 3 EA _ $75 00 $225 00 210 Protect in place existing street signal and street light 2 EA $15 000 — $300 00 Remove existing sign 1 $50 00 $50 00 Remove Existing Shrubs and Rack Mulch 2700 SF _ $1 00 $2,700 00 210 Remove exishng trees 4 EA $300 00 $1,200 00 210 Remove, store, .and reset tree grates and frames 5 EA $40 00 _ $200 00 608 Colored Concrete 4" (Davis color #544) 3000 SF $3 75 511,250 00 609 Vertical Curb and Gutter 7 LF $18 00 $126 00 403 Asphalt Patchinq - 6" 5 ton _ $120 00 $600 00 608 Concrete Lettering - sandblasting (4 locations) 1 LS 2,00000 $2,000 00 Subtotal $21,826-00 Schedule 13 - Corner and Walnut Sidewalk 212 Tree Protection 2Q 210 210 210 210 210 210 608 609 609 608 610 610 400 41Z 608 Signed Company Check One Remove Highback Curb & Gutter, 4" Concrete, Sidewalk, Concrete Pavement, Asphalt Pavement, Brick Pavers Remove store and reset regulatory/street signs Remove, store, and reset fencing Remove, store, and reset newspaper vending machine Remove Existing Shrubs and Rock Mulch Adjust Valve Box Bicycle Rack (Remove and Reset) Remove, store, and reset tree grates and frames Colored Concrete 4" (Davis color #544) Vertical Curb and Gutter Vertical Curb No Gutter Concrete Banding - 18" (gray) Brick Pavers - type I (bands) Brick Pavers - type II (fields) Asphalt Patching - 6" Concrete Pavement - 4" Concrete LeHeong - sandblasting (2 locations) 9 EA $25 00 $225 00 5364 SF $4 00 $21,456 00 2 EA $75 00 $150 00 57 LF $4 00 $228 00 1 EA $150 00 $150 00 425 SF $100 $42500 9 EA 15000 $1,350 00 2 EA $50 00 $100 00 7 EA $40 00 $280 00 887 SF $3 75 $3,326 25 187 LF $16 00 $2,992 00 120 LF $9400 $1,68000 61 LF $1800 $1,09800 294 SF $9 50 $2,793 00 473 SF $1000 $4,73000 15 ton _ $12000 $1,80000 2741 SF $2 50 $6,852 50 1 LS $1,00000 $1,00000 Subtotal $50,63575 Total $72,46175 �/ Y-/I(1 r �(.[l'f1U/K'%Grp /(j/'J� Dollars and 1, - U Q Cents Address - t7 'Cel&a5 /NC 1�7���(�l 7�� /� p J Phone/Fax n Ste) -Z �q o) 5-32- 14687 Individual Doing Business in Company Name Corporation L.---� Partnership CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD" PRODUCER Six & Geving Insurance, Inc. 6208 Lehman Dr, St'e 300 Colorado Springs, CO 80918 (719)590-9990 FAX(719)590-9992 INSURED MANHOLE SPECIALTIES, INC. P.O. BOX Y BERTHOUD, CO 80513 9/27/190 THIS CERTIFICATE IS ISSUED AS A (MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES,NOT,AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ! 1 COMPANIES AFFORDING COVERAGE LETTER OmPANY A HAWKEYE SECURITY INSURANCE CO. LETTER COMPANY 6 CALIFORNIA INDEMNITY COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/ODNY) DATE(MM/DDNY) A GENERAL LIABILITY GENERAL AGGREGATE $ X COMMERCIAL GENERAL LIABILITY PP 460805 PRODUCTS-COMP/OP AGG $ CLAIMS MADE X OCCUR 0 4 /2 6 /0 0 0 4/ 2 6/ 0 1 PERSONAL & ADV INJURY $ OWNERS & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one Ore) S MED EXPENSE (Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE A X ANY AUTO PP 460805 LIMIT $ X ALL OWNED AUTOS 0 4 /2 6 /0 0 0 4/ 2 6/ 01 BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATKIN STATUTORY LIMITS B AND C1050916A 09/02/00 09/02/ 01 EACH ACCIDENT $ DISEASE - POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE - EACH EMPLOYEE $ OTHER A BLANKET RENTAL PP 460805 04/26/00 04/26/01 250 DED. EQUIPMENT DESCRIPTION OF OPERATIONSILOCATIONSNENICLMSPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. ITY OF FORT COLLINS' 300 LAPORTE AVE. FORT COLLINS CO 80522 2,000,00( 2,000,00( 1,000,00( 1,000,00( 50,00( 5,00( 1,000,00( 10,0, 00C 50,0, 00( 10,0, 00( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPALY WILL ENDEAVOR TO I MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I I LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THEE, COMPANY, ITS AGENTS OR REPRESENTATIVES ACORD 2S.S (TM) @AGGRO CORPORATION 1990 No Text SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. I , I I I SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Downtown Streetscape - Walnut Street; Bid No. 5539 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City_ of Fort Collins CONTRACTOR: CONTRACT DATE: 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) isl hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to 'complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 No Text SECTION 00640 CERTIFICATE OF FINAL AC TO Gentlemen: 20 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, Downtown Streets'cape - Phase I; Bid No. 5539. 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 prIo]ect, 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 I Section 00640 Page 1 No Text SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) i PROJECT: Downtown Streetscape - Walnut Street; Bid No. 5539 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 forithe 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 olr 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,i, 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 againslt 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 7/96 � Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR 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 00510 NOTICE OF AWARD Date: April 2, 2001 TO Manhole Specialties, Inc PROJECT Downtown Streetscape - Walnut Street, Bid No. 5539 OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that you are awarded the above contract based on your previous Downtown Streetscape - Phase I; Bid #5539 pursuant to the Fort Collins Code, Article 4, Section 8-160 (d) The Price of your Agreement is Seventy-two Thousand Four Hundred Sixty-one Dollars and Seventy-five cents Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 18, 2001. 1. You must deliver to the OWNER four (4) fully executed counterparts of the Agreement including all the Contract Document's. Each of the Contract Documents must bear your signature on the cover Iof. the page. 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Title SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Color do (hereinafter referred to as the "OWNERi') CONTRACTOR: PROJECT: Downtown Streetscape - Walnut Street; Bid NI. 5539 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for _ on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _ day of (Surety Company) I By �I ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 1,� Section 00660 Page 1 m SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. No Text DR 0172 It P/98) •COLORADO DEPARTMENT OF REVENUE D02)23 C416 CONTRACTOR APPLICATION (393)232-2418 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of pIurchasing 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 a part of the structure, highway, road, street, or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result In revocation of your exemption ceImflcate 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 of the subcontractors, (See reveise side ) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. I Regstrabon/Account No (to be assigned by DOR) Penca 0170 -%5ci 89 - _ E NVTRi?" TGRINFORKATION°':i , :'.;? .,,,'•' ;,;;;{' t �' ^�- rtS yla', ,d;u ;�'Gx2a"Y,�r�=4', n^h'i'S r:F,^' _:�'t'�»s1't ."�,*w. - ;,d'• , `dnzr ;y� a-?ry` r"� ;"- ;}4S . _' , Trade name/DBA Owner, partner, or corporate name Mailing address (City, State, Zip) Contact Person I E-Mail address: Federal Employer's Identification Number Bid amount for your contract. $ Fax number _ Business telephone number Colorado withholding tax account number •MF `x ,=+=i=•M.' • c `:-.w nrr�.';-'tp-':r'.•§ -' - r "{,�,OpIP.S;01'CO t: 9f Bflt' rd BS• Tdentl 1 �E1Sli�f�1�iF3MN`=.' o rac%of.a Tern' P gxX�' n theconiractingparties s.� ;,sand"(2}.containingrsigriaiv"xesoFzaorifracting�pa�kies_muiiffi&atached.�.w°}:� ,,, r,�,,;��a .,�'",,• . ��, Name of exempt organization (as shown on contract) Exempt organization's number 98" - Address of exempt organization (City, State, Zip). Principal contact at exempt organizabon Principal contact's telephone number - Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date, compatton date •Fa 4', 'Fr P - �tr/ Til: a, �ti F`�O t 4rK. „CN °I'tr`..•15`- 4 "'s,• ir` ri+i ' ��{�; - -"' "� -`c k` a1' .: _ r-C , " nik 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 Title of corporate officer Date E BELOW THIS LI m SECTION 00700 GENERAL CONDITIONS No Text GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by STANDARD GENERAL CONDITIONS OF THE CONSTF CONTRACT prepared by the Engineers Joint Contract E Committee, EJCDC No 1910-8 (1990 Edition), as a base C that document are shown by underlining text that has been striking through text that has been deleted the s to and EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1 DEFINITIONS , , .1 2 PRELIMINARY MATTERS , „ 3 1 1 Addenda 1 21 Delivery of Bonds.. 3 12 Agreement , , „ 1 22 Copies of Documents 1 3 Application for Payment ,1 23 Commencement of Contract 1 4 Asbestos „ 1 Times, Notice to Proceed 3 1 5 Bid 1 24 Starting the Work .3 1 6 Bidding Documents 1 2 5-2 7 Before Starting Construction, 1 7 Bidding Requirements 1 CONTRACTOR's Responsibility 1 8 Bonds 1 to Report, Preliminary Schediles, 1 9 Change Order 1 Delivery of Certificates of 1 10 Contract Documents I Insurance.. _ „ , 3-4 1 11 Contract Price , , 1 2 8 Preconstruction Conference _ , , 4 1 12 Contract Times .1 2 9 Initially Acceptable Schedules 4 1 13 CONTRACTOR. „ 1 1 14 defective 1 1 CONTRACT DOCUMENTS INTENT, 1 15 Drawings „ ,_ 1 AMENDING, REUSE 4 1 16 Effective Date of the Agreement 1 3 1-3 2 Intent 4 1 17 ENGINEER 1 3 3 Reference to Standards and Speci- 1 18 ENGINEER's Consultant I fications of Technical Societies, 1 19 Field Order , , , , I Reporting and Resolving Dis- t 20 General Requirements 2 crepancies .... 4-5 1 21 Hazardous Waste .2 3 4 Intent of Certain Terms or 1 22.a Laws and Regulations, Laws or Adjectives „ , 5 Regulations 2 3 5 Amending Contract Docunents 5 1.22 b Legal Holidays 2 3 6 Supplementing Contract 1 23 Liens , 2 Documents _ , 5 124 Milestone 2 3 7 Reuse of Documents , _ , 5 125 Notice of Award ...2 1.26 Notice to Proceed 2 4 AVAILABILITY OF LANDS, 1 27 OWNER_ „ 2 SUBSURFACE AND PHYSICAL CONDITIONS, 123 Partial Utilization 2 REFERENCE POINTS , , , ,,. _.. 5 129 PCBs 2 41 Availability of Lands , .. , �-6 1 30 Petroleum 2 42 Subsurface and Physical 131 Project „ 2 Conditions 6 1 32 a Radioactive Material „ 2 42 1 Reports and Drawings 6 132 b Regular Working Hours 2 4 2 2 Limited Reliance by CONTRAC- 1 33 Resident Project Representative _ 2 TOR Authorized; Technical 134 Samples 2 Data „ 6 1 35 Shop Drawings, _ 2 4 2 3 Notice of Differing Subsurface 136 Specifications , _ . 2 or Physical Conditions, 6 1 37 Subcontractor 2 424 ENGINEER's Review 6 1 38 Substantial Completion 2 4 2 5 Possible Contract Documents 139 Supplementary Conditions ... Change .. ..........6 1 40 Supplier, , , . ... 2 4.26 Possible Price and Times 141 Underground Facilities 2-3 Adjustments ,6-7 1 42 Unit Price Work ,_ , 3 43 Physical Conditions --Underground 1.43 Work, , „ ,. ... .... ... 3 Facilities , ,,, , , „ , ,_, , 7 144 Work Change Directive 3 43 1 Shown or Indicated , , , , , _ 7 145 Written Amendment, 1 4 3 2 Not Shown or Indicated 7 44 Reference Points 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00520 AGREEMENT THIS AGREEMENT Ls dated as of the 9th day of April, in the year of 2001 and shall be effective on the date this AGREEMENT is signed by the City 'The City o]'_ Fort Collins (hereinafter called OWNER) and Manhole Specialties. Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as speci-fied or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or orly a part is defined as removal and replacement of existing concrete and landscaping in the following areas the island bounded by Walnut Street, Pine S�reet, and College Avenue, the corner of Walnut and Pine Streets, the sidewalk on the northeast side of Walnut Street The work will include removing existing concrete sidewalk, landscaping, curb, and gravel, establishing new grades to improve surface drainage, installing concrete paver:, on a compacted aggregate/sand base, and replacement of selected curb and gutter with required street repairs, and is generally described in Section 01010 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 authors-y 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 by May 18, 2001, 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 by June 15, 2001, when the Contract Times commence to run 3 2. Liquidated Damages OWNER and CONTRACTORIrecognize 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 spec_Lfied 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 10/97 Section 00520 Page 1 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs, Petroleum, 625 Submittal Proceedures, CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material _ 7-8 toll Shop Drawing or Sample Submittal, 16 5, BONDS AND INSURANCE _ ...... 8 626 „ „ , Shop Drawing & Sample Submit- s 1-5 2 Performance, Payment and Other tals Review by ENGINEER„ , 16-17 Bonds 8 627 Responsibility for Variations 5.3 Licensed Sureties and Insurers, From Contract Documents. , 17 Certificates of Insurance 8 623 Related Work Performed Prior „ 54 _ CONTRACTOR's Liability to ENGINEER's Review and Insurance. 9 Approval of Required 55 OWNER's Liability Insurance 9 Submittals ., , .. , „17 5 6 Property Insurance .. .. 9-10 629 Con Itinning the Work„ J7 57 Boiler and Machinery or Addi- 630 CONTRACTOR's General tional Property Insurance 10 Warranty and Guarantee 17 5.8 Notice of Cancellation Prousion 10 6 31-6 33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 634 Survival of Obligations„_. 18 for Deductible Amounts 10 5 10 Other Special Insurance 10 7 OTHER WORK , _18 5 11 Waiver of Rights , .11 7 1-7 3 Related Work at Site 18 5 12-5 13 Receipt and Application of 74 Coordination „ , 18 Insurance Proceeds ... , .... .10-11 5 14 Acceptance of Bonds and Instr- 8 OWNER'S RESPONSIBILITIES „ , , j8 ance, Option to Replace 11 8 1 Communications to CON- 5 15 Partial Utilization --Property TRACTOR _, „__ „ ... 18 Insurance 11 8 2 Replacement of ENGINEER .18 8 3 Furnish Data andPay Promptly 6 CONTRACTOR'S RESPONSIBILITIES. 11 When Due ... 18 6 1-6 2 Supervision and Superintendence 11 8 4 Lands and Easements; Reports 6 3-6 5 Labor, Materials and Equipment 11-12 and Tests .,, 18-19 6 6 Progress Schedule 12 8 5 Insurance 19 6.7 Substitutes and "Or -Equal" Items, 8 6 Change Orders , , ,. 19 CONTRACTOR's Expense; 8 7 Inspections, Tests and Substitute Construction Approvals „ , 19 Methods or Procedures, 8 8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Termmate CONTRACTOR's 6.8-6 11 Concerning Subcontractors, Services, , , , 19 Suppliers and Others, 8.9 Limitations on OWNER'S Waiver of Rights, , I J3-14 Responsibilities , , ,_„ , ... , 19 6 12 Patent Fees and Royalties 14 8.10 Asbestos, PCBs, Petroleum, 6 13 Permits „ ...... Hazardous Waste or 614 „ , Laws and Regulations .14 14 Radioactive Material.. „ „ 19 6 15 Taxes 14-15 8 11 Evidence ofFinancal 6 16 Use of remises. 15 Arrangements, 19 6 17 Site Cleanliness. 15 6.18 Safe Structural Loading , 15 9 ENGINEER' S STATUS DURING 6 19 Record Documents „ „ „ . ,. , „ , , , 15 CONSTRUCTION , ,,,,, ,,, , ,,, ,, , „_, , ,19 6.20 Safety and Protection , 15-16 91 OWNER's Representative , . , 19 6.21 Safety Representative ,_ 16 9.2 Visits to site. , , , , _ 19 6 22 Hazard Communication Program4 ...16 9 3 Project Representative„ , .... 19-21 6.23 Emergencies , „ _ _ 16 9 4 Clarifications and Interpre- 6.24 Shop Drawings and Samples , 16 tations , _, ., , ,,, 21 9 5 Authorized Variations in Wirk , ,21 m EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number I: 96 Rejecting Defective Work 21 13 8-13 9 Uncovering Work at ENGI- 9.7-9 9 Shop Drawings, Change Orders NEER's Request 27-28 and Payments 21 13 10 OWNER May Stop the Work 28 9 10 Determinaticns for Unit Prices 21-22 13 11 Correction or Removal of 9 11-9 12 Decisions on Disputes, ENGI- Defective Work , , ..... , 28 NEER as Initial Interpreter 22 13 12 Correction Period „ 7.8 913 Limitations on ENGINEER's 13 13 Acceptance of Defective Work 28 I Authority and Responsibilities 22-23 13 14 OWNER May Correct Defective Work 28-29 CHANGES IN THE WORK .., ,. 23 10 1 OWNER's Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 14 1 Schedule of Values 29 Documents, 23 142 Application for Progress 104 Change Orders 23 Payment _ 29 105 Notification of Surety 23 143 CONTRACTOR's Warranty of Title „ , , ,_. , , , 29 CHANGE OF CONTRACT PRICE 23 14 4-14 7 Review of Applications for 11.1-11 3 Contract Price, Claim for Progress Payments 29-30 Adjustment, Value of 14 8-14 9 Substantial Completion 30 the Work. 23-24 14 10 Partial Utilization , 30-31 114 Cost of the Work 24-25 14.11 Final Inspection , _ _ ,_ 31 115 Exclusions to Cost of the Work , 25 1412 Final Application for Payment. ...31 116 CONTRACTOR'S Fee, , 25 14 13-14 14 Final Payment and Acceptance 31 ' 117 Cost Records, .25-26 14 15 Waiver of Claims 31-32 11 8 Cash Allowances ,_, .26 11.9 Unit Price Work ..26 15 SUSPENSION OF WORK AND TERMINATION „ _ 32 CHANGE OF CONTRACT TIMES 26 15 1 OWNER May Suspend Work _32 ' 121 Claim for Adjustment 26 15 2-15 4 OWNER May Terminate , , .32 122 Time of the Essence 26 15 5 CONTRACTOR May Stop 123 Delays Beyond CONTRACTOR'S Work or Terminate 32-33 Control 26-27 124 Delays Beyond OWNER's and 16 DISPUTE RESOLUTION „ „ 33 CONTRACTOR's Control 27 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK „ 27 131 Notice of Defects ,._27 132 Access to the Work_ 27 13 3 Tests and Inspections, CONTRACTOR's Cooperation 27 13 4 OWNER's Responsibilities, Independent Testing Laboratory 27 13 5 CONTRACTOR'S Responsibilities �7 13 6-13 7 Covering Work Prior to Inspec- tion, Testing or Approval, , „ , _27 IV 17 MISCELLANEOUS 33 171 Giving Notice „ „ 33 172 Computation of Times , .... 33 173 Notice of Claim 33 174 Cumulative Remedies 33 175 Professional Fees and Court Costs Included , 33 176 Applicable State Laws , , , 33-34 Intentionally left blank , ,35 EXHIBIT GC -A (Optional) Dispute Resolution Agreement „ , , „ ,GC -Al 161-166 Arbitration „ „QC-A1 16.7 Mediation , ,_ .... „ „ GC -AI EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL City of Fort Collins modifications to the General Conditions of the Construction Article or Paragraph Number Acceptance of -- Bonds and Insurance .,.. 5 14 defective Work _ 104 1, 13 5, 13 13 final payment 912, 14 15 insurance, , 5 14 other Work, by CONTRACTOR 7 3 Substitutes and "Or -Equal" Items 4 7 1 Work by OWNER 25,630,634 Access to the -- Lands, OWNER and CONTRACTOR responsibilities 4 1 site, related Work, .72 Work, 132, 13 14, 14 9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR 69 1,9 133 ENGINEER 6 20, 9 133 OWNER „ ... 620, 89 Addenda --definition of (also see definition of Specifications) , (1 6, 1 10, 6 19), 1 1 Additional Property Insurances 57 Adjustments -- Contract Price or Contract Times .1 5, 3.5, 4 1, 4 3 2, 4 5 2, 453,94,95, 102-104, ,11,12,148,151 progress schedule , „ , 66 Agreement -- definition of, ... 12 "All -Risk" Insurance, policy form 5 6 2 Allowances, Cash , .. . , , . . , , „ , 11 8 Amending Contract Documents „ 3 5 Amendment, Written -- in general 1 10, 1.45, 3 5, 5 10, 5 12, 6 6 2 682,619, 10.1, 10 4, 112 111, 13 122, 1472 Appeal, OWNER or CONTRACTOR intent to , ... . , 9 10, 9.11, 10 4, 16 2, 16 5 Application for Payment -- definition of 13 ENGINEERS Responsibility„ . _„_, _ __ , , 9 9 final payment , 9 13 4, 9 13 5, 14 12-14 15 in general, 2 8, 2 9, 5.6,4, 9 10, 15 5 progress payment _ ,,,,_, „ ,_ ,,, 14 1-14 7 review of, , .... ...... ... .14 4-14 7 Arbitration .. . .............. 16 1-16 6 Asbestos -- claims pursuant thereto 4.5 2, 4 5 3 CONTRACTOR authorized to stop Work, .452 definition of, , „ , „ „ „ _ 1.4 v are not shown in this index Article or Paragraph Number OWNER responsibility for , 4.5 1, 8 10 possible price an times change 4.52 Authorized Variations in Work „ 3 6, 6 25, 6 27, 9 5 Availability ofLands 1, , „ 41, 84 Award, Noticeof--defined ned 125 Before Starting Construction 2 5-2 8 Bid --definition of 1 5 (1 1, 1 10, 2 3, 3.3, 4264,613,1143,1191) Bidding Documents --definition of ,,,, 1.6(6.82) Bidding Requirements --definition of J 1.7(11,4262) Bonds -- acceptance of „ . „ 5 14 additional bonds 105, 11459 Cost of the Work „11 5 4 of 18 delliiivery of ry .2 1, 5 1 final Application for Payment, 14 12-14.14 general , 1 10,5 1-5.3, 5.13, 9 13, 105, 1476 Performance, Payment and Other _ 5 1-5 2 Bonds and Insurance--m general 5 Builder's risk "all II risk" policy form, .562 Cancellation Provisions, Insurance, , 5.4 11, 5 8, 5 15 Cash Allowances' I , 11 8 Certificate of Substantial Completion .1 38, 63023, „ .14.8, 1410 Certificates of Inspection 9 13 4, 13 5, 14 12 Certificates of Insurance ,2 7, 5 3, 5 4.11, 5 4 13, 1 ,,,565,58,5.14,9134,14.12 Change in Contract Price -- Cash Allowances 118 claim for price adjustment. 4 1, 4 2.6, 4 5, 5 15, 6.8 2, 9 4 9 5, 9 11, 10 2, 10.5, 112, 13 9, 13 13, 13.14, 14 7, 15 1, 15 5 CONTRACTOR's fee 116 Cost of the Work , _ general, „ , , „,,,,,,. „ ,,,,, 114-117 Exclusions to, ,L .. . ...... ..... .. 115 Cost Records . 11 7 in general A 19, 1.44, 9 11, 10 4 2, 10.4.3, 11 Lump Sum Pricing 1132 Notification of Surety, , ,_„ ,_ „_ 105 Scope of, „ 10 3-10.4 Testing and Inspection, Uncovering the Work,,,, ,,,,_, „13 9 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF (FORT COLLINS MODIFICATIONS (REV 9199) Unit Price Work 119 Article or Paragraph Number Value of Work 113 Change in Contract Times -- Claim for times adjustment _ 4 1, 4 2 6, 4 5, 5 15, 6,8 2, 9 4, 9 5, 9 11, 10 2, 10 5, 12.1, 13 9, 13 13, 13 14, 14 7, 15.1, 15 5 Contractual time limits _ .122 Delays beyond CONTRACTOR'S control 123 Delays beyond OWNER'S and CONTRACTOR's control 124 Notification of surety „ . 105 Scope of change„ „ 10 3-10 4 Change Orders -- Acceptance of Defective Work _„ 13 13 Amending Contract Document$ 15 Cash Allowances, _ ..... 118 Change of Contract Price 11 Change of Contract Times ,12 Changes in the Work „ , 10 CONTRACTOR's fee 116 Cost of the Work 11 4-11 7 Cost Records 11 7 definition of , 1 9 emergencies 23 ENGINEER's responsibility, 9 8, 10 4, 112, 12 1 execution of 104 Indemmfictioq, 6 12, 6 16, 6 31-6 33 Insurance, Bonds and 5 10,5 13, 105 OWNER may terminate .15 2-15 4 OWNER's Responsibility „ 5.6, 104 Physical Conditions -- Subsurface and, ... .. ............4 2 Underground Facilities-- 4 3 2 Record Documents „ 6 19 Scope of Change 10 3-10 4 Substitutes 6 7 3, 6.8 2 Unit Price Work „ ... .... 11.9 value of Work, covered by _ „ 113 Changes in the Work „ 10 Notification of surety, „ .- .105 OWNER's and CONTRACTOR's responsibilities . _ , .. „ 104 Right to an adjustment ,,,,, , , 102 Scope of change _ .10 3-10 4 Claims -- against CONTRACTOR „ , , „ „ „ „ „_„ , , 6 16 against ENGINEER 6.32 against OWNER 6 32 Change of Contract Price. ..94, 112 Change of Contract Times 94, 12 1 CONTRACTOR's .. 4, 7 1, 9 4, 9 5, 9 11, 10 2, 12, 11 9, 12 1, 13 9, 14 8, ,„151,155,173 vi CONTRACTOR's Fee 116 Article or Paragraph Number CONTRACTOR'S liability 5 4, 6 12, 6 16, 6.31 Cost of the Work 11 4, 11.5 Decisions on Disputes ...9 11, 9 12 Dispute Resolution 16 1 Dispute Resolution Agreement 16 1-16.6 ENGINEER as initial interpretor 911 Lump Sum Pricing 1132 Notice of „ , „ 173 OWNER's „ _ 9 4, 9 5, 9 11, 10 2, 112, 119 12 1 13 9 13 13 13 14 173 . . ... ... , , OWNER's liability. , , 5 5 OWNER may refuse to make payment 147 Professional Fees and Court Costs Included _. , , 175 request for formal decision on 911 Substitute Items 6 7 1 2 Time Extension 12 1 Time requirements .9 11, 12.1 Unit Price Work 1193 Value of , , , 113 Waiver of --on Final Payment 1414, 1415 Work Change Directive „ _. .102 written notice required ,9 11, 11.2, 12 1 Clarifications and Interpretations 3.6 3, 9 4, 9 11 Clean Site 6 17 Codes of Technical Society, Organization or Association ... „ , 5.3 3 Commencement of Contract Times , , , , . ,7 3 Communications— general , .__ ___ 62,692,8 1 Hazard Communication Programs ¢ 22 Completion -- Final Application for Payment 1412 Final Inspection „-, , , , 1411 Final Payment and Acceptance , 14.13-14 14 Partial Utilization, 14.10 Substantial Completion „ _ 138, 14 8-14.9 Waiver of Claims, _„ ._ ..... 1415 Computation of Times _ , .17 2 1-17 2 2 Concerning Subcontractors, Suppliers and Others _ _ _ 6 8-6 11 Conferences -- initially acceptable schedules „ „ , , 2 9 preconstruction 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report , , , 25, 3 3 2 Construction, before starting by CONTRACTOR Construction Machinery, Equipment, etc,,,,,,, , 6 4 Continuing the Work. , „ , , „ , 6 29, 10.4 Contract Documents -- Amending. 3 5 Bonds ..... 1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Cash Allowances 118 Article or Paragraph Number Change of Contract Price „ , , , 11 Change of Contract Times 12 Changes in the Work .... . . . . ... ..„ ..,10 4-10 5 check and verify , , „ 25 Clarifications and Interpretations 2, 3 6, 9.4, 9 11 definition of „ „ , , , 1 10 ENGINEER as initial interpreter of 9 11 ENGINEER as OWNER'S representative 91 general3 Insurance 3 Intent ..... ...... .. .. 3 1-3 4 minor variations in the Work _______ „ , 3 6 OWNER'S responsibility to furnish data 8 3 OWNER's responsibility to make prompt payment 8 3, 14 4, 14 13 precedence, 3 1, 3 3 3 Record Documents 6 19 Reference to Standards and Specifications of Technical Societies „ , „ 3 3 Related Work 7 2 Reporting and Resolving Discrepancies 25, 3 3 Reuse of .. . .... .. ... ... . 3 7 Supplementing . , _ 3 6 Termination ofENGINEER's Employment ___. ,8 2 Unit Price Work. , . , 119 variations., 3 6, 6 23, 6 27 Visits to Site, ENGINEER's ....... „ 9 2 Contract Price -- adjustment of 3 5, 4 1, 9.4, 10 3, 11 2-11 3 Change of., ,11 Decision on Disputes .. _ , ... „ „ . , 9 11 definition of 1 11 Contract Times -- adjustment of, 3 5, 4.1, 9 4, 10.3, 12 Change of . , 12.1-12.4 Commencement of ,,,„ „ , , 2 3 definition of , „ , , , „ _ > 12 CONTRACTOR -- Acceptance of Insurance , , ...... , .... 5 14 Communications . ..... 6 2, 6 9 2 Continue Work, , , 629, 104 coordination and scheduling 6 9 2 definition of , , , , ,,, , ...113 Limited Reliance on Technical Data Authorized „ . , _ , , 422 May Stop Work or Terminate „ , , 1.5.5 provide site access to others, , , 72, 132 Safety and Protection 4 3 12, 6 16, 6 18, ,,,__ , „ „ , _6 21-6 23, 7 2, 13 2 Shop Drawing and Sample Review Prior to Submittal „ „ , ............ . 625 vu Stop Work requirements , C'ONTRACTOR's- Compensation , Continuing Obligation Defective Work, Duty to correct defective Woi Duty to Report- II 452 Article or Paragraph Number Changes in the Work caused by 11 1-11.2 1415 ..96, 13 10-13 14 .1311 Emergency ... .......... ....623 Defects in Work of Others , , , .:7 3 Differing condrtion5 423 Discrepancy in Documents 2.5, 3 3 2, 6 14 2 Underground Facilities not indicated _ .432 Emergencies, , _„ ..... ,,, „ .623 Equipment and Machinery Rental, Cost of the Work 11453 „ , , , Fee --Cost Plus 11.4 5.6, 11 5.1, 116 General Warranty and Guarantee 6 30 Hazard Communication Programs , , . 622 Indemnification 6 12, 6 16, 6.31-6 33 Inspection of the Work „ , 7.3, 134 , ,,,, Labor, Materials and Equipment, „ 6.3-6 5 Laws and Regulations, Compliance by 6.141 Liability Insurance , „ .5 4 Notice of Intent to Appeal , „ 9 10, 104 obligation to perform and complete the Work .. . ............. . 6.30 . Patent Fees and Royalties, paid for by ..... . 612 Performance and Other Bonds , , , „ 5 1 Permits, obtained and paid for by ..... , ¢ 13 , Progress Schedule, _2 6, 2 8, 2 9, 6 6, 6 29, 10A, 15 2 1 Request for formal decisionon disputes 911 Responsibilities— Changes in the Work 101 Concerning Subcontractors, Suppliers and Others) 6.8-6.11 Contmumg the Work , , ........ „ .... „ 629, 104 CONTRACTOR's expense„ , , , 6 7 1 CONTRACTOR'S General Warranty and Guarantee „ , „ , , , , _, 630 CONTRACTOR's review prior to Shop Drawing orl Sample submittal 6.25 Coordination oo dinati n o Work . ... . .... ........ ... 69.2 Emergencies es . ...... .... .......6 23 ENGINEER's evaluation, Substitutes Equal" or "Or al" Items ¢ 7 3 For Acts and Omissions of Others 6.9 1-6.9 2, 9 13 for deductible amounts, insurance .......,, general „ , „ „ .... „ , , ,,, , , 6, 7 .59 2, 7.3, 8 9 Ha ,ardou8jCommunication Programs .... 6.22 Indemnification., 6 31-6.33 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment , , 6 3-6 5 Laws and Regulations 6 14 Liability Insurance, 54 Article or Paragraph Number Notice of variation from Contract Documents , _ 627 Patent Fees and Royalties 6 12 Permits , , .. . , . 6 13 Progress Schedule 66 Record Documents ,. „ 6 19 related Work performed prior to ENGINEER's approval of required submittals , .. .,. „6 28 safe structural loading 6 18 Safety and Protection 6 20, 7 2, 132 Safety Representative „ 621 Scheduling the Work , , 6 92 Shop Drawings and Samples , , 624 Shop Drawings and Samples Review by ENGINEER 626 Site Cleanliness „ 6 17 Submittal Procedures „ 625 Substitute Construction Methods and Procedures „ „ 6 7 2 Substitutes and "Or -Equal" Items 6 7 1 Superintendence_ , . ... 62 Supervision 6 1 Survival of Obligations .634 Taxes 615 Tests and Inspections 13 5 To Report 25 Use of Premises 6 16-6 18, 6 30 2 4 Review Prior to Shop Drawing or Sample Submittal _ „ 625 Right to adjustment for changes in the Work .102 right to claim , _ 4, 7 1, 9 4, 9.5, 9.11, 10 2,11 2, 119, 12 1, 13 9, 14 8, 15 1, 15 5, 17 3 Safety and Protection, _ _ 6 20-6 22, 7 2, 13 2 Safety Representative „ , , 6 21 Shop Drawings and Samples Submittalg _ 6 24-6 28 Special Consultants I 1 4 4 Substitute Construction Methods and Procedureg 6 7 Substitutes and "Or -Equal" Items, Expense , , , „ , 67 1, 6.7 2 Subcontractors, Suppliers and Others __ 6 8-6 11 Supervision and Superintendence 6.1, 6 2, 6.21 Taxes, Payment by „ . . . ... . . ...... 6 15 Use of Premises „ , , .. 6 16-6 18 Warranties and guarantees „ „ 65, 630 Warranty of Title „ 14 3 Written Notice Required -- CONTRACTOR stop Work or terminate,_, 15 5 Reports of Differing Subsurface and Physical Conditions _ _ „ , 4 2 3 Substantial Completion 148 vm CONTRACTORS --other 7 Contractual Liability Insurance, , „ 5410 Contractual Time Limits 122 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ,.6 9 2 Copies of Documents „ „ „ 22 Correction Period .13 12 Correction, Removal or Acceptance of Defective Work-- in general „ 10 4 1, 13.10-13 14 Acceptance ofDefective Work „ 13 13 Correction or Removal of Defective Work ..... 6.30, 13 11 Correction Period , ,13 12 OWNER May Correct Defectrve Work. „ „ 13 14 OWNER May Stop Work 13.10 Cost -- of Tests and Inspections „ 134 Records 11 7 Cost of the Work -- Bonds and insurance, additional, „ j 1 4 5 9 Cash Discounts „ „ „ 11 42 CONTRACTOR's Fee „ 11 6 Employee Expenses. 1145 1 Exclusions to . ... ... , „ 115 General 11 4-11 5 Home office and overhead expenses_, 11 5 Losses and damages , , „ _ 11456 Materials and equipment , , , ... „ , ..11.42 Minor expenses 11.4.5,8 Payroll costs on changes 11 4A performed by Subcontractors , , 11 4.3 Records ll 7 Rentals of construction equipment and machinery , „ , 11453 Royalty payments, permits and license fees , 11.4 5 5 Site office and temporary facilitie* ... 11452 Special Consultants, CONTRACTOR'S , ,,,_, „1144 Supplemental „ , 1 1 4 5 Taxes related to the World 11 4.5 4 Tests and Inspection „ , 13 4 Trade Discounts , _ , , ,_, „ „ . ........... . 114.2 Utilities, fuel and sanitary facilities ....... 11 4.5 7 Work after regular hours .. .. .......... .11.4 1 Covering Work „ , 13 6-13.7 Cumulative Remedies , ... ... 17 4-17.5 Cutting, fitting and patching 7.2 Data, to be furnished by OWNER .. .. ... ...8 3 Day --definition of „ J 7 2 2 Decisions on Disputes „ 9.11, 9 12 defective --definition of ,_, ,_.. L14 defective Work -- Acceptance of . , „ „ 10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of .10 4 1, 13 11 OWNER's Representative 91 Correction Period 13 12 Payments to the CONTRACTOR, in general 13, 14 7, 14 11 Responsibility for 99, 14 Recommendation of Payment 14 4, 14.13 Article or Paragraph Number Article or Paragraph Number Observation by ENGINEER .. 9 2 OWNER May Stop Work „-,-13 10 Responsibilities --Limitations oil , 9A I-9 13 Prompt Notice of Defects 13 i Review of Reports Ion Differing Subsurface Rejecting 9 6 and Physical Conditions ¢ 2 4 Uncovering the Work „ .13 8 Shop Drawings and Samples, review ... Definitions , ., . .... 1 responsibility .,, , 626 Delays 41,629, 12 3-12.4 Status During Construction -- Delivery of Bonds z I authorized variations in the Work 9 5 Delivery of certificates of insurance 2 7 Clarifications and Interpretationp . ,. 9 4 Determinations for Unit Price$ „ 910 Decisions on Disputes „ ,- 9 11-9 12 Differing Subsurface or Physical Conditions-- Determinations on Unit Price 9 10 Notice of. 4 2 3 , ENGINEER as Initial Interpreter 9 11-9 12 ENGINEER's Review 424 ENGINEER's Responsibilities 1-9 12 Possible Contract Documents Change 4 2 5 Limitations on IE:NGINEER's Authority .9 Possible Price and Times Adjustments 426 and Responsibilities 13 Discrepancies -Reporting OWNER's Representative -9 9 1 and Resolving ..2 5, 3 3 2, 6 14 2 Project Representative 9 3 Dispute Resolution-- Rejecting Defective Work „ 9 6 Agreement 16 1-16 6 Shop Drawings, Change Orders Arbitration 16 1-16 5 and Payments _ 9 7-9.9 genera116 Visits to Site 92 Mediation 16 6 „.- Unit Price determinations „ 9.10 Dispute Resolution Agreement 16 1-16 6 Visits to Site 1 9 2 Disputes, Decisions by ENGINEER 9 11-9 12 Written consent required „ 72, 9 1 Documents-- Equipment, Labor, Materials and- 6 3-6 5 Copies of , 22 Equipment rental, Cost of the Work 11 45 3 Record 6 19 Equivalent Materials and Equipment 6 7 Reuse of 3 7 error or omission$ 633 Drawings --definition of 1 15 Evidence of Financial Arrangement$ $.11 Easements --. 4 1 Explorations of physical condition$ 42.1 Effective date of Agreement -- definition of 1 16 Fee, CONTRACTOR'S -Costs Plus . , . 11 6 Emergencies - 623 Field Order -- ENGINEER-- definition of 1 19 as initial interpreter on dispute$ ,-, 9.11-9.12 issued by ENGINEER- 6.1, 9.5 definition of , , . 1 17 Final Application for Pavmenl.,,. ...3 1412 Limitations on authority and responsibilitieg .9 13 Final Inspection ... ._... „14 11 Replacement of, 8 2 Final Payment -- Resident Project Representative ... 9 3 and Acceptance -„ ,-, ., 14 13-14 14 ENGINEEWs Consultant -- definition of .1 18 Prior to, for cash allowances 11 8 ENGINEER's-- General Provisions authority and responsibility, limitations on 9 13 - .... General Requirements-- ,173-17.4 Authorized Variations in the Work - 9 5 definition of 120 Change Orders, responsibility for - 9 7, 10, 11,12 principal references to ... 2 6, 6 4, 6 6-6 7, 6 24 Clarifications and Interpretationg 363,94 Giving Notice , „ 17 1 Decisions on Disputes 9 11-9 12 Guarantee of Workil-by CONTRACTOR. 630, 14 12 defective Work, notice of 13 1 Hazard Communication Programg „ „ , 622 Evaluation of Substitute Items „ , . 6.7 3 Hazardous Waste --I Liability , . , .. .,,, .. ....6 32, 9 12 definition of I 121 Notice Work is Acceptable .14.13 general . . , I - 4 5 Observations, . 2, 9 2 OWNER's res o nsibiIity for.. .8.10 ix EJCQC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6 12, 6 16, 6 31-6 33 Initially Acceptable Schedules , , ,. 29 Inspection -- Certificates of .9 13 4, 13 5, 14 12 Final 1411 Article or Paragraph Number Special, required byENGINEER . 96 Tests and Approval $ 7, 13 3-13 4 Insurance -- Acceptance of, by OWNER 5 14 Additional, required by changes in the Work .11 4 5 9 Before starting the Work 2 7 Bonds and --in general 5 Cancellation Provisions ... 5 8 Certificates of 7.7, 5, 5 3, 5 4 11, 5 4 13, 565,58,514,9134, 1412 completed operations „ 5 4 13 CONTRACTOR's Liability 54 CONTRACTOR's objection to coverage 5 14 Contractual Liability 5 4 10 deductible amounts, CONTRACTOR's responsibility 5 9 Final Application for Payment 14 12 Licensed Insurers 5 3 Notice requirements, material changes „ _ 5 8, 10 5 Option to Replace 5 14 other special insurance$ 5 10 OWNER as fiduciary for insureds 5 12-5 13 OWNER's Liability 5 5 OWNER's Responsibility , , „ 8 5 Partial Utilization, Property Insurance 5 15 Property . .. $ 6-5 10 Receipt and Application of Insurance Proceeds 5 12-5 13 Special Insurance „ 5 10 Waiver of Rights 5 11 Intent of Contract Documents ,3 1-3 4 Interpretations and Clarificationg .,3 63, 94 Investigations of physical condition$, 4 2 Labor, Materials and Equipment ( 3-6 5 Lands -- and Easements , „ , $ 4 Availability of 4.1, 8 4 Reports and Tests 8 4 Laws and Regulations --Laws or Regulations -- Bonds 5 1-5 2 Changes in the Work , 104 Contract Documents _ „ 3 1 CONTRACTOR's Responsibilities 6 14 Correction Period, defective Work „ , 13 12 Cost of the Work, taxes -11 4 5 4 definition of „ . ..... 122 general6 14 Indemnification, ..... . 6 31-6.33 x Insurance $ 3 Precedence. 3.1, 3 3 3 Reference to 3 3 1 Safety and Protection ,,..6 20, 13 2 Subcontractors, Suppliers and Others , 6.8-6 11 Article or Paragraph Number Tests and Inspections , ..„ 13 5 Use of Premises 6 16 Visits to Site „ , 92 Liability Insurance-- CONTRACTOR's O WNER's Licensed Sureties and Insurer Liens— Application for Progress Payment , CONTRACTOR's Warranty of Title. Final Application for Payment definition of Waiver of Claims Limitations on ENGINEER'S authority and responsibilities Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals -- Final Application for Payment , ... ... Manuals (of others) -- Precedence Reference to in Contract Document$ , Materials and equipment -- furnished by CONTRACTOR not incorporated in Work Materials or equipment --equivalent Mediation (Optional) Milestones --definition of Miscellaneous-- 54 ,5 5 5.3 142 143 1412 1 23 .1415 9 13 422 _1412 3331 _331 .63 142 67 167 .124 Computation of Times .172 Cumulative Remedies 174 Giving Notice 171 Notice of Claim 173 Professional Fees and Court Costs Included , _ 175 Multi -prime contracts 7 Not Shown or Indicated „ 4 3 2 Notice of -- Acceptability of Project .1413 Award, definition of ...1 25 Claim .. 17.3 Defects,13 1 Differing Subsurface or Physical Condition$ „ 42.3 Giving 17 1 Tests and Inspection$ , , , 13 3 Variation, Shop Drawing and Sample „ „ , 627 Notice to Proceed -- definition of . , , 126 giving of.. ;.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety J0 5 Observations, by ENGINEER 630,92 Occupancy of the Work 5 15, 6 30 2 4, 14 10 Omissions or acts by CONTRACTOR 69, 9 13 Open Peril policy form, Insurance .562 Option to Replace . . __ , _ 5 14 Article or Paragraph Number "Or Equal" Items 6 7 Other work 7 Overtime Work --prohibition of 63 OWNER -- Acceptance ofdefective Work 13 13 appoint an ENGINEER .82 as fiduciary 5 12-5 13 Availability of Lands, responsibility 41 definition of 127 data, furnish , _ ._ 83 May Correct Defective Work 13 14 May refuse to make payment , 147 May Stop the Work 13 10 May Suspend Work, Terminate $ 8, 13 10, 15 1-15 4 Payment, make prompt 8 3, 14 4, 14 13 performance of other work 7 1 permits and licenses, requirements ( 13 purchased insurance requirement8 5 6-5 10 O WNER's-- Acceptance of the Work. 6,30 2.5 Change Orders, obligation to execut@ 8 6, 104 Communications . 8 1 Coordination of the Work 74 Disputes, request for decision 4 I 1 Inspections, tests and approvals .. $ 7, 13 4 Liability Insurance 5 5 Notice of Defects _ „ , 13 1 Representative --During Construction, ENGINEER's Status 9 t Responsibilities— Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material _ , $ 10 Change Orders 86 Changes in the Work ... 10 1 communications 81 CONTRACTOR's responsibilities 8 9 evidence of financial arrangements 8 11 inspections, tests and approvals_ „ 8 7 insurance 8 5 lands and easements „ 8.4 prompt payment by 8 3 replacement of ENGINEER , _ . $ 2 reports and tests .... ... . ....... 8 4 stop or suspend Work.. _ , ..8 8, 13 10, 15 1 terminate CONTRACTOR's services ,8 8 15 2 separate representative at sits .9,3 testing, independent use or occupancy of the Work written consent or approval required .134 5 15, 6 30 2 4, 14 10 ... .9 1, 6.3, 114 xi EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required 7 1, 9 4, 9 11, 112, 11 9, 14 7, 15 4 PCBs -- definition of _ 129 general ,_4 5 OWNER's responsibility for 8 10 Partial Utilization -- definition of „ 1 28 general 6 30.2 4, 14 10 Property Insurance _ 5 15 Patent Fees and Royalties , , 6 12 Payment Bonds j 1-5 2 Payments, Recommendation of 14 4-14 7, 14 13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments _ 14 2 CONTRACTOR's Warranty of Title 143 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 14 13-14 14 general $ 3, 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Payments 14 4-14 7 prompt payment 83 Schedule of Values .141 Substantial Completion 14 8-14 9 Waiver of Claims „ 14 15 when payments due 144, 14 13 withholding payment 147 Performance Bonds „ 5 1-5 2 Permits 6 13 Petroleum -- definition of, , 130 general „4 5 OWNER's responsibility for .8 10 Physical Conditions— Drawings of, in or relating tq , 42 12 ENGINEER's review 4 2 4 existing structures „ 4 2 2 general 4 2 12 _ Notice of Differing Subsurface or, .423 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 4 2 6 Reports and Drawings „ 42.1 Subsurface and, 42 Subsurface Conditions , , ,,,, 42 11 Technical Data, Limited Reliance by CONTRACTOR Authorized 422 Underground Facilities— general ....... ....... 43 Not Shown or Indicited 4 3 2 Protection of .. 4 3, 6 20 xu Article or Paragraph Number Shown or Indicated 43 1 Technical Data 422 Preconstruction Conference 2.8 Preliminary Matters _ 2 Preliminary Schedules 26 Premises, Use of 6 16-6 18 Price, Change of Contract Price, Contract --definition of 1 11 Progress Payment, Applications for 142 Progress Payment--retainage „ 14 2 Progress schedule, CONTRACTOR's , 2 6, 2 8, 2 9, „ 6 6, 6 29, 10.4, 152 1 Project --definition of 131 Project Representative— ENGINEER's Status During Construction. , 93 Project Representative, Resident --definition of, 1 33 prompt payment by OWNER 83 Property Insurance -- Additional 57 generals 6-5 10 Partial Utilization ,,,5 15, 14 102 receipt and application of proceeds, , , 5 12-5 13 Protection, Safety and 6 20-6 21, 13 2 Punch list 1411 Radioactive Material-- defintion of 132 general4 5 OWNER's responsibility for , , $ 10 Recommendation of Payment .144, 145, 1413 Record Documents 6.19, 1412 Records, procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies „ , 33 Regulations, Laws and (or) 614 Rejecting Defective Work 96 Related Work -- at Site 7 1-7 3 Performed prior to Shop Drawings and Samples submittals review _ 628 Remedies, cumulative 174, 175 Removal or Correction ofDefective Work _ , 13 11 rental agreements, OWNER approval required 1145 3 replacement of ENGINEER, by OWNER, „ , 82 Reporting and Resolving Discrepancies --,2 5, 3.3.2, 6 14 2 Reports -- and Drawings 4 2 1 and Tests, OWNE Cs responsibility„ 8 4 Resident and Project Representative -- definition of „ , 133 provision for „ _, 9 3 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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: Two Hundred Fifty Dollars (5250 00) for each calendar day or fraction thereof that expires after May 118, 2001, for the work at Walnut Street, until the Work is SubstantliaLly Complete, and after June 15, 2001 2) Final Acceptance After Substantial Completion, Two HundrediFLfty ($250 00) for each calendar day or fraction thereof that expires after June 15, 2001, until the Work is ready for Final Payment and Acceptance. ARTICLE 4 CONTFACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($70,461 75), Seventy-two Thousand Four Hundred Sixty-one Dollars and Seventy- five cents, in accordance with Section 00300, attached and incorporated herein by thLs reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Application; for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during (construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5.1.1 Prior to Substantial Completion, progress payments will be in the amount equal tc the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of 10/97 1 Section 00520 Page 2 Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ 62 Responsibilities— CONTRACTOR's-m general „ 6 ENGINEER's-in general „ 9 Limitations on 9 13 OWNER's-m general .8 Retainage 142 Reuse of Documents 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 14 4-14 7 Right to an adjustment 102 Rights of Way 41 Royalties, Patent Fees and 6 12 Safe Structural Loading 6 18 Safety -- and Protection, 432,616, 6 18, 6 20-6 21, 7 2, 13 2 general „ 6 20-6 23 Representative, CONTRACTOR's „ „¢ 21 Samples -- definition of 1 34 general 6 24-6 28 Review by CONTRACTOR 625 Review by ENGINEER 626,627 related Work 628 submittal of 6242 submittal procedures „ 625 Schedule of progress �.6, 2 8-29, 6 6, 6 29, 10 4, 15 2 I Schedule of Shop Drawing and Sample Submittals . 2 6, 2.8-2 9, 6 24-6 28 Schedule of Values _2 6, 2 8-2 9, 14 1 Schedules -- Adherence to 152 1 Adjusting „ 66 Change of Contract Times 104 Initially Acceptable , ... _ .. 2 8, 2 9 Preliminary 26 Scope of Changes „ „ . 10 3-10 4 Subsurface Conditions 4 2 1 1 Shop Drawings -- and Samples, general. „ ... 6 24-6 28 Change Orders & Applications for Payments, and 9 7-9 9 definition of „ , 1.35 ENGINEER's approval of, 3 6 2 ENGINEER's responsibility for review , „ 9 7, 6 24-6 28 related Work „ „ 629 review procedures „ 2 8, 6 24-6 28 xnt Article or Paragraph Number submittal required 1 624 1 Submittal Procedures 625 use to approve substitution* Shown or Indicated „ .673 4.3 1 Site Access 72, 132 Site Cleanliness ¢ 17 Site, Visits to -- by ENGINEER , , „ . 92, 132 by others 13 2 "special causes of loss" policy form, insurance , , 1 „ ... „ „ $ 62 definition of. j 36 Specifications-- defination of ] 36 of Technical Societies, reference t9 , 3 3 1 precedence 3 3 Standards and Specifications of Technical Societies 3 3 Starting Construction, Before 2 5-2 8 Starting the Work 7.4 Stop or Suspend Work -- by CONTRACTOR „ 155 by OWNER 8 8, 13 10, 15 1 Storage of materials and equipment,,,,, „ „ 4.1, 7 2 Structural Loading, Safety 618 Subcontractor -- Concerning, 6 8-6 11 definition of t 37 delays 123 waiver of rights 611 Subcontractors --in general 6 8-6 11 Subcontracts --required provisiong 5 11, 6 11, 11 4.3 Submittals -- Applications for Payment 142 Maintenance and Operation Manuals 14 12 Procedures 1. „ „ 625 Progress Schedules .„ 2 6, 2 9 Samples J , ,-, 6 24-6 28 Schedule of Values 26, 14 1 Schedule of Shop Drawings and Samples Submissions 2.6, 2 8-2 9 Shop Drawings 24-6 28 .6 Substantial Completion -- certification of _ ..... ,.¢ 30 2.3, 14 8-14 9 definition of _, 138 Substitute Construction Methods or Procedure* 6 7 2 Substitutes and "Or Equal" Items.. 6 7 CONTRACTOR's , , Expense _, ¢.7 13 ENGINEER! s Evaluation 673 "Or -Equal" ..... ....... . ,6 7.1 1 Substitute Construction . Methods . EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures 6 7 2 Substitute Items 6 7 1 2 Subsurface and Physical Conditions— Drawings of, in or relatng to , _ .._ 42 1.2 ENGINEER's Review. 424 general .42 Limited Reliance by CONTRACTOR Authorized , , 422 Notice of Differing Subsurface or Physical Conditions 4 2 3 Physical Conditions 4 2 1 2 Possible Contract Documents Change 4 2 5 Possible Price andTimes Adjustments , _ 426 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions at the Site 4 2 1 1 Technical Data 4 2 2 Supervision— CONTRACTOR's responsibility 6 I OWNER shall not supervise 89 ENGINEER shall not supervise 9 2, 9 132 Superintendence 62 Superintendent, CONTRACTOR's resident 62 Supplemental costs 1145 Supplementary Conditions -- definition of 139 principal references to 1 10, 1 18, 2 2, 2 7, 42,43,5 1, 5 3, 5 4, 5 6-5 9, 5 11, 6 8, 6 13, 7 4, 8 11, 9 3, 9 10 Supplementing Contract Document* 6 Supplier— definition of 140 principal references to _ 37, 6 5, 6 8-6 11, 6 20, 6 24, 9 13, 14 12 Waiver of Rights, _ 611 Surety -- consent to final payment _ 14 12, 1414 ENGINEER has no duty to _ ...9 13 Notification of, 10 1, 10 5, 15 2 qualification of . . 9 1-5 3 Survival of Obligations , .. . ,___, . ,. , 6 34 Suspend Work, OWNER May , ., 13 10, 15 1 Suspension of Work and Termination-- 15 CONTRACTOR May Stop Work or Terminate 155 OWNER May Suspend Work 15 1 OWNER May Terminate ____ 15 2-15 4 Taxes --Payment by CONTRACTOR . _... , „ _6 15 Technical Data -- Limited Reliance by CONTRACTOR. 42.2 Possible Price and Times Adjustments „ 42.6 Reports of Differing Subsurface and Physical Conditions , , .._ 423 xry Temporary construction facilities 41 Article or Paragraph Number Termination— by CONTRACTOR , 15 5 by OWNER 8 8,15 1-15 4 of ENGINEER's employment,,, $ 2 Suspension of Work-in general 15 Terms and Adjectives 34 Tests and Inspections -- Access to the Work, by others _, , .... , 132 CONTRACTOR's responsibilities 13 5 cost of 13 4 covering Work prior to 13 6-13 7 Laws and Regulations (or) , ,_ 13 5 Notice of Defects , „ 13 1 OWNER May Stop Work ,. 13 10 OWNER's independent testing 134 special, required by ENGINEER 96 timely notice required 134 Uncovering the Work, at ENGINEER's request „ 13 8-13 9 Times -- Adjusting ... 66 Change of Contract __. 12 Computation of 172 Contract Times --definition of 1 12 day 1722 Milestones 12 Requirements -- appeals 9 10, 16 clarifications, claims and disputes 9 11, 112, 12 Commencement of Contract Timed „ 23 Preconstruction Conference 28 schedules 2 6, 2.9, 6 6 Starting the Work 24 Title, Warranty of .143 Uncovering Work , 13 8-13 9 Underground Facilities, Physical Conditions -- definition of _., ,. , 141 Not Shown or Indicated 432 protection of 43, 620 Shown or Indicated _ , 43.1 Unit Price Work -- claims „ , _ I,1 93 definition of , , 142 general 11 9, 14 1, 145 Unit Prices-- generalll 3 1 Determination for , 910 Use of Premises 6 16, 6 18, 6 30 2 4 Utility owners „ , 6 13, 6.20, 7.1-7 3, 13.2 Utilization, Partial _ _ 1 28, 5 15, 6 30 2 4, 14.10 Value of the Work _ .11 3 Values, Schedule of ,2 6, 2.8-2 9, 14 1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work --Minor Authorized 625,627,95 Article or Paragraph Number Visits to Site --by ENGINEER 92 Waiver of Claims --on Final Payment 14 15 Waiver of Rights by insured partiq , j 11,6 11 Warranty and Guarantee, General --by CONTRACTOR. 630 Warranty of Title, CONTRACTOR's 143 Work -- Access to 132 by others, 7 9 Changes in the 10 Continuing the, 629 CONTRACTOR May Stop Work or Terminate. )5 5 Coordination of . 74 Cost of the, . , 11 4-11 5 definition of 143 neglected by CONTRACTOR 13 14 other Work 7 OWNER May Stop Work 13 10 OWNER May Suspend Work 13 10, 15 1 Related, Work at Site 7 1-7 3 Starting the, _ 24 Stopping by CONTRACTOR 15 5 Stopping by OWNER , „ , ,15 1-15 4 Variation and deviation authorized, minor _ 3 6 Work Change Directive -- claims pursuant to J0 2 definition of 144 principal references to 3 5 3, 10 1-10 2 Written Amendment -- definition of 145 principal references to. . _ 1 10, 3 5,5 10,15.12, 662,682,619, 10.1, 104, 112, 121, 13 122, 1472 Written Clarifications and Interpretations, 3 6.3, 9 4, 9 11 Written Notice Required -- by CONTRACTOR 7 1, 9 10-9 11, .,..,.. .. _ 104,112,121 by OWNER 9.10-9 11, 10 4, 112, 13 14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xw EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General 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 Addenda—Wntten or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1 2 Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 1 5 Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed 16 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) 17 Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form 1 8 Bonds --Performance and Payment bonds and other instruments of security 19 Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1 10 Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Direehvesl Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3 5, 3 6,1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 626 and 627 and the reports and drawings referred to in paragraphs 42 1 and 4 2 2 are not Contract Documents. 1.11 Contract'Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with Ithe Contract Documents as stated in the Agreement '(subject to the provisions of paragraph 11.9 1 in the case of Unit Price Work) 1 12 Contract Times The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final pay mentas evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14 13 1 13 CONTRACTOR- iThe person, firm or corporation with whom OWNER has entered into the Agreement 1 14 defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that pit does not conform to the Contract l Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 14110) 1 15 Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date isl indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 1 17 ENGINEER —The I person, firm or corporation named as such in the Agreement. 118 ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such is the Supplementary Conditions 119 Field Orc ENGINEER which accordance with par a change in the Con written order issued by inner changes in the Work in 15 but which does not involve :e or the Contract Times 120 General Requirements --Sections of Division 1 of the Specifications 121 Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1 22.a Laws and Regulations, Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 122 b. Legal Holidays —shall be those holidays observed by the City of Fort Collins 123 Liens --Liens, charges, security interests or encumbrances upon real property or personal property 124. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 125 Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement 126 Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) 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 127 OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128 Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs--Polychlormated biphenyls 130 Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 131 Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32 a Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq ) as amended from time to time 132 b Regular Working Hours —Regular working hours are defined as 7 OOam to 6 OOpm unless otherwise specified in the General Requirements 133 Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 134 Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 135 Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 136 Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 137 Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138 Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so 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 complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14 13 The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions 140 Suppher--A manufacturer, fabricator, supplier, distributor, matenalman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or Is electricity, gases, steam, liquid petroleum if a Notice to Proceed is given, on the day indicated in the s, telephone or other communications, cable Notice to Proceed A Notice to Proceed may be given at in, sewage and drainage removal, traffic or other any time within thirty days after the Effective Date of the systems or water Agreement F !the Centraet '- ! Unit Price Work —Work to be paid for on the basis nit prices S Work —The entire completed construction or the ous separately identifiable parts thereof required to be ushed under the Contract Documents Work includes is the result of performing or furnishing labor and ushing and incorporating materials and equipment into construction, and performing or furnishing services and ushing documents, all as required by the Contract 144 Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision m the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4 2 or 4 3 or to emergencies under paragraph 6 23 A Work Change Directive will not change the Contract Price or the Contract Tubes, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10 2 1 4' . Written Amendment —A written amendment of the Cc tract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the A r eement and normally dealing with the nonengmeering or�nomechnical rather than strictly construction -related aspects of the Contract Documents ARTICLE 2--PRELIMINARY MATTERS Delivery of Bonds: 211 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be tequired to furnish in accordance with paragraph 5 1 Copies of Documents: 2 2 1 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably nec�ssary for the execution of the Work Additional copies will) be famished, upon request, at the cost of reproduction. Corhmencement of Contract times; Notice to Proceed. 2 3 I The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, GENERAL CONDITIONS 1910-8 (1990 Edition) (OF FORT COLLINS MODIFICATIONS (REV 412000) Starting the Work: 24 CONTRACTOR (shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construct(ion: l 25 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check land verify pertinent figures shown thereon) and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written mterpretatiori or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTORS shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days fter the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review 2 6 1 a prelimmaryi progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2 6 2 a preliminary schedule I f Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.6 3 A preliminaryl schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction (Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27 Before any Work at the site is started, CONTRACTOR and 03ANEn shall each deliver to the ether OWNER with copies to additienal Insured identified .. i: ^ Suppleme ,tart' GRA'dition ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR and OWNER Fespeetively a-e is required to purchase and maintain in accordance with paragraphs 5 ^, 5 6 and 5-7 Preconstruction Conference• 2 8 Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2 6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records Initially Acceptable Schedules: 29 Unless otherwise provided in the Contract Documents, at least ten ,Jays bef .e ,...i... issien eF the fiFs before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2 6 and Division 1 - General Requirements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below The 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 sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary; what is called for by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the 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 produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies• 3 3 1 Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, 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 Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6 23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3 6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such 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 supplement 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 conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 3 3 3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation) own risk. provision of any such standard, specification, manual, or instruction shall be effective to change the duties responsibilities of OWNER, CONTRACTOR or 31NEER, or any of their subcontractors, consultants, its or employees from those set forth in the Contract uments, nor shall it be effective to assign to OWNER, 3INEER or any ofENG1NEER's Consultants, agents or iloyees any duty or authority to supervise or direct the ashmg or performance of the Work or any duty or iority to undertake responsibility inconsistent with the /isions of paragraph 9.13 or any other provision of the tract Documents 34 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" orj"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design coGicept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is specific statement indicating otherwise) The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the Contract Documents. and Supplementing Contract Documents: 351 The Contract Documents may be amended to prgvide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 5 1 a formal Written Amendment, 52. a Change Order (pursuant to paragraph 10 4), GENERAL CONDITIONS 19I0-8 (1990 Edition) (OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3 5 3 a Work paragraph 10 1). 36 In addition, they requir Documents may be supplementf and deviations in the Work may more of the following ways 3 6 1 A Field Orde 3 6 2 ENGINEER Sample (pursuant to p 3 6 3 ENGINEER clarification (pursuant Reuse of Documents 3 7 CONTRACTOR,, and r Supplier or other person or orgy furnishing any of the Work und, contract with OWNER (i) shall m title to or ownership rights in ; Specifications or other 'documen thereof) prepared by or bearing the ENGINEER's Consultant,1 and (it) such Drawings, Specifications, oth on extensions of the'Project or an written consent of OWNER and Ei written verification or adaptation b) ARTICLE 4--AVAILABILITY SUBSURFACE AND PHYSIC REFERENCE POINTS Availability of Lands 41 OWNER shall furnish, as Documents, the lands upon wh performed, rights-of-wayl and thereto, and such other lands whi use of CONTRACTOR l4;en re OWNER shall identify any encut not of general application but spec lands so furnished with which CO to comply in peribrmmg the permanent structures or permane facilities will be obtained and paid otherwise provided in the Con CONTRACTOR and OWNER r entitlement to or the amount or ex in the Contract Price or the Contr; any delay in OWNER's furmshinj way or easements, CONTRACT( therefor as provided I in (pursuant to ,nts of the Contract and minor variations authorized, in one or to paragraph 9 5), of a Shop Drawing or 26 and 6 27), or interpretation or 9 4) y Subcontractor or zation performing or a direct or indirect have or acquire any ry of the Drawings, (or copies of any :al of ENGINEER or hall not reuse any of documents or copies other project without 3INEER and specific LANDS; L CONDITIONS; cated in the Contract the Work is to be ements for access re designated for the brances or restrictions ically related to use of TRACTOR will have ork. Easements for t changes in existing JIr by OWNER, unless 'act Documents If e unable to agree on :nt of any adjustments 3 Times as a result of these lands, nghts-of- I may make a claim Articles 11 and 12. 5 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 4.2. Subsurface and Physical Conditions- 4 2 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 4 2 1 1 Subsurface Conditions Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, and 4 2 12. Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 4 2 2. Limited Reliance by CONTRACTOR Authorized, Technical Data CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents Such "technical data" is identified in the Supplementary Conditions Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER'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 aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4222 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4223 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4 2 3 Nonce of Differing Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either, 42.3 1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially inaccurate, or 4232 is of such a nature as to require a change in the Contract Documents, or 423.3 differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4.234 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6 23), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 4 2 4. ENGINEER's Review ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions 425 Possible Contract Documents Change 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 Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 426 Possible Price and Times Adjustments An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work, subject, however, to the following 426 1 such condition must meet any one or more of the categories described in paragraphs 4 2 3 1 through 4 2 3 4, inclusive, 4262. a change in the Contract Documents pursuant to paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment, 4263 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 10 and 119, and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4264.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the 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 CONTRACTORI to 95% of the Contract Price, less such amounts as ENGINEER shall determine lox 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 tolthe site or otherwise may affect the cost, progress, performance or furnishinglof the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, incLuding specifically the provisions of paragraph 4.2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by 10/97 Section 00520 Page 3 w/ submission of a bid or becoming bound under a negotiated contract, or 42642 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, 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 prior to CONTRACTOR's making such final commitment, or 42643 CONTRACTOR faded to give the written notice within the time and as required by paragraph 4 2 3 OWNER and CONTRACTOR are unable to agree on rtlement to or as to the amount or length of any such .irtable adjustment in the Contract Price or Contract nes, a claim may be made therefor as provided in titles 11 and 12 However, OWNER, ENGINEER and IGINEER's Consultants shall not be liable to )NTRACTOR for any claims, costs, losses or damages ,tamed by CONTRACTOR on or in connection with any ter project or anticipated project Physical Conditions —Underground Facilities: 43 1 Shown or Indicated The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions 43 1 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 43 12 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data, (it) locating all Underground Facilities shown or indicated in the Contract Documents,(ui) 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 the Work 4 3 2 Not Shown or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 23), identify the owner of such Underground Facility and GENERAL CONDITIONS 1910-8 (1990 Edition) ' OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6 20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably, have' been expected to be aware of or to have anticipated IfOWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such Iadlustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as providedlin Articles 11 and 12 However, OWNER, ENGINEER I and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, Ilosses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Points: 44 OWNER shall 'provide establish reference points for ENGINEER's judgment are CONTRACTOR to I proceed CONTRACTOR shall be respon Work, shall protect Wand preserve t points and shall make no change the prior written approval of OW shall report to ENGINEER wheni is lost or destroyed or Irequires necessary changes in grades or responsible for the accurate repla such reference points by p. personnel 4.5. Asbestos, PCBs, Pet, Radioactive Material. 451 OWNER shall Asbestos, PCBs, Pe Radioactive Material which was not shov Specifications or Documents to be wi which may present a property exposed thei at the site OWNER such materials I CONTRACTOR, anyone else for responsible. 16I1 ngmeermg surveys to onstruction which in iecessary to enable with the Work. .ble for laying out the ie established reference or relocations without ER CONTRACTOR ver any reference point relocation because of )cations, and shall be ement or relocation of ifessionally qualified Hazardous Waste or be iresponsible for any im, IHazardous Waste or vered or revealed at the site indicated in Drawings or ifted in the Contract ie scope of the Work and in cot I not whom I danger to persons or iection with the Work ie responsible for any to the site by tors, Suppliers or CONTRACTOR is a - •... _ ._,.._ .. : : . . . . . . .. . _ .. . a E1CDC GENERAL. CONDITIONS 1910-8 (1990 Edmon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5 1 CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, US Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act 52 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 53. Licensed Sureties and Insurers; Certificates of Insurance: 5 3 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5 3 2 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, 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 paragraph 5.4. OWNER shall . ' CO I i i I i i i i TRACTOR's Liability Insurance: 5 4 10. include contractual liability insurance covering CONTRACTOR's indemnity obligations 5 4 CONTRACTOR shall purchase and maintain such under paragraphs 6 12, 6 16 and '6 31 through 6 33, liab lity and other insurance as is appropriate for the Work bei g performed and furnished and as will provide 5 4 11 contain a provision or endorsement that the pro ction from claims set forth below which may arise out coverage afforded will not be 'cancelled, materially of r result from CONTRACTOR's performance and changed or renewal refused until at least thirty days' fur ishuig of the Work and CONTRACTOR's other prior written notice has been given to OWNER and obi tons under the Contract Documents, whether it is to CONTRACTOR and to each other additional insured be performed or furnished by CONTRACTOR, any identified in the Supplementary; Conditions to whom Su contractor or Supplier, or by anyone directly or a certificate of insurance has been Issued (and the in d rectly employed by any of them to perform or furnish certificates of insurance furnished by the any of the Work, or by anyone for whose acts any of them CONTRACTOR pursuant to paragraph 5 3 2 will so ma be liable provide), 5 4 1 claims under workers' compensation, disability 5 4 12 .-...am in effect at least until final payment benefits and other similar employee benefit acts, and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work 5 4 2 claims for damages because of bodily injury, in accordance with paragraph 13.12, and occupational sickness or disease, or death of CONTRACTOR's employees, 5 4 13 with respect to completed operations insurance, and any insurance coverage written on a 5 4 3 claims for damages because of bodily injury, claims -made basis, remain in effect for at least two sickness or disease, or death of any person other than years after final payment (and CONTRACTOR shall CONTRACTOR's employees, furnish OWNER andl each other additional insured identified in the Supplementary; Conditions to whom 5 A A I^'.re f_ damages insured by ..stem..... --r-r—�n..�as a certificate of insurance has been issued evidence 'ability ^"" age whteh-aFL-sustained satisfactory to OWNER and Iany such additional (I) by any person as ^ result of an o ff wse .,Feed, ,._ insured of continuation of such insurance at final • .! _eetly elated to the empleyme..t ,.F naani...e_..,.., i.., ��o�--n, payment and one year ithereaften) r�nwcvNT�GTOP ,._ (it) by an, other �my perso.^raves atvthef reaso^s� OWNER's Liability Insurance: 5 4 5 claims for damages, other than to the Work 5 5 In addition to insurance required to be provided itself, because of injury to or destruction of tangible by CONTRACTOR under paragraph 5 4, OWNER, at property wherever located, including loss of use OWNER's option, mayl purchase and maintain at resulting therefrom, and OWNER's expense OWNER's own "ability insurance as will protect OWNER against claims which may arise from 5 4 6 claims for damages because of bodily injury or operations under the Contract Documents death of any person or property damage arising out of i the ownership, maintenance or use of any motor Property Insurance: vehicle Th policies of insurance so required by this paragraph 5.4 Eenditiens OWNER shall—„ Phasa - m.-aintain tc e purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs 5 4.3 through 5 4.6 inclusive and 5 4 9, include a, additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds, 5 4 8 include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5 4 9 include completed operations insurance, GENERAL CONDITIONS 19I0-8 (1990 Edition) 'OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1tt.o., earth{ ake, eeHapse,debris—rem eeeasiened by en fefee.«e«4 ^'o.�l, dim of T .. and RegiAntiens damage as may I. eh other watef and perils c G 1 inelude eXpenses rred the FOpaff OF replacement of -any insured prepeF�i " I'map.d i;A fees and ehaFger of engineers and archtteeits} • .L __ - 06 1 • I. 1 59 OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others to 59 OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others to PIN W, •.Y a. Rom EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) ■_ •�•T•P. IfI�Y'.7.' •cif_ �jj�j�jjj�jj,{�11ii... " ��� :. I. ��_. �MiF�+il�4�li +.. ..... l�iMiiF _ONION ------------------- of CONTD A (`TIID'Subeentfaeters� reee, ENE ei-y against an), D�EER, 1z ER's Consultants the 4ffedtefs, ar,'iaeffieers and ag-nts-e,a nre€-theni ipt and Application of Insurance Proceeds: Reci 5 12 Any insured loss under the policies of insurance requ red by paragraphs 5 6 and 5 7 will be adjusted with O ER and made payable to OWNER as fiduciary for the insu eds, as their interests may appear subject to the requ rements of any applicable mortgage clause and of para ac act aph 5 13 OWNER shall deposit in a separate unt any money so received, and shall distribute it in rdance with such agreement as the parties ininterest may reach. If no other special agreement is reached the dam ged Work shall be repaired or replaced, the moneys so rote ved applied on account thereof and the Work and the cost thereof covrred by an appropriate Change Order or Wri en Amendment 5 1 OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the part es in interest shall object in writing within fifteen days afte the occurrence of loss to OWNER'S exercise of this po shal r If such objection be made, OWNER as fiduciary make settlement with the insurers in accordance with suc suc O agreement as the parties in interest may reach. If no agreement among the parties in interest is reached, R as fiduciary shall adjust and settle the loss with the insurers and, if requifed • Eiting by any pa#iny OWNER 5 fidu.iaty bond Acc as shall give rir the tee oef Such dntles ptance of Bonds and Insurance; Option to Replace: 5 1 ti n\LLD. OF ! iTD 1 n T D\ If h' R i O ER has any objection to the coverage afforded by or r provisions of the Bends er insurance required to be oth pur hased and maintained by the other paft� CO TRACTOR in accordance with Article 5 on the basis on -conformance with the Contract Documents, the of -hall n net.a the other paf.t., OWNER will notifv CONTRACTOR in writing within ten fifteen days receipt delivery of the certificates (epee afte to OWNER as required by paragraph 2.7 as the may reasonably request if prended ether ft ...home a ints-in all of the Jn —Ren and e failure to _.e_ to the tat4 purchase ofN -11 4ailufp to maintAin ,_r p„o�-arm-o<,�a .the.. ,,, eleet to e. aFty obtain equivalent ., e to etee4 n eh ethe intefests aFty's at .,.ty wiie .-ed4e-preyide-such Qwflge Order be e el --nd shall i5sned4a-adyast4he fly Pa sal Utilization —Property Insurance: 5 1 If OWNER finds it necessary to occupy or use a po ion or portions of the Work prior to Substantial EJC C GENERAL CONDITIONS 1910-5 (1990 Edition) w/ C ITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Worl be accomplished in accot provided that no such use before the insurers providu acknowledged notice therei changes in coverage neces providing the property endorsement on the policy insurance shall not be cant account of any such partial ARTICLE 6—CONTI RESPONSIBILITIES sucn use or occupancy may lance with paragraph 14 10, r occupancy shall commence ;the property insurance have f and in writing effected any stated thereby The insurers isurancel shall consent by or policies, but the property lled or permitted to lapse on se oroccuDancv. 'S Supervision and Superintendence: 61 CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall 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, method, tectnique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 6 2 CONTRACTOR shall keep) on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and l ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 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 required for the safety or protection of persons or the Work or property at the I 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 consent given after prior written notice to ENGINEER 11 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work 6 4 1 Purchasing Restrictions CONTRACTOR must comply with the City's purchasing restrictions A cry of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office 642 Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents Progress Schedule: 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 asit may be adjusted from time to time as provided below 6 6 1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2 9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6 6 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6 7 1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EICDC GENERAL CONDITIONS 1910-8 (1990 Edmon) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances- 6 7 1 1 "Or -Equal" If in ENGINEER's sole discretion an Item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6 7 12 Substitute Items If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7 1 1, it will be considered a proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6 7 13 CONTRACTOR's Expense All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense 72 Substitute Construction Methods or rocedures If a specific means, method, technique, :quence or procedure of construction is shown or idicated in and expressly required by the Contract iocuments, CONTRACTOR may furnish or utilize a abstitute means, method, technique, sequence or rocedure of construction acceptable to ENGINEER 'ONTRACTOR shall submit sufficient information to How ENGINEER, in ENGINEER's sole discretion, to etermme that the substitute proposed is equivalent to iat expressly called for by the Contract Documents 'he procedure for review by ENGINEER will be imilar to that provided in subparagraph 6 7 12 6 7 3 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6 7 1 2 and 6 7 2 ENGINEER will be the sole judge of acceptability No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's pnor written acceptance which will be evidenced by either a Change Order or an approved Shop Drawmg OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6 7 12 and 6 7 2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEF;R's Consultants for evaluating each such proposed substitute item Concerning Subcontractors, Suppliers and 6 8 1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection Price I 6 8 2 rvr the Su Blddm2 Documents require the identity of certain Subcontractors, Suppliers orl other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in a 411.ee ef the spee;i ed date prior to the Effective Datelof the Agreement for acceptance by OWNER and ENGINEER- and--;i OWNER's or ENGINEER's acceptance (either in writing or by fading to make written objection thereto by the date indicated for acceptance or objection in the bidding documents, or the Contract Documents) of nwUINPvtc tool acceptance by UWIVEK or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as ;CONTRACTOR is responsible for CONTRACTOR's own acts and omissions Nothing in the Contract Documents shall create for the benefit of anyl such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, rior shall it create any obligation on the part Iof OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, (Supplier l or other person or organization except as may otherwise be required by Laws and Regulations) OWNER or ENGINEER may EI DC GENERAL. CONDITIONS 1910-8 (1990 Edition) 13 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 610 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade 611 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER is 1, a Subeentractef ef Supplier . he is listed .,n rnwrrn GTnn d the c t,eo fl«..,,.«,.. ,.. a...,.,i.,....,.0 walii i,«,. ..�. nJAL.TER r�n�rconnTno 6rnrn[RENR c,\irrnicno'c GF)n....i«ants and all e«i. �ddttmna 4r-suredq F nil losses and damages a ..eft the Werk if the-ffrjufeFs-on-eny--,ueh-Pe4ete&-reguife Patent Fees and Royalties: 612 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, 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 resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6 13 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws and Regulations: 6.141 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations 6 14 2 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3 3 2 Taxes: 6 15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6 15 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price the protect Address Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption All applicable Sales and Use Takes (including State collected taxes,, on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items Use of Premises: 616 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Woik, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6 17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 6 18 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6 19 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, =ield Orders and written interpretations and clarifications (issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 620 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury of loss to 6 20 1 all persons on the Work site or who may be affected by the Work, 6 20 2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, and 6 20 3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities 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 persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Woik may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property All damage, injury or loss to any property referred to in paragraphs 6 20 2 or 6 20 3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 nonce to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs• 6 22 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or 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 Emergencies: 623 In emergencies affecting the safety or protection of persons or the Work 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 damage, injury or loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from 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 response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples* 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 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26. 6 24 2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6 26 The numbers of each Sample to be submitted will be as specified in the Specifications 6.25. Subnuttal Procedures: 6 25 1 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified 625 1 1 all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 625 12 all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 625 13 all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6 25 3 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2 9 ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of 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 in herein by this reference. 7 2 Forms for use by CONTRACTOR in performing the Work and related actiors in carrying out the terms of thLS Agreement are deemed Contract Documents and incorporated herein by this reference, land include, but are not limited to, the following '7.2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7.2.4 Consent of Surety 7 2.5 Application for Exemption Certificate 7.2 6 Application for Payment 7 3 Drawings, with the following general title' College Avenue Sidewalk Improvements - NE Walnut The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated 7.4. Addenda Numbers NA to NA, inclusive 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions 7 6 There are no Contract Documents othelr than those listed or incorporated by reference in this Article 7. The Contract Documents may only 10/97 Section 00520 Page 4 construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the Item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627 ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER 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 submissions accepted by ENGINEER as required by paragraph 2 9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 629 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agree in writing 6.30. CONTRACTOR's General Warranty and Guarantee: 6 30 1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's 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 of damage caused by 630.1 1 abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 630 12 normal wear and tear under normal usage 6 30 2 CONTRACTOR's obligation to perform and complete the Woik in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 6 30 2 1 observations by ENGINEER; 63022 recommendation of any progress or final payment by ENGINEER, 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents, 63024 use or occupancy of the Work or any part thereof by OWNER, 63025 any acceptance by OWNER or any failure to do so, 6 30 2.6 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 63027 any inspection, test or approval by others, or 63028 any correction of defective Work by OWNER Indemnification. 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall Indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses 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 dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage* (I) is attributable to bodily injury, sickness, disease or death, or to injury to of destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (it) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 632 In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6 31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 6 31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them Survival of Obligations: 634. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7—OTHER WORK 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 other work performed by utility owners If the fact that such other work is to be performed was not noted in the Contract Documents, then (i) wntten notice thereof will be given to CONTRACTOR prior to starting any such other work and (it) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor 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 opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly 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 CONTRACTOR's Work CONTRACTOR's failure so to report well constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work Coordination 74 If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions. 7 4 1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 742 the specific matters to be covered by such authority and responsibility will be itemized, and 743 the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1 Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER 92 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14 13 84 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 1 and 44 Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions to existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and maintaining 1 z !y and property insurariee are et 96 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4. 8 8 In connection with OWNER's right to stop Work or suspend Work, see! paragraphs 13 10 and 15 1 Paragraph 152 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER Is Representative: 91 ENGINEER will be OWNER's representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to Site: 92. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLL114S MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained duung such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9 13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work Project Representative: 93 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9 3 and 9 13 Condition of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplen:en*�f-Gendi4e para,=ph 9 3 93 1 The Representative's dealings in matters pertammRto the on site work will, in general be with the ENGINEER and CONTRACTOR But, the Representative will keep the OWNER properly advised about such 'matters The Representative's deahngs with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9 3 2 Duties and Responsibilities Representative will 9 3 2 1 Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences progress meetings and other lob conferences and prepare and circulate copies of minutes of meetings 9 3 2 3 Liaison 9 3 2 3 1 Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents 9 3 2 3 2 Assist in obtaining from OWNER additional details or information, when required, for proper execution of the Work 9 3 2 3 3 Advise the ENGINEER _ and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 9 3 2 4 Review of Work, Rejection of Defective Work Inspections and Tests - 93241 Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding m accordance with the Contract Documents. 93243 Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9 3 2 5. Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9 3 2 6 Modifications Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9 3 2 7 Records 9 3 2 7 3 Record names. addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of equipment and materials 9 3 2 8 Reports 9 3 2 8 1 Furnish ENGINEER periodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals 9 3 2 8 2 Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work 9328.3 Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 93284 Report immediately to ENGINEER and OWNER the occurrence of anv accident 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established _procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work. 9 3 2 10 Completion 93210 1 Before ENGINEER issues a Certificate of Substantial Completion, submd to CONTRACTOR a list of observed items requiring correction or completion 9.3 2 10 2 Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9 3 2 10 3 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance 9 3 3 Limitation of Authority The Representative shall not 9.33 1 Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER 9 3 3 2 Exceed limitations of ENGINEER'S authority as setforth in the Contract Documents 9 3 3 3 Undertake any of the responsibilities of the CONTRACTOR, Subcontractors, or CONTRACTOR'S superintendent 9 3 3 4 Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures For construction unless such is specifically called for in the Contract Documents 9 3 3 5 Advise on or issue directions regarding or assume control over safely precautions and programs in connections with the Work 9 3 3 6 Accept Shop Drawm Zs or sample submittals from anyone other than the CONTRACTOR 9 3 3 7 Authorize OWNER to occupy the Work in whole or in part. 9 3 3 8 Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clanfications and Interpretations: 94 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLL114S MODIFICATIONS (REV 412000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER 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 extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 of Article 12 Authorized Variations m Work: 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do riot involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 of 12 Rejecting Defective Work: 9.6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 9, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Payments: 97 In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12 9.9 In connection with ENGINEER's authority as to Applications for Payment, see Article 14 Determinations for Unit Prices: 910 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (I) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (u) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9 11 Decisions on Disputes, 911 ENGINEER will be the initial Interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing 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 SICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as Interpreter and judge under paragraphs 9 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 ENGINEER pursuant to paragraphs 9 10 or 9 11 with respect to any such claim, 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 be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pii "^ ^� 9.13. Lintuations on ENGINEER's Authority and Responsibilities: 9 13 1 Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them 9 13 2 ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work 9.13 4 ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13 5 The limitations upon authority and responsibility set forth in this paragraph 9 13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants ARTICLE 10--CHANGES IN THE WORK 10 1 -Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 10 2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6, except in the case of an emergency as provided in paragraph 6 23 or in the case of uncovering Work as provided in paragraph 13 9. 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 10.41 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10 1, (u) required because of acceptance of defective Work under paragraph 13 13 or correcting defective Work under paragraph 13 14, or (m) agreed to by the parties, 1042 changes in the Contract Price or Contract Times which are agreed to by the parties, and 10.43. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29 105. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINSMODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE It I The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later 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 data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannoi otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph I 1 2 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows. 11.3 1 where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 119 1 through 119 3, inclusive), 11.3 2 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6 2), 113.3 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113 2, on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11 5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11 6) Cost of the Work: 114 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5 1141 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of lob classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall ^" i'' •.no —butiiet be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and FL44emen benefits, benuses, leave,sicAE and heli *• pa applicable thereto .. .. w. � .--� PP The expenses ~of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER 114 2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 114.3 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER, EICDC GENERAL CONDITIONS 1910-8 (1990 Edshon) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 114, 115, 116 and 117 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 1144 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work 1145 Supplemental costs including the following. 11451 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11452 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.453. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work 11454 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5 9), provided they have resulted from causes other than the negligence of CONTRACTOR, ' any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR' fee If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 116 2 11,457. The cost of utilities, fuel and sanitary facilities at the site. 11458 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work 11 4.5 9 Cost of premiums for additional Bonds and insurance required because of changes in the Work 115 The term Cost of the Work shall not include any of the following 115.1 Payroll costs and other compensation of CONTRACTOR' officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of lob classifications referred to in paragraph 114.1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee 115 2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR's office at the site 115.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments 115 4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4 5 9 above) EICDC GENERAL CONDITIONS 1910-8 (1990 Edison) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 115 5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of material3 or equipment wrongly supplied and making good air/ damage to property 1156 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4 116 The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee, or 116.2 if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work• 11 6 2 1 foi costs incurred under paragraphs it 4.1 and - 11.4 2, the CONTRACTCR's fee shall be fifteen percent, 11622 foi costs incurred under paragraph 114 3, the CONTRACTOR's fee shall be five percent, 11623. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 114 1, 11.4.2, 114 3 and 116 2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 114 1 and 11.4 2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-44we pereent of the ameunt paid to the next lower pier cam- , to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor 11624 no fee shall be payable on the basis of costs itemlzi:d under paragraphs 11.4 4, 114 5 and 115, 1162.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11626. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 11.6.2 5, inclusive. 11.7 Whenever the cost of any Work is to be 25 determmed pursuant to paragraphs 114 and 11 5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash Allowances: 11 8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that, 11.8.1 the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 11.8 2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 11.9. Unit Price Work* 119 1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, 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 Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 10 H 9 2 Each 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 1193 OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 1193 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11932 there is no corresponding adjustment with respect to any other item of Work, and 11933. 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 parties are unable to agree as to the amount of any such increase or decrease 11934. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price ARTICLE 12--CHANGE OF CONTRACT TIMES 121 The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph911 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1 122 All time limits stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1 Delays beyond the control of CONTRACTOR 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, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and be amended, modified or supplemented as provided in paragraphs 3 5 and 3.6 of the General Conditions j ARTICLE: 8 MISCELLANEOUS 8 1. Terms used in this Agreement which are defined in Article I of the Genera]. Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any right: 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 y hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 10/97 i Section 00520 Page 5 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy For such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (I) delays caused by or within the control of the CONTRACTOR, or (n) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors peribrming other work as contemplated by Article 7 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofDefecis: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13 Access to Work: 13 2 OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reaseriable time for their observation, inspecting and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable Tests and Inspections: 13 3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 1341 for inspections, tests or approvals covered by paragraph 13 5 below, 1342 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 9 EICDC GENERAL CONDITIONS 1910-3 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13 9, and 13 4 3 as otherwise specifically provided in the Contract Documents 135 If Laws or Reguiations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work 136 If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncovering Work: 13 8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense 139 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article I If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWNER May Stop the Work., 13 10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Removal of Defective Work. 13 11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective CONTRACTOR 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) 13.12. Correction Period. 13 12 1 If within ene year two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions (I) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13 12 2. In special circumstances where a 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 run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12 3 Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13 12, the correction period hereunder with respect to such Work will be extended for an additional period of ene year two years after such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work: 13 13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled 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 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Correct Defective Work: 13 14 If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I I Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work CONTRACTOR 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 OWNER of OWNER'S rights and remedies hereunder ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1 The schedule of values established as provided in paragraph 2 9 will serve: as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progress Payment: 14.2 At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for, Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et sea CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applieationsfor Progress Payment. 144 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when clue will be paid by OWNER to CONTRACTOR 145 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 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 functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 10, and to any other qualifications stated in the recommendation), and 14 5 3 the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that (I) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Wort: beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEER's recommendation of any payment, including final payment, stiall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 147 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because 1471 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14 7 2. the Contract Price has been reduced by Written Amendment or Change Order, 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14, or 14 7 4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2.1 through 15 2.4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGINEER because 14 7 5. claims have been made against OWNER on account of CONTRACTOR's performance or famishing of the Work, 14 7 6 Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 1477 there are other items entitling OWNER to a set- off against the amount recommended, or 14 7 8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1 through 15 2 4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER 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 considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 1410 Use by OWNER at OWNER's option of any substantially completed part of the Work, which. (i) has specifically been identified in the Contract Documents, or (u) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following• 1410 LOWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to detennme its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor if ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14 10 2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 1411 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Application for Payment: 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5 4, certificates of inspection, marked -up record documents (as provided in paragraph 6 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied (except as previously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 4 13, (it) consent of the surety, if any, to final payment, and (in) complete and legally 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 by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that. (I) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (it) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fads EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize pavment are to be submitted on forms conforming to the fiormat of the OWNER'S standard forms bound in the Prole manual Final Payment and Acceptance: 14 13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER'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 CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15 Otherwise, ENGINEER will return the Application to CONTRACTOR, mdicahng in writing the reasons for refiising to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in approoriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to paragraph 1762 of these General Conditions 14.14. If, through no fault of CONTRACTOR, final completion of the Work 15 significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the tetainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims Waiver of Claims: 14 15, The making and acceptance of final payment will constitute, 1415.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14 11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents, and 14 15 2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 151 At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles i l and 12. OWNER May Terminate: 15 2 Upon the occurrence of any one or more of the following events* 15 2 1 if CONTRACTOR persistently fads to 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 failure to adhere to the progress schedule established under paragraph 2 9 as adjusted from time to time pursuant to paragraph 6 6), 15 2.2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15 2 3 if CONTRACTOR disregards the authority of ENGINEER, or 15.2 4 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient 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, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 15 3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 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 Agreement In such case, CONTRACTOR shall be paid (without duplication of any items) 15.4 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15 4 2 for expenses sustained prior to the effective date of termination In performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15 4 3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15 4 4 for reasonable expenses directly attributable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15 5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fads to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' 'written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15 5 are not intended to preclude CONTRACTOR from making claim under Articles I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may anse under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9 10, 9 11 and 9 12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom ut is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice 17.2. Computation 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 any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17 2 2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day Notice of Claim: 17 3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the o+her party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party wdhii a reasonable time of the first observance of such inlury'or damage The provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose Cumulative Remedies: 174 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the; warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 612, 6 16, 6 30, 6 31, 6 32,13 1, 13 12, 13 14, 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are 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 provisions of this paragraph will be as effective as if repeated specifically in the Contra; t Documents in connection with each particular duty, obligation, right and remedy to which they apply Professional Fees and Court Costs Included: 175 Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 176 The laws of the State of Colorado apply to this Agreement Reference to two pertinent Colorado statutes are as follows, 17 6 2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance, provisions, provender, or other sugphes used or consumed by CONTRACTOR or his 33 34 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) (This page left blank intentionally ) EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition) 36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) OWNER TY/OF FORT COLLINS By i JN ISCHBACH, CITY MANAGER BY-Y• JgES/ R O'NEILL II, CPPO DR CTOR OF PURCHASING AND RIS�K/M/ANAGE ENT Date _ y / C) ,City Cf — Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City T=tor_ney 10/97 CONTRACTOR 0 Title Date (CORPORATE S Attest: e Specialties, Inc. Address for giving notices: _H�.o -P-10x I,-( ()_ L EQ' r Z)�� Q:) C.JJS �3 LICENSE NO : Section 00520 Page 6 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under 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 to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9 11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered wntten notice of intention to appeal as provided in paragraph 9 10. 163. 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 ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) �I 164 Except as provided in paragraph 16 5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEEWs Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless 16 4 1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16 4 2 such other 'person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16 4 3 the written consent of the other person or entity sought to bei included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall) make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any ldispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6 11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 16 5 nor in the provision of such subcontract consenting to joinder shall create any claim, right for cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist 166 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes 'and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16 1 through 116 6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the terminationj of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EICDC GENERAL CONDITIONS 1910-9 (1990 Edition) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS No Text 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 indicatled 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 pollicy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Inslrance 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 limitslof $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 2 days lost due to abnormal weather conditions. No Text v 9/99 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT, 00950 Contract Change Order 00960Application for Payment No Text SECTION 00950 CHANGE ORDER NO. l PROJECT TITLE: Downtown Streetscape - Walnut Street; Bild No. 5539 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $'I0.00 (Assuming all change orders approved) i _ ACCEPTED BY: DATE:I ACCEPTED BY: Contractor's Representative Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 CC: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 DATE: DATE: DATE: II DATE: Section 00950 Page 1 No Text