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HomeMy WebLinkAbout- CONTRACT - BID - 5522 CONCRETE PROJECT PHASE III SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 0 2002 CONCRETE PRO.➢ECT - PHASE II I VOGEL CONCRETE BID NO. 5522 City of Fort Collins MARCH 2O02 I CI I I I A lJ L1 LI M K l�J I K 0 SECTION 00530 NOTICE TO PROCEED Description of Work 2002 CONCRETE PROJECT — PHASE II, BID NO 5522 To Vogel Concrete, Inc This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be and _ , 20 respectively City of Fort Collins OWNER By — ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _ day of 20 CONTRACTOR By _ Title_ 20_ K !I�l!M ilm Lo= M 0 C = = M M = 00 EM EM 0 = M EM3 = = t E Grandview -'�iu d:rtaAv. 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M A, .�M� pn Be oR Fv S u> a EdB.xa ou a "s� 'p Bn p 5 W qi crteF" w se.n sL s 5 4: Hill Pond gg scare 3 W E 4\ Lb; k q'oa6 vs et Ze ~,O W E8 y- seMmrrt € frw £ 9nEav Wmfeb �r 4 s grnaen 5�u ;Ti iM �I Way_ V rt D� 2 �d,o q ny t q .I �` u Dr Or C� �{, e 4 5 N' ❑ °caw �Q/� 1 III ❑ �e � / su.rts� SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate �J Irall 11 00600 PERFORNL-k- CE BOND Bond No 791816 KNOW ALL MEN BY THESE PRESENTS that Q(Firm) VOGEL CONCRETE, !-NC. (Add ess) 1313 Blue Soruce Drive, Suite B, Fort Collins, Colorado 80524 ($�2za-ne*), (a Corporation), hereinafter referred to as "the Principal, " and (Firm) INLariD 1ySUIL N COTTANY (Add.-ess) P.O. Box 80468, Lincoln, Nebraska 68501 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the City of For Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 805221, a Municipal Corporation, hereinafter referred Five Hundred Fifty Four Thousand Seven to as "the Owner", in the penal sum of Hundred Forty One and 16/100--------)in lawful ($554,741.16) money of Lie 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 Construction Agreement wiui the Owner, dated the8th day of April O2002 , a copy of which is hereto attached ana made a oar. hereof for the performance of City of Hi For, Collins, 2002 Concrete Project, Phase II - Bid No. 5522, City of Fort Collins, Ii Colorado NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the under-akings, covenants, terms, corimuons ana agreements of said Construction Agreement d=g the original term thereof, and any extensions thereof which may be granted by the Owner, 0 Page 1 of 3 a- F n .4l a lIi a 1 modification thereof, including all amounts due for materials, lubricants, repairs on macniner/, eaumment ana tools, consumed, rented or used in connection with the cons-,ic.ion of such work, and all insurance premiums on said wor':, and for all labor, performed in sucn work whether by subcontractor or omerNtse, then this obligation shall be void, o hervise to remain in Tull force ana effe-:t. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extens,on of time, alteration or addition to the terms of the Construction Agt--ment or to the wort to be performed thereunaer or the spermcations 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 Construction Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the n_nt of any beneficiary hereunder, whose claim may be unsarsfied. four IN WITNESS WHEREOF, this instrument is executed in th= counterparts, each one of which shall be deemed an original, this 17thday of April 2002 IN FRESENCE OF x, (CO wso.lr�'`o •gyp... A$9.�,.,a . PrIMIDal VOGEL%ONNCCRETE, _iC By- '— (Tide) M3 Blue Soruce Drive, Suite B, (Aedress) Fort Collins, Coloraao 80524 Other Partners Page 2 of 3 IN PRESENCE OF N/A N/A IN PRESENCE OF Debbie A. Haslam Denver. Colorado (SURETY SEAL) By N/A By N/A By N/A SUrerY P"tLLND INSURzUNCE MTA..x ju, By Aaornev-in-Fact o eleste T. Moore -Helms 'sue+°°•,= ©D`a P. 0. Box 80468 �4�kt'y;Msi.����°a° Lincoln, NE 68501 (Address) NOTE Date of Bond must not be prior to date of Construction Agreement If Contractor is Parmershtp, all partners should execute Bond LOCKTONCOMPAMb Post Office Box 469000 / Denver, C0 80'_46-9000 (303)753-1000/Fax (303)753,2099 Page 3 of 3 L 00601 PAYAE`iT BOND Bortd No 791816 KNOW ALL MEN BY THESE PRESENTS that a(Fum) VOGEL CONCRETE, :NC a(Address)1313 Blue Spruce Drive, Suite B, Fort Collins, Colorado 80524 OzPs-n,�, 4 , (a Corporation), hereinafter referred to as " ~.e PrTncmal", and a(Firm) INLAND LNSU!U qCE MIPANY (Address) P.O. Box 80468, Lincoln, Nebraska 68501 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and finely bound unto the City of Fort Collins, 300 West Laporte Avenue, r Past Office Box 580, Foe Collhu, Colorado 80522, a Mumcipal Corporation, hereinafter refe,,ed Five Hundred Fifty Four Thousand Seven to as "the Owner," in the penal sum of Hundred Forty one and 161100-------- in lawful r' ($554,741.16) 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 mese presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreemenr with the Owner, dated the 8th day of April 2002_, a copy of which is hereto attached and made a pairs hereof for the performance of City of Fort Collins, 2002 Concrete Project, Phase II, Bid No. 5522, City of Fort Collins, Colorado aNOW, THEREFORE, sf the Prmcrpal shall make payment w all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecut;on of he work provided for in such Construction Agreement, and any authorized extension or Page 1 cf 3 w1i7 or without Notice to the Surety and aurLng tine life of the gua:-anry period, and if the Principal shall sausry all claims and aen ands incur -.a under such Contact -\greement, and shall fully indemnify and save harT'niess the Owner i7om all cost and can, ages whim i may 5,lfier by reason of failure to do so, and shall reimburse ane repay me Owner all outlay and eweme which the Owner may incur to making good any default, and then his obligation shall be void, omerwise to remain in full force and effect_ PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates aria agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shzdl in anyway 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 Contract Agreement or to the 0 work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Coneacror shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. four IN WITNESS WHEREOF, this insmiment is executed in =-a-- counterparts, each one of which shall be deemed an original, this 17th day of April , 2002 IN PRESENCE OF ..a Prmctoal 40GEL CONCRETE, INC Hof' J"Phi° `n= ("pile) �r e 1313 Blue Saruce Drrre, Suite B, (C'ORPOR.­'�TE)S ALi)i . j (Address) Fort Collins, Co 80524 Pie 2 Or 3 IN FRESENCE OF N/a N/A IN PRESENCE OF Debbie A. Haslam Denver, Colorado (SURETY SEAL) Ocher Partners By IN By N/A By N/A Surely Im'?LND IN' sm�, C COMP B',z .h . f _ _ A Ancmey-in-Fact eleste T. Moore —Helms P. 0. Box 80468 Lincoln, NE 68501 (Address) /. r v<r.r•pavns�vrvb.g5y� r% 4 'rsj^V ' a�Po�d.eveleCl�e.: NOTE. Date of Bond must not be prior to date of Construction Agreement, If Contractor is Parmership, ail partners should execute Bond. =DCMN LOCKTO\ COMPAMIs Po't officc Bov 469000/Denver, C080246-9000 (303) 753-2000/Fax (303) 753,2099 Page = of 3 0• INLAND INSURANCE COMPANY a Lincoln, Nebraska POWER OF ATTORNEY Q KNOW ALL MIEN BY THESE PRESENTS That the INLAND INSURANCE COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln. Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23 19731 to wit "Amcle V-Setbun 6 RESIDENT OFFICERS AND ATTORNEYS -IN -FACT rhi, President or any Vice President acting with any Secretary or Assistant SeLictary shall have lhL authority to appoint Resident Vice Presidents and Atlomeys-In-Fact with the power ind authority to sign, execute, acknowledge and deliver on its behalf, as Jf Surety Any and all undertakings of suretyship and ro affix thereto the corporate seal of the corporation The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time " does hereby make constitute and appoint GARRY L. WESSELINK OR KAREN A. FEGGESTAD OR SHELLEY CZAJKOWSKI OR DEBBIE POPPE OR CELESTE T. MOORE—HELMS OR DEBBIE A. HASLAM OR WILLIAM M. O'CONNELL, DENVER, COLORADO 4 a its true and lawful Attomey(s)-m-Fact, to make, execute, seal and deliver for and on its behalf, as Suiety, Any and all undertakings of suretyship And the execution of such bonds or undertakings in pttisuat i.e of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly exewted and acknowledged by the regularly dce ted utLLLn of Company at its offiitts m Lincoln, Nebraska, in their own persons The following Resolution was adopted at the Regular McLhng of the Board of Din.Ltors of the INLAND INSURANCE COMPANY held on July 23, 1981 "RESOLVED, That the signatures of officers of the Company and thL seal of the Company may be affixed by FaLsimile to any Power of Attorney executed in accordance with aaucile VSection 6 of the Company Bylaws and that any such Power of Attomey beanng such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is anaLhed " All authority hi reby onterred shall remain in full force and effect until terminated by the Company IN WFI MESS WHEREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this_ 29 day of JANUARY , 20--o 7_ INN AND INSURANCE COMPANY Secretary By Vice {'resident State of Nebraska ) ) ss County of Lancas er ) On this 29_ day of JANUARY , 20Q_, before me personally came Robert L Pnvell, to me known, who being by me duly swom, did depose and say that (s)hc resides in the County of Seward. State of Nebraska, that (s)he is the Vice President of the INLAND INSURANCE COMPANY, the corporation described in and which executed the above instrument, that (s)he knows the seal of the said Lorpormon, that the seal affixed to the said instrument is such corporate seal, that a was so affix ed by order of the Board of Directors of said corporation, that (s)he signed (his) (her) name by like order and [hat Bylaw, Article V-Section 6 adopted by the Board of Dues was of said Company, relearned to in the preceding instrument is now in force � 6ENEAAL NOTARY -Scats of Nabruka CHERYLA BBCWN My COIIM Era April I2, 20113 My Commission Expires April 12, 2003 Notary Public Cl _ .'> G I Jeanne Reno Assistant Secretary of INLAND INSURANCE COMPANY, do hereby LLnlfy that the above and mregomgt,iq,ai nve,and correct copy of a Power of Attomey executed by said INLAND INSURANCE COMPANY which is still in lull torce and elf, LT cdx;eyU{3Hf iC' Signed and sealer at tht C ty of Lmwln, Nebraska this 17 t11 day of April _ 20 02 , ` e,• _ n A wit r �a 1f ••• i' •K nf�° Assrt sia5tSe'c`ieidry"' RC' ,.��• I J SECTION 00630 CERTIFICATE OF INSURANCE 0 CONTRACTOR shall insert his own standard form for Certificate of Insurance I I I I 0 I iai I BID SCHEDULE r CI n 0 City of Fort Collins 2002 Concrete Project - Pha se II Vogel Comatte - Bid No 5522 .Y„ I-i�,%" �r(i`.,e. ' %t't1' �f) „ "^i yd ..� ,., ,�.m, e� �i nl" to �a� P ,"SAE �r, Ku r,G" „7�r:'b1bV1 'k� n7�k�,w �" �,<' "2' ,�,,; _ yY,. n I An 'sir" P ;XM�'i P,��i y ee dL 1 r "� t1�'.'xa'Ik+''� 'f& *v 2,. ' xm� 1.tw��" xi fl i hi f ?''+"f ° wW ¢ tC p N, 1^r7J '4` I,Cunerete,a'" X 'Kr 5' , yul Item Noi,,jlr .��� �a, ..'v'1 �„ i.^rM;e` ' ,mv^; 1 $, j =a v, �,s a iy ah, „x<<rsXY'rs`Descnphu� K?,,, ,.,ir,y „ XRs`4 "cn3;" �v'av ,�r�,a +`"d` 1 k,-'Unlit ",an .'s a+"'� Contract Quanhty "'n'";V aVu , ,,r„ g , x `%: pR;a„ r `,L,ia ^'+t"vl)nlitrvm m d z•. r r"eti (, laj Pl1ia16Y�',i nn 1�P 'r?�F' /G +i„M k`` .: ^"wv`h+xy'rr a'N,. —r�,ri4ndill.' rA.L I,e���'�bb'�'`nu4;d �'..°, k'',rt'➢ ,a�.;„�1. 'F�'' 'w�"�A iq""�*'' eau )t', p:'; �'dn, .r'�jsi,i P` 4�tpf +l, ! 40l 50 TLMPOfayy Patching Ton 325 $ 155 18 $ 50,433 50 604 10 Reconstruct Inlet Deck - Catch Basin Each 1 $ 963 17 $ 963 17 604 11 Reconstruct Inlet Deck - Catch Basin Additional Foot L F 0 $ 10702 $ - Opening _ 604 12 Reconstruct Curb Inlet Deck - 4' Openurg Each l $ 1,04344 $ 1,04344 60,113 Rawnstruct Curb Inlet Deck - Additional I cot 11 F 0 $ 16053 $ - Opening _ 60,114 Type 13 - Curb inlet with Frame, Grate and F.aoh 10 $ 1,39125 $ 13,912 50 Ad uswble Curb Bonnet _ 604 15 Concrete Sidewalk Culvert Each 0 $ 1,01668 $ - 604 16 Metal Sidewalk Culvert - 5/8" Plate Each I $ 1,44476 $ 1,44476 604 17 Additional Square Foot 5/8" Plate S F 0 $ 11772 $ - 608 01 Remove and Haul fillets Each 1 $ 9026 $ 80 26 608 02 Apron - Remove and Replace S F 2650 $ 626 $ 16,589 00 603 03 Crosspan - Remove and Replace S F 2650 $ 626 $ 16,589 00 Driveover Curbm , Gutter & 4" Sidewalk - Rcove and 608 04 I r 1000 $ 31 57 $ 31,570 00 Replace ^_ 60B 05 Driveover Curb, Gutter and 6" Sidewalk - Remove 1 r 750 $ 33 71 $ 25,292 50 and Replace 601306 Driveover Curb and Gutter - No Sidewalk - Remove L F 875 $ 2140 $ 18,725 00 and Replace 603 07 Dnveover Curb, Gutter & Drive Approach - Remove L F 0 $ 3427 $ - and Replace 60'8 08 Vertical Curb, Gutter & 4" Sidewalk - Remove and L F 750 $ 3746 $ 28,095 00 Replace _ 603 09 Vertical Curb, Gutter & 6" Sidewalk - Remove and L F 135 $ 38 53 $ 5,201 55 Re lace _ Vertical Curb and Gutter - No Sidewalk - Remove 608 10 1 F 3025 $ 21 40 $ 64,735 00 and Replace 608 11 Vertical Curb, Gutter and Drive Approach - Remove L F 500 $ 3424 $ 17,120 00 and Replace I — 608 12 Vertical Curb, Gutter and Drive Approach - No L F 0 $ 2140 $ - --- Sidewalk - Remove and Replace Vertical Outfall Curb and Gutter - Remove and 60913 Re lace L F 25 $ 21 94 $ 548 50 608 14 Hollywood Curb, Guttea & 4" Sidewalk - Rcmove L 1 $ $ and Replace 380 2890 10,982 00 608 15 Hollywond Curb, Gutter & 6" Sidewalk - Remove I F 55 $ $ and Re lacy 2997 1,64835 _ Hollywood Curb and Gutter - No Sidewalk - R6moVe 60916 and Replace t F 0 $ 2087 $ - 60917 Hollywood Curb, Gutter & Drive Approach - L F 200 $ 2990 $ 5,78000 Remove and Replace 608 18 llighbaok Curb & Gutter - No Sidewalk - Remove L F 1475 $ 3050 $ 44,987 50 and Replace _ 608 19 Highback Curb, Gutter and Drive Approach - L F 225 $ 3532 $ 7,94700 Remove and Replace 60820 Pedestrian Access Ramp, Driveover Curb Remove L F 325 $ 41 74 S 13,565 50 and Re law 608 21 Pedestrian Access Ramp - Vertical Curb - Remove I F 275 $ 3853 $ 10,595 75 __ and Re lace 60822 Pedestrian Access Ramp - Hollywood Curb - Remove L 1 45 $ 35 32 $ 1,58940 and Replace _ 60823 Pedestnan Access Ramp - Highback Curb - Remove S F 950 $ 856 $ 8,13200 and Replace _ 60824 4" Flatwork - Remove & Replace S F 6790 $ 470 $ 31,913 00 60825 6" Flatwork - Remove & Replace S F 1775 $ 524 $ 9,30100 Page 1 of 2 0 ACOR& CERTIFICATE OF LIABILITY INSURANCE 06/13/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4821 Wheaton Drive HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW f` P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE OINSURED INSURERA Pinnacol Assurance Vogel Concrete Inc INSURERS 1313 Blue Spruce Dr #B INSURER Fort Collins, CO 80524 QINSURER D Ij INSURER E `oo� f COVERAGES I P1 Q THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 7R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE TE MM/DD/Y POLICY EXPIRATION DATE(MM/DD1YY1I LIMITS GENERAL LIABILITY EACH OCCURRENCE I$ FIRE DAMAGE (Anyone fire I $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURS MED FXP(Anv one perian) a PERSONAL B AOV INJURY E _ GENERAL AGGREGATE $ GEN1'L AGGREGATE LIMITAPPLIBSPER PRODUCTS COMP/OPAGG $ POLICY PJFTRO F LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peracuoent) $ GARANEAABOILITi AEI NA I A I E AUTOONLYEA AACC GGT EXCESS LIABILITY EACH OCCURRENCE $ SM OCCUR [] CLAIMADEI AGGREGATE $ Is $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND 12086850 I07/01/01 07/01/02 TH x TQRYI IM TS�__OER EMPLOYERS' LIABILITY EL EACH ACCIDENT r r100, 000 E L DISEASE EAEMPLOYE $100 , 000 ASE-POICYLMEL DISE $500,000 OTHER DESCRIPTION OF OPER/ITIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS aCity of Ft Collins Purchasing Dept Attn Jan 256 W Mountain Fort Collins, CO 80521 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER W ILLEN DEAVORTO MAIL30_ DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR AUTHORIZE 9 ACORD25.S(7/97)1 of 2 #S187068/M187066 KLB all ACORD CORPORATION 1981 aCERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company '-_i American Family Mutual Insurance Company if selection 'i r is not checked a t 6000 American Pky Madison, Wisconsin 5 it ,? OOJ I Agent's Name, Address and Phone Number (Agt /Dist ) Insured's Name -u is Address Harold F Lee Agency (127-305) Vogel Concr •m Inc 2600 S Parker Rd #1-117 1313 Blue 9,'i tr.v Dr B c, Aurora, CO 80014 Ft Collins, CJ j',S24 u 303-695-1040 This certificate is issued as a matter of information only and confers no rights upon the C^ ^ • to holder This certificate does not amend, extend or alter the coverage afforded by the policies h, to a COVERAGES 9 11 0 I 1291 I I e 1 •wF 4rill ,,f , - This is to certify that policies of insurance listed below have been issued to the insured nalnee .. i i, ie policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this ceridir , , ui iy he issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such poi, POLICY TYPE TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY Effective Expiration (Mo,Day,Yr) (Mo,Day,Yr) Hom,,owners/ I Luy and Property Damage Mobiehomeowners Liability L-,, rrence Boat,wners Liability - I1,1 ,,; and Property Damage I. •.l'ocurrence Personal Umbrella Uabdity Uo ,qr ry and Property Damage E.,c i rl, ourrence F, ,- �u ,onal Liability Each Occurrence Farm/Ranch Liability F, ii • uployer's Liability Each Occurrence Workers Compensation and I- cadent Employers Liability + - Each Employee L Policy Limit General Liability t„ o, i Aggregate $ 2,000,000 ® Commercial General 05-X60979 1/1/2002 1/1/2003 1'ro c Is - Cornpleted Operations Aggregate $ 2,000,000 Liability (occurrence) I'_ I .ind Advertising Injury $1,000,000 ❑ c •,i ,c,•urence $1,000,000 ❑ n: e (Any One Fire) $ 100,000 fit ' G ,ease (Any One Person) $ 5,000 pence++ Busuiessowners Liability Automobile Liability uy - Each Person $ 1,000,000 ® Owned Autos (Basic form) 05-X60979 1/1/2002 1/1/2003 11 L ' J y - Each Accident $ 1,000,000 ❑ Owned Autos (Comp form) 1! ' f nage $ 1,000,000 ❑ Hired Autos i,-d , slur; & Property Damage Combined ❑ Nun -owned Auto:. ❑ Garage liability Excus Liability ❑ Commercial Blanket Ezcess 05-X60979 1/1/2002 1/1/2003 E i_n _',nirrence/Aggregate $1,000,000 ❑ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS ",n',i. I or partners shown as Insured *** elected to be Additional Insured- Lanmer County n� •, niployees under this policy i, C ooiploted Operations aggregate is equal to each ` loon and is included in policy aggregate CENTI=ICATE HOLDER'S,NAME ANDADDRESS Irri dli li, i, I Iq ti n'„i ' +1 CANCEL'LATIONi, ;,, }t r lra);'�t ixt.i ,j14,i ,.,l< ® Shoul i ve described policies be canceled before the CI1Y OF FT COLL114S expiration r' i' , company will endeavor to mail'( 30 days) written PUkCHASING DEPr notice to it.,, I r, I lulder named, but failure to mail such notice shall A i i N JAN impose no ,1 , ,r hahility of any kind upon the company, its agents or 25G W MOUNTAIN represental e, ., , ,� i, s unless different number of days shown FT COLLINS, CO 30521 ® 1 his cerw,- , v, ioge on the date of issue only The above described policies are sir ., , ,,, coocellation in conformity with their terms and by the laws of the bi i nr DATE 12 I ED REPAE�q 1 /412iJ OV/�Q� u-zul to 1/ab ORIGINAL - Certificate Holder, GOPIES to Servic, 4 gent Stock No 06668 0 II a 0 a a I SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE PROJECT TITLE 2002 CONCRETE PROJECT — PHASE II, BID NO 5522 LOCATION Fort Collins, Colorado 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 protect (or specified part of the protect, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents By By E NGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial correct the items on the tentative list within the time indicated By CONTRACTOR AUTHORIZED REPRESENTATIVE DATE Completion and agrees to complete and The OWNER accepts the protect or specified area of the protect as substantially complete and will assume full possession of the protect or specified area of the protect 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 AUTHORIZED REPRESENTATIVE DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen You are hereby notified that on the day of _ _, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins protect, 2002 CONCRETE PROJECT — PHASE Il, BID NO 5522 A check is attached hereto in the amount of ($ ) as Final Payment for all Work done, subte�ct to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date Sincerely, OWNER City of Fort Collins By Title ATTEST Title F1 i N n K SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM CONTRACTOR PROJECT 2002 CONCRETE PROJECT — PHASE II, BID NO 5522 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described protect In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described protect, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the protect or against all land and the buildings on and appurtenances to the land improved by the protect 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 protect were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or matenalmen 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 protect 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 protect 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the protect against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, rnaterialmen, employees, servants, agents or assigns against the protect or against the OWNER or its officers, employees, agents or assigns arising out of the protect for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims The parties acknowledge that the description of the protect 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 protect Signed this day of CONTRACTOR Vogel Concrete, Inc By - Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by Witness my hand and official seal My Commission Expires Notary Public A K LI SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR PROJECT 2002 CONCRETE PROJECT — PHASE II, BID NO 5522 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) aATTACH M LJ I Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact L 'J aInsert State certificate here I I K SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE u OR 0172 (12l98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 C (303)232-2416 K L 4 lJ n n 111=- us U uJ M CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Stature 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 purchasing construction and budding 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 certificate and other penalties provided by taw 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 reverse side ) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No (ie be assigned by DOR) Period 0170-750 (999) $0.00 89 _ .,j��, i'yX.y `t «'.r ��;J ii'n�a, �l ie .l`I:! ,, ;`:,' rar ,.5" ,l' "tt" v']« ,>tY.- . `ti-: I S'r i=-i^ n act' r r„ < r-list-,�•,3a-.�.�"ig^1� �Y-1- (y "7 ''{{ ,CONTR'AG?�ORINFORMATION ,1'. 9t-�',,,+�i ? _ GX ,-,..`'r`. ,t ira: ✓)'.'`1�-a•,�xP h �Lt ry i.NM'$` Y"3:'.��}• ��tXisj',YG'f%:�G-i',b=$i9rCi�i✓f�L�'�'�.iC��'$.S"t�'31�,`fw5i�`3 t'S11ii w;`na �iI-1,4ifl n d`lKse e1�w �+T hJ ilrvi`V Fir t, Trade name/DBA Owner, partner, or corporate name Mailing address (City, State, Zip) Contact Person EWail address Federal Employers Identification Number Bid amount for your contract $ Fax number ( ) Business telephone number ( ) Colorado withholding tax account number a,. , k ' ORMaT10N'`�opiesofeiontracYoyagre�e'mentpages(y7}�Fdentifyingiheco'n"it-aciingpakies,, i -EXEMPTIO''N' I�IF ' f„ aa.r«���,tz =„�'and-(2)�egnbi_ningisignatures of_;coritiact ngf' ai t"es.mu''st`=be,attached • ; J,' � „y � � h v,,..s , Name of exempt organization (as shown on contract) Exempt organization's number 98 - Address of exempt organ¢ahon (Ciy, Slate, Zip) Principe! contact at exempt organization Principal contact's telephone number Physicai location of project site (give actual address when applicable and Cities andior County ties) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date t ,I�fr`e l , (IdYl r'.J'i4•'I'r�r�y Tsr �4,jii'V 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 TWO of corporate officer Date UO NO-1 WHITE 9ELOW THIS LINE v N N K I 0 CI SECTION 00700 GENERAL CONDITIONS 00330 BID SCHEDULE City of Foil Collins 2002 Concrete Proleol - Phase II Voeel Concrete - Bid No 5522 ''�'h.�}riwf`�k 'rAa' Tih,, rer fe.hA'. Fi 1. �' ii,,r Ar A[rr�Yr(rrY 4t. i��y iNx ,' "2r - -'"e « 'IL,r„" ';$ yf,r`-rDeic°iri �tion^�' ,t+" .�?.rr°,,,u it as �'. .wx-lrL'r�3fi�it ^ '+,Unit Aa`fr`" a�ryX 3"3.^,4.'Sr. w.t 'rli �r,w"�''-^'a Contract (quantity. _(. L-'.yr i4i,A� 'Vogel,Conerete`- a 'ln'.f Qs,f 60926 Replace Flatwork - V Additional Depth S F 1060 $ 052 $ SS1 20 60927 4' Valley Pan - 6" Depth S F 130 $ 964 $ 1,25320 60928 Aggregate Base Course Ion 750 $ 2354 $ 17,655 00 60829 8" Alley Paving - Remove and Replace SF 2740 $ 585 $_ 16,029 00 60930 Highback Alley Approach IS") - RemOVe & Replace SF 310 $ 5075 $ 15,732 50 60831 Expansion & Caulking L F 150 $ 375 $ 562 50 61401 "No Parking" Sign With Stand Per Day Per Fach 500 $ 209 $ 1,04500 61402 Vertical Panel Without Light Per Day Per Fach 500 $ 064 $ 32000 61403 hype I Barricade Without I ighl Per Day Per Lach 7000 $ 074 $ 5,18000 61404 Type II Barricade Without Light Per Day Per Lach 10 $ 064 S 640 61405 Type III Bamiadi, Without Light Pcr Day Per Lach 150 $ 374 $ 561 00 61406 Svc A Sign With Stand Per Day Per Lach I S00 $ 160 $ 2 400 00 61407 Site B Sign With Stand Per Day Per I,aoh 300 $ 1 77 $ 531 00 61408 Size A Specialty Sign - Cost of Manufacturing Each 10 $ 7491 $ 74910 61409 Svc B Specialty Sign - Cost of Manufacturing Each 10 $ 9027 $ 80270 614 10 Cone With Rellmuve Strip Per Day Per Each 3000 $ 069 $ 2,07000 614 11 Safety Fence Per Day Per Roll 25 $ 5 36 $ 13400 61412 Light - Steady Burn Per Day Par Fach 25 $ 037 $ 925 61413 Light - Flashing Per Day Per Each 300 $ 037 $ 111 00 61414 Advance Wariung I lashing - or Sequencing Arrow Panel Per Day Per lath 9 $ 9562 $ 770 58 _ 614 15 Traffic Control Supervisor Per Day 65 $ 37457 $ 24,347 05 614 16 Traffic Control Supervisor Per flour 100 $ 3746 $ 3,74600 61417 Flagging Pr hour 1000 $ 21 40 $ 21,400 00 CA�t G,, , fl rnf IU ) ,6fiY v! f i' 1C;.�` I't)TAI, COST Yx.°=� �,. 4 s`n'A1 °wl s,�� v �f s j"t`1 a �➢ 6 gYi b ArM ✓, .A' 7 „�r,I ^^`PA.fi''l�7 C rive Hundred ritfy I onr Thousand, Seven Hundred Forty One Dollars and Sixlum Cents i S%ned 7 Address Company �yL n0 Phone/F. Check One Individual Doing Bmsinom in Company Name Corporation Partnership Page 2 of 2 I I HI HE a I 0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been dwelopLd by using the STANDARD GENERAL CONDI"IIONS Oh T118 CONSTRUCTION CONTRACT prepared by the Engmeeis Joint Contact Documents Commwca, EJCDC No 1910-8 (1990 Edition), as a base Changes to that dounrn.nt ate shown by undcrhnmg text that has been added and st ikmg thi ough tort that has been delett d 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 Number & Title DEFINITIONS 11 Addenda 1 2 Agi cement 1 3 Application for Payment 1 4 Asbestos 1 5 Bid 1 6 Bidding Documents 1 7 Bidding Requirements 18 Bonds 1 9 Change Order 1 10 Contract Documents 1 11 Contract Price 12 Contract Times 113 CONTRACTOR l 14 defective 1 15 Drawings 1 16 Effective Date of the Agi eement 1 17 ENGINEER 1 18 ENGINEER's Consultant 1 19 Field Older 1 20 Geneial Requirements _ 1 21 Hazardous Waste 1 22 a Laws and Regulations, Laws or Regulations 1 22 b Legal Holidays 1 23 Liens 1 24 Milestone 1 25 Notice of Avvard 1 26 Notice to Proceed 127 OWNER 1 28 Partial Utilization 129 PCBs 130 Petroleum 1 31 Project i 32.a Radioactive Material 1 32 b Regular Woi king Hours 1 33 Resident Project Representative 134 Samples 1 35 Shop Drawings 136 Specifications 137 Subcontractoi 138 Substantial Completion 139 SupplementaiyConditions l 40 Supplier 1 41 Underground Facilities 1 42 Unit Price Woik 1 43 Work 144 Work Change Directive 145 Written Amendment Page Article or Paragraph Number Number & Title 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2-3 3 3 3 3 Page Number 2 PRELIMINARY MATTERS 3 21 Delivery of Bonds 3 22 Copies of Documents 3 2 3 Commencement of Contract Tunes, Notice to Proceed 3 24 Starting the Work 3 2 5-2 7 Before Stai ting Consti uction, CONTRACTOR's Responsibility to Repoit, Preliminary Schedules, Delivery of Certificates of Insurance 3-4 2 8 Preconstruction Conference 4 29 Initially Acceptable Schedules 4 3 CONI RACT DOCUMENTS INTENT, AMENDING, REUSE 4 3 1-3 2 Intent 4 3 3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies 4-5 3 4 Intent of Certain Terms or Adjectives 5 3 5 Amending Contract Documents 5 3 6 Supplementing Contract Documents 5 3 7 Reuse of Documents 5 4 AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS 5 4 1 Availability of Lands 5-6 42 Subset face and Physical Conditions 6 42 t Reports and Di awumgs 6 4 2 2 Limited Reliance by CONTRAC- TOR Authorized, Technical Data 6 4 2 3 Notice of Ditfenng Subsurface or Physical Conditions 6 4 2 4 ENGINEER's Review 6 4 2 5 Possible Contract Documents Change 6 4 2 6 Possible Price and Times Adjustments 6-7 4 3 Physical Conditions --Underground Facilities 7 43 1 Shown or Indicated 7 4 3 2 Not Shown of Indicated 7 44 Reference Points 7 E1CDC GENERAL CONDI710NS 1910-8 (1990 EDITION) w/ CI I Y OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Number & Title Number 45 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 5 BONDS AND INSURANCE 8 5 1-5 2 Performance, Payment and Other Bonds 8 53 Licensed Sureties and Insurers, Certificates of Insurance 8 54 CONTRACTOR's Liability insurance 9 5 5 OWNER's Liability Insurance 9 5 6 Propeity Insurance 9-10 5 7 Boilei and Machinery or Addi- tional Property Insurance 10 5 8 Notice of Cancellation ProNision 10 59 CONTRACTOR's Responsibility for Deductible Amounts 10 5 10 Other Special Insurance 10 5 11 Waiver of Rights 11 5 12-5 13 Receipt and Application of Insurance Proceeds 10-11 5 14 Acceptance of Bonds and Insu- ance, Option to Replace 11 5 15 Paitial Utilization --Property Insurance 11 6 CONTRACTOR'S RESPONSIBILITIES 11 6 1-6 2 Supervision and Superintendence 11 6 3-6 5 Labor Materials and Equipment 11-12 66 Progress Schedule 12 67 Substitutes and "Or -Equal" Items, CONTRACTOR's Expense, Substitute Construction Methods or Procedures, ENGINEER's Evaluation 12-13 6 8-6 11 Concerning Subcontractors, Suppliers and Others, Waiver of Rights 13-14 6 12 Patent Fees and Royalties 14 613 Permits 14 6 14 Laws and Regulations 14 6 15 Taxes 14-15 6 16 Use of Premises 15 6 17 Site Cleanliness 15 6 18 Safe Stiuctural Loading 15 6 19 Record Documents 15 620 Safety and Protection 15-16 621 Safety Representative 16 622 Hazard Communication Programs 16 623 Emergencies 16 624 Shop Drawings and Samples 16 Article or Paragraph Number & Title Page Number 625 Submittal Proceedures, CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 626 Shop Drawing & Sample Submit- tals Review by ENGINEER 16-17 627 Responsibility for Vaiations From Contract Documents 17 6 28 Related Work Performed Pi for to ENGINEER's Review and Approval of Required Submittals 17 629 Continuing the Work 17 6 30 CONTRACTOR's Gencial Warianty and Guarantee 17 6 31-6 33 Indemnification 17-18 634 Survival of Obligations 18 7 OTHER WORK 18 7 1-7 3 Related Work at Site 18 74 Cootdmation 18 8 OWNER'S RESPONSIBILITIES 18 8 1 Communications to CON- TRACTOR 18 82 Replacement of ENGINEER 18 8 3 Furnish Data and Pay Promptly When Due 18 84 Lands and Easements, Reports and Tests 18-19 8 5 Insurance 19 8 6 Change Orders 19 8 7 Inspections, Tests and Approvals 19 8 8 Stop or Suspend Work, Terminate CONTRACTOR's Services 19 8 9 Limitations on OWNER'S Responsibilities 19 8 10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 8 11 Evidence of FinanCnt Arrangements, 19 9 ENGINEER'S STATUS DURING CONSTRUCTION 19 9 1 OWNER's Representative 19 92 Visits to Site 19 93 Project Representative 19-21 94 Clarifications and Interpre- tations 21 95 Authorized Variations in Wik 21 Z EJCDC GENERAL CONDI rIONS 1910-8 (1990 EDITION) w/ CI7 Y OF FORT COLLINS MODIFICA I IONS (REV 9/99) I Article or Paragraph Page Article or Paragraph Page rMNumber & Title Numbei Number & Title Number 96 Rejecting Defectzve Work 21 13 8-13 9 Unco%crmg 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 Determinations for Unit Prices 21-22 13 11 Correction or Removal of 9 11-9 12 Decisions on Disputes, ENGi- Defective Work �8 NEER as Initial Interpretei 22 13 12 Correction Period 28 9 13 Limitations on ENGINEER's 13 13 Acceptance ofDefechve Woik 28 Authority and Respousibihtics 22-23 13 14 OWNER May Correct Defective Work 28-29 CHANGES IN THE WORK 23 l0 I OWNER's Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLI-TION 29 10 3 Work Not Requn ed by Conti act 14 1 Schedule of Values 29 Documents 23 142 Application for Pi ogiess 104 Change Orders 23 Payment 29 101 Notification of Surety 23 143 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 144-14 7 Review of Applications for I 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 11 4 Cost of the Work 24-25 14 If Final inspectio❑ 31 1 15 Exclusions to Cost of the Work 25 14 12 Final Apphcation for Payment 31 11 6 CONTRAC70R's Fee 25 14 13-14 14 Final Payment in([ Acceptance 3t 11 7 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 12 1 Claim for Adjustment 26 15 2-15 4 OWNER May Teiminate 32 a 12 2 Time of the Essence 26 15 5 CONTRACTOR May Stop 123 Delays Beyond CONTRACTOR'-, Work or Teimiate 32-33 Control 26-27 WE 124 Delays Beyond OWNER's and 16 DISPUTE RESOLUTION 33 CONTRACTOR's Control 27 17 MISCELLANEOUS _ 33 TESTS AND INSPECTIONS, CORRECTION, 17 1 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEFECTIVE WORK 27 173 Notice of Claim 33 13 1 Notice of Defects 27 174 Cumulative Remedies 33 13 2 Access to the Work 27 17 5 Professional Fees and Court 13 3 Tests and Inspections Costs included 33 CONTRACTOR's Cooperation 27 176 Applicable State Laws 33-34 134 OWNER's Responsibilities, Intentionally left blank 35 Independent Testing Laboratoi y 27 13 5 CONTRACTOR'S EXHIBIT GC -A (Optional) Responsibilities 27 Dispute Resolution Agreement GC -AI 13 6-13 7 Covering Work Prior to Inspec- 16 1-16 6 Arbitration GC -AI tion, Testing oz Approval 27 16 7 Mediation GC -AI W aIV E1CDC GENERAL CONDITIONS 1910-8 (1990 EDII ION) w/ C11 Y OF FOR1 COLLINS MODIFICA910NS (REV 9/99) i INDEX TO GENERAL CONDITIONS City of Foit Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article of Paragraph Number Acceptance of - Bonds and Insurance 5 14 defective Work 104 1, 13 5, 13 13 final payment 9 12, 14 15 insurance 5 14 other Work, by CONTRACTOR 7 3 Substitutes and "Or -Equal" llem$ 67 1 Woi k by OWNER 2 5, 6 30 634 Access to the -- Lands, OWNER andCONTRACTOR responsibilities 4 1 site, related Work 7 2 Work, 13 2, 13 14, 14 9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR 69 1, 9 13 3 ENGINEER 620, 9 13 3 OWNER 620, 89 Addenda --definition of (also see definition of Specifications) (16, 1 10, 6 19), 1 1 Additional Properly Insurances 5 7 Adjustments— Contract Price or Contract Tunes 15,35 41 432,452, 4 5 3, 9 4, 9 5, 10 2-10 4, 11, 12 14 8, 15 1 progress schedule 6 6 Agreement -- definition of 1 2 "All -Risk" Insuiance, policy form 5 62 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, 101, 104 11 2 12 1, 13 122, 1472 Appeal, OWNER or CONTRACTOR intent to 9 10, 9 11, 10 4, 16 2 16 5 Application for Payment -- definition of 1 3 ENGINEER's 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 Aibitration 16 1-16 6 Asbestos-- clauns pursuant thereto 4 5 2, 4 5 3 CONTRACTOR authoi ized to stop Woi k 4 5 2 definition of 1 4 Aiticle of Paragraph Number OWNER iesponsibility for 45 I, 8 10 possible price and times change 45 2 Authorized Variations in Work 3 6, 6 25, 6 27, 9 5 Availability of Lands 4 1, 84 Award, Notice of --defined 125 Before Starting Construction 2 5-2 8 Bid --definition of 1 5 (1 I, 1 10, 2 3, 3 3, 4264,613, 1143, 1191) Bidding Documents --definition of 1 6 (6 8 2) Bidding Requirements --definition of 17(11,4262) Bonds -- acceptance of 5 14 additional bonds 105, 1 1 4 5 9 Cost of the Work 1 1 5 4 definition of 1 8 delivery of 2 1, 5 1 final Application for Payment 14 12-14 14 general 1 10, 5 1-5 3, 5 13, 913, 105, 1476 Pei formance, Payment and Othei 5 1-5 2 Bonds and Insurance --in general 5 Builder's I isk "all-i isk" poilLy form 5 62 Cancellation Piovisions, Insurance 5 4 11, 5 8, 5 15 Cash Allowances 11 8 Certificate of Substantial Completion 1 38, 6 30 2 3, 14 8, 14 10 Certificates of Inspection 9 13 4, 13 5, 14 12 Certificates of Insurance 27, 5 3, 54 11,5 4 13, 565,58,514,9134, 1412 Change in Contract Price -- Cash Allowances 11 8 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, 11 2, 13 9, 1313, 1314, 147, 151, 155 CONTRACTOR's fee 11 6 Cost of the Work general 11 4-11 7 Exclusions to, 11 5 Cost Records 11 7 in general 1 19, 1 44, 9 11, 10 4 2, 1043, 11 Lump Suin Pi icing 11 3 2 Notification of Surety 105 Scope of, 10 3-10 4 Testing and Inspection, Uncovering the Woik 13 9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) «/ CI rY OF FORT COLLINS NIODIFICAJ IONS (REV 9/99) Unit Price Work 119 CONTRACTOR'S Fee l t 6 Article or Paragiaph Article or Paragraph Numbei Number Value of Work 11 3 CONTRACTOR's liability 5 4, 6 12, 6 16, 6 31 Change in Contract Times-- Cost ofthe Woik 11 4, l 15 Clams foi times adjustment 4 1, 4 2 6, 4 5, 5 15, Decisions on Disputeg 9 11,9 12 6 8 2, 9 4- 9 5, 9 11, 10 2, 10 5, 12 1, Dispute Resolution 16 1 13 9, 13 13, 13 14, 14 7, 15 1, 15 5 Dispute Revolution Agreement 16 1-16 6 Contractual time limits 122 ENGINEER as initial mttipretm 9 11 Delays beyond CONTRACTOR'S Luinp Sum Pricing 11 3 2 Contiol 123 Notice of 173 Delays beyond OWNER's and OWNER's 94, 9 5, 9 11, 10 2, 1 12, 11 9 CONTRACTOR's control 124 12 1, 13 9, 13 11 13 14 17 3 ,- Notification of surety 105 OWNER's liability 5 5 r, Scope of change 10 3-10 4 OWNER may refuse to make payment 147 Change Orders-- Professional Fees and Couit Costs Acceptance ofDefcctive Woik 13 13 Included 175 Amending Contract Documents 3 5 icquest for formal decision on 9 11 Cash Allowances 11 8 Substitute Items 6 7 1 2 Change of Contract Pi ce 11 Time Extension 12 1 Change of Contract Times 12 Time requirements 9 11, 12 1 Changes in the Work 10 Unit Price Work 1 1 9 3 CONTRACTOR's fee 11 6 Value of 11 3 Cost of the Work 11 4-11 7 Waiver of --on Final Payment 14 14, 14 15 Cost Recoids 11 7 Woik Change Ducctivc 102 definition of 1 9 written notice required 9 11, 11 2, 12 1 einergenueS 623 Clarifications and Inteipictations 3 6 3, 94, 9 11 ENGINEER's i esponsibihty 98, 104, 11 2, 12 1 Clean Site 6 17 execution of 104 Codes of Technical Society, Oiganization Indemnifiction 6 12, 6 16, 6 31-6 33 or Association 3 3 3 Inswance, Bonds and 5 10, 5 13, 101 Conunencenicnt of Conti act Times 2 3 OWNER may terminate 15 2-15 4 Communications-- OWNER's Responsibility 86, 104 general 62,692, 8 1 Physical Conditions-- llazaid COininrii ICati0ii Progiams 622 Subsurface and, 42 Completion -- Underground Facilities-- 43 2 Final Application for Payment 14 12 Record Documents 6 19 Final Inspection 14 11 Scope of Change 10 3-10 4 Final Payment and Acceptance 14 13-14 14 Substitutes 6 7 3, 6 8 2 Partial Utilization 14 10 Unit Price Work 11 9 Substantial Completion 1 38, 14 8-14 9 value of Work, covered by 11 3 Waivei of Claims 14 15 Changes in the Work 10 Computation of Times 172 1-17 2 2 Notification of surety 105 Concerning Subcontractors, Supplieis OWNER's and CONTRACTOR's and Othei s 6 8-6 11 responsibilities 104 Conferences -- Right to an adjustment 102 initially acceptable schedules 29 Scope of change 10 3-10 4 pi econsti uUion 2 8 Claims-- Conflict, Error, Ambiguity, Disciepancy-- against CONTRACTOR 6 16 CONTRACTOR to Report 2 5, 3 3 2 against ENGINEER 632 Construction, befoi e starting by against OWNER 632 CONTRACTOR 2 5-2 7 Change of Contract Pnce 94, 11 2 Construction Machmeiy, Egwpnient, etc 64 Change of Cmtiact Time,; 94, 12 1 Continuing the Work 629, 104 CONTRACTOR'S 4 7 1 9 4, 9 5 9 It, 102, Conti act Documents- 11 2, 11 9, 12 I, 13 9, 148, Amending 3 5 15 1, 15 5, 17 3 Bonds 5 1 vi EJCDC GENERAL CONDII IONS 1910-3 (1990 EDITION) w/ CITY OE FOR I COLLINS MODIFICA PIONS (REV 9/99) Cash Allowances 1 18 Atticic or Paragraph Number Change of Conti act Pnce I I Change of Conti act Times 12 Changes in the Work 10 4-10 5 check and verify 2 5 Claiifications and Interpretations 3 2, 3 6, 9 4, 9 11 definition of 1 10 E^'NGINEER as initial interpreter of 9 11 ENGINEER as OWNER'S tepresentative 9 1 general3 Insmance 5 3 Intent 3 1-3 4 mmoi variations in the Work 3 6 OWNER's responsibility to furnish data 8 3 OWNER's iesponsibihty to make prompt payment 83, 144, 14 13 precedence } 1, 3 3 3 Record Documents 6 19 Reference to Standai ds and Specifications of Technical Societies 3 3 Related Work 7 2 Reporting and Resolving Disciepancies 2 5, 3 3 Reuse of 3 7 Supplementing 3 6 Teinunation of ENGINEER's Employment 8 2 Unit Price Work 11 9 vat tations 3 6, 623, 627 Visits to Site, ENGINEER'S 9 2 Contract Pnce-- adjuslment of 3 5, 4 1, 94, 10 3, 11 2-11 3 Change of 11 Decision on Disputes 9 11 definition of l 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 1 12 CONTRACTOR -- Acceptance of Insui ance 5 14 Communications 62, 6 9 2 Continue Work 629, 104 coordination and scheduling 6 9 2 definition of 1 13 Limited Reliance on Technical Data Authorized 4 2 2 May Stop Work or Terminate 15 5 provide site access to others 72 13 2 Safety and Protection 4 3 1 2, 6 16, 6 18, 621-623,72,132 Shop Diawing and Sample Review Prior to Submittal 625 Stop Work requirements 4 5 2 CONTRACTOR'sb Article or Paragraph Number Compensation 11 1-11 2 Continuing Obligation 14 15 Defective Work 9 6, 13 10-13 14 Duty to correct defective Work 13 11 Duty to Report -- Changes in the Work caused by Emer gency 623 Defects in Work of Others 73 Differing conditions 4 2 3 Discrepancy in Documents 2 5, 3 3 2, 6 142 Underground Facilities not indicated 43 2 Eruct gencies 623 Equipment and Machinery Rental, Cost of the Work 11 45 3 Fee --Cost Plus 11 456, 11 5 1, 11 6 General Warranty and Guaiantee 630 Hazard Communication Programs 622 Indemnification 6 12,6 16, 6 31-6 33 Inspection of the Work - 7 3, 134 Labot, Materials and Equipment 6 3-6 5 Laws and Regulations, Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 9 10, 104 obligation to perform and complete the Work 630 Patent Fees and Royalties, paid for by 6 12 Performance and Other Bonds 5 1 Permits, obtained and paid for by 6 13 Progress Schedule 2 6, 2 8, 2 9, 6 6, 629, 104, 152 1 Request for formal decistonon disputes 9 11 Responsibilities -- Changes in the Work 10 1 Concerning Subcontractors, Suppliers and Othets 6 8-6 11 Continuing the Work 629, 104 CONTRACTOR'S expense 67 1 CONTRACTOR's Geneial Warranty and Guarantee 630 CONTRACTOR's review prior to Shop Drawing or Sample submittal 625 Coordination of Work 6 9 2 Emei gencies 623 ENGINE^'ER's evaluation, Substitutes or "Oi-Equal" Items 6 7 3 For Acts and Omissions of Others 6 9 1-6 9 2, 9 13 for deductible amounts,insurance 5 9 general 6, 7 2, 7 3, 8 9 Hazardous Communication Programs 622 Indemnification 6 31-6 33 vu C1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY Or PORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment 6 3-6 5 CONTRACTORS --other 7 Laws and Regulations 6 14 Contractual Liability Insurance 54 10 Liability Insurance 54 Contractual Time Linnis 122 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination— Documents 6 27 CONTRACTOR's respow,ibrhty 6 9 2 Patent Fees and Royalties 6 12 Copies of Documents 22 Permits 6 13 Colrection Period 13 12 Progress Schedule Record Documents 66 6 19 Correction, Removal or Acceptance ofDefective Work -- related Woik performed piror to in geneial 10 4 I, 13 10-13 14 ENGINEER'S approval ofiequned Acceptance ofDefeenve Work 13 13 submittal,, 628 Cotectron of Removal of safe structural loading 6 18 Defective Woik 630, 13 11 Safety and Protection 620, 72, 13 2 Correction Period 13 12 Safety Representative 621 OWNER May Cori ect Def:ctive Woik 13 14 Scheduling the Woik 6 9 2 OWNER May Stop Woi k 13 10 Shop Drawings and Samples 624 Cost -- Shop Drawings and Samples Review of Tests and Inspections 13 4 by ENGINEER 626 Recoi ds If 7 C Site Cleanliness 6 17 Cost of the Woik-- Submittal Procedures 625 Bonds and insurance, additional 11 4 5 9 Substitute Construction Ivtethods Cash Discounts 1 1 4 2 and Procedures 6 7 2 CONTRACTOR's Fee 11 6 Substitutes and "Oi-Equal" IteruS 67 1 Employee Expenses I1 45 1 Supei intendence 62 Exclusions to i 15 Supervlslon 6 1 General 11 4-11 5 Survival of Obligations 6 34 lIomc office and overhead cxpcnses 11 5 Taxes 15 Losses and damages 11 4 5 6 Tests and Inspections 13 5 Matei ials and equipment _ 1 1 4 2 To Report 25 Minor expenses 11458 i Use of Premises 6 16-6 18, 6 30 2 4 Payroll costs on changes 11 4 1 Review Prior to Shop Diawuig of performed by Subcontractors _ 11 4 3 i Sample Submittal 625 Rccordsl 1 7 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4, 7 1, 9 4, 9 5, 9 11, 10 2,11 2, and machinery 11 4 5 3 11 9, 12 1, 13 9, 14 8, 15 1, 15 5, 17 3 Royalty payments, permits and Safety and Protection 6 20-6 22, 7 2, 13 2 license fees 11 4 5 5 Safety Representative 621 Site office and temporary facilities 11 4 5 2 Shop Drawings and Samples Submittals 6 24-6 28 Special Consultants, CONTRACTOR's 11 4 4 Special Consultants 11 4 4 Supplemental 11 4 5 Substitute Construction Methods and Procedui es 6 7 Taxes related to the Wei k 1 1 4 5 4 Substitutes and "Oi-Equal" Items, Tests and Inspection 13 4 Expense 67 1, 6 7 2 Trade Discounts 11 4 2 Subcontractors, Supplreis and Otheis 6 8-6 11 Utilities fuel and sanitary facilities 11457 Supeivision and Supeiintendence 6 1,62 621 Woik after iegulai hours It 4 1 Taxes, Payment by 6 15 Covering Woik 13 6-13 7 Use of Premises 6 16-6 18 Cumulative Remedies 17 4-17 5 Warranties and guarantees 6 5, 6 30 Cutting, fitting and patching 7 2 Warranty of Title 14 3 Data, to be fuinished by OWNER 8 3 Written Notice Required-- Day --definition of 17 2 2 CONTRACTOR stop Woik or terminate 15 5 Decisions on Disputes 9 11,9 12 �^ Reports of Diffci Ing Subsurface defective --definition of 14 and Physical Conditions 4 2 3 defective Wot k-- Substantial Completion 14 8 Acceptance of 104 1, 13 13 vm EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) NO CITY OF FOR I COLLINS MODIFICATIONS (REV 9/99) a Correction or Removal of 104 1, 13 11 OWNER's Representative Correction Period 13 12 Payments to the CONTRACTOR, in general 13 147, 14 11 Responsibility for Recommendation of Payment Article or Paragiaph Number Observation by ENGINEER 92 OWNER May Stop Woik 13 10 Prompt Notice of Defects 13 1 Rejecting 96 Uncoveimg the Work 13 8 Definitions I Delays 4 1, 6 29, 12 3-12 4 Delivery of Bonds 2 1 Delivery of certificates of insurance 27 Determinations for Unit Prices 9 10 Differing Subsurface of Physical Conditions -- Notice of 4 2 3 ENGINEER's Review 4 2 4 Possible Contract Documents Change 4 2 5 Possible Price and Tunes Adjustments 42 6 Discrepancies -Reporting and Resolving 2 5, 3 3 2, 6 14 2 Dispute Resolution -- Agreement 16 1-16 6 Arbitration 16 1-16 5 general 16 Mediation 166 Dispute Resolution Agreement 16 1-16 6 Disputes, Decisions by ENGINEER 9 11-9 12 Documents -- Copies of 22 Record 6 19 Reuse of 3 7 Drawings --definition of l 15 Easements 4 1 Effective date of Agreement -- definition of 1 16 Emergencies 623 ENGINEER -- as initial interpreter on disputeg 9 11-9 12 definition of l 17 Limitations on authority and responsibilities 9 13 Replacement of, 8 2 Resident Project Repiesentative 9 3 ENGINEER's Consultant -- definition of 1 18 ENGINEER's-- authority and responsibility, limitations on 9 13 Authorized Variations in the Work 9 5 Change Orders, responsibility for 9 7, 10, 11, 12 Clarifications and Interpretations 3 63, 94 Decisions on Disputes 9 11-9 12 defective Work, notice of 13 1 Evaluation of Substitute Items 67 3 Liability 6 32, 9 12 Notice Work is Acceptable 14 13 Observations 6 30 2, 9 2 91 99, 14 144, 14 13 Article of Paragraph Number Responsibilities --Limitations on 9 11-9 13 Review of Reports on Differing Subsurface and Physical Conditions 4 2 4 Shop Drawings and Samples, review i esponsibility 626 Status During Cmstruclion-- authoczed vacations in the Work 95 Clarifications and interpretations 94 Decisions on Disputes 9 11-9 12 Determinations on Unit Price 9 10 ENGINEER as Initial Inteipieter 9 11-9 12 ENGINEER's Responsibilities 9 1-9 12 Limitations on ENGINEER's Authority and Responsibilities 9 13 OWNER's Representative 9 1 Project Representative 93 Rejecting Defective Work 96 Shop Diawmgs, Change Orders and Payments 9 7-9 9 Visits to Site 92 Unit Price determinations 9 10 Visits to Site 92 Written consent required 7 2,9 1 Equipment, Laboi, Materials and 6 3-6 5 Equipment rental, Cost of the Work 11 4 5 3 Equivalent Materials and Equipment 6 7 eiroroi omissions 633 Evidence of Financial At rangements 8 I i Explorations of physical conditions 42 1 Fee, CONTRACTOR'S --Costs Plus It 6 Field Order -- definition of 1 19 issued by ENGINEER 3 6 1, 95 Final Application for Payment 14 12 Final Inspection 14 11 Final Payment -- and Acceptance 14 13-14 14 Prior to, for cash allovnnccs 11 8 General Provisions 17 3-17 4 General Requirements -- definition of 1 20 puncrpal references to 2 6, 6 4, 6 6-6 7, 624 Giving Notice 17 1 Guarantee of Work --by CONTRACTOR 630, 14 12 Hazard Communication Programs 622 Hazardous Waste -- definition of 1 21 general 45 OWNER's iesponsibility for 8 10 rx E1CDC GENERAL CONDI I IONS 1910-8 (1990 EDITION) w/ Cri Y Or FOR I 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 eSpecial, required byENGINEER 96 Tests and Approval 8 7, 13 3-13 4 Insurance -- Acceptance of by OWNER 5 14 Additional, required by changes in the Work 1 1 4 5 9 Befor e starting the Work 27 Bonds and --in general 5 Cancellation Provisions 5 8 Certificates of 2 7, 5 5 3, 5 4 11, 5 4 13, 5 6 5, 5 8, 5 14, 9 13 4 14 12 completed operations 54 13 CONTRACTOR's Liability _. 54 CONTRACTOR's objection to coverage 5 14 Contractual Liability 54 10 deductible amounts, CONTRACTOR'S responsibility Final Application foi Payment Licensed Insurers Notice requirements, mateiral changes Option to Replace other special insurances OWNER as fiduciary for insureds OWNER';, Liability OWNER's Responsibility Partial Utilization, Property Insurance Property Receipt and Application oflnsmance Proceeds Special Insurance Waiver of Rights Intent of Contract Documents Interpretations and Clarifications Investigations of physical conditions Labor, Materials and Equipment Lands -- and Easements Availability of Reports and Tests Laws and Regulations --Lairs of Regulations -- Bonds Changes in the Work Contract Documents CONTRACTOR's Responsibilities Correction Period defective Woik Cost of the Work, taxes definition of general6 14 indemnification x 59 14 12 53 58, 105 5 14 5 t0 5 12-5 13 55 85 5 15 5 6-5 10 5 12-5 13 5 10 5 11 3 1-3 4 3 63, 94 42 6 3-6 5 84 4 1, 84 84 5 1-5 2 104 31 6 14 13 12 11454 1 22 6 31-6 33 Insurance 5 3 Precedence 3 1, 3 3 3 Reference to 3 3 1 Safety and Protection 620, 13 2 Subcontractors, Supphers and Others 6 8-6 11 Article or Paragraph Number Tests and Inspections Use of Premises Visits to Site Liability Insurance-- CONTRACTOR's OWNER'S Licensed Sureties and Insurers Liens -- Application for Progress Payment CONTRACTOR'S Warranty of Title Final Application for Payment definition of Waive of Claims Liritations on ENGiNEFR's authority and responsibilities Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals -- Final Application for Payment Manuals (of other s)-- Precedence Reference to in Conti act Documents Materials and equipment- -furnished by CONTRACTOR not incorporated in Work Materials or equipment --equivalent Mediation (Optional) Milestones --definition of Miscellaneous -- Computation of Times Cumulative Remedies Giving Notice Notice of Clain Professional Fees and Court Costs Included Multi -prune contracts Not Shown or Indicated Notice of-- Acceptabi I ity of Pr of ect Award, definition of Claim Defects,13 I Diffciing Subsurface of Physical Conditions Giving Tests and Inspections Variation, Shop Drawing and Sample Notice to Piocced-- definition of giving of 135 6 16 92 54 55 53 142 143 14 12 1 23 14 15 02K 422 14 12 3331 331 63 142 67 167 124 172 174 17 1 173 175 7 432 14 13 1 25 173 423 17 1 133 627 1 26 23 E1CDC GENERAL CONDII IONS 1910-8 (1990 EDITION) w/ CI I Y OF FORT COLLINS MODIFICATIONS (REV 9/99) I 0 0 SECTION 00500 0 AGREEMENT FORMS O00520 Agreement 00530 Notice to Proceed L' a L 11 R Notification to Surety 105 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 Peiil policy form, Insuianc@ 5 6 2 Option to Replace 5 14 Article a Paragraph Number "Or Equal" Items 6 7 Othei woi k 7 Overtime NVoi k--prohibition of 63 OWNER -- Acceptance ofdefecove Work 13 13 appoint an ENGINUR 8 2 as fiduciary 5 12-5 13 Availability of Lands, iesponsibility 4 1 definition of 1 27 data, furnish 8 3 May Correct Defective Work 13 14 May refuse to make payment 147 May Stop the Work 13 10 May Suspend Woik, Tel ntiate 8 8, 13 10, 15 t-15 4 Payment, make prompt 8 3, 14 4, 14 13 perfounance of other woik 7 1 permits and licenses iequirements 6 13 purchased insurance requirements 5 6-5 10 OWNER'S -- Acceptance of the Work 6 30 2 5 Change Oi(lei s, obligation to execute 8 6, 104 Communications 8 1 Coordination of the Work 74 Disputes, iequcst for decision 9 11 Inspections, tests and appiovals 8 7, 134 Liability Insurance 5 5 Notice of Defects 13 1 Representative --During Construction, ENGINEER's Status 9 1 Responsibilities -- Asbestos, PCBs, Petroleum, Ilazaidous Waste or Radioactive Material 8 10 Change Orders 8 6 Changes in the Woik 10 1 communications 8 1 CONTRACTOR's responsibilities 89 evidence of financial arrangements 8 11 inspections, tests and approvals 8 7 insurance 8 5 lands and casements 8 4 prompt payment by 8 3 replacement of ENGINEER 82 reports and tests 8 4 stop or suspend Woik 8 8, 13 10, 15 1 terminate CONTRACTOR's services 8 8, 15 2 separate repiesentative at site 9 3 testing, independent use or occupancy of the Work written consent or approval required 134 515,63024, 1410 91,63,114 Xi UMC GENERAL CONDI rIONS 1910-8 (1990 EDITION) w/ CM OF FOR 1 COLLINS DIODII-ICAT IONS (REV 9/99) Article or Paragraph Numbei written notice required 7 1, 9 4, 9 11, 11 2, 11 9, 14 7, 15 4 PCBs -- definition of 1 29 general 45 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 5 1-5 2 Payments, Recommendation of 14 4-14 7, 14 13 Payments to CONTRACTOR and Completion -- Application foi PiogressPayments 142 CONTRACTOR's Warranty of Title 143 Fund Application for Payment 14 12 Final inspection 14 1 1 Final Parrient and Acceptance 14 13-14 14 general 8 3, 14 Partial Utilization 14 10 Retainagc, 142 Re iew of Applications for Progrc ss Payments 14 4-14 7 prompt payment 8 3 chedule of alues 14 1 ubstantial Completion 14 8-14 9 Wai er of Claims 14 15 when paynients due 144, 14 13 withholding payment 147 Performance Bonds 5 1-5 2 Permits 6 13 Petroleum— defininon of 30 general 45 OWNER's iesponsibihty for _8 10 Physical Conditions-- rawmgs of, in or relating to 42 l 2 EN INEER's re iew 424 e nsting sti uctures 4 2 2 general 4 2 1 2 Notice of iffering ubsutfacc ot„ 4 2 3 Possible Contract ocuments Change 42 5 Possible Price and Times Ad ustments 42 6 Reports and ravings 42 1 ubsurlace and, 42 ubsurfnce Conditions 4 2 1 1 Technical ata, inuted Reliance by CONTRACTOR Authorized 422 Underground Facilities— genet al 43 Not hown or indicted 43 2 Protection of 43, 620 xu Article or Paragraph Number hown or Indicated 4 3 1 Technical ata 4 2 2 Preconstruction Conference 28 Piclimmary atters 2 Pielinunaty chedules 26 Piemises, Use of 6 16-6 18 Pi ice, Change ofContiact I I Price Contract --definition of 1 11 Progress Payinent, Applications foi 142 Progress Payment--retainage 142 Progress schedule, CONTRACTOR's 2 6, 2 8, 2 9, 6 6, 6 29, 10 4, 15 2 1 Pi cct--definition of 1 31 Pro ect Repiesentati e-- EN INEER's tatus uiingConstluction 93 Pro ect Representau c, Resident--dclmition of 1 33 prompt payment by OWNER 8 3 Property Insurance -- Additional 5 7 general5 6-5 10 Partial Utilization 5 15, 14102 receipt and application of pioceeds 5 12-5 13 Protection, afety and 6 20-6 21, 13 2 Punch list 14 11 Radioacti e ateriak- defintion of 1 32 gencral4 5 , ONVNER's responsibility lot 8 to Recommendation of Payment 144 145, 14 13 Recoid ocuments 6 19, 14 12 Records, piocedures tot maintaining 28 Reference Points 4A Reference to tandards and pecificalions ofTechnrc.al ocicties 33 Regulations, aws and or 6 14 Re ecting Defective Woik 96 Related Work -- at Site 7 1-7 3 Performed prior to Shop Drawings and Samples submittals icvteta 628 Remedies, cumulative 174, 17 5 Remotal or Coriection ofDefecove Woik 13 11 tental agieements, OWNER approval requtred 11 4 5 3 replacement of ENGINEER, by OWNER 82 Reporting and Resolving DISCI epancles 2 5, 3 3 2, 6 14 2 Repoi is -- and Diawi ngs 42 1 and Tests, OWNER's iesponsibility 84 Resident and Project Representative -- definition of 1 33 provision foi 93 EJCDC GENERAL CONDI I IONS 1910-8 (1990 EDI PION) a/ CITY OF FORT COLLINS MODIf ICArIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's 62 Responsibilities-- CONTRACTOR's-in geneiat 6 ENGINEER's-in general 9 Limitations on 9 13 OWNER's-in general 8 Retamage 142 Reuse of Documents 3 7 Review by CONTRACTOR Shop Di awmgs and Samples Pi for to Submittal 625 Review of Applications for Progress Payments 14 4-14 7 Right to an adjustment 102 Rights of Way 4 1 Royalties, Patent Fees and 6 12 Safe Stiuctural Loading 6 18 Safety -- and Protection 43 2 6 16, 6 18, 6 20-6 21, 72, 13 2 general 6 20-6 23 Representative, CONTRACTOR's 621 Samples -- definition of 1 34 general 6 24-6 28 Review by CONTRACTOR 625 Review by ENGINEER 626, 627 related Work 6 28 submittal of G 242 submittal pi ocedures 625 Schedule of progress 2 6, 2 8-2 9, 66 629, 104, 15 2 1 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 15 2 1 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28, 29 Preliminary 2 6 Scope of Changes 10 3-10 4 Subsurface Conditions 42 11 Shop Drawings -- and Samples, general 6 24-6 28 Change Orders & Applivations for Payments, and 9 7-9 9 definition of 1 35 ENGINEER's appioval of 3 6 2 ENGINEER's responsibility for i eview 97, 6 24-6 28 related Wei 029 review procedures 2 8, 6 24-6 28 Article or Paragraph Number submittal required 624 1 Submittal Procedures 625 use to approve substitutions 67 3 Shown or indicated 43 1 Site Access 7 2 13 2 Site Cleanliness 6 17 Site, Visits to -- by ENGINEER 92, 132 by others 13 2 "special causes of loss" policy form, insurance $ 62 definition of 1 36 Specifications-- defination of 1 36 of Technical Societies, reference to 3 3 1 precedence 3 3 3 Standards and Specifications of Technical Societies 3 3 Starting Construction, Before 2 5-28 Starting the Woik 24 Stop or Suspend Woik-- by CONTRACTOR 155 by OWNER 8 8, 13 10, 15 1 Storage of materials and equipment 4 I, 72 Stucturai Loading, Safety 6 18 Subeen tractor-- Conceining, 6 8-6 11 definition of 1 37 delays 12 3 waives of rights 6 11 Subcontactors--in gencial 6 8-6 11 Subcontracts --required provisions 5 11, 6 11, 11 4 3 Submittals -- Applications for Payment 142 Maintenance and Operation Manuals 14 12 Procedures 6 25 Progress Schedules 26,29 Samples 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 6 24-6 28 Substantial Completion -- certification of 6 30 2 3, 14 8-14 9 definition of 1 38 Substitute Construction Methods or Procedures 6 7 2 Substitutes and "Or Equal" items 6 7 CONTRACTOR's Expense 67 13 ENGINEER's Evaluation 6 7 3 "Or -Equal" 67 1 1 Substitute Construction Methods xur E1CDC GENERAL CONDI FIONS 1910-8 (1990 EDITION) w/ CITY OF FOR I COLLINS MODIFICA7 IONS (REV 9/99) Article or Paragraph Number or Procedures Substitute items Subsurface and Physical Conditions -- Drawings of, in or rclanig to ENGINEER',, Review general Limited Reliance by CONTRACTOR Author ized Notice of Differing Subsurface of Physical Conditions Physical Conditions Possible Contract Documents Change Possible Puce andTunes Adjustments Reports and DI awings Subsurface and Subsurface Conditions at the Site Technical Data Supervision-- CONTRACTOR's iesponsibility OWNER shall not supervise ENGINEER shall not supcivitic Superintendence Superintendent, CONTRACTOR',, resident Supplemental costs Supplementary Conditions-- 672 6712 4212 424 42 422 423 4212 425 426 421 42 4211 422 61 89 92 9I32 62 62 1145 definition of 1 39 principal references to 1 10, 1 18, 2 2, 2 7, 42 43,51,53,54,56-59, 511,68 613 74 811,93,910 Supplementing Contract Documents 36 Supplier -- definition of 1 40 principal references to 3 7, 6 5, 6 8-6 11, 6 20, 6 24, 9 13, 14 12 Waiver of 10ghts 6 11 Surety -- consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Woik, OWNER May Suspension of Work and Teimination-- CONTRACTOR May Stop 'A'oi k or Terminate OWNER May Suspend Wei k OWNER May Teiminate Taxes --Payment by CONTRACTOR Technical Data -- Limited Reliance by CONTRACTOR Possible Pi ice an(] J nues AdJustincnt, Reports of Diffeung Sub,,ui face and Physical Conditions xiv 14 12, 14 14 9 13 101,105,152 5 1-5 3 634 13 10, 15 1 15 155 15 1 152-154 6 15 422 426 423 Temporary construction facilities 41 Article of Paiagraph Number Termination -- by CONTRACTOR 155 by OWNER 8 8, 15 1-15 4 of ENC NEER's employment 8 2 Suspension of Work-in general 15 Terms and Adjectives 3 4 "Vests and inspections -- Access to the Work, by others 13 2 CONTRACVOR's I espon sibil i I I es 13 5 Lost of 13 4 coveting Welk poor to 13 6-13 7 Laws and Regulations (01) 13 5 Notice of Defects 13 1 OWNER May Stop Woik 13 10 OWNER's independent testing 13 4 special, required by FNGINEER 96 timely notice required l3 4 Uncovering theWoik, at ENGINEER's Iequest 13 8-13 9 Timcs-- Adlusting 66 Change of Conti act 12 Computation of 172 Contract Timcs--definition of 1 12 day 1722 Milestones 12 Requu ement,,-- appcals 9 10, 16 clarifications, claims and disputes 9 11, 11 2, 12 Commencement of Conti act Tunes 2 3 Preconstruction Conference 28 schedules 26, 29, 66 Staiting the Work 24 Title, Warranty of 143 Uncovetmg Work 13 8-13 9 Underground Facilities, Physical Conditions -- definition of 1 41 Not Shown or Indicated 4 3 2 protection of 4 3, 6 20 Shown or Indicated 4 3 1 Unit Price Woi k-- claims I 1 9 3 definition of 1 42 gencial11 9 141, 145 Unit Prices — genet al 11 3 1 Deteimination foi 9 10 Use of Picinises 6 16, 6 18, 6 30 2 4 Utility owncts 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/ CI7 Y Or- hOR 1 COLLINS MODIFICA I IONS (REV 9/99) Variations in Woik--Minor Authorized 625, 627, 9 5 Article or Paragraph Number Visits to Site --by ENGINEER 92 Waivei of Claims --on Final Payment 14 15 Waiver of Rights by insured parties 5 11, 6 11 Warranty and Guarantee, General --by CONTRACTOR 630 Wat ranty of Title, CONTRACTOR's 143 Work -- Access to 13 2 by other s, 7 Changes in the 10 Continuing the, 629 CONTRACTOR May Stop Walk or Terminate 15 5 Cooidination of 74 Cost of the, 11 4-11 5 definition of 143 neglected by CONTRACTOR 13 14 other Woik 7 OWNER May Stop Woik 13 10 OWNER May Suspend Woik 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, tumor 3 6 Work Change Directtve-- ctauns pursuant to 102 definition of 1 44 principal ieferences to 3 5 3, 10 1-10 2 Wiitten Amendment— definition of 1 45 principal references to 1 10, 3 5, 5 10,15 12, 6 6 2, 6 8 2, 6 19, 10 1, 10 4, I1 2, 121, 13 122, 1472 Written Clarifications and Interpretations Written Notice Required -- by CONTRACTOR by OWNER 363,94,911 7 1, 9 10-9 11, 104,It2,121 9 10-9 11, 10 4, 11 2, 13 14 xv EJCDC GENERAL CONDI I IONS 1910-8 (1990 EDII ION) w/ CI I i 01 PORT COLLINS NIODIFIC Al IONS (REV 9/99) C 0 I C C 0 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 singulai and plural thereof i I Addenda --Witten or graphic, instruments issued prior to the opening of Bids which claiify, correct or change the Bidding Requucments or the Contract Documents 1 2 AVeeinent--The wrtten contract between OWNER and CONTRACTOR covering the Work to be pet formed, other Contract Documents aie attached to the Agreement and made a part thereof as piovided therein 1 3 Application foi Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress of final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos —Any mates ial that contams 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 pi ices for the Work to be pet formed 16 Bidding Docranenty--The advertisement 01 invitation to Bid, instructions to bidders, the Bid form, and the proposed Conti act 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—Perfomnance and Payment bonds and other instruments of security 1 9 Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion of revision in the Work, or an adjustment In the Contract Price or the Contract Times, issued on of after the Effective Date of the Agreemen, 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 ardor 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 F]CDC GENERAL COND19 IONS 1910-8 (1990 Minon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same ate more specifically Identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, 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 6 26 and 6 27 and the reports and drawings refened to in paragraphs 4 2 l and 4 2 2 arc not Contract Documents 1 11 Contact Price —The moneys payable by OWNER to CONTRACTOR foi completion of the Work In accordance with the Contract Documents as stated In the Agreement (subject to the provisions of paiagiaph 11 9 1 in the case of Unit Pi ice Work) 1 12 Contiact Times --The nunibeis of days or the dates stated In the Agreement (I) to achieve Substantial Completion and (it) to complete the Woik so that it is ready foi final payment as evidenced by ENGINEER's written tccommendation of final payment in accordance such pat agiaph 14 13 1 13 CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1 14 defective --An adjective which when modifying the woad Work refers to Work that is unsatisfactory, faulty or deficient In that it does not conforin to the Contract Documents, or does not meet the requirements of any inspection, Ielcrence standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's reconunenclation of final payment (unless iesponsibdity for the protection thereof has been assumed by OWNER at Substantial Completion In accordance with paragiaph 14 8 or 14 10) 1 15 Drawings --The drawings which show the scope, extent and character of the Work to be famished and pen formed by CONTRACTOR and which have been prepared or approved by ENGINEER and aie referred to in the Contract Documents Shop drawings are not Drawings as so defined l 16 Effective Date of the Agieenient—The date indicated in the Agreement on which it becomes effective, but of no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 1 17 ENGINEER —The petson, film of corporation named as such in the Agreement 118 F,NGINEER's Conyultant--A person, firm of corporation having a contract with ENGINEER to famish services as ENGINEER's independent professional associate or consultant with iespect to the Project and who is identified as such inn the Supplementary Conditions 1 19 Field Order --A written older issued by ENGINEER which orders minor changes in the Work in aLCOIdanCC with paragraph 9 5 but which does not involve a change in the Conti act PI lCe or the Contract Times K 1 20 General Regtareinenh,--Sections of Division 1 of the Specifications 1 21 Hazardous Wttste--The term Hazardous Waste shall have the meaning piovided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 1 22a Laws and Regulations, Laus of Regllattons--Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authontics and courts having Jurisdiction 1 22 b Legal Holidays --shall be those holidays observed by the City of Fort Collins 123 Liens —Liens, charges, security uitciests or encumbiances upon ical property or peisonal piopcity 124 Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date of time prior to Substantial Completion of all the Work 1 25 Notice ofAwaid--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 Contiact Times will commence to nun and on which CONTRACTOR shall start to perform CONTRACTOR'S obligatiom under the Contract Documents 127 0l1WER—Thc public body or authouty, corporation, association, firm of 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 --Polychlorinated biphcnyls 1 30 Petroleum—Petioleuin, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahienhcit and 147 pounds pei squaie 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 1 31 Pto7ect--The total comtruction of which the Woik to be piovided under the Contiact Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1 32 a Radioactive Matched--Soutce, special nucleat, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ C11 Y OF FOR I COLLINS MODIHCA I IONS (REV 4/2000) 1954 (42 USC Section 2011 et seq ) as amended from time to time 1 32 b Regular Work-utg Hours --Regular working hours are defined as 7 00am to 6 00pm unless otherwise Specified in the General Requirements 133 Resident Project Representative --The authouzed repicsentative of ENGINEER who may be assigned to the site or any part thet eof 134 5'anq)les--Physica1 examples of matetials, equipment, of woikinanship that are representative of some portion of the Woik and which establish the standards by which such portion of the Woik will be Judged 135 Shop Drawingr--All drawings, diagianis, illustrations, schedules and other data a uifotmation which aie specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to Illustiate some portion oftlie Woik 1 36 Specifications -=Those portions of the Contiact Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and woikmanslup as applied to the Work and certain administrative details applicable thereto 1 37 Subcontractor --An individual, firm or capoiation having a direct contract with CONTRACTOR or with any other Subcontracloi for the performance of a part of the Work at the site 138 Substantial Completion —The Work (or a specified pact thereof) has piogiessed to the point where, in the opinion of IiNGfNEER as evidenced by ENGINEER's definitive ceitificate 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 ceitificate 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 paiagraph 14 13 The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion theicof 139 Supplemewai), Conditions --The part of the Contract Documents which amends or sit pplements'these General Conditions 140 Supphei--A manufactuier, fabricatoi, supplier distnbutoi, matei ialman of vendor having a direct contiact with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR of any Subcontiactoi 141 Undetgiound Factdaes--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels of other such facilities or attaclmrents, and any encasements containing such facilities which have been installed underground to furnish any of the following scivices or I c it 0 �j W 0 o C S Y, �1E �r N materials electricity, gases, steam, liquid petroleum products, telephone or other communications cable television, sewage and drainage removal, traffic or other control systems or water 142 Unit Price Work --Work to be paid for on the basis of unit prices 143 fi'ork--The entire completed construction or the various separately identifiable parts thereof Icquired to be furnished under the Contract Documents Work includes and is the result of perfomnng or furnishing labor and ftirmshing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents 144 Rork Change Directive --A written directive to CONTRACTOR, issued on or after the Eflectivc Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unfoieseen physical conditions under which the Work is to be performed as provided in paragraph 4 2 or 43 of to emergencies under paragraph 623 A Work Change Directive will not change the Contract Price or the Contact Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract ]'lines as provided in paragraph 10 2 1 45 Witten Aniendnient--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineenng or nontechnical rather than strictly construction -related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MA'rTERS Delivery o(Bonds: 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies of Documents: 22 OWNER shall famish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work Additional copies will be furnished, upon request, at the cost of reproduction Commencement of Contract Tintes; Notice to Pi oceed: 23 The Contract Times will commence to rim on the thirtieth day after the Effective Date of the Agreement, or, E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS NiODIFICA1 IONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agicement— In ne—evetrt—droll the Co:,t.^ e Lon mei ce-to-mri-later-than-the sixtieth day afler-the-clay of 34d opening r the t>,unetti day Aer-the-FineetFye D^te ofthe-AAgr,eemcnl, wineheverz ate-H-ea14iet- Starting the Work: 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times continence to run, but no Work shall be done at the site prior to the date on which the Contract Tunes continence to run Before Starting Construction: 2 5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and 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 interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for fa luic to report any conflict, error, ambiguity or chserepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review 2 6 1 a preliminary 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 of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2 6 2 1 In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer 2 6 3 A preliminary schedule of values for all of the Woik which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component paris in sufficient detail to serve as the basis for piogress payments during construction Such prices will include an appropriate amount of ovethead and profit applicable to each item of Woik 2 7 Before any Work at the site is started, CONTRACTOR and OWNER shall eaA deliver to the other OWNER. with copies to each ^ate a�;o ak insured identified-m-the Supplementary-Eonditiens ENGINEER, certificates of insurance (and other evidence of insurance Whlen—crti"• Of thAM OF any —additional —; ns iced —may reasonably -request requested by OWNER) which CONTRACTOR -and' ^"� P JNER-i— p tti,e"ie is required to purchitse and maintain in accordance with paragraphs 5 44, 5 6zand Preconstruction Conference: 2 8 Within twenty days iflei the Contract Tmics 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 mamtauung requited records Initially Acceptable Schedules: 29 Unless otherwise provided in the Contract Documents, a44ea^= n-+'�.--beforr st+bn*,gston-eEthe first iteafie Orznayinent before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appreprtate designated by OWNER, will he held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2 6 and Division I - Gcneial 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 schcdulmg or progress of the Work nor mtcilere with or relieve CONTRACTOR from CONTRACTOR's fiill 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: 31 The Contract Documents comprise the cntilc agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary, what is called for by one is as binding as it 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 GLNERAL CONDITIONS 1910-8 (1990 E(mon) wl CITY OF FORS COLLINS MODIFICA I IONS (REV 4f2000) describe a functionally complete Project tot part thereof) to be constructed in accordance with the Contract Documents Any Work, matey rats or equipment that may reasonably be inferred fionn the Contract Documents or from prevailing custom or trade usage as being requited to produce the intended result will be furnished and performed whether of 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, ❑mateuals 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 ENGINE'^ER is provided in paragraph 9 4 3.3. Reference to Strntdwds and Speetftcatioiiv of Technical Societtes, Reporyrnq and Resolving Discrepancies. 3.31 Reference to standards, speufications, manuals or codes of any technical society, organization or association, of 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 weic no Bids), except as may be otherwise specifically stated in the Contract Documents 33 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 perfoiniance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier reteiied to in paragraph 6 5, CONTRACTOR shall report it to ENGINEER in writing at once, and. CONTRACTOR shall not proceed with the Work affected theteby (except in in emergency as aulhoriz(d by paiagi aph 6 23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 of 3 6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to ieport any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew of reasonably should have known thereof 33 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 umstruction (whether or not specifically incorporated by reference in the Contract Documents) or 0 0 LI C k10 F no lit n 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) 3 3 4 In the event of conflicting or ambiguous provisions within the Contract Documents specifications will take precedence over the drawings and addenda will take precedence over both Notwithstanding the foregoing, the mote specific provision will take precedence over the less specific, flee more stringent will take precedence over the less stringent, the more expensive item will take precedence over the less expensive On all drawings, figures take rp ecedemce over scaled dimensions Scaling of dimensions, if done is done at the CONTRACTOR'S owm risk No provision of any such standard, specification, manual, code or Instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, not shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duly or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9 13 of any other provision of the Contract Documents 34 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" of terms of like effect or Import ate used, or file adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import ate used to descitbe a requirement, duection, review or lodgment of ENGINEER as to the Work, it is intended that such requuenment, direction, review or judgment will be solely to evaluate, in general, the completed Welk for compliance with the requirements of and infomhation in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless theie is a specific statement umdr(,ating otherwise) The use of any such term of 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 of authonty to undertake responsibility contrary to the provisions of paragraph 9 13 of any other provision of the Contract Documents Amending and Supplementing Contract Docmnents: 3 5 The Contract Documents may be amended to provide foi additions, deletions and revisions in the Work or to modify the terns and conditions theicof in one of mole of the following ways 3 5 l a formal Written Amendment, 3 5 2 a Change Order (pursuant to paragiaph 10 4), or EJCDC GENT AL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF I OR1 COLLINS MODIFICATIONS (REV 4/2000) 35 3 a Work Change Directive (pursuant to paragraph 10 1) 3 6 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Woik may be authorized, in one or mole ofthe following ways 3 6 1 A Field Order (pursuant to paragraph 9 5), 3 62 ENGINEER's approval ofa Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27), or 3 63 ENGiNEER's wiitten interpretation of clarification (pursuant to paragiaph 9 4) Reuse of Documents. 3 7 CONTRACTOR, and any Subcontractor of Supplier or other Pelson or organization peifoLrning or furnishing any of the Woik under a direct or indirect contract with OWNER (i) shall not ha%e or acquire any title to of owncislup rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (it) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvailabilitF of Lands 4 1 OWNER shall fuinish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such othei lands which are designated for the use of CONTRACTOR Upon lease nable,-^^-i hest, O.mxir.i>,-diln9t GONT-14 A'C-TOo t Stiatenhe^tin-of-'rcc6ti tle •t�:rtle_all i,,,•••i ,ie..,.. ..t.,... ,.0 .he lands upon wh- he 144-)rk hp. OWNER's-interest-therein as necessair+ or-gwmg-notice eff—et—frltrig—i—i„� - is :;e;T-agamst such— lands —.,, aeeer-dance with --applicable Laws and Regulation-, OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in peifornung the Work Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agice oil entitlement to or the amount or extent of any adjustments in the Contract Price of the Contract Times as a result of ally delay in OWNER's furnishing these lands, rights -of - way of easements. CONTRACTOR may make a claim therefor as provided in Articles I I and 12 M SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 8th day of April in the year of 2002, and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and QVogel Concrete, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 AGREEMENT RENEWAL & WORK 0 11 Renewal This Agreement is a renewal of the Agreement entered into between the ' parties on the 21" day of July, 2000, entitled Specifications and contract Documents for Concrete Protect, Phase II, Bid No 5522, City of Fort Collins (hereinafter called The 2000 CONTRACT) and all portions of the 2000 contract incorporated into this Agreement by reference herein shall be read and interpreted as if the same were attached hereto This renewal is authorized pursuant to Addendum #1 Contract Documents, of the 2000 CONTRACT This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until July z 31, 2003, unless sooner terminated as provided by the Contract Documents ARTICLE 2 ENGINEER The Protect has been designed by City of Fort Collins, Engineering, who is hereinafter called a ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents 91 ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within 70 days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 75 days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 31 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities oI storage of nnateials and equipment 42 ,Subsurface and Physical Conditions: 42 1 Reports and Drawnigs Reference is made to the Supplementary Conditions for identification of 42 11 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 421 2 Phyvicrl Conditions Those drawings of physical conditions in or relating to existing Surface or subsui face str uclul es at of 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 di awings are not Contract Documents Such "technical data" is identified III the SupplementaryConditions Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against ONNINER, 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 mfonnation contained in such reports or shown or indicated in such drawings, or 4 2 2 3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4 2 3 Notice of Differing Subsurjace of Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at of contiguous to the site that Is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially inaccurate, on 4 2 3 2 is of such a nature as to require a change in the Contract Documents, of 4 2 3 3 dithers materially from that shown of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wt CITY OF tOR l COLLINS MODIFICA 1 IONS (REV 412000) indicated in the Contract Documents, of 4 2 3 4 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 nninednately after becoming aware thereof and before further disturbing conditions affected thereby of 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 drstuib such conditions or per form any Work in connection therewith (except as aforesaid) until receipt of wi itten order to do so 4 2 4 LNGINEER'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 4 2 5 Possible Contract Docianentr Change if ENGINEER concludes that a change in the Contract Documents its 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, of tune 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, 4 2 6 2 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, 4 2 6 3 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Puce will be subject to the piovisnons of paragraphs 9 10 and 11 9, and 4 2 6 4 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4 2 6 4 1 CONTRACTOR knew of the existence of such conditions at the tune CONTRACTOR made a final cormnitinent to OWNER in respect of Contract Puce and Contract Tunes by the 0 K i K K, l ^�l R submission of a bid or becoming bound under a negotiated contract, or 4 2 6 4 2 the existence of such condition could reasonably have been discoveied or revealed as a iesult of any examination, investigation, exploiation, test or study of the site and contiguous areas iequired by the Binding Requmenmenls or Conti act Documents to be conducted by or foi CONTRACTOR prioi to CONTRACTOR's making such final commitment, of 4 2 6 4 3 CONTRACT OR failed to give the wi dten notice within the time and as requited by paragiaph 4 2 3 If OWNER and CONTRACTOR ate unable to agiee on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made theicfor as provided in Articles i 1 and 12 Howevci, OVTIER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR foi any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Condamnc—Underground Facilities 43 1 Shown or Indicated The mfoi nation and data shown of indicated in the Contract Documents with respect to existing Underground Facilities at of contiguous to the site is based on information and data furnished to OWNER of ENGINEER by the owners of such Underground Facilities or by otheis Unless it is otherwise expiessly piovided in the Supplementary Conditions 4 1 1 OWNER and ENGINEER shall not be responsible tot the accuracy of completeness of any such information or data, and 43 12 The cost of all of the following will be included in the Contiact 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,(in) coordination of the Work with the owneis of such Underground Facilities during construction, and (rv) the safely and piotection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work 4 3 2 Not Shoum or Indicated if an Undeigiound Facilibi is uncovered of revealed at of contiguous to the site which was not shown of indicated in the C011tiaet Documents, CONTRACTOR shall, promptly innedtatety after becoming aware thereof and before further disturbing conditions affected theieby or performing any Work in connection therewith (except in an emergency as tequired by paragiaplm 6 23), identify the owner of such Undergiound Facility and E]CDC GENERAL COMI PIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICAI IONS (REV 4/2000) give wutten notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Undergiound Facility and determine the extent, if any, to which a change Is regmied 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 piovided in Article 10 to reflect and document such consequences During such tune, CONTRACTOR shall be responsible foi the safety and protection of such Underground Facility as piovided um paragraph 6 20 CONTRACTOR shall may be allowed an incmease in the Contract Puce or an extension of the Contract Tmics, or both, to the extent that they are athibutable 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 If OWNER and CONTRACTOR are unable to agree on entitlement to of the amount or length of any such a(ijuetment in Contract Price or Contiact Tunes, CONTRACTOR may make a claim therefor as provided in Articles i I and 12 However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR foi .my claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project of anticipated project Referent e Points. 44 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to pioceed with the Work CON TRACTOR shall be responsible for laying out the Woik, shall protect and preserve the established reference points and shall make no changes or relocations without the puoi written appioval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost of destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 45 1 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, hazardous Waste or Radioactive Material uncoveied or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons of pioperty exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such mateiials biought to the site by CONTRACTOR, Subcontractors, Supphels or anyone else for whom CONTRACTOR is responsible eA C q r�-�^ T WOtk !;3 e0:,ne6tifflH will] such I]a rdens-c-e3]d3iteH and in any-area-a€feeted4hereby--(except-u3-air-e3]]erge33ey as required by laaagiaph621,11, and 1.0-Hottfy n\xn i�r NER and ENGINEER —(and EER—(and tI...`eafttF-e&nff ni suer"rn b nsx Nlcn ^ "n fy "••1-m�mc�: tom' F.�:vR-C-BHeeP1]Itig-t}32-HeeeSSt{j'-far 0-11AI ER In retain a qualified expeFt-to-evaluate-sash l 4 .1 . t ke t.... rrtrcarvods--cin.vnvn--vr-carzciericc�rv� :etteR-tf-any- rnNrTD n rT0 hall .+ t be i d cvrrr'iv�-virmcnr„oi��-. egiatec.-t�,�est++t]e- 4�e3-k n uneetion wit}]3tte1]-hasardous soHd3t18n-t r u3 any suer"rR f a ��H l kf 4tas-ebtinued an), required pecan s elated thereto-f udc deltveied-io rnTrro nrTno " .^1 ....tt„H�i�specifying it'iacrt�acl;--cvnd Vti eH-and-any-a f%6t.,vv-araris-ei--has-bGer3 endezd sa, fn the-�ien-ef--Work, --ei (H)-spn. ,,fig s3]y speEial-eeudi}tens raider-wlueh-stick Wei kE-inay-be-i esumed-safely--IT--O WNC�and COTITD TO nrt -n--agree-as-Ee-eat3i to -of l.e te.,t ,.f .i t. tm,�...vnm-vr•-c c.ciR�.�s n-avjv�. ]ielil, ! --any-iH C-entract-I etc or Eentrast-T-.n e, as a iesuh-of=sueh Wei-k-steppas o � y +al eat3thttons-tiode-rMuch Wer _ee,i t,. G9N:rD AA.�'rnD to-be-reSUBWd: warty may +rialEe a c4aHi] ttie3efer as p3 ov3ded 3n AEI. I I and 12 4 5 3 if Re-r-rev^ o^lh--stectal-written-i]one-e rGONTIP ^��T-O'�doc hie te-resutr arch -work based-on-ii-real ,^,o blebelief t is unsafe, er does agree -to -resume Wiei k t+Hder-sash-spec al coin 1iLloons t}]e+. OWNER may o theefl-tl.at-.T.=rzoHHectiei]-withh-sueh-h.rzm+fous eondition or in eh ff , tad area to deleted -from the-W or1�TrFr n`�:RP�-a3]cl-EON4=ltAGT 9i�-eaHHoi agree_a,,_te-et]tfdeni�he-aniou33t-ei ex ent of in adjust H]ent, rf-any, in Co nt.aet-�r-Centraet-Tcries asa fmesutlt of then �•t•in:j' ARE] -a AWc^lP.s-}i-ar.fl ' -w NE.�C-nifty--}rave-sat,-li-flE'ICied pert{on of­thC-WorlFp� F oh�y13x7"iER's O;:n forseaer�„�r.T :iracsoi�aae®-wtt,;z-., �,�.� 4 5 4.- Te4he-fid4est--�rramed by L-aws and Rega}atonsi� shall- tadei a&f--arid-hold hattiil . S Ge\T?�AcETn� vPcry ih863itraEi814 ENvPl£'`ix; i`rfvxNEEcs--conovitirrno—aui..—nhc offieers, dtreetors, er ^le}ees, agents, of Last" 1 bef h 1 F co'r',sfi,ra=�=ate=,v--s'wcv y-sa--cacr.�ait)�an them -firm and-against-ala -sla s-saris losses and damage-=i;;slHg-rut--ef�ir---result.ai, f�-^^�r-st�l; hatardeusc�txl+t3e3 vdedz; ate i a e aH i, lest less er ElaHiage--is-rttrtbutable-to-bedtty--H]}Hry; 4 death, to 1 .ntc4 S3crtirc�,s-m,�^cvSc-vr-vemrr,-m'--�v-FH}}try-t9'A.�c S�*�av�38H 8f�z^.tisimc�irpc r<nc-.—�aml eluding the loss of use resulting _theref3om-and ^ Et=rt=ed�=na�==sat-th{s-subpar�,li- ,�-T,an�bl+gate nixrNlru t,. �rrn.-.�.o-H] ?iHt tsoH-e3-sH agamsi--ihe� oHseg t3e3tees-ot-that-pe+sen�-o3-el itii y's own-Hegligence- n S C -Trn�,irwstelts-e r I.., 1 4 7 and 4 1 3 ate, not-traended PetraletHiY Havardeus W-rite ei Raihoactive Material uncovered or-ievealed-at-the site - EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition) w/ CITY 0I7 FOR I COLLINS NIODIf ICA I IONS (REV 4/2000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Otter i3onds: 5 1 CONTRACTOR shall fuinish Perfoiniance and Payment Bonds, each in in amount at least equal to the Contract Pi ice as security for the faithful performance and payment of all CONTRACTOR's obligation 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 otherwisc by Laws or Regulations or by the Conti act Documents CONTRACTOR shall also fiirimh such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Conuact 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 Ccrtdicates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Renisuring Companies" as published in Circular570 (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 5 2 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 of 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 5.3. Licensed Suiethes and Insureis; Cernftcatev of Invitrand e: 53 1 All Bonds and mswance required by the Contract Documents to be purchased and maintained by OWNER of 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 msuied identified in the Supplementary Condition, 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 deliver--te--GOl�T-RACT-OR, witlh-teptes--ta-each addn+anal-tnutred-+deuHfied-tn-the-Sct�leme3]tary Conditions, eetmsates-of insuraHee- (and —other evidence -^off in uranee-requested b GONTR n CTOR or any other additional ed)-wi]ich n\A-n-vac-1 Fequired-too-Tu ehase-at d man] tam-nz3Cooi dancce-w m paittgraphs-5 6-and3-7-1]ereef M CONTRACTOR's Liability Insurance: 54 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropnate for the Work being performed acid firmished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable 54 1 claims under workers' compensation, disability benefits and other similar employee benefit acts, 5 4 2 clauns for damages because of bodily uyury, occupational sickness or disease, or death of CONTRAC I-OR's employees, 5 4 3 claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees, 5 4 4—datums for damages insured --b--er,stemary person it rbttNy-eeverage .. hi stiuned- ( a resit-efraja-oft �tfy or itrdtreedt L re{ated-to-the e-rnpleyrmei efistWh7[`ref%on-by GONT n r (it) by all),other other ieason, 5 4 5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom and 5 4 6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9, include as additional insureds (subject to any customary 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 wi aten for not less than the limits of Lability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5 4 9 include completed operations insurance, E]CDC GENERAL CONDI I IONS 1910-8 (1990 Edition) w/ CITY OF tOR I COLLINS MODIFICATIONS (REV 4/2000) 5410 include contractual liability insurance covering CONTRACTOR'S indemnity obligations under paragraphs 6 12, 6 16 and 6 31 through 6 33, `_i 4 11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refirsed until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the tertiticates of insurance furnished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide), 5 4 12 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13 12, and 5 4 13 with respect to completed operations insurance, and any Insurance coverage written on a claims -made basis, remain in effect for at least two years alter final payment (and CONTRACTOR shall fitrnrsh OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has bear issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year theieafier) O WATR's hiabdrty Insur ance 5 5 Ill addition to insurance required to be provided by CONTRACTOR under paragraph 5 4 OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own Lability insurance as will protect OWNER against claims which may arise from operations under the Contact Documents Property Insurance 3-6--1-In less-other�vrse-provided-m-the-$ttpplemeatary E on&io ns, OMINrz, � haf;—purchase--and—nia+ntaro preperty-insure'Inc-e-upen4he-Wer3 (tire -site in time-anieunt ofl the full repliteement-cost thereof (subject in eh deduebibl amot;nts�ay---be--prervded in the Suppler3menter-)---ondrtons-or--requned-by-L-aw,% acid Regttlatiorrs) T4iis-msuranee-lyhatl- 3 € 1--tmelude—th nnterests of cn Ct3A1-T-R4ETOR, Sven^ ' rTrrr rcrn' { FJCINrri�D=�fConsultarttti and airy--ether-per-sett^, et entities identified in the Suppementary Conditions eae-li of-whatTHs-deermed to tnave-am-test:able-nnerest and-sha".r listed-as-aii-msured or a itional instiFed; §H-2—be�vr+tten en a I3uilder s Risk all r7sk—or epeil-petit-errs{iec-h4-Cau5e-, pol+ey-fermrthat shall at east inelude insuanee for-phystsal--Iess or dafnage the Were. t,...,porar buildings, c r . � ania Wol-"nzt sit and shall insureagani4t^t--Ieast the follewaig—perils—fire—Lglitmrrig ex ended 0 Baft}2qualEe� E61ia13.,e, ,1e�2niwal�:eii;v:}t}en eeeastel?ed-by-enfelee}ne12E-of-bawl-and-Regal ateens; water -d=1}Wage;--rN?d--sttel}--et�2ee--pert15�2�-n?a}`-l?e speeifiei afy raga}Ied by�be�u1�lmre; a nd}t}e}?s 5,v3—=„'r,cmde experiws-tRett}red-ni—'he-reparr o rcffIfteet ent-of it" ^dam-cdp^io^peFtn7`Z;i=eiNdlt2g--bNt-H9t hunted -to fees and -eharges-of evigmeets at)d arc-}t+tec-Es} 5 64-eovet-materralsa??d-egtupn?enI stered-at-the-slto It. ...^.. It. ed 1^ rrll..,e, 1, cjr-at-aue.,,2i-.aea==o=ra=a.=da�vgrc`ca-=o-v.�'^�mS�Y Ot�',mere-prior-te-berug-tnGetperitted •" 1-ar-cl?e Ale} -IF preY}ded-f#at- sNc-lt-u?aterittfs-and-equ+prt2eut-haYe�eeu �•e•lncnxde-d in all A....Le...Ld,.. F D.,.,. iciitzeEviiii?tei aed TT-lifitteation .-F Iayi` by CNGIr.r,-.EER7and 3 63 be inainin2ried }?t e€teEt u}2tii-final -payment-ts inade uue%-otherwtse-n=ntgreea-- In writing -by "Fty-days'--wtiit tout t o`;er�delrHenal m,;tned-to-wieni--a--LeFtlficate Of HISL;=•a==0e has-been tssued- 57 O� rNER shall-pufehase-r ?d-mautfa}}? Nci2 66}let end�nael2mer-y-n�,�t,r.,.., Ladd+Nertal-preperEy-+ttsttra}�e 3S-itiaj-bc-r.',q'vi:2d-ljy--fllC�iNpple}•• f1•�^�'a5-ek L,awS-_al?d n^e�whichwill .l mel}sde the-}}}te est-, of ntx/r.rr1T , G N--TRAC- T-Q"ubecil2traete_s r� �r_rntr.>� ,Rltants-ant}-any-c}thc:r-person.,-�,r-ett:t.es idedl.r� ed-,_. ,h e-cttppleu}entarj%Cond}tions,-ea6h-e . om }s-deein„el I�1,,.a`.c-a., ;n9tii-able-rntela>st-alt�'Q-,l?all-oe�,tc-das an -insured -or -add ttiona"isured- nn the policies r...e. i^. rv=-sr�pvnc-.aTerarucrm-i*itiZarl e-C2 fCS-el' vr-rnrE�mcnPP thereE30--requited to be -rtc.sca,--a}rz, +t?au2tatt}cd-by-O WI>IEI�} n-aeEotelanee-wttH-paragrapbs3-6 and 55 7 ill-centam a pleYt:.ro}2-ef-et}dersement4hat-il}e coverag Ill berme celled-e} r}�lerially change(! t or Fenew- Lfased{N}til at east thNr4y-days-pHs} iYHtle.?—noliep,--It-a- �ci'r-b1Y1e�nO R and GONTo Ar�antl_t6-each-et[n`t'-=]dd}tkertal-tflsnCed-te whoa -a ee}#rfc-ate of=r}?suranc-e-has-been-Isstted-and-wl}I eBntam WaRler-�rewsler}s tu-aao da ce f12 paragiaph 5 11 59 OWNER shall not be responsible for puichasmg and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the VIM( tR the e)ae,"t ^^"-f m -eiv`lv'uet:mle-aii ^••ivm is that }de.Y &n d-m-the-Supplementary Eendltielis-7lte risl�o€ lo^^a�vr' 'lalirir8dch-:dent. r..,�7 'l^al'u Ht@ h, ran T-RAGXOR;�trbEetin`aeter-er-ethers-su-t%ri}2g-any ^lacrrl�. Ta;=d-:f--atiy-6f-them ` •Sh^n�x�`^�eFt7y'-HISUFa:tee ew. er she--lrmits e��usk uu2ouuts-eaeat may pureltase-and-malutain-tt at-die-puteltasc�ds ewnt�tpense 544—ffEON'CRf1CfOR requests rn wr}tiug that oNiel suranee pv ``e:es--provided trader-�hs4 6 OF 5 7 Otxrnrru sl2aN-1,f ^P�.sro �a el�d �;R zt rn;Q:anee, and the east there^faf..r`ll-be-cliafged-to-GONTRACTOv h. ^ppropr}ate 8hange--Order--or--Wlrtten-Aine}?dment P-rloi-to l EJCDC GENERAL CONDI PONS 1910-8 (1990 Edition) w/ Cl FY OF FOR I COLLINS MODIFICATIONS (REV 4/2000) eoint =cnc nn^�" ent Rftl'^ unc Work at the site. OWNER.hall �raitingAdvise�0 T€9sYhet]?er--er t?el-sash-etl2sr a2sui-anc-e has-beerrproemed-hy-OWN R� 544 1 OurnTco I C-ONTo GT-OR-lufend. h t4-aN rmm�+��nC.-cvm-=m p^.,ehe.es,�sed III aecoF ance withpatagraphs-G ,A 47wi l-01'1TO rw edxA � rrrr_rnru n1r_rnrr_rn:2traEfers �.a�ERc, E��cs GOFIf� 1.=ti.istS-at}d 'tar:-vtbe:-pe,"-is^nrsvl�'}lf#fle!ridet2frfied in the �Npplerxenf=�:�erxirtiet?s fo be-Itsted is IFISHFRds or add=t;enal nnsureds-u2 sasl2--pe'hew-,-and 2+r4ii--pF6Y+(ie--pHnh?F"y-t-Ovelz` ^-lasses--:t}id 2nages-Eaused-�h--Ihe-pef„,; covered-♦heleby—A N . the-ave neitt of a ,ania elate ayt uY-lo.�or-s=====as n?surers-wd14iave-no-rights f-reeovei-yagaI}2st-any-of the--rust}reds-- add}1tonal-insureds-thereunder OWNER-a+2 is against each �rl l,--il?e:r—rc�pEEiivo---et�lEet-�, dneetor e;and agents -fir -all asses and da}.gages-eaased-by-anstng-ottt of er rasa#mg frci:2t an), F the-perri3-ci;Ycre`ti.�y-�ixv-l:-j�elic^ic^-S-and ry bl-ar Other -prep ,"vatlanee-appheae to the-WerlF-arid; in--addN}on, w.uve all s rights ag�t}}2 t SubcontfaEters. @NOINEER, ENr6fNELR's 6onsu4taats-andl ^ Ira f o heaps:. o -ent w,,idenn ied the c.... e. .^ he, h...^,1 :irmc-oap ?enf itf}er'rr-ro--oc-crnco-ii{i utsu:firs-or-add:l`^•1onalfli-S e 5nuc=er-;R�;-pees ter losses, and dar gage:-so-,&mKed t� None of--the-above waivers shall at--tk.-th� iws Iti. �y mal�.g-;ric-l2-vtr,• ver�ztay -lia ve-to--fate-preeeEds-of msrtrand 4?ek# by OW#EF2 as Erusfee of oH?erase payable tmdeF-ftny-pehey-,,e -rr- in addition, OWNER "awes all r=Fight,; agara^,tCON-'FI�AUF91�ot�eontrac-tow, ENno^rr;EE,�EI�-tfNEl��Rs--Eensulfa.';-ra;''��'te them, f mc}ir.vr- 5-t-1 ''zi—i tie business m ertdptm Tl&5 €-use-or -outer--eensequent+al-4loss-ex4endn?g beyond Fit eei—przyncai—ioi:r--v^�vari'xagc^—to^ O)AWER's property oi the Work eaused by, ,irrsn?g-oat-�?%.-rc^-�'alrtu�rg iio= :-�irrt^-er-or1' l; `nc=-pc'rl iYnetfter Of 114r'R',^.�a t„ -O03AI rr. • , and losses}-dar--^^the eempleted nv`ejcc'i�rp� " iereof ,d. cd�-r5:iig-out6€-o.r feStilung-€runt-tlie or-etl C-F-4 rv-purl-Cv^"vcrcfl by-any--proPerty insufanee Frianite.ned-en-the completed i foJeEE et part tlteree€ liy-OWNER during —partial utilizationpursuantto patagrat'h 14 1n0, after Sub..4at,ttal en pufsiuutt to -par igraph l4 %ter aA�r #final p tyuteiit pwsuant 4 e p ra g ia p h 443 n?sr� i e lr� -y- r} 2a +n an7l^a,-aainage ^.ov r lns fWagrai 5,a- '.: �'-Shall c-onfain pr6ivsk6:: z at in the, event of payment of a .e.hAesss--damagc-�r consequentta)-loss-t 4te-Insure} s-�rdl-have-rto-rights-o€ ho f� K K I� L� C 01 reC�uery ega+tl5t any 6f�91'ITo n r. .1, ubE(rRwaeter$ ENGINEER,r. li;;INEEn,,. Eornsul{ants--arid-{he-©(Trec�rs; dtreetors, em )lEy+eeq and -agents -of -any -of -their Receipt and Application of btsurant e Proceeds 5 12 Any insured loss under the policies of Insmanee required by paragraphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the Insureds, as then interests may appeal, subject to the requirements of any applicable mortgage clause and of paragraph 5 13 OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreenment as the parties in interest may reach If no other special agreenienthis reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost theieof coveted by an appioprtate Change Oidet of Whiten Amendment 5 13 OWNER as fiduciary shall have power to adjust and settle any loss with the Insumers unless one of the parties In interest shall object In writing within fifteen days after the occurrence of loss to OWNER's exeicise of this power If such objection be made, OWNER as fiduciary shall make settlement with the insurers In accoidance with such agreement as the parties in Interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and[T-tf-� in citing by -any -par" interest, OWNER ds, enduct Fy-shall-give- hot d-for-blte proper perfunnanee a; sueh d ties Acceptance of Bonds and Insurance; Option to Replace: 5 14 If erbei,-party--(QWNE I OF CON FR-ACT-9R) OWNER has any objection to the coverage afforded by or other provisions of the I3on4s er insurance mequired to be purchased and maintained by the other —party CONTRACTOR In accoidance with Article 5 on the basis of non-conformance with the Contract Documents, the �bject+ngparty shall so-notify-tho-othar party OWNER will notify CONTRACTOR in witting within {en fifteen drys after receipt delivery of the certificates (or -other -evidence requested] to OWNER as required by paragraph 2 7 OWNER T r r n ra o n r• rn, hail�aefrl+revide to time 'tea +en rn�espeet�f +nsiirance provided as-the--ether-may reiiseitably-request---i -either part does-net--pufz�iauatam-all-of4ie-Boncls-and ikY�C tieh part, b the Centfaet Besutn>ents such part} shall noti6, the-ethet-paiky-in writingofsue ln-fatlere4o-pureliase-pr-Ier-4, hestatx-of-tlie Work, ora eh--fiatlure-e-matntam prrot,te-any-chtinge-in tire-r titre eeaerage--Withetit-pmejudr-e�ny-ether-right or ell., the other art)mayequivalent Bands or insurance to protect sueh lie l--party's-I nterests-at t"� ^,,r-«.:^^�^ ef�;�p��.he-avas-regt+Irecl-to-prowdt�surrin coverage, -and aGta..^ �"n ll-be msstted e adjust Nee Centta(t-pfice acceidungly- Partial Uttlization-Property Insurance- 5 15 if OWNER finds it necessary to occupy or use a portion or portions of the Work priom to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY Or FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished In accordance with paragraph 14 10, provided that no such use or occupancy shall continence before the Insuieis piovidmg the property insurance have acknowledged notice thereof and In writing effected any changes In coverage necessitated thereby The insurers piovidmg the property msutance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or Occupancy ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES S'uperrtsion and Supet Intendence: 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 fat 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, technique, sequence or procecluie 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 62 CONTRACTOR shall keep on the Work at all times during its progress a competent Iesident supcinimident, who shall not be replaced without written notice to OWNER and ENGINEER except tinder exuaoidmary circumstances The supetintendent will be CONTRACTOR's iepresentative at the site and shall have authority to act on behalf of CON] RACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Filuipment 63 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 tot the safety or protection of persons or the Woik or pmoperty at the site or adjacent thereto, and except as otherwise indicated In the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the peifoimance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours In advance of any Work to be performed on Saturday, Sunday Hohdays or outside the Regular Working Hours V 64 Unless otherwise spe(Aied in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and mai hmeiy, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and Incidentals necessaty for the furnishing, performance, testing, start-up and completion of the Work 64 l Purchasing Restrictions CONTRACTOR must comply with the City's purchasing resdictions A copy of the resolutions are available for review in the offices of the Purchasinit and Risk Management Division or the City Qerk's office 6 4 2 Cement Restrictions City of Fort Collins Resolution 91-121 requiree that supplteis and producers of cement or products contamma cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 6 5 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 ftunish satisfactory evidence (Including reports of required tests) as to the kind and quality of matet talc 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 Sebedu1c: 66 CONTRACTOR shall adhere to the progress schedule established in accoidance with paragraph 2 9 as it 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 Tunes (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 Oider or Written Amendment in accordance with Article 12 6.7. Substitutes and "Oi-Equal " Items: 67 1 Whenevei 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 of description 12 EJCDC GENERAL GONDI HONS 1910-8 0990 Edition) w/ CITY OF rORI COLLINS MODn+ICA9 IONS (REV 4/2000) contains of is followed by words reading that no like, equivalent of "or -equal" item or no substitution is permitted, other items of material or equipment of material of equipment of othei Supphems may be accepted by ENGINEER under the following circumstances 6 7 1 1 "Ot-Equal" if in ENGINEER's sole discretion an item of material or equipment ptoposed by CONTRACTOR is functionally equal to that named and sufficiently sirnilai so that no change in related Work will be iequired, 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 comphance with some of all of the requirements for acceptance of proposed substitute items 6 7 1 2 Submiute hems It in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" itein 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 in acceptable substitute therefor The piocedure fot review by the ENGINEER will include the following as supplemented in the General Requucnients and as ENGINEER may decide is appiopnate under the circumstances Requests for review o1 proposed substitute items Of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish of use a substitute item of material of equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the fimctions 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, whethet 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 vanations 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 iesult directly or indirectly fionm acceptance of such substitute, including costs of redesign and claim,; of other contiactors affected X 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 l 3 CONTRACTORS Expense All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense 672 Substitute Construction Methods or Procedures If a specific means, method, technique, sequence or procedure of construction is shown or indicated In and expressly rcquucd by the Contract Documents, CONTRACTOR may fti msh or utilize a Q substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to detemune that the substitute proposed is equivalent to that expiessly called foi by the Contract Documents The piocedure foi review by ENGINEER will be smular to that provided in subparag}aph 6 7 1 2 673 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made puisuant 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 puoi written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may regmne CONTRACTOR to furnish at CONTRACTOR's expense a special peiforniance 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 1 2 and 6 7 2 and in making Lhanges in the Contract Documents (oi 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 ENGINEER's Consultants for evaluating each such aproposed substitute item 6_8. Concerning Subs ontractors, Suppliers and Others: Q6 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), whethei initially or as a subsuhite against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Suppllel or other person or organization QSubcontractor, ' to furnish of perform any of the Work against whom CONTRACTOR has reasonable objection LJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) w/ CH Y OF r0R1 COLLINS MODIFICATIONS (REV 4/2000) G_9 CONTRACTOR shall perform not less than 20 percent of the Work with Its own forces (that is, Without subcontracting) The 20 percent requirement shall be undeistood to refer to the Work the value of which totals not less than 20 nercent of the Contract Price 6 8 2 if the Supplementary--Gend}ttens Biddin Documents require the identity of certain Subcontractors, SuppIICIs or other persons or organizations (including those Nho are to furnish the principal Items of niatenals or equipment) to be submitted to OWNER i}}-adwmee-ef the speetred (fate prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and CONTRAC-TrOR—has submitted a 1 4--t iereof In aeeoidanGe wi liupplerixnta y- Eond}t}ens- OWNER'S of ENGiNEER's acceptance (erthe} in writing or by falling to make written objection the}eto by the date indicated for acceptance or objection in the bidding documents or the Conti act Documents) of any--susli�ubc-entrastor�uptiher-��r- percent-er organization so Ideiitiited-fflay be _evoked . f"he basis oR}easenableeetian-ripe:-due }}ivesttgaterr i GO]S nit haI4 i} lIc^n'—^c-o ie--v-vr-. vvra�mT;klb}}1tt--an aceeptable subst, .te--the--C-onbi(}ct Pi tee will b adjtisteel-by-the-differeneo In tie-cost-eeeastened by sncli-t,t}bsti"ieiiaz.,d-fin appr-olmate-C-haiige-9rder will be issued or WrAtetj Ainerldment-signed will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other p4.rsons or organization on the Wo}k unless prior sNTrtten annroval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or oilier person or organization shall constitute a waiver of any right of OWNER or ENGINEER to ieject defective Work 69 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 any 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, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier of other person or oiganization except as may otherwise be requned by Laws and Regulations OWNER or ENGINEER may fiimish to any subcontractoi, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications foi Payment" 13 6 9 2 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subconhactors, Suppliers and other persons and organizations performing of 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 perfor ung or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6 10 The divisions and sections of the Speci ications 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 lemurs and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Wlmeneve> eny�uc}m agreenmenE is with ac,n, tuppl �.,-- �n=�entt additional insured on (lie-nr p-or 3 7, t-agitmenE-belweerm-the GON,rr -0R-arid the-Subconlraetoi-orSuppher-,vwl eenwtn--prevtsiens-A4meby-the Sttbeentraetoror Suppher waives -a NT-RA R-, ENGINE -ER, ENGI EE4t'-e is i all n Lz�v-+siren—�. `c+.zrrc-�co—Cn}mSli l.miv—am�rn�c,me+ addax,»-.,.�,. s-fer-all-losses- aimd-damages-eztased-b} ; arising out of resi n atm3 eEtlme per+fs covered -by such-polri�;res-and-any-etlmer property-umsm ance-apphc-able-to the-Wer4c If t,".�msurers onany - ueli policies -require separaIR ;:aim :ins to h- -.Hy-Sttbeantfaeter 0 Supphei:j - d-RAC-TOP will -obtaHi4he-sanie- 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 dainages arising out of or resulting from any infimgenment of patent rights or copyrghts incident to the use in the performance of the Work or resulting four the incorporation in the Work of any Invention, design, process, product or device not specified in the Contract Documents I4 I JCDC GENERAL CONDI I IONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIPICA rIONS (RF V 4/2000) Permits: 6 13 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all constriction pernnts 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 lheicto such as plant Investment fees 6.14. Laws and Regulations: 6 14 1 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 monitonug 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 niatenals to be permanently incorporated into the protect Said taxes shall not be included in the Contract Price CONTRACTOR must apply for, and receive. a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically Incorporated into the protect This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid, Sales and Use Taxes on those building and construction materials phvsically incomorated into the project Address Colorado Department of Revenue State Capital Annex �l ri k 0 0 Ci I W 0 K Ha 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and ceitam Colorado counties aie collected by the State of Colorado and are included in the Certification of Exemption All anDlicable Sales and Use Taxes (lncludine State collected taxes), on any items othei than construction and building materials physically umcogmorated 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 b) the Contract Documents and other land and areas permitted by Laws and Regulations rights -of -way, permits and casements, 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, of 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 Work, CONTRACTOR shall piomptl) settle with such other party by negotiation or otherwise resolve the cleun by arbitration or other dispute resolution proceeding or at law CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, mdenmdy 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 of resulting from any claim of 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 perfommance 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 prenuses 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 foi 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: E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF POR 1 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, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9 4) in good older and annotated to show all (,flanges 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 iefercncc Upon completion of the Work, and _pilot to release of final payment, these rccoid documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection 620 CONTRACTOR shall be responsible for uutiatmg, 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 or 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 materals and equipment to be incorporated therein, whether um storage on or off the site, and 6 20 3 othei 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 constriction 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 Work 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 of 6 20 3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier of any other person or organization directly or indirectly employed by any of them to pet form 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 of omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone foi 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 V 0 7 hey also recognize the delays, expenses and difficulties involved in proving in a legal proceeding Qthe actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of A requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 1) Substantial Completion One Thousand Dollars ($1,000 00) for each working day or fraction thereof that expires after the seventy (70) working day period for Substantial Completion of the Work until the Work is Substantially Complete a 2) Final Acceptance After Substantial Completion, Five Hundred ($500 00) for each working day or fraction thereof that expires after the five (5) working day period for Final Payment Qand Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 41 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows Five Hundred Fifty-four Thousand Seven Hundred Forty-one Dollars and Sixteen cents ($554,741 16) in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 51 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 De 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 Qof units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the a 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 Q 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 a on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to R notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 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 Lazard Communication Progiams: 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard conmmmcation information requned to be made available to of exchanged between of among employers at the site in accordance with Laws of Regulations Emergencies: 623 In emergencies affecting the safety or protection of persons or the Work or pioperty 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 piompt written notice if CONTRACTOR believes that any significant changes in the Woik of variations fiom 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 die consequences of such action 6.24. Shop Drawings acid 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 matenals 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 renew the submittal for the limited 16 EJCDC GENERAL CONDI I IONS 1910-8 (1990 Edition) wI CI1 )' OF FOR I COLLINS MODIFICA I IONS (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. Sabinittal Procedures. 6251 Before Submitting each Shop Diawing or Sample, CONTRACTOR shall have determined and verified 625 1 1 all field measurements quantities, dimensions, specified performance criteca, installation requirements materials, catalog numbers and smnlar information with Iespcct thereto 625 1 2 all materials with respect to intended use fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 625 1 3 all information relative to CONTRACTOR'S sole responsibilities in lespect 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 CONTR-ACTOR 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 nine 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 fiom 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 vacation 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 requucd by paragraph 2 9 ENGINEER's review and approval will be only to determine if the items covered by the submittals will, afier installation or incorporation in the Woik conform to the uifocnation 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 whcie a particular means, method technique, sequence of procedure of 0 [I 0 C 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 appioval 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 vanation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of subinission as rcquned by paiagiaph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorpoi ated in or accompanying the Shop Drawing of Sample appioval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the i equtrements of paragi aph 6 25 1 628 Wheie a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample subrmssions 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 of disagreements with OWNER No Work shall be delayed of postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agiee 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 warianty and guarantee hereunder excludes defects or damage caused by 630 1 t abuse, modification or improper a maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 630 1 2 norinal 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 CENERAL CONDI I IONS 1910-8 (1990 Edition) w/ CI rY OF FORT COLLINS MODIFICA I IONS (REV 4/2000) accordance with the Contract Documents m a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents 6302 1 observations by ENGINEER, 63022 iecomnmendation of any piogress or final payment by ENGINEER, 6 30 2 3 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR nuclei the Contract Documents, 63024 use of occupancy of the Woik or any part thereof by OWNER, 6302 5 any acceptance by OWNER or any failur c to do so, 63026 any review and appioval of a Shop Di awing 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: 6 3 t 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, archite(As, attorneys and other professionals and all court or arbitration of other dispute resolution costs) caused by, arising out of or resulting from the performance of the Woik, provided that any such claim, cost, loss or damage (r) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselt), 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 pcison of entity indemnified hereunder or whether liability is unposed Upon such inderruufied party by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all claims against OWNER of 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 pcison of 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 of benefits payable by or for CONTRACTOR or any such Subconttactor, 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 pat agraph 6 31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officeis, directors, employees of agents caused by the professional negligence, eitors or omissions of any of them Survival of Obligations 634 All representations, indemnifications, warranties and guarantees made in, iequlred 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 Wok and ternunation or completion of the Agreement ARTICLE 7—OTHER WORK Related Work at Site. 7 1 OWNER may perform other work ielated to the Project at the site by OV'NER's own forces, or let other dnect contracts therefor which shall contain Genial Conditions similar to these, or have other work performed by utility owners if the fact that such other work is to be perfornied was not noted in the Contiact Documents, then (I) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (it) CONTRACTOR may make a clams therefor as provided in Articles 1 I 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 othei contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is perfnining the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materdls and equipment and the execution of such other wok and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shalt do all cutting, fitting and patching of the Work that may be required to make its seveial parts come together properly and mtegiate with such other work CONTRACTOR shall not endangci any wok of othcis by cutting, excavating or othetwise altcung then work and will only cut or alter their work with the wr Itten consent of ENGINEER and the otheis whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contiactois to the extent that there lie comparable 18 E1CDC GENERALCONDI I IONS 1910-8 (1990 Fdmoti) w/ CITY OF FORT COLLINS MODIFICA HONS (REV 4/2000) 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 Woik depends upon wotk 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 faduic so to repoit will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent of nonappaient defects and deficiencies in such other work Coordination: 74 If OWNER contracts with others foi the performance of other work on the Piolect at the site, the following will be set forth in Supplementary Conditions 74 1 the person, film or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 7 4 2 the specific matters to be coveted by such authority and responsibility will be itemized and 7 4 3 the extent of such authorty and responsibilities will be provided Unless otheiivise 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 82 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against wholli- 1NFR-AC—T-Ot-inake."w,reasenable—e*etion, whose status tinder the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data iequired of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due aS pi ovided in pat agraphs 14 4 and 14 13 84 OWNER's duties in respect of providing lands and casements and providing engmceiing surveys to establish refeicnce points are set forth in paragraphs 1 and 4 4 Paragraph 4 2 refers to OWNER's identifying and makmg available to CONTRACTOR copies of ieports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing C M structures at of contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents 85 9-V 1_171 � responsebthtle5 rtrtespeet�fy>ulshasmg ailFl--matntarrnl gliability —and —"peFty--nlsui-ance 31L'—ti('t forth HFitafagFdphr5-S-through 54-0- 8 6 OWNER is obligated to execute Change Orders as indicated in Pat agraph 10 4 87 OWNER's responsibility in respect of certain inspections, tests and approvals is set loith in paragraph 13 4 8 8 In connection with OWNER's right to stop Work of suspend Woik, see paragraphs 13 10 and 15 1 Paragraph 15 2 deals with OWNER's right to teammate services of CONTRACTOR under certain circumstances 8 9 The OWNER shall not supervise, direct of 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 peiibmnance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents 8 10 0ey II=R resl3ens+bilriy i+rr�speEt ei undisvlesed Asbestos, PCBs, Petroleum I4azaf(IOus Waste or I2adtaaetive Mrinteitals uncovered-&F-revealed-at the- rte-is set-4orthA"arftgt-aph43- 8 lil—if and < Nic-eqent-�`""•T.,-.T; P� h.,s agreed -to-€ Fin h GONTDn, TOR —reasonable evvdene—that—f+nanc+il atfangenieats--have Keen —made —tin satH6-OWNT;R's obhgattons--tndei---- the Gentraet--Deeatments-OWNEIPA iesponsibtltLy-tin-respec-t-therLef , all hia. asrtoNartti�l3e SupplementarCodi t ions - ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 011,7VER's 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 wntten consent of OWNER and ENGINEER aVisits to Sue: IN 1991 IVI In 92 ENGINEER will make visits to the site at ❑ tervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress FJCDC GENERAL CONDII IONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accoi dance with the Contract Documents ENGINEER will not be requited 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 confomn generally to the Contract Documents On the basis of such visits and on - site observations, ENGINEER will keep OWNER unfound of the pi ogress of the Work and will endeavor to guard OWNER against defective Work ENGINEER's vivts and on -site observations are subject to all the h initauons on ENGiNEER's authority and responsibility set forth in paragraph 9 13, and particularly, but without hnutation, 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 mean,,, methods, techniques, sequences of procedures of constnrctton, or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regidations applicable to the furnishing or performance of the Work Projei t Representative• 9 3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to asslst 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 and m the Supple}nentary Getnilttions of these General Conditions If OWNER designates another representative or agent to represent OWNL'R at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authoirty and limitations thereon of such other person will be as 931 The Representative's dealings in matters pertaining to the on -site work will, in general, be widn the ENGINEER and CONTRACTOR But, the Representative will keep the OWNER properly advised about such matters The Representative's dealings with subcontractors will only he 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 12togiess 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 preconstiuction conferences, progress mectingS and other job conferences and prepare and circulate copies of minutes of meetings 9 3 2 3 Liaison 93 23 1 Set ve 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 regmred, for propci execution of the Work 93 23 3 Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiting a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 9 3 2 4 Review of Work, Rctection of Defective Work, Inspections and Tests - 9 3 2 4 1 Conduct on -site observations of the Work in progress to assist the ENGINEER in deterumng that the Wotk is proceeding in accordance with the Contract Documents 93 2 4 2 Report to the ENGINEER whenever the Repiesentatne behoves that the Work is unsatisfactory, faulty of defective or does not conform to the Contract Documents or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made, and advise the ENGINEER when lie believes work should be corrected or rejected or should be uncovered for observation, of requires special testing, inspection or approval 9 3 2 4 3 Accompany visiting inspectors representing public of other agencies having jurisdiction over the Piotect, record the results of these inspections and imort to the ENGINEER 9 3 2 5 Interpietation of Contract Documents Report to ENGINEER when clanficattons and mteipretations of the Contract Documents are needed and transmit to CONTRACTOR clanfrcatron and interpretation of the Contract Documents as issued by the ENGINEER 9 3 2 6 Modifications Consider and evaluate CONTRACTOR'S suggestions lot 20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICAI IONS (RI?V 4/2000) modification m Drawings or Specifications and report these recommendations to ENGINEER Accurately tiansnut to CONTRACTOR decisions Issued by the ENGINEER 9 3 2 7 Records documents 9 3 2 7 3 Record names addicsses and telephone numbers of all CONTRACTORS, subcontractors and major supplrets of equipment and materials 9 3 2 8 Reports 93 28 1 Furnish ENGINEER ocriodic reports, as required of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop DiawmK 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 Wotk 93 2 8 3 Drafl pmoposed Change Orders and Work Drective Changes obtaining backup material Gam the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 9 3 2 84 Report mmmcdiately to ENGINEER and OWNER the occurrence of any accident 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forwdid with recommendation to ENGINEER, noting particularly the ielationship of thepayment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work 93 2 10 Completion Q 9 3 2 10 l Before ENGINEER issues a Certificate of Substantial Completion, submi to CONTRACTOR a list of observed items requiring correction or completion 93 2 102 Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be couected of completed 93 2 103 Observe that all items on the final list have been con ected or complcted and make recommendations to ENGINEER concerning acceptance 93 3 Limitation of Authority The Renresentative shall not 9 3 3 l 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 set forth in the Contract Documents 93 3 3 Undertake any of the responsibilities of the CONTRACTOR, Subcontractors, of CONTRACTOR'S supeuntcndent 9 3 3 4 Advise on, or issue directions relative to or assume control over any aspect e means, methods, techniques, sequences or ei procedures for construction unless such is specifically called foi in the Contract Documents 9 3 3 5 Advise on or issue directions regarding of assume control over safety precautions and programs in connections with the Work 9 3 3 6 Accent Shop Drawings or sample submittals fiom 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 ENG IN FER Clarifications and 1weipretations: 94 ENGINEER will issue with icasonable piompiness such written clarifications or nteipretatnons of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORS COLLINS MODIrICA"I IONS (REV 4/2000) 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 wi itten clan ifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a whiten clanftcation 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 I I or Article 12 Aathmized Mai tationsnt Work• 9 5 ENGINEER may authorise minor sanations in the 'Work from the requirements of the Contract Documents which do not involve an adjustment in the Conti act Pi ice of the Conti act 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 Oidcr and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly If OWNER of CONTRACTOR believes that a Field Oiderjustifics an adjustment in the Contract Price of 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 I 1 of 12 Rejecting Defective Work. 96 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 complcted Project is 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 Woik is fabiicated, installed of 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 99 In connection with ENGINEERSs authority as to Applications for Payment, see Article 14 Deternirnationc for Unit Prices 9 10 ENGINEER will deteimmne 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 iccommendation 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 aftei 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 accoldance 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 pioceedmg is Instituted by the appealing party in a forum of competent jurisdiction to exercise such rights of 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 procedutes of pal agiaph 9 11 Decisions on Disputes. 9 11 ENGINEER will be the initial interpreter of the iegmtenments of the Contract Documents and judge of the acceptability of the Work thercundei Claims, disputes and othei matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pentauung to the performance and furnishing of the Work and clauus under Articles I 1 and 12 in respect of changes in the Contract Prince of Contract Times will be refened initially to ENGINEER in writing with a request for a formal decision in accordance with this patagraph Wtitten notice of each such claim, dispute on 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 occunence or event unless ENGINEER allows an additional period of time for the submission of additional or mote accurate data in support of such claim, dispute or othei 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 party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such clann, dispute or other matter will be final and binding upon Ol','NER and CONTRACTOR unless (1) an appeal from ENGINEER's decision its taken within the time hmits and in accordance with the procedures set forth in EXi-[IBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (n) 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 its instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or ienmedies as the appealing party may have with respect to such claim, dispute or other mattei in accordance with applicable Laws and Regulations within sixty days of the date of such E]CDC GENERAL CONDI I IONS 1910-8 (1990 Edition) 22 w/ Cll Y OF FORT COLLM MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9 12 When functioning as interpreter and Judge undei paragraphs 9 10 and 911, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation of decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 of 9 11 with respect to any such claim, dispute or other matter (except any which have been waived by the making of acceptance of final payment as provided in paragraph 14 15) will be a condition precedent to 'Illy exercise by OWNER or CONTRACTOR of such rights or remedies as tither may otherwise have under the Contract Documents of by Laws of Regulations in respect of any such claim, dispute or otlmei matter pt+r uei�lrticl6 lb 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9 13 1 Neither ENGINEER's authority of responsibility under this Article 9 of undet any other provision of the Conn act Documents not any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or perfouance 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 olganlzdtion or to any surety for or employee or agent of any of them 9 13 2 ENGINEER will not supervise, duect control or have authority ovei of be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, 01 the safety precautions and programs uu.rdent tlmeneto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fin-nishing or performance of the Woik 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, of ofany other person on organization performing of 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 deternime 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 i ARTICLE 10--CHANGES IN THE WORK 101 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 tinder the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 ' If OWNER and CONTRACTOR are unable to agiee'as to the extent, if any, of in adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Woik Change Directive, a claim may be made therefor as provided in Article 11 or Article 12 i 10 3 1 CONTRACTOR shall riot be entitled to in increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by I' 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 to ithe case of uncovering Work as provided in 13 9 paragraph 104 1 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER Written Amendments) covemmg (or 1041 changes in the Work which are (I) ordered by OWNER pursuant to paragraph 10 1, (it) required ` because of acceptance of defective Work under paragraph 13 13 or correcting defective Work under paragraph 13 14, or (in) agreed to by the parties, 1042 changes in the Contract Price or Contract Times which are agreed to by the panics, and 1043 changes in the Contract Price or Contract Tunes which embody the substance of any Nvi itten decision rendered by ENGINEER pursuant to paragraph 9 11, provided that, in lieu of executing any such Change Or der 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 x 105 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents GCDCOBNBRALCONDII IONS 1910-5 (1990 L'artron) w/ CITY OF FOR r COLLINS MODIFICAI IONS (REV 4/2000) i (including, but not limited to, Contract Price or Contract Tunes) is required by the provisions of any Bond to be given to a suiety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly 106 By the execution of a Chance Order. a Work Change Directive or Written Agreement, OWNER and CONTRACTOR expressly acknowledge and agree that said Change Order, Work Change Dnective or Written Agreement provides for a fair and equitable adimunent in the Conti a(A Price and/or Contract Tunes for the additions deletions or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement OWNER and CONTRACTOR further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Times covered by a Change Order, Work Chance Directive or Written Agreement are not valid ARTICLE I1—CHANGE 017 CONTRACT PRICE 11 1 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 11 2 The Contract Puce may only be changed by a Change Order or by a Written Amendment Any charm 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 I Ise 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 clauns for adjustment in the Contract Price shall be detennined by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112 11 3 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract ['I ice 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 pi ices to the quantities of the items involved (uibject to the provision of 23 paragraphs 119 1 through 11 9 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 lunip swn (which may include an allowance for overhead and profit not nccessanly in accordance with paragraph 11 6 2), 11 3 3 whecc the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump stun is not icachcd under paragraph 11 3 2, on the basis of the Cost of the WOE k (determined is piovided in paragraphs 11 4 and 11 5) plus a CONTRACTOR's fee for overhead and profit (deteumned as piovided m paragraph 11 6) Cost of the Work- 11 4 The term Cost of the Work means the swn of all costs necessarily Incuried and paid by CONTRACTOR in the proper performance ofthe Work Except as otheiwise may be agiecd to in wiring 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 perfornmancc of the Work undei schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site Payioll 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 mclude, but -not be limited to-, salaries and wages plus the cost of fiInge benefits which shall include social security contributions, unemployment, excise and payioll taxes, workers compensation, health and -retirement benefits. bonuses swk-ave�4onzmd-hehday-pay applicable thereto 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 stoiage theieof, and Suppliers' field services requited in connection therewith All cash discounts shall acciue to CONTRACTOR unless OWNER deposits fiords with CONTRACTOR with which to make payments, in which case the cash discounts shall acciue to OWNER All trade discounts, rebates and iefunds and ieturns fool sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make piovtstons so that they may be obtained l 1 4 3 Payments made by CONTRACTOR to the Subcontractors fot Wolk performed or fwnished by Subcontractors If required by OWNER, 24 IEICDC GENEKAL CONDE 1 IONS 1910-8 (1990 Edition) 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 detemmne 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 Subcontractoi's Cost of the Work and fee shall be deter mined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11 4, 11 5. 11 6 and 11 7 All subcontracts shall be subject to the other piovisions of the Contract Documents insofar as applicable 1144 Costs of special consultants (including but not limited to engineers, architects, testing laboiatones, surveyors attorneys and accountants) employed for sCIVILCs specifically related to the Woi k 11 4 5 Supplemental costs including the following 11 4 5 1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred In dlschaigc Of (Jones connected with the Work 11 4 5 2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and tempoiary facilities at the site and hand tools not owned by the workers, which are consumed in the peifonnance of the Work, and cost less market value of such items used but not consumed which i enma ui the property of CONTRACTOR 11 4 5 3 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 Regu I atr onS 1 1 4 5 5 Deposits lost for causes othet 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 11 4 5 6 Losses and damages (and related expenses) caused by damage to the Welk, not compensated by insurance or otherwise, sustained by CONTRACTOR In connection with the Lt I n N, a ,, 0 lJ L 6 L performance and furnishing of the Work (except losses and damages within the deductible amounts of properly insmance established by OWNER in accordance with paragraph 5 9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, of anyone directly of 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 include(] in the Cost of the Work for the purpose of determining CONTRACTOR's fee If, however, any such loss or damage iequires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11 6 2 1 1 1 4 5 7 The cost of utilities, fuel and sanitary facilities at the site 1 1 4 5 8 Minor expenses such as telegrams, long distance telephone calls, telephone service at i the site, expressage and similar petty cash items in connection with the Work 1 1 4 5 9 Cost of pienvums for additional Bonds and insurance required because of changes in the Work 11 5 1 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprictoiships), 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 blanch office for general a(hmnisttation 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 patagraph 11 44--all of which are to be constricted administrative costs covered by the CONTRACTOR's fee i 11 5 2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site i 1153 Any pail of CONTRACTOR's capital expenses, including mteiest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR lot delinquent payments i 11 5 4 Cost of premiums for all Bonds and foi all insurance whether or not CONTRACTOR is iequtred by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 1 1 4 5 9 above) i i L:1CDC GENERAL CONDI 1 IONS 1910-5 (1990 Edition) w/ CITY OP FOR I COLLINS MODIFICATIONS (REV 4/2000) I 11 5 5 Costs due to the negligence of CONTRACTOR, any Subcontractor, of 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 materials or equipment wrongly supplied and making good any damage to property 1 1 5 6 Other overhead of general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph II 4 116 The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be deter nuned as follows 116 1 a mutually acceptable fixed fee, or 11 6 2 if a fixed fee is not agreed upon, then a Ice based on the following percentages of the various portions of the Cost of the Work 1 l 6 2 1 for costs incurred tinder paragraphs 114 1 and 1 l 4 2, the CONTRACTOR's fee shall be fifteen percent, 1 1 6 2 2 for costs incurred under paragraph 1 1 4 3, the CONTRACTOR's fee shall be five percent, 1 1 6 2 3 where one or more tiers of subcontt acts are on the basis of Cost of the Work plus a nee and no fixed fee is agreed upon, the intent of paragraphs 1 14 1, 114 2, 114 3 and 11 6 2 is that the Subcontractor who actually perfomns or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11 4 1 and 1 t 4 2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-of-five-petuent-ofz he amount-paid-te tli a t-fewer Subeorin-aet©r-, to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next towel tier Subcontractor 1 1 6 2 4 no fee shall be payable on the basis of costs itemized under paragraphs 1 1 4 4, 114 5 and 1 1 5 11 6 2 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 1 1 6 2 6 when both additions and credits are involved in any one change, the adjustment in CONI RACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11 6 2 1 through 11 6 2 5, inclusive 11 7 Whenever the cod of any Work is to be 25 a I 0 increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contrac-- 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 determined 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 in itemized cost bieakdown 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 Contiact Documents and shall cause the Work so coveled to be furnished and performed lot such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 the allowances include the cost to CONTRACTOR (less any applicable tiade discounts) of mateiiais and equipment required by the allowances to be delivcied at the site, and all applicable taxes, and 11 8 2 CONTRACTOR's cosfs for unloading and handling on the site, labor, untallation costs, overhead, piofit and other expenses contemplated for the allowances have been included in the Contiact 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 appiopriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work coveied by allowances, and the Contract Price shall be correspondingly adjusted 11.9. Unit Price {York: 11 9 1 Where the Contract Documents provide that all or part of the Woik 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 Detemminations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER um accordance with paragraph 9 10 11 92 Each unit price will be deemed to include au amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and piofit for each separately identified item 11 9 3 OWNER or CONTRACTOR may make a claim for an adjustment in the Contiact Price in accordance with Article 1 i if 1 1 9 3 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 Agneenient 26 EJCDC GENERAL CONDI (IONS 1910-8 (1990 Hilton) w/ CITY OF FORT COLLINS NIODIFICA 1 IONS (REV 4/2000) and 11932 there is no couesponding adjustment with respect to any other Item of Work, and l 1 9 3 3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a rewlt of having incurred additional expense of OWNER betimes that OWNER is entitled to a decrease in Contiact Pi ice and the parties aie unable to agree as to the amount of any such mclease or decrease 11 9 3 4 CONTRACTOR acknowledizes that the OWNER has the right to add of delete items In the Bid or change quantities at OWNER'S sole discietion without affecting the Contract Nice of any remaining item so long as the deletion or addition does not exceed hv�percent of the ouginal total Contiact Nice ARTICLE 12—CIiANGE OF CON] RACT TINES 12 1 The Contiact Tunes (or Milestones) may only be changed by a Change Order or a Written Amendment Any claim for an adjustment of the Contiact Times (or Milestones) shall be based on written notice delivcied by the party making the claim to the other party and to ENGINEER promptly (but in no event latei than thirty days) aflei the occuticnce of the event giving rise to the claim and stating the general nature of the clamor Notice of the extent of the claim with supporting data shall be delivered within sixty clays aflei such occurrence (unless ENGINEER allows additional time to ascertain more accuiate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment clammed is the cubic adjustment to which the claimant has reason to believe it is entitled as a icsult of the occurrence of said event All claims for adjustnment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9 11 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 pal agraph 12 1 122 All time limits stated in the Contiact Documents are of the essence of the Agieement 123 Where CONTRACTOR is prevented from completing any part of the Woik within the Contract Times (or Milestones) due to delay beyond the contiol of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claun is made therefor as piovided in paragraph 12 1 Delays beyond the control of CONTRACTOR shall include, but not he limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors pciformmg other work as contemplated by Article 7 fires, floods, epidemics, abnormal weather conditions om acts of God Delays atoibutable to and r� K K Mimi C' U 11 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 1241 Where CONTRACTOR is prevented fionh 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 timellost 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 of organirition on to any surety for or employee or agent of any of them, for damages ansing out of or resulting from (I) delays caused by or within the control of the CONTRACTOR, on (u) 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 perfonning other work as conteinplatecl by Article 7 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFF.CTI VE WORK 13.1. 1 Nonce of Defects Prompt notice of all defective Work of which OWNER of ENGINEER have actual kniowlcdge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided In this Article 13 Access to Work: I 132 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 feason4ble--times 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: 133 !CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all requned inspections tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 134 (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 1 1314 l for inspections, tests on, approvals covered by'paragraph 13 5 below, i 1342 that costs utcuned in connection with tests orinspections conducted pursuant' to paragraph 13 9 i EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (RF,V 4/2000) below shall be pail as provided in said paragraph 13 9, and 13 4 3 as otherwise specifically provided in the Contract Documents 13 5 If Laws or Regulations of any public body having jurisdiction inquire any Work (or part thereof) specifically to be inspected, tested or approved by an employee om other representative of such public body, CONTRACTOR shall assunnc full icsponsibihty for arranging and obtaining such Inspections, tests or applovals, pay all costs in connection theiewith, and furnish ENGINEER the Iequired 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 requned for OWNER's and ENGINEER's acceptance of materials on equipment to be incoipoiated in the Work, on of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Woik 13 6, If any Woi k (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 13 7 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTOR's expense unless CONTRAC rOR 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 {fork. 13 8 If any Work is covered contrary to the wutten 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 requue, that portion of the Work in question, furnishing all necessary labor, mateinal and equipment if it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, ansing out of or resulting fiom 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 appnopnate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as piovnded in Article I 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 Tines (on 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 clams therefor as provided in Articles I I and 12 OIVNER May Stop the lVork. 13 10 If the Work is defective, of CONTRACTOR fads to supply sufficient skilled workers or suitable mateiials or equipment, or fails to furnish on perform the Woik 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, howevet, this right of OWNER to stop the Woik shall not give nse to any duty on the part of OWNi--R to exeicise this right for the benefit of CONTRACTOR or any sin ety or othci party Correction of Removal of Defective 1Voik 13 11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether of not fabi icated, installed or completed, oi, 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 clamp, costs, losses and damages caused by of 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 one -yeah two year after the date of Substantial Completion or such longer period of time as may be prescubed by Laws of Regulations of 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 fiom the site and replace it with Work that is not defective, and (u) satisfactorily correct or remove and replace any damage to other Work or the work of others tesulting therefrom If CONTRACTOR does not promptly comply with the teens of such instructions, or in an emergency where delay would cause serious usk of loss or damage, OWNER may have die defective Work corected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting fionn 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 cucunistauces white a particular Item of equipment is placed in continuous service before Substantial Completion of all the Woik, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13 123 Where defectiie Woik (and damage to other 28 E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected removed of replaced under tlus paragraph 13 12, the correction period hereunder with respect to such Work will be extended for an additional perod of one -dear two years after such correction of removal and replacement has been satisfactorily completed Acceptance of Defec tive Work: 13 13 if, instead of requning correction or removal and ieplacennent of defective Work, OWNER (and, prior to ENGINEER'S iecominendation of final payment, also ENGINEEIZ) prefers to accept it, OWNER may do so CONTRACTOR Shall pay all dawns, costs, losses and daniages attributable to OWNER's evaluation of and deterinmation to accept such defective Work (such costs to be appioved by ENGINEER as to reasonableness) If any such acceptance occurs pi tor to ENGINEER's recommendation of final payment a Change Oider will be issued incorporating the necessary ievisions in the Contract Documents with respect to the Woik, and OWNER shall be entitled to in appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount lheieof, OWNER may make a claim thciefor as provided in Article I I If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER Mal, Correct Defective Work- 13 14 If CONTRACTOR fails within a reasonable time aftet wutten notice from ENGINEER to correct defective Woik or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11, or if CONTRACTOR fails to pcifonm the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, afler seven days' wirtten notice to CONTRACTOR, conect and ieniedy 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 Woik all materials and equipment stored at the site on 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 exci cruse the rights and remedies tinder this paragraph All claims, costs, losses and damages incurred or sustained by OWNEIZ in exercising such rights and remedies will be charged against CONTRACTOR and a Change Oiden 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 piovrded in Article i l Such claims costs, losses and h i IN K i i i 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 Conhact Times (or Mle'stones) because of any delay in performance of the Work attributable to the exercise by OWNER ofOWNER's right) and remedies hereunder ARTICLE 14—PAYNIENCS TO CONTRACTOR AND COMPLETION Schedule of Values: 141 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 foi 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 sutably stored at the site of at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or othei 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 theiem, 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 of 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 Wat ranty of Title: 143 ,CONTRACTOR wanants 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 ofpaynlent free and cleai of all Liens Reviewpj Applications foi Pi ogi ess Payment- i 14 4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E7CDC GENERAL CONDI FIONS 1910-8 (1990 L"dition) w/ CITY OP FOR I COLLINS MODIFICA1 IONS (REV 4/2000) I recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in wnting ENGINEER's reasons for refusing to recommend payment lm 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 due will be paid by OWNER to CONTRACTOR 145 ENGINEER's recommendation of any payment requested in in 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 of 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 of the quantity of the Work 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 pail additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEER's recoinrnendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techruques, sequences or procedures of construction, or the safety piecautrons and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing of performance of Work, of 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 world be incorrect to make the tepresentations to 29 M OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recorrimend 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 un ENGINEER's opinion to protect OWNER from loss because 147 1 the Work is defective, or completed Work has been damaged requiring correction or ieplacenicnt, 1472 the Contract Puce has been reduced by Written Amendment or Change Order, 1473 OWNER has been requited to correct defective Work or complete Work in accordance with paragraph 13 14, of 1474 ENGINEER has actual knowledge of the occurrence of any of the events enunciated in paragraphs 15 2 1 through 15 2 4 Inclusive OWNER may refuse to make payment of the full amount iccornmendcd by ENGINEER because 14 7 5 claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14 7 G 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 theicare 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: 148 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 detemmune 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 30 EJCDC GENERAL CONDI I IONS 1910-8 (1990 Edition) 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 corected 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 comideiahon of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and delivei 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 respomibildies 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 mforin ENGINEER in writing prior to ENGiNEER's issuing the definitive certificate of Substantial Completion, ENGiNEER's aforesaid reconvnendation 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 - l4 10 Use by OWNER at OWNI-R's option of any substantially completed part of the Work, which (I) has specifically been identified in the Contract Documents, or (it) 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 Woik, may be accomplished pnor to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to pei not 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 Woik L K 511111 Kiwi C � Mail SIM F VU 0 �t i tt (CONTRACTOR at any time may notify OWNER and (ENGINEER in writing that CONTRACTOR consideis ,any such part of the Work ready for its Intended use 'and substantially complete and iequest 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 deteimine 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 pact 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 I 1'14 10 2 No occupancy or separate operation of pail of the Work will be accomplished prior to compliance with the requirements of paragiaph 5 15 in respect of property msuiancc I FinaliJnspection: 14 11 t 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 particulais 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 of remedy such deficiencies Final (Application for Pat,nieut: 14 12 1 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered ui accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragiaph 5 4, certificates of inspect 1on, 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, (u) consent of the surety, if any, to final payment, and (in) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens ausing out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as appioved by OWNER, CONTRACTOR may fuinnsh receipts of 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 (n) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERSs property, might in any way be responsible have been paid or otherwise satisfied If any Subcontractoi or Supphei fails EJCDC GENERAL CONDI1 IONS 1910-8 (1990 Edition) w/ CI rY 6F FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may fttrmsh 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 payment are to be submitted on fonns conforming to the format of the OWNER'S standard forms bound in the Piolect manual Final Payment and Acceptance: 14 13 If, on the basis of ENGINEER's observation of the Work during constiuctlon 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 COutiaet Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing LNGINEER'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, indicating in writing the reasons foi refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubnut the Application Thirty clays after presentation to OWNER of the Application and accompanying documentation, in appropriate 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 subject to paragraph 17 6 2 of these Geneial Conditions 14 14 If, through no fault of CONTRACTOR, final completion of the Work is 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 remarmng balance to be held by OWNER for Work not ftdly completed or coirected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragiaph 5 I, 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 Warner of Claims: 14 15 The making and acceptance of final payment will constitute 14 15 1 a waivei of all claims by OWNER against CONTRACTOR except c.launs 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 01 the terns of any special guarantees specified therein, of 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 I5—SUSPENSION OF WORK AND TERMINATION 01VNL•R Alan Sa vpend iVot k 15 1 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 tesumed CONTRACTOR shalt resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tines, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12 01INL'R Alah Terminate. 152 Upon the occ,uircn(,e of any one or more of the following events 15 2 1 if CONTRACTOR persistently fads to perfomm the Work in accordance with the Contract Documents (including, but not limited to failure to supply suif1101Cut Skilled workers or uutal)le 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, temmmate the services of CONTRACTOR, exclude CONTRACTOR fiom the site and take possession of the Work and of all CONTRACTOR's tools, apphances 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 rn the Work all materials and equipment stored at the site or for which OWNER has paid 32 UCDC GLNCRAL COND) PIONS 1910-8 (1990 Edition) w/ CI I Y OF FOR 1 COLLINS N40DIFICA I IONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may decor 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 clainms, 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 pl ice for the Work performed 153 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then exrsnng 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 cffective date of temunation, including fair and reasonable suns for overhead and profit on such Work, 1542 for expenses sustained prior to the cf ective date of termination in performing services and furnishing labor, matcuals or equipment is required by the Contract Documents in connection with uncompleted Work, plus fan and reasonable sums for overhead and profit on such expenses, 1543 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractois, Suppliers and others, and 15 4 4 for reasonable expenses directly athibutable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss ai [sing out of or resulting from such temmmation CONTR4CTOR Alas, 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 fails to act on any Application lot Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any IN F `1 IN F I 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, teriumate the Agreement and recover fiom OWNER payment on the same teams as provided in paragraph 15 4 In lieu of temunatmg the Agreement and without prejudice to any other right of remedy, if ENGINEER has failed to act on an Application foi 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' wmmttcn notice to OWNER and ENGINEER stop the Woik until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15 5 are not intended to preclude CONTRACTOR fiom making claim under' Articles I I and 12 for an increase in Contract Price of Contract Tunes or otherwise for expenses or damage duectly attributable to CONTRACTOR's stopping Work as permitted by this paragraph i ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and piocedurc for resolving disputes bctµeen them that may arise 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 912, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws of Regulations in respect of ally ,dispute ARTICLE 17--MISCELLANEOUS I Giving Notice: 171 (Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given ifdelivered in person to the individual or to a member of the fmi m, or to an officer of the corporation for whom it is intended, of if delivered at or sent bylregistered or certified marl, postage prepaid, to the last business address known to the giver of the notice 17.2. Coruputatiou of Time: 17 2 1 When any period of time is icferied to ill the Contract Documents by days_ it "ill be computed to exclude the fast 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 di mitted from the computation I EJCDC GCNERAI, CONDI9IONS 1910-8 (1990 Edition) w/ CITY 6F FOR-1 COLLINS MODIFICA PIONS (REV 4/2000) 17 2 2 A calendar day of twenty-four hours measured fiom midnight to the nest ❑ idnight will constitute a day Notice of Claim: 173 Should OWNER or CONTRACTOR sutler injury or damage to person or property because of any error, omission or act of the other patty of of any of the other party's employees or agents or others lot whose acts the other party is legally liable, r lain will be made in writing to the other patty within a reasonable time of the fiist observance of such mjoly 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 Reinediev: 174 The duties and obligations unposed by these General Conditions and the rights and icmedics available hereunder to the parties hereto, and, m particular but Without lunitation, the warrantles, guarantees and obligations composed upon CONTRACTOR by paragraphs 6 12, 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, arc 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 of available by Laws of Regulations by special warranty om 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 Contract Documents rn connection with each particular duty, obligation right and remedy to which they apply Profee+ronal Fees and Court Costs Included: 175 Whenever reteence 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, arclutects, attorneys and other professionals and all court of arbitration or othci dispute resolution costs 176 The laws of the State of Colorado apply to this Agreenment Reference to two pertinent Colorado statutes are as follows 1762 If a claim is filed, OWNER is teauured by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insole the payment of all claims for labor, materials, team hue, Sustenance, provisions, provender, or other supplies used of consumed by CONTRACTOR or his 33 subconti actors in or about the pei foi mancc of the Work Such fiords must be withheld until said claims have been pail or such claims as filed have been withdrawn, such Lyment a withdrawal to be evidenced by films wtth OWNER a receipt in full or an order for, withdrawal m writing and signed by the person filing such a claim or Ivs duly authoitzed agents or assigns Such funds shall not be withheld longer than ninety (90) des following the date fixed for final settlement, as published m a public. newspaper in accordance with the law, unless an action is commenced within that time to enfoicc such unpaid claim and a notice of hs pendens Is filed with the OWNER At the expiration of such ninety (90) day period, OWNER shall pay to CONTRACTOR such moneys and funds as are not the subject of suit and tis pendens notices, and shall iclam only sufficient finds to insure the payment of judgements which may iesult from the sun 34 EJCDC GENERAL CONDI I IONS 1910-8 (1990 Edition) w/ CI ry OF FOR 1 COLLINS MODIVICAI IONS (RF,V 4l2000) (This age left blank intentionally ) U 1 MUM UT EJCDC GI NERAL CONDITIONS 1910-8 (1990 Edmon) 35 w/ CI7 Y O � FOR 1 COLLINS MODIFICATIONS (REV 4/2000) MM IN 66 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those: items included in the definition of "Contract Documents" in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 72 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 72 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 72 5 Application for Exemption Certificate 7 2 6 Application for Payment O 73 N/A 74 Addenda Numbers to , 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 other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 82 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or Qresponsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document a u 36 F.JCDCGL'NERALCONDI I IONS 1910-8(1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIMT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DIS UTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Artie a 16 of the General Conditions of the Cmmstiuction Cons act between OWNER and CONTRACTOR is arncn ed to include the following agreement of the patties que out the] ma] pare ace Rul obt: agr con under 1c or of ENGi parag: on wl (b) th evrdei rcnde] ' arbun be m, ENG] t a to den result upon i render: initiate not sul decisic for ai renden later t1 dehvei m Para 1 All clauns disputes and other matters in n between OWNER and CONTRACTOR ausing of relating to the Contiact Documents or the breach '(except for claims which have been waived by the or acceptance of final payment as piovided by mph 1415) will be decided by arbitration in ante with the Construction Industry Arbitiation of the American Aibitration Association then ng, subject to the limitations of the Article 16 This icnt so to arbitrate and any other agreement or t to arbitrate entered into in accordance herewith as ed in this Article 16 will be specifically enfoiccable he prevailing law of any court havmgjunsdiction No demand for aibitiation of any claim, dispute er matter that is requued to be refetied to LEER initially for decision in accordance with .ph 9 11 will be made until the earlier of (a) the date ch ENGINEER has iendeied a wntten decision or thirty-first day after the parties have presented then ;e to ENGINEER if a wutten decision has not been d by ENGINEER before that date No demand for Ion of any such claim, dispute or other matter will le later than thirty days after the date on which BEER has rendered a written decision in respect in accordance with paragraph 9 11, and the fallurc rid arbitiatron within said thirty days' pciiod will ENGINEER's decision being final and binding }WNER and CONTRACTOR If ENGINEER a decision after arbitration proceedings have been 9, such decision may be entered as evidence but will Hede the arbitration proceedings, except where the n is acceptable to the parties concerned No demand quation of any written decision of ENGINEER in accordance with paragraph 9 10 will be made +n ten days after the party making such demand has written notice of intention to appeal as provided 3anh 9 10 16 filed in with the be sent penod s other ca or other any sucl legal or or othe Notice of the demand for arbitration will be acting with the other party to the Agi cement and ymeiican Arbitration Association, and a copy will ) ENGINEER for information The dernand foi m will be made within the thirty -day of ten-day :cified in paragraph 16 2 as applicable, and In all �s within a reasonable time after the claim, dispute natter In question has arisen, and in no event shall demand be made afici the date when institution of quitable proccedings based on such claun, dispute matter in question would be bared by the statute of limitations 164 Except as provided in paiagraph 16 5 below, no arbitration arising out of or jelatmg to the Contract Documents shall include by consolidation, joinder or in any other manner any other person of entity (Including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees of consultants of any of them) who is not a party to this contract unless 16 4 1 the inclusion of such �thci person or entity is necessary if complete relief is to be afforded among those who ate aheady parties to, the arbitration, and 1642 such other pet son of involved in I question of law ( to those who ate aheady parts which will arise in catch procee 1643 the wi aten consent o entity sought to be included CONTRACTOR has been obta Which consent shall make sp, paiagraph but no such convent to atbittation of any dispute nc in such consent of to aibinati Specifically Identified III such a entity is substantially fact which Is common to the arbitration and miss, and the other person of rid of OWNER and ed for such inclusion ific ieference to this iall constitute consent specifically desciibed I with any party not 165 Notwithstanding paragraph 16 4, if a claim, dispute of other matter in question between OWNER and CONTRACTOR Involves the Wor� of a Subcontractor, either OWNER of CONTRACTOR may join such Snbcontractor as a par ty to the arbitraton between OWNER and CONTRACTOR heieundei CONTRACTOR shall include in all subcontracts iequued by paiagraph 6 Il a specific provision whereby the Sub ontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Woik of such Subcontracloi Nothing In this Para raph 16 5 no[ in the provision of such subconnad consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER of i:NGINEER's COIISLlhants that does nbtotheiwise exist 166 The award rendered by final, judgment may be entered upon Jurisdiction thereof, and it will modification or appeal 167 OWNER and CONTRAC shall first submit any and all counterclaims, disputes and othet between thein arising out of of reh�. Documents of the breach theieof ("dr by the Anier [can Arbitration As, Construction Industry Mediation Ru Arbitration Association prior to emth against the other a demand for ail paragraphs 161 tluough 166 urle arbntation mvoulCI urevocably pre)udi, The respective flinty and ten day tim to file a demand tot arbitration as pi 16 2 and 16 3 above shall be suspen dispute submitted to mediation applicable trine limits and shall remai days after the leiminallOri of the tried of any dispute submitted to mediation shall not serve as aibittatoi of such do agiced me arbitrators will be t in any court having not be subject to OR agree that they unsettled claims atters in question mg to the Contract ates"), to mediation ,iatmon undo the s of the American of them initiating oration pursuant to delay in initiating one of the parties limits within which ,ided in paragraphs d with respect to a Ithin those same suspended until ten Ton The mediator ider this Agreement ate unless otherwise EICDC ( w/ CITY ERAL CONDITIONS 1910-8 (t990 Editton) FOR r COLLINS MODIFICA I IONS (REA' 9/99) GC -Al EJCDC GENERAL CONDI HONS 1910-8 (1990 Edition) GC -AI w/CITY OF FOR COLLINS MODIFICAI IONS (REV 9194) No Text (I his page left blank intentionally) xvi EJCDC GF,NERAL CONDI PIONS 1910-8 (1990 EDITION) wl CITY ON POR`I COLLINS NIODIFICAI IONS (RPv 9199) I I SECTION 00800 SUPPLEMENTARY CONDITIONS I I I I L lk"J 0 L C W Lit C L C SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-5.4.8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows 5 4 1 and 5.4.2 Coverage A - Statutory Limits Coverage 8 - $100,000/$100,000/$500,000 5.4 3 and 5 4.S Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL) 5 4 9ThLs policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) 00800-1 W u I L: I a 0 I O N 0 9/99 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJEC'P NUMBER DESCRIPTION- 1 Reason fot 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 0.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE _ Contractor's Representative ACCEPTED BY DATE Project Manager REVIEWED BY Title APPROVED BY Title APPROVED BY Purchasing Agent over $30,000 cc* City Clerk Contractor Project File Architect Engineer Purchasing DATE DATE DATE 9/99 Section 00950 Page 1 I a Li oInsert pages 1 - 9 I O I a9/99 Section 00960 Application for Payment 0 I I I a I LI k L I u Fwl Iftil IC u 9 OWNER CITY OF FORT COLLINS JOHHN F r48CHBACH, CITY MANAGER BYt �i 1 v'�. J� MES B O'NEILL II, CPPO IRECTOR OF PURCHASING AND RISK MANAGEMENT Date Ity GIerk ,f C. Address for give notices P O Box 580 Or,�, Fort Collins, Colorado Approved as to Form ' 21^ Assistant City Attorney CONTRACTOR Vogel Concrete, Inc By TITLE Date j�`,Cl/ZGf Oe�wn ` (CORPORATE'SgEEAAQ---e' Attest/f •, O Address for giving notices CA nk6��dw License No 0 OWNflR CAI of put CoILw CNANOH ORDF!" NIJILRpg ➢ATH 1 3 Nis Cbm" by CL®ge O.dv APPLICATION FOR PAYMhNT PROJRCI• CONTRACTOR Appl c tlon V medc far Peymmt ee 0bclow m cm Uoo witb Coolnct AMOUNT The Prnml A. a of The acc l for thu CmUect it u foams. Orlglwl C®i Amauah - Nct C1.10 by ClunSe Onkr- Cant Cmtrul AtooU L Tole) Compkled .0 Slo M to Dtic L.n Pxc mu Appirlom, Amourt 13ao thle Apphcetxm - Hcfom Rctamagc Lus ReAh"tc. $000 1 AMOUNT DUHTI1111 APPLICATION CRRTIFICATJON TM w +v '' CONIRACIUR .91ju IbN AN ob4dlow d CON7MCTOR Iwurmd m catocclLm wkh Rm Work b.r. bas .wefred u roVb d Fe Peryr.ph 14 3 of do (kr ll Cma m d 16. Cbntrect Th. ebm, Am .A Da This Applicatim Is rcqur+Ird by Bro CONTRACTOR DOW BY Pgmo¢t d Rw .bar. 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Wark ComPlaai Pmil Pcrmdr To Daic Qly Amouet (j1y Amount 511 htaladd. 6m 111 1'i 2 Ul 4 Tidal Lan...l lu 0.1. 1'nnn Ildl..t fOW $000 $0 Do so Oil Id ou Ililt $a 00 $D w Sow saw $0 fro Ii $000 $0 Oo sow so u0 so oo 11411 IO.w $0w i1100 $U 00 sow Illlt tow sow so DO $0w sow 1111( $0.00 $000 $U 00 suDO $0w UO1 $0 w $0 0o SO w $0 w $a all 1 I1it s0 w $000 - $0 w Sow SO 1Rl 1 Itit $0 w $o 00 - $0 DO $0 w so ❑0 I lilt $0 00 So 00 $000 $000 $a w 1 RH $o 00 $0 00 $0 w $000 so 1" I IOt $000 in w $000 $u w $000 1 kit s0 o0 $1105 $000 sow $0 oil IIli( sow $0 oO $000 saw sow IR0 $000 so 0o $0 0o $11 w $0 Do I Ili( MOO $0 DO $0 w so 00 $01/0 fill( $0 00 $o w $0 00 $o w $o OR 11111 $0 w $0 00 $0 w $0 00 $0 ou licit $D.w $0 w $0 w $u w $0 an 1 all $u DO $0 00 )o w $U 00 so w I1111 $0 DO $0 no $000 $0 w $O all )JUR $0w $000 $000 VI Go MOO IRR $000 $0 DO $000 $0 Do W IV I lilt $0 00 $U w so 00 to w $D Do l.Rlt so w $0 w $0 CO $0 w $0 am I It. $000 $000 $0w $ow sow IRR $a DO so w $0 00 $0 0o $o w 1 lilt $0_00 $u w $0 DO $000 $D w licit $000 $D 00 $000 $D w $fi all [lilt $000 $0 w $0 on $a w $01I0 ]jilt tam $0 w $0 DO so w $0 w I It11 to DO $O m to DO $0 rA $0 Go,I ;.I $0 DO so Do $000 $000 $Ow 11.11 $0 00 $0 00 To DO $0 au $0 ou $0 o0 I Wt 7 UYALS JF,s iIF 4f $iFx$£K CZR3R 'b" Q ?i li W I CQANQH ORDER$ AFFUCATION FOR PAYMENT PROF $ OF 4 Watt C.Mpkw Wott Compkkd Wart f.omp1dd 5W" 7hh Mouth PIm k= P"Wa To Nlo M.I.ml. 7.f.l G7mse Um1 - 7Lfs Fund I'ma0 Odor Qtmtay UoYn Pn Amount Qty. Ammmt Qty. Amount Qty Amaun[ N"-] T. O.t� IliOnl N . $0 00 s0 0o $0 00 $000 $0 oil I inf $000 $0 00 $0 00 $o ao $0 0o Hill $0 Iw $0 00 $0 00 $0 00 $0.00 I felt $000 $000 $a 00 $000 $000 Ilse $0 00 $o Iw $0 00 $0 00 $a ao 1 ee $0 o0 $000 $000 $0 0o $o W 1 IUf $000 $000 $000 $000 $0 oil Pee $0 00 $0 on $0 oil $0 00 $0 00 1 ke $000 $0 00 - $0.00 $o oo $000 1 ek $000 $000 $000 $000 $000 Ike $000 $0 00 $o 00 $o Iw $0 fw I We $0 00 $0 00 $o o0 $o Iw $0 00 1 [lei $000 $0 Iw $0 00 $0 00 $0 o0 I We $000 $000 $000 $000 $000 lee $0 00 $0 00 $0 00 $0 00 $0 W I Ile $0 00 $0 00 $0 00 $0 00 $0 W $0 W I.Itlt TMALC$$ANOE ORDERS $000 $0 00 $000 $0 00 $0 00 low 1 Iflf pRD7P,c1„TOTALS ® m m 0 = m CZ3 STORED MATERIAL SUMMARY PAGE i OI' 4 o6cr On Hand Rncicved Imlalw On Ilhv.i Invvlx Pttvlvul Th1a 77ue Iln- Nll.ba Me Pullh APPhcallvu Penal Pcnw App!l.eu.m ALy $000 $0.00 SII.W $11111l SECTION 02500 QUANTITY ESTMIATE - VOGEL CONCRETE :'STREET., - _- ,'ter -+' 'FROM-_`_ TO„" _ �;"� �_ r-�y 1� 403 50" t 604 10 604'12 604'14�V ' 'i 604`16 = 60801 -. = 608 02 -` _; 608 03 �-- h,Ternn = - Patching'' dnlet Deck- ^, Catch'Basln Recon.'Curb `Inletx; ,Type 13 Curb= - _ ---_ �a��`Inlet3'��r;CulSert »Sidewalk=. - ` T ' - - ger+.-cmete Ra_R,Apron".R&R,Pan�= - _ TON` -EA , at,EAzn EA: fc a _ .Each . ,�: � EA_=�Pa _S'F. 'cS F� E Lmwln Ave Poudre River Bnd e IW Of Lemay Ave 383 000 000 000 1 000 000 000 000 SUBTOTALS 3W- 00i> ,t000__ ".000'�-',I 000'x-`z '5o0o-'--,I-- _0006_-1000_- E Stuart St IS College Ave Stover St 103 0 0 0 1 D 1 482 724 Jp SUBTOTALS „-5"^e'_z-e`%%,.- -<_= air: ;>i"m - - ��, 3' � "v"10272,z s m'o00 ;. ',,,0 00,, _ -- n-000-;._a- -,^s100«' -000-�„.�48218=� °=a 72400 Busch Dr I Mountain Vista Dr IE Coun Road 52 8 13 000 000 ROOM 000 000 000 Q 000 000 SUBTOTALS <000_ -000' -000--T�., --000s". - = 000� `'-1100 ` b'000 Crty Park Dr W Mulberry St 000 000 000 000 000 000 000 1 000 IS Bryan Ave S Bryan Ave City Park Ave W Mountain Dr 1514 000 000 too 000 000 000 16200 S Mckmle Ave W Oak St W Mountain Dr 441 000 000 000 000 000 000 000 W Oak St S Bryan Ave S Shields St 2149 000 000 900 000 000 000 000 SUBTOTALS +'- -_- -_- -' - -- E Laurel St S College Ave Stover St �4104-�-'_�000 2713 �e - 000-'- 1 00 000 - =r `1000�, 000 000-k- 000 "000':`_����;�000" 000 000 ���16200,Z. 0 00 SUBTOTALS - Grousa Cr E Wdlox Ln - E Wilcox Ln -'-2713 193 -,w`7 00 __ - 0 00 _ 000 - 1 00 - _� 000_1' ^ 000 E 000= =-` _, ' 000:+"=� -'=�000"?=_ 10964 ? a=000x=�.� 36 00 Peregrine Run E Wilcox Ln E Willox Ln 162 000 000 000 19829 5400 Pica Run E Wilcox Ln E Wilcox Ln 143 000 000 000 000 000 Ptarmi an Ct E Wilcox Ln South End 2 03 0 00 0 00 000 =010� 12353 6000 Quail Run E Willox Ln E Wilcox Ln 308 000 000 000 9464 21000 SUBTOTALS -�'c" _- Gil alad Wa , South End Hill Pond Rd 1008 s' 808 =000'_N� 000 '�- 100 - 0 00 - *._000='� 000 ., -152610 .v 26334 '9-36000"-;' 15600 Gil alad Way Hill Pond Rd North End 548 000 000 000 000 000 14535 22800 Hill Pond Rd S Shields St Shire Ct 1467 000 000 000 000 000 000 000 Mirrormere Cr Weathertop Ln East End 691 000 000 000 000 000 000 000 Shire Ct S Shields St Hill Pond Rd 1507 000 000 000 000 000 14787 27600 Sundering Or Weathertop Ln West End 436 000 000 000 000 000 14896 000 Waters Ede Hill Pond Rd North End 438 000 000 000 000 100 000 000 Weathertop Ln Shire Ct North End 789 000 000 000 000 000 52868 1 31200 Wind Tr Waters Ede East End 381 000 000 000 000 000 000 000 Winterbe W HiliPond Rd North End 1092 000 000 000 000 000 12784 15600 SUBTOTALS - - - r= -. `-d-' S Lemay Ave I Poudre River Bride E Pros ect Rd 8157, 000-_ 18 0 :000 `�_ �- 000`'- 0 0 - =000 t.-=- - -,-,100-s 0 1 0 1 =A136204-r 1112800x�' 6 0 (SUBTOTALS ; `-- '_-,... � - - - - 1798'. :' 000 : -=000, - 000' -„�_ 000..--=` • c Q00- - '-- 636- =- 2;-==000 rr rr r rr 1r rr rr Page 1 of EM MUM = EM EM SECTION 02500 QUANTITY ESTIMATE - VOGEL CONCRETE �eSTREETt ' r b «Yv.:`'-2�"'';` .FROM - > _ 3 I'^�.�3�.i>� -.•} ,iinYt.:v-m�� __ = Tom _ ` xF - - -^ _ ` �'k4^. 608.047:4 .., nO w� a> _ a �' Walk r ,-',608.05 %= ." _ �.��'60606�,-�, 60808..=`-T60809_�` %oO WI,B ," _ : _ ,VCW14.s _ _ # " £t w,rva-rv,�l. ` - , Waik N%aIR' _, _ <}ata-!�•`'-.��_ t..,.i3 17 04 -Q'„ . .,'r b �a..a.e ; _ :. �'�_� £y...'>;^ %"'# :'q-- ---'s t v--, '606'1Oa» _ 606'17t;;608*13�� - Vie` t, ._ Vk-DA Wl,- r, - -_:`_". y- — r i.icui=�v - ' V(: ntMai - �{�^�.^, �.•H :�.-�`:,st., +. y :�,, .�2: Ta . T��S§ . ?c 5; "y'„` �3-..- _ ; « 3: <' S � ` .L _ � t _ 2F _ = L`F �`_� "�"#.rz .y: z�- W Of Lemay Ave 1 000 000 000 000 000 1 4600 1 000 000 E Lincoln Ave Poudre River Bride 000 ---"000 ^'�"—'000=�_'.--000=— —000-=c=-'=`4600'_—'='�000==""-'��t000: S Colle a Ave Stover St 0 D 0 644 17 1205 249 0 rMart - Busch Dr Mountain Vista Dr E County Road 52 E 000 000 000 000 64400 1700 1 120500 24900 000 000 000 000 000 30700 000 000 SUBTOTALS City Park Dr IW Mulberry St S Bryan Ave 000 000 000 000 000 000 000 30700 000 000 000 1 000 000 000 000 000 S B an Ave CityPark Ave W Mountain Dr 000 000 000 900 000 16350 16450 000 S Mckinle Ave W Oak St W Mountain Or 000 0 00 0 00 000 000 000 000 000 W Oak St S Bryan Ave S Shields St 000 000 000 1200 000 2600 000 000 SUBTOTALS I E Laurel St IS College Ave Stover St 000 1 000 000 000 000 000 2100 000 000 10200 18950 61 00 16450 1 000 000 0 00 SUBTOTALS 1 000 000 000 000 10200 6100 666 606 Grouse Cr I Willox Ln E Willox Ln 1400 2500 000 000 D00 000 000 000 Peregrine Run I Willox Ln E Willox Ln 000 800 1000 000 000 000 000 000 Pica Run IE Willox Ln E Willox Ln 3200 2100 000 000 000 000 000 000 Ptarmigan 0 1 E Willox Ln South End 0 00 2200 3200 000 000 0 00 000 000 Quail Run E Willox Ln E Willox Ln 400 2100 000 1 000 000 000 000 SUBTOTALS . r Gil alad Way South End Hill Pond Rd 1 5000 10600 1 9700 1 4000 4200 1 10500 000 000 1 000 000 0000 00 000 000 000 000 000 Gilalad Way Hill Pond Rd North End 8800 3800 000 000 000 000 000 000 Hill Pond Rd S Shields St Shire Ct 2700 300 0 00 000 000 50600 000 1900 Murormere Cr Weatherto Ln East End 15100 11000 000 000 000 000 000 000 Shire Ct S Shields St Hill Pond Rd 23300 20800 1800 coo 000 1500 000 000 Sundering Dr Weatherto Ln West End 91 00 7300 000 000 000 000 000 000 Waters Ede Hill Pond Rd North End 000 000 16500 000 000 000 000 000 Weatherto Ln Shire Ct North End 9500 9500 000 000 000 000 000 000 Wind Tr Waters Ede East End 000 000 14300 000 000 000 000 000 Winterberry Wy I Hill Pond Rd INorth End 000 000 1 31800 000 000 4100 000 000 SUBTOTALS 1 S Lema Ave Poudre River Bride E Prospect Rd 791 00 0 56700 0 74900 1 0 000 4 000 0 56200 366 000 26 1900 0 SUBTOTALS 000 rr 0DO rr 000 �� 400 it 000 it 36600 i 2600 000 ri Page 2 of 4 SECTION 02500 QUANTITY ESTIMATE - VOGEL CONCRETE _,.$IMCtt l> _ - .. at`a in'4 �,- E Lincoln Ave "l.;- `F KUIVI:- -=`-t" __ _ jPoudre River Bridge ,�=i'Tu�.�-.�'-: __ ifa� 15 ,r $r-n� W OF Lema Ave --60823¢.�:, --60824 =4 w,-, 60825t :60&26= �.:60$27 ,' ___60830c— _608"31': HandlCdP c I?' 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Wdl Depth' " -Depth '- -� 3 _ - _ _- - .-• v`- - _�3Pavin - - _9' _ c..-lsr x`- -Approacht- -- tr:5`F-,-r:-r:- 0 00 ;SF.=- _=S.F=';�"- s;S.FSre �> _SF:'S`F".;'v.: 19600 55 00 0 00 00 000 ""S.F.*,Z- 0 00 SUBTOTALS"- _d=a.-=-n"� i "" - `,. =-- .' = `_-Kz',000_- ,r -*k 19600" ^">-;25500 •.,. ;_;,.rnODO,• Ui� DOOa'�..°"-'�000"1,'�''-'?'OOO AS E Stuart St S Coll a Ave Stover St 76 542 309 104 0 0 0 SUBTOTALS: c,4'if :'"'" -"^;"=.-"a„ vim'•".:, ,,. ;? : _ - u�.7600 _:.ry :.x°_,54150:-'s 's` 30900 ;.>�-`•- 10400~Us.. �;:"000 -`_� �> 3 000a'-'. ,. ,O00 V"� Busch Dr Mountain Vista Dr iF County Road 52 000 000 000 000 000 000 000 :+. -,`,000-_ -0 00 =,'.`-'`000 ." 1`000 ""'s 000_ —,­ i"000:,,,: e+ti-='`006 Ci Park Dr W Mulberry St 5 B an Ave 0 00 0 00 D 00 000 000 000 0 00 S B nAve CityPark Ave W Mountain Dr 1 000 1800 15000 85800 000 000 000 5 Mckinle Ave W Oak St 1W Mountain Or 1 9900 20400 20 00 000 000 3800 2500 W Oak St S Bryan Ave 15 Shields St 1 687 DO 143400 50500 000 000 43200 2700 tA,'"47000f-I ,6 5200�ro'�`1 E Laurel St S Colle a Ave Stover St 000 291975 46400 000 000 201700 22700 SUBTOTALS"✓b ,t `..: _'r:x`? ""='0&- �.�..=0,00.:: -`291975L.,.. d,a 46400_-#= .' A-OOO,.�,rk r P<000,-,,� K-201700:: ,, -,422700-,'., Grouse Cr E Willox Ln E Willox Ln 000 000 000 000 000 000 000 Peregrine Run E Wilox Ln E Witoxln 000 000 OW 000 000 000 000 Pip Run E Willox Ln E Willox Ln 000 000 000 000 000 000 000 Ptannl an Ct E Willi Ln South End 000 000 000 000 000 000 000 Quail Run E Willox Ln E Willox Ln 000 000 000 000 000 006 000 SUBTOTALS,:; .w -w='r Gil alad Way, 'aG'-' _ � �'- South End ===K7`5�'-;-"4;�=- Hill Pond Rd C;�':'000 000 'q= 000, 000 �,-Af*000"_. ?; 000 - .`n000"rr`."- 000 - t000'.. 000 -"c000c= - 000 o-.000` 000 Gllalad Way Hill Pond Rd North End 000 000 3900 000 000 000 000 Hill Pond Rd S Shields St Sh0e Ct 000 27600 000 000 000 000 000 Mirrormere Cr Weathertop Ln East End 000 000 000 000 000 000 000 Shire Ct S Shields St H01 Pond Rd coo 9800 D 00 1 000 000 000 000 Sundering Or Weathertop Ln West End 000 000 000 000 000 000 000 Waters Ede Hill Pond Rd North End 000 000 000 000 000 000 000 Weathertop Ln Shire Ct North End 000 2800 000 000 000 000 000 Wind Tr Waters Ed a East End 000 000 000 000 000 000 000 Wmter1 W Hill Pond Rd North End 000 000 000 000 000 000 000 I _ SUBTOTALS."b'rx� -'-, -=AR - _ _ -k Imli 5 Lema Ave Poudre River Bride E Pros ect Rd �000-__ 0 t.40200,, 458 s.,F3900-__ 60 7,ODO- 0 _ - - 000`4 116 `_'000 `�-- -­ 000- - a 0 MIFE10, SUBTOTALS=>,h.Y r - - e - ,.,Z = N , 0 00a 458 00'-' r; .; 60 00 0 DO' - 116 00= - ,`-.0 00 = ' ^ 0 00 Page 4 of 4 SECTION 03500 PROJECT MAPS m = = m 0 m m = m = = = m MO 0 No Text