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BID - 5942 LEE MARTINEZ FARM ADDITION (2)
SPECIFICATIONS _►I CONTRACT DOCUMENTS FOR Lee Martinez Farm Addition BID NO. 5942 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS November 1, 2005 - 3:00 P.M. (OUR CLOCK) 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 12/03 Section 00100 Page 4 36 EICDC GENERAL CONDMONS 1910-6 Q990 EdiLim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/'000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 1&1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This, agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.111 and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiatecL such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered wTitten notice of intention to appeal as provided in paragraph 9.1(). 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be. made after the date when institution of legal or equitable proceedings based on such clain, dispute or other matter in question would be barred by the applicable statute of hinitations. EJCDC GENERAL CONDITIONS 1910-3 (1990 Editim) wI CITY OF FORT COLLINS MODIFICATIONS (REV 9,199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon itin any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.T OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve m arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC GENERAL CONDITIONS 1910-8 (t990 Editimi) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -A I SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: CTL/THOMPSON INCORPORATED SOILS AND FOUNDATIONINVESTIGATION ADDITION TO THE ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK FORT COLLINS, COLORADO Project No. FC03527-125 June 30, 2005 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the 7/96 Section 00800 Page 1 paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or II - lI1 N furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. Must be documented and approved by City's Project Representative. SC-13.12 Correction Period: 13.12.1If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions . . . [IIIISIIIIII�� No Text SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment I .. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: 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 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must, be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the 12/03 Section 00100 Page 5 Section 00960 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: By: Date: FINAL In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY (Title) cc: Accounting City Clerk Contractor Engineer Project File DATE: 9/997/96 Section 00960 Page 1 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. 'These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. & COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: MF.THOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to he used in determining the final cost of'SVork involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed. Work when the estimated time is reached. Ifthe Work Change Directive is not likely to change the Contract Price, the apace for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to andtorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once: die Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIREC.TIVF TO PROCEED WITH A CHANGE THAT MAY AF1 ECT TI3E CONTRACT PRICE OR CONTRACT TIMES. A CHANGF ORDER, IF ANY, SHOULD BE CONSIDEMD PROMPTLY. Section 00970 Page 1 DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) 5OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ENGMEER OWNER By:By: EXDC No. 191048 F (1996 Edition) le MWA by d:c EnOoeetc Mal Caouw Dooum tt Commi#ee NW mdomed by n to Mweimcd General 000MC(M of Maio red the.Co#lt[voip# Spodawioes 4ufdile. Section 00970 Page 2 Df comement orC mction IV wt itrchnokgy Project: R.F.I. Number: From: REQUEST FOR INTERPRETATION To: Date: A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date RetUd: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A Section 00970 Page 3 Advancement o/ ConaIV arr,wt Technology Project: Clarification Notice Number: CLARIFICATION NOTICE From: To: Date: A/E Project Number: Re: ContraaFor. This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description; ❑ Attachments Signed by: Date: Copies; ❑ Owner ❑ Consultants ❑ Copyright 1994, Construction Specifications Institute, 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 ❑ ❑ ❑ _ Page of ❑ File July 1994 CSI Form 13.3A Section 00970 Page 4 Advancement AdvaotConcement on IV Technology Project: To: Re: Field Order Number From: Date. AiE Project Number: Contract For: FIELD ORDER You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Sectiow Paragraph: Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyright 1994, Comtruction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Fonn 13.4A Section 00970 Page 5 SECTION 01010 SUMMARY OF WORK PART GENERAL 1.01 PROJECT SITE A. Location: The Farm at Lee Martinez Park is located at 600 N. Sherwood Street, Fort Collins, Colorado. B. Related requirements or conditions specified elsewhere: 1. Section 01020, Allowances. 2. Section 01022, Unit Prices. 3. Section 01030, Alternates. 4. Section 01046, Access to Site. 1.02 DESCRIPTION OF THE WORK A. General: The work consists of the construction of a 694 square foot addition to the Farm Administrative Building including, but not limited to, building envelop from foundation through finishes, related site work, utilities, landscaping, as described in the contract documents. B. Unless otherwise provided, Contractor shall provide, at his expense, all materials, labor, equipment, tools, transportation and utilities, including cost of connection necessary for successful completion of the project. C. It is the intent of the Owner not to disturb the normal functions of the complex, its residents and their visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. D. The Contractor shall be responsible for seeing that all contractors, subcontractors, suppliers and workmen associated with the project conduct themselves in a professional and businesslike manner while on the site. 1 . Alcoholic beverages and smoking will not be permitted on the site, anywhere within the Owner's facilities or on the Owner's property. 2. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site. 3. Other specific conditions of this Section shall be as arranged at the Pre - Construction Conference. 4. Refer to Section 01046 for specific rights of the Owner's principal representa- tive. 1.03 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects of similar size and scope within the past two (2) years. 1. Contractor shall hold a Class C-1 Contractor's License with the City of Fort Collins. B. Superintendent Qualifications: Refer to Section 01041. 1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT A. The work of this Project shall be bid and construction contracts awarded on the following basis, unless otherwise modified in the General or Supplementary Conditions 01010 - 1 0237.07 of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 WORK BY OTHERS (if necessary) A. The Owner shall furnish and install all offsite improvements, including street improve- ments, utility extensions and stormwater systems by separate contract. END OF SECTION 01010 - 2 0237.07 SECTION 01025 MEASUREMENT AND PAYMENT PART GENERAL 1.01 WORK INCLUDED A. This Section covers methods of measurements and payment for items of Work covered in the Bid Form/Bid Schedule. 1 . Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. B. Bid Price. 1. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. 2. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools, performing all labor and supervision to fully complete the Work, associated General Conditions and Division 1 expenses associated with the Work, and the costs of Contractor overhead, profit and bonding applicable to the particular Bid Item. C. Related work specified elsewhere: 1. Bid Form/Bid Schedule. END OF SECTION 0237.05 01025-1 SECTION 01026 APPLICATIONS FOR PAYMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Owner in accordance with the schedule established by the General and Supplementary Conditions of the Contract and Owner -Contractor Agreement. B. Related requirements specified elsewhere: 1 . Owner -Contractor Agreement: a. Lump sum and unit prices. b. Progress payments, retainages and final payment. C. Allowable progress payments for Contractor overhead, profit and Division I expenses. 2. Bid Form. 3. General and Supplementary Conditions: a. Retainages. b. Liquidated damages, if applicable. C. Partial release of lien affidavits. 4. Section 01370, Schedule of Values. 5. Section 01700, Contract Closeout. 6. Section 01730, Operating and Maintenance Data. 1.02 FORMAT AND DATA REQUIRED A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise approved. B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall be those of the Schedule of Values accepted by Architect. C. Applications for payment shall include only that material, labor and/or stored material in place as of the date of Application. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1 . Form shall be completed and notarized by a Notary Public, state of Colorado. 2. Fill in required information, including that for Change Orders executed prior to date of submittal of Application. Incomplete Application forms shall be returned to the Contractor and not processed. 3. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 4. Certification shall be executed with signature of a responsible officer of contract firm. B. Continuation Sheets: 1 . Fill in total list of all schedule component items of work with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored, as of date of Application. 3. List each Change Order executed prior to date of Application at the end of the 01026 - 1 0237.07 Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 12/03 Section 00100 Page 6 continuation sheets. a. List by Change Order number and description, as for an original component item of work. C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated in the General and Supplementary Conditions. Contractor shall reflect the amount retained on each Application for Payment. D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens Affidavit with each Application for Payment certifying payment to Subcontractors, material suppliers or other entities having provided labor, materials and equipment related to the Work covered by the previous Application for Payment, as specified in the General and Supplementary Conditions. E. Prior to acceptance of Application for Payment, Contractor shall show that project record drawings are current and up to date per Section 0 17 20, as requested by the Architect or Owner. F. Prior to acceptance of Final Application for Payment, Contractor shall submit complete operating and maintenance manuals for review and acceptance by the Architect and Owner. Refer to paragraph 1.06 below. 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner requires substantiating data, Contractor shall submit suitable information with a cover letter identifying: 1 . Project name, Application number and date. 2. Detailed list of enclosures. 3. Stored materials may be submitted for payment, provided they are stored on site, in the Subcontractor's insured facility, or in a bonded warehouse facility as of the date of Application. a. Submit item number and identification as shown on Application, description of specific material. b. Submit certificate of insurance indicating coverage of stored materials, if requested by the Owner. B. Submit one (1) copy of data for each copy of Application. 1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, Contract Close -Out. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Architect within the time limitations and deadlines stipulated in the Agreement. B. Number: Four (4) copies of each Application, or as established at the Pre -Construction Conference. C. When Architect finds Application properly completed and correct, he will transmit Certificate for Payment to Owner within seven (7) calendar days. D. Final Certificate for Payment shall be processed only after operating and maintenance manuals have been received, reviewed and accepted by the Architect and Owner. 01026 - 2 0237.07 END OF SECTION 01026 - 3 0237.07 SECTION 01027 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and promptly implement Change Order procedures: 1 . Provide full written data required to evaluate proposed changes in the Contract Sum or extensions of the Contract Time. 2. Maintain detailed records of work done on a time-and-material/force-account basis. 3. Maintain detailed records of weather -related delays to substantiate claims for additional time. B. Designate in writing the member of Contractor's organization who is authorized to ac- cept changes in the work. C. Related requirements specified elsewhere: 1 . Owner -Contractor Agreement and Conditions of the Contract: a. Methods of determining cost or credit to Owner resulting from changes in the work made on a time -and -material basis. b. Contractor's claims for additional costs. C. Allowable limits for Contractor's overhead and profit. d. Established unit prices. 2. Section 01026, Applications for Payment. 3. Section 01046, Access to Site: Designation of Owner's Principal Representa- tive, authorized to execute change orders. 4. Section 01310, Construction Schedules. 5. Section 01370, Schedule of Values. 6. Section 01600, Material and Equipment: Substitutions. 7. Section 0 17 20, Project Record Documents. 1.02 DEFINITIONS A. Change Order: See General Conditions. Use City of Fort Collins standard Change Order form included in the project manual, Section 00950. B. Field Order, CSI Form 13.4A: A written order, instructions or interpretations signed by Architect, and/or, Owner's Representative making minor changes in the work not involving a change in Contract Sum or Contract Time. C. Proposal Request, AIA Document G709: A written request by the Owner or Architect describing proposed changes in the work and requesting change order pricing from the Contractor, but not authorizing the work to be completed until approved in writing by the Owner. D. Work Change Directive, standard City of Fort Collins form: A written order to the Contractor signed by Owner and Architect which amends the Contract Documents as described and authorizes Contractor to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. 01027 - 1 0237.07 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 12/03 Section 00100 Page 7 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 12/03 Section 00100 Page 8 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 9 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT:5942 Lee Martinez Farm Addition Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 8. BID SCHEDULE Lump Sum Dollars, ($ Amount written in words 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: FIRM NAME Are you a DCorporation, ❑Partnership, ❑ DBA, ❑ LLC, or ❑PC? Signature Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email 7/96 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-3 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 00970 Construction Specification Instruction Forms 00970-1 - 00970-5 SPECIFICATIONS SOILS REPORT KNOW ALL MEN BY as Principal, and hereby held and firmly OWNER, in the sum of $ SECTION 00410 BID BOND THESE PRESENTS: that we, the undersigned bound unto truly to be made, we hereby jointly and assigns. as Surety, are the City of Fort Collins, Colorado, as for the payment of which, well and and severally bind ourselves, successors, THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5942 Lee Martinez Farm Addition. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. W96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) SURETY M Title: (SEAL) 7/96 Section 00410 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction: 12. List your major equipment available for this contract: 13. Experience in construction work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? M01 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? (provide detail) What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of Name of Bidder By: Title: State of County of �11 being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 Notary Public My commission expires 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 200 of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: 170 PROJECT: 5942 Lee Martinez Farm Addition OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5942 Lee Martinez Farm Addition The Price of your Agreement is Dollars ($ ) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The Citv of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of a 625 sq. ft. addition to the Lee Martinez Farm administrative building including building envelope from foundation through finishes, related sitework, utilities and landscaping and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Aller-Lingle Architects, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within One Hundred Fifty calendar days after the date when the Contract Times commence to run as provided in the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the One Hundred Fifty (150) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance, with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract 9/12/01 Section 00520 Page 2 SECTION 00020 INVITATION TO BID Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.E of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 9/12/01 Section 00520 Page 3 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: DRAWING INDEX: Title Page With Vicinity Map D1.0 Demolition Plan D1.1 Demolition Photos SD1.0 Site Plan A1.0 Floor Plan ALL Ceiling Plan AL2 Roof Plan A2.0 Elevations A3.0 Building Sections A4.0 Details and Schedules S 1 A General Notes; Sheet Index S 1.1 Load Key, Typical Details S 1.2 Typical Wood Details S2.0 Foundation Plan and Roof Plan S3.0 Details M 1 Mechanical Plan & Schedules 9/12/01 Section 00520 Page 4 El Electrical Power Plan & Details E2 Lighting Plan & Schedules E3 Electrical Specifications The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. 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. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work:5942 Lee Martinez Farm Addition To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and _, 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 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 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are City of Fort Collins, 300 Laporte Ave, Fort (Municipal Corporation) hereinafter referred to sum of of the United States, for the we bind ourselves, successors these presents. held and firmly bound unto Collins, Colorado 80522 a as the "OWNER", in the penal in lawful money payment of which sum well and truly to be made, and assigns, jointly and severally, firmly by THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,5942 Lee Martinez Farm Addition. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal (Title) (Address) Other Partners By: By: Surety By: By: (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5942 Lee Martinez Farm Addition. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00020 INVITATION TO BID Date: October 06, 2005 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on November 1. 2005, for the Lee Martinez Farm Addition; BID NO. 5942. If delivered, they are to be delivered to 215 North Mason Street, 2Id Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of a 625 sq. ft. addition to the Lee Martinez Farm administrative building including building envelope from foundation through finishes, related sitework, utilities and landscaping. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available October 11, 2005. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80524 upon payment of a refundable fee of Fifty Dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. Dodge Plan Room, 1114 W. 7tn Ave., Suite 100, Denver, Colorado. 3. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 4. Construction News Service, 4775 Centennial Blvd Ste 150, Colorado Springs, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 600 N Sherwood, Fort Collins, CO 80521 on October 18, 2005, at 10:00 A.M. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:5942 Lee Martinez Farm Addition PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 5942 Lee Martinez Farm Addition. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT:5942 Lee Martinez Farm Addition (CONTRACTOR) 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. S. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 5942 Lee Martinez Farm Addition CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) ME ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR ol72 ri2r95o COLORADO DEPARTMENT OF REVENUE DENVEfi'I (303) 232-2416 CONTRACTOR APPLICATION 2-2416 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 30-26.114(1Xa)QCDC} DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying trust be used only forthe purpose of purchasing construction and building materials for the exempt project described below, This exemption does not include or apply tothe purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he 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 law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side), FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. IgstralbrlAccoun No. to be sssgred by end 0170-750 (999) $0.00 81e9 - p -2777, € z Trade name A. ummer, partner or ccvpora a name Mailing address y, State,Zip) : on ac erson E Mail address FederalEmployer's Identification Number Bid amount for your contact. ax Number Dusiness telephone nun-beCColoradow o ing tax aaoun num er. � N INFO,- — Tit ame at exempt organization ass own on contract) xernim organization s number 98 - Ad ress o exempt organization (City, State,Zip): Principal contact al exempt organization Principal contacts telephone number. Physical location of project site (give actual address wren applicable and Cites and/or County (ies) where protect is located) Scheduled Wnth Day Year Estimated en ay ear cwstwoion start date. mmplation date. t dedare under penalty of perjury in the second degree that the statements made in Mis application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer Tire of corporalc otlicor Date: UU IVUI VVKII In IStLUVV IKIS Lli Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copes of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89## has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Docwuents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal ,property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By J4 mes B. O'Neill, II, CPPO, FNIGP 7�Di ee or of Risk Management & Purchasing TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number l . DEFINITIONS 1 2. PRELIMINARY MATTERS 3 1.1 Addenda I 2.1 Delivery of Bonds ........... ........ ........ 1.2 Agreement .......................................... 1 2.2 Copies of Documents....- ..... ,....... ...3 1.3 Application for Payment,,,,___,,,,,_, ....... 1 2.3 Commencement of Contract 1.4 Asbestos,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,1 limes; Notice to Proceed,,,_,,,_,,,,,, 3 1.5 Bid.......... .................1 2.4 Starting the Work.......... 1.6 Bidding Documents ........................... .1 2.5-27 Before Starting Construction; 1.7 Bidding Requirements..._._. ........ 1 CONTRACTORsResponsibility 1.8 Bonds I toRepomPreliminary Schedtles; 1.9 Change Order _,,,,.I Delivery of Certificates of L10 Contract Documents 1 Insurance 3-4 I'll Contract Price 1 2.8 Reconstruction Conference 4 1.12 Contract Times ,,,................................. 1 29 Initially Acceptable Schedules._ ... -.... 4 1.13 CONTRACTOR....................1 L14 defective ........... 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings .......... ........................I........1 AMENDING, REUSE ....._................._.._-..... ..... 4 1.16 Effective Date of the Agreement,,.,,,,,,_, 1 3.1-3.2 Intent,_.,,,,_.,,,,_,,,,,,,,,,,,,,,,_,........, 4 1,17 ENGINEER , ...... .... .. 1 3.3 Reference to Standards and Speci- 1.18 Consult ENGINEERS ant,,,,,,,,,,,,,,,,,,, ,,I fications of Technical Societies; 1.19 Field Order,,.,.._,,,,,,,,,,,,,,,,,-_,,,,,_, 1 Reporting and Resolving Dis- 1.20 General Requirements .......... ,,,,,,,,,,_2 crepancies_,.,,,,_...... ,_.... -...,.,,4-5 121 Hazardous Waste ................................. 2 3.4 Intent of Certain Terms or 122.a Laws and Regulations; Laws or Adjectives ..................................... 5 Regulations ......... -.,,,,,... ,,,,_,.._„ 2 3.5 Amending Contract Docunents. 1.22.b ..... Legal Holidays ,,,__,,,,,,,,,,,,,,,,,,......... 3,6 ...... Supplementing Contract .5 1,23 Liens ............... _................................? Documents............................,......5 124 Milestone ................. _.........................2 3.7 Reuse of Documents.._..............._....? 1.25 Notice of Award 2 1.26 Notice to Proceed ...... .......... - ...... .,,_,,...2 4. AVAILABILITY OF LANDS; 1.27 OWNER._...._........._........_............_? SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization 2 REFERENCE POINTS 5 1.29 PCBs ............... ...... ........... .... ....._,,., 2 4.1 Availability of Lands .... .................5-6 130 Petroleum2 42 Subsurface and Physical 1.31 Project..... .„.„.2 Conditions. _-..„6 1.32.a Radioactive Material 2 4.2.1 Reports and Drawings ............ .._,,,,... 6 1.31h Regular Working Hours- ,,,,,,,,,,,,,,,,,,,,,^_ 42.2 Limited Reliance by CONTRAC- 133 Resident Project Representative TOR Authorized; Technical 1.34 Samples ...... ............. ...... .....,.......... ._' Data ....... ......_........_............. ..._6 1,35 Shop Drawings ........... ........ I ....... _„_„2 423 Notice of Differing Subsurface 136 Specifications ........... 2 or Physical Conditions6 1.37 Subcontractor -2 4,2.4 ENGINEER'sReview 6 138 Substantial Completion ,,,,,,,,,,,,,,,,,,,,,_ 2 4.2.5 Possible Contract Documents 139 Supplementary Conditions,,,,,,,,,,,,,,,_,,,? Change„_,,,,,,_,,,, _6 1,40 Supplier,,.,,,,,_,_„,2 4.2.6 Possible Price and Times IAA Underground Facilities ................... 2-; Adjustments , ,,,.,,._ _.,6-7 1.42 Unit Price Work ,,,,,,,,_,,,,,,,,,,,,,,,,,, ...... 3 4.3 Physical Conditions --Underground 1.43 Work 3 Facilities 7 1,44 Work Change Directive ....... ..... 3 4.3.1 Shown or Indicated, 7 1,45 Written Amendment 3 43.2 Not Shown or Indicated 7 4.4 Reference Points ................................ 7 E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 625 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material_„ ..................... to Shop Drawing or Sample Submittal .............................. ...... 16 5. BONDS AND INSURANCE ..,.,..._.__,,......_._...._... 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds...............................................8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents „.,.....,,,17 Certificates of Insurance ..................... 8 6.28 Related Work Performed Prior SA CONTRACTOR's Liability to ENGINEER's Review and Insurance .................... �....,,._-.....,,....9 Approval. of Required 5.5 OWNER'sLiability Insurance ..........9 Submittals,,..._ „ ............ .........17 5.6 Property Insurance ............... ....... ....9-10 6.29 Continuing the Work .... ................ 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance . . . .............10 Warranty and Guarantee. _ _. _.., ,,, ....17 5.8 Notice of Cancellation Provision l0 6 31-6.33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations.. .................. IS for Deductible Amounts .................... 10 510 Other Special Insurance..10 7. OTHER WORK.....................,..,.....,........,......_. is 5.11 Waiver of Rights .... ........ ........_..,....,..11 7.1-7.3 Related Work at Site-, ..................... 5.12-5.13 Receipt and Application of 7.4 Coordination,._.. ....... ........AS Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insm- 8. OWNER'S RESPONSIBILITIES _.......__....__....18 ante; Option to Replace._.. .... ,....,11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR. 18 Insurance.,.,..... _.............._..._..,...,,,11 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6.1-6.2 Supervision and Superintendence_....,, 11 8.4 Lands and Easements, Reports 6.3-6.5 Labor, Materials and Equipment... 11-12 and Tests...............................18-19 66 Progress Schedule— .........12 8.5 Insurance :_.._,,....___...._......_.,....._19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders.., ........ ...... ........._ 19 CONTRACTOR'sExpense, 8.7 Inspections, Tests and Substitute Construction Approvals ..............._....,,_.....,,_.. 19 Methods or Procedures; 8.9 Stop or Suspend Work, ENGINEER's Evaluation 12-13 Terminate CONTRACTOR'S 6.8-6.11 Concerning Subcontractors, Services....,__ ..............._.,....._..._ 9 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ........ _....... _..,_„13-14 Responsibilities _... ............. ,......... 9 6,12 Patent Fees and Royalties _,,....114 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits--_ ..... I ........ __ ......... ...... 14 Hazardous Waste or 6.14 Laws and Regulations.... .......14 Radioactive Material,_ .... . .........19 6.15 Taxes................................„......__14-15 8,11 Evidence ofFinancel 6.16 Use of Premises ......... ..........__ 15 Arrangements, ,,...... _ .........19 6.17 Site Cleanliness ................................. 15 6.19 Safe Structural Loading__ ... _......... _,.15 9, ENGINEER'S STATUS DURING 6,19 Record Documents ...........................15 CONSTRUCTION_........,.....,._..,,._..,..,....__.._...J9 6.20 Safety and Protection ............... 15-16 9 l OWNER's Representative ... ,_..... _, 19 621 Safety Representative.,.. _ 16 9.2 Visits to Site,... __.,19 622 Hazard Communication Programs,..... 16 9.3 Project Representative.,___..,_.__ 19-21 6.23 Emergencies......,,,_ ..... ................. 16 9.4 Clarifications and Interpre- 624 Shop Drawings and Samples ,,...,._,.,16 tations ........................... . .........21 9.5 Authorized Variations in V& 21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9M) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work..................21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices.. _... 21-22 9.11-9,12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities_.., 22-23 CHANGES IN THE WORK 23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment .......................23 10.3 Work Not Required by Contract Documents _... _...........-_ ................ 23 10A Change Orders......... _...................._23 10.5 Notification of Surety._, ............. .... 23 CHANGE OF CONTRACT PRICE ............................... 23 11.1-11.3 Contract Price, Claim for Adjustment; Value of the Work .................................... 23-24 11 A Cost of the Work 24-25 ]1.5 Exclusions to Cost of the Work 1L6 CONTRACTORsFee_..... .._..._..._.25 11.7 Cost Records 25-26 11.8 Cash Allowances............................._26 I L9 Unit Price Work ................................. 26 CHANGE, OF CONTRACT TIMES ............................ 26 12.1 Claim for Adjustment., ............... ..... 26 12.2 Time of the Essence ... .......................26 12.3 Delays Beyond CONTRACTORS Control ....................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR'S Control................. 27 TESTS AND INSPECTIONS', CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................._. ....... .._.......... 27 13.1 Notice of Defects..,._................_..,,.,.27 13.2 Access to the Work 27 .............................. 13.3 Tests and Inspections, CONTRACTOR'S Cooperation..., _... 27 13.4 OWNER's Responsibilities, Independent Testing Laboratory...,,. 27 13.5 CONTRACTOR'S Responsibilities........ ... , , _ ....... _.... _ 27 13,6-13,7 Covering Work Prior to Inspec- tion, Testing or Approval, ..____.._._... 27 13.8-13.9 Uncovering Work at ENGl- NEER's Request ...... ....... _......27-28 13.10 OWNER May Stop the Work .._...,__.28 13.11 Correction or Removal of Defective Work._ ....................... 28 13.12 Correction Period 28 13.13 Acceptance ofDefective Work,_,_-,_,28 13.14 OWNER May Correct Defective Work ..................................... 29-29 PAYMENTS TO CONTRACTOR AND COMPLETION— ..........................29 14.1 Schedule of Values,._....................29 142 Application for Progress Paym ent..................................... 29 143 CONTRACTOR'S Warranty of Title ........................................... 29 14.4-14.7 Review of Applications for Progress Payments ................ _ 29-30 14.8-14.9 Substantial Completion ................. 30 14.10 Partial Utilization ....................... 30-31 14.11 Final Inspection ...........................31 14.12 Final Application for Payment ....... .31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims 1.31-32 15. SUSPENSION OF WORK AND TERMINATION ........................... _................. 32 15.1. OWNER May Suspend Work.._ ....... 32 15.2-15A OWNER May Terminate..._....,., 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION.- . .................... .. ... . 33 17. MISCELLANEOUS ........................................... 33 17.1 Giving Notice,_... _.............._„_.,..„33 17.2 Computation of Times...................33 17.3 Notice of Claim .............._......_...._33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included ................ _... I ....... 3 17.6 Applicable State Laws.... ... 1 ...33-34 Intentionally left blank .......... ........,_.... ... _...__35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .............. ..._.GC -Al 16.1-16.6 Arbitration ..,,.._,,,_.._,.,....,__.GC -AI 16.7 Mediation..,_..._ .................GC -Al (v EF-W GENERAL CONDITIONS 1910-8 (1990 EDITION) w,' CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX "TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ............ ......... _ _, _. _.......... 5.14 defective Work . ............ __............ 10.4.1, 13.5, 13.13 final payment.......................................9.12, 14.15 insurance .. ........... _...... .......................... ......... $. l4 other Work, by CONTRACTOR......_ ..................7.3 Substitutes and "Or -Equal" Items...._.., 6.7.1 Work by OWNER..... _,. ... ....... 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities .......................... ............4.1 site, related Work ............................. .............7.2 Work..........................................,13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR........_... _................._6.9.1, 9.13.3 ENGINEER .................. _ ............ _ ...... 6.20, 9.13.3 OWNER................................................... 6.20, 89 Addenda --definition of (also see definition of Specifications)„_..._ 1.6, 1.10, 6.19), 1.1 Additional Property Insurances ......... ........................ 5.7 Adjustments_ Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ............I ............. 4.5.3, 9.4, 9.5, 10.2-10.4, .........................................11, 12, 14.8, 15.1 progress schedule .......... 6.6 Agreem ent-- defrnition of........................................... 12 "All -Risk" Insurance, policy form...........................5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents..,,, _. _.........._ ........ 3.5 Amendment, Written -- in general._ ... ... ....... .10, 1.45, 3.5, 5.10, 5.12, 6.6.2 _........................6.82, 6.19, 10.1, 10 4, 11.2 _.............._.. 12.1, 13,12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ......................__9.10, 9.11, 10A, 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 ........... ........... 18, 2.9, 5.6.4, 9.10, 15.5 progress payment .............. _._................_.14.1-14.7 review of.. .................................................14.4-14.7 Arbitration........................_..........................16.1-16.6 Asbestos -- claims pursuant thereto.. ........ ,... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........ .4.5.2 definition of___., .... __............... 1.4 v Article or Paragraph Number OWNER responsibility for ................ _.........;.4.5.1, 8.10 possible price and times change,, ...... ........ 4 S.2 Authorized Variations in Work ....... _.3.6, 6.25, 627, 9.5 Availability of Lands.._........................_...........4.1, 8.4 Award, Notice of --defined„ ,..._,....,_„_ . .-........1 25 Before Starting Construction.. ...,, _2.5 2.8 Bid --definition of ..... _. ....... ...1.5 (1.1, 1.10, 2.3, 3.3, _ _.. 4.2.6.4, 6,13, 11.4.3, 11.9.1) Bidding Documents --definition of...... I ...... I... _..................... .......1.6 (6.8.2) Bidding Requirements --definition of ..... ................... _.......1.7 (1.1, 4.2.6.2) Bonds -- acceptance of .................. _................................5.14 additional bonds_..................._.......-...I05, 11A.5.9 Cost of the Work..........................................11.5.4 definition of.......................................................1.8 delivery of .......... ................. _ ... _..... _.... 2.1, 5.1 final Application for Payment ........... .... general ........ _..... I ........... _....... .. 1.10, 5.1-5.3, 5.13, .......... -......... ............ ... ..9.13, M5, 14.7.6 Performance, Payment and Other .... ............... 5.1-5.2 Bonds and Insurance --in general....,,,,,._...... _., . 5 Builder's risk "all-risk" policy form ..... 5.6.2 Cancellation Provisions, Insurance.,,.,,,. A.11, 5.8, 5.15 Cash Allowances ...................................... .,._„_.._...11.8 Certificate of Substantial Completion .... __.1.38, 6.302.3, _._............................. 14.8, 14.10 Certificates of Inspection_.................9.13.4, 13.5, 14.12 Certificates of Insurance.,.. ............ ,, 2.7, 5.3. 5.4,11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances............_..__ ............._._......._ 11.8 claim for price adjustment.... „__,. 4.1, 4.2.6, 4.5, 5.15, 6.82, 9.4 1113,13.14,14.7,151,15.5 CONTRACTOR'sfee Cost of the Work general... ................ . .......................11 4-11.7 Exclusions t4.....................__._.............,,,_11.5 Cost Records_...._ .......... .... ....1.1.7 in general ....... ,..__I. 19, 1.44, 9A 1, 10 42, 10.4 3, 11 Lump Sum Pricing. __ ...... _.....__ .11.32 Notification of Surely 10.5 Scope of, . 10.3-10A Testing and Inspection, Uncovering the Work...... . . ............ _.......... 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 ED11101b w/ CI"rY OF FORT COLLINS MODIFICA11ONS (REV 9/99) Unit Price Work 11.9 ........................................... Article or Paragraph Number Value of Work ..................... _.....,.................... 113 Change in Contract Times_ Claim for times adjustment .... ,_..4.1, 4.2.6, 4.5, 5.15, .. 1.1... 6.8.2, 9 4, 9.5, 9.11, 10.2, 10.5, 12.1, ...........13 4, 13.13 13.14, 14.7, 15.1, 15.5 Contractual timelimits...................................„12.2 Delays beyond CONTRACTOR'S control. . ..... ............................. _....._....12.3 Delays beyond OWNER'S and CONTRACTOR's control ................ _....,..... 12.4 Notification of surety........................................10.5 Scope of change.......... _ .............. .............. 103-10A Change Orders -- Acceptance ofDefeclive Work .........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances ..... .. ...._............ I ......... 11,8 Change of Contract Price ................. ....................11 Change of Contract ....... Changes Changes in the Work ....... ............ ............._..,._,... to CONTRACTOR's fee ........................................ I L6 Cost of the Work., .......... _...... _ 11.4-11.7 Cost Records.- ....... _.. _.... _ 11.7 definition of 1.9 emergencies.................................................... 6.23 ENGINEER's responsibility....... 9.9, 10.4, 11.2, 12.1 execution of ....................................................... 10A Indemnifiction .........................6.12, 6.16, 6 31-633 Insurance, Bonds and ... I .... .I .... ,,,, .... 5.10, 5.13, 10.5 OWNER in ay terminate. ....... .............. OWNER'sResponsibility _ .... _........ .,......... _8.6, 10.4 Physical Conditions -- Subsurface and ....................... I ......... ....... ...... 4.2 Underground Facilities--.,,.I.......................4.3.2 Record Docum ents ............................................ 6,19 Scope of Change ........................ .............10.3-10.4 Subzstitutes_...._....._......_........._...........6.7.3, 6.8.2 Unit Price Work I L9 value of Work, covered by, ............ ...11.3 Changes in the Work ...._. _. _...._.... 10 Notification of surety .... ......... ,....,10S OWNER's and CONTRACTORS responsibilities ...............................„_....„. 10.4 Right to an adjustment ..... .... ........... ....... ....... ._.10.2 Scope of change ...... _ _... .......................10 3-10.4 Claims -- against CONTRACTOR.,,,,.._.._ ..... ............. _ 6.16 against ENGINEER. ...6.32 against OWNER......... _..... __.... _...... _..... _.... 6.32 Change of Contract Price ......... 11.2 Change of Ccntraet Times ...... ---_, 9A, 12.1 CONTRACTOR's.,...... ,_..4, Tl, 9.4, 9.5, 9,11, 10.2, ......._........ ,_.......11.2, 11.9, 12,1, 13.9, 14.8, _....._..................15.1, vi 15.5, 173 CONTRACTOR's Pee ........... _..........................11.6 Article or Paragraph Number CONTRACTOR's liability ........ _.5.4, 6.12, 6.16, 6.31 Cost of the Work, ..... ........ ........................11.4, 11.5 Decisions on Disputes_...................__,.,,-,9.11, 9.12 Dispute Resolution .,,_..., .......... 16.1 Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,, ..... ENGINEER as initial interpretor ....... I ... ........... 9.11 Lump Sum Pricing.........................................11.3.2 Notice of 17.3 OWNER'S ................... 9.4, 9.5, 9.11, 10.1 11.2, 11 q 121 139 1313 1314 173 OWNER's liability...._....._..................................5.5 OWNER may refuse to make payment .... _........ ,.,14.7 Professional Fees and Court Costs Included....................................................1.7.5 request for formal decision on.- . ........................9.11 Substitute Items...,.....__._................._,,.....,,...6.7.12 Time Extension .............................. ................ ...12.1 Time requirements...._.............................9.11, 12.1 Unit Price Work..........................„,.-.,.,....,.„..11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment ....... ..- ....... 4.14, 14.15 Work Change Directive-... _ 10.2 written notice required .... _ 9.11, 11.2, 12.1 Clarifications and Interpretations...._,,..... 3.6.3, 9.4, 9.11 Clean. Site......._........................................._.......6.17 Codes of Technical Society, Organization or Association ...................._........................... 3.33 Commencement of Contract Times._.,.....,_ .............. 2.3 Communications -- general ... ............... ... ........... ......._...6.2, 6.92, 8.1 Hazard Communication Programs.... _ ........ ....... 6.22 Completion_ Final Application for Payment,__,______________ 14.12 Final Inspection... .... _..................................14.11 Final Payment and Acceptance ............. ... 14,13-14.14 Partial Utilization .......................................... ,34.10 Substantial Completion ......................1,39, 14.9-14.9 Waiver of Claims .... ...... ........................ .......14.15 Computation of'fin)es _.._........ ...............17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ................................................... 6.8-6.11 Conferences -- initially acceptable schedules..... _..... _............. _, 2.9 preconstruction.............I _.........I...... ................. Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report... ........ ..... . 2.5,3.3.2 Construction, before starting by CONTRACTOR......._..._..............._......._.2.5-2.7 Construction Machinery, Equipment, etc, ............ __6.4 Continuing the Work .__...... ... .......... 6.29, 10.4 Contract Documents-- Amending....._................................................3 5 Bonds............... .. . ............ .... 5.1 EICDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances H8 .............................................. Article or Paragraph Number Change of Contract Price ................................. Change of Contract Times, ..._..,__................... Changes in the Work................................10. check and verify, ..................................... Clarifications and Interpretations ........................ 3.2, 3.6, 9.4 definition of ..........:......................................... ENGINEER as initial interpreter of.... . .... .... . . ENGINEER as OWNEWs representative._.,...... genera13 Insurance_..... _........................... _.................. Intent............._........._.............................3 minor variations in the Work..._,,,_..,,,....,__.... OWNER's responsibility to furnish data ...... OWNER's responsibility to make prompt payment ..........................8.3, 14.4, precedence........... _................... _ ............ -3.1, Record Documents ............................... Reference to Standards and Specifications of Technical Societies._,....,,._ ................_, Related Work Reporting and Resolving Discrepancies,,.,. ._ 2. Reuse of Supplementing............................................... Term ination of ENGINEER's Employment....... Unit Price Work variations....._ .................... I.............3.6, 6,23 Visits to Site, FNGINF,ER's.................... ..................... ... Contract Price-- adjustment of................3.5, 4.1, 9.4, 10.3, 11. Changeof ..................... ................................ Decision on Disputes ................................ definition of ................................................... Contract Times -- adjustment of ...........................3.5, 4.1, 9.4, 10 Change of _ . ............................................12.1 Commencement of .............. _......................... definition of..._ CONTRACTOR-- Acceptance of Insurance, ........ ...... ... ............ Communications._......... _...... 6.2, Continue Work 6.29 ......................................... coordination and scheduling ................_.._, .,.. definition of.,, Limited Reliance on Technical Data Authorized May Stop Work or Terminate provide site access to others ....................... 7.2 Safety and Protection, .. _. , . . _. , , 4.3 1.2, 6.16, 11 12 4-10.5 2.5 ....5.3 1-3.4 8.3 14,13 3.3. 3 _6.19 3.3 72 5, 3.3 ....3.7 3.6 8.2 11.9 6.27 _92 .3, 12 -12.4 ... 2.3 1 12 5.14 6.9.2 10A 6.9.2 1.13 2.2 15.5 13.2 6.18, .._....6.21-6.23,7.2, 132 Shop Drawing and Sample Review Prior to Submittal, vii Stop Work requirements.,,._., ... I ...... ,,.,..,_....,,.4.5,2 CONTRACTOWs- Article or Paragraph Number Compensation.-......- ... 1 ... -.. _.......I......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 Emergency ........................................ _ . 6.23 Defects in Work of Others.............................7.3 Differing conditions ......... ................. ........4.2.1 Discrepancy in Documents-....... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated 4.3.2 Emergencies_ ,...... _ 6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.1 Fee --Cost Plus ......................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .... .............._._6.30 Hazard Communication Programs., .................... Indemnification .... .... I..I...... ,,... 6.12, 6.16, 6.31-6.33 Inspection of the Work .... ,.......... . .............. 7.3, 13.4 Labor, Materials and Equipment ... ... ... 6.3-6.5 Laws and Regulations, Compliance by.,.......... 6.14.1 Liability Insurance. _..,__...,_,...._5.4 Notice of Intent to Appeal.........................9.10, 10.4 obligation to perform and complete theWork .... ............. ........ ......... ....... ....... .... 6.30 Patent Fees and Royalties, paid for by ................ 6.12 Performanee and Other Bonds ......................_„_..5.1 Permits, obtained and paid for by........................6.13 Progress Schedule_.....,__.............._1�.6, 2.8, 2.9, 6.6, .._....... ...._....... _.............6.29, 10.4, 15.11 Request for formal decisionon disputes...,,,...,,,_ 9.11 Responsibilities -- Changes in the Work .................................. 10.1 Concerning Subcontractors, Suppliers and Others......................„_.....,,_..,,,6.8-6.11 Continuing the Work .................. _...... _6.29, 10.4 CONTRACTORsexpense ..............6.7.1 CONTRACTOR's General Warranty and Guarantee.........._ ...........................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal.................6.25 Coordination of Work _... ., _.. _ _ ... _.... _ _. _.. 6.9.2 Emergencies_ ,. .......... .., ... 6.23 ENGINEER's evaluation, Substitutes or "Or -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 ............ ......... _.. ........61 7 2, 7.3, 8.9 Hazardous Connnonication Program s... ..... ,_6.22 Indemnification_...., .I...., _... _...... _ .... _, 6.31-633 E)CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w! CitY OF FORT COLLINS MODIFICA'nONS (REV 9l99) Labor, Materials and Equipment_ ....... .... 6.3-6.5 Laws and Regulations.. . ......... . ........... ..... .. . 6,14 Liability Insurance 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties....._..................._.6.12 Permits..._ .................................__......_._ 6.13 Progress Schedule.........................................6.6 Record Doc uments_....... _ . ............. 6,19 related Work performed prior to ENGINEER's approval of required subm ittals .............................................. 6.28 safe structural loading............................___6,18 Safety and Protection.. ....620, 7.2, 13.2 Safety Representative ........................_. _......6,21 Scheduling the Work...............„_....._,._..._.,6.9.2 Shop Drawings and Samples„ ............._.,,_.. 6,24 Shop Drawings and Samples Review by ENGINEER ....... ........... ................... 6,26 Site Cleanliness ........................................... 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures ..................................... 6.7.2 Substitutes and "Or -Equal" Items................63.1 Superintendence., .......... 6.2 Supervision .................................................. 6.1 Survival of Obligations................................6.34 Taxes..... ......... ......... ......... _.. 6.15 Tests and Inspections ................ -................ _ 13.5 ToReport .................................................... 2.5 Use of Premises .....................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work .....10.2 right to claim.__ ......_ 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, _,_,.11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection ................. 6.20-6.22, 72, 13.2 Safety Representative ............................. _.,....,,,6.21 Shop Drawings and Samples Submittals._ .6.24-6,28 Special Consultants __......._._ ................ .__,._,11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense. . ... .................... ............. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others.......... 6.8-6.11 Supervision and Super mtendence,__,,.,.6.1, 6.2, 6.21 Taxes, Payment by,_.. __.......... 6.15 Use of Premises ......................................... 6.16-6.18 Warranties and guarantees, 6.5, 6.30 Warranty of Title... _....___.14.3 Written Notice Required -- CONTRACTOR stop Work or terminate, ... ... 15,5 Reports of Differing Subsurface and Physical Conditions,...__ ............... 42.3 Substantial Completion _...... _.._.._._......__.14.8 viii CONTRACTORS --other 7 ............................................... Contractual Liability Insurance ........... ........... ........ 54.10 Contractual Time Limits........................................122 Article or Paragraph Number Coordination— CONTRACTOR'sresponsibility .............. .........692 Copies of Documents.... ........ ............... .................. 2.2 Correction Period................................................... 13.12 Correction, Removal or Acceptance of Defective Work-- in general, .... lo.4.1, 13.10-13.14 Acceptance ofDefective Work .......................13.13 Correction or Removal of Defective Work.................................6.30, 1111 Correction Period 13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work ..................... _.........13.10 Cost -- of Tests and Inspections.. I ........... .........13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional... ................11.4.5.9 Cash Discounts 11.4.2 CONTRACTOR's Fee 11.6 Employee Expenses..__..... _...... ._.............11.4.5.1 Exclusions to .................................................... 11.5 General 11.4-11.5 Home office and overhead expenses .................... I L5 Losses and damages „ ._....,, .................11.4.5,6 . Materials and equipment,.,_........................__.11.4.2 Minor expenses .................................... _....1.11.4.5.8 Payroll costs on changes .................._..._._ .__..11.4.1 performed by Subcontractors ...........................1 1-43 Records 11.7 Rentals of construction equipment and machinery.......................................11 A.5.3 Royaltypaymtent& permits and license fees............................................11.4.5.5 Site office and temporary facilities ................11.4.52 Special Consultants, CONTRACTOR's._ ... ,.__... 1.4.4 Supplemental ............. 11.4.5 Taxes related to the Work ............................... 11.4.5.4 Tests and Inspection ............ ...... ..... .. . .........._ _ 13.4 Trade Discounts ........... ...................... ..._......11.4.2 Utilities, fuel and sanitary facilities, .............. 11.4.5.7 Work after regular hours., ... ..................11.4.1 Covering Work.... ......_... _..._ ..13.6-13.7 Cumulative Remedies ...................................... 17.4-17.5 Cutting, fitting and patching.... ... _ . _ .. . . . .. .... . . _ _.... _ 7.2 Data, to be furnished by OWNER . _ ... ..... 8.3 Day --definition of ... „ .............. ......... 1221 Decisions on Disputes ...... .............. ........ .........9.1 1, 9.12 defective --definition of ..... ,_... ........ ....... .I .......... __.,1.14 defective Work -- Acceptance of ... _...... _........................10A 1, 13 13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of.,_„..............._10.4.1, 13.11 OWNER's Representative,,.......,._ Correction Period, ................._................_...13.12 Payments to the CONTRACTOR, in general .... ........ ........... _................. 13, 14.7, 14.11 Responsibility for.., ... ...,....... _ Recommendation of Payment ....... Article or Paragraph Num ber Observation by ENGINEER.. .................... .... 92 OWNER May Stop Work............ _....I . _..... _....13.10 Prompt Notice of Defects ................................... 13.1 Rejecting....................._................................. Uncovering the Work .................. _...., _...-,.....,,13.8 Definitions 1 Delays ........4.1, 6.29, 12.3-12.4 Delivery of Bonds._............_....................._........,...2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices, ...... ___ ................... 9,10 Differing Subsurface or Physical Conditions -- Noticeof..........................................._............4.2.3 ENGINEER's Review ....................................... 4.2.4 Possible Contract Documents Change..............4 2.5 Possible Price and Times Adjustments..............4.26 Discrepancies -Reporting and Resolving, ............ ............._.-_ 2.5, 3.3.2, 6,14.2 Dispute Resolution -- Agreement ............... ...... ..... _........... ._16.1-16.6 Arbitration........_..... ....._ .......................16.1-16.5 generall6 Mediation .................. _..................... _............. 16.6 Dispute Resolution Agreement .. ...... ...... ...... . .. .1.6.1-16.6 Disputes, Decisions by ENGINEER ..................9.11-9.12 Documents -- Copiesof .... ........ ........... ............... ....... ............ 2,2 Record 6.19 Reuseof................................_..........._.............3.7 Drawings --definition of...........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of..............1.16 Em ergencies................................ .......................... 6.23 ENGINEER -- as initial interpreter on disputes . .... .......... 9.11-9.12 definition of ..................................................... ..1.17 Limitations on authority and responsibilities_..,. 9,13 Replacementof,..... .... ........... ............................ 8.2 Resident Project Representative ... ......... ......... .„..9.3 FNGINEER's Consultant -- definition of 1-18 ENGINEER's-- authority and responsibility, limitations on........ 9.13 Authorized Variations in the Work ....................... 95 Change Orders, responsibility for,_ ._9.7, 10, 11, 12 Clarifications and Interpretations ... ........... 3.6.3, 9.4 Decisions on Disputes_,.._ . .....9.11-9.12 defective Work, notice of _ 13.1 Evaluation of Substitute Items ................. ........6.7.3 Liability__. __... _ 632, 9.12 Notice Work is Acceptable..............................14.13 Observations... .... _......... . ....... .630.2,9.2 9.1 .................9.9, 14 .........14.4, 14.13 Article or 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 responsibility_.. _....._.... ..... ........_. .....6.26 Status During Cmstruction-- authorized variations in the Work..... ............... 9.5 Clarifications and Interpretations ._..._ ...... _..9.4 Decisions on Disputes ......................... 9.I1-9,12 Determinations on Unit Price.._,...._....,,.....,9.10 ENGINEER as Initial Interpreter.,......,.9,11-9.12 ENGINEER'sResponsibilities... ...... ...... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities_ .................... _..... 9.13 OWNER's Representative ...... ......... .._ .9.1 Project Representative...,.....,_.......................9.3 Rejecting Defective Work_., ... ..........I_...I...... 9.6 Shop Drawings, Change Orders . and Payments._........__.....................9.7-9.9 Visits to Site ......................... ............. 9.2 Unit Price determinations ............ ....................9.10 Visits to Site , .._.._ _.... ,_.,..9.2 Written consent requires .............._,.,._.,.,,_.-TZ 9.1 Equipment, Labor, Materials and ....... ................. 6.3-6.5 Equipment rental, Cost of the Work, ...... . ...........11 A.5. 3 Equivalent Materials and Equipment, __. _ . _. _.... _...... 6.7 error or omissions...........__......................_..........6.33 Evidence of Financial Arrangements ...................... 8.11 Explorations of physical conditions ..... ............I....4.2.1 Fee, CONTRACTOR's--Costs Plus .. ........................11.6 Field Order -- definition of ....................................................... 1.19 issued by ENGINEER.....,,_.....................3.6.I, 9.5 Final Application for Payment, ..... - .......... _.,........ 14.12 Final Inspection ......................... .... _...... _.........14.11 Final Payment -- and Acceptance..........._......................14.13-14.14 Prior to, for cash allowmces._.._..............____, 11.8 General Provisions .......................................... 17.3-17.4 General Requirements -- definition of ....................................................... 1.20 principal references tq ..... _..... .2.6, 6A, 6.6-6.7, 6.24 Giving Notice .........._ .._,.__..._.....17.1 ............. Guarantee of Work --by CONTRACTOR _. 6.30, 14A2 Hazard Communication Programs, ti.22 Hazardous Waste_ definition of_... _,.,...__... _....,. 1.21 general................................... . ....................... 4.5 OWNER's responsibility for...............................8.10 ix EICDC GENERAL CONDITIONS 19t0-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICAID ONS (REV 9/99) Indemnification.__.., ....... ...... ........ „f;.12, 6.16, 6.31-6.33 Initially Acceptable Schedules,. ._..,,, ....... _ _...........2.9 Inspection_ Certificates of ....... ........ ...............9,13.4, 13.5, 14.12 Final ............................................................ 14.11 Article or Paragraph Number Special, required byENGINEER......................... 9.6 Tests and Approval..,., ...__ , 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER ...... _ _ ......... ....... _ 5,14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work ....... 2J Bonds and --in general ..............................._......... 5 Cancellation Provisions ....................................... 5.8 Certificates of _.................2.7, 5, 5A, 5A 11, 5A 13, _5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations,,.,......,._.......................5.4.13 CONTRACTOR's Liability .. ..... .......................„.5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability.,_........................._,,,,.5.4.10 deductible amounts, CONTRACTOR's responsibility._ ......... ....... ........... .. ......... ..5.9 Final Application for Payment _..... ..... 14.12 Licensed Insurers. ....... _ .......... _ .,..5.3 . Notice requirements, material changes._ ...... 5.8, 1.25 Optionto Replace ............................. ................................... 5,14 other special insurances ... _........ .....,,_..._.._,_„5.10 OWNER as fiduciary for insureds ......... ....5.12-5.13 OWNER's Liability.._........................................5.5 OWNER's Responsibility ............... ............ .........8.5 Partial Utilization, Property Insurance .....,_ ...... Property...._ ................................ __....._. 5.6-5.10 Receipt and Application of Insurance Proceeds ............. _.............................. 5.12-5.13 Special Insurance...._.......................................5,10 Waiver of Rights ....... ........... ........_............ 5.11 Intent of Contract Documents ............. .........._.,,. 3.1-3.4 Interpretations and Clarifications....._ ...._3.6.3, 9A Investigations of physical conditions ........ .......... 14.2 Labor, Materials and Equipment.,.,., _...... ....... 6.3-6.5 Lands -- and Easements.._...._._ ...... _ ..............................SA Availability of ....................... _................ _.. 4.1, 9A Reports and'fests..................._..........................8.4 Laws and Regulations— Laws or Regulations -- Bonds......_.... ..._..._..._........._...............5.1-5.2 Changes in the Work_...._..._,...._._ ................ 10.4 Contract Documents_ .., 3.1 CONTRACTOR'S Responsibilities .................... 6.14 Correction Period, defective Work 13.12 Cost of the Work, taxes........... _..................11,4.5.4 definition of_......,.._ .............__._................... 1.22 general6. 14 Indemnification... ..... x 631-633 Insurance ...................... __................................ 5.3 Precedence........................._...-.._........_.3.1, 3.3.3 Reference to .................................................... 3.3.1 Safety and Protection...............................6.20, 13.2 Subcontractors, Suppliers and Others......,,,,_6.8-6.11 Article or Paragraph Num ber Tests and Inspections...................................13.5 Use of Premises.. 6.16 Visits to Site.......................................................9.2 Liability Insurance— CONTRACTORs...._........._....................- - 5.4 OWNER'S ............................................................ 5.5 Licensed Sureties and Insurers_..,..,..,_. ...... ,_...,.___ 5.3 Liens -- Application for Progress Payment.._._................14.2 CONTRACTOR's Warranty of Title ....... ...... _ .... 14.3 Final Application for Payment. __.,.._. .....14.12 definition of................._.._.............................1.13 Waiver of Claims ............................................. 14.15 Limitations on ENGIINEF,R's authority and responsibilities.. ....... ............ ........................ _ 9.13 Limited Reliance by CONTRACTOR Authorized... __....... _....... ........_.........__... 42.2 Maintenance and Operating Manuals -- Final Application for Payment, . ............. ...... . _. 14.12 Manuals (of others)-- Precedence........._........................................ 3.3.3.1 Reference to in Contract Documents ................. 3.3.1 Materials and equipment -- furnished by CONTRACTOR_.....,,_ ................... 6.3 not incorporated in Work_....,..._,_..............._._...14.2 Materials or equipment --equivalent ......... ..... 6.7 Mediation (Optional) .................. _........... ....... .....16.7 Milestones --definition of ................... ........._.......... 1.24 Miscellaneous -- Computation of Times .................. .....__.,...„_.....17.2 Cumulative Remedies.._..._._ 17.4 Giving Notice„ ............................ .17.1 Notice of Claim._ . . ... . ........ ... 17.3 Professional Fees and Court Costs Included, .... ,_.17.5 Multi -prime contracts, ,_._........, ........ . ......... 7 Not Shown or Indicated ................... ....................... 4.3.2 Notice of -- Acceptability of Project..,.,.,.. ................_....14.13 Award, definition of., ._.,,...,_ ................. ... 1.25 Claim_......_,.....,.._............................._......1.7.3 Defects.13. A Differing Subsurface or Physical Conditions„ ..... 4.2.3 Giving _.. ...... ..... 17.1 Tests and Inspections..._ ..............„..._...,.._...,_ 13.3 Variation Shop Drawing and Sample ..... Notice to Proceed -- definition of......_._............___ ...................... ,, 1.26 givingof'. ......... .............................................2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety.._.........................__..._...._..10.5 Observations, bvENGINEER .......... ..........._...6.30, 9.2 Occupancy of the Work, .................. 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR. ................6.9, 9.13 Open Peril policy form, Insurance, . ...... . .. .... . ... . . _ ... 5.0 2 Option to Replace..................................................5.14 Article or Paragraph N um ber "Or Equal" Items ........... ..............................._....._._6.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work .......................... 13.13 appoint an ENGINEER .......................... _......I...9.2 as fiduciary ...... ......... ........ _...................... .12-5.13 Availability of Lands, responsibility, .............. _._..4.1 definition of 1.27 data, furnish.......__...._......._................__........8.3 May Correct Defective Work..... ..... .................1.3.14 May refuse to make payinent..,__......_...............14.7 May Stop the Work ........................._.......... 13.10 May Suspend Work, Terminate .................._...,__.8.8, 13.10, 15.1-15A Payment, make prompt... _....,....__.._U, 14.4, 14.13 performance of other work.......... ................. . ... 7.1 permits and licenses, requirements. ,..._ ..... ,_ 6.13 purchased insurance requirements ....... . .......5.6-5.10 OWNER's-- Acceptance of the Work........................._,._6.30.2.5 Change Orders, obligation to execute ... .,,._... .6, 10.4 Communications ................................................. 8_ 1 Coordination of the Work ................................... T4 Disputes, request for decision ...... _.,.._....,.._._.,,.9.11 Inspections, tests and approvals ... . . ........ .....8.7, 13.4 Liability Insurance.,_,,.....,, . .................... .. Notice of Defects..............................................13.1 Representative --During Construction, FNGINEER's Status ........................... ........... 9.1 Responsibilities— Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................ .8.10 Change Orders... ......._,8.6 Changes in the Work ...... _.... ,,_...................10.1 communications ............................................ 8.1 CONTRACTOR's responsibilities. .......... ....... 8.9 evidence of financial arrangements ........... ,... 8,11 inspections, tests and approvals ... _...... ......... . 8.7 insurance .................................. _..................8.5 lands anti easements 8.4 prompt payment by. . . .., . . . ... ... ........ 8.3 replacement of ENGINEER _,.. _ ,.. _,_.. 8 reports and tests ,...... _ . 8.4 stop or suspend Work ... ........ ... S.8, 13.10, 15.1 terminate C.ONTRACTOR's services..... ..............................._8.8, 15.2 separate representative at site ........ .................9.3 testing, independent.,,,...._. use or occupancy of the Work ................... written consent or approval required ....................... 13.4 5.15, 6,30.2.4, 14.10 .............9.1, 6.3, 11A xi EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w! CITY OF FORT COLLINS MODIFICATi ONS (REV 9199) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Num her written notice required ........................7.1, 9A, 9,11, .................................11.2, 11.9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general...................................... .......................4.5 OWNER's responsibility for...............................8.10 Partial Utilization— definition of-- ..... I ........_................................1.28 general6.30.2.4, 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 for ProgressPayments ....... ..,,__.__.14.2 CONTRACTOR's Warranty of Title ,...,,......_,...,14.3 Final Application for Payment„........................t4.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance ............... 14.13-14.14 general............................ ..... .......................8.3, 14 Partial Utilization .............................. .............. 14.10 Retainage.......................... ........ .................... _ 14.2 Review of Applications for Progress Payments.. _......_........... .._....14.4-14.7 prompt payment....., .... 83 Schedule of Values ......................... ................... 14.1 Substantial Completion..............................14.8-14.9 Waiver of Claims 14.15 when payments due ................................ 14A,-14.13 withholding payment .... ..................... ._..... ........ 14.7 Performance Bonds., ....... ............. 5.1-5.2 Perm its .............................................................. 6.13 Petroleum -- definition of ....................................................... 1.30 general............................._.............................14.5 OWNER's responsibility for..........................I....8.10 Physical Conditions- Drawings of. in or relating to... ........... 4.2.1.2 ENGINEER's review. ......................................... 4.2.4 existing structures... _ .............. _..... _. _........4.2.2 general 4.1.1.1........................ ................. . Notice of Differing Subsurface or, ... ,........... ..... 42.3 Possible Contract Documents Change...............4._15 Possible Price and Times Adjustments .... I ........... .2.6 Reports and Drawings.... _.............. ...... _............ 4.11 Subsurface and ............... _...............................4.2 Subsurface Conditions ..,.., ,.,..._....__..,__..,,4.11,1 Technical Data, Limited Reliance by CONTRACTOR Authorized...... _ _ _ ....... _ .4.22 Underground Facilities -- general 4.3 Not Shown or Indicded ................................ 4.3.2 Protection of ........,.__.... __.....,.,4.3, 6.20 Article or Paragraph Number Shown or Indicated .............................................. 4.3.1 Technical Data ............................................ 4.2.2 Preconstruction Conference ................. ......... .............. 2.8 Preliminary Matters ......................................... ...........2 Preliminary Schedules...................................I..........2.6 Premises, Use of..... .... ......................... _......... 6.16-6.18 Price, Change of Contract.,,,.....,, _.............................I1 Price. Contract --definition of 1.11 ent, Progress PaymApplications for .................... �...... 14.2 Progress Payment--retainage.,_.. ....__. 14.2 Progress schedule, CONTRACTOR'S............ 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project --definition of .................._.,...,_...._,.......,.... 1.31 Project Representative— ENGINEER's Status During Construction .,....„,...9.3 Project Representative, Resident --definition of.,_,,...1.33 prompt payment by OWNER. Property Insurance -- Additional _........................ ....................... .5.7 general5.6-5.10 Partial Utilization,,....,,_............._.......5,15, 14.10.2 receipt and application of proceeds ...... ,.,,..5.12-5.13 Protection, Safety and... ... .... ............6.20-6,21, 132 Punch list .._....._.. _ ...,..14.11 Radioactive Material— defintionof ...................................................... ].32 general4.5 OWNER's responsibility for...............................8.10 Recommendation of Payment.................14A, 14.5, 14,13 Record Documents...................._...„_...,......,6.19, 14.12 Records, procedures for maintaining ............ ...... ...... 2.8 Reference Points ........................................................ 4.4 Reference to Standards and Specifications of Technical Societies ......................................... 3.3 Regulations, Laws and(or)................................. ........................ 6.14 Rejecting Defective Work..... ...... I ...... .. . Related Work -- atSite ... ............. .......... ........................ .... .7.1-T3 Performed prior to Shop Drawings and Samples submittals review. Remedies, cumulative ........................... .........17.4, 17.5 Removal or Correction ofDefective Work.... ..... ...... 13.11 rental agreements, OWNER approval required.,.. J 1 4.5.3 replacement of ENGINEER, by OWNER_.....„_.....,_. 8.2 Reporting and Resolving Discrepancies, .......... ............ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings...._ .............................. ..... ....4.2.1 and Tests, OWNER's responsibility, 8.4 Resident and Project Representative -- definition of ..... ..................... provisionfor .. ........ ..... ...... ............... ._.__... _..... .... .3 xii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Num ber Resident Superintendent, CONTRACTOR's...............6.2 Responsibilities— CONTRACTOR's-in general ................................. 6 ENGINEER's-in general.... ..... ....................... Limitations on ..... ......................................... 9.13 OWNER's-in general ........................ _.........,_.......8 Retainage...... .................. .................... .......... 14.2 Reuse of Documents ................................................... 3.7 Review by CONTRACTOR. Shop Drawings and Samples Prior to Submittal_,_ _.._. ... Review of Applications for Progress Payments, ....... _................14.4-14.7 Right to an adjustor en[...._....................................10.2 Rightsof Way ... _....... ,... _.._... I...... ............._.......4.1 Royalties, Patent Fees and ............................. ...... 6.12 Safe Structural Loading ................................ ,__.._..,_6.18 Safety -- and Protection ....... ......... ..........4.3.2, 6,16, 6.18, .... ._....... _.......__....._..,.6.20-6.21, 7.2, 13.2 general ..........._....................................... 6.20-6.23 Representative, CONTRACTOR's._._. ,,... .....6.21 Samples -- definition of.... 1,34 general .............. ....... ...........................1.24-628 6 Review by CONTRACTOR...., ....... .... .............. .25 Review by ENGINEER ..............................6.26, 6.27 related Work...................................................... 6.28 submittal of ..................................................... 6.24.2 submittal procedures ........ ........_............. I ....... . 6.25 Schedule of progress . ........ . .... . .. ........2.6, 2.8-2.9, 6.6, ... I— ...... I., ... .....I....1..6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ............. ................. 2.6, 2.8-29, 6.24-6.28 Schedule of Values_ ......._ ............... 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to. I ........... ...... ............. I ...... 15.2.1 Adjusting.. ........ ..........6.6 Change of Contract Times .... ..,.. _.............10.4 Initially Acceptable„_.................................3.8, 2.9 Preliminary. . ... . ...... ....... .......... ... ...... _ ........ 2.6 Scope of Changes. . . . ............. ...... _ ..... .... 103-10.4 Subsurface Conditions, ................ .....4.2.1.1 Shop Drawings -- and Samples, general._...__ .................._,. 624-6.28 Change Orders & Applications for Payments, and ...... ..... .. ....................9.7-9.9 definition of 1.35 ENGINEER's approval of .......... ...... _,...__._.3.6.2 ENGINEER's responsibility for review............ _.......... _. 9.7, 6.24-628 related Work ...................................................... 628 review procedures. ...... 2 9, 6.24-6.28 Article or Paragraph Number submittal required ............... .......... I ............. I.I..I ... ,24.1 Submittal Procedures 6.25 use to approve substitutions.._.,,,_..,.,,.._. 6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access .............. ........................ ................ TZ 13.2 Site Cleanliness...................................................... 6.17 Site, Visits to -- by ENGINEER .........._..... _...................... 9.2, 13.2 byothers ... _....... ....... __..... ._....... ........_._.......13.2 "special causes of loss" policy form, insurance.................. _................................. _ . 5.6.2 definition of ....................... _.............. _............1.36 Specifications— defination of. ............................... _................1.36 of Technical Societies, reference to.................3.3.1 precedence. ........ ........ ................1.3.3 Standards and Specifications of Technical Societies._,,...., ..................3.3 Starting Construction, Before._..,,, .....,.,. „ .2 5-2.8 Starting the Work.....................................................14 Stop or Suspend Work -- by CONTRACTOR. ...... _....__..........._,15.5 by OWNER........... _..._......_............8.8, 13.10, 15.1 Storage of materials and equipment. ...... ._......_.... 4.1, 7.2 Structural Loading, Sa£ety......... ......._.._._..............6.18 Subcontractor -- Concerning ............................. _...... _....... _6.8-6.11 definition of .......... ............................................ 1.37 delays............................................................12.3 waiver of rights .......... _........................... _....6.11 Subcontractors --in general, .. .. . ..... ........ .. _,.. _ 6.8-6.11 Subcontracts --required provisions.,......, 5.11, 6.11, 11.4.3 Submittals— Applications for Payment .......... 14.2 Maintenance and Operation Manuals, ........ 1 ... 14,12 Procedures .................................... . .................6.25 Progress Schedules, ...... .._.......2.6, 2.9 Samples ................. 0.24-6.28 Schedule of Values._ ........................ __..._,2.6, 14.1 Schedule of Shop Drawings and Samples Submissions............ _................... 1.._26, 2.8-29 Shop Drawings ................... 624-628 Substantial Completion -- certification of, ........ _..„............. 6.302.3, 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,... 63,1.3 ENGINEER's Evaluation .................. .... __,,...6.Z3 IpOr-Equal"............_........ ............. ............... 6.7.1.1 Substitute Construction Methods xiii EFCDC GENERAL CONDITIONS 1910-8 (1990 EDI71ON) wJ CITY OF FORT COLLINS M01) FICATIONS (REV 9/99) Article or Paragraph Number or Procedures ............................................. 6.7.2 Substitute Items ............................................ 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to„ .................. .... .2.1.2 ENGINEER's Review,. 4.2.4 general ....................... 4.2 Limited Reliance by CONTRACTOR Authorized ........_....__......... ........._...4.2.2 Notice of Differing Subsurface or Physical Conditions....,_..................................4.2.3 Physical Conditions....................................:..4.2.1.2 Possible Contract Docum ents Change ...... ....... ... 4.2.5 Possible Price andTimes Adjustments .... ...... 4.2.6 Reports and Drawings ............ ..........................4.2.1 Subsurface and................................_..................4.2 Subsurface Conditions at the Site ..................... 4.2.1,1 Technical Data.. ..... ........_.........................I..4.2.2 Supervision— CONTRACTOR's responsibility.,,, _, .... _ _ .............. 6.1 OWNER shall not supervise ........................._.,,..8.9 ENGINEER shall not supervise ............ ... 9.2, 9.132 Superintendence . __........... ....__ 6.2 Superintendent, CONTRACTOR's resident... .... .. __. 6.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition of......................................................1.39 principal references to.................1.10, 1.18, 2.2, 27, ...... I ...... ....._ 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-59, ........ 1.5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents, ......... .............. 3.6 Supplier -- definition of........................................._...........1A0 principal references to .._..... ,_3."7, 6.5, 6.8-6.11, 6.20, _........._..._.........0.24, 9,13, 14.12 Waiver of Rights ..................................... _........ 6.11 Surety -- consent to final payment ........................ 14.12, 14.14 ENGINEER has no duty to ...... ............ .. 9.13 Notification of...,,_.._,, _....._..............10.1, 1o.5, 15.2 qualification of........._ .................... ...... ...... 5.1-5.3 Survival of Obligations ..... ,...... ........, _....,._...., _...... 6.34 Suspend Work, OWNER May _ . ...... . . .. . ......... 3 3,10, 15.1 Suspension of Work and Termination_ _ .... _.... _. _ _....15 CONTRACTOR May Stop Work or Terminate ............................................... 15.5 OWNER May Suspend Work,....... .... .. ... .. _.... _1.5.1 OWNER May Terminate.......... _... .... ...... 1.5.2-15.4 Taxes--Paym ent by CONTRACTOR.. _.. _ ........ .... .. 6.15 Technical Data -- Limited Reliance by CONTRACTOR _...... ......... 4 22 Possible Price and Times Adjustments —,....-..4.2.6 Reports of Differing Subsurface and Physical Conditions, xiv ........ Temporary construction facilities... .... ......... ....... 4.1 Article or Paragraph Number Termination— byCONTRACTOR..........................................15.5 by OWNER ... ........ ............................8.8, 15.1-15A of ENGINEER's employment ............. .. . ....... _..... 8.2 Suspension of Work-in general„_I.... ,- ..................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others, ... .._ ..... .... ._..... 13.2 CONTRACTOR's responsibilities .......................13.5 cost of 13.4 covering Work prior to, ........... ......... ........ ]3.6-13.7 Laws and Regulations(or)............... ................ 13.5 Notice of Defects ,..._..,., _..13.1 OWNER May Stop Work .................... _..13,10 OWNER's independent testing ........... ............. _ 13.4 special, required by ENGINEER.. ............ .... ....... 9.6 timely notice required....._ ................._...._.,..... 13.4 Uncovering the Work, at F_'NGINFER's request, ...... I ...... .... 13.8-13.9 Times— Adjusting............... ..... _._.. ..._ ..... .... ...... 6.6 Change of Contract.,._......... .._..._._......12 Computation of _IT1 Contract Tim es --definition of...,. ..............1.12 day.... .................. ............ .......... ....... ..._17.2.2 Milestones ........................................................... 12 Requirements— appeals........._......................................9.l0, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Times, Preconstruction Conference ................_,.,.....�.3 schedules ......................... .... ....... ....2.6, 2 9, 6.6 Starting the Work... I ........ _,......_.,...,...._,..2.4 Title, Warranty of... .......... .................. ....14.3 Uncovering Work .... ...... ....... .................... .......13.8-13.9 Underground Facilities, Physical Conditions— definition of...,. .._....._.. _.__....._...1.41 Not Shown or Indicated,.... ....4.3.2 protection of..,......,. Shown or Indicated ................:...... .. . _ _.. _. _ ..4.3.1 Unit Price Work-- claims..................._....._.............................1.1.9.3 definition of ..............._.........._....... .. IA2 ............. . general11.9, 14.1, 14.5 Unit Prices — general l 1.3.1 Determination for... ..................... ___..._,..._..,..9.10 Use of Premises ....... _. _.... _..... _...-.. 6. l6, 6.18, 6.302.4 Utility owners... _..... _. ...... ...... . . 6.13. 6.20, 7.1-73. 13.2 Utilization, Partial... _........ ..... 128, 5.15, 6.30.2.4, 14.10 Value of the Work_........................................._.......11 3 Values, Schedule of....,,..... __ 26, 2-8-2.9, 14-1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized.._...................................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured parties.,,... _.. _„_.. _5.11, Warranty and Guarantee, General --by CONTRACTOR-. ......... _., .............................. 6.30 Warranty of Title, CONTRACTORS ................... ....14.3 Work -- Access to 13.2 byothers,..... ........ .......................... _.._ .............7 Changes in the ...... ....... ............ ...... .10 ............... . Continuing the ......... ...... ..... ....... . _.............._. 6.29 CONTRACTOR May Stop Work or Term inate 15,5 Coordination of .................................................... T4 Cost of the,.........._...................................11.4-11.5 definition of., ....... ....................... . ........... I .... -.1.43 neglected by CONTRACTOR,.....,,..,,_.... ....... 1.3.14 other Work 7 OWNER May Stop Work... . .... .......... ......... 1110 OWNER May Suspend Work. I ... I ........ ,,..13.10, 15.1 Related, Work at Site... ,.. ..... , 7.1-7.3 Starting the,... _ f.4 Stopping by CONTRACTOR Stopping by OWNER ......... ................_ ...... 15.1-15.4 Variation and deviation authorized, minor ........ _.. 1.6 Work Change Directive -- claims pursuant to..............................................M2 definition of ........................................................ 1.44 principal references to ............. _..... _ 3.5.3, 10.1.10.2 Written Amendment -- definition of...._._.,..._.........._................._._....1.45 principal references to...............I W,3.5,5,10,15.12, .......... ....._.6.6.2, 6.8.2, 6,19, 10.1, 10.4, _.._........_...,.1L2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations............................._....3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR..., . ........... _.. .... 7.1, 9,10-9.11, __.._......___........_ MA, 11.2, 12.1 by OWNER ._..... ...... ..... 9.10-9.11, 10.4, I1.2, 13.14 xv EICDC GENERAL CONDITIONS IM-8 (1990 EDITIONI W/CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910.8 /1990 EDITION wl CITY OF FORT COLLINS MODIFICA'nONS (REV 9)99) GENERAL CONDITIONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. I.I. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment--Tbe form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids)_ 1.7, Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 19. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS I910-8 (1990 E Goan) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are 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 35, 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 referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1,11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work), 1.12. Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. COAMICTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. 1,14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINFER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be famished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if 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 person. firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGMEER's independent professional associate or consultant with respect to the Ptojeet and who is identified as such in the Supplementary Conditions. 119. Field Order --A written order issued by ENGINEER which orders minor changes in the ltrork in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division l of the Specifications. 1.21. Hazardous lVaste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.6. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 124. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of AK,ard--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. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 127. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. 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 biphenyls. 130. Petrolecan--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1,31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct materiel as defined by the Atomic Energy Act of EJCDC (}ENTERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,1000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132 b. Regular Wonting Hours --Regular working hotus are defined as 7:00am to 6.00mu unless otherwise specified in the General Reouirements. 1.33, Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Strop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specicatioru—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 141. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work -Work to be paid for on the basis of unit prices. 1A3. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract Tinies, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment- A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY 1NIATTER.S Delivery of Bonds: 2.1. 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. Copier of Documents: 2.2 OWNER shall furnish 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 Times; Notice to Pi-oeee& 2.3 The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 EChtim) w! CITY" OF FORT COLLINS MODIFICATIONS (REV 4i2000) 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 Agreement. In no event ivill the C,-«• T mes of Bid opening-or-the-thiftiedi day-aRer-tlte-E I tjive-Date 4 the n__....men lieheyer &te is __flier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting 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 failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten 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 suhmittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.63. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profitapplicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OW? shall each deliver to the i4her OWNER, with copies to identiti d in the c .__�.,...,_.�r_r�A„_,liE.ions ENGINEER, certificates of insurance (and other evidence of insurance �'"� ply root recuested by OWNER) which CONTRACTOR rTn o " ^"�'"'- is required to purchase and maintain in accordance with paragraphs 5A,,-5--"rift-5-7. Preeonstruetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for payment and maintaining required records Initially Acceptable Schedules: 2.9. unless otherwise provided in the Contract Documents, Application ferT�yment before an work at the site beam a conference attended by CONTRACTOR, ENGINEER and others as appropriate debated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project 3 ?. It is the intent of the Contract Documents to EJCDC GENERAL CONDM ON' 1910-8 (1990 E(itiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to &andarda• and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. It during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity a discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regutation). 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 anv of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty 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 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 35. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 35-2. a Change Order (pursuant to paragraph 10 4), or EICDC GENERAL CONDITIONS 1910-5 (1990 E(fitim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4i2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 36. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents. - 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organizvtion performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) 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 Availability of Lands: 4.1. OWNER shall furnish, 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 other lands which are designated for the use of CONTRACTOR Upon-reasonable-wFittelifequest; OWNERshallC. m:_L f�lITTTD.�l+T 11D .. .i -a tiORCGt StBtOfflefll Of MeOfd legal tide --d legal deSafilitien of the lands 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 performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 1.0 091 3.0 SECTION 00100 INSTRUCTIONS TO BIDDERS DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 12/03 Section 00100 Page 1 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4?. SubsurfacemulPhysicalCondltions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 42.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents, 4.2.2. Limited Reliance by CONTRACTOR Authorized, - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of FNGINEER'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 4.2.22. other data, interpretations, opinions and information 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 Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 423.1. 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 4.22 is materially inaccurate, or 4.2.3.2, is of such a nature as to require a change in the Contract Documents, or 4.23.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Editiat) WICITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) indicated in the Contract Documents, or 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, prempt}y immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 623), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not Rather disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. 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 CONTRACTORS cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 42.3.4, inclusive, 4.2.62. 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 Price will be subject to the provisions 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, 42.6A 1_ CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 4.16.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment, or 42.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree 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 therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4,3. Physical Conditions --Underground Facilities: 4.3.1. Shown or Incticated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documermts,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in pafagraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If anUnderground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and ESCDC. GENERAL CONDITIONS 19I0-8 (1990 Echlin) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph620. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points- 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in FNGTNEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or 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: 4.5.1. OWNER shall be responsible. for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown 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 or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible_ 45121 Q-412PD AC9'OD shall wamedimel..; ( step all I kFea M.- thereby Y` in an effiergerLey as required by paregiiiph&q�), Find Oi)nati6� OAW�ER and ENGINEER such -notice ittriting3--8>p-tl? wiurnc-wrur-cxvcrn-atrxc-cc r' cn`nT>�vn.-�usc.�aryror n�.I�*>i,D�.,;�atein_a_qualitie�extxlt_t,• ..�1..^�m•,oN, serrestiue-eetiienn-i>`=`er-l-y1,� C`GNTDA/TORAiaH...,t _ u"&tQ{esum-W,eri cplralvlc=lv �a.^'w.ul ar-Ee;z, Wwn-er-ift-Ray any required pef its-ralaW-the t" ar-dehvefed-ti C(41TD A -TOR e_ 'el written. ettce� (t) s.eci: 'i..g e_Je_ed safe r,._ the resumption of Wed(, Work may be resumed sailety. if OWNER and CONTRACTOR cannot agree as to entitlement tothe .. � ii...s.��r,.; Jra;rT ».,�t�e...e., -of -a-a�.-in unes as a result of such Work stoppage or NT?.4PTOR te be resumed which either- l artTn*aTz..alf..zzla,... R,zf .,s-provided-ui Articles 11 d Artic.n�l1. n1-1 if after � ♦ 1 ' ten -aa-vvwTio'�:pr SNE Eiax=in'mrn-RBt1fJ@ cvrr.NiT�rn ET�Pi_d•�F•mcvgiw-io_rv�cu. •,•1-r. nviic• 1iaSCd-9tl-R-feaSBF38ble-iNl:.nci-ii-�$-WiS$fe;--Br-'d6E^.fHOt agree to ._,I'.,,,ric�•'iweY—,derrel' �p'ecal eenditiom then BR--rna}�rdar- sup kt poRien-of tkm- Mli that isin connection with ,.ehsoeh hazardous vo,>R,iron-or in such - mifiatodeleted -a-on. the Work. if OAZI rDD a..d,..�d CONTRACTORneagree as to entitlement to or the am ount or ext?nt of on as a result of deleting ,,,..Q portion of the Work tt.e.. eifihe.-�.;�y=,:.aTn:a�-o�ivun�'�,�_e=".r--es�revtded to \.tiel s 11 and In O\ WI CD may have ^y1.aye ..ueh delete.] „own fetces-or-others-in eeesrdancz4 nl_� 454Ta the fullest e..te..t permitted L. Laws Degulat:,...... QkWiE .4...11 inde.. paly ,._d held nosrrr�..=� -_ # *mdess t'ONTR C-TQR� Subcontractors, 1 r„_,...It.._ts and the Officers; direstom employees agents, —ether cons, I. Ant.. .mod thcrtr-amxrrsrm--ag..._ Oil . costs; losses The previsions Of Paragraphs 4.2 and 4,3 aF s ten„,Petroleum, _ v- rS .�.._d...... II �....te _ d:... ,w m e IsA ten" _ed �nzc�oali�.,t tl.�P:te EJCDC GENERAL CONDITIONS 1910-8 (19%Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by LawsorRegulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Goverrinent Financial Operations, U.S. 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 or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver c�cvrrnNrT, &N/mf'/JAto each ed.J:6.._al : .e,J 'd....t:l: ,d tt,. S...le_.entfl v¢ ra�cnrzri'T r u ••`- RdAK'I:••••+rzr,��e'tr.xixo� - it, _"f .vv�flnd-rtrctlel Of-@RS`-@finer-a(1Effft ffi IFISUFec*) Wflien paragraphs 5.6 and C 7 hereof CONTR4CTOR's Liability Insurance: 5.4. CONTRACI OR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection ttom 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: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts, 5.4 claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'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; 5,44 cla ins Ie damages ip�ed by custemaev persenel-mttu} kabi}ity eoverage whielrefe sustained (0 by ate), person as a result of an offense diFeatly-or indlmet}y-felated-te-�ey e••4 �o�or-auvnF.. -person-b ,. PONTDACTOR .._ (iO by on), atheFfor Other-feflsen,-ry any e 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, ENGfNEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edilion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates 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 5.4.11 with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0WNER's Liability Insurance: 5.5. In 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 liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: Cenditiorl5—OWNER--hell ..,._� aad--;Maintain suranee tipan the Wefk at the site in the amewi dedurAble amounts ng may be provided m the Supplementary Qanditiil)ns��,.;, d 5.6.1. Made the interests of t.v WER, Cn,)N TRACTOF Subeantraeters, E MPWI E ENGINEER' or each ,.Fwhe :deenned hu ,. a , and „shall be .l.ed as an a ,a. i . c c b_ _ nwade tt - .. � za�rfratwr 't ' iRl 04' t,...,. ,...I',.., epe'�p�a-�-��.�"�sas_�.�:,�--fn.a�fefnl-that shall t 'Rest- r ide e F Ly1 1 e w _t, gutldings falsewefk and Work +nst-nt least the fello ing perils fire h&FAng, extopAle,d ,�epai� er 5.6.3. include elueRt-0fiery-imarael y(u�eluEling-buE-not inn led to CoeandT_e ^��« one d- -5.6.4. ai Rte.:O.le and equipment n red at the n.le EN dot$R©L}!4'�E-16Cati0R'i�iBi`Wfl9-agft'w 'zv-vraPRtltig-by provided that such materials and equipment have bee vvrrrrnc-F,n ...6 �:l.w , ..el -tided in an Application for I aaymen, r LmTri.ienEi0 L..aLTT/_1TTE n„d 5A.5. le effect m _eS3t un til ay r „til finalpm«t niad� .«Inane arm-.v-vi+icrvrol.e....: a a�eed - _. -if}tin y OWNER,COM'D ACTO n„d ENGINEE- with eo7- �Vr}tt@H-n9tiei��•• a rL eLer, rla itloml inSlNed 'a •• ifieet- of in a has been ISSue£l - -7---OVR,dl;R-shall purchase d maintain-suehrbailer end-tnae}�iner�-insurans„�;.�dd�'ienal-prepertY +nsufoaee ��,ay�..e :,�Raaw-�'an�'^^ple: ante[}`-5©nditiorls-or Laws an&-P�eguletiens-wii elrwtN-ff.e1Rdehe-interests-e€ C WICD CONTRACTOR, c..l.contrenotO.m vnMrhrcvn sue.:-.s -6E}iOI=pBFSUFIS-Car-BFtflif�i is deerned to hffve an insurable interest and shall be listed a an insured or��. other e..:d----- othereOZ re....:red ot.. l.e .�..r..L..ned and maintained by-AV;�lkrR-rfraG -e-ijAh-pa&-Wa h-,-5-6 FL rded 1.e lle.i o::o.aocr�l4`ill- k30twe:v�eF-alaiC-liaiiy Gliatiged er r£naWa) reed ..r 1�n. tom: �T _fir byfitCLn--imufr-ins-ileaRgiVefi--tB-�tlic Q�� BfiEl whara a owltdikate-off-inos'na— I— been issued and will nrnin�orl6n�L«�i'a'fco--�C-r cotale--�4fnYef-�IAYL516HS-- ka .BFElanea—ii'itli Far Tgi)h4;l-1- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in that aride=ied in mentary Gendiiiae5. The risk- of Win - by ethers-su1 mg_my qlwh loss and if any _ef IL -En Wishes Prop"' IRSURIFIGO Covcia dii'i?� 1 e hm'tt` vi-a¢vfirz"i"mo"3n-ins, ti"' i-'may Purchase an asees own @)Tense EICDC GENERAL CONDITIONS 1910-8 (1990 Edits ml 10 w/ CITY OF FORT COLLINS MODIFICATIONS [REV 4,2000) c„,t�1� 1 W — .t I'll1D�nc� cies-1-Amallased-ul accordance With paragraphs-5-6 Find 5.1 will .Fade... (IISTiLO CONTRACT SubeDliu8eE6F5, �F7,�',L'D LTilx1T.TCCDI,. �-aZS Tizvcl xtl-LI�"1CJ C s er seta[ es i�eeiti€lei the Supplementary Conditions to be listed a in oi-Sddrnenal-msw •ifl ProvidePrimary coverage F r all lasses -_end - damages e eed by the„e.:ls a real thereby All globe- ..... or�nv n the event „C pa en eC n«.. lose of damage the -vim `3:i' �o,:y-,c,.Fa-cr�r..�v�ac have Me fights Of rooevery against am' a Are insureds of a.ddit;o.ni ._edn 'we..«der. (`1t�JAP1CU .l /�J,h ITD ACT!""\D^' 3C—�10-\TM-R.�'cClc"ili—'iRIPc-ell—figt141 egIIy� rL Other „d IL_ur eetiVe „ffieer.. e-lireoturs,--empjo^ rreffi and agents for all losses and damages eaused by, af Ra" 4thO -per&--Cff@Fe[1--1y n..nh „..Iiews And any Other propCIij'-ifLSikaiFlE@-Qpp]icable to the tl-.�l9.rIR__H4 3n--aElElltori wftvve ^loxi 3uehi rights--agrsi"s Subst3atreeter5, ENGINEER—�RRs CensultAnts and all other persons or entities identified in--thy-Sapp} �li�-as .msunedn OF ndd:.:e„al :insureds under such „,lades losses --and- daalagess-88uaaC -N xis-F l tliB abOYd v anws-�ussL..l�e making ^ .ehwaiver may have te the pr .reds a- a hold by O�WMR as trustee OF otherwise 5.11.2. In addition, OWNER �hlii$�--�ixDaAzc`Tz�D ^.r��rmoLvwau�ucc^otrn� 1�, ITPCiirPTDxC7--CofDe[IIT6J - �llV Jc Pffire�leean:renrors ,�mpleylbs a^'� agent_of- ii�6� thern4or- �� "�•�Y' o Of use BE other 60asequential less 0) beyond-dreot-phy%ieol 'v.,Tn dmnage to Oy,% property of the Work-ewaged-b), arising out of OF resulting whether or net Receipt and Application oflnsuraneeProceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, 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 agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and if required i iye--bond—for—the proper formanee ofw—ogueli dm.on� la Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the 5t� CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the el>)ectmg perty�se-notify the efheretty OWNER will notify CONTRACTOR in writing within tea fifteen days after receipt delivery of the certificates (eF ethff eviderse requested) to OWNER as required by paragraph 2.7. ©Il TT[�'.D ..�.1 l�r1TiTD L 11 the fequiretteeverttg�-=W-ithout r e".�tia anyh^' right Bonds of in the Comma prie��. Partial b'filization--PropertyInsurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 E(btim) wl CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property, at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR. will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consentgiven 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 Holidays or outside the Regular Working Hours 6.4, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6A.1. Purchasing Restrictions: CONTRACTOR must comply with the City's pwchasirlg restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Manaaement Division or the City Clerk's office. 6.4.2. Cement Restrictions. City oC Fort Collins Resolution 91-121 requires that suppliers and producers rs of cement or products containing cement to certify that the cement was not made in cement kilns that bum 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 furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents, Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance 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 paragraph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or lvfilestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an itein of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910-8 (1990 Editial) 12 w/CITY OF FORT COLLINSMODIFICATIONS WV4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or-F.qual If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER. as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINF.F,R's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in FNGMEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the Proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTORSs Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may h mish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGNF,F.R. CONTRACTOR shall submit sufficient information to allow ENGINEFR, in ENGMER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evahiation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINFER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINBER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGNEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 68. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting,). The 20 percmt requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if L.0 Sapp..".. ons Bidder Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance of he specified date prior to the Effective Date of the Agreement for acceptance by OWNFR and ENGINEER,--and-+f GONTRAGi L submitted li.9t- •thepeof—in ApCordfinAp with the Supplementary Conditions OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any subcontrastor, Supplier tether ersen-oK oil the we revoked basis-4-reaselutble ebn ager due invest; in-which-ease-QQNTRAC-TOR-steal �bmit -an aeeeptsble-substittite-a�-vie-be adjusted-lay_the-ditlerenee_in the cost occasioned -by wifl�e sued-©FWri an-- erdmettf�igtteck will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless tior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fumishing 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 or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts -paid W CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment". EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fitim) 13 W1 CITY OF FORT COLLINS MODIFICATIONS IREV,12000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 L All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Wherfferany su�h . eat is--with-a Subcentreeter-er--Supplier--w} F is l:��a a a additional -iawt d on insurenee• presided -in pera�eplts S.6 A-a6= e ei*--between- the 00N4P rCTna. _r and the e.. _ ,._ c,.Sapplier ill eoMain-provis 'ter--ar-�upglier _ 011 right,agaitast Q;WTE CONTRACTOR; CONTCTO PNGITIMER- 1--ether Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edidal) av' CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. 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 shalt be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORs primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1, OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price. Address: Colorado Department ofRevenua State Capital Annex 1375 Sherman Street Denver Colorado. 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District IRTD and certain Colorado counties are collect_ed—by_the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on anv items other than construction and building materials physically incorporated into the nroiect are to be raid by CONTRACTOR and are to be included in appropriate bid items. Use ofPremtsesv 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. DCDC GENERA[. CONDITIONS 1910-9 (1990 EMml w/ CI7Y OF FORT COLLINS MODIFICATIONS (ItLV 40000) 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 order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ol� and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the 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 or 620.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be I iable, 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 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and 12/03 Section 00100 Page 2 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. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23, In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings andSarrtples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.242. 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 tmtalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 E1CDC GENERAL CONDITIONS 1910-8 (1990 Ethdm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6,25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.:. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25A.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, metl-xl techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26, ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample sulmiittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction. (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of connected 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. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; not will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2 9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. C'ONTR4CTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERs Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.1.2. normal wear and tear under normal usage. 6,30.2. CONTRACTOR's obligation to perfornl and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTR4CTOR's obligation to perform the Work in accordance with the Contract Documents: 6.302.1_ observations by ENGINEER; 6.3022. recommendation of any progress or final payment by ENGINEER; 6.30.23, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER, 6302.5, any acceptance by OWNER or any failure to do so, 6.30.2.6 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30,2.7. any inspection, test or approval by others, or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32, In any and all claims against OWNER or ENGINEER or any of then respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit ads or other employee benefit acts. 633. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, d rectors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTIU''R WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 1 R EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed Uai) w! CITY OF FORT COLLINS MODIFICATIONS (RED' 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized, and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER. 8.3, OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OA NER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. S.S nII/Ai>;Db.e....opsA ilitiesiF respect efp;weh,,,.: g berth irrparagtaplr — +fflough 5: ] F} &6. OLVNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7, OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 9.8. In connection with OWNER'S right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph152 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 840--O W NER's-respensibAity-in-respect-Gf-undisclosed Asbestos, �- ,--PBtroleum, Ha.•••'•t,•us _r.ir�voste—or Radiseet„v-rvmcc„ars uneu:eied of fe:enca-nr-cha lte-ts lt set forthinparagraph 4=S CONTRACTOR Fe .,et.te .se..,.e -- fineneini artangem®n.� I.,..,-,�.o �>_oe.. ...,,awo_z• _�ersfy-13WN�'s respeelsibiltW-in-respesf Eltereef wiH-lamas set-fori}rin-t}te Supplentamtery�onditien� ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION 0WAE'R's Representative: 9.1. ENGEVEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 11sits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress ESCDC GENERAL CONDITIONS 1910-9 (1990 E(fi iau wl CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) 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 accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWN informed of the progress of the Work and will endeavor to guard OWNER against defective Work. F.NGINF,ER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 9.3.1. The Re resentative's dealings in matters pertaining to the on -site work will, in general be with the ENGINEER and CONTRACTOR. But the Representative will keep the OWNER properly advised about such matters._ The Representative's dealings with subcontractors will only be through or with the full knowledge_ and approvalof the CONTRACTOR. 9.3.2. Duties and Responsibilities. Representative will: 93.2.1. Schedules __Review _ the —Progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER. concerning acceptability 93.2.2. Conferences and Meeting— --Attend meetirtr th _the CONTRACTOR such as preconstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.23.1_ Serve as ENGINEER'S liaison with CONTRACTOR, working pnncjpelly througlt CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.32. Assist in obtaining from OWNER additional details or information, when re uirec for proper execution of the Work. 9.3.23.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requir ng a Shop Draw or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work, Reection 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 determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.2Rekort to the ENGINEER whenever the Representative believes that the Work is unsatisfactory faulty or 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 he believes work should be corrected or rejected or should be uncovered for observation or regures special lesting inspection or approval. 9.32.4.3, Accompany visiting- inspectors representing public or other agencies having iurisdiction over the Proiect, record the results of these inspections and report to the ENGINEER 9.32 i, Interpretation of Contract DocumKms_ Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and intemretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6, Modifications. Ccrosider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 E6[im) 20 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisicros issued by the ENGINEER. 9.327. Records. 93.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shpp Drawing and sample submittals. 9.3.2.82 Consult with ENGINEER in advance of scheduling major tests inactions or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, \Fork Directive Changes and Yield orders. 9.3,2.8.4. Report immed ately 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 forward with. recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and eouipment delivered at the site but not incorporated in the Work. 9.3.2.10. Comoletion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the com�xinv of the ENGINEER OWNER and CONTRACTOR and Rrepare a final list of items to be corrected or completed, 9.32.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerrinig acceptance. 9.3.3._ Limitation of Authority: The Representative shall ttot. 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by ENGINEER. 9.3.32. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR, Subcontractors. or CONTRACTOR'S superintendent 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for cortstruction unless such is sXcificall v called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions andpro hams in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part.! 9.3.3.8. Participate in specialized field _or laboratory tests or inspections conducted by others except as- spec$ic_ally authorize¢ by_ the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS tRU 412000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER. may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Mariationsin Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Rice or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustiftes an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11. and 12. 9.9. In connection with ENGTEEWs authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the tine limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEERS decision unless otherwise agreed in writing by OWNER anti CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party''s submittal, if any, in accordance with this paragraph. ENGINEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in E%HIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL CONDITIONS 1910-S U990E(Itiai) 2` wi CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter p rsua ^R �=ffa�^'.e 14 9.13. Limitations on ENGINEER's ,Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in goad faith either to exercise or not exercise such authority or responsibility- or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfomlance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9,13.4. ENGINEER's review of the final Application for Paymentand accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 913.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN TIE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be perforated under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 102. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Rice or an adjustment of the Contract 'Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Rice or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 139. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. 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 (iii) agreed to by the parties, 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties, and 10.4.3, changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.111 provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29, 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910-8 (1990 Edih m) w/ CITY OF FORT COLLINS MODIFICATIONS (M 4/2000) (including, but not limited to, Contract Rice or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CILANGE OF 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 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Rice will be valid if not submitted in accordance with this paragraph 11.2, 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.62); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work.- 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Pavroll costs shall be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health area -retirement benefits; -bends,,, 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. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR wiles OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained I1.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or fur shed by Subcontractors. If required by OWNER, �4 EJCDCGENERAI, CONDITIONS 1910-9 (1990EJibm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4.2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 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 discharge of duties connected with the Work. 11 4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery; appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. 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. 11.4.5.4, Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is Gable, imposed by Laws and Regulations. 11.4.55. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and fumishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR. shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.53. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses,- including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly emploved 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. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fired fee, or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee�f€tve pareenf s�the amount -pa tiro the next lewer-FiefSubcmtfaeter,-to be negotiated in gaol faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4, no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 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 11.626. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on die basis of the net change in accordance with paragraphs 11.62.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 2-5 such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 12/03 Section 00100 Page 3 determined pursuant to paragraphs 11.4 and i 1.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances., 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be famished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: ll.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR'.s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work.' 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.92. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. 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 Agreement; E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) L6 w1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000) and 11.9.32. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining, item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 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 paragraph 12.1. 122. All tune limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any hart of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in paragraph 12.1, Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perforating other work as contemplated by Article 7, foes, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4, Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organisation, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (it) 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 performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPFCTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -limes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13 4 L for inspections, tests or approvals covered by paragraph 13.5 below; 13 4.2, that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJC )C GENERAL CONDITIONS 1910-8 (1990 Echtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) below shall be paid 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 require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to suchnotice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 0HgV?'R Afay Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR I'OR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one—year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs. losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.122.1n special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other E1CDC GENERAL CONDITIONS 1910-8 (1990 Editiuo 28 w.r CITY OF FORT COLLINS MODIFICATIONS (REV412000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ene-year two year after such correction or removal and replacement has been satisfactorily completed. .Acceptance of Defective Rork: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OlkrNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article l 1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNFR May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress paym ents and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Urit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein all of which will be satisfactory to OWNER The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subtect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the application for WMem form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes. Section 24-91-101 et sea. CONTRACTOR's Illarranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieations for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edilion) w/ CITP OF FORT COLLINS MODIFICATIONS (REV 4/20001 recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGIINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief 14.5.1, the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the 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 paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Iaws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or famish Work in accordance with the Contract Documents 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with Paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's perforniance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written. notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete- (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does notconsider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 EICDC GENERAL CONDITIONS 1910-8 (1990 Editiai) w.' CITY OF FORT COLLINS MODIFICATIONS (REV 412000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that. the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINE_ER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. 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: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without' significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 149 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14-10.2- No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (it) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDC GENERAL CONDITIONS 1910-8 (1990 Editim) Wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize-paymrent are -to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment andAcceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINF.ER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGfNE.ER'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 for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in 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 General 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 remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the tenus and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of finttl payment will constitute - 14,15,1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defeclive Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TFRNHNATION 0WArF_R May Suspend Work: 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 clays by notice in writing to CONTRACTOR and FNGIN ,,R which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR. makes an approved claim therefor as provided in Articles I I and 12. OTVAER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2. ] . if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6), 152.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 1524. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-8 (1990 E(i[ial) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4 for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR Nfav 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 for Payment within thirty clays after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER. and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may 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 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giring Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 172.1. When any period of time is referred to in the Contract Documents by days, it will be computed to excludethe first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed tiim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) I T22 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13. L 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement Reference to two pertinent Colorado statutes are as follows; 17.6.2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 34 EJCDC GENERAL CONDITIONS 191M(1990Editiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4I1000) (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 35 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)