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HomeMy WebLinkAbout108423 VOGEL CONCRETE - CONTRACT - BID - 5847 STREET MAINTENANCESPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE PROJECT PHASE II BID NO. 5847 2006 RENEWAL City of Fort Collins February 2006 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Vogel Concrete, Inc. (Address) 1313 Blue Spruce Drive, Ste. B. Ft. Collins, CO 8052 (an Individual), (a Partnership), (a Corporation), hereinai the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) P O Box 9271, Seattle, WA 98109-0271 hereinafter referred to as "the Surety", are held and firn Citv of. Fort Collins, 300 Laporte Ave., Fort Collins, (Municipal Corporation) hereinafter referred to as "the OWt sum of $1,491,976.37 in 1 United States, for the payment of which sum well and truly t ourselves, successors and assigns, jointly and severally, presents. Bond No. KA2427 r referred to as ly bound unto the Colorado 80522 a ER", in the penal wful money of the be made, we bind firmly by these THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st da of FEbruary , 20 O4 a copy of which is hereto attached and made a par hereof for the performance of The City of Fort Collins project, CONCRETE ROJECT PHASE II; BID 'O. 5847. NOW, THEREFORE, if the Principal shall make payment to al subcontractors, and corporations furnishing materials for or in the prosecution of the Work provided for in such Ai authorized extension or modification thereof, including all materials, lubricants, repairs on machinery, equipment and rented or used in connection with the construction of suc insurance premiums on said Work, and for all labor, perfor whether by subcontractor or otherwise, then this obligatio. otherwise to remain in full force and effect. persons, firms, performing labor reement and any amounts due for tools, consumed, h Work, and all ied in such Work shall be void; 7/96 Section 0*15 Page 1 MW ORNFAAL CONOMOM 19104 (1"Or(Ium) wi CITY C4: FORT COLUN5MODIFICATIONB MUV W94) t.C-Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General qonditions of the Construction Contract (EJCDC General Conditions 1910-8, 199q edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.14.8. The limits of liability for the insurance required by the parao 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 ve limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance pol limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations cove liability coverage with limits of $1,000,000 combined s (CSL). will have a/product e limits 7/96 Section 0090 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 7/96 Section 00* Page 2 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONCRETE PROJECT PHASE II; BID NO. 5847 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 TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders appro ACCEPTED BY: ACCEPTED BY: Contractor's Representative Project Manager $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 009SO Page 1 Section 00960 Application for Payment APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 9/99 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed, Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9/99 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Q ty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 9/99 Section 00960 Page 3 Item Invoice SUMMARY On Hand Received Installed Previous This This Me, PAGE 4OF4 On Hand This $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $Q.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 M 9199 Section 00960 Page 4 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construc current Latimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Speci a part of this Contract by this reference, except as revised herein, and are hereby adopted as the Specifications of Compliance for this project. In those instances where the Standard Specifications the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Cooperation between Contractors 105 Inspection of Work 105 Maintenance during Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Borrow 212 Seeding, Fertilizer, and Sodding 304 Aggregate Base Course 403 Hot Bituminous Pavement— Patching 604 Inlets 608 & 609 Sidewalks, Curb and Gutter, Drive Approaches, Aprons, Crosspans, and Concrete 614 Traffic Control Devices 2005, and the ins") are made ium Standard ct with any of REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking v the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the posted for "NO PARKING". The placement of these signs shall take place at least 24 hi commencement of work and shall clearly show the type of work, and the day, date and times on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, t1 posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to " WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARK] PARKING" signs shall remain in place until the street is opened to traffic and all clea completed. interfere with eet(s) shall be rs prior to the at the message street shall be ) PARKING, G" sign. "NO up operations All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be cl arly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two d ys only. Any work done by the Contractor without traffic control will not be paid for under the terns nif this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control d vices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall at io review at this time with the Engineer the proposed means of handling parking and traffic control for upcorm g work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer I of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers nei shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 614, Traffic Control Devices" Project Specifications - Page I of 30 upon by in the field herein. PROVIDED, FURTHER, that the said Suretv, for value received, hei and agrees that nc change, extension of time, alteration or a terms of the Agreement or to the Work to be performed thex Specifications accompanying the same shall in any way affect on this bond; and it does hereby waive notice of any such change time, alteration or addition to the terms of the Agreement or to the Specifications. . eby stipulates idition to the eunder or the its obligation , extension of :o the Work or PROVIDED, FURTHER, that no final settlement between the 9WNER and the CONTRACTOR shall abridge the right of any beneficiary hereunde whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorize to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) 1counterparts, each one of which shall be deemed an original, this 1st day of IMarch , 2006. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: 1 Vogel (Title) 1313 Blue Spruce Dri (Address) Other Partners IN ,s • Surety i� By: PO Box 9271 (Address) C- Inc. Ste. B, Ft. Collins, CO 80524 Bonding and Ir4urance Company 1 Date of Bond must not be prior to date of A reement. If CONTRACTOR is Partnership, all par ners should execute Bond. Section 00615 (Page 2 NO PARKING Md July 7 7mw00 AM - 6:00 PM PATCHING Project Specifications - Page 2 of 30 REVISION OF SECTION 105 COOPERATION BETWEEN CONTRACTORS Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.07 shall include the following: Concrete construction and/or reconstruction operations at intersections may involve the Jestruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the contractor at no additional cost. New loop detectors may be installed at other intersections wl iere they do not now exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors. Also, the Contractor shall coordinate with the City Traffic Division to insure that any cleanup r quired after the ns installation of the loop detectors will be completed before concrete placement operatic,be in. Project Specifications - Page 3 of 30 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facili to scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall noti the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspe tion, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve t e owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligati contract as prescribed. Work and materials not meeting specifications shall be corrected and ui materials may be rejected, notwithstanding that such work or materials have been previously Engineer or that payment therefore has been included in the progress estimate. Project Specifications - Page 4 of 30 to fulfill his able work or iected by the REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the constru( cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area after the completion of the day's work. It shall be the Contractor's responsibility to prov manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other eq clean the streets. All sweeping and clean up equipment shall be approved by the E commencement of work. The Contractor shall maintain the streets during the construction process as prescribed a If a street requires additional sweeping by City forces, the Owner shall deduct from a Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted separately, but shall be included in the work. Project Specifications - Page 5 of 30 m area shall be left uncleaned the necessary as needed to prior to the due the not be paid for REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not sh details or construction documents shall not relieve the Contractor of his responsibilities as 1 Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the underground improvements which may be subject to such damage by reason of his operati Any pruning of vegetation shall require the written permission of the property owner and/or on the plans, ded for in the lion of such Engineer. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area 4f all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean d vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operat d rol ler or other method approved by the Engineer. For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (�) working days of the placement of the concrete. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would b detrimental to the proper development of vegetative growth. The material to be utilized shall be approved I y the Engineer prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall bf fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and c ntours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor hall clean and prepare the area along the entire length of the repair location as stated above to a minimum if one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nati ire of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damag ed areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the proerty owner in writing of the nature of the work that has taken place and the fact that the sod will be watered my once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed by the end of the first woring day of the week following the placement of the concrete. II Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits c f construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction open itions shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In a reas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement 3f topsoil, sod and sprinkler relocation will be provided by the City under separate, contract. Project Specifications - Page 6 of 30 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE All landscaping that is damaged due to construction operations shall be replaced by the ntractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engi eer. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary bligation of the Contractor in connection with the various items of the Work, and no measurement or paymer t shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landsc ping and lawns damaged by construction operations, other than concrete repair, shall take place within three ( ) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade djustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separa a contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or facilities shall be considered incidental to the work being done and shall not be i separately. Project Specifications - Page 7 of 30 underground and paid for REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: EJANFEB MAR APR MAY JUN JUL AUG SEPT OCT N V DEC - NENLLL-il All Work is to be completed in one hundred thirty (130) consecutive working days. Subsection 108.06 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per ea to complete all unit work items covered by the contract. Vicinity maps of each area are included in Sectioi 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also ir clude projected start and end dates. Individual street quantities are described in Section 02500, Quantity Est mates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the itybased on the schedule of working days discussed above. Subsection 108.07 shall include the following: Failure to meet the agreed upon milestones or fully complete the project in one hundred thirt� (130) working days, shall result in damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1000.00 per day may be retained f to any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or ortion thereof, and retain any, costs incurred above and beyond the bid prices of the Contractor from any nonies due the Contractor in lieu of liquidated damages. Project Specifications - Page 8 of 30 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: Subsection 201.03 shall be amended to include the following: When any tree roots are encountered during construction operations, the Contractor shall prior to any root removals. The Engineer and the City Forester's representative shall then n regarding removal. r the Engineer determination Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudin l axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or of er blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contactor to prevent any damage to the roots with tools or equipment. All costs for removing tree roots shall be considered a subsidiary obligation of the Contract in connection with the various items of the Work, and no measurement or payment shall be made separately fo the removal of tree roots. Project Specifications - Page 9 of 30 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 202.01 is revised to include the following: This work consists of sawing and cutting to facilitate controlled breaking and removal of asphalt to a neat line. CONSTRUCTION REQUIREMENTS Subsection 202.02 is revised to include the following: Sawing of concrete shall be done to a true line, with a vertical face, unless otherwise of a saw cut in concrete shall be 4 inches or less, as directed by the Engineer. METHOD OF MEASUREMENT Subsection 202.11 is revised to include the following: Sawing shall be measured by the lineal foot. This item shall only be used where the not already being paid under another item. and The depth directs sawing Sawcutting related to the items described in Revision of Section 608, Sidewalks, Curb Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement, shall be considered a subsidia y obligation of the Contractor, and shall not be measured or paid for separately. BASIS OF PAYMENT Subsection 202.12 is revised to include the following: Payment will be made under: PAY ITEM UNIT 202.01 Sawcutting <_ 4" LF 202.02 Sawcutting—Additional Depth LF/Inch The above prices and payments shall include full compensation for furnishing all labor, nfaterials, tools, equipment, and incidentals and for doing all work involved in Sawcutting as specified in these s ecifications, as shown on the plans, and as directed by the Engineer. Project Specifications - Page 10 of 30 REVISION OF SECTION 203 EXCAVATION AND BORROW Section 203 of the Standard Specifications is hereby revised as follows: Subsection 203.01 is revised to include the following: This work shall consist of removing and disposing of the existing pavement, base or other m terial, preparing the subgrade for the subsequent course, and placing borrow in accordance with the spec ications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", as her after described. The Contractor shall dispose of all excavated material. Subsection 203.05 is revised to include the following: (a) General Excavation shall consist of the excavation of all materials of whatever the work not being removed under some other item. Subsection 203.09 is revised to include the following: The Contractor shall be responsible for the protection of the subgrade/base course until subsequ been placed. The excavation will be accomplished in the following manner: General Excavation: The asphalt pavement areas to be removed will be marked on the surface by the Engineer with vertical cut shall be made through the pavement to provide a square or rectangular opening, su, will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allow required for courses have Lint. A straight that each edge If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to� the limits and depths designated. Where excavation to the finished grade section (including General Excavation and Patchi ) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitabl materials and backfill to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor sh ill prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separat y, but shall be included in the contract unit price for General Excavation. Borrow: Borrow shall be placed as directed by the Engineer. The minimum amount of borrow (approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Ba Base Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the 1 provided it falls within the gradation requirements as shown in the Standard Specifications.) required for a specific location shall be directed by the Engineer Project Specifications - Page I I of 30 be one load for Borrow. e) Aggregate t run variety The material JUVQW .ALL MEN BY, THESE kR$SXWS, that the C49lpany does hereby make,: constitute and appoint the following:; w. R. AITHIOW and TYIxA WITRROWw its true and lawful httoxney(s)-in-Fact; withlfuLl power and authority hereby ca#furred in its name., place and stead, to execute, aoknowledga and deliver on behalf of the Company: (1) any, and all bonds and undertakings Iof suretyship given for any purpose, provided, however, tbatlno such person shal] be authorized to execute and deliver any bond or undertaking that shall obligate the',Ccmgany for any portion of the penal sum thereof in excess of 110,000,OOo,;aad provided, further, that no Attorney -in -Fact zball'have the authority to issue it bid or proposal bond for any projeot where, if a contract is awarded, any ad or undertaking would be required with penal sum is excess of $0 000 :00 1l and (2) ' consents, releases and other similar documents required by, an oblig,46 under a contract bonded by the +Company. This appointment is made under the a ithatit*,of the Hoard of 'Directors of the Company*- -- ---- - - --- -- ---- -- ------ �. i ce= t' -__------w-----------------------------------------T-------=-----^-- ----------` n -- --- -- - - ---- ------ - - - -- --- --- - --- -- -- ----- _ —iw.- w_ w.. wr r' ,w •rw ua w_—w1w--_w_wr-w R r rr REVISION OF SECTION 203 EXCAVATION AND BORROW Borrow will be paid by the ton at the proper moisture. Haul and water necessary to bring moisture content will not be measured or paid for separately, but shall be included in the c Borrow. Load slips shall be consecutively numbered for each day, and submitted to the Engineer Subsection 203.17 shall include the following: to optimum unit price for The Contractor and the Engineer shall field measure and agree upon the excavated quantity b fore any further work continues. Should the Contractor fail to request the Engineer to measure any work anp perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not a compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow will be paid for at the contract unit price per ton. not be measured and paid for separately. Subsection 203.18 shall include the following: Payment will be made under: PAY ITEM UNIT 203.01 Excavation — General CY 203.02 Borrow Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, plans, as specified in these specifications, and as directed by the Engineer. Project Specifications - Page 12 of 30 Subgrade and haul will luipment, and cing material, shown on the REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows: Subsection 212.01 is revised to include the following: This work shall consist of soil preparation and furnishing and placing topsoil and blue grass s in accordance with these specifications, accepted horticulture practice, and in reasonably close conformity w th the locations and details shown on the plans or as designated. This work shall not include locations of cc ncrete repair in which grade changes and additional work does not occur. See "Protection and Restoration of J Iroperty" found herein. Subsection 212.02 is revised to include the following: Topsoil Topsoil shall conform to the requirements of "Protection and Restoration of 1'�roperty" found herein. I Sod Bluegrass sod shall be nursery grown, 99% Kentucky Blue Grass and 99%weed ee. Other sod type may be used only if approved in writing by the Engineer, The 1% allowable eeds shall not include any undesirable perennial or annual grasses or plants. Soil thickness of s cuts shall not be less than 3/4 inch nor more than one inch. Sod shall be cut in uniform strips ith minimum dimensions of 12 inches in width and 48 inches in length. The Contractor shall sub it a sample of the sod he proposes to furnish. Said sample shall serve as a standard. Any sod furr ished, whether in place or not, that is not up to the standard of the sample may be rejected. Sod t t has been cut for more than 24 hours shall not be used. Each load of sod shall be accompanied by a certificate from the grower stating the t�pe of sod, and the date and time of cutting. Subsection 212.05 is revised to include the following: Sodding: (a) Soil Preparation. The area shall be cleaned with a minimum depth of four (4) inches (whe topsoil does not exist) and a minimum width of one (1) foot, all irregularities in the grounds face shall be removed, and all edges clean and vertical. Sticks, stones, debris, and other similar mat ial more than /2 inch in diameter shall be removed. Any objectionable depressions or other variances om a smooth grade shall be corrected. (b) Topsoil Placement. Topsoil shall be placed and compacted with a minimum depth of four (�) inches. The amount of compaction required shall be as directed by the Engineer. (c) Sod Placement. The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth. The sod shall be laid by staggering joints with all edges touching. On any slopes, the sod shall run approximately parallel to the slope contours. The Contractor shall water the sod once nd notify the property owner in writing of the nature of the work that has taken place and that the watered once. Sod placement/replacement required due to Contractor negligence shall follow the requirements but will not be measured and paid for under the terms of this contract. Project Specifications - Page 13 of 30 will only be section REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Subsection 212.08 is revised to include the following: No measurement for payment shall be made for re -sodding lawn damaged by the Contractor concrete, when the grade of the existing lawn reasonably matches the grade of the new concrett this instance shall be considered incidental to the work being performed. ljacent to new Re -sodding in No measurement for payment shall be made when the re -sodding is incidental to the work berformed or is contained within any other pay item in section 02000. l Project Specifications - Page 14 of 30 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised as follows: Subsection 304.02 is revised to include the following: Aggregate Base Course shall meet the grading requirements for Class 5. Recycled asphalt or may be substituted for Aggregate Base Course at any time as directed by the Engineer. Subsection 304.07 is revised to include the following: concrete Aggregate Base Course will be measured by the ton at the proper moisture. Haul and water nekssary to bring mixture to optimum moisture content will not be measured and paid for separately, but shall b included in the contract unit price for Aggregate Base Course. Subsection 304.08 is revised to include the following: Aggregate Base Course will be paid at a fixed 750Jo of the total amount used. The re aining 25% is intended to cover incidentals such as temporary patching, wash pits, form board reinforcement, knd storm water protection. Failure to protect open excavations, or any other use not directly related to the Work, shall not be measured or paid for separately but shall be included in the Work. Borrow that is placed as a result of excavation of unsuitable subgrade will be paid for at th unit price for Borrow under Revision of Section 203, Excavation and Borrow. Load slips shall be consecutively numbered for each day, and submitted to the Engineer daily. The accepted quantities for Aggregate Base Course will be paid for at the contract unit price 1 er ton. Payment will be made under: PAY ITEM UNIT 304.01 Aggregate Base Course Ton The above prices and payments shall include full compensation for furnishing all labor, ir aterials, tools, equipment, and incidentals and for doing all work involved in the placement of Aggregate Base Course, complete -in -place, including haul and water, as shown on the plans, as specified in these specif cations, and as directed by the Engineer. Project Specifications - Page 15 of 30 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT - PATCHING Section 403 of the Standard Specifications is hereby revised as follows: In all concrete repair locations, the Contractor shall remove no more than six (6) inches of The pavement areas shall be temporarily patched with a minimum of two (2) inches of hot r maximum depth of six (6) inches. These locations shall be paid under the Contract Unit Pr Patching. Subsection 403.04 is revised to include the following: Temporary Patching will be measured by the ton. Pavement cutting, excavation, subgrade pr disposal, and bituminous materials will not be measured or paid for separately, but shall be contract price for Temporary Patching. Load slips shall be consecutively numbered for each day and shall include the batch time. Subsection 403.05 is revised to include the following: The accepted quantities for Temporary Patching will be paid for at the Contract Unit Price Payment will be made under: Pay Item Pay Unit 403.50 Temporary Patching Ton The above prices and payments shall include full compensation for furnishing all labor, equipment, and incidentals and for doing all the work involved in Temporary Patching, inc cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete-ii on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications - Page 16 of 30 halt pavement. asphalt, up to a for Temporary haul, in the Ton. als, tools, pavement . as shown REVISION OF SECTION 604 INLETS Section 604 of the Standard Specifications is hereby revised as follows: Subsection 604.01 is revised to include the following: This work shall consist of the removal and replacement of existing inlets and/or inlet decks, in these specifications, and in reasonably close conformity with the lines and grades shown established by the Engineer. Subsection 604.05 is revised to include the following: ardance with the plans or As part of the "Reconstruct Inlet Deck" items, the concrete around the inlet as marked shall De removed and hauled from the site. The existing frame, grate, and angle iron face shall be salvaged a d reused in the reconstruction of the inlet deck. All reinforcing steel encountered during removal shall be replaced with new steel of the grade and size as shown on the detail found herein. Reconstruct Inlet Deck shall include the deck reconstruction of existing inlets, including two three and a half foot (3.5') transitions, measured from inside face of box, on each side. Inlets with openings gi eater than those defined on the detail shall be paid for as Reconstruct Inlet Deck, per each, plus Inlet Deck - Additional Opening, per lineal foot. Subsection 604.07 is revised to include the following: When concrete is to be removed and replaced around an existing grate without disturbing the i shall not constitute Reconstruct Inlet Deck. These locations shall be measured and paid for sepi items described in Revision of Sections 608 and 609 - Sidewalks, Curb and Gutter, Drive App and Crosspans found herein. Subsection 604.08 is revised to include the following: Payment will be made under: PAY ITEM UNIT 604.01 Type R Inlet — Remove and Replace Each 604.02 Reconstruct Inlet Deck — Catch Basin Each 604.03 Reconstruct Inlet Deck— Catch Basin Additional Foot Opening Each 604.04 Reconstruct Curb Inlet Deck — 4' Opening Each 604.05 Reconstruct Curb Inlet Deck — 4' Opening Additional Foot Opening Lineal Foot 604.06 Type 13 Curb Inlet with Frame, Grate and Adjustable Curb Bonnet Each 604.07 Concrete Sidewalk Culvert Each 604.08 Metal Sidewalk Culvert 5/8" Plate Each Project Specifications - Page 17 of 30 or box, this ly underthe ies, Aprons REVISION OF SECTION 604 INLETS 604.09 Additional Square Foot 518" Plate Square Foot Expansion joint material shall be installed every 500' in long runs and between new structure slabs and slabs, where called for, and around fire hydrants, poles, inlets, sidewalk underdrains, mid -block ramp! intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansion joint material in and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. Thejoint sh a suitable edging tool and sealed in accordance with CDOT Section 412.18. Expansion and caulking sl Item 608.37 Expansion and Caulking. The above prices and payments shall include full compensation for furnishing all labor, materials, tool incidentals and for doing all work involved in Inlets, including demolition, disposal, reinforcement complete -in -place, as specified in these specifications, as shown on the plans, and as directed by the Project Specifications - Page 18 of 30 sting concrete idius points at be set vertical be edged with be paid under uipment, and replacement, ineer. REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the Larimer Street Standards, October 2002, except as noted herein. Urban Area Monolithic hybrids of curb, gutter, sidewalk and highback vertical curb and gutter will be replaced lusing the same configuration as it was originally installed, unless a flaw in its engineering should become apparent. I these cases the design may be modified by the Engineer. The finished exposed surface and edging of the concrete will match as closely as possible the surface reatment of the surrounding existing concrete. The mix designs for all types of concrete to be utilized shall be determined by the Contractor and bmitted to the Engineer and approved a minimum of one week prior to the beginning of construction. Cement used shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, AASH O M85, Type I, Type 1/11, or Type III. The air content shall be four (4) to seven (7) percent. "High Early" concrete shall be used for concrete repair locations. "High Early" concrete shall hive a specified compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The type of concrete used for a particular location shall be approved by the Engineer. See also Section 2.05, `Rigid Pavement Desi n', and Section 4.2.4., `Concrete Streets', of the City of Fort Collins Design Criteria and Standards for Streets." Water Reducing Agents shall conform to ASTM C 494-82. Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an ac elerating agent. The Contractor shall furnish a load slip containing the information required by AASHTO MI57, Sectioi 1 13, Subsection 13.1 and 13.2, with each batch of concrete. In addition, the type of concrete (mix code) shall be shown o i each load slip. Concrete delivered without a load slip containing complete information as specified will be subject t rejection. In locations where concrete pavement is replaced, the new pavement shall have a minimum thickness of " or a thickness of 1 " thicker than the existing adjacent pavement slab. Existing pavement shall be saw cut to obtain a s traight and neat edge for paving and shall be deep enough to cut through the entire pavement thickness. All joints shall sealed with an asphalt or approved equal, filler compound. The top of the new pavement shall be even with the a fisting concrete pavement. The concrete shall be consolidated with a mechanical vibrator. All construction joints s all be doweled except for expansion joints and joints along existing curb and gutter. In locations where concrete pavement is being replaced, the construction joint (s) shall be constructed in the detail for "Replacing Concrete Pavement" contained herein. This item will not be measured or pa under the terms of this contract. The maximum spacing for transverse joints in crosspans and concrete pavement shall be ten (10) Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, at to ASTM Specification C 309-81 Type II, Class B. The application rate for curing compound shall be I all concrete. The curing compound shall be applied immediately upon completion of the finishing. Project Specifications - Page 19 of 30 cordance with for separately shall conform sq. ft./gal. for REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT All construction joints for crosspans and/or aprons adjacent to new or existing concrete shall t accordance with the detail for "Concrete Construction Joints" contained herein. This item will not be for separately under the terms of this contract. constructed in easured or paid Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restor tion of Property and Landscape" found herein. The time frame for restoration shall be within two (2) working days f om the time the concrete was placed for backfill with topsoil and by no later than the end of the first working day of the following week for sod replacement. The Contractor shall be responsible for the protection of the subgrade/base course until the concrete i� placed The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water, mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 3 hours after the placement of curing compound for 48 hour high early concrete. Concrete blankets shall be used when tl e temperature is expected to fall to 32°F or below within 36 hours after placement of curing compound for 48 hour higi early concrete. Asphalt patching against fresh concrete shall not be permitted during the time frames for protection oi concrete stated above. The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the wo day following the placement of the concrete. If required, the concrete shall be protected as stated above. Any damag caused during the cleanup process shall be the Contractor's responsibility, The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities. Payment will be made under: PAY ITEM PAY 1 608.01 Remove Concrete/ Flagstone SF 608.02 Remove and Haul Fillets EACH 608.03 Apron - Remove & Replace SF 608.04 Crosspan - Remove & Replace SF 608.05 Driveover Curb, Gutter and 4" Sidewalk Remove & Replace LF 608.06 Driveover Curb, Gutter and 6" Sidewalk Remove & Replace LF 608.07 Driveover Curb and Gutter, No Sidewalk Remove & Replace LF 608.08 Driveover Curb, Gutter and 6" Drive Approach Remove & Replace LF 608.09 Vertical Curb, Gutter and 4" Sidewalk Remove & Replace LF Project Specifications - Page 20 of 30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT 608.10 Vertical Curb, Gutter and 6" Sidewalk Remove & Replace 608.11 Vertical Curb and Gutter - No Sidewalk Remove & Replace 608.12 Vertical Curb, Gutter and 6" Drive Approach Remove & Replace 608.13 Vertical Curb, Gutter and Drive Approach — No Sidewalk Remove & Replace 608.14 Vertical Outfall Curb and Gutter - Remove & Replace 608.15 Barrier Curb 12" 608.16 Hollywood Curb, Gutter and 4" Sidewalk Remove & Replace 608.17 Hollywood Curb, Gutter and 6" Sidewalk Remove & Replace 608.18 Hollywood Curb and Gutter - No Sidewalk Remove & Replace 608.19 Hollywood Curb, Gutter and Drive Approach Remove and Replace 608.20 Highback Curb and Gutter - No Sidewalk Remove & Replace 608.21 Highback Curb, Gutter and Drive Approach Remove & Replace 608.22 Pedestrian Access Ramp, Driveover Curb Remove & Replace 608.23 Pedestrian Access Ramp, Vertical Curb Remove & Replace 608.24 Pedestrian Access Ramp, Hollywood Curb Remove and Replace 608.25 Pedestrian Access Ramp, Highback Curb Remove and Replace 608.26 Truncated Dome Panel 608.27 4" Flatwork Remove & Replace 608.28 Colored Concrete (4") San Diego Buff, Up -charge Project Specifications - Page 21 of 30 LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF SF SF SF SF 03/01/2006 15:18 3034409186 HIGH COUNTRY POOLS PAGE 02 Imic fFICATE OF LIABILITY eavitt FLBCollins F C97tl 2537 Research Blvd /202 For Collins, Co i0526 lam"" rots c 2313 Blue $Orwe Dr, Fort Collins, co 80124 W UL1iYy�y�— X COMMRCML wmmk LUYRIry A HO CLAW Mies O mam T�rrL AOGRLOAIE IefTAPlIyR AER A ANYAUTG All GWNpCA UT A OCNEDIAM A I1TOg X NgEpAprm NON4w4=Njr0e i•t'""te Wolfer is AdditiO"I Insured. 1 Operations/All toeatians I City of Fort Collins INSStN. Pbse:tree Fw 540 It Collins, co $0522 ACORD U MMAW FA: 22s-26 INSURERS AFFORDING CDYERAGE onrE (M_ I:�ESIYIrYyI _—_ NAICN 21415 _ IOVE FOR THE POLICY PERIODVANO EO. N-D WRHSTANOINC °SPECi TO yIryIICH THIS CERTI9E ISSUED OR TO ALL THE TERMS. EXCLUSIOONDITIONS OF SUCH 01/17/2007 EACH occuMF :E "WIN $ 1 I N EU 1 E 1 S. PEAL a A RSONCV GENERAL NAINY j_-- — ADORE Moms79— TE S 2 000 00 _ AM AGO f 2 000 L� I1/17/2007 =11EI06IE LENT f _1.000, "Rr *ly—IN f ILrut � Y WiOPERTY (PK A��tI �' At1TO GNLY, EA AC iOMT s d ROTTHAAN - c i __ _� AOG : — EACHOCCURRENCE AGGREGATE r— s EL. P.L. AM OP THE AWN XWN2® POUR= SEC LEo THE U■P� MTpM WE THE mwl THE MEUIN61NOypgL WILL E �IrrM"MWrpGE CEIMRCA7[ IIOL R MAMEG TO THE LEFT, Euw, Eu¢N NOTxx ENAI , -....� -v --- CORPORATION ia—m REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT 608.29 6 " Flatwork - Remove & Replace SF 608.30 Replace Flatwork - V Additional Depth SF 608.31 4' Valley Pan - 6" Depth SF 608.32 8" Alley Pavement - Remove & Replace SF 608.33 Highback Alley Approach (8") - Remove & Replace LF 608.34 Expansion & Caulking LF 608.35 4" Splashblock SF 608.36 Exposed Aggregate SF Sawcutting related to the above items shall be considered a subsidiary obligation of the be measured or paid for separately. and shall not "Pedestrian Access Ramp, Highback Curb," shall be measured by the square foot. The length shall be m asured from the lip of the gutter to the top of the transition at the back of the ramp, and the width shall be measured at the midpoint. "Highback Curb, Gutter and Drive Approach" and "Highback Alley Approach" shall include 4 feet be�tind the back of the curb, and shall be measured in the flow line from the point of curvature on each radius. All pedestrian access ramps shall be placed in accordance with the details contained herein. The ramp iteIns shall include all labor, materials (except truncated domes), equipment and incidentals, including removal, saw-c tting, haul and disposal, and for doing all the work involved in removal and replacement of pedestrian access ramps. Truncated Dome Panels shall be placed on all pedestrian access ramps. Item 608.26, Truncated Dome Pa iel, will be paid in addition to the ramp item. This item shall include all labor, materials, and surface preparation to supp y and place the panels at pedestrian access ramps. Truncated Dome Panels shall be red, pre -fabricated concrete, and sha I meet all ADA requirements. The type of Truncated Dome Panels to be used shall be submitted to the Engineer forapproval prior to installation. Dome Panels shall be placed at the same time as the initial ramp placement. All panels sha I be epoxied on the non -exposed surfaces prior to being set in wet concrete. Expansion joint material shall be installed every 500' in long runs and between new structure slabs and a fisting concrete slabs, where called for and around fire hydrants, poles, inlets, sidewalk under -drains, mid -block ramps, adius points at intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansion joint material mu t be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. The joint sha I be edged with a suitable edging tool and sealed in accordance with CDOT Section 412.18 Concrete washout/truck washout shall be contained in such a manner that no visual evidence of cemetit or aggregate spoils remains on the site. In addition, direct washout to curb and gutter flow lines or inlet structuref is prohibited. Washout maybe accomplished by use of a designated spoilslbase pile, or an identified off -site location. then methods shall be submitted for approval by the Engineer. Flagstone sidewalk shall be salvaged to the maximum extent feasible. All flagstones shall become the roperty of the City of Fort Collins and shall be hauled by the contractor and delivered to the City's site located at 150 Hoffman Mill Road. This item will not be measured or paid for separately, but shall be considered incidental to the rela ed remove and replace item. Project Specifications - Page 22 of 30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT The above prices and payments shall include full compensation for furnishing all labor, materials, tools, incidentals, and for doing all the work involved in Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Concrete Pavement, complete -in -place, including removal, sawcutting, haul and disposal, as shown specified in these specifications, and as directed by the Engineer. Project Specifications - Page 23 of 30 uipment, and rosspans, and the plans, as REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temp( advance warning arrows panels, barricades, channelizing devices, and delineators as regi revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (ML Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area In the event of a conflict between the MUTCD criteria and the City's criteria, the City's When a device is not in use, the Contractor shall remove it from the project for the period Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will removed from the project and later returned to use. Payment shall be made for the maximum type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion street(s). Subsection 614.16 shall include the following: traffic signs, by the latest 1), the City of A Standards. shall govern. is not needed. iclude devices umber of each minimizes work for any All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face coverer avoid confusion to motorists traveling in the opposite direction and other potentially affected residents affected by any information the sign may present. Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a. days prior to the commencement of work. (Note: Traffic Control Plans for work done on Mon shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submit Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be t Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. t construction shall start until the Traffic Control Plan has been approved. Failure to have an Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfe for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for considered incidental to the Work. Project Specifications - Page 24 of 30 when in use to arties, such as City supplied two working ( and Tuesday I no later than vered to City phase of the ,roved Traffic re of payment but shall be REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including adv. signs (if not previously approved) and speed limit signs; method, length and time closures, and location of flag persons. construction tion for lane (2) A tabulation of all traffic control devices shown on the detailed diagram including, bu not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. HoweN er, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for wl to be made. Such approval does not relieve the Contractor of liability specifically assigned to contract. Parking Restriction Plans shall be submitted and approved which show the location and q PARKING" signs, the date to be placed, and the date to be removed. The plans shall be pi supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.n days prior to the commencement of work. (Note: Parking Restriction Plans for work done ( Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to Ci 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the constru until the Parking Restriction Plan has been approved. Failure to have an approved Parking I shall constitute cause for the City to stop work, as well as the Contractors forfeiture of paym and materials at that location, with no adjustment in the contract time. The cost for preparing the traffic control plan shall be included in the contract unit price for Traffic Control Supervi Subsection 614.21 shall be revised as follows: payment is under this ntity of "NO ,ared on City two working Monday and Engineering, ion shall start striction Plan t for all work id submitting Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Wo site Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Contrc 1 Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when reques ed by a City representative, for each TCS utilized on this project.) One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year 4xperience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a mimum inf one week prior to commencement of the work. The Head TCS shall be on site at all times during the const uction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the tCS is being paid under the TCS per hour item, time spent on site may be modified by the City Representativ , as needed, based on the size and complexity of the project, location of work, duration of the project, tr ffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to th� day or hour pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the H+d TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeksl notice and Project Specifications - Page 25 of 30 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review ices will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontracto s and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, nsfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (Th notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's pro ect records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which ccntribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consis of distributing letters indicating the nature of the work to be completed, any special instructions to the reside s (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parl ing and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each ph ise of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria ror distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distrib ting the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contra for shall make arrangements so that the Traffic Control Supervisor or their approved representative will be avi tilable on every working day, "on call" at all times and available upon the Engineer's request at other than in ormal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. O 1 weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintainii g signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shat be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipmei t, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipi ient. Project Specifications - Page 26 of 30 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES All traffic control devices shall be placed under the supervision of a Traffic Control The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' " Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for s construction, available at all times. Subsection 614.23 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet Area Traffic and highway of the various "NO PARKING" Sign with Stand will be measured and paid for separately and not included in t e item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (sand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engi ieer. The sign material and stand will not be measured and paid for separately but shall be included in the Con 7act Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each da s work. The quantity to be measured for Traffic Control Supervisor will be the number of authorized days pez formed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, i ir portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shi 11 be included in the work. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking j p equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the ontract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the �ontract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is act ally used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. F agger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger br aks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract. Project Specifications - Page 27 of 30 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES In locations where traffic control is set up and the work is not performed due to Contractor ca traffic control shall not be paid for under the terms of this contract. The costs for advanc PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including when said signs have been changed or otherwise updated to reflect current schedules, will not L the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner sl compensation due the Contractor $10.00 for each traffic control device per day for said condi "NO PARKING" signs and any signs which are not removed from the site immediately upon a work. Subsection 614.24 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, and pickup. sed delays, the warning "NO those instances paid for under all deduct from ions, including moletion of the delivery, nt will be maintenance, Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing a d disposing of construction traffic control devices necessary to complete the work. All construction traffic tontrol devices which are not permanently incorporated into the project will remain the property of the Contr ctor. The accepted quantities will be paid for at the contract unit price for each of the pay items lis*d below: Pay Item Unit 614.01 "NO PARKING" Sign with Stand Per Day Per Each 614.02 Vertical Panel Without Light Per Day Per Each 614.03 Channelizing Barrels Per Day Per Each 614.04 Type I Barricade Without Light Per Day Per Each 614.05 Type II Barricade Without Light Per Day Per Each 614.06 Type III Barricade Without Light Per Day Per Each 614.07 Size A Sign With Stand Per Day Per Each 614.08 Size B Sign With Stand Per Day Per Each 614.09 Size A Specialty Sign - Cost of manufacturing Each 614.10 Size B Specialty Sign - Cost of manufacturing Each 614.11 Cone With Reflective Strip Per Day Per Each 614.12 Safety Fence Per Day Per Roll Project Specifications - Page 28 of 30 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES 614.13 Light - Steady Bum 614.14 Light- Flashing 614.15 Advance Warning Flashing or Sequencing Arrow Panel 614.16 Traffic Control Supervisor 614.17 Traffic Control Supervisor 614.18 Flagging Per Day Per Each Per Day Per Each Per Unit Per Day Per Day Per Hour Per Each Per Hour The initial manufacturing will be paid for Specialty Signs per unit and the actual use pa for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Onc manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs sh II be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in The flaggers shall be provided with electronic communication devices when required. These be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid t will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in acci MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications - Page 29 of 30 will not separately but with the REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED BOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications - Page 30 of 30 2006 CONCRETE PROJECT -PHASE II GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-1: General Requirements 13 General Requirements 14-1: General Requirements 16 General Requirements 17 03/01/2006 15:18 3034409166 HIGH COUNTRY POOLS PAGE 03 ACnon *a ieww.r IMPORTANT doss r t AD r ftht to INSURED, the PoIwYC*,$) must be endorsed A stater, net txnfer dphts m the cerUrmro holder in lieu of such endorsefienl(s). If SUBROGATION IS WAl D' g t"* m the ternm and oomdMons of the holler ni �Neumrit Of BLIch A" an this CertlRCate does not confer Pol� oertein policies donmy""We) dots to the oenifrcate W8CLMMER The calwaft Of tnum...ft an #0 ►srerse side of Uds form doss not consaCt t7 constitute a rbniretwi aka)• aae p ti►e cerliflcata holder, nor does M9agvely 6 7 61 d. Wtknd or alter the Coved afforded by ft policies listed the SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, cr sspans, aprons, drive approaches, inlets, and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during all areas disturbed to match surrounding surface conditions. Also see tree protection s C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday unless otherwise authorized in writing by the Engineer. After hour equipment operation shall i with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not au Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficien the Owner's costs in providing field engineering and/or inspection services because of such we field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES Restore trough Friday, in accordance rized by the ads to cover The cost for A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental gencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it s necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the p work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager). Rick Richter 970.221.6798 Mobile/Pager 970.222.1132 Erika Keeton 970.221.6605 Mobile/Pager 970.222.0787 F. Names and telephone numbers of affected agencies and utilities in the area are listed below convenience. General Requvements - Page I of 17 scope of Contractor's UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 "Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225AI I I Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Latimer County Sheriffs I Non -Emergency: Ambulance: Poudre Valley Hospi Non -Emergency: 48 Emergency General Requirements - Page 2 of 17 7177 911 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The ontractor shtraall also coordinate with the Landscape Contractor whose Work is separate from the General Contra toms conct. B. Conform to the requirements of public utilities and concerned public agencies in respect to the ti ng and manner of performance of operations which affect the service of such utilities, agencies, or public safeInighborhoods C. Coordinate operations under contract with utility work to allow for efficient completion of theork. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, inclu ing the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assi ned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and t it anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordinate of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required bylthe Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress me tings at least weekly and at other times as. requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be a basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement Per review of tentative schedule by.parties attending the pre -construction conference. This schedule will show ho the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedul and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying sched�led and actual progress. B, Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal re uirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are f¢reseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documen�s and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methpds, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improverni nts. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hour Drior to needing surveyine. C. If the requested surveying cannot be accomplished in the time frame requested by the Contr ctor, the survey personnel shall notify the Contractor with the date on which the requested work will be compl ed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel t work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and flowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the c st of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes o any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other sti I s in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification se ions. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer pri r to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the tinic required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of su ittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caust d by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all informat on required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure i if Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of C ontract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such sub ittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the erformance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Wor . Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the sut mittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Worl in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer' notations and is to submit a revised submittal responsive to notations marked on the returned submittal or writ en in the letter of transmittal. REJECTED Signifies material or equipment represented by the submittal does not conform with the des' concept or comply with the information given in the Contract Documents and is not acceptable for us in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer operation, or maintenance, but which by their nature do not constitute a basis for det, represented thereby conform with the design concept or comply,with the information gi Documents. Engineer reviews such submittals for general information but not for substa 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for cons 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructic characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design coi with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment wh review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections required for materials and equipment, and the effect on contiguous or related structul ration sheets; wner in design, ping that items in the Contract performance it and comply Engineer will i services are materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and t e like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 V? x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended work, and equipment designation. e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Con1 f. Deviations from Contract Documents. g. Revisions on re -submittals. General Requirements - Page 9 of 17 exactly identify detail of item in the Documents. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification measurements and field construction criteria, and coordination of the information within requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract I C. In writing call specific attention to revisions other than those called for by Engineer on previous D. Shop Drawings. products, field submittal with no delay in the 1. Include additional drawings that may be required to show essential details of any chang�s proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 00330 BID SCHEDULE City of Fort Collins Concrete Project - Phase II Bid No. 5847 - 2006 RENEWAL Contract 2006 Estimated at Item No. Description Unit, Unit Cost Iotal Quantity 202.01 Sawcut 4" L+.F. 0 $ 3.17 $ - 202.02 Sawcutting - Additional Inch Depth L.F./inch 0 $ 1.05 $ - 203.01 General Excavation C.Y. 120 $ 52.79 $ 6,334.80 203.02 Borrow Ton 61 $ 21.11 $ 1,287.71 304.01 Aggregate Base Course Ton 2250 $ 26.92 $ 60,570.00 403.50 Temporary Patching Ton 627 $ 158.36 $ 99,228.38 604.01 Type R Inlet - Remove and Replace Each 0 $ 3,167.14 $ - 604.02 Reconstruct Inlet Deck - Catch Basin Each 6 $ 1,055.71 $ 6,334.26 Reconstruct Inlet Deck - Catch Basin 604.03 Additional Foot Opening L.F. 0 $ 158.36 $ - 604.04 Reconstruct Curb Inlet Deck - 4' Opening Each 1 $ 1,129.61 $ 1,129,61 604.05 Reconstruct Curb Inlet Deck - Additional Foot L.F. 0 $ 179.47 $ - Opening 604.06 Type 13 - Curb Inlet with Frame, Grate and Each 0 $ 1,741.93 $ Adjustable Curb Bonnet - 604.07 Concrete Sidewalk Culvert - Each 0 $ 1,266.86 $ - 604.08 Metal Sidewalk Culvert - 518" Plate Each 2 $ 1,583.57 $ 3,167.14 604.09 Additional Square Foot 5/8" Plate' S.F. 0 $ 147.80 $ - 608.01 Remove Concrete S.F. 75 $ 1.58 $ 118.50 608.02 Remove and Haul Fillets Each 2 $ 52.79 $ 105.58 608.03 Apron - Remove and Replace S.F. 5625 $ 7.02 $ 39,487.50 608.04 Crosspan - Remove and Replace S.F. 7200 $ 7.02 $ 0,544.00 608.05 Driveover Curb, Gutter & 4" Sidewalk - L.F. 1550 $ 36.48 $ 6,544.00 Remove and Replace 608.06 Driveover Curb, Gutter and 6" Sidewalk - L.F. 1225 $ 39.24 $ 8,069.00 Remove and R lace 608.07 Driveover Curb and Gutter - No Sidewalk - 0 22.52 Remove and Replace L.F. $ $ - 608.08 Driveover Curb, Gutter & Drive Approach - L.F. 375 $ 39.29 $ 4,733.75 Remove and R lace Vertical Curb, Gutter & 4" Sidewalk - Remove 608.09 and Replace L.F. 400 $ 41.26 $ 16,504.00 Vertical Curb, Gutter & 6" Sidewalk - Remove 608.10 and Replace L.F. 225 $ 43.66 $ 9,823.50 608.11 Vertical Curb and Gutter - No Sidewalk - L.F. 1950 26.47 $ 1,616.50 Remove and Replace $ 608.12 Vertical Curb, Gutter and Drive Approach - L.F. 525 $ 41.40 $ 1,735.00 Remove and R lace 608A3 Vertical Curb, Gutter and Drive Approach - No L.F. 15 $ 25.94 $ 389.10 Sidewalk - Remove and Replace 608,14 Vertical Outfall Curb and Gutter- Remove and L.F. 475 $ 23.69 $ 1,252.75 Re lace 608.15 Barrier Curb12" L.F. 0 $ 18.67 $ - 608.16 Hollywood Curb, Gutter & 4" Sidewalk - L.F. 6500 $ 33.96 $ 2 0,740.00 Remove and R lace Hollywood Curb, Gutter & 6" Sidewalk - 608.17 L.F. 2360 $ 35.70 l 4,252.00 Remove and Replace Hollywood Curb and Gutter - No Sidewalk - 608.18 L.F. 0 $ 22.58 $ - Remove and Replace Hollywood Curb, Gutter & Drive Approach - 608.19 Remove and R lace L.F. ] 800 $ 35.70 $ ,260.00 608.20 Highback Curb & Gutter - No Sidewalk- L.F. 3650 $ 34.65 $ E 5,472.50 Remove and Replace 608.21 Highback Curb, Gutter and Drive Approach - L.F. 306 $ 41.55 $ 1 Z,714.30 Remove and Replace 609.22 Pedestrian Access Ramp, Driveover Curb L.F. 400 $ 46.87 $ 13,749.00 Remove and R lace 608.23 Pedestrian Access Ramp, Vertical Curb - L.F. 248 $ 43.17 $ 1),706.16 Remove and R lace Page 1 of 2 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and r collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becornes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparatiollor use. Furnish the required samples without charge and give sufficient notice of the placing of orders to p it the testing. Products may be sampled either prior to shipment or after being received at the site of the, C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as oth rwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (AST ). D. Where additional or specified information concerning testing methods, sample sizes, etc., i required, such information is included under the applicable sections of the Specifications. Any modification of, r elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests 3. All minimum call out charges or stand by time charges from the tester due to the Cc pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that 1 A CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection of Work, including that of his subcontractors, to ensure conformance to the functional perforrr This control shall be established for all construction except where the Contract Documents compliance tests by testing laboratories or engineers employed by the Owner. The Contractor0s specifically include all testing required by the various sections of these Specifications. General Requirements - Page I 1 of 17 by Owner. be responsible rider 1.2 above. failure to pave, require testing. tests of all items e of this project. ,ide for specific trol system shall B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and Work. The Superintendent shall have adequate experience to perform the duties of Sul C. Contractor's quality control system is the means by which he assures himself that his construction requirements of the Contract Documents. Controls shall be adequate to cover all construction ope be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests perfon received from the Engineer and actions taken as a result of those instructions. These records shall that the required inspections or tests have been performed (including type and number of inspecti( of defects, causes for rejection, etc.) proposed or directed remedial action, and correctiveaction t inspections and tests as required by each section of the Specifications. Provide copies to Engin< END OF SECTION General Requirements - Page 12 of 17 all facets of the ies with the and should 1, instructions lude evidence or test, nature m. Document weekly. SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others pe furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 work or SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being perfc areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal of 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to preve banks and beds of watercourses or drainage swales where runoff will be increased due activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 in populated operated in a be kept moist substances site. activities. the erosion of construction I erosion. 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (b Fort Collins "Work Area Traffic Control Handbook," and the current "Latimer County Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, These pavements may include, but are not limited to, recently constructed pavements, recently oN and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 o), the City of Area Street criteria shall heavy loads. I pavements, SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the ti begun. This will include providing labor, equipment and materials for cleaning, repairing and rt damaged or soiled during construction. The Engineer will be the judge of the degree of restorat 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marl drawings which accurately indicate all approved variations in the completed work that differ information shown on the drawings. Further, these drawings should reflect all underground obsta B. These record drawings along with any survey records, photographs and written descriptions of sai required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 the work was cing facilities required. up set of the n the design encountered. work as may be SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to b a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specific pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all cc therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the furnishing all materials, equipment and tools; and performing all labor and supervision to fully cc C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used onl) estimating the probable cost of the Work and for the purpose of comparing the bids submitted to basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on difference between the amount of Work actually performed and materials actually furnished ar amount therefor. END OF SECTION General Requirements -Page 17 of 17 the project to set forth as a in connection including the Work. a basis for Work. The Int of any estimated SECTION 03500 PROJECT MAPS South College Heights Collindale Fox Creek Hampshire Pond Raintree The Gates Four Seasons Lemay Sycamore & Elm Olive Street West Laurel Street Washington Avenue Fairview City of Fort Collins 2006 Street Maintenance grocgram AVE O C51 01 E5 C South College Heights Slurry/Rehab m ti Try TRL DR N N U1 w w QUEENS CT Q O Q RD O� E z J Z Q J z E MONROE DR qTN5FIELD R GREEN GABLES CT O UC W ti O1 ne r..,.,._ _ AYC7' _ - - z N(n E vN K / OR5ETOOTti RD BENT TREE PT NOG DRIFTWOO DR o y w z m STA > W F C RS5'92p E R Q _ = w °C z w z C J � Z N,y :JD pR DR WATERFORD LN nomwm lww (DALE DR PJ Colhndale Murry/Rehab City of Fort Collins 2006 Street Maintenance Program cgs qa/e o c 00W Sanda wJ W of eld Gt. Ct. N o c c x c 5unde n Mirrorme Cirri Mona C. t, C ots e _ � �¢ Dr. U � °� Dr. c P Merino Ct. o/d Ct, _ Ct. Rd, tuart 5t. _ Gt. cbgf, Shed °� d N 1 ° Rolla an Ct. gelg an Ct a r. o Rq' Gti. �i Oc • �i Esser Dr. ��a� N % EJO Me Ct. G� \ ��J O to 4 crey p Ct W,nd5 r Ct. -c ODClydesd a\e� c �a Gti. O Oc � _ 9 Ma n ;� � N e n n Or -5 CO o s4�� Scarborough Dr, rth Gacd r,o' s m y L n w3 O r. p Ct Valle For e Ave. > Germantown Ct. Even r r G "U 15 c T W c p Ot a am 7 Fo< 4= Concord j, 2 E t y c aq u o s Dr. U Raintree /I, crc , e rass Dr ° Cf L�cZ- in u) 5a• n Av Q0 Rehab v y Ha Yor t°� hoc, U@ U Ct• > o W. Drake Rd. W r b un Ct. St. a r o in�� Haven r. o ea° 3 R O 3 a Glen Ct. 9 i p E Rose Ln. E rm Hastin s Dr. Gti• Mc ox or. `� m o � N s 3 U e ag Marshwood Dr. Fremont O Dr. t D 0 r TUckerG� Hampshire Pond E c D U z c Hull St. Ct' p N oCD U z Rocky m � onwheel Mountai Slurry F` U fi ch Ave. then Fox Run c � U p � @5lurry u �Ct. H line Dr. to 0 a-�j `L1Gnni5on ¢]CJ N Ln, Dr. 5t'O W. Swallow Rd. o U N U Dora C 5t. C O N J Moffett Dr. Stoff n ham St. Sioux Blvd. U c G Q 0 (nNez Perce 7 U 5 Ottawa , to Wa Ln. D on h,r ir O Ct. o J M° Primrose Cheshire Ct i ° uc 5t. 3 der tme t �a E 00330 BIDSCHEDULE City of Fort Collins Concrete Project - Phase It Bid No. 5847 - 2006 RENEWAL Item No. Description Unit Contract Quantity - 2006 Estimated ost Unit Cost 170tal 608.24 Pedestrian Access Ramp, Hollywood Curb - Remove and R lace L.F. 750 $ 41.41 $ 31,057.50 608.25 Pedestrian Access Ramp, Highback Curb - Remove and Replace S.F. 2050 $ 9.73 $ 19,946.50 608.26 Truncated Dome Panel S.F. 961 $ 39.91 $ 38,353.51 608.27 4" Flatwork - Remove & Replace S.F. 7810 $ 5.19 $ 40,533.90 608.28 Colored Concrete (4") San Diege Buff- UpCharge S.F. 0 $ 0.80 $ - 608.29 6" Flatwork - Remove & Replace S.F. 8835 $ 6.00 $ 53,010.00 608.30 Replace Flatwork - V Additional Depth S.F. 4000 $ 0.66 $ 2,640.00 608.31 4' Valley Pan - 6" Depth S.F. 1775 $ 10.78 $ 19,134.50 608.32 8" Alley Pavement - Remove & Replace S.F. 3675 $ 7.75 $ 28,481.25 608.33 Reg back Alley Approach 8" - Remove & Llace.F. 550 $ 53.89 $ 29,639.50 608.34 Expansion & Caulking LF. 1421 $ 4.23 $ 6,010.83 608.35 4" Splashblock S.F. 0 $ 5.95 $ - 608.36 Exposed Aggregate S.F. 0 $ 9.07 $ - 614.01 "No Parking" Sign With Stand Per Day Per Each 1875 $ 1.88 $ 3,525.00 614.D2 Vertical Panel Without Light Per Day Per Each 4750 $ 0.64 $ 3,040.00 614.03 Channelizing Barrels Per Day Per Each 1810 $ 0.77 $ 1,393.70 614.04 Type I Barricade Without Light Per Day Per Each 27275 $ 0.64 $ 17,456.00 614.05 Type H Barricade Without Light Per Day Per Each 25 $ 0.66 $ 1 16.50 614.06 Type III Barricade Without Light Per Day Per Each 1225 $ 3.78 $ 4,630.50 614.07 Size A Sign With Stand Per Day Per Each 4395 $ 1.36 $ 1 5,977.20 614.08 Size B Sign With Stand Per Day Per Each 1440 $ 1.57 $ 2,260.80 614.09 Size A Specialty Sign - Cost of Manufacturing Each 5 $ 78.62 $ 393.10 614.10 Size B Specialty Sign - Cost of Manufacturing Each 5 $ 86.79 $ 433.95 614.11 Cone With Reflective Strip Per Day Per Each 9650 $ 0.64 $ 6,176.00 614.12 Safety Fence Per Day Per Roll 55 $ 4.59 $ 252.45 614.13 Light - Steady Bum Per Day Per Each 150 $ 0,34 $ 51.00 614.14 Light - Flashing Per Day Per Each 150 $ 0.34 $ 51.00 614.15 Advance Warning Flashing - or Sequencing Arrow Panel Per Day Per Each 50 $ 76.58 $ 3,829.00 614.16 Traffic Control Supervisor Per Day 186 $ 342.04 $ 3,619.44 614.17 lTraffic Control Supervisor Per Hour 100 $ 33.69 $ 3,369.00 614.18 Flagging Per Hour 3530 is 19.71 $ ,576.30 623,01 IlTrigation Sleeving 3" PVC LF 1 70 Is 3.57 $ 249.90 TOTAL COST $ 1,4 ,97637 One Million, Four Hundred Ninety One Thousand, Nine Hundred Seventy Six Dollars an Signed Company Vogel Concrete, Inc. Check One: Individual Doing Business in Company Name X Corporation Partnership Address Phone/Fax Page 2 of 2 City of fort Collins 2006 Street Maintenance 4ciram 0, Taft Hill Road Rehab 6 City of Fort Collins 2006 Street Maintenance rogram p,'fg a I �IVE ( RE jF CL O �R R BE CT DR F TLEAF �. GIN ;ON PL 4 PRAIRIE HILL Ln ~ ,V Pz y RUB D N NT CK IX L NAS U AY South Lemay Avenue b r� Rehab Q,Q J V W mC L cR � F N 3T N RE O SKY CT PTR( y ARPENTER RD tYl { - W - O py W Q Q F QZ U N ROAD 4 U a 3 Harmony Road Hot In Place m (n E COUNI U City of Fort CoIIin5 2006 Street Maintenance P ocgram N 7EIm5t. a N N Sycamore 4 Elm Elm St N Slurry o no N o N N5 t. �Ct v t m re St. U Z 12 V V V y I u 5t. > Q' N Cherry St. cilt U) O J Z St. Ma le o � " E o s N N N a1 N umb�ne ° 3 Ma e 5t. z z z o o v o t l i a o c �2 Ct. o o u a Jvm er C 2 t. Do> Ct. o @ m Leland Ave La orte Ave. r N = g U N t Bun aloes N rd ° > c v - @ >,�,�Tn E z bldZo-� u N z W. Mo A YF live '�W. Mountain Ave. > b 6 W. Oak St W. St F 0 A i K o AV, N T W. Olive 5t W OI ve St. P odf \C v rd @ '�vo/ NW, Ma olia 5t C V Q > N 3 N W Mulber St. ° 3 W. Mulle = St. OL E o Dale Ct. reside 5u set o ° ui U ve. o W. M le St. Ave. yy s q _v t o U o Mantz of , W. M le St. Washington Laurel _ O N v `w 0 PI. "� ar more 3 e tmor PI, ci d Rehab Birch S' Birch St. v St. Y c• mo _ p n- a N B v YN o Old u W. Plum St. u " N v N m - North Dr. v Main pN m K Dr. j i U j Q V NQ v Isotop Dr t N V O Elizabeth St. N V U N N @ Univer5ty Ave. 3 Fairview Univer5ity Ave. 5{urry a' South Dr. W n Westward Dr. ' c � 5t. 9 u Ediso PCt o kewood o v (aPit W. kin St Dr. Dr. Dr. pVN L o U ud' Jam Bes Ct. v B o Bennett Rd.tj c 3 ° c . lake 5t. Summer St. 13levin5 Q, o a St. a � Pros ect W Prospect Rd. W. Prospect Rd. Ct Ha mId, Daemian S u 3 (.i r�etS Pl. V °; i SECTION 025M QUANTITY ESTIMATE Page 1 of 15 SECTION 02500 QUANTITY ESTIMATE tsa for SL -rulane Dr. Stanford Rd. 6.88 0.00 1 0.00 0.00 0.00 1 0.00 266.51 0.W Brown Ave. Stanford Road Stover St. 3.09 0.00 0.00 0.00 0.00 0.00 0.00 OM Columbia Rd CDS Columbia Rd S End 3.29 0.00 0.00 0.00 0.00 0.00 340.09 432.00 Cornell Ave. Stanford Rd. Stover St. 5.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dartmouth Cir. N End Datmmouth Trl. 0.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dartmouth Trl. Mathews St. Stover St. 8.33 0.W 0.00 0.00 0.00 0.00 0,00 0.W Duke Ln. Columbia Rd. Stover St. 5.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Harvard St. S. College Ave. E. Drake Rd. 8.57 0.00 0.00 0.00 0.00 0.00 54.27 169.00 Loyola Ave. Rutgers Ave. Columbia Rd, 3.78 0.00 0.00 0.00 0.00 0.00 80.00 300.00 Mathews St. Dartmouth Trl. E. Drake Rd. 25.53 0.00 0.00 0.00 0.00 0.00 0.00 109.00 Princeton Rd. S. College Ave. Stover St. 11.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Purdue Cit. W. End Purdue Rd. 2.94 0.00 0.00 0.00 0.00 0.00 139.49 228.00 Purdue Rd. Dartmouth Trl. Tulane Dr. 9.92 0.00 0.00 0.00 0.00 0.00 290.02 456.00 Rutgers Ave. S. College Ave. Mathews St, 5.02 0.00 0.00 0.00 0.00 0.00 45.00 132.00 Stanford Rd. Dartmouth TH. E. Drake Rd. 13.57 0.00 0.00 0.00 0.00 0.00 637.32 690.00 SE College Frontage Rd. North of Rutgers Ave. Princeton Rd. 8.76 0.W O.DO 0.00 0.00 0.00 0.00 276.00 Tulane Dr. t. E. Drake Rd. 10,79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vassar Ave. Columbia Rd. 3.46 0.00 0.00 0.00 0.00 0.00 9.00 24.00 Villanova Ct. hRAve Duke Ln. 3.33 1.00 0.00 0000.00 0.00 0.00 0.00 Yale Ave. Rd.Harvard St. 16,80 0.00 0.00 0000.00 0.00 0.00 0.00Yale W e. Purdue Rd. 3.63 0.00 0.00 0.00 0.00 0.00 267A7 452.00 Benthaven Ct. Bernhaven St. S End 0.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Behthaven St. Moss Creek Dr. Marble Dr. 5.75 0.00 0.00 1.00 0.00 0.00 0.00 66.00 Fox Run Cf. W End E End 0.85 0.00 1 OAO 0.00 0.00 1 0,00 0.00 0.00 Kit Pl. N End McKcag Dr. 0.12 0.00 0.00 0.00 - 0.00 0.00 n An McK6ag Cf. E End Moore Ln. n Al.00 0.00 0.00 0.00 Dore Durtnir Cf. 0.57 0.00 0.00 0.00 0.00 0.00 0.00 MO.00 Moore La. W. Drake Rd. S. End 1.23 0.00 0.00 0.00 0.00 0.00 30.00 Tucker Cf. Moore Ln. W End 2.11 0.00 0.00 0.00 0.00 0.00 0.00 Twin Fox Dr F Fnd Monre Ln. 1.64 0.00 0.00 0.00 0.00 0.00 0.00 Page 2 of 15 SECTION 02500 QUANTrrY ESTIMATE Page 3 of 15 SECTION 00500 AGREEMENT FORMS 00520 Agreement 00530 Notice to Proceed SEMON 02500 QUANTITY ME"ATE Page 4 of 15 SECTION 02500 QUAN rrY ESTIMATE 0.00 0.00 Trl, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Harvard St. S. Colle a Ave. E. Drake Rd. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Loyola Ave. Rutgers Ave. Columbia Rd. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mathews St. Dartmouth Trl. E. Drake Rd. 0.00 0.00 0.00 0.00 0.00 0.00 0.W 0.00 Princeton Rd. S. College Ave. Stover St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Purdue Cir, W. End Purdue Rd. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Purdue Rd. Dartmouth Trl. Tulanc Dr. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Rutgers Ave. S. Colic a Ave. Mathews St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Stanford Rd. Dartmouth Trl. E. Drake Rd. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SE Colle a Frontage Rd. North of Rutgers Ave. Princeton Rd. 0.00 0.00 0.00 0.00 0.00 0.00 6.00 0.00 Tulane pr. Stover St. E. Drake Rd. 1 0.00 1 0.00 0.00 1 0.00 1 0.00 0.00 1 0.00 1 0.00 Vassar Ave. IRutgen Ave. Columbia Rd. 1 0.00 1 0.00 0.00 1 0.00 1 0.00 0.00 10.00 1 0.00 Villanova Ct. IN End IDuke Ln. 1 0.00 1 0.00 1 0.00 I 0.00 1 0.00 1 0.00 1 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O22 0.00 0.00 0.00 Page 5of 15 SECTION 02500 QUANTITY ESTIMATE Page ®f 15 SECTION 02500 QUANT►TY ESTIMATE Page bf 15 SECIION 02500 QUANTITY ESTIMATE Rd. Columbia Rd CDS Columbia Rd S End 0.00 13.00 94.00 13.00 0.00 1 0.00 0.00 0.00 Correll Ave. Stanford Rd. Stover St. 0.00 155.00 32.00 0.00 0.00 0.00 0.00 0.00 Damnouth Cit. N End Darthmouth Td. 0.00 16.00 13.00 0.00 0.00 0.00 0.00 0.00 Dartmouth TH. Mathews St. Stover St. 0.00 243.00 57.00 11.00 0.00 0.00 0.00 0,00 Duke Ln. Columbia Rd. Stover St. 0.00 154.00 62.00 5.00 0.00 0.00 0.00 0.00 Harvard St. S. College Ave. E. Drake Rd. 0.00 210.00 80.00 30.00 0.00 0.00 0.00 0.00 Loyola Ave. Rutgers Ave. Columbia Rd 0.00 10.00 25.00 0.00 0.00 0.00 . 0.00 0.00 Mathews St. Dartmouth Trl. E. Drake Rd. 0.00 549.00 198.00 215.00 0.00 0.00 0.00 0.00 Princeton Rd. S. College Ave. Stover St, 0.00 270.00 95.00 52.00 0.00 0.00 0.00 0.00 Purdue Cit. W. End Purdue Rd. 0.00 54.00 53.00 0.00 0.00 0.00 0.00 0.00 Purdue Rd. Dartmouth Trl. Tulane Dr. 0.00 186.00 147.00 38.00 0.00 0.00 0.00 0.00 Rutgers Ave. S. College Ave. Mathews St. 0.00 90.00 74.00 21.00 0.00 0.00 0.00 0.00 Stanford Rd. Dartmouth Trl. E. Drake Rd. 0.00 285.00 189.00 35.00 0.00 0.00 0.00 0.00 SE College Frontage Rd. North of Rutgers Ave. Princeton Rd. 0.00 253.00 38.00 30.00 0.00 0.00 0.00 0.00 Tulane Dr. Stover St. E. Drake Rd. 0.00 277.00 76.00 51.00 0.00 0.00 0.00 0.00 Vassar Ave. Rutgers Ave. Columbia Rd. 0.00 58.00 37.00 31.00 0.00 0.00 0.00 0.00 Villanova Ct. IN End Duke Ln. 0.00 73.00 48.00 0.00 0.00 0.00 0.00 0.00 Yale Ave. lFroutage Rd. I Harvard St. 1 0.00 1 438.00 1 66.00 1 129.00 1 0.00 1 0.00 1 0.00 0.00 Yale Wy. IYale Ave. Purdue Rd. 1 0.00 76.00 57.00 0.00 1 0.00 1 0.00 0.00 0.00 Benthaven Ct Benthav-mSt IS End 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 6.00 0.00 Benthaven St IMoss Creek DrIMarble Dr. 1 0.00 1 0.90 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 0.00 Marble Dr. Fox Run Ct. Moss Creek Dr. Benthaven St. W End E End 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Kit PL NEnd McKea Dr. 0.00 0.00 n Moore Ln. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 McKeag Dr, Moore Ln. Dumur Ct. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Moore Ln. IW. Drake Rd. S. End 0.00 0.00 0.00 0.00 0.00 0.00 7.50 0.00 Tucker Ct. IMoore Ln. W End 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Twin Fox Dr. IE End Moore Ln. 1 0.00 1 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 Page W 15 SECPION 02500 QUANTITY ESTIMATE Page W15 SECTION 02500 QUANTITY ESTIMATE Page 10 of 15 SECTION 02500 QUANTITY ESTIMATE 0.00 U01=01a Rd cus Columbia Rd S End 32.00 0.00 16.00 0.00 0.00 0.00 0.00 0.00 Cornell Ave. Stanford Rd. Stover St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dartmouth Cir. N End Darthmouth Trl. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dartmouth Trl- Mathews St. Stover St. 0.00 0.00 0.00 0.DO 0.00 0.00 0.00 0.00 Duke Ln. Columbia Rd. Stover St. 32.00 0.00 16.00 0.00 0.00 0.00 0.00 0.00 Harvard St. S. College Ave. E. Drake Rd. 24.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 Loyola Ave. Rutgers Ave. Columbia Rd. 5.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 Mathews St. Dartmouth Trl. E. Drake Rd. 35.00 0.00 16.00 45.00 30.00 0.00 88.00 0.00 Princeton Rd. S. College Ave. Stover St. 16.00 0.00 16.00 0.00 0.00 0.00 33.00 0.00 SE College Fronts a Rd. INorth of Rutgers Ave. IPrincetort Rd. 1 0.00 1 0.00 1 0.00 1 0,00 124.00 1 0.00 1 0.00 1 0.00 Tulane Dr. Stover St. E. Drake Rd. 16.00 1 0.00 1 8.00 1 0,00 16.00 1 0.00 1 0.00 1 0.00 Vassar Ave. Rut ers Avg. Columbia Rd. 0.00 1 0.00 1 0.00 1 0.00 0.00 1 0.00 1 0.00 1 0.00 Villanova Ct. N End Duke Ln. 32.00 1 0.00 1 16.00 1 0.00 O.00 0.00 0.00 0.00 Yale Ave. Fronts a Rd. Harvard St, 16.00 1 0.00 1 8.00 1 0,00 613.00 0.W 0.00 0.00 Yale W Yale Ave. Purdue Rd. 64.00 1 0.00 1 32.00 1 0.00 75.00 1 0.00 Om 0.00 Benthaven Ct. Bentbaven St. S End 0.00 1 0.00 0.00 0,00 0.00 1 0.00 0.00 0.00 Kit Pl. IN End IMcKcag Dr. 1 0.00 1 0.00 1 0.00 1 0,00 1 0.00 0.00 McKeag Ct. E End Moore Ln. u.uu 0.00 0.00 0.00 0.00 0.00 M-w-M-a. Durmir Ct. 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Moore Ln. W. Drake Rd. S. End 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Tucker Ct. Moore Ln. W End 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Twin Fox Dr. F. End k4mre Ln 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 11 of 15 SECTION 02500 QUANTITY ESTIMATE Page 12 of 15 SECTION 02500 QUANTITY ESTAIATE Page 13 of 15 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 21th day of February in thel year of 2006 and shall be effective on the date this AGREEMENT is signed by thi City. The City of Fort Collins (hereinafter called OWNER) Vogel Concrete, Inc. (hereinafter called CONTRI OWNER and CONTRACTOR, in consideration of the mutual covenant hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK 1.1 Renewal. This Agreement is a renewal of the Agree ent entered into between the parties on the 15th day of April, 2004, entitled S ecifications and contract Documents for Concrete Project Phase II, Bid No. 58 7, City of Fort Collins (hereinafter called The 2004 CONTRACT) and all port ons of the 2004 contract incorporated into this Agreement by reference here n shall be read and interpreted as if the same were attached hereto. This w rk shall consist of the removals and/or installation of concrete curbs, gut ers, sidewalks, crosspans, aprons, drive approaches, inlets, and pedestrian ccess ramps and placement of temporary asphalt patching adjacent to hew concr to on designated streets in the City of Fort Collins. Related traffic control is also included. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until April 14, 2007; unless sooner terminated as provided by the Contract Documents. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assi ned 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 1 0 working days after the date when the Contract Times commence to run as rovided in the General Conditions and completed and ready for Final Payment a d Acceptance in accordance with the General Conditions within 160 working day after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer finan ial loss if the Work is not completed within the times specified in paragraph 1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties in Lved in proving 9/12/01 Section 00520IPage 1 SECTION 02500 QUANTITY ESTIMATE Baylor St. Tulane Dr. ' Stanford Rd. 0.00 36.00 Brown Ave. Stanford Road Stover St. 0.00 0.00 Columbia Rd CDS Columbia Rd S End 0.00 18.00 Cornell Ave. Stanford Rd: Stover St. 0,00 9.00 Dartmouth Cir. N End Darthmouth Trl. 0,00 9.00 Dartmouth Trl. Mathews St. Stover St 0.00 9.00 Duke Ln. Columbia Rd. Stover St. 0.00 22.50 Harvard St. S. College Ave. E. Drake Rd. 0.00 14.50 Loyola Ave. Rutgers Ave. Columbia Rd. 0.00 0.00 Mathews St. Dartmouth Trl. E. Drake Rd. 0.00 29.50 Princeton Rd. S. College Ave, Stover St. 0.00 34.50 Purdue Cir. W. End Purdue Rd. 0,00 18.00 Purdue Rd. Dartmouth Trl. Tulane Dr. 0.00 45.00 Rutgers Ave. S. College Ave. Mathews St 0.00 14.00 Stanford Rd. Dartmouth Trl. E. Drake Rd. 0.00 96.00 SE College Frontage Rd. North of Rutgers Ave, Princeton Rd. 0.00 0.00 Tulane Dr. Stover St. IE. Drake Rd- 1 0,00 15.50 Vassar Ave. IRutgers Ave. Columbia PA 0100 0.00 Villanova Ct. IN End jDuke Ln. 1 0,00 27.00 Yale Ave. IFrontage Rd. lHamird St. 1 0,00 1 25.50 Yale W iYale Ave. jPurdueRd. I 0,00 44.50 Rmthavm r.t IFtmtharven St. IS End 1 0.00 1 6.50 140 Page 14 of 15 SECTION 02500 QUANTITY ESTIMATE Page 15)f 15 SECTION 00530 NOTICE TO PROCEED Description of Work: CONCRETE PROJECT PHASE II; BID NO. 5847 To: Vogel Concrete Inc. This notice is to advise you: That the contract covering the above described Work has been f the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, authorized and directed to proceed within ( ) ca receipt of this notice as required by the Agreement. Dated this day of , 20` The dates for Substantial Completion and Final Acceptance she and , 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby a day of , 20 CONTRACTOR: Vogel Concrete Inc. By: Title: lly executed by IBond have been are hereby : days from be , 7/96 Section 0053� Page 1 this 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) 00660Consent of Surety 00670Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), the "Principal" Bond No. (a Partnership), (a Corporation), hereinaftjer referred to as and I (Firm) (Address) hereinafter referred to of Fort Collins, 300 Lal as "the Surety", )orte Ave, Fort Corporation) hereinafter referred to as the "OWNER", in in the United States, for the payment of which sum well and tr bind ourselves, successors and assigns, jointly and severall presents. are held and fi7 Collins, Colorado THE CONDITIONS OF THIS OBLIGATION are such that whereas into a certain Agreement with the OWNER, dated the 20_, a copy of which is hereto attached and made a performance of The City of Fort CONCRETE PROJECT PHASE II; BID NO. 5847. bound unto City 1522 a (Municipal he penal sum of Lawful money of Ly to be made, we , firmly by these the rincipal day of par hereof Col ins entered for the project, NOW, THEREFORE, if the Principal shall well, truly and faith ully perform its duties, all the undertakings, covenants, terms, conditions nd agreements of said Agreement during the original term thereof, and any e tensions thereof which may be granted by the OWNER, with or without Notice t the Surety and during the life of the guaranty period, and if the Principal hall 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 d fault then this obligation shall be void; otherwise to remain in full force an effect. 7j96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, ereby stipulates and agrees that no change, extension of time, alteration o addition to the terms of the Agreement or to the Work to be performed t ereunder 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 cha ge, extension of time, alteration or addition to the terms of the Agreement r to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the I- OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereun er, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be author Ized to transact business in the State of Colorado and be acceptable to the OWN R. IN WITNESS WHEREOF, this instrument is executed in three ( ) counterparts, each one of which shall be deemed an original, this day of , 2 0` IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) NOTE: Principal (Title) (Address) Other Partners By: By: Surety By: By: (Address) Date of Bond must not be prior to date of If CONTRACTOR is Partnership, all F execute Bond. ement. ors should 7/96 Section o061I0 Page 2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a the "Principal" and (Firm) (Address) Bond No. Partnership), (a Corporation), hereinafter referred to as hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, C lorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNS ", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to e made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the P incipal 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, CONCRETE P OJECT PHASE II; BID NO. 5847. NOW, THEREFORE, if the Principal shall make payment to all subcontractors, and corporations furnishing materials for or in the prosecution of the Work provided for in such Agr authorized extension or modification thereof, including all materials, lubricants, repairs on machinery, equipment and t rented or used in connection with the construction of such insurance premiums on said Work, and for all labor, perform( whether by subcontractor or otherwise, then this obligation otherwise to remain in full force and effect. persons, firms, )erforming labor eement and any amounts due for ools, consumed, Work, and all �d in such Work shall be void; 7/96 Section 00E15 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, ereby 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 t ereunder or the Specifications accompanying the same shall in any way affe t its obligation on this bond; and it does hereby waive notice of any such cha ge, extension of time, alteration or addition to the terms of the Agreement o 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 hereun er, 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 OWN R. IN WITNESS WHEREOF, this instrument is executed in three ( ) counterparts, each one of which shall be deemed an original, this day o , 20 IN PRESENCE OF: Principal By: (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety By. By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of greement. If CONTRACTOR is Partnership, all pa tners should execute Bond. 7/96 Section 0064 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate 7/96 f' Section Insurance. 0630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: CONCRETE PROJECT PHASE II; BI NO. 5847 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colo ado INCLUDE: OWNER: City of Fort Collin CONTRACTOR: Vogel Concrete Inc. 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 a pended 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 11 the Work in accordance with the Contract Documents. r ENGINEER AUTHORIZED REPRESEN TIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list ithin the time indicated. CONTRACTOR By AUTHORIZED REPRESENT TIVE DATE The OWNER accepts the project or specified area of the project s substan- tially complete and will assume full possession of the projec or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Cont act Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENT TIVE DATE REMARKS: 7/96 Section 00 35 Page 1 in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any s ch proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the One Hundred Thirty (.30) working day period for Substantial Completion of the Work unt it the Work is Substantially Complete. 2) Final Acceptance: After Substantial each calendar day (30) working day Work is ready for ARTICLE 4. CONTRACT PRICE Completion, Five Hundred Dolla or fraction thereof that expires period for Final Payment and Acc Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR for performance o accordance with the Contract Documents in current func ($1,491,976.37), One Million Four Hundred Ninety Or Hundred Seventy Six Dollars and Thirty Seven cents, in accordai 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in Article 14 of the General Conditions. Applications for processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress paym of the Contract Price on the basis of CONTRACTOR's Application recommended by ENGINEER, once each month during constructi below. All progress payments will be on the basis of the progr measured by the schedule of values established in paragraph 2.6 Conditions and in the case of Unit Price Work based on the i completed, and in accordance with the General Requirements Price Work. ($500.00) for fter the thirty =ance until the 5.1.1. Prior to Substantial Completion, progress payments amount equal to the percentage indicated below, but, in each aggregate of payments previously made and less such amounts as determine, or OWNER may withhold, in accordance with paragrap General Conditions. 90% of the value of Work completed until been 50o completed as determined by ENGINEER, when the retainag the Contract Price, and if the character and progress of the i satisfactory to OWNER and ENGINEER, OWNER on recommendation of determine that as long as the character and progress of th satisfactory to them, there will be no additional retainage on a completed in which case the remaining progress payments prior Completion will be in an amount equal to 1000 of the Work comp materials and equipment not incorporated in the Work (but deliv the Work in as follows: e with Section ,dance with nt will be nts on account for Payment as n as provided ss of the Work of the General amber of units :>ncerning Unit will be in the :ase, less the ENGINEER shall `i 14.7 of the the Work has equals 5% of cork have been ENGINEER, may Work remain ccount of Work o Substantial eted. 90% of red, suitably 9/12/01 Section 00520 Page 2 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Vogel Concrete Inc. Gentlemen: You are hereby notified that on the _ day of 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, CONCRE E PROJECT PHASE II; BID NO. 5847. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Co tract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 006�0 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: CONCRETE PROJECT PHASE II; BID NO. 5847 1. The CONTRACTOR acknowledges having received payment, e from the OWNER for all work, labor, skill and mate delivered and performed by the CONTRACTOR for the OWNER i the construction, design, improvement, alteration, addit: the above described project. xcept retainage rial furnished, r for anyone in on or repair of 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are here y acknowledged, the CONTRACTOR voluntarily waives all rights, claims and iens, including but not limited to, mechanic's liens, Miller Act claims 40 U.S.0 A. 270 a and b), stop notices, equitable liens and labor anc 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, desig , improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, Egainst any fund of or in the possession or control of the OWNER, againstl the project or against all land and the buildings on and appurtenant s to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materi ls, furnished, delivered or performed to or for the construction, desig , improvement, alteration, addition or repair of the project were furni hed, delivered or performed by the CONTRACTOR or its agents, employees, a d 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 a 1 existing or possible future mechanic's liens or rights or claims agai st the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employ es or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWN R, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns aris ng out of the 7/96 Section 006�0 Page 1 M project for all loss, damage and costs, including reas nable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the p oject set forth above constitutes and adequate description of th property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the be efit of and may be relied upon by the OWNER, the lender, if any, and Sur ty 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: 7/96 day of Notary Public Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Vogel Concrete Inc. PROJECT: CONCRETE PROJECT PHASE II; BID NO. 5847 CONTRACT DATE: In accordance with the provisions of the Contract between the CONTRACTOR as indicated above, for on bond of (Surety) he the Final Payment to the CONTRACTOR, and agrees that Final Pa CONTRACTOR shall not relieve the Surety Company of any of its the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its of , (Surety Company) By ATTACH 7/96 Power of Attorney and Certificate of Authority of Fact. Section 006 ER and the nt to the ligations to this day torney(s)-in- f0 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 01�p 72 (12no) DDEIdVOER CO 80E2PSAIRTMEMT OF REVENUE (303)2M2.2416 CONTRACTOR APPLICATION 6 FOR EXEMPTION CERTIFICATE PUffiL ltto8WLte Section 39-26.114(1xa)(XIX) DO NOT WRITE IN THIS The exemption ce tiflcae for whichyou are applying must be used on forthe materials for [he exempt project described below. This exemption does not include or purpose of purchasing construction and buildil supplies, and materials which are purchased, rented, or consumed by the contractor and which do otbecomeparpply to the Purchase or rttolfthestn highway, road, street, or Other public works owned and used by the exempt organization. Arty unauthorized use of the exemption certificate will result in revocation o fyour exemption certificate and other penalties pro by law. A separate certificate is requited 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. (Seereverseside). FAILURE TO ACCURATELYCOMPLETE ALL BOXES WILL CAUSE THEAPPLICATION TO BE DENIED. Otto va cmba assgTled by g9 - o. e ud 0170-750 (999) $0. 9a - Section 00670 Page 1 W Special Notice Contractors who have completed this application in the past, please note the following changes in prlocedure The Department will no longer issue individual Certificates of exam ption to subcontractors. Only pri a contrac- tors will receive a Contractors Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor invic ved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 8W has been assigned to you, please use the next five numbers following it for any appilce tions submitted for future projects. This should be your permanent number. For instance, if you were ass gned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be thq next in sequence as this may delay processing of your application. Section 00670 Page SECTION 00700 GENERAL CONDITIONS GENERAL CONDMONS OF THE CONSTRUMON CONTRACT These GENERAL COMMONS have been developed by using the STANDARD GENERAL COMMONS OF THE CONSTRUCTION CONTRACT prepared by the Brk&ws Joint Contract Dmunenw Comm ittec., BXDC No. 1910-$ (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. FJCDC GENERAL CONDITIONS 191 M (1990 FDTTJON) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TAB (T CONTFNTS OF CrFNFRAI, CONDMONS Article or Paragraph Page Article or Aregraph Page Number &Tit1c Number Nuniber &Title Number L DEFINITIONS ......... ..... .. 1 2. PULININARY MATTERS . . ........ .... . ... ...... 3 I'l Addenda .......... .............. _ _ _ J 2.1 Delivery of Bonds .... .. .. .. ...... 3 1.2 Agreement..........................................1 12 copies of rx-K'um0nt$._ ...... __'3 13 Application for Nyment• ... ..,-.•.....,-; ...1 21 Commencement of Contract 1A Asbcsm_ ..... __ ......... ....... Times, Notice to Piocced-1 -3 1.5 Bid_ ....... 2.4 Starting the Work . ... .. ....... ....... .. L6 Bidding Documonts.... J 25-2,7 before Starting Construction 1.7 Bidding Requirements-,._ ..... I CO NURACTOWsResponsi )'8 Bonds .............. ........ .............. to Report, Preliminary Sob es, 1.9 Change Or4u, ........ ____ ...... ..... . 1 Delivery of Certificates of 1.10 ContrasxDocumentt, ......... ........ I Insurance ..... .......... ____ __3-4 1.11 Contract Price ........ ................... ,"A 2.8 Precoiistructon Conference_ .. ...... _4 H2 Contract Times ........ ............. 1 19 Initially Azooptable Sehedul ..........4 1.13 CONTRACTOR ........... I 1.14 '*fee" . . . . . . . . . . - ) 3. CONTRACT D00,7MIRM: 1.15 Drawings.........__......... ....._.I _AJAENDNG, REUSE, _ , . ..... . 4 1.16 Rffective Date of the Agreement ........ _1 3.1-3.2 Intent_,_., ............ ....... ... .... .... 1.17 EXOMER ........................ .......... .... J 3.3 Reference to Standards and i- 1.18 LINGINMRs Comiultank .... __ ......... _j fications of Technical Socie s; 1.19 field Order., : ............................. ........ :1 Reporting and Resolving Di - 1.20 laaneral ReqWrernenti.........................2 creponcios . ... ............. ....... ___4-5 1,21 flazardous waste. . ...... -.- - - - ....... 2 3.4 Intent of Certain Tom a or 1.22a Laws and Regulations', Laws or Adjectives .. __ .................... ......... 5 Regulations -', ...... 3.3 Amending Con"a Doormen .........3 1 22.b Legal Holidays ................. ..... ............. �2 3,6 %pplementing.Contnict 1.23 Liens_ .... ...... ___ ... ... _ ........... .. Documents-- ... . ......... 5 1-24 Milestone................................._.......2 37 Rouse of Documcnts- ... --- .. ...... -5 1.25 Notice of Award.._............ ........... _......_........2 1.26 Notice to Proceed .................................2 4, AVAILABILITY OF LANDS L27 0W1qER­­'4-­1'-­11- --- "'1'­2 SUBSURFACE AND PHYSiCa CONDIT OM 1.2R Partial Util ization ................................2 REMRENCE, POINTS,,,...,-.___-................... -5 1.24 PCBs.................................................24.1 Availability of Lartd!k. _ _ _ ...... _J� 1.30 Petroleum-_-__._ ......... ------ ...... 2 4.2 Subsurface and Mysicol 1.31 Project,.....--....---..........-.- - .- ... -2 crmdifions... - ---- .... --- -116 131a Radioactive Matcriol ............................2 4.2.1 Reports and Drawinp ........... ---fi 1.32.b RegWar Working Hours_ . .......... ....... 2 42.2 Limited Reliance by MNTRA - L33 Resident Project Reprtsentativt 1) TOR Nuthnrirxd-, Technical 1.34 Samples....:........_.,.............__......,....2 Data ... ........ ............... -- - ... 6 1.35 Shop Drawings ............. .. .. .... . .... _2 423 Notice of Differing Subsurface 1.36 Spwificirtiomr..........................._........2 or Physical Conditions ....... .. .... -0 137 Subcontractor .............................. 4,14 ENGINFERs Review ........ ..... . ...... r5 1-39 %ubsrantaii Coaripletion_ 425 Possible Contract Documents 1.39 Supplementary Conditionk ..... ......... Change ....... .......... -, ... I .... 1 1-1.1 -6 1.40 SuPPliM'__'____ .... . ........ .... ... _ _.-.2 4.2.6 Possible Price and Times L41 Underground Facilities, ... . . _ _-3 Mjustratids,_ ..... ..... ... __ __0-7 1.42 Unit Price Work..................................3 4.3 Physical Conditions-Undcrgr( d 1.43 Work ...... ............. ....... Facilities .... _ ..... ...... ... 1. ..... 1. 1-7 1.44 Work Chan9p Directive .... __ 43.1 Shown or Indicated .......... 7 1.43 Written Atriandmank .............. ........ 4.3.2 Not Shown or Indicated.............-....? 4.4 Reference pointir__ w/ OTY OF PMT COLLM m v Article or Paragraph Number & Title 4,5 Asbestos, PC.Bs, Petroleum. Hazardous Waste or Radioactive Material ........ page Article or Paragraph Number Number & Title 5. BONDS ANVINSURANCH 9 51-5.2 Performance, Payment and Other Bonds 5.3 Licensed Sureties and Insurers, Certificates of lnsurarice 5.4 (.'O.\rj-RACT(,)Ks Liability Insurance..........................................9 5.5 OWNER!s Liability Insurance-, ............ 9 5,6 Property Insurance .........................'d40 5.7 Boiler and Machinery or Addi- tional Property Insurance. . . ............. 10 5.9 'Notice of Cancellation Provision— - 10 5.9 cONTRACTORs Responsibility for Deductible Amounts_...._ _10 5.10 Other Special Insurance .......... ...... ... 10 5.11 Waiver of Rights..........__..._....­1­1­11 5.12-5,13 Receipt and Application of Insurance Proceeds ............. ....... 10-11 5.14 Acceptance of Bonds and Tnqw- once; Option to Replace,........._.....,,;I I 5,15 Partial Utilization --Property, 6. CONTRAC-IFORS R83MNSIBUTfUS ...............11 6.1-62 Supervision and Superintlmdcno@. ...... 11 6.3-65 Labor, Materials andEcturipinen(_ 11-12 6.6 Progress Schedule ................ ... __ . 121 6.7 Substitutes and "Or -Equal' Items; CONTRACTOWs F\Jmse; Substitute Construction Methods or Procedures, ENGINVER!sHvithintion,_ ___12-13 6,84 11 Concerning Subcontractors. Suppliers and Others; Waiver of Rights._ ...... ......... .. _)3-14 612 Patent Fees and Royal ties...................14 6.13 Permits..._ .... .. .. ........... ... 14 6.14 Laws and Regal ations., j 4 6.15 Taxes 14-15 6A6 Use of prelaises. 15 6.17 Site Cleanliness 15 6.18 Safe Structural Loading.....................1S 6-19 Record Doctimenta... -15 6,20 Safety and Protection,,, _15,16 6,21 Safety Repcescatative ........ ..... .. ..... J6 6.22 Hon. d Communication Program.5_ 16 6.23 Emergencies ... ... .......... ___ __ _, 16 6,24 Shop Drawings and Samples ..............16 6.25 6.26 6,27 628 6.29 630 6.31-6.33 6,34 Submittal ;dur TRA 't 'Ti i� C to Shop Drawing Submittal ........... Shop Drawing & tars Review by EN Responsibility for From Contract Related Work Pert' to ENGINEER'S Re Approval of Requii Submittals, ......... Continuing the War CONTRACTOR's G Warranty and Guar Indemnification Survival of dblilzati page Number s; C N, Pr lot Sample 16 pit Submit. NERR__ 16-17 tims ent% .... ...... 17 ed Prior iew and _1 7 tee7 ...17.18 ..............18 7 OTHER WORK 7.1-7.3 Related Work at Site .. ..... . 8 7.4 Cocirdinatiort 18 8. OW?,WSRFSP0NSfflVTlES .... .................... J 8 SA Communications to N­ TRACTOR................................ 8.2 Replacement Or ENG BR-- .... _18 83 Furnish Data andPay ompuy When bus..._ .......... . ___ .......... IS 84 Lands and Easements; eports and Tests_,,.._..__... - _ ...... _18-19 8.5 Insurance- . .... - ......... .......... __ - _ 19 8.6 Change Orders............ .... ...... j 9 8.7 inspections, Tests and Approvals..................................19 8,8 Stop or SuVmd Work; Terminate CONTRA TOR's Services ...................... .......... 19 8.9 Limitations on 0 S ReTQaSibjlitjas. ..... .. , , _ "., Ik) 8,16 Asbestos, PCBs, Petrol in, Hazard" Waste Of Radioactive Material, 19 8,11 Evidence of Finm( Arrangements_ 9. E.WMEEFS STATUS DURINQ CONSTRUCTION ... .... .. ___ ,,, - .. .. ...... _19 9.t OAMM'K Representa tiv .... _ "v __19 9.2. Visits toSitc .... 19 93 projectRepresentative ... ............ 19�21 9A Clarifications and Int e- tations ....................................... . 21 9.5 1 Authorized Variations ii W*k__ ... 21 ErAr, CEWRAL C0W9r10'^' 910-8 (19" U0110N) V? CITV OF f0aT MLTINS W�=ATTONS (REV 919% stored and accompanied by documentation satisfactory to OWNE 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 ma e in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions ox as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptanc of the Work in accordance with paragraph 14.13 of the General Conditions, OWN R shall pay the remainder of the Contract Price as recommended by ENGINEER as rovided 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 natu e 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 studi d (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 Wo k as CONTRACTOR considers necessary for the performance or furnishing of t e Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents,. including s ecifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, st dies or similar information or data are or will be required by CONTRACTOR for s ch purposes. 6.4. CONTRACTOR has reviewed and checked all information or indicated on the Contract Documents with respect to exist Facilities at or contiguous to the site and assumes respons' accurate location of said Underground Facilities. No additiona investigations, explorations, tests, reports, studies or simi or data in respect of said Underground Facilities are or will CONTRACTOR in order to perform and furnish the Work at the within the Contract Times and in accordance with the of conditions of the Contract Documents, including specifically tl paragraph 4.3. of the General Conditions. and data shown _ng Underground bility for the 1 examinations, Lar information be required by ;ontract Price, her terms and ie provision of 9/12/01 Section 005201Page 3 Article or Paragraph Number & Title Page, Article or Paragraph Number Number & Title 9,6 Rejecting Defective Work._...... ..... 9,749 Shop Drawings, Change Orders and paym mits....................................21 9,10 Deterin instions for Unit Prim 21 .1.2 V 11.9,12 Decisions on Disputes; FNGI- NEER as Initial Interpreter._ `2 9.13 Limitations on INGINHERN Authority and Responsibilities.._. 22-23 CIIANQU3 IN THE 23 M I OWNER's Ordered Change ................23 14. 10.2 Claim for Adjustment_ .....................23 10.3 Work Not Required by Comrset Documents, ....................................23 10.4 Change Orders ....... ............ _ ......... _23 10.5 Notification of Surety... . ...... ... ....... _23 CHANGE OF CONTRACT PRICE , 11,141.3 Contract Ptica; Claim for Adjuster mr4 Value of the Work,_. _. . . .................... ... 23-24 11.4 Cost of the Work .......................... 24-25 11.5 Exclusions to Cost of the work.......... 25 11.6 CCWRACTCR's Fee .... .......... �5 11.7 Cw Records_ ................ ...... 25-26 11.8 Cash Allowances ............ .......... 26 11.9 Unit Price Work ....... _ ...... ............... 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment_.....__............26 12.2 Tim of the Essencq.. .......... 26 12.3 Delays Beyond CONTRACTOR's Control 12.4 Delays Beyond OWNERs and CONTRAC3`01ts Control................ Z7 TESTS AND INSPEL'TIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEMiCT.".,'WORK .. ..... 17 13.1 Notice of Deku_ .......... ........ _27 112 Access to the Work 133 Tests and lnspoaions; CONTRACTORs Cooperation ........ 13,E OWNEWs Responsibilities. Independent Testing Laboratory.,_,., 27 133 CONTRACTORs _27 13,&13,7 Covering Work Prior to Inspec- tion, Testing or Approval ................27 WORK 13,10 13,11 13.12 13.13 13,14 Uncovering, Work at ENGI- WEER's Request ...... OWNER May Stop the Work Correction or Removal of Defectrw Work Correction Period, . ............... Acceptance ofDocliw Worl OWNER May Correct Defecti Work............_.... . ..... PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule Of Values,_ ......... . 14.2 Application fix Progra Payment ........... 14.3 Warranty Title.... __ ........ .................. 14.4-14,7 Review of Applications for ProgreaspAy"IdNA............. 14.8-14.9 Substantial Completion.......,.. 14.10 Partial Utilization .................. 14JI Final Inspection ..................... 14.12 Final Application for Payment 14.13-14-14 Firm) Payment and 1wooplan* 14,15 Waiver of Claims ................... 15. SUSPENSION OF WORK AND TERMINATION ......................................... 15.1 OWNER IvUy Suspend Work,,, 15.2-15,4 OWNERWyTerminate... 153 CONTRACTOR May Stop Work or Terminzte� 16, DISPLYTF RESCILLMON ........................... IT MISCELLANEOUS .,,.... ... ....... 17.1 Giving Notice ........ 17.2 Computation of I ins Ck 173 Notice of Claim__ ................. 17A Cumulative 17.5 Professional Fees and Court Cons Included 17,6 Applicable State Laws_ .......... Intentionally left blank,......_ .. ........ ...... .... EXHIBIT GC -A: (Optional) Dispute, Resolution Agreement. ... ..... 16.1-16.6 Arbitration,_-, --- . ... ....... .... 16.7 Mediation It Isxwl M W/ CITY OF Page Num, ber 27-28 28 29 29 _29,30 ,31 32 .... ­32k 32 32-33 I..... 33 33 )3 33 n .�3 33-34 35 rNT)FX TO CTFNFRAI. CONDMONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not Article or Paragraph Number Acceptance of -- Bonds and InsrinmAK ........................................5.14 defective ........ ...... 10A 1, 13 5a 11.13 final pii)niierit. 9,12, 14.15 insurance ...... .. ...... 5.14 other Work. by CUINTRACTOR ...... . .. 7,3 Substitutes and 'Or-liqualo Items,.,.. .,,71 Work by OkVNTR ..............................2.5, 6,30, 6.34 Access to the -- Lands, OWNM and COW RA(7rOR responsibilities ............................... ..............4.1 site. related W*rk................................. - ........ _72 Work. ....... .................... .......... . _112, 1314, 14.9 Acts or 0missions-., Acts and Omissions— CONTRACTOR_ .. ........ 6.9.1, 9,133 I-NGIN13ER 6. 20, 9. 13.3 OWNER &9 Addenda--defindion of (also w definition of Specifications)_... (1.6, 1, W, 6,19), 1.1 Additional Property lnsutante4 .... ___ ........... 53 Adjustments ,- Contract Price or Contract Times___ ....... J.S, 3.5, 4.1, 4.3,2, 4.5.2, 9.4, 9.5. 101-10.4, ............11, 12.14X 15.1 progress schedule,.. ..... ........... ...................... __6.6 Agreement.- dchnition o( J'2 'AA -Risk" Insurance, policy formi ........... ....... ___k.6_1 Allowances, Cash_ ... .. .. ___ ............ ......... .. _11,8 Amending Contract Doanitnig ................................3.5 Amendment, Written -- in genmal__ .. ... ... ;. 10, 1.45,3.$, 530, 5.12, 6.61 48.21 6.19.10,1. 10.4,11.2 12.1, 1312,2, 14.7.2 Appeal, OWNTER or CONTRACTOR intent to_..____...........9.10, 9.11, 10.4, 162, 16.5 Application for Payment -- definition of � .... ....... ....... _ ......... 33 ENGTLNEFgs Responsibility .__ .... ................ _.9.9 firuil payineq,_ _ 9, 13,4„ 9,13.5, 14.12-14 15 in general ..... __ _ ...... ... 2.8.2.9, 5.6.4, 9,10, 153 progress payment ... .... .... _ ...... .... j 4.1-14.7 review ol', _14.4-143 Arbitration Asbestos-- „ claims pursuant thereto.......,..,.. _.......... 4,3.2, 4.5.3 CONTRACTOR authorized to stop Work, _.4.5.2 IA (M NER responsibility far Possible, price and times change. Authorized Variations in Work-,_ Availability ofLands - Award, Notice orl-defined- ....... ........ Before Starting Construction ............... Bid --definition of 1.5( 6. Bidding Of........... Bidding RotpArements--defirfition or Bonds -- acceptance of. . ...... .. ..... additional bunds Cog of the Work......,..,,_..,,.._,._,.,. defird tiom o.................................. delivery.................... ..... ....... final Application for Payment... general.... ......... .............. ......... I in this index or Paragraph Number 4.11, 8.10 .6, 6,25, 6.27, 9.5 .41, 8A ......A 25 ....2.5.2, 8 1, 1,10, 23, 33, 3, 11,43, 11,91) Perfrrmance, Payment and Met...... Bonds and Insurance --in genera),.,..,,.... Builder's risk 'all-risk' policy fortit ........ Cancellation Provisions, Insurance..,..,,,_ Cash Allowances................................... Certificate of Substantial Completiuq_., Certificates GfInspectim"..._ 9.1 21 , 5.3 $'S' 51 Change in Contract Price. - Cash Allowances..._,._,..... ............ ......... claim for price adjustment..,.__ 4,1, 4.2.6,4.5, 10,2, 1 CO'N'TRACTOR's fec- ..... ...... Cost of the Work general, . _ . ......... ............ Exclusions 10'. Cost Records in general_,,....... J,19, L44,9M, 10 Lump Suns Pricing ............................. I Notif kation of Surety ..... ....... . ......... Scopeof"., _ __ ............. Testing and Inspection, Uncovering the Work ... . .... . ...... 10CM CliNERAL COW MNS W CITY OF FORT COLUN'S MM 7 (11, 42,62) 11.4.5.9 1.54 ...............J.8 5.1 5,13, 13, M-5, 14,7.6 5,6.2 I's 6.30,11 14.8, 14, tO 3A, 115, 14-12 S411 5413 9,13,4, 14,12 1­ '­­.)l 8 .15.68.2, 9.4 I 11 13.9, 155 11.6 11.5 2, 10.4 3,11 13.2 10.5 .... J0.3-10.4 Unit PriceWork....-_...._Cf)NTRACJOXg Fee 11,6 Artiole or Paragraph Artiolc Paragraph Number Number Value of Work ... . ........... ...... j I'l CONTRACTORS liabilfty__ ...... 5,4,61Z 16, (5,31 Change in Contract Timers.- Cost of the Work ...... 1,41, 11.5 Claim for tunes Rdjustin cril; .... __4.1, 42.6, 4.5, 5.15, Decisions oti Dixpiki:4 ........ ....... .11,9.12 1-11-- 6.8.2,9_4,9,5,911, 1t12,10.5,12.1, Dispute Resolution.......................................... 16,1 ... ...... 11% 13,13, 1114,14J,15.1, 153 Dispute Resolution Agreement..._....,.......... 6.1-166 Contractual time limits ..... __ .......... ........... 12,2 ENGINEER as initial interpretor,....,.. ...... __9.11 Delays beyond CONITRACTORs Lump Sum Pricing,. , ..... . 113.2 control 113 3 Nonce of, ......... .. ...... . J,73 Delays beyond OWNER!% amd OWNEWs ................. _9A.9.5,911, 102,11,2, 11,9 CONTRACTOR!s control ..................... ....... 12.4 .......... __111, 139,1113,13 � 3 14,173 Notification of swety, .........................................10.5 OWNERs liability..................._..... . 5-5 Scope.ofchimge ........ . .......... ....... 10.3-10,4 OWNER may refuse to make payment;........ .....14.7 Change Ordem- Professional Fws and Court Costs Acceptance ofDefeedw Work ... 13,13 Included............. 173 Amending Contract Do= enui ............................5 request for formal decision on ........... Cash Allowirnces___ _111 Substitute Items.... Change of Contract Ricer _ . .............. I I Time Extension..,............ ........... ....... Change of Contract Times ....... 12 Time requirements.,...................,............. 9f Changes in the Work.._......._.._ ... .... .. .jo Unit Price Work' 1� 3 CONTRACTORa fee ............................... ... _...11,6 Value of ................. ......... Cost ofthe Work__ ......... .... ___ ....... ...... 11 A-1 1-7 Waiver of --on Final Payrmrrit ...... Coot Records ..................... __ ............ ......... ... j17 Work Change Directive..,.....,,,,_,,,,,,,,.,,,.,,,,,, definition of ......................................................1.9 written notice emergencies ........................................ Clarifications and Interpretations_ ...... ... 3.6.3, 4,911 ENGINUERs responsibility ... _,9.8, M4,11,2,12.1 Clean Site _ . ........ .......... __ .. .... 0,J7 exopAim of. � � ...................................................10.4 Codes of Technical Society,organization Indemnifiction ........................ fi. 12, 6,16, 631-6.33 or Association ........ _ .............. ....... ....... ...933 Insurance, Bonds and ..... __ ........ .... i 10, 5, 13, 10,5 Commencement of Contract Times: ........... OWNERmayUrminate ....... _ .......... ___,15.2-15.4 Communications— OWNER's Responsibility, ........ __$.6,10,4 general ...... ____ .... ___ .... .18.1 Physical Conditions— Hirzard Communication Programs .....................6.22 Subsurface and ............................................A2 Completion — Underground. Facilities--_. ........... .... _43,2 Final Application for Payment .. ...... . A432 RecardDoctiments.... "A 19 Final Inspection......_...... Scope of Clumgq,_,., ....... ____ ................ 10.3-10.4 Final Payment and Acceptameq...... ...... _J4.1 14.14 Substituack....,., ...... ...... 6.7.3. 6.8.2 Partial Utilization ....... ................ __ .... ____ .14.10 Unit Price Work ............. ................ ....... .31,9 Substantial Completion_ _ . .......... 1.38,1 8-14-9 value, of Work, covered by ... 11.3 Waiver of claims ........ ...... .... ­4­1 34115 Changes in the Work.. ... ......... ...... _10 Coin putation of Tim es, . ........ . __ ..... _ __17,11 17,2.2 Notification orsurety .............. ....... .......... . _103 Concerning Subcontractors, Suppliers O*ANERs and CONTRACTORs mid Others._.. .6.11 responsibilities, .... ....... ....... _10,4 Conferences-- Rightioun adjustment.__,_,._., .................... 10,2 initiallyaccepIxtble schedules., .... .... 29 Scope of change ........ .......... lo 3.10,4 preconxtructioq. .......... _ .... __ ........... ........2.8 2.8 Claims-- Conflict, Error. Ambiguity, Discrepancy.. against coNTRAcrolz ........... CONTRACTOR to Rqxvt.,. 3,12 against L7NTGrNM-,,.,, ... ............. .. 6,32 Construction, before starting by against OWNER .............. 6 32 C ONTRACTOR, ........... ....... 5-2.7 Change of Contract Prico, .................. ..... . 9,4,11.2 Ccn%truction Machinery. Equipment, Change of Ccritreat Tmeo&................. _ ..... 9.4,12.1 Continuing the Work .... ....... ....................... �6,2 10.4 C—ONTRACTORs ........ .... 4, 7, 1 _ 9:4. 9.5, 9,11 , 10, 2. Contract Documents — ...........................I I -Z I19. 111, 13,9, 14,8, Axrumding. ......... ......... .......... .......... 15,5,17.3 Bonds Wf CITY OFFORTCOLUMSMOMCAM OMV 9M Cash Allowances......................._..._._..........._.11 8 Stop Work requirements.......... 4.5.2 C .),V fRACTOB's--- Article or Fluagraph Number Change of ('oritract Price.....................................11 Change of Contract Times .... ..................... _.. ..... 12 Changes in the World................................10.416.> check and verify ................................ 2.5 Clarifications and Interpretations ..........................3 5, 3.6, 9.4, 9A I definition of,,. _ . _....:. _._._ ,,._......._., .._.1.10 ENC,I N EER as initial interpreter of__ ...... 11 ENGINEER as OU NER's representative..............9.) gaieraD Insurance............................_................_.......,...5.3 Intent...... .................................................3.1-3.A minor variations in the Work, . ............ ....... ...... .3.6 OWNER's responsibility to famish data ...... ....._8 3 OWNFR's responsibility to make prompt payment ..........................83, 14.4, 14-13 precedence . ...... ...... ......... ................... ..... .3.1, 3.3.3 Record Documents ...... ......................... ............. 0,19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work ....... .................. ......... .................. 7.2 Reporting and Resolving Discrepanei......... 2.5, 3.3 Reuse(if .............. ............................ ......... ...,....33 Supplementing ......................................... ......3.6 Termination of ENCIINEIMs Employment.._., _...8.2 Unit Price Work ........................................... .... 11,9 variation* .........................................3.6, 6.23, 6.27 Visits to Site, ENGINERW s........ _..................... 9.2 Contract Price — adjustment of_ .............3.5, 4A, 9,4, 10.3, 11.2-11.3 (Change of,. .... ............._...........:......................)1 Decision on Disputes ........................................9.11 definition of ........ ..................... ............... .........1,11 Contract Times — adjustment of ..... _...................3.5. 4.1, 9A. 103,12 Change of._ ............. .............. ......... ..., .....12.1-12.4 Commencement of ............................. ......... _; 2.:3 definition of.....................................................1.12 CONTRACTOR-. Acceptance of insurance,..,,_...._.. 5.14 Cottmtaucations.....................................6.2, Continue Worork......,._.........................__,6.29, 10.4 coordination and scheduhng ............ . .........6.9.2 definition of"' . . . . . . . _.....1.13 " Limited Reliance on Technical Data Authorized ................... .................... .. 4.2 2 May Stop Wok or Terminate ................ <.., ---13.5 provide Site access to Others _.................... 72, 13 2 Safety and Protection ............. 4.3.1.2, 6.16 6.18, ............ .............. ....... ..... 6.21-623, 7.2, 13.2 Shop Drawing and Sample Review Prior to submittal........................................d.2S Compensation .......... _., ........ Defective Work. ............................ Duty to correct defective Work...... . Duty to Report -- Changes in the Work caused l Emergency,._ _, . Defects in Work of Others Differing condition* ............ Discrepancy in Documents....... Underground Facilities not indi Emergencies .................................. Equipment and Machinery Rental, t of the Work ............................. Fee--CnstPln� ...................._,..,1.1 General . Warranty and Guarantee,,,, Hazard Communication Programs... Indemnification.. .....,.4-1 Inspection of the Work ................... Labor, Materials and Equipment..... Laws and Regulations, Compliance Liability Insurance ................. Nutice of Intent to Appemj. ;„....... obligation to perform and complete the W ark ................................. Patent Fees and Royalties, paid for t Performance and Other Bonds..,. ,,.. Permits, obtained and paid for by,.., Progress Schedule, ........................ or Paragraph Number 9.G, 13.10-13.1A _.......13.I t ........._ ................._,..... Request for formal decisionon dispute Responsibilities — Changes in the Work........._....... Concerning Subcontractors, Supp and Others— ... ................... Continuing the Work ...... ......... ._ CONTRACTOR'S expense,,,.,.,,,,, CONTRACTOR's General Warrat and Guarantee,__,,,,..,. . CoNgRACTORareview friar to Drawing or Sample sutnninal Cixxduistiot of Work, ,.,,,... Emergencies,_... . .. . . LNCrINEk R's evaluation. Substitu Cyr *Or -Equal" Items...._........ For Acts and Omissions of Others_ ____ ., .... for deductible amouriMinsurance, general........................... _......... Hazardous Communication Progn Indemnification _.....-. to.I [era ........G.8-6.11 6.39, 10A ........6,7.1 T 6.30 6.25 s - 6.7.3 9.2, 9.13 _....,, ..,5.9 7 Z 7.3, 3.9 _..._,.,6.22 6 31.6,33 tit axxx; <ffiNi7iAL CP'i�rJrrl(7NW 910-s (7 Y4(1 Epi'IrC?tJj wt CITY OF rOfkT 001,1 Alf7b CATIMS WV 91991 Labor, Nlaterials and Iiqaipmcnt. . ... ..... Laws and Regulatioms, 6.14 Liability litsuranec .. ..... ... .. ............. 5.4 Article or paragraph Num her Notice of variation from Contract Doc-umdnts< ., ____ .... .. _,0.27 PaUtit Fees and Royalties, , 6,12 permits .............. ... ........ ...... ...... ..... 6,13 Progress SeNdule, 6,6 Record Documents,, ........ related Work Performed prior to ENGINEER's approval of required subtaifth; ...... ........... ........... 128 safe structural loading .............................. Safety and Protection_..._.... ... ..... 0,20, 72, 13.2 Safety Representative, ...... . _ 6,21 Scheduling the Work ..................................6.9.2 'glop Drawings and Sampler,...., ...................024 Shop Drawings and Sam ples Revs tw by ENQWEFR ......... ..... ................ 1-6,26 Site Cleanliness,. , . _ . . ... .... _ _ .... ... _6,17 Submittal Procedures ...... .... §25 Substitute Construction Methods and Procedures ....... ........... - ...... ___A7.2 Substitutes and "Or -Equal" Items., ........ __0.7.1 Superintendence .............. . ... ..................... 0.2 Supervision....._ . .. .... ........ . _ ..... ........... _0, I Stuvival of (Migatimiet .... ....... ................ 6.34 Taxes..................... ........ __ .......... ____ .... 0.15 Tests and Inspections......_._..,.. ................13.3 To Report........ _ .. ....... ........... _ ..... ..... ­�4�'s Use of Prem isc,q 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawling or Sample Submittal_......................_6,25 Right to adjustment, for changes in the Wort .....10.2 right to claim,,, .... _ 4 7.1, 9.4, 9, % 9.11, 10.2,111, 1.9, fil. 13.9, 14.8, 15.1, 15.5, 173 Safety and Protection, ....... ____6.20-622, 7.2, 112 Safety Representative__ .... ....................... 6.21 Shop Drawings and Samples Subinittals__6.24.6.28 Special Consultants _ _ ....... . ..... ....... .........11 AA Substitute Construction Methods and Procedures., 6.7 Substitutes and "Oi-1 quat" Items, Expense_.._._.. _ .............................6.7.1, 6.72 Subcontractors, Suppliers and Othera,_ 6.8-611 Supervision and SuperintendenN ...... _61, 6.2, 6.21 Taxes. Payment by, 6.15 Use ol'Premises-1 Warranties and Sitaiantees, _0.5, 6.30 Warranty of Title ' ' ' " ' ... * ' ' .1­1­1­1,; 14 Written Notice Required— CONTRACTOR stop Work or terminate_., ... 15.5 Reports of Differing Subsurface and Plirtcal Conditions ...., ... I—' ....... _,4ZI Substantial Conipletiuk 14.8 iYll (XVNTRACTOR3--other Contractual Liability lnwjxancc� ... ..........5.4.10 Contractual Time Limits ....... ....... ... ... ...... 12,2 Article o Paragraph Number Coordination-- CONTRACTOR's responsibility, ...... __69.2 Copies ofDocuments..... ,.,, .... .. ...... ... .. ...... . 12 Correction Period..__, .............. ___ ... _ ....... .. .... 13,12 Correction, Removal cc Acceptance of DqjMov Work-- in general., ............. .......... 10AA, 13, 0-13.14 Acceptance of Defective Work,_ . ................. ... 13.13 Correction ur Removal of Defective Work .................. .............. 6. 131I Correction Period_............__ .... ....... _ ....... J3,12 OWNER May correct Defictrw work ........ ... J3,14 OVIVNER May Stop Work . ...... 13.10 ("Mt -- of Tests and Inspections .............. ...................13.4 13.4 Rtcords1l.7 Cost of the Work. - Bonds and insurance, additional, ............ 1 A,5,9 Cash Discounts_ .............. ........ ............. . 31.4.2 CONTRAUrOR's Fee 11,6 Employee Expense's... ............ ....... 1,4,5.1 Exclusions to ............ , *­ , " ­­­ ... 1.111.1­­ ­111.5 GenerallIA-1 . �'­ Home office and overhead w;periws_. 11.5 Losses and damages..._........................ 1.4,5.0 Materials and equipment.,,,., .......... . .... . I 1,4.2 Minor expenses ................... _ .. .... ... ......... 1.4,5,8 Payroll costs on changes ...... ..................... 11.4.1 performed by Subcontractors ... __ ............ 1IA3 Reourds11.7 Fvmtals of oanstrttctian equipment and machinery ........... 1 4_5_3 Royalty payments, permits and license fevk_ ...... __ ..... ................ 1 .4.5.5 Site office and tempomylkailitie$ I 4,5.2 Special Consultants, COMRACTMs .... ....... I JA 4 Supplemental 11,4.5 Taxes related to the Work, j 4,5,4 Tests and Inspection,.......,..._........................13.4 Trade Discounts 1,4.2 Utilities, fuel and sanitary lacilifi"_ 1 453 Work after regular hours .............. ...... IAA Covering Work ....... _ , _ ......... ..... .... ... 13, 117 Cumulative Remedies_ ....... .... 17, -173 Cutting, fitting and patching,....,.. 7.2 Data, to be fornished by (-WKFR ...... . ........ ..­ Day--derlititiom of-- 7'2-2 Decisions on Disputes.................................._.oil 912 oVective--definition of.._... ... J,14 &f0eviv Work. - Acceptance of ...... ...... ... ..... .. _10.41, 3.13 wf OTY OF FORT M.UNS MWODMCAn MFV Correction or Removal of Correction Period.__3332 in general, .. .......... ............. ......... 13,14.7, 14,11 Article or Paragraph Number Observation by bNGfNEhK­­ ... 11 ....... ­..",­­ 9.2 OWNER May Stop Work ...... ................. ....... 13.10 Prompt Notice of Defects ............ ................ __131 Rejecting......._ ...................................... .......... 9.6 Uneovefirig the kkkwk ...... . __ 13,9 Definitiont, _.' , _ ............. ........ ... .......... __ I Delays ................................ 4-1, 6,29, 12.3-12A Delivery of certificates of insurance ............................2.7 Det"inaticris for Unit Prices— ..... ­­111 ...... 11111­.119'10 Difforir* Subsurface or Physical Conditiona— Notice oC. A.23 ENGMEWs Review ...................................... A,14 Possible Contract Documents Change .. .... _4,23 Possible Price and Times Adjustment$ .......... __4.16 Discrepancies-Raporting and Resolving ..... ... . .. .......... 2.5, 3.3.2, 6.14,2 Dispute Resolution— Agreement ................................................ ) 6.1.166 Arliftration_ . .................................... ... _J6 1-165 Simera][16 Mediation........................... __ ......................... J6,6 Dispute Resolution Agreement .......... .... ___ ...... 16.1-16,6 Disputes, Decisions by ENGMER ........... ...... 9- 11.9. 12 Documents.- Copies of..... . ..... .............. 2.2 ReixtJ619 Reuseof..., ............. ...... ........... ...... _ ...... ...... 33 Drawings--cletinition of.....,...._.._.-_ .. .............. ..... 1-15 Easements ............................................... 43 Effective date of Agreement .. definition Q( ..............1.16 Emerpncics,., .... .................. ................ _ ...... 6.23 ENGINEER — as initial interpreter an 9.11-9.12 definition of 1.17 Limitations on authtvity and responsibilitie;j ..... 9,13 Replacement of ... .... ..... .. ... ...................... ..82 Resident project Representative,. __ _ ... ........... . 913 ENGMEEWs Consultant -- definition of, 1.18 ENGINEERs— authority and Tespimsibility, limitations riq_ ...... 9.13 Authorized Variations in the Work__ ..............9.5 Change Orders, responsibility for, , _93, 10, 11, 12 Clarifications and Interpretations .k ...... .... 3.6,3,9.4 Decisions or Disputes..,.,.,.. .......... _9.11-9.12 &fective Work, notice of.................................13.1 Evaluation of Substitute Items_,., . ............ ..... 4. 7.3 Liahiflty. .............. ____ .................. §32. 9,12 Notice Work is Acceptahlo_ _ . _)4,13 Observations ............ A-30,2, 9,2 OWNERS Represcniativo_ Payments to the CONTRACM Responsibility for.,. ... .. Recommendation of Payment_ , _J4.4, 14.13 Viricle or Paragraph Number Responsibilities-Liinitatiojis oq ... Review of Reports an Differing Su and physical Conditiom ... __ Shop Dirawin&S and :Araplcs' rty i responsibility.._ ........ Status Dining Construction -- authorized variations in the W Clarifications and Interpreted Decisions an Disputeit ............ Determinatioris on Unit Price,, ENO MTER as Initial Interpret EM MIER'S Responsibilities_ Lininsitims an ENGMEMMs i and Reslimisibilities ........... OWNSk`s Representative.,....... Project Representative .............. Rejecting Deforl1w Work Shop Drawings, Change Orders and Payments,,.,,,_....._.,,...., Visits to Site ....... Unit Price determinations Visits to Site...... _..... __ .......... Written consent required, ............... Equipment, Labor,.Materials ants....,... Equipment rental, Cog of the Work,..,. Equivalent Materials and Equipmenf_. error or missions .......................... __ Evidence of Financial Arrangements_ _ Explorations of physical conditions...... Fee, CONTRACTOVs-Costs Plus., Field, Order — definition 011 .................... ...... issued by ENGINEER.................... Final Application for Payment ............ Final Inspection ......... Final payment — and Accepirance,__ Prior to, for cash aflovances General Rtilturements-- defmitian of ................ principal retarencos to ..... .. 2.6, 03iving Notice ... . ...... . .... .... _ _, Guarantee of Work —by CONrfRA(-'TO.f Hazard Communication Progroms.__ Hazardous Waste— definitko of.................................. general .............. ............ OWNEWs responsibility 14,13-14,14 173-17.4 20 4. 6.6-6,7, 6.24 i6,X 14.12 ­ .1 1 1.1-0 22 ............. y2l ...... US) CAMNS (REV 9/99) .......... ........... Insurance .. Prteedcnct�, 3A,333 Reference to. Saleityand Protection,_ .......................... X 13,2 Subcontractors, Suppliers and Others,_,,,,,,, 6 8-6 11 41 -6.31 ... 0 1 2 6,16, 631 Initially Acceptable Schedules .... ... .2.9 Inspection— Certificates of ........ ....... _9114,115. 14.12 Finn) ........... ......... ....... ............. __ ... ....... 1411 Article or Paragraph Number Special, required byFNGINHHR ... ......... ...... 9A Tests and Approval ........................ �R.7, 13,3-13.4 Insurance -- Acceptance of, by OWNER,, . _...... ........... .. . 5.14 Additional, required by changes in the Work ........ .............. ...... Before starting the Work ....................................2.7 Bonds and --in general .........................................5 Cancellation Provisions ................ .. .................. 5.8 Certificates ot .................. 23, 5, 53, 5.4.11. 5A 13, 5.6.5 5 8 114 9.13.4, 14.12 CONTRACTOR's Liability.....,.. _............. 54 CONTRACTOR's objection to coverage.............5.14 Contractual Liability......................................5.410 deductible amounts, CONTRACTOR's responsibility .................... 1. 1.: ....... ......... .... 5,9 Final Applicalon for Payment ............. ......... _14-12 Licensed Insurers ..............................................5.3 Notice requirements, material chatges_ ...... 5.8,10.5 Option to Replace. ............ ... _ ...... _ ....... ......... 5.14 other special im;uramoq....................................5.10 OWNER as fiduciary for inmwed!i ....... OWNEIVs Liability........... ...... ... ............... .. ... 1.5 OWNEWs Ropcinsibility .. __ ........ .... ...... ......... S,S Partial Utilization, Property Insurance ........... ... 5.15 Property., , - "I.- I. - - - , ._ ..... 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 UvcumeatiI___ JA-14 Interpretations and ClarifkatioM ............. .. 361,9.4 Investigations of physical Q(Mditiong ..........................9.2 Labor. Materials and Equipment ............. _ __0.3-6_5 Lands -- and Easements........ ................ .......... ... ... 0.4 Availability of ..................... ..... ........ _ 41, 8.4 Reports and Tests ................................. . ...... __J4 Laws and or Regulauous­ Bonds .. ....... ....... .... .......... ..... 51-5.2 Changes in the Work........-._.._....-...-._....._..., 10.4 Contract Docuntents_ ...... , .... ... ......... 3.1 CONTRACTOR's Responsibilities ... ... . _ ...... .. §¢ 14 Correction Period deleefive Work ... ... ... ....... J112 Cost of the Work, taxes......,....._.. _.____...I 1.45A de1mition of,. ................ ...... . .... .... ........ 122 gcnera1614 6.31-6.33 Article or Nragrapk I Number Tests and lnspections, ... Use of Promises„ Visits to Site ......... 9,1 Liability Insurance— CON-l"RACTOR's . ..... ....... 5A OWNERs......... ....... ........ ............... .... .J.5 Licensed Sureties and Insurers..,........._ . .......... . 5-3 Lions— Application for Progress?"ent ................. .... 1*2 CONTRACTOR's Warranty of Ti0c. __ . .. ... . ... 14.3 Final Application for Payment ....................... ..14.12 definition of,_ - 23 Waiver of Claims._ ........................... __ ... .. ... lk15 Limitations on ENOINEM!s authority and responsibilities . ..... ..... .. ___ .... ....... ... 9,13 Limited Reliance by CONTRACTOR Authorized ............. ............................ _ ..4-2.2 Maintenance and Operating Manuals— Final Application for payment .......................14.12 Manuals (of others) -- Precedence ... ...... ........................ ...... .33.1 Reference to in Contract Documen4 .............. 33-1 Iviatorads and equipment­ formished by CONTRACTOR..._. ............... .. 63 not incorporated in Work_ ... ... ..................... .. 14.2 Materials or equipment --equivalent ................ __ __03 Mediation (Optional)....... ......................... ...... J6_7 Milestones. -definition of .. ................... ___, J.24 Misoollmneotis.- Computation of Times... ......... ...... ... ....... _, _17.2 Cumulative Remedies..... _ ............... __ .... ....... .. 17.4 Giving Notice,._ . . . . _ . . .... ........... ......... ..... _ _17.1 Notice of Claim,..._ ...................... __ ............ J7_3 Professional Foes and Court Costs; Included..,,.. J7,5 Multi -prime contracts...._.....-__......... 7 Not Shown or Indicated.— ..... .. 43,1 Notice of -- Acceptability of Project_ ........... 4-13 Awarti, definition of .. .... 125 Claim ... ...... ...... . J,7.3 Defects.13.1 Differing Subsurface or Physical Conditions,_ .23 Giving ..... ... .. ..... .. ....... ... ......... .. 17.1 Tests and Inspections, ....... . ...... Variation Shop Drawing and Sample .............. Notice to Proceed.. definition of .... ...... EX.I.X, MN".AL IWAATIONM W Q TY Or FORT C0111M MOD 33 tREV 9/99) Notification to Surety._..........._............__........... 10-5 ONervations, by FiNGWEER, . .... .. . .. ... ..... 0.30,92 Occupancy of the Work,.................. 5.15. 630.2.4.14. 10 Omissions or acts by CONrRAGYOR . ..... ... .... 6.9,9.13 Open Peril policy form, Insurance_ ...................... 5,A2 Option to Replace ...................................................5.14 Article or Paragraph Num ber "(--)r Equal" Items_......_...... ........ ........ ......... _03 Other work 7 Overtime Work —prohibition of, - 63 OWNER.- Acueptance ofdefeclive ........................13.13 appoint an ENGINTER ........ .......................8.2 as fiduciary ............ _ .................. ...... 5,12-5.13 Availability ofLand; responsibility ... .... _ ,1 definition of ... .................. _—_ ............. .... I L7 data, furnish_,.._........., ...... . ............. ............ 8.3 May Correct Defective Work ............. ....... — .... 13,14 May refuse to make. psymenk._ ................ _ ..... J41 May Stop the Work.......-..........._ . .............. J3, 10 May Suspend Work, Terminate,,, .. ......... ....... _.$A 13.10,15.1-15A Payment, make prompt, ............ .... _J3,14-4,14,13 performance of other work. - I ... — I ............ —TI Permits and licenses, requirernens .... . - - —. _6. 13 purchased insurance requirementit ............. _5,6-5.10 OWNER'S -- Acceptance of the Work .......................... 030.2'5 Change Orders, obligation to oxecW ..... $A 10A Commwucahansk............................................... Cocirdinationofthe Work — . ... ................. --.7A Disputm request for decision,, .....................9.11 Inspections, tests and approvals_ .......... __81.7,13.4 L tability Insurance......._............ 5.5 Notice of Defects .............................................. )3A Representative --During Construction, ENGINNETWs Status . .......... . 9A Responsibilities— Asbesum PCBs, Petrolouni, hazardous Waste or Ridicactive Material _ll, 10 Change Orders ..............................................5.6 Changes in the Wort;........ ..... ... ... 10.1 communications..........._.......,._,_..... , 8,1 CONITRACTORs revortsibilitics ... .$.9 evidence of financial arrangement _. .$. II inspections, tesis and approvals ............. ...... JR3 insurance lands and easern ent:4_ ..... 8.4 prompt payment by, ...... .. ......... ...... _ 183 replacement of ENGMHER ....... ..... ........ R.2 reports and tests........_ ... .. .............. .. __8 4 stop or suspend Work ...... ...... _.S, 13.10, 15.1 terminate CONTRACTOWs services......_. .. ......... ... ...... --$A 152 separate representative at sitq ..............................9.3 Xi testing, independent...._ use or occopwroy of the Work written consent or approval required., ... _ _ ... ............ FX= GENERAL COWM()"I w! (ITY OF FORT COLL" MOD 13.4 6.30.2.4,14,10 91, 61, 11 A Etirno,,4 ary 9/99) Article or Paragraph Number written notice Tequiretl, .. ...... ...... ... 7.1, 9-4, 9,11. 11,2, 11,9, 14,7, 15A PCBs-- defuntion 129 general.,_ .... .......... ..... 4,5 OWNER's responsibility for ........................... J30 Partial Utilization. - definition of �1.28 general 6,30, "1 4, 1410 Property Insurance 5,15 Patent Fees and Rofaltits__ 6.12 Payment Bortds. .... _ ..... .......... .. ..... ...... Payments, Recommendation,of,-, ..... ... 14A-14 7, 14,11 Payments to CONTRACTOR and Completion - .Application for ProgrossPayments ........ ...... _ ..... 14.2 C ON'T P A CT Ms Warranty of Title_ Final Application for Payment .........................14.12 Final Inspeotion., 14.11 Final Payment and Acceptance_ ............. 14.11-14A4 ......... __93. 14 Partial Utilization-...._..._ ...... ............ 1.14A0 Retainage............ _ ........................ ........ .......... 14:2 Review of.Applications for Progress Payments .... ........ 4,4-14.7 prompt payment. ........... 0.3 Schedule of Values ...... .. __ .................. ...... _J4.1 Substantial Completion.. ...... ............... --K#-l4,9 Waiver otClaims 14.15 when payrn outs due ........... ...... 14.4,14.13 withholding payment.... 1111 1--.1-- ...... -- ...... 14.7 Performance Bonds .. ...... 51-5,2 Permits ............. ....... ........ &13 Petroleum - definition of ................................. ........ ....... y3o general....................................... _ ......... ..... _-4.5 OWNEks responsibility for ........ 3.10 Physical Conditions - Drawings of., in or relating iq ... ........... ...... ENOTNEWs review ........................................ 4.14 existing structures.., ....... .... __4.11 general 4,2 . 1. 2, Notice of Differitil; Subsurface or, ...... 4.2.3 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustments.......... .. 426 Reports and Drawings .............. ............. .... ... 4.2,1 Subsurface and, . ..... .. _42 SubsuTface Conditioni, . .......... ... ... 4,2.1,1 Technical Data, Limited Reliance by CONTRACTOR Authorized.,_ ..... ... .... I .... 4,12 Underground Facilities-- general........................................................ 3 1 Not Shown or Indicted .... ....... ...... . ........ 412 Protection of........._ ........._ ................ _4 3, 6.20 Number Shown or Indicated .. .... ... ...... . ....... 4� Technical Data 12' Peoconstruction conference ._ .... ..................... ........ 2.8 Preliminary Matters..._, ..... ... ........ .. Preliminary Schedules .... .................................. ..... ..... ..... ........ 2,6 Premises, Use of,_ ......... ... .... _ 4 , -,. � ........ __ 16-6. IS Price, Change of Contract... ...... ..... ........ ....... ......... 11 Price, Contract -definition of Progress Payment, Applications for K2 Progress Payment-retamagq .................... ........ 14.2 Progress schedule, CONTRACTOWs- ......... 2, 6� 19, 2.9, 15,6, 6.il9l�' il0�' , 15.23 Projct-defmitian of, 1.31 ........... Arejeot Representative- ENGINEWs. Status During Construction,_ . ...... 9.3 Project Representative, Resident -definition of-, __ 133 prompt payment by OWNER .... ........ ...... ...... 93 Property Insurance - Additional .... ...... __53 ScricrO.6-SA0 Partial Utifization . .......... . ...... 5:15. 14.10.14 receipt and application of proceeds ............5 12-5. L3 Protectim Safety and ................. ........ -.0.20-6. 1, 13,2 Punch I ist .................. ......... _ ....... ........ _1411 Radioactive "terial- defintion of <.......................... -1. 32 goneral4,5 OWNE)Vs responsibility for .. ...... .. Recommendation of Payment ... ....... _11 �4� 44" f4��' , 14,13 Record Docnments. _6.1 14.12 Records. procedures for maintaining ...... . ..... 2.8 Reference Points .............. ........... _ ....... ..... . ,....4.4 Reference toStandards and Specifications of Technical Societies ................................ .. ..... 3.3 Regulations, Laws and (or) .................................. _614 Rejecting Dq*five Work.........._ ........................ __9A Related Work - at Site .1 -13 Performed prior to Shop Drawm&,� and Samples submittals review .............. _ ..0,28 Remedies, cumulative... ......... ... __ _ . ...... 17, , 175 Removal or Correction ofl)qftetive Work,,,..,,,.._„_, 13.11 rental agreements, OWNER approval required... 1 A.5.3 roplacenient of ENCYINEW by OWNER ................. $.2 Reporting and Resolving Discrepancie.................................2.5, 3.3.2, i. 14.2 Reports - and Drawings.,,,, .. .... - 4.2.1 and Teas, OWNWs responsibility ................. ... $.4 Resident and Project Representative - definition of.......... . ... .... _ .................... J,33 provisionfor ............................................................4.3 'Xii m-noN) W! CITY Or, PORT COU". MOM 4 ?fiX", ") Article or Paragraph Number Resident Superintendent, CON'rRAC'I'(.)R!s,,. . � 62 Responsibilities— CON'TRACTOR's-in general .................................. 0' r,NGV4EFWs,-in goneraL ... ............ ....... _9 Limitations on OWNEWS-in general_........._ ............ Retainage 14.2 Rouse ofDocument.s ............ Review by CONTRACTOR: shop Dranv4s and Samples Prior to Submittal__ ...... ... . ... . Review of Applications for Progress Payments ... ­ .. .. . .. ... .... ....... .. 14.4-14.7 Right to an adjunment, ......... ........ JO.2 Rights of Way__ _ ... _ .... ... .... 4.1 Royalties. Patent Fees an4 � � ............ ....... _ F5,12 Safe Structural Leading ..................... ......... . 6,18 Safety — and protection ...............................4.3.2, 6,16, 6 18, 72,13.2 general.................................................... . 0,V__6.23 Representative, CONTRACTOR!3. ... ................. 6,21 Stunples-- definition of ....... __ ....... ....... ....... ....... t.34 general ....................................................0.24.6.28 Review by CY-NURACTOR... ......... ...... ............ 6,25 Review by ENGINEER . ....... __ .... ....... (?,26, 62-7 related Work ........ __ .................. submittal of submittal procedureA............................... _625 Schedule of progress ...... ...... __ .......... 2.& 2.9-2.9, 6.6, ..... 6_29.10,4,15.11 Schedule of Shop Drawing and Sample Submittals . _ ... .... ..... 6.24-6.29 Schedule of Vatues,_,__ ................. .2:6, 18-19,141 Schedules — Adherence to..._ ......... __ .......... ......... ...... M2.1 Adjusting, ................ _ .............. ............ ........... 0,6 Change of Contract Time* ....... ...... ........ .... _10A Initially Acceptable ...... 2.8, 2.9 Prelimmary,_..... .... ........ ......... ......... .. 2.6 Scope of Changes .... ........ ....... ..... 103-10.4 Subsuitiace Oouditium_............................. _4ZLI Shop Drawings — and Samples, gereraj_ ... ......... ........ 6,24.6,28 Change Orders & Applications for Payments, and, ..... ....... .... . ... .. _93.9,9 definition of,, ­1 —I'll, ....... ENGIN13EIV9 approval o( .... ........... ......... 3.6.2 ENCYINHERs, responsibility for review..................................... 93, 6.24-618 related Work._.__._...._......_ ...... ..... ...... _6.28 review prowdureN.............................. .Z8, 6,24-6,29 or Paragraph Number subm ittal required,_ ...... �6.24. 1 Submittal Procedures ......................................6.25 625 use to approve subsututions .... Shown or Site Access ...... ...... 7,2.13.2 Site Clean fines% _6, 17 Site, Visits; to — by ENGDMER, �9.2, 13.2 byothers .... ..... ....... ..... J12 special causes of ikxvt' policy Form insurance definition of, Specifications— dofinaticii of ................ ......... _ .... ... ......... 1. 36 of Technical Societies, reference 0 __ ._ __ 33 1 precedence ............................. ...... . ............. _3.3.3 Standards and Specifications of Technical SVCiCti"_._ Starting Construction, Before ........ . .............. 2_5-2,8 Starting the Work . ...... .. . ...... Stop or Suspend Work -- by CONTRACTOR.........................................15.5 by OWNER ................................... . 15.1 Storage of materials and txtuipmenk ...... ............. #. 1. 72 Structural Loading, Safety ................... .............. _618 Subcontractor — Concerning .......... ........................ ........... 10-6.11 dermition of........._ .. ........... . ................. 1,37 delays __ . .... ..... .. ...... ......... _ _ J2,3 waiver of rights ............ .. .. ........... ................. 1i I I Subcontractors --in general._ ., . ... .... ..... ........... 6.8-6.11 Subcontracts--raquired provisions 11, & 11, 1] A Submittals— Apphosuons for Payment__ ........... _ .............. 14.2 Wintertance and Operation Manual _ ...... .. ... 14,12 Procedures ___ ....... 615 Progress Schedules.._..........,_ 2.6,19 Sample's ........... ...... . ....... 6.24-6.28 SclicKlule of Value'k 14.1 Schedule ofShop Drawings and Sam ies Submissions,, �2,6, 2.8-249 Shop DravvingA_ ...... 6.14428 Substantial Completion -- certification of,,, .C.31,2,3, )4,8-14,9 definition of Substitute Construction Methods or Proce res. . ...... 6.7.2 Substitutes and OOr Equal' Items­­ CONTRACTOWs Fxpcnsq ... . ... x 7,13 ENGINEHR's Evaluation 6,7.3 *(.)r-FApJAP . __ ....... . 1 Substitute Construction Methods xin IM, (STY Of rlc*T COLIX CATIONS KV 9199) 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 ofl all conflicts, errors or discrepancies that he has discovered in the Contra t 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 A reement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definiti n 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 incorporate herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the actions in carrying out the terms of this Agreement are Documents and incorporated herein by this reference, and incl limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings - None . and related �emed Contract but are not The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 0 to 0 inclusive. 7.5. The Contract Documents also include all written mendments and other documents amending, modifying, or supplementing the Cont act Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than th Ise listed or incorporated by reference in this Article 7. The Contract Docu ents may only be amended, modified or supplemented as provided in paragraphs 5 and 3.6 of the General Conditions. I. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Ar icle 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 o4 interests in 9/12/01 Section 00520 Mage 4 Article or Paragraph Norther or Procedures_ ... _ ......... ................... ___.6,12 Substitute Items,__..,.. 6,T 1 .2 Subsurface and Physical Conditions -- Drawings ol; in or relaing to .................. 4,2.1.2 ENGINERK's Review general:...,..... _.._....... ...... 4,2 Limited Reliance by CONTRACTOR Notice of Differing Subsurface or Physical Conditions ......... ............... ___ ...... _4,23 Physical Conditions_ ........ ................. .......... 4-2, 1. 21 Possible Contract Documents Change ............... 41.5 Possible Price aridTimes Adjustments . ...... 4,2.6 Reports and Drawings,,.,.„_..... ..................... 4.21 Subsurface and ....................... .................... 4,2 Subsurface Conditions at the Site ... ... 421 1 Technical Data. ....... ............. ................ _.4.2 2 Supervis.im-- CONTRACTORs responsibility ...... . I OWNER shall not supervise, ................................ 8,9 ENGINEER small not supervise ................9.2, 9,13.2 Superintendence_ ............... ............. ................. __i6.2 Superintendent, CONTRACTORS resident ...... ........ 6,2 elemental tx sus .... .......... JIA5 Supplementary Conditions -- definition of ......... ................... ........... __ ........ J39 principal references tQ .... ............ J10,118,12,2J, Supplementing Contract Documen4 ...... .... ... Supplier-- definition of .......... ......................... __ ........ principal references tq ... ...... 3.7, 6,20, 624.9,13,1412 Waiver Surety — consent to final payment ....... ... ...... _J4.12,14,14 ENOTNEER has no duty (tt_ ... .......... .......... 9J3 Notification of ........... - _ - .... � ...... 10.1, KS, 1512 qualification of _ -, , _ , , , " .. . .. ...... ............. S.1-5 3 Survival of Obligations............_ __6.34 Suspension of Work- and Terminatioti--__ .... ...... 6ON'TRACTOR, May Stop Work or Terminate .. ....... ... OWNER May Suspend Work ... ... ....... ......... 15A OWNER May Terminate.._._..........._....... 15.2-15.4 Taxes Paymentby . ..... 0.1i Technical Data -- Limited Rebanee by CONTRACTOR. _ 4.2.2 Possible Price and Times Adjustments .. ........ 4.2,6 Reports of Differing Subsurface and Physical Conditions.... ...... 4.23 xiv Temporary construction J_ ..... .41 Article 1' paragraph Number Termination— tay (,X)N`rRAC`r0R ....... - ......... ..... byOWNER ........................................ of ENG11,1BER's employment,_. Suspension of Work-in general ........... TOMS and Adjectives .,_ .. ..... Tests and Inspections.- Accesstothe Work, byothers................ CON TRACTOlts responsibilities ............. cost of 13.4 coveting Work prior to.,,......_.. Laws and Regulations (or), ...................... Notice of Deftets....................................... OWNER May Stop Work ............... GWNER's independent umfing.................. special, required by ENGWER ..... __ ...... timely notice required .... ........ ........ ....... Uncovering the Wark, at ENWIREWs request__........... ......... ..... . 'times -- Adjusting................................................ Change of Contract ......... ............... _", Computation, Of, , ........ __ ........................ Contract Times --definition of .................. day..... ....... _._ ........... .......... i ..... .. Milestones.............................................. Requirements-- appcWs............. ..... _ ........ clarifications, 3.6-13.7 13.5 .....13.4 13.4 10,16 cWrn3 and disputes .. __ ....... """2 Commencement of Contract Times 23 Precortstruction Conference . ..... ... - ...... 28 schedules.........................................2.6, 19, 6.6 Starting the Work..........._ ............... .... ...... 2.4 Title, Warranty of ....................................... .. ..... 14.3 Uncovering Work.....,.._ __ .... .................... 1 .8-119 Underground Fticilities, Physical Conditions— definition of Not Shown or Indicated 431 protection of............_ ....... ...... .... _4 620 Shown ...... 4.3.1 unit Price Work — claims ......... 1 1,93 definition generalll,9.14A. 14,5 Unit Prices­ generall 1.3.1 Determination for . 10 Use of premises .... _ _ ........... ....... _6.16,6.18,6. 24 Utility owners, ....... ........... ........ 0, 13, 6.20, 7.1-1 , 13.2 Utifi7vion. PartiaL ....... 1,23, 5.15. 6,30.14. 14,10 Value of the Work Values, Schedule 0 216,18-2, 14.1 w(CITY OF FORT COLLM WMCAM tat v Variations in Work --Minor Authorized.,.. 6,27, 9,5 Article or Paragraph Number Visits to Site- ­by FN'G INFER ........................ ... _ 9,2 Waiver of Claims --on Final Payment .... .. .. ...... 14,15 Waiver of Rights by insured putic$_ ............... 5.11,6111 Warranty and Guarantee, (Icnci,al--by CONTRACTOR. 630 Warranty of Title, CO', TRACI'Ok's ................ __143 Wank -- Access to,_......___.........._....... k3.2 byothers, ............. ................................ ........... _ 7 Changes in the_, ...... ......... _ .................. ___ .10 Continuing the ...... .......... 1-.1.111­11­ ....... _'_X29 CONTRACTOR lvday Stop Work or Terminate ............. ........................ J5.5 Coordination of__ ........................ _ .. ...... :7.4 Cost ofthe 11,4-11,5 definition .................. _ .......... ........... 1,43 neglected by CONTRACTOR, .......... - ...............13.14 other Work, - _ . .............................. ......... _ ___7 OWNER May Stop Work ......... .... ......... ___13,10 OWNER May Suspend',Vwk ............... . _.) 3,10, 15,1 Related, Work at Site ........... ....................... 71-73 Starting the .......... .......... ........... ............... _ A Stopping by CONTRACTOR ............................. A5.3 Stopping by OWNER ....... .... .......... Variation and deviation authorized, minov 3.6 Work Change Directive -- claims pursuant to ........... ...... ......... ... 10-2 definition of principal references to,,,,,,,,,,,, Written Amendment -- definition, off . ...... .... .. ................ ....... ... J.45 principal references U1 ..............1.10, 3.5, ....... ....... _.0,62,611,6,19, 10.1, WA, l .... I .... I.r ...11.2. 12.1,13112,14.7.2 � Written Clarificationsand Interpretations:........_....,_.. 16.19.4, 9.11 Written :Notice Required— by CONTRACTOR .... ............. . �7,1, 9.10-9,11, 10,4,11.2, 12.1 by OWNER_,__„_„_,_. 9.10-9.T1, 10,4,11.2,13,14 MUC GIINMAL COMYCI(YINS w! CITY CF FORT COLUNS MOD F'f)ITt0'4) WV 9i9o) (This page left blank intentiramally) xs5 h'R.TX? C4F.NhRAL L;UtJb[TIU\'C i 410.8 �] ) Ft71TIOTQ W OTY OF FORT COLUM MOLriF1CATT S (RGV 9199) GENERAL CONDITIONS AMCI,F'1--DEFfN7T MS' Wherever used in these General Conditions of in liae other Contract Documents the foilowing teams have the mearmW imfii ttd which arc applicable to bWi the singular and plural thereof: 1.1, AddMda--t>;ritten (it graphic instmm is issued prior to the c�xttt�t of Bids which clarify correct or change the ieEl !ding Requirements or the Contract Documents. 1.1 4ggrernrent -The written contract between OW _NhR andC O.h�IfRAC TOR covering die Work to be perfam4, odw CAntrrret Documens are attached to the Agreement and made a part thereof as provided therein 1,3. A Itcanion for Pa)mnt--Tho form ENGIiR which is to be used by CONTRAC Olt m requesting Pr or final payments and which is to be accompanied 5uch supporting documentation a4 is requited by the Contract Docments 1.4. Asbeshas— Any mawrial that contains more that she percent asttcatosarid is friable or isreleasir g asbestos fibers amo the air above current action levels established by the United States Ocetipattonal Safety and Health Administration. 15, Bid —The offer or proposal of the bidder submitted on the prescribed form setting fsrdt the prices for the Work to be performed. 1.6. Bidding Docwtwnts—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (inclu(fing all Addenda issued prior to receipt of Bids). 1.7, Biddiiig Requint mmir-The advartisemerit cc invitation to Bid instructions to bidders, and the Bid form. 1.8. Bottdt-1'etformahtce and PtMent beads and odd instruments of security. 1.9. Ciiarige Onkr--A document recommended by 04GINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, Motion or revision in the Work, dr an wtuctipent in the Contract Price or the Caithadt Times, issued on or after the Effective Date of the Agreement. 1.10 Coniraot Docwmntva-The Agreement Addenda (which pertain to the Contract Documents), CONTRAC OWs Bid (including ducamsxdatirnt accompanying ohs: Bid and any past Aid documentation submitted prior to the Notice of Award) wixn attached as an exhibit to the Agreement, the Notice to Proceed, the Bads, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings ns the WCOC3V"AL CONVIT10N5191 as 0 MEdliw) a/ MY OF FOKT C"AAM4 MODIFTCAT70M4 (REV 4aO" same are more sxcifically identified in together with all Written Amendments, Work C3ange Directives, Field Orders an written in, etations and clarifications is pamprep s, 3.6.1 and 3.6..3 on or aft Date of the Agreement. Shop Dim approved pursuant to poragaphi 6.26 ra Iopsrts and drawings referred to in parag 4.2.2 are not Contract Documents. 1.1 t. Contract Price The mdueys OWNER to CONTRACTOR for co mpletu in accordance with the C'.antract Dtvahmet the Agreement (subject to the I pamgmph 11.9.1 in the case of Unit price V 131 Contract limes —The numbers a dates stated in the Agreement: (i) to achi Completiat, and (ih)to complete the Wa ready her final ym ont as evidenced by written recanmrrdation of final payment with paragraph 14.13. 1.13. CONIRAC7M--The person, firm with whom O1KN612 has entered into the R r Agreement. ange Ordcrs, iaNGINEI R's d pursuant to the Effective g submittals 6.27 and the dos 4.2.1 and payable by of the Work t a4 stated in uvisions of irk). days or ate e Suliaantial so that it is rG1Nafi1 % ccordance oorp riawn 1,14. defective»An ad' a which w modifying oho word Wak refers io t�thaY is urasa ' nay, faulty or deficient in that it does not casfo m w Contract Documents, or does not meet the requite enter of any inspection, reference standard, test or apprsw I raferred to in the Contract Documents, or has beat slam d prior to fsNt":Ai7s'Flt.'s recommendation a€. lhml pa cut (t>takss responsibility few the protection thereof his assumed by OWNER at Substantial Completion in a dance with paragraph 14.8 or 14,10). 1,15, Drawings -The drawings which the scope, anent and character of the Wsrk to be and performed by CONTRACTOR, aid which have been lrepared x appr wed by IiNC}INkMR and rotated to m the Ceraract Documents Shop thee" s are not Drawings as so dotinod 1.16. 9ftcOve Darn of Are Agn2oJnartr The sate indicated in the Agrement on which a tom effective, but if no such date is indicted it means the sa err which the Agreement a signed and delivered by the last of the two parties to sign and deliver. 1,17 ENUIXTER—Tie person, firm or ation named as such ni dte Agreeinem, 1.18. F.Ai'3INFFR's ConsulhaR—A person, fmti or corporation hacin a contract with 1iNGTNE - to furnish services as ENGIliUR's independent fessional associate or consultant with respect to the Proaj and who is identifiedas such in the Supplementary Cand rats. 1,19, Field Order.A written order i. by DWI Ni ER which orders mu or elangn in d Work in accordance with ragappyh� 9.5 but which does involve a change n the rntmoti'rice or rite C:tmtract Ti es 1.21i. Oonertil Reguirowits--Sections of Division of 1954 (4213$C Secfion 2011 at seq.) as mended from the Specifications. time. to time. 1.21. Howrdmct glitsk—The tam 1Iaasvdcros Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) ss amended from time to time. 122.g Lawn aid Regulations; Laws or Regulations --Any and all applicable laws, rules, rcgulatiau, ordmances, caalcs and orders of any and all governmental bodies Agencies, authorities and courts loving jurisdiction 1.21b, L? LHgk rX c be tlKrse cAida ys r rqj �_Cfty of Fart Callum. 1.23, fermi--Licns, charges, sciurity interests or encumbrances upon real property orpersonal property. 1.24, Aftimnr -A prir ipa11 event specified in the Contract Documents t,clating to an intermediate completion date or time prior to Subdantial Completion of all the Work. 1-25, x4ofice ofrtward-A written notice by OWNIER to the apptrant, sucae sfW bidder carting that upon compliance by the apparent successful bidder with the conditions precedent enumerated theraim within die time specified. OWNER will sign and &War the Agreement 1.26. Notice to Pweed-A written notice given by OWNER. to CONTRACTOR (with a copy to EiNti1N311 R) fixing the elate on which the Comract Times will commence to tun and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Corttact Documents. L27. OWNLR—The public body or authority, oaar�purtuaao4 association, firm or person with tvhcrn GCINTL2AGTOR Itas ermoxi into the Agreement and for whom the Work is to be provided 128. Partial Utlliacflon--1Jse I>y OWN1 R of a substantially completed part of the Work for the purpose fur which it is intended (or a related purpose) prior to Substantial Completion of All the Wnrk. 1,29 PCBs—Prilychkritoted biphenyls. 1.30 P¢truk mt -Petroleum, including crude oil or any Fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14- pounds per share inch absolute), such as oil, petroleum, fuel oil, al sludge, oil refum gasoline, kerosene and oil raised with other narHamrdous 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, cc a part as indicated elsewhere in the Contract Documetts 1.324. Radioactive MaterinF Source, special nuclear, or byproduct material as defined by the Atomic Smergy Act of SJCDC(VNfiM CONJXII0M tares have 134tiat) wf CITY OF PORT CA UA M MMIFIC;ATIMn (REV # MIO) 1,33, Re:rPdenr Pnrj¢cl Reprasantau>ro— he aatluxizcd iepresemauve of LNGINEE?R who may be ss p;ted to the site or any part thereof 1.34. Stara i¢s Physical examples f materials, equipment, cr workmanship that are re e. mative of sonic portion of fltr Work and which establish the aandards by which such portion of the 'uric will be Sudgcel 1.35. Shop DraWngs•-All dxa diagrams, diustraticria, schedules attd other data atfamation whim am sp cal�y prepared or assem ed by or for CONTRACTOR am wbritated by RACTOR to ilimstrate some portion of the Work. 1.36, Snecfficadons—Those porhom of the Contract Documents consisting of written technical n and of materials, cquipmcfm o cninructicrt systems, s and wtrkmarnhhp as applied to the Work and certain administrative details applicable thereto. 1.37, Subcorrtrartor-An individual, firm corporation havir� a direct otxact with CC71V7 RAG"fO or with any other Subcontractor far the performance of part of the Work at the site. 1,38. Sybslanfial CamyleEc'4e: e rk {or a specified part ih has l(ithe k= where, n the opirim o 13Nf3 iolanoed by QNGINUR's definitive cof Subatantittl CornPpIetiat it is sufftcimrtfy wmpdete, inn nee with the Contras Documetts, so that die Work or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is . when the Work is cont and ready for Tonal yment as evidenced by Cil pEERs written xemm etrdation of final payment in accordance with pat 14-13. The terms "stib tantially complete" and tNaptialiv completed" as applied to all or part of the ark refer w Substantial Completion thereof. 1.39. Supplementary Conditions --The of the Contract Documents which amends or gipp cots these General Conditions. 1.40. Snpplier—A manufacture, fabricat supplier, distributor. materiahman or vendor having a comincet with CONITRACTOR or with any Su factor to furnish materials ur egiripnent to be incorpx ated in the Work by WNTRACTO or any Subcontract 1,41. UP.Argrotod FaciltGes pip ed ped conduits, ducts, cables. wires, manholes, vaults, tar , tunnels or other such facilities or attachtnema and an}} cearcnts contairing such facilities which have Ire installed t ndagro and to furnish any of the following sery ices or materals: electricity, gases, steam, Nuid petroleum if a Notice to Prooeed is given onthe day dicated in the MDducts, telephone or other commtmtcatiom cable Notice to Pioccced. A Notice to Proceed in y be given at television. sewage and drainage removals traffic or other any time within thirty days after the Met' c Date of the control systems or watzT. Agreement. ;,hxea I AT Odt Price Wank —Work to be paid fir on the basis of writ prices. 1.43. hf`ork -The endive c ompletcd condruction or the various separately identifiable part tlxseof required to be furnished ureter the Contract ]Moment Wank includes and is the result of performing or furnishing labor and ftrntshing And � xpa� ding matdriAls And equhpntcm too the coustructimnn a not pafartnictg furnistuttg services And at tdslhiehg ctaoumencs, All as nnqunred by the Contract Documents. 1.44. Work Change Ditrcava A written directive to CONTRACTOR issued on or after the Effective Date of the ent and signed by OWM and recommended by MIt BER, ordering an addition, deletion or revision in the Work; or nWordatg to di m1breseen physical cxxrfitions lamer vhwh �or is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change, Directive will not change the Contract price or the: Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Charge Directive will be incorporated in a subsequpittly issued Charge Order fonow ntiaticxis by the partas to its effec, if srty, on it* r�eh a Entice or Compact Times as provided in paragraph 10,2. 1.45. Written Amerainent---A written amendment of the Contract Daumdrs, signed OWNER and CONTRACTOR of or after the Ictive sate of the Agreement and normally dealing with the mmwngmeermg or nontechnical rather than strictly consu-action-related aspects of the Contract Documents. ARTICLE 2—PRELUMNARY MATTERS TAdh ry of Bottle. 11. When CONTRACTOR delivers the execuatd Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5,1. Copies ofDowneer & 2.2, OWNER shall furnish to CONTRACTOR up to ten copies (runless otherwise specified in the Supplementary Cmtditums) of the Contract Documents as are reasoeably necessary for the emcution of ft Work. Additianat oWies will be furnished, upon request, at the cost of reproduction, Cornmeecement ofContrad'TZM4% Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, MI)C+oaNOU11. CoNVrnOSS 141e-8 o999EdtkIA) tn! MY OF SCAT rY) AAM MODt°hCA110M (REV 4,2101) Sur ingthe Work: 2A MXTRACTOR ;hall start to per& on the date when the Contract Times com Mt 10 Weak shall be done at the site prior which the Contract Times commence to run. Before blr obwCanamdion: 2.5. Marc widertaking each pit o CONTRACTOR shall &Ily study and Contract Documents and dteek and v figures shown thcrom and all appl meaauraamus CONTRACTOR shall proml writing to ENGINS slt any conflict, carer, ; discrepancy which CONTRACTOR may + shall obtain a written interpretation or clarii ENGINEER befrns rg with an u OW�1}y;; however, CTOR ahaU no NER or ENtGINMR for failure to report error, ambiguity or discs in ADocumens, wiless CONTRACTOR know o should have known thereof. 2.6. Within ten days after the Mctive Agreement (unless otherwise specified in Requirsnerda), CONTRACTOR shall ENOINEW for review: the Wok once to run, the date on ::MCI ' MCIthe tgat in iguity or over and 00 liable to ly conflict, (_raided reasonably c of the Gen"Al mit to 2.6.1, a preliminary progress schedul indicating the times (uu mbers of days or d ows) for ing and cotapleting the varim Sages of the Wo inctuduhg any Milestones specified in the Contract uments; 2.6.2. a preliminary sdtafule of Shop I awing:1 Sample submittsls which win list rZored submittal and the times for submitting. r wing and proceming such submittal; 2.6.3. A prcliruirmry schedule of value tier all of the Work which will include quanlities prig of items aggregatacg the Codracf Price wxl of subdivide the Work into component parts i sulfiraent detail to serve as the basis for progmas payments curing construdiot. Such prices will ducts an appropriate amount of overhead and profit icable to each iton of Work. 2.7, Before any Work at the site started CONTRACTOR and -OVA shall each deli rT to the Glint O_4V1N& with copies to identiEnal in elm Suppiamentary fiondit :R. oertificates of insurance (and other evidence of insurance seastawbly-Treydtest tuestal by OV1IQEi21 which COi fRACTORR enel-K�i=It3F--tea ag�eetivel}�ara is required to purchase and maintain in accordance with paragraphs SA, 56aud-53. I'reeorrsrrud ion Coofere"(W 2.8. Within twenttyy days after the Cotitraet Times start to rim, but before arty Ile oA,. at the site is started, a conference attended by CONTRACTOR, 9WINE612 and others as appropriate will he held to establish a working understanding among the parties as to Vie Wink and to discuss the schedules raferred to in paragraph 2.6. procedures for handy Shop Drawings and other submittals prcxu svrg licatiots for payment and maintaining required reco Irr#falfy,4eeepaxbie I*hednfea: 2.9. Unless othahuise provided in the Contract Documarus, et4 Apldidxitieu#or Faymeru before any work at the site Ingo . a conference atterAied by CONTRACTOR, OR, ENGINEER and others as atirm xiale onaW OWI3tlt3 It will be held to review for acceptability to EMINFER as provided. below the schedules submitted in woordarm with Paragra 2.6. CANT CTOR droll have an additional tan days to make corrections and adjustments and to conptete and rrsubtttit the srhaktle$ No progress Paymtirt shall be made to CONTRACTOR uMI the srhadtiles are submitted to and acceptable to EN3INIMR as provided below. The progress schedule will be acceptable to ENGINSER as providing an orderly progression of the Work to completion within any specified Milesmes and the Contract Times, but such acoeptance will neither impose on ENGINE W responsibility for the saq �g. schaduling or progress of tla Work nor imerferc with or relieve CONTRACTOR from CY)NTRACIOWs full responsibility therefor. CONTRACTOR's schedule of S1top Drinvu and Sample submissions will be wogitable to FfNGINER as providing a workable arrangement for reviewing and processing ft required submittals CONI'RACTOWs schedule of values will to IiNG1NBER as to fort and substance. ARTICLE 3--C(Rd3IRACT DOC.tTlt IQNTS: INTENT, AMENDING, RUSE I IMI: 3.1 The Comract Docianents comprise Abe entire agreement. between OWNER and CONTRACTOR concerning the Wok. The Contract Dottimens are complementary; what is called for by one is as binding as if called for by A. 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 K"C MNL:RAt. CON71110NS 191" 0M B Riot) wi CITY OF FORT MUINa MOMMATKIM MV 4Q0W) describe a functionally complete Project ( part thereof) to be constructed in accordance with the Cotract Documents. Any Work, materials o her$ that may reasonably be inferred from the CtrWact rents or Goo prevailing custom or trade usage as g required to produce the intended result will be trashed and perfumed whether or not speattcally ca for. When words or phrase whicli have a well kno (ethnical or corWtuettion industry or trade meaning are used to describe Work, materials or cqunpmoat ch words or phrases shall he interpreted in arc with that mewing. Clarifcatiom and interpretatiatra f the Contract i')ocumen is shall be issued by T NGINliiliR 9 provided in paragraph 9A, 3.3. Reference to Standards and ifitx Bang of Tecknical Societies; RVerting an Resolving Discxepandec 3.3.1. Reference to standards,. peciftcations, MMMIS a codes of any technical d1'getu2mm or association, or to the haws or tions of any governmental authority; whether such reference N specific or by implication, stall in the latest standard, specification, manual, code Laws or Regulations in effect at the time of open of Bids (or, on the Effective Date of the Agreement f there were no Bids). except as may be mhen specifically stated in the Corrract Documents 3 51.2. It during the performance 01, he Work, CONTRACTOR discovers arty c irk error, ambiguity or discrepancy within Cmtmct Unuments or between the Contract torrents and any provision of any such Law o Regulation applicable to the performance of die W or of any such standard, voification, manual or or of any instruction of any Supplier referred to in graph 6.5. CONTRACTOR shall rqn it to B 'iNFER in wirmig at once, and, CONTRA, shall not proceed with flit Work affected thereby in an emergency as authorized by parapyupih 6. ) until an amendment of attp�ilemem to the Documents hes been lffiniNf M one of the malltnds ` ted in pamggmmph 3.5 or 3.6; provided, liable ever, tMt CONTRACTOR shall not he to WNBR or ENGINEER for failure to report any conflict, error, amb�nttty or disex unless CONTRACTOR .knew or reasonably Id have known thereof 3.3.3. Exoxpt as otherwise specifically woo in the Comma ik cureemts oras may be ovided by amendment or supplement dicreto issued one of the methods indicated in paragraph 3.5 3.6, the provisions of the Contract Documents shall take rxecedence in resolving any conflict, exmr ambiguity or discrepancy between. the provisions of t e Contract Documents mid: 3.3.3.1. the provisions of any m stanh+rd sprification, manual, tole or instinct Cwhert, o not specifically incorporated byre nix in the Contract Documents); or 3.3.3 '2. the txovisions of any s u;li Laws or R.4ulatiorm applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in vioNtion of such Law or Regulation), No provision of any such standard, apeoification, manorial, oodc or instruction shall be effective to .drmtge the duties and reset Wbilities of OWNER, CONTRACTOR or MOMEM or any of their sabccattramm camiltsm% agents tv employees from those ad forth in the Contract Documents, nix shall it be effective to assinggnn to OWXM FNGINFFR. or any of ENGINP,ER's C".orarltarts, a0" a employces any duty orau*wsity to mpetvise. or direct the furnishing or pafotmsnee of the Work or any duty or authority to urxiettake r inconsistent with the ++rr����r,t--�t'' Inow of paragraph Bother proy%non of the tA1,R19at Doc mterm, 3A, Wherierer ii the Catzcast 17a umaras the terms "as ordered", "act directed", "as required", "ss allowed", "as approved" or terms of like dfied or import are useck or the adjectives "reasonable". "suitable". %ocoptable", "proper" or ".satisfactory" or adjectives of like offact or impart are used to describe a requirement. direcum review or ju dgment of ENGINEER as to the Wait, it is intended that requirement, direction, review cc judgmcm will be solely to evaluate, in getieral, the completed Work for complimce with the requirements of and information in the Contract Voaumetts and oc ormew with the deai(pi concept of the completed Project as a Ametiming whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating odwvise). The use of any such term or adjective shall tat be effective to ar4a to INGINEFR any duty or authority to supervise or direct the fiunishing or performance of the Work or any duty or authority to undertake respass'bib catuary to the provistora of paragraph 9.13 or any r provision of the Contract Documents. Amencgng and SWlementhV Contract Dacameals: 3.5. The Contract Documents may be amermhed to providk for a"bats, delmuxw and reviaoms in the Work or to modify the terms and ca%ditions thereof in one or ntcve of the foffowmg ways: 3.5.1. a formal Written Amendment, 3.52, a Change Order (pursuant, to paragraph 10.4j, ar ErCDC rJ&4RAL COWITIOM 191e4(1MEtf im) w n YY (*FORT IXJt.iAM MOMFICATiOM (REV 4,700M 3.5.3, a Work C'lwW Tall Paragraph 10,1), 3.6. In addition, the rcquiromc Documents may be supplemented and deviations in the Work may be more of the following ways: 3.6. I. A Field Order (pursuant to p0 3.6.2. FNGIN'EFiR's approval of a Sh Sample (pursuant to paragraphs 6.26 art 3.63. ENIGMF:R s written into clnnficati m (pursuant to paragraph 9.4). Raw eDocumentr: 3.7. CONTRACTOR, and any Su Supplier or other pawn or orgamiution fvnii inS any of the Work under a din contract with OWNER () shall not have title to or owrgp rgMa in any of Specifications (V o documaas (or thereof) pprgop�azed by or bearing the steel of FTIGTNEP.Rs (`.onsultait, aaxt (it shard zit strcb Drawings fictions, deem on extetuions of�Pmjed or any other written consent Of OWNER and ENQM written verification or adaptanot by ENG312 (pursuant to the Contract Kr variations mA in one or yaaph 9.5). P Drawing or 6,2•71 or pretation or mad" cr rfarraing or or induact pociture DAY has of arty GINEER or -cuse any of tts or Firs 9ext without mid Specific ARTICLE A—AVATLABILITYOfLAND ; SUVSSMFACF AND PHYSICAL C: 1ItONS; REFTPENCE POINTS .4ru}fadi6� dJ'fan t�: 4. t. OWNER shall furnish, as indicated in Contract Fxxuments, the lands upon which nix W is to be perkmed, nghts-of=way and owemerts for mess thereto, and sawh other (ands which are desi ted for the OVINER shall ichrmi any encumbrariaes tx �strittiom not of gcnetal. Application hut grecilically vela to mire of lanais so finished with which CONTRACT O will have to comply in perfr mmg the Work lie ants for permaxat structures or permanent acisting facilities will be abtair ed and paid ftv by O unless Otherwise provided in the Ctntraa i3oc CONTRACTOR tarts. If and OWNER arc emabie agree on entitlement to or the amount or extent of any I stments in the Contract Price or the Contract Times as result of any delay in aW NWr fitmishina nurse lands, rillhtsof- wax or easements Cx)NTRACT may m a claim themft as provided in Articles I I and 11 0ONTRACK)R shall provide tic all additional lags anti access thaxcto that may be required for temporary construction facilities or storage of materials and equipment. 42 Subsurface and Physical C:anditions: 4.21- Reports and Drmuing : Reference is made to the Supplementary Conditions for identification of 4.2.1.1 Subuaface Conditions.- Those reports of explorations and tests of substesice conditions at or restt g loos to the site that have been utilized by, AMR in preparing the Contract Documents, and 42.1.2. Pi9,skal C:oncfrtfons: Thaw drawings of physical cwufitians in or relating to existing surface or subm&cc sMotures at or calttgllVliS to the site (except lhtdcrggrronand F'acifhttes) that have bean utilized by ENGDim in prcpering the contract Documents. 4.2.2, Limited Reliance by CONMICTOR Audwrtzed• Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data' dined in such reports and dmwings, but arch TqX is and dbawirgs are tuft. Contract Documents. Such %edinioal data" is identified in the Supplementary Conditions, lsacc�at far such reliance on such "technical data", CONTRACTOR May not rely upon or make any claim against OWNi K ENG"Nfik3t or any of E M011,113Ms Consultants with respect to: indicatxi in the Contraot Documents, or 42.3A. is err an urwsvat rm e, and differs materially from condil ordirari y m xamtered and generally recognized as t in work of the charade provided fa in tinlethe Ccartract Doctun rats; then CONTRACTOR stall, KOW44Y iin .: I after becoming aware thereof and before flu a disturbing conditions af5xted thereby or perldnrming any Work in rdshnecsidm therewith (except in On errggerncy as permitted by pTagraph 6.23), wfify WNFR and F1tGINTI.R in writing about sue condition. CONTRACTOR shall not &rther disturb h conditions or perform Wore lira COMM tion thcr th (eecept as aforesaid) until receipt of written Order to do . 4.2.4. EAVUE'ER's Review: ]sfd(3 �R will promptly review the pertinent oonditidvts ine the necassity of OWNSR's obtaining additional "oration or tests with respect thereto and advise OWN R in writing (with a tray to CONTRACTOR) of O NEER'a ltndlv�a wed rXrnetdnSinrl4. 42.5, Passibk Contrast Documents anger: If VNIG13 CR condude.s that a change in he Contract Documents is required ass result of a conditi that meets one or more of the categories in paragraph 4 2.3, a Work Charge Directive or a Charge Order will issued as provided in Article 10 to reflect and eon the consequences of such change. 4.22.1. the completeness of such reports and 4.2.6. Pamibk Price and Trines A,# n drawings for CONTRACTOIN purposes, equitable adjustment in the Contract Pn including, but not limited to, any aspects of the Contract Timex or both, will be allowed to means, methods, teehniqux, sequences and the oustencce of such uncovered or reveal procedures of construction to be employed �' causes an increase or decrease in CONTRA CONTRACTOR and safety precautions; mid oC or time requited f r perfommne of• the W programs incident thereto, of however, to the followirs; 4.2.2.2. other data, interpretations, opinions and tntomtatton contained in swh repots Cc shown or indicated in such drawings, or 4.2.2.3, any C.'ONi'.RACfoR imrrprMatiot 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 Corufitiona: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the ale that is unccvrercd or revealed either. 4.2.3.1. is of such a nature as to establish that any "technics data" on which CONTRACTOR is entitled to rely as provided in paragraph 411 and 4.2 2 Is tnrateriaily maccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.23.3, differs materially from that shunsn or EKiDd:4hE^!+'ERAL GONp19tOtr5lAiPS f1A5e ScAdutl W(7TY(iFrCNtT(x JJMMrAWFI(-hTIOTt4 (R9V412(Rha) ntr An or in the its cost W- Nett, 4.2.6.1. such eartditian must mee any ore err mare of the d�s tibed in paragraphs 4.2.3:1 42.3.4, ' slue; 4.2.&2. a charge in the Ovftct eras purstaux to paragraph 42.5 will ot be an auabnatic authoriartion of nor a condition precedent to entitlement to any such ent; 4.2.6.3. with respect to �Varic that is paid for on a unit Price Basis, any adjustmer-A Contract Price will be subject to the pr isidms of paragfaplis9. t0 and 11.9, and 42.6.4, CONTRACTOR shall not be entitled ro any adjustmentin the Contract Pr" orTimes if; 42.64.1. CONTRACTOR knew of the existence of such candid s at the time CONTRACTOR made a final commitment to OWNER in pod of Contract thrice and Contact T' as by the wbriission of a bid or becoming bawd uda- a negotiated catdract; or 42.6.4.1 the existence of such condition could reasonably have been disoovored or revealed as it result of any oxaminm&an, investigation, exploration, test or study of the site mid conugmts areas required by the 13idditg Roquiranaus or Contract Documents to be coridutxai by or for CONTRACTOR brim to CONfRACTOR's making such fmal commitment, or 4.2.6.4.1 CONTRACTOR failed to give the written notice within the time and as request by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on erufdeme nt to or as to the amount or lwlgdt of any such equitable a�ustment in the Cotaaet Price or Contrsa TEmes, a claim may be made therefor as provided in Article# 11 and 12, However, OWNER, ENGINEER and ENMEER's C rwhams shall not be liable to CONTRACTOR for any claims, casts, bases or damages sustainadby CONTRACTOR. to or in connection with any other project or anticipated project 4.3. PkysfcafCortaWmis-UndergroandF'acititks: 43.1. Shomnr or timleated: the information and dam shown or indicated in the Contract Documents with respect to mestirg Facilities at or contiguous to the site is based on information and data frxroshed to OWNER or ENGINEER by the owners of suelt Lbdivgrouud Facilities or by others, ilnless it is otherwise expressly provided in the $upplanentary Conditions: 43.1 A, OWNER and ENGINEER shell not be responsible for the accuracy or conrpletmiess of any such information air data; and 43.12. The cost of sit of the fdlowvg will be included in the Contract Price and CONTRACTOR shall have full Trponallhly for (i) reviewing and clinking all such information and daM (it) locating all rground Facilities shown of indicated in the Catract Aocoments,(ih) awrdmation of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all .such Undagruund Facilities w provided in paragrmph6.20 and miring any damage thereto resulting Cron the Work. 4:3.2. Not Shan» or lo0cated: If un Underground Facility is ummeced or revealed at orcuxdwws to the site which was not shown or indicated in the Contract Duxuuaus, CONTRACTOR shall, �y anmaetgly d after beconing aware thereof and the {artier disturbing conditions affected thereby or performing any Work in connection therewith (exce�t in an emergency as required by paragraph 6.23), identify the owner of such ihndergromnd Facility and lrJCDCtiF:StFAAI. CpNtHTiO� 19teS (t99e £ttitiurl w1.(17Y OF FORT a)LUN9 MOEAFICAMM (REV 4gDM) ggirve wr%iRn natica to thatowner and Ei?vTGENEIF.R. EiNCYINEM will pro Urakrgroua! Facility and determ' any, fn which a change is required Doatments to reflect said document of the existence of the Ilndergrot b"MODMER conclude$ that a ahmnge Documeto is required, a Work Cho Change Order will be issued as provi to rolled and dowumcal. such oomeq such time, CONTRACTOR. shall be tine safety and protection of such F'acthty as provided in CC?A1fRACYOR may beallowt rite Contract Price or an extension o Times, or both, to the extent that they, a to the existnroe of any Chitergramd Fa not Shown or indicated in the Contra and that CONTRACTOR did not knm rant reaonably have been to I to leave miticgtated. If OVMR 9-1 C( are unable to agree out entitlement to or length of any mich asdd��usttnead in Cot Cauract Timtu, CONYRACTOR may therefor as provided in Articles I I and OWNER, FNGINEER aril Cmsutetamts shall not be, liable to CONI any claims, com losses or damage sttsaintd by CONTRACTOR an a with any d Thcr project or anticipated pa ( Refemnee Mee OWNBR and dy review the the extent, if the Contract consequences Facility. If a the Contract Directive or a 3 in Article 10 avxe, During cspansible for Underground atmpmph 6.20. an unease in the Contract re attributable linty that was l�i)CWielnh of and cotki aware of tx RACTOR arnountor Price or aka a claim 2. However, }ENFEWs CTOR for incurred or connection n 4.4. OWNER alma provide cngince surveys to cobiish reference points for which in EIvG1NEER's jtulgmmY are necessary to enable CONTRACTOR to proceed with Work. CONTRACTOR shall be responsible for 1 ing out the Work, shall protect and preserve the as povtts and 1 make no changes or redoes ed reference without the prwr written approval of OWNER. TRACTOR shall repot to ENGINHER any r ranee whenevoa point is 3ost or daatruyad or requnres relocation because of necessary citsrges in graioss lotetia s d salt be lesQaigibk for the aeeurato replacement or that of such reference points by profiatall qualified Personnel A.S. Arhraror, PCBs, Petroleum, Bayern Waste or Rtrdioadive Mato" 4.5.1. OWNER shall be reaponsib for any Asbcsaus, PCBs. Petroleum, R87REiou Waste or Radioactive Material umovered or reveal at the site which was not shown or indicated in I wings or Sneci.6catians or idemiffed in th Contract Documents to be within the scope of th Work and which may present a substantial danger f persons or pr thereto in connection wi fire Work at t�sua. OWNER. shell not be r le for any such materials brought fv the site by CONYRACTOR, Suhcoanractrns, Su licrs of anyone else for wkom COA TRA OR is responsible. the Contract Documents will be binding on another party he eto without the written consent of the party sought to be bound; and spec'fically but not without limitations, moneys that may become due and moneys hat are due may not be assigned without such consent (except to the extent th t the effect of this restriction may be limited by law), and unless specifical y stated to.the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility un r the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partn rs, 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. OWNER: CITY OF FORT COLLINS CONTRA TO': Vog Co Crete, Inc. By: By: / JAMES B. O'NEILL II, CPPO, FNIGP DI TOR OF PURCHASING AND RISK MANAGEMENT itle: Date: 3 7 (D y OF e: O (CORPORATE SEAL) Attest: A City Clerk '•. .•�� ��33. 9 "' DiQ41)....••' Address for giving notices: O ddress for giving notice P. 0. Box 580 Fort Collins, CO 80522 imrr r�l�iLts CV S LICENSE NO.: Approved as to Form Assis t City Attorney 9/12/01 Section 00520 Vage 5 4<-C CaP1 i �tl t-k �ta14•iucmadantety {i�11 ia-eery-ertatiestad-t)te<eby. 13 and4+t? wt(tk-nobee_at want OWN.Ek 4*4 pratptly ee�restdFwiik-�VF31i4 Ynttng-Ike-neeev9tEY-fat C) V R to to �ve eta•*Mh Watt "age OF skim spe" Sonditiens Under wwah either -party` taaY-malte-a alaan...tharefca as -provided in agree tatoawae stab -went oanditiom,--Ahea, 4D WI& i anay.. order -sac}!- -of o�nd+tietrer-is-auc)t tt>%oted-arm-te-be doleFed-&ant agre0es to amitlementt m©r•tlw attdsatterettntt elan mithet-peegr-at®y-male .t pmrtiee-ef•the-Water fiaseerer atluss•itt•eew�daetse with-rlrtrala� 04 Reg<tlatiadopt - 4 e 1- - empleyee�- n etker oombanta-and - of -each -end -any --of Umnr#ram-end-against-el�eisims,-easst,and own A9S,3---TAe-pret�isic>t�-of-para�apits-�i.Z-••and��d-are trx--mbstt�l tit-eplslY-r ar-reva+ at the ate MIX ctNttsAL culaut1102a 19104 t1 coo tditou tv! dl'tl'(1F F(7RT ('x?Ltd NY M(7r/IftCALiO[�t5 (RF,V,ttaarxt> Ai2CfC Li? S--HONDS AND INSURANC Performance, Pavmeat and Other Boa&.- 5.1, CONCRAACTOR shall furnish P ornumce and Payment & W& each in an amautt at lea equal W the Contract Price as security for rho 6tithful formanoe and payment of all CONTRACTOR'S obl' t under the Compact Documents. These Bonds altall r am in effect at least until one year after the date when trap payment hworres due, except ns pnrnrided othenwi. by taws or Regulations or by the Cordract Documcros. COMPACTOR shall also fimush such Bonds as are required by the Supphemersaty Conditi . All Bonds shall be in the £ono prescribed by the Laura Documents ex t as provided otherwise by Laws or shall be executed by such sureties as are stun and smed in the current list of "Cam pa '05 Eloid C Authority as Acceptable Sureties on Feacral ificatea of and as Acceptable R ' Caapamae as blished in Circviar5 0 (amen by the Audit %a Bureau of Government Financial Operations, t S. Treasury rwpariment All Bcn4% sighed by an ag t must be accompanied by a co tified copy of such h ago 's authority to act. 5.2. If • the surety on any Bond by CONTRACTOR is declared a bankrupt becomes insolvent or its right to do business is term' ted in wry state where sty part of the project is lox atnd it ceases to meet the requuetnents of paragraph 53, CO. RACfOR shall with m tat days thaeaRcr substitute a Bond and surety, both of whidn must be acceptable OWNER. U. Licensed Saregec and Inawerx; C ' dates of Insurance: 5.3.1. All Bonds and insumnee re ' ed by the Contract Documents to be purchased 1.4ioll aintaitned by OWtTR or CONTRACTOR "obtained turn surety or ittstrance canpanieaera duly licentsed or authariaed in the jtriadioridwhich the Project is located to issue Bands a inscc policies l r due limiAt and tea so 'reech surety and Awrance companks shad aleat such additional requiremarts and qualificatus may be provided in the Supplementary Conditi 5.3.2, CONTRACTOR shall deliverOlkNER. with copies to each additional insured star in the Supplementary Ccebditian, certificateinsurance (and other evidence of insuranceeel by OWNLR or arty other additional iwhich CONTRACTOR is required to purchamaitmin in acco dmas with tarartranh 5.4. tanll COeNMiT 'OR'sLfaMfiryIm urente. 5.4. CONTRACTOR shall purchase and maintain such liability and ndher irs5tuatax as is appropriate for the Work being performad and fmxnited and as will provide protection from dims set forth below which may arise out of or result flan CONTRACTORS perfoumance. and furnishing of the, Work and CONTRACTORs other obligatiom wider the Contract Documents, whether it is to be performed at firritisheid by CONTRACTOR, army Subcontractor or Supplier. or by anyone directly or indirectly employed by any of them to perform c r famish any of the Work., ar by anyone for whew acts any of than mny be liable: 5.4.1. c}apns arises w A'kers compensation, disability benefits and outer similar employee benefit acts, 5.4.2claims for damages because of bodily iniMY, occupational sickness or disease, or death of CONTRAMRs employees: 5.4.3. claims for damages bemuse of bodily injury, sickness or disease, or death of any person other than C PITRACTOWs employeas: . by-.•.ec+smxttary as �7iteatdy releted�the aEt�lmyatato€aa�r person by t%lhaFT�a6n; SAS. claims for damages, other than to the Work itself, becatcse of iryury to or dreU'uchom of tattgibie property wherever ICAAWd, mcuding lass of use resultinngtherefron: ere] 5.4.6. claims for damages because of bodily injury ar death of any person or property damage arising out of the ownership, maintenance or use of any motor vehick. The policies of kdumuce so required by this paragraph 5A to he purchased and mitirtained Ong 5A.7. with respect to insurance required paragraphs 5.4.3 through 5A.6 inchsive a ,,,z� include as additional inwreds (subject to any customary exclusion in respect of professional liub ilittyy) OWNT R, ENGINEf1i, k2ICrII3EfiRs f ortsttbtants and any other persons at erta" identified in the Supplementary Conditions, all of whom shall be listed as adkltioaM insureds, arid include coverage for the respective officers end employees of all such additional rsured s: 5.4.8. include the rific t )vaalay,es and be written far art ass than the limits of liability provided in the Supplenenary Conditions or required by Laws or Regulanohs; whichever is greater, 5.4.9. inolude completed opetatio s imutmtcc; 1'. OCQ&NPRAL CONDl7t M 191"(1994 BOMM) wr CITY OF uoatr cxm AAA Atca»xtCATnxrs (REV 4n000) 5.4.10. Include contractual list covering CONTRACTOR's uukte under pamg iphs 6.12, 6.16 and 6.31 5.4.11, contain a provision or enac coverage afforded will not be cane changed or renewal refused until at prior written notice has been given MNTRAC-rOR and to each edict a identifier) in the Supplementary Cor, a certificate of insurance has been certificates of insumnoe fimr: CONTRACTOR pursuant to paragr provide); 5A.12. resain in effect at least urn and at all times thereafter whom CON be correcting, removing or reply riq in accordance writh paragraph 13.12; 5.4,13, with respect to icmpld mint ran e, and any insurance coven claims -made basis, remain in effax years after foal payment (and CON famish OWNER and each other a idrMfed in the Supplementary (%r a certificate of insurance has been satisractoty to OWNER and any insured of euntvnuation of such in payment and one year thereafter). OIVALOR's Lia laltity Iswrrrotew 5.5. In addition to insurance require CONTRACTOR. under paragraphs s C"Wn, may purchase tar OWNITts expense OVAST R's awn liab>i will protect OWNER against claims whic operations under the Contract Documents Property Insutwrrce. insurance obtiyations Jib .I anent that the 4 materially tot thirty days OAN NSR and itioualiusured ions to when. mod (and the ed by the m 5.3.2 will so opemations written on a m least two cCTOR shall anal insured ms to whom red evidence h additional nce at fmal be at at as debris removal. dootoliheo OVJ"k)wa VA46 )R vAdhef 14,4---( _ENGNM4__ TAFWA �ff �QF 19 b6ifto Iwovided that -such motav4i md eqmWeN have been domagmooul!d.�Y "lawils-5cwer ieiene by &NG&"K am ia 4h; 6VeM 4-floy lea -(Mae" SAA-bv6 immitamed-in is "Zi-4-900A QiQ_DM_&_R_:w4 W kwre&-<*- ---owa P# 0;*� li obw wA 4ksif i" _�e ba 000h MW sMitional MqW4, te -.b 3,77 OWQI�_Ml of W malf"itv itkelit boil" --"tve- anif mtmmbs t 8ohaeollmetom 'a"'M R4(,>R4r!,M+C-m" and my OOW titi.: WSea4,Ad dwages-so wwlp& -N( Moviews shell oldeffld le As fiom 5.9. OWNER WwU not be mTormble for ptffclwsmg and mainany arty mounrox to "eat the intercls of CO.- AA MR, Subcontractors or oftrs in the wwk--to th" aw WO"4 -4ho-nak-of s,w, _! VCDCOENEKALCONMOM101" (IWEdkkxO 10 WiCIIYOFFORT (X)1,1.,IN.SMOL)IFI(-AIIONS(RlsV4,'ZO(X)j �. . M s it. ♦ Rost r[ and dppllcaaen of I&wmce Proceedk 5.11 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 OWNk7( as fiduciary for the insureds, as their interests may appear, subject to the requiremeaas of any applicable mortgage douse and of paragraph5.13. OWNER shall deposit in a separate account any Morey w) received, and "It disribute it in accordance with such aVeement as the patties in interest may reach If no otter special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account themof and the Work and die cost thereof covered by an appropriate Change Order or Written Amendatca. 5.13, OWNER as fiduciary shall have power to adjust and settle any lass with the tnaurers unless acre of dta parties in interest shall object m rtrtiinngg w�ithin fifteen days after the occurrence of loss to OwWNBR's exercise of this power. If such objection be made OW'tISR as fiduciary shall make settlement with the rosier, in accordance with such agreament as the parties in interest may teach If no such agreement among the parties in uaarest is reached, OWNER as fiduc T sha,G s en djusi sad steak the toes with elm irtsta uaieaa�-LIti4113Ft--era- ry shall give-bared-far-4ha Acceptance ofBoneb aad lhwn ncs,' Lip#oa to Rgxlaee: 5.14. if QWNER has any objection to the coveaagc allbrded by or cxhei provisions of due 9 es insurance rorgrired to be to atxi maitttsined by the OR in acoor d wo with Article 5 as data basbs narconfommance with the Contract Documarts, the m+ the Partied llti"on-Properrylnsumnee. 5.15. If OWNER 5uxtc it Mary to occupy err use a portion or portions of the Walk prior to Substantial srciactmmL&comnossmo-s(tav Ecitim) WttSTY OF FORT (X)tldt♦t4 M(x'ntF(CAIIONS (REV �t2tKKr) Completion of all the Work, such use of upmcy may be accomplished in acobrdartce with raph14,10,, provided that no such use or uaupancy 11 ce mertce before the msun rs provielin *the property surance have acknowledged notice th erco� an i in wrii effected any charges in coverage necessitated thereby. The insurers providing the Iirlauntwe shall coat by endorsement tin the policy or policies ba the insurance shall rwl be canceAed or PC to a acoourd of any such partial hose or occupant: ARTICLE 6-CONTRACTOR'S RESPONSIMUTM Swptnndaa and S apainteadence: 6.1. CONTRACTOR shall supervise mopect send direct the Work Competently aril of ct , &voti% such attention them and applying skills and weper6sc as may be rtacrssary to peuform Wcxk in accordance with the Contract DOCtUnents. CONTRACTOR steal l be solely resp xzihk the means, methods, techniques, sequences and pr of construction, but C-ONTRACTOR shall not reVorm e for the negligence of others in the design or ificalum o f a specc means, method, technicpte, or trot route of cunsiuctian which is ahoy n or indicated in and expressly required by the Contract Dootauen s. CONTRACTOR shall be responsible to that the completed Work complies accurately with Contract 6.2. CONTRACTOR shall keep out the sit at all times during its progress a com resident superintendent, who shall not be replacedw' written nmice to OWNriR and ENGINEER wrier axaaordmary Clrcutttsta»Ces The supeaint will be CONTRACTOR's representative at the site shall have authority to ad on behalf of CONT OR All communications to the sup�mtenderd shall as binding as if given to CONERACEOR. labor, Materials and 114:lpntaat: 63. CONTRACTOR shall provide competent, suitably Qualified personnel to survey, is out and omnshw the Work as required by Contract Documents. CONTRACTOR stall at all tom maintain good discipline and order at the site. EixCept required fear the safety or protection of otherwise or the Work or property at the site or adjaoent o, am except as otherwise indicated in the Contract ends, all Cork at the site shall be performed du ' Tegulat working #pars and CONTRAf TOR will t parmit overtime work err the pCrformarx a of Wok art Saturday, Sunnday or arty legal holiday. without O 's wralm consent mven after prior written notice to : fNfiTiR. 6A Unless otherwist specified in the General contain or is followed by weds yea thaino like, Requuirement% CONTRACTOR: shall furnish and assume equivalent or "or-oqual" itetn or no wtsvtitutirm iq full responsibility for all materials, equipment, labor, permitted, other items of materiel equipment or tmmtmoMtion, comtssmetion equipment and machinery, material or egorpment of otla'r Sir ers may be tools, appliances, fuel, power, light, heat, telephone, water, accepted by ENOMER ands c following sanitary wilities, temrTtr � factlitim and all other facilities and incidentals necessary for the furnisltimig, Circumstances: perfornmance, testing;, start-up and completion of the Work. 6.7.1.1, 'ter Equal ". If in EN INMR's We discmum, an item of material equipment 6Q I _.. Pu�l1a�.sM Ratrtetiwa. _ proposed by CONTRACTOR frrrchc alb' T_C4�_41 magi cox tply withtha 0VA.ptuchastng tegriq ns .. A equal to that named and sufficiently similar so that copy of IJA Mlytpla s are available or review in the rah chanip in relatai Wotk willbe r uirad it may offices of the Purchasing and Risk Manag man he considered by IINGTNE, R as an "nr-equal" Dlyisiorr or the .its Clerk's office, item, in which case review and procal of the prcrgxsasd item may, in BNG 11R's sole t%4?. 4emcnt Restrictiomu; City of Fort Collins diacrcdon be accomplished wi t compliance esolution91-121 twuirestlat, ttars and p,�ucerrs with smit or all of the req ' ements for of gemcnt.ca products ced�lauyrtts._00 M m. CA - tAet acocceepptance of proposed substitute' s. 6.7.1.2. substitusn (tams: If in EN IN66R's sole NI ._ . ,_Lva_#e asg rWJm discretion an item of moteaial ant proposed by CONTRACTOR does. as 65, All materials and ecpipma shall be of good an "err-egtal" item artier su ph 6.7,1.1, it qualify and new, except as otherwise provided in the will lone considered a propoaei tuts item. Cnntract Documents. All warrannes and gaamnteca CONTRACTOR shall subm' sufficient specifically called for by the Specificaums shall expressly information as provided bab to allow non to the benefit of OARMR. If required by ENGTNM, ENGTNEFR to determine that the " of material CONTRACTOR shall fumish satisfactory evidence or equipment proposer) is essentially equivalent to (including repays of required teats) as to the kind and that named and an acceptablo therefor. quality of materials and equipment. All materials and The procedure for review by the EN INUR will agmpnent shall be applied, installed, cdnarectod, elected, in Rice include the following m em in the General Racptiranents ER basil, clmmd and conditional aorm with vruructiens of the applicable Sttpplga, except as otherwise miA as may decide is appropriate tender the reurttaw ees. provided in the Catmct Docmnentr, Requests for review of prcprd sat 'tune items Of material or equipment wilt not accepted by. fMagresa SdrstluCe: EZ•1(3MM from anyone than CONTRACTOR If CONTRACT R wishes to GG. CONTRACTOR shall adhere to the progress furnish or use a substitute ivan material or schedule established in accordance with paragraph 2:9 as it equipment, CONTRACTOR shad first make may be adjusted from time to time as provided below: written agxrliation to ENG1NEhR acceptance tha tef, certifying that the proposed bctitute will 6.6.1. CONTRACTOR shall vAmit to 0 0MER perform adegtmatefy the functions achieve the for acceptance (to the extent indicated in results called for by the #encmal deai , be similar par ph 2.9) proposed s4ustmegs in the jxogr s m substance to ff�t specified and be ited to the s It that will not change the Contra¢ Tunes (or same use as that specified The icatiat will westoeiesy Stich adustments willconkrnniu ly state the exteg, if any. to which evaluation to the prt�then ass schadu a in elfed and ly and acceptance of the itule will will comply with sty povistom :of the General prejudice CONTRACTO "s achi vemeng of Requirements applicable thereto. Substantial Completion on time, w or not acceptance of the substitute for use the Work 6.6.2. R adjusimets in the progress schedule will require a charge ut any of a Contract that will change the Contract Times (a hitlestonas) Documents (or in the provisions any other stall be submitted it accadlarx;e with the requi'anents diroct contract with OWNER for ork on the of paragraph 12.1. Such adjustments .may only be Project) to adapt the design to proposed made by a Change Order or Written Amendment in substitute and whether or not, rim or use accordance with Article 12. of the substitute in correction with Work is subject to payment of any license fe or royalty. V. %bsittutes and "Or -Equal" Items., All variationsof the prnTA . submit from that specified will be identified in the app 'Nation and 6.7.1. Whenever an item of material or equipment is available maimireninom, repair and eplacemnent specified or described in the Contract Docuriment% by service will be indicated The A', cation will using the name of a item a the name of a �sp�n also contain an itemized estimate of I costs a particular Supplier, or ddurript'on is credits that will result directly or ectly from ntendiai to establish the type, fanctran and quality acceptance of stitch substitute, irnckt costs of requirwL Untess the specification or description redesign and claims of other onrara m affected E1CDC OENlRAi. wNmiT ow l9l"(1990 Botiam) 12 WeC1'rY OF Ft1RT C'.OS.IJrt4 hleaNftCATtOtY�tlLfi'V82aaae by the resnchange, all of which will bo considered by ENGINEER in evaluating the prosubstitute. 24GINEER may ra uire C (7 RACTOR to futnlsh additional data about the proposed substitute. 6.7.1.3. COMMCTOR's tapoue: A]I doto to be - provided by CONTRACTOR in support of am, proposed *orequal" or substitute item will be at CONTRACTOWseq3am 6.7.2. Subshhte Conshwclion Mettloch or Pnvedums_ If s specific meatus, method, technique, sequence or prox.:eduie of construction is shown or udiooted in and "pressly required by the Contract Documents, CONTRACTOR may furmsh or utilize a substitute means, methud, technique, sequence or procedure of construction acceptable to 13NGINf3ER. CONTRACTOR shall submit sufficient informitioi to allow ENGINEER, in IE+I0MBER's sole aliscrotio n, to determine that the subatiunte proposed is equivalent to that oWessly, called for by the Conhsbt bocuments. The procedure for review by ENGiNEER will be similar to that provided in wbparagmph b.7.1.2_ 6,7.3. Engineer's E'vahuation: ENGINEER will be allowed a reasonable time within which to cvaluste each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 67.2. ENGINELt %Q be the sole judge of acceptability. No ur I" or substitute will be ordered, uuctlied or utilized without ENGINEER's prior written actapaince which will be evidenced by zither a 00 der or an approved Shop LNawmg O ER mayy rceqqutrtre CONTRACTOR to furnish at CONTRACTOWs expense a special performance guatatnee or other surety with respect to any "or -equal" or substitute. ENGINEER will recoils time required by ENGINEER and HNGTN'EhR"s ComultaMs in evaluating subetitmes propcetd or submitted by CONTRACTOR pursuant to parag%pls 6.7.I 2 and 6.7.2 and in making chaugcn in the Contract Documents or in t prolusions of any other diwA contract with OWNER for work on the Project) ciocasioned thereby. Whether or na ENGINEER accepts a substitute item so propoged or submitted by CONTRACTOR, CONTRACTOR shell reimburse OWNER dbr the charges of ENGINEER and ENGTNEER's Cosultants for evaluating each such proposed substitute Am. &S. Concerning Salmwatudo", Suppliers and i5t em: 6.8.1. CONTRACTOR shall tux employ. any Subcontractor, Supplier or other person er tulles (including tht se acceptable to (JXi [ 11312 anti ENGINEER as indicated in paragraph 6.8.2) whether unit telly o as a stthstittue, against whom OWNER or FNG : TER may love reasonable objection. CONTRACTOR s M not be required to employ any Soltcontrsotnr, Supplier or outer persist or organization to humsh or perform any of the Work sgainst whom CONTRACTOR has reasonable objection. MI?CU WMAL COMMONS 1910-9(IMB4101) WtC4"rY OF FORT (MUM MOD*1CA710N5 tRF.,V 4.2DM 6a9: 68.2. I! tk Supplantutuory...0 li �Si{iduag l?o unfanA; require the identity of certain Subcontractors. Suppliers or other pea»wts or dranizatiots (incltndtug those who are furnsh the Principal items of materials (x equi tens) to be submitted to OWNER in-adwirtee-of date prior to the Effective Datt of the ent fox acceptance by OWNER and KNG :ER-anud-it OWNI ks: or ENGI.N%ER's (eillner in writing ur by failing to make written obj etion ihado by the date indicated for acceptance nit objecnon in the bidding documents or the Contract cumaals) of ENGINNSK No soupta= by C WNUK or FNGINEER of any such Subcontractor. Supplier or odder person or organization shall wastib te a waiver of any right of OWNER or ENGMf R to reject ekfeCft LVoik 6.93. CONTRACTOR shall be fully n to OWNER and ENGINEER for all acts a onix arts of the Subcontractors, Suppliers and er perms and organnmtions pa%ptting or fit ' i any of the Work under a direct or indirect et with CONTRACTOR just as C ONT OR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract D ents shall create for the benefit of any such S Supplier OF other person or origin lion any ountracrual relationilnp between ER or fNIGINEER and any such Subcoxdracnx, . upptier or ashes lxrstxt e' t t a " tim troy stall A zf eate any olskgauon on the part OWNER er EN ' EER to lay or to see to the paymad of any in due any such Subcontractor, Supplier or other n or organiattion a top[ as ma otherwise be r gzred by Laws and Regulations. 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work. of Subcontractors, Suppliers and other parsons and organizatioe performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shell require all Subcontractors, Suppliers and such other parsons and organizations performi nes or Mrilishms arty= of the Wait to communicate with the ENGENUM dvv* CONTRACTOR 6,10. The divisions and sections of the Specifications sad die identifications of anyy Drawings shall not control CONTRACTOR in dividing the Work among Subcontracurs or Suppliers or delineating the Work to be performed by any specific trade. &I1. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an Apr psi agmement between CONTRACTOR and the Baboon dor or Supplier Which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the be wfit of OWNER and ENIGIN)MR. der-env-sueh�naremtrent Patent >`aes and Royalties: 6.12. CONTRACTOR shall pay all license fees and loyalties and assume all coats incident to the use in the Ndieraanwe of tine Walt or dte itecoEpat Win, in ttta Work of any invention, design, pro sass, product or di vice which is the subject of palms tights or copyrights held by shears. If a particular iiweition, design, pewees, product or device is spwW in the Contract Documents for use in the performs nx of the Wok and if to Ehe actual knnowietip of OA14PR or CNGINNT1 ERR its use is subject to patent nghts or copyrights calling for the payment of any Incense fee or royalty to others, the existence of such rights small be disclosed by OU NW in the Contract Documents To die fut6st excel permitted by Laws and Regulation CONTRACTOR shall iixkattnify anal bold harmless OWNPsYt, KNGINEEK FAGINEE:R s Consultants and the oitfrosrs, directors, employees, agents aid other consultants of each and any of them front and against. all claims, costs, losses and damages arising out of err resulting from any inlringemott of paten ripJnle or copy incident to die use in the performance oI doe Work a re>atlting from the incorporation in the Work of any invention. design, , product or device not specified in the Co mact Documents CGC otartt'R& CONUTEOM 1910.5 0990 E&Mo l4 EJwrarrOFtORTCxa.talasstirrwtctTtaxs(ativatztxm) Pennies: 6.13. Unless otherwise �ovided in Supplementary Conditions, CONTRACTOR shell obis' snot pay For all construction permits and livemcs. O Mall assist CONTRAC:`rM, when nam; in sting such permits end licenses. CCDiTRAGT0 stall pay all grnentmertAsi charges aid iluspection f necessary for the prosecution of the Work, which are a tpGce at the Onto tti opwtirg of Bids, x, if there arc Bids, rn the Effective Uato of the Agreement. CONE ACTOR shall pay all charges of utility owners for c ctians to the Work, and OWNRR shalt pay all ch of such utiliry owners for capital costs related dtereto such as plant investment feft a ll ., La" andXegnfatloas: 6.14.1. CONTRACTOR alma 1 notices and I%giv�o compIy with all Laws and Regulati applicable to Wrrashirng and pedbernarwe of dne where oil. Eww�tt otharwiae expressly axpdirod Laws and Regulations, neither applicable WNER nor ENG1NM shall be responsible monitoring CONTRACTOR's compliance with nY laws or Regulations. 6.14.2. If CONTRACTOR perfo1wor y Work knowing or reason toknow contrary to laws or sheen, CONTRAhall bear sit claims, coats, losses and lamused by, arising out of or resulting tharefrom;r, it shall sot be CX3NTi sCTOAs pristtaryibiil Spas i to make certain that the tiorts wings are in accordance with Laws and Regbut this Mall not mime CONTR of C'ONTRACTOR's obligations underph 3.3.2. Taos: 6M. CONTRACTOR shall pay allonsumer, use and other similar taxes reyutredpaid by C'ONTRACfOR in words we withaws and Regulations of the place of the Phich are applicable during the pedonnoiwe of the �•s_ �.. !.ns;t.n W � err:. t_ 37 Strgt fa_eIyf9� 3WS..R .I.. Sales_ and _ Ilse ,Taxes.,, far the State,._ of_Cokraiin, ,Qiqutl Transportation District iRTDi snot serSain t ada aaiuuias are fQ acted by the State of i?14na4p.. ?...0 ..imaju SA.._ul ..Ctsttfcatt4n._4 an, lected tax*,on any _gip ins erica. _ ;. got nta;ign oroteca am to be raid C:F'.SNTRAC"t'OR And Ara us be rrtcluded at ai>p� hate atoms use of Premise&• 6,16, CONTRACTOR shall confine construction equiimwa, the storage of materiels and eWipment and the aappna��ticuua of workats to the site and land and areas identitied in aced permitted by the Contract Documents and other land and arms permitted by Laws and ions, rights -of --way, permits and easemems, and "I not unreasonably encumber the premises with ccvtstrocticm equipment or other materials or equipment. CONTRACTOR TOR shall assume full resptrtsibility for any damage to any such land or arcs, 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 rite Work. CONTRACTOR shall promptly settle with such other party by negotiation or of av nsc resolve the claim by arbitnitim or other dtaptt(a resolution proceeding or at law. C(WTRAC TOR shalt, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGRGIUL ENGE113FR's C ormiltant and anyone directly or inrk c4 employed by any of them from and ageing all claims, coat%, losses and damages arising out of or resulting tram any claim or action, legal or equitable, Lrwtghu by any such owner or occupant against OWNER. LNGINEER or a other party irndcmnified hereunder to the extent caused 6y or bused upon C%1N['RAC'.TORspeaformarimofthe Work. 6.17, During the progress of the Work CONTRACTOR shalt kasha the premises free tan accumuhatiats of waste materials, rubbish and other debris resulting kow the Work. At the completion of the Work CONTRACTOR shalt remove all waste materials; rubbish and debris from and about the premises as well as all tools, appliances, construction etuipment and machirery and surplus materials. CONTRACTOR shalt kave the site clean and ready far ocetipam-y by O6t NPP at Mstantial Compledwt of the Work. CONTRACTOR shall restore to original condition eat propetty not designated forahereticm by the Contract Documaim. 6.18. CONTRACTOR shah) not hail nor permit any pan. of any structure to be leaded in any manner that will endanger the uarucwrc, not slink COiVTRAC TOR subject any part of the Work or Aacent property to stresses or pressures that will endanger it Reemvf DoetmMis• ri�ucr�s,�atAl.�omxnarus ruse CtA9gf;cttava) cal CITY bF FC)R'r C'FlLt.ttw4 M('aaff1CA77C)Id4(sny 4PraM7} 6.19. CONTRACTOR shall maitvaat " a safe place at the site one record copy of all Tatawings. Specifications, Addends, Written Ainendtnents Change Orders, Work Change Directives, Field Carden and written interprdatiom and cianfications (issu pursuant to pamgmph9.4) in good order and annota to show all changes maw during construction. hese record documents together with all approved ." rapier and a counterpart of all approved Shop Dra " gs will be available to FNGINIMR for rafer+atce. L oarnpletim of the Work apti. prior to cal m of final ymern these record documents, Samples and Shop Dm traps will be delivered to F.N(slNITifiR. Far 0%''NFR Safety and Fiatacutan: 620, CONTRACTOR "ll be r usable for imttatinig, maintaining and xuput'Zing all safety precautions and programs in ccamecGon w the Watk. CONTRACTOR shall take all ncoessary utions for the safety of and shall provide the necessa protection to prevent damage. injury at lass W 6,20.1. all persons on the Work site or who may be affected by the Work, 6,20.2, all the Work red materials and ipment to be incorporated thxrciri, whether in . on or of the site, and 6.20,1 other properly at the site or ad' t themto, including trees, shrubs, lavnts, walks pavemet8s3 randwaya, stnictivas, utilities arch tudacRrottod Facilities not dcsigrmted for removal, location or reptacern" in the course of earstructi CONTRACTOR. shalt comply, with at] split ble Laws and Regulations of any public body havir j 'sdidion for safely of paeans or prape y or to pxatact them from damage, injury or lass; and shall erect and aintain all necessary safeguards for such safely aid protection. CONTRACTOR shalt notify owrwYs of adj property tad of owcitdiewhen ,on opFalii prosecution 8ne Work may affect tFxmn and shall to with them in the protection, ranov cooperate relocations of their property. Alit dam uty or Ion to any property referred to in 6.2ts.3 or 6.20.3 caused directly or iralirtctly, in whale in part, by CONTRACTOR, any Snbvontracla, supph or any other person or organization directly or indirectly e mplayed by any of thrum to perform or furri . any of the Work or anyone for whose acts any of cheap ma be aiahit, shall be remedied by CONTRACTOR. (except get or loss attributabie to the fault of Drawings err cif cations or to the acts or omissions of OWNER or EN t ' ' or VOINMRs Consultant or anyone employed by airy of them or anyone for whose acts any of them ma reliable, and not attn"butable, directly or indirectly, in ole or in Qu't, to the fault or negligence of CONTRACT R or any Subcontractor, Supplier or other persem or or rniaataon directly or indirectly empktyed by any f them). CON RACTOR's ditties and ilaliCies far the safety and protoction of the Work ehainue unfit eh time as all the Work is completer! and EVGTNU,.R s issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 1413 that the Work is acceptable (except as otherwise expressly provided in connection with %Ubstamial Compietim). 6.21. SaferpRepreamaidre: CONTRACTOR shall designate a Vahliitd and experienced safety representative at the site whose duties and refipmibilities shall be the prevention of acacidets and the maintaining and supervisirng of safety, precautions and program& Masard Commrunication Programs: purposes required by pamplih6.2 . 7'hc numbers of ewb Sample to be submitted will as specified in site Specifications. 6.25. Subrmidai Practd M.. 6.25.1. Befoirc submit* each S Drawing or Sample, CONTRACTOR shall has determined and verifitd: 625.1.1. all. field rumvirem 4, quantities, dimetahars, specified per time criteria, instai{ation requiremems, ma isK catalog, numbers Aral similar inf xiiami with respect therm, 6.22, CONTRACTOR. ill be responsible for oraurd mating any CWVJW of material safety dale a viets or fi 25.1,2. all materials with t to intended other hazard communication information required to be use; fabricatim, sha{hprrg ing do made available ro or >xchanged bdmeuu or eirnog aeseanh�ty and irataliation ruing to the employers at the site in aceardance with Laws or patfmrance of ttne Work, and Regulations. 6.23, In emergencies affecting the safely or protection of persons or the Work or pretperly at the site or adjacent thereto, CONTRACTOR, without spacial instruction or authorization from OWNER or ENGINEER, is obligated to set to prevent threatened dame nrltury or loss. CONTRACTOR( shall gg rvve hN4R�R pronpt written notice if CONTRACT R Mdieves that any sVtiftcent changes to the Work or varuitiou Gom the Contract Documents have been caused thereby. if EMINEER detormittes that a dw*c in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emerVacy, a Work Change Directive ox Change Order will be issued to docamatt the o:onnsequecees of such action 6.24. Shop Dt%wkk" and &wpies: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER far review and approval in accotdmica with the accepted sehadule of Shop Drawings and Sample vA mittak (see paragraph 2.9). All stlbmitt h will he idesntified as ENGINEER may requae and in the number of copies specified in trio General tremens. The data d own on the Shop Drawingswar be complete with respect to quantities, dimetwons, specified performance and 'drat 11i criteria, material-. and similar data to shots PNOMBER the materials and equipment CONTRACTOR pniposes to provide and u, enable F.I40MMER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONrliacTOR shall also submit Samples to 040TINHER for review and approval in so"dame with said accepted schedule of Shop Dtawinp and Sample suhmatak Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intnuled mid otherwise as ENGINEER may require to enable RNMY TRR to review the submittal for the limited MDC (AB "AL Ce)Npt1M4 01e-8-(19" 6at(oa) 16 wrary OF r(aTcoi IM MOMWAurmrs(M 2oea) 6.25.1.1 all itilc mation relative to CONTRACTOR's sole tesporoibi 'ties in respect of meats, methods, tachmr quences and procedures of construction and precautions and programs incident thereto. CONTRACTOR. shall also have eviewed and coordinated each Shop Drawing or pie with other Shoop Drawings and Samples d with the requrrements of the Work and he Contract Do"a to 6.25.2. Each submittal will bear a s p or specific written indication that OONTRACTO hies satisfied CONTRACTOR'S obligatieas under the Contract Documents with respect to CONT OR's review and approval of tat submittal 6.25.3. At the time of each submission, CONTRACTOR shag give ENG specific written notice of such variations, if any, t the Shop Dravrag or Sample submitted may ve from the rapiire mews of duo Contract Doeum such notice to be in a written communication aepa from the submittid; and, in sokhticin, Shan rznu a specific notation to be made on each Shop wing and Sample submitted to ENGiNEER for review and approval of each such variation. 6.26. ENGfKM will review and , eve Strgt Urnwurgs and Samples in accor#a oo with Ua scedule of Shop Drawings Sample by and sulimittaLv ceptral WGINBER as required by pmagrtph2.9. IN$ta, review and approval will be only to detetau if items covered by the submittals wKti after hla"c" ar Incorporation m the Work, confCsnn to the mfermanerl given in the Contract Documents and be core table with die design conwo of the canplc�od a jest as a fun ctionng wiaile as indicated by C'ontmct Documeri ENGINEER's review and appr al will rat Word to metros, methods, tcchnigmcg moos or procedures of ChralnCilai (exel Where paRi(U}aC means, method, technique, sequence or edwe of aumuuetion is specifically and expressly called for try the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a to item as such will not indicate approval of the a�mbiy in which the item functions, CONTRACTOR shalt make corrections required by ENGINEER, and shall return the, rewired number of corrected copies of Shop Drawings and submit as required new Samples for review ant approval CONTRACTOR shall direct specific attention in writing to mvisions other than the cerrWids called for by ENGINTFs .R dies previous subnitma 6.27 ENOMWs review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from migx nsibility for any variation from the requirements of the Contract Documents wilass CONTRACTOR has in writns called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENCiMM has given written approval of each such variation by a specific written notation thcreofincorporated in or accompanying the Shop Drowig or Sample eppprotvrot- nor will any approval by ENGINEER relieve CONTRACTOR from resptutsihlity for complying with the requirements of paragraph 6.25.1 6.28. Where a Shop Drawing or Sample is rot-wred by the Contract Documents or the schedule of Shop Drewirg and Sample submissions accepted by ENGINEER: as required bu ph2,9, any related Work performed prior to EIgG 's review and approval of the pertmerit sodmtinal will be at the sole expense and resdnortalh ivy of CONTRACTOR. cmduiterxethe Work: 629. CONTRACTOR shall carry on the Wok and odhbre to the progress seltahuhc during all disputes or disagreements with OWNER. No Work shalt be delayed or postponed pending resolution of any ds'pt tes or dtiasgn+ements, exopt as permitted by paragraph15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.3& CONMC.'TOR's Genets Warrmtgr and Cdtamntse. 6.30.1. CONTRACTOR warratus and guammees to OWNER, ENGINEER and ENGINU :R's Consultants that an Work with be in accrndauuoe with the Contract Documents mil will not be ddective. OONTRACtOR"s warranty and guarantee hereunder excludes detects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by parsons other than CONTRACTOR, 3ubcon nsictom or Suppliers; or 6.30.1.2. normal wear anti tear tinder normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Nuke of the following will constitute an as, "rice of Work that is not in V01)( VUCRAL GOM.IONS 19104 (19" Edtirim) w/ CIT' C)x FORT ebt.r.ti»u MCA)flFI CAn0MS (RF.w 4a0M) accordance with the Contract Docu m, of CONTRACTORS obligation to pe in accordance with the Contract Docu 630.2.1, observations by ENG] 6:30.2.2. recommendation of n final poymem by LiNOWEER: 6.30.2.3, the issuance of a Suhgantial Completion or an OWNER to OONTRACT'OR un Doeummm, 630.24_ use or oocupency of i pan thereof by OWNER; 6.30.2.5: any acceptance by C failure to do so; 6,30.2.6. any review and app Drawing or Sample submittal or nohow of noeptability by FNial to paragraph 14.13; 6,30.2.7. any inspection, test or others; or 6.30.2.8. any correction of OWNEli. lndantaifioadow 631. To the fullest emcm patmittcd by Regulations. CONTRACTOR siwll itdemni or a release n the Work W ER; progress or Ilifioift of ayment by he Contract t ork or any harmless OWNER, ENGINEER, Consultants and the of$cexs, directors, emplo and otter consultants of each and any of against all Skims, costs, losses mid damages but not limited to, all teas and oharges o architects. attorneys and other professionals or arbitration or other dispute resolution costs) Work, providartsev Ott ed or raw to s d a claim, cot loas () is attributable to iajuty. siclurms, death, or to injury to or deer of iargili (other than the Work itself) including the 1 resulting therefrrsn, and (6) is caused in whop by any nq;ligat act or emission of CONTRA( Subcontractor, any Supplier, any person or a directly or indirectly employed by any of them or furnish any of tie Work or anyone for who of them may lie liable, regardless of whether or in part any negligence or omission of a pcm indemn' ted hereunder or whether liability 1 ulxm such indemnni lod party by Laws and I regardless of the negligence of any such penscn sx or any of a Shop uerrce of a t PMU04 mproval by ."Mork by Laws and aid told GINEER's =a. agents from and (mcktd* d all court caused by rice of the r damage: For oaita6used ttsa part any ion rm any 6.32. Ln any and all claims against O or VNlGINEER or arty of their respective corsuUta . agents officers,. directors or employees by any employ (or Use sunvivar or l rcpresemativc of,aIN loyee) of CONTrACMaany Subcoritract, any S tier, any parson or organization directly or indirectly eon loyed by 17 SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Vogel Concrete, Inc. (Address)1313 Blue Spruce Drive, Ste. B. Ft. Collins, CO 80524 (a Corporation), hereina the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) PO Box 9271, Seattle, WA 98109-0271 hereinafter referred to as "the Surety", are held and firml, of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 8( Corporation) hereinafter referred to as the "OWNER", in t $1,491,976.37 in . the United States, for the payment of which sum well and tru. bind ourselves, successors and assigns, jointly and severally presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the F into a certain agreement with the OWNER, dated the 21st day 2006, a copy of which is hereto attached and made a part performance of The City of Fort Coll CONCRETE PROJECT PHASE II; BID NO. 5847. NOW, THEREFORE, if the Principal shall well, truly and faithfi duties, all the undertakings, covenants, terms, conditions ar said Agreement during the original term thereof, and any exi which may be granted by the OWNER, with or without Notice tc during the life of the guaranty period, and if the Principal s. claims and demands incurred under such Agreement, and shall and save harmless the OWNER from all cost and damages which i reason of failure to do so, and shall reimburse and repay the 1 and expense which the OWNER may incur in making good any de obligation shall be void; otherwise to remain in full force and Bond No. KA2427 r referred to as bound unto City 22 a (Municipal penal sum )f wful money of to be made, we firmly by these 'incipal entered f February , hereof for the ns project, .11y perform its d agreements of ensions thereof the Surety and tall satisfy all fully indemnify t may suffer by OWNER all outlay fault then this effect. 7/96 Section 0�610 Page 1 any of them to perform or furnish any of Ute Work or anyone for whose acts any of them may he liable, the indemnification obligation under pmagraplh6.31 shall not be limited in any way by any limitation an the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or sT such Subcontractor, Supplier or other pasort a orgarvrstron under workera' compensation acts, or other employee basefit acts. 633. The indemnification obligations of CONTRACTOR udder . ph 6.31 shall not extend to the liability of ENGINEand ENCIME R's Conswmnts, officers, directors, employees or manes caused by the professional negligence, errors or omissions of any of them. biuvhw/ of Obligations: 6.34, All representations, indcainifications, warsuatics and guarantees made iR required bt' or van as in accordance m with the Coe a Documenrs, as well all cmrtinumg obligations indicated in the Contract Dooumatts, will survive final payment, oompletion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 fYPEIFAt WORK Rotated hlralli at .ww 7.1, OWNER may perform other work related to the project at the site by OWNER's own fcxom or let other direct contracts therefor which shall contain (kneral Conditions similar to these, or have other work performed by utility owners. If the fit that such other week is to be performed was not noted in the Contract Doctutta ts, that: (i) written notice thereof will be given to CONTRACTOR fro to starting any such other work and (�ii) CONTRACTO may make a claim therefor as provided in Articles 1 I and 12 if CONTRACTOR believes that such performance will involve additional experm to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thareaf. 7.2. CONfRA(.71'O 2 shall af%sd each oth r connecter who is it party to such a direct ociah-M and each utility owner (and OWNER, if OWNER is perfuming the addkioal work. with OWNER'S employees) proper and safe access to the site and a reasonable apQartunity tot the introduction and slaw of materials arui egnipmet and the execution of such other work and shall lxoperly connect and coordinate the Work with theirs. l less otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, flung and patching of the Work Out may be recNired to snake its several parts come teSvilwt rIV arts integrate with such other wort:.. TRACTOR salt not aidimgcr any wcuk of otters by cutting, excavating or otherwise altering their work and will curly out or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties an l reMisibilitics of (X)NTRAMOR under this patag�aph axe far Ole benefit of such utility owners and other contractors to the extent that there ate comparable WDCQGidAkAt CANAi1tom 1w's (1990 $dwm) Is w?CITY OFMATCYnt 3NSMOINFICA11ONS(1x6Vatanra) provisions for the benefit of CJN`TR. do said direct contracts between OWNER and sue utility owrc and ocher contractors. 7.3. if the ,proper execution or results of arty pad of CCJNTRACTOR's Work depends upon xir performed by Am under the Article 7, CONT CTOR shall inspect such otnet work and Often y repot to LNGlI`i ER in writing any delays, defects deficiencies luxe h atlxx work that render it unavailab a urxsuitublc for the OrVer execution and rasuhs of CO ITRACTOR's Work CONTRACTOR's failure so report will constitute an acceptance of such other w & as fit and proper flu integration with CONTRA TOR$ work except for latent or nonapporent defects a d deficiencies in such other work. Cooriffaadaa: 7.4. If OWNER contracts with ot4as for the ollorirmanot of other work on the project t the site, the wing will be set forth in Supplant entary lConditimw 7.4.1- the person, firm or corporation will trove authority and responsibility fbr Cian of the activities among the various prime comer its will be identified; 7A2. the specific matters to be cov red by such authority and responsibility will be itam ; and 7A.1 the anent of such aiy and responsibilities will be provided. flntexs otherwise provided in the Sr Conditions, OWNER shall have sole ai responsibility in respect of such coordination AIMCI F B-OWiNER`S RIMON6 MSTIF.S 8:1,up as otherwise provided in ill a General CorAtiats, NVIM shall issue all comm 'cations to CONTRAC rORt]uvughIN3II+TEFR. 8.2. In rase of termination of the ern em of f� GMEM OWNER shalt appoint an ark err against into whose status under the Contract In 11 be that of the former FNGIN79ER. 83. OWMRP ;stall furnish the dais uired of OVAQM under the Contract Documents ptly and shall make payments to CONTRACTOR pr ptly when they are due asprovidedinpm%Wnpls14.4mm 14.13. 8A. OWNER`s duties in respect of pros and casements and providing enginecrmg establish reference ports are set forth in par. and 4.4. Paragraph 4.2 refers to OWNER`s and making available to CONTRACTOR reports of explorations and tests of subsurface at the site mid drawings of physical conditions lands rs to is 4.1 existing structtres at Of cantiguaus to dta Site that have beet; utilized that bas been made mid Ux quality of do various a cts by d?NGINMA in preparing the Conimcl I'kneu Oms of (X)N1'RACTOR's executed Work. Fiescd on irtformationobtENGIN 8 3 TARR. will endeavor orr for thevhenel t of OWNER to determine, in genial, if the ""arkIts is proceedinngg rn fordrinpampgaphs3:5-titrcntglt3lA accegr3trwe with the tontrnct Ijacumom EI3Glh'EER will net be mquir ac to make exhaustive or continuous on- 8.b. OWNER. is obligated to execute Change O n*s as site inspectiOAS to clteek the quality or uanU. of the indicated in paragraph 10.4. Work. IINGINEER's efforts will be acted toward providng fox OWNER a gneu ca degree of rdome that K7. OWI%R's responsibility in respect of certain the completed Work will conform g Illy to the inspections, tests and approvals is Set forth in Ccraract Documents. On the basis of so visits and on. paragraph 13A, site obsetvatims. HNGlNEIFR will k ep OWNRR Wombed of the progress of the Work and 'll endeavor to 8.8. In connection with OWNER's right to." Work or guard OWNER against defective Work. P,NGINEER s; suspend fork, see hs 13.IR and U L visits and on -site observations are suhj ct to all the Paragraph 15.2 deals with Um's right to tennirmte luuitatias on t, , tEER's authority re*sisibiiity services of CONTRACTOR under certaincucumstances set faith in 9.13, azrd rttcu , but without limttatirt, &atrg or as a rrsuIt of tG 13I2'a orb -site 8.9, The OWNER "I not supervi-A direct or have visits or oUservat'onI of t idTltA OR's Wcrk control or autlxuny am, nor be responsible Tut, ENGINEER wilt not supervise, dtrcct, or have C:ONTRACTCIR's means, methods, wj niqum, sequences authority over or be responsible for CO RACTOR's or procedures of construction or the safety preeaut:axna and means, methods, wetmique seyuanM or ocedures of programs incident thereto, or for any fdl= of constructor or the unfety yrecas incident CONTRACTOR to comply with Laws and Ragulatians dmvto, or fix any faiure of C0 RACTUR to liable to the furnishing orperf xi cane of the Work, O NI3R be ix comply vritdt I.,aws aril Rep ula ions appl came to the frnn�ing Witt riot bk C ONTRACTOR's or performance oft a Work. failure to perform or furnish Work in soaxdance with the ContractDocuments. f' 4tto RLjrP7Srprarpve: 841G----OWt 's.eesp ity-itt resl3eat a€un aebow 03, If OWINFR arm{ E 11; EEB agroe> 6NGINFJiR wilt furnish a Residers I'toject R e to asaist Itad oaaive-IrIatraielq-unaove+�d ore revealed *9*-site-is ENGINEER in ptoviding mare «usiuwotcs ation of the Work, flee r �onbilit and a erority and limitations thereon eon any such Roar t Project Representative and states will be as provided in pamgm*9,3, amend 9,13 of im's moans of these GeneralawWwid WNER to O at the site another mt�v moENO tive or ogeat taAent ci- employee, the responyy andlimitationns thereon of such be asprovided in ARTICLE 9.-ENGTNitE{2'S STATUS AI3PXW. of thesetianeral Conditom I CONSTRUCTIONa _Btssidr�-_Ptoies3_-l; 0017 ER's RgmuwnradVW 9-1. ENGINEER will be OWNERS representative during the construction period, The dcutes and rea�x>m Ibiliues and the lunitatirms of authority of ENGENMR as OWNER's reprtstrAative during MIStructicm are set forth in the Contract Doo menns and shall not be extended without written conisem of OWNER and ENGINT13R riisits to Site: 9:2. ENGBTEER Will make visits to the site at inwMLS ap}xo .ate to the various Stages of conatrociion as 6NGIINIMR deems necessary in cider to observe as an experienced and qualified design professional the pry E?Ct�GE,�'ItAL CONrRT101� n5Je8 (r794ESnig1) I 19 Wi CITY OF FORT CrN.iJM MOO FICATIONn (REV 412(M) 9.121- C(VLcMgM _ULd a MgdM-Agm- - meoUng with the CONTRACTOR such as prom;sqmliox -—-pz-At xgco M)d 04W iqbopdor-c" pretwew and mr-c—ttlitt-emo.m—of alrmtomof mv—chm 4311.1.2.1Lift-ism WSW wAh.. CQN ILm �JIZAML.,&Aipg ponaimay 11 Lh OQINTRACTQRa,-%Mcnntc!ndft io assist the MNITT OR in urkdasbknding the , Do umettis. 9.3.1 :r&�gr-CA fm mom execution of the Work, MN� lflN�TOR of the �commm�wmcnt of mm&. mitim 1 '.*on if The aubmimion haa 11�- N9I--M—To-vmL�ENQI-IILERR t?fc. Irectitms 9.12.4, 1. Corod= oo,*4 obamtiom opm togma ON ENGRME = InTdotmemm"IyunAamItkemorkis qgR;gm.m W mmmim=. icPrMW 9b1 2�*- IeMV jungkomo-Mg ftkQjqcm'�-,4t3 tile ING, Ima, 9.3.25 when clunificati(m and -ln� �Imuom of �tho Contact it Tkic=ents P-q imxf y the CMOL&Csidd�d evaluate ( TOR'S amostiom for FXDCOENERAI,CONEXMOMIOI"ll"oE(Mi%,) 20 W. CITY OFF(7RTMfJMMMf7lrATION'i(Rf,,V4/2(M) n,,,F,, 49tiom and Ag, rt Ejo, N-Ohm TRACTOR de-CIMM)mled t53, --WR Arawirms end se Aft E rr of bw c -41ntrad DWM g Field Or . additi I draw' issued spbseagent to the exec taro met_ ENGIN I" jiftay.clogiopq of the C MUM and J-0cum" yart Form,car Ib to aurstamr, of work d"uroctichames 'tiMA bst ims in t Ons in Mp detailas I 9.3,213. Retmnd 2WmW the amen. s of all addre�es and tote c nNtrzaCTORS submvii im mc—Iraw. L'or—sOmm-mm pmmaterials or start o ire of the 93,218,3 L>raft d 0 (tan gad_. Walk I7i[a,nv� Chu LN find to A P��m e biicm Work t v dd orclOm 93284 Re Immedi ately t ENGINEER notim mucularIv the relauceisluo of Jltt pha91p1f,..t.�S h v L deliver._ at the site t not rncexpcva _._1n_._._ Work• 9.31110, _C901pl6nn, to RAC a list of observed items ram' ing caration cu oarnplaion 9.3.? 10.2. Conduct foal iralhection in the ami of the ENGINEER Ol�VMj9 and Ct NT TOR and urtuare a final list or items to be c-greq-tedor warrilelfti. 993,2,10.3. Observe that ult itonu> at the �1mm11LOMM i carmeted en L make reaz imeridittions to ENGln1f BR coricamift MAMVM. 9.3.3. Limitation of Authority:. The Representative shall not: 9.3�3.1, Authorize arty davi�tiong,from the Contract Domants, or aecem arty suhstkute se. ter • sly; s • : "yr ,..-t;� r 93 3 S Advise on or }slue dtmtions gran and mtihcxams fn rxairestinns with �W���,6���._�t-vin-t�_ �submittals from Other er twi_ he TOR9_3.3.7.:..._....Autharirc. OWNER:_._tt..__eccugy....ihc Work iawlryZlg as jn Dart. 9.3.3.8. Particirtatc incraalis d field pr latxxak teas or in ions cmductad others � Clarifications and lateipm"aim 9A, ENGINEER will issue with reasonable prompncss such written clarifications or interpretations of the EJch?c OLN&tAI.. COND1770N 191e3 (19" Edtim) a! CITY OF Forty (RN,IIN9 MODIFICA'IION.4 (REV 4J2raNh) requirements of the Canoed Documents (ii Drawings of otherwise) as ENr'ifNEF,R m necessary, which shall be consistent with the reasonably inferable from the Contract Doct written clarifications and interpretatiom will OWNER and CONTRACTOR If CONTRACTOR believes that a written cl otterpretation justifies an adjustment in the ( or the Contract Tunes and the parties are in to the amount or cidet thereof, if CONTRACTOR may make it written clan provided in Article 11 or Article 12, Autherhziid Variakans in Troll; 9.5. ENGINEER may authorize minor the Work f)Lan the requirements of Documents which do not involve an a u Contract Price or the Contract Times and a with the design cor=pt of the completed funethcsring whole as indicated by I Documents. Throne may beaecomplictadby and will be binding on OWNER a CONTRACTOR who shall perfnrm the U promptly. IfOWM or CONTRACTOR I Field Order justifies an adjustment in the Ca the Cmtraet Times and the parties arc unah to the amount or extent thereof. CONTRACTOR may make a written cdei provided in A tide 1 I or 12. R9erx7ng Wecfivt Work' 9A ENGINEER will have authority to reject Work which ENGINEER believes k or that ENGINEER believes will nor prodtx Project that conforms to the Contract Doci will prejudice the irate rity of this dest'gn c completed ed as a runt ommg �A a a the Contract I)oettmata. ENGINEER v authority to require special inspectitm or Work as provided in paragraph 13.9, whet] Work is &bricated, installed or oempte Shop larawbW Canoe 0Mffs and Paym, 9.7. In oonmetion with ENGINUR's t Shop Drawings and Sairp!®s, we paragraph 6.28 inclusive. 9.8 In connection with fNGDMF,R's t Change Or&4 see Articles 10, 11, and 12. 9.9, In connection with ENGINEER's r Applicatiats for Payment, see Article 14, Determinadantfir VidiPrices 9.I0. ENGINEER will determine the at and classifications of Unit Price Work CONTRACTOR. ENGINEER. will CONTRACTOR the ENGINFER's determinations on such matters before rend decision thereon (by recommendation of t the form of y determine meat of and nests. Such e binding on OWNER or rification or mtract Price hie to agree )W'NER or therefor as rartatims in IC Centlact mein in the x cxmpatible Nivied as a Field Order also cat k involved ieves that a act Price or to agree as Va\'or therefor as or :ept of the dteated by OW We ing of the or not the as to as to as to preliminary ng a written 21 for Payment or otherwise). LNGINI-I'Ws written decision thereon will be final and binding upon OW'NF.R and CONTRACTOR, unless, within ten day's after flit date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appea I from ENGINFEWs decision and: (i) an a fi+em ENGINEER's dieeision is taken within the time limits in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it') if no such Diymutc Resolution Agreement has been entered into, a formal pnmaedu g is instituted by the appealing party in a forum of oonpetmt jurisdiction to emcenase such rights or remedies as tie: appealtn$ party may have. with respect to LNGiNEWs decision, unless otherwise agreed in writing by OkAVNER and CONTRACTOR, Such apt 1 will w be subject to the procedures of paragraph 9.11. Drefxktuon Dlgwte v 9.II. ENGINEER will be the initial interpreter of the recgtiremeilt I of the Contract Do cuments and judge of the adxxpmbtuy of the Wank thereunder Claims, disputes and other matters relatirr� to the acceptability of the Weak or the intrtimMetian of the requirements of the Ccotmct Doctrmerus pertaining to the performance and Punishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred iniiially w ENGINEER in writing with a request for a fomral ision 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 pronptly (but in no event later tla+n thirty rays) alter the start of the occurrence or event giving rise thereto, and written su data will be submitted to ENGINEER and the other paty within sixty says after the start of such occurrence or even. unless ENGINEER allows an additional period of time for the submission of additional of more accurate data in support of such claim, dispute or other matter. The a� party shall submit any response to ENGI N tend t aimant within thirty days alter receipt of the claimants last submiwd (iwless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty slays after receipt of the opposing patty's submittal, if any, in accordance with this paragraph. ENGINI Ri's written decision on such claim, dispute or other matter will be final and buidiag upon OWNER and CONTRACTOR unless: (i) an appeal from ENGENEER's decision is taken within the time limits and in accordance with the �prroeedures set foth in EXHIBIT GC -A, "Dispute R s mlution Agreeinatt", entered into between OWNER. and CONTRACTOR pursuant to Article 16. or (it) if no sudi 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 mid to INGMI M within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forlorn of competent jurisdiction to exercise such rights or remedies ies its the appealing party may have with re. to such claim, di or other matter in accordance with applicable Laws and Regulations within sixty days of the date of mob Ex.tx MMEx a1. CONUTIOMs 191" 11990 xektid a) 22 w!Cl'tY Or Plan'Col.t..IMMODrrtCATION9('kEV42aaa) decision, unless otherwise agreed in writing and CONTRACTOR. 9.13, When functioning as inueTx}rce.ter and pmagmplu9AO and 9.11, ENGi1v`EER wi ppp��ttimlity to OWNER or CONTRACTOR an stable in connection with any interpretation rendered in good kith iih such capacity. The a decision by 04OD MM, pursuant to parag 9.11 with respect to any such claim, dsp matter (except any which have bean waived B or acceptance of final payment as i pamgmph 14.1) will he a conditum precr exercise by OWNER or CONTRACTOR of remedies as either may otherwise have under Documents or by Laws or Regulations- in rt such claim, dispute er ether mattes-pxasuantt< 9.13. Uirtkationa on F,NCINEER's Act ReVondUNthm 9.13_1, Neither ENGLNERR.'.s au responsibility under this Article 9 cc un provision of the Contract Docmmens,s nee made by ENGINEER in good faith atu or not caircisc such authority or rc.shxvs u exercise or form rnoc of ; or responsi ility by ENGINEER shall c or gginve rise to any duty owed by D t O1 RACTOR, any Subccxaracuor, a any other person or organization, or to a or employee or agent of any of turn.. 9.13.2. ENGINEER will non sttper control or have authority over or be re CONTRACTOWs mearm methods, sequences or procedures of construction, precautio:nt and programs incident tlherei .failure of OONNTRACf OR to comply, w Regulations applicable to the Ai peCanow of the Work ENGINEHI rosmarutble for CONTRACTOR's failuh cc fatnidt the Work in aec<rdanoe with Documents, OWNER udtge under t not show will not be or decision owlering of 1phs 9.10 0 to or other the making rovided in lent to any Of and wily or l�y other y decision to exercise ility or the y authority its, impose WEER to Ssuretyfar, se, direct, Kirsible fur techniques; r the safety , or for arty n Laws and dshing or will not be to perform he Contract 9,13.3 ENGINEER imll not be re bhe for the acts or omissions of CONTRACT aR or of any Subcontractor, array Supplier, or of any r person or Worganimtien per or fmaishins any of the 9.13.4. E4GINEM9 review of the final Application for Payment and accompanying do:um taticm and all mainurarhce and d txrating nutnrrtiu schedules, guarantees, Ends and certificates of ins onn, tests and approvals and other documentation to faired to be delivered by panagmph 14.12 will only he to determine generally that their content co nplies with the recptvame nts of, and in the case of at titicates of inspartiom tests and approvals that the results certified indicate compliance with, t Contact Documents 9.13.5. The limitations upon autth[sity and responsibility set forth in this paragraph 9,13 shalt also apply to HNGINMR's Consultants, Resident Project Representative and assistants. ARTICLE 19—CIiANGES IN THE WORK 10.1. Without invalidating tune Agroemau and without notice to any surety, OW,N . R may, at any time or from time to time, order additions, deletions or revisions in the Work Such additions, deletions or revisions will he authorized by a Written Amendment, a Change Order, or a Work Change Directive. upon receipt of any such doctanent, CONTRACTOR &hall promFly proceed with die Work involved which will be per Farmed under the to canditions of the Contract Documents (except as e specifically provided). 10.1 If OWNER and CONTRACTOR are unable to agree as to the extent, if arty, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a resdt of a Work Clwnge Urectivc, a claim may be. made therefor as provided in Article I i or Article 12. 10.3. CONTRACTOR shall tat be artitled to an imteaw in the Contract price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Dominants as amended, modified and s+pplancrod as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in pamVeph 6.23 or in the case of uneoverng Work as provided in paragraph 13.9, 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or WrittenAmerdmens) covering: 10A.L changes m the Work which are (i) ordered by OWNER pursuant to 10.1, (d) required because of ihcceptance of aid chive Work under paragraph 13.13 or arresting *cove Work udder Paragraph 13.14, or (ib) agreed to by the parties; 10.42. dtanges 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 9.11; provided that, in lieu of executing any such Change Ceder, an � may be taken ham any such recision in c� wit] the provisions of the Contract Ikxum.ents and applicable Laws an Regulations, but dtta� any such appeal, CONTRACTOR shalt carry on the Wok and se a) the progress schedule as provided in paragraph 6.29. 10.5. If notice of any char affecting the general scope of the Work or the provisions of the Contract Documents E)CI)COLMAL COM3`110M 1910.8 (I M E(iitim) wdCTY OF F()KT CXr.t,[M MMIFICAtnOM (REV 4,200snl (including, but not limited to, Contract N4 e or Contract Times) is required by the provisions of ari e Brad to be gg�ivon to a surettyy, the giving of any such CONTRACTOR's respcatii'bdty, and the m wilt be lount of each applicable Bald will be adjusted according]). 106 By the eti=k_ of a Choose we or Writ a W C� �3 AQ—T r e a Change. 1f>?c ]trod laid __._ err, ..... ha lectn A=Mont umidos for it 1kir and cguita G orniten adkitnient the Contract PrJQ§ancUor Contract Times for the addition deletions or revisions in_ die Work as allot grange Qrder. Work Change Directivi or Written Aoreament, WNER Qn4 _,__:RAC TOR rxlfeesslY erknaw acid agrees_that claims for adlttsdnents w. thc_4e_ICt3 3.f i£�.:_a11d%tX. C k Char �vcrtd by s Giaire Ordc. Wos ..irt�act._ ighgs Written Ag�oiggent ate nat..ypli<I ARTICLE 11—CHANGE OF C PRICE 11.1, The Contract nice constitu the total compensation (subject to authorized adjustor nos) payable to CONTRACTOR for perfierming die Work. All duties, respo bilitia atop obl�abutts y�ed to by CONTRACTOR sf be CO�N'TRItC undertaken OR's a of eutpmsa without chew in the Contract Price. 11.2. The C.onrract Price may a* be hanged by a Change Order or by a Written Amedm Any claim for an adjustment in tie ContPrice she I be based on written notice delivered by the party makip I the claim to the other patty and to ENGINEER prat y (but in no event late than thirty days) after the start of the oeourrenoe or event giving rise to the claim tut stinting the general nature of the claim. Notioe of the unount of the claim with supporting date shall be deliven I within sixty days after the mart of such occunisice as event (unitars ENGINEER allows additional time for clah am to submit additional or more accurate data in suppoor of the claim) and shall be accompanied by claimanes wr ten statement that the adjustment claimed covers all low n amounts to which the claimant is entitled as a r sull of said occurre ice or event At claims for adjt ftent in the Contract Price shall be determined by GLtiBHR in ce accordanwith puragmnh 9.11 if 4NE1k and CONTRACTOR cannot otherwise agree c h the amount involved. No claim far an adjustment in the Contract Dries will be valid if not submitted in aaa" ince with this pamgmph 11.2, 11 :3, The value of any Work covered a Change Order or of any claim for an adjustment ' the Contract Price will be determined as fiitows: 11.3.1. where the Work involved is cc vered by unit prices contained in the Contrail Di cumonts, by application of such unit prices to the qV Irailics of the items involved (subject to the I rovisions of 23 paragraphs 1-1.9.1 through 119.3, inclusive)" 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Tkictanets, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.33. where the Work involved is not covered by unit priers contained in the Contract Documents and agreement to a lump sum is not reached under pemgraph 11.3.2, on the basis of the Cat of the Work (dettxmuud as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR'& tee for overhead and profit (determined as provided in paragraph 11A), Coat ofJ*s WVdrkL 11.4, The term Coat of the Work means the sum of all coats necessarily incurred and pail by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, smdh casts 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 cants itamimd in paragraph 11.5: 11A.I.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job clessificatiens agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation supermtetdem, foreman and otter pummel employed full-time at the site. Payroll costs for emptoyees not. employed M114ime on the Work shall be apportioned on the basis of their time spent on the Work Payroll cow shall ' -met be limited for salaries and weeggeaaa plus the aced of fringe benefits which shall ittohrdo social security comrtbutions, unemployment excise and payroll taxes, workers' eta ersaUon halth and ratisamentbenefits-beatmm sdelt•ieara. veealietmst holi� applicable thereto. The expenses of Performing or after regular waking lours, on Saturday. Sunday or legal holidays, dull be included in the above to the extent authorized by OWNER 11A.2. Cost of all materials and equippmnent fim ished and mornpor ted in the Work, uding costs of transportation and storage thereof, and Suppliers' field $=aces reyutred in owir"tion therewith. All cash disawras &pall accrue to CONTRACTOR. undo&& OWNER deposits fiuxls with CON^rRACTOR with which to make payments, in which cm the cash discounts shall accrete to OWNER, All trader discounts, rebates and refunds and returns from sale of surplus materials and equipnam shall accrue to OWNER, anti CONTRACTiR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EiCDCOBNt At CONDITIONS 191a-8 (1990 tx4tim) 2a W1CITY OF FORT csotaaNslwctrttrlCaTIOM(RFva2aaa) CONTRACTOR shall obtain canpetitti Subcontractors acceptable to OM CONTRACTOR and shall deliver e OWNER. who will then. determine, with ENQINEER, which bids, if any, will be any subcontract provides that the Sub= be paid on the basis of Cast of the Won tht Subconttmtots. Cost of the Mork an determined in the same manner as COAT Coat of the Work and lee as paragmphs l I A, 11.5, 1 L6 and subcontracts shall be subject: to the other the Contract Documents inwhfitr as atplic 11.4A. Costs of special consultants (: not limited to engineers, anfou laboratories, survoyura attorneys and employed fax services specifically re 11.4.5. Supplaneraal casts inrcludintg tv 11:4.51. The pfoporLion of transportation, travel amen subsistent CYNTRACTOR's employees i discharge of duties connected with tt ds fim l and bids to wire of oted. If or is to is a fee, shall be rovidW in 1.7. All rovisions of ble. eluding but teson ccowii Sad to the bilowirrg: necessary expenses of :erred in We&, 11.43.1 Cod, including rtaYron and maintenance, of 40 meta' I supplies, apripanert machinery. applitrtccs, offroc and tempormy thothtes at the site and lit nd tools not owned by the workers, which am con uned in the performance of the Work, and con less market value of such items used but not com amed which remain the property of CONTRACTOR. 11.4.5.3. Roaals of all ogtiiment and machinery and the whedwr rented from COMMACTO! ecoordmme with rental agreements OWNER with the advice of EbIGIN costs of transportation, loading, inistallation. dismaritling and rattovi in accordance with terms of agreemetts. The re ml of any suo machinery or parts "I ome % 0wreofisno longer necessary for the 11.4.5.4. Sales, consumer, use or related to the Work, and CONTRACTOR is liable, imposed Regulatiutis 11.4.5.5. Depaaits lost for cause =e of CONTRACT o tractor or anyone directly employed by any of them or for wl of then may be liable, and royalty I fern for permits and licenses. or others in pproved by SR and the unloaddst'�, thetoof-ajl aid rental equipment, in the use Vork. milar taxes or which i Laws and other than R, any ' itdirectty Be acts any yments and 11.4.5.6. Losses and ehmaa lied related expenses) aausod by damage tc Work, not compensated by triton ancc ur othaw sustained by CONTRACTOR in iphtheot with the Perfoematce and funualuing of the Work {oxcept lees and damages within the deductible amounts of insurance established by OWNER in Re" e with paragraph5.91 provided they lava resulted Gent causes crther than the Iof CONTRACTOR, an), su odes, or anyone directly or indirectly employed by any of them o for whom acts any of them may be liable, such lasses shalt in;fade settlements made with the written consent and approval of OWNER. No such hisses, dam" and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR'; fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR. dull be paid fog services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.1. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.S. Minor expenses such as telegraus, long distance telephone calls, telephoto service at the site, c'xprcssage and similar petty cash items in connection with the Work. 11.4.5.9 Cast of premiums for additional Bonds and insurance required because of changes in the Work. I I.S. The term Cost of du Work shall not include any of the following. U.S.I. payroll costs and otter compensation of CONTRACTOR.'s offoam execttwes, principals (of pattnersYtip and sole propnctorships), general managers, engineers, architects, estimatom attorneys, auditors, accountants, 1wehasirg and contracting agents, expediters, timekoepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRRACTOWs principal or a branch office for getteral administratim of the Work and PA specificallyy included in the agreed upon schedule of jdn cdassuficatiau referred to in paragraph 11.4.1 or specifically coveredh111.4.4—all of which are to be conSKlered acliuufrustYatwe costs covered by the C ON'IRACTOWs lee. 11.53. Expenses of CONTRACTOR's principal and branch voices other than CONTRACTOR'; office at the site. 11.53. Any part of CONTRACTORw capital expenses, meludmg mitered on C.ON7RACTOR'S capital employed for the Work and charges against CONTRACTOR. for delinlue m paymerts. 11.S.4. Cost of premitnus for all Bonds and fox all insurance whether ou.not CONTRACTOR is required tbryy the Contract Documents to Purchase and maintain the sane (except for the cad of premiums covered by subparagraph 11.4.5.9 above). MLK1 Cih:,AAL GQM*DOM 1910-8(1"Mtrian) wt 0TY OF FORT 00I1,1M MODIFICATIONS MEX 4.20(s1) 1153. Costs due to the CONTRACTOR, any Subcontm( directly or indirectly employed by a whose arts any of than may be hat not limited to, the correction of dial of materials or equipment and making good any damage to prof 11_ ,i 6. Other overhead or general e arty- kind and tha costs of any item not expressly included inparagmph T I A fhgence of err anyone f them or for including but Mire l4ork. ugly supplied coats of ally and 11.6 The CONTRACTOR', fee I allowed to CONTRACTOR for overhead and 1. fit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee.:jor 11.6:2, if a fated fee is net agreedJT4 thm a fee based on the foil ' enragese various portions of txe Cast of nix VJcuk: 11.6 «1. for carts in under paragon his 11.4,1 and , the CO CTOR's fee shall be fuercent, 11;6.22. £err earls li under paragraph 11.4.3, the CONTRA's fee shall be five percent: 11.6.2.3. whore one o tiers of subcontracts are m the basis of the Work foe and no rued fee is upon, the of paragraphs 1 L4,1, 111.4.3 and d1.6.2 is that the Subcontracto actually performs or fiunishes the Work,fever tier, will be paid a fee of fifteen porf the costs incurred by such Subcouractor atagmPhs 11.4.1 and 11.4,2 anal that igh tier Subcontractor and CONTRACTl! each be 11.6:2A. no fee shall be payabl� on the basis of casts itemised under paragraphs 1.4.4, 11.4.5 and 11 i; 11.6.25. the amount of credit �y CONTRACTOR to OWNER I which results in a net decrease in c amount of the, actual net decrease deduction in CONTRACTOR's fee equal to five percent of such net dcc 11.6.2.6. when both additions a involved in aty one clgc the CONTRACT% fee shall he 001 basis of the net charge in ace paragraph.% 11.621 through l 16.2. 11.T. Whenever the cost of any Ws be allowed wrfll chat be the cost plus a an amount use; and credits are pistimant in uteri of the once with imIttsive, is to lx 25 determuhed prusttant to paragraphs 11A and 11.5, and CONTRACTOR will establish and maintain records thereof in accordance with geterally accepted sceouruutg 11.9.3.2. there is no eonespondiu adjustment practices and submit in farm acceptable to UINERR an with respect to any other item of Wot •; and iternivA cost breakdown together with supporting data. Cash Allumactor: 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 8irrii h and performed for such sums as may be acceptable to OWNER and tMINEFR. CONTRACTOR agrees that: 11.8:1, the allowances include the cast to CONTRACTOR (Iess any applicable trade (icons) of materials amidipmem required by the allowances to be delivered at ddrree site, and all applicable taxes, and 11.8.2. CONTRACTOR's casts for unloading and handling on the site, labor, installation cots, owetimA profit and other expanses wracrit tied for the allowances have boon included in the Contract Price and not in the alkowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an ap to Change Order will be i=Md, as roctammetdad by%13MER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be oorrespatdi ugly adjusted. 11.9. €Initprice Work 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Wank, initially the Contract Rice Will he deemed to include fir all Unit Price Work an amount equal to the sum of the established unit prices for cacti separately iderhtiSed item of Unit Price Work times the estimated quantity of each item as iralicated in the Agreement. The estimated quantities of items of Unit Price Wok are no guaranteed and are solely for the purpose of oompansm of Bids and determining an initial Cmhw Price. Determinations of the actual quantities and clasetfuottions of Unit Price Work parfurmad by CONTRACTOR will be made by }5 0NEER in accordance with Paragraph 9,10, 11.92. Each unit price will be deemed to include an amour, considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.93.0WNBR or CONI'RAC:TOR. may make a claim for an adjustment in the Contract Price in accordance with Attide I I if: 11.4.3.1. the quantity of any item of Unit Price Work performed by (:ONTRACT0R dif€crs materially and significantly from the estimated quantity of such item indicated in the Agreement; SX-DC o7p3411 kit CPy`R llom 1R104 (1990 Boat) `6 wICITY OF FORT CX)1.LINSM0C)IFICATI0NSOtFV472rq) 119,3.9. if CONTRACTOR CONTRACTOR is entitled to a Contract Price as a result of lu additional eepmse or OWNER OWNER is rioted to a decrease it and the pnrnes are unable to a8 amount of any such increase or dour ARTICLE 12--CHANGE (W COINTRAC Neves that increase in g incurred .Neves that rtdract Price as to the 12.1. The C„ortraot Times (a Milestones) ay only be aged by a Change Order or a Winton 8ancridment. An dlaim Ea an ao'ustmem of the C Tithes (or Mi ) shall be stet on written naive ivered by the party making the claim to the other rty and to INGINHER promptly (but in no event than thirty drys} alter the occur ttce of the even ' ' rise to the claim and stating the meal nature of c im. Notice of the extent of the claim with supporting fall be delivered within sixty doty} after atxh oc a (unless ENGINEER allows aolditiona1 time to a In more accurate data in support of the Blain) a shall be accompanied by the claimants written scat ant that the adjustment claimed is the entire adjustment which the claimant has reason to believe it is enitk4 a result of the occurrence of said event. All claims for 'ushnent in the Contract Times (or Milestones) shall be d itied b?( FNGINfiIiR in accordance with 9.11 if OWNER and CONTRACTOR camta ise agree. No claim far an adjushnen in the C Times (or Milestones) will be valid if not submitted ir accordance with the requiramenis of this paragraph 12.1. 12.2, All time limits stated in the Contracl Dvctmtcuus are of the essence of the Agreement. 12.3, Whore CONTRACTOR is prey ted from completing any pan of ire Work within tic Contract Times (or Milestones) due to delay beyond 11 a contort of CONTRACTOR, the Contract Times (or Mil ors) will be extended in an amount equal to time bar to such delay if a claim is merle therefor as orovided in 12.1. Delays beyond the rhtrol of C . ACTOR. shrill induce, but hat be It ' col to, acts a rtegtat b1 OWNER, acts or neglect of utili 4 a other contractors performing other work as temhplated by Article % foes, floods, epidemics, abno A weather conditions or acts of God. Delays attribu ble to and within plte control of a Subcontractor or So It" shall IV deemed to bthin e delays wig the amtrol nfCOIJI'RACTO2. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract T imes (or Milestones) due to dela beyond the control of both OWNHR and CONTRACTOR, an cAoutom of the Contract Times (or wiilestones) in an amoum equal to the time lost due to such delay shall be CQNTRACTOR's sole and exclusive re ody for such delay. In no event shall OWNIM be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any, surety far of employee or aggen�tt of a� of them, for damages arising out of or restiftirng frrmn (t) delays caused by or within the control of the 0014TRACrOlt, or (ii) delays beyond the control of both parties including; but not linuted to, Gres, floods, cpidemics, abnormal weather comlitiom, ,acts of God or acts or neglect by utility owners or other contractors performing cheer work as contemplated by Article 7. below shall be paid as I paragraph 13.9; and 13.41 as otherwise specifically Contract Documents 13.5. If Laws or Regulations of any ppublr Jurisdiction require any Work (or part to be inspected, tested or approved by an other reprmientative ol'such public body, CO shall assume full re pr»vaibilhty fyw an obtaining such inspections, tests or approvah in connection therewith, and furnish RN required certificates of inspection, c CONTRACTOR shall also be respo>sible mid obtaining and shall pay all costa in co any i»speot ens tests of approvals required I and hNGM-Ersks acceptance of materials or be incorporated in the Work, or of materials or rn esubmitted for a va o CONT ACTOR's purchase thereof for inn the Work. d in said ded in tie body having ) spec"ly employee or URACTOR megaal1and Msts the approval, or crime] notion with it OWNER`s to mix designs, prior to `rarvatian in ARTICLE 13—TIWS AND INIMTIONS, CORRECTION, REMOVAL OR ACC'MANCE OF 13.6 If any Work (or the work of others) that is to be DEFECTIVE WORK inspected. tested or apgrowod is ered by CONTRACTOR without written cars urrance of ENGINEER, it must, if requested by EN IINMsGR, be uncovered for observation. 131. Naive of'Dofeas. 13.7, Unoovening Work as pronded, in pa a8i"Th 13.6 Prompt natice of all defective Work of which OWNER or shall be at CON'fRACTOR's ise unless ENGINEER have actual knowkdge will be given to CONTRACTOR has given ENGINEER tier y notice of CONTRACTOR. All defeeriooe Work may be rejected, CONTRACTOWs intention to cover the same aid corrected or accepted as provided in this Article 13. HNG11vUCR has not acted with reasonable T mptness in response to such ntice, Access to Work 13.2, OWNpr ENOLVEER, ENGINEERrs Co nsuitams, other representative; and personnel of OWNER. iadepa dea testing laboratories and govemmemal ageneks, with jurisdictional interests will have access to the Work at ressonebk-timea for their observatim vugnecting and testing. CONTRACTOR shall provide them prtncm nd a safe conditionss fo mach access and advise of CONTW.TOR's site safety procedures and programs so that they may comply therewith as applicable Tarts and Irtapeerlonr 13.3. CONTRACTOR stall give b'NGRU3SR timely notice of readiness of the Wotk for all required inspections, tens or approvals, and shall cooperate with inspection mid testing personnel to facilitate required inspections or tests 13.4. OWNA:R shall employ and pay for the services of an independent testing laboratory to perform all. inspections, fasts, or approvals required by the Contract Documents except: 114.1, for inspections. tests or approvals covered by paragraph US below. 13.4.2. that dusts incurred in connection with tests or inspections oanductcd ptrrsuait to paragraph 13.9 Uncovering Work. 13.8. If any Wo>� is covered contrary the written request of HCTOII3EER it must if r ue%td by ENGIlVEi R be urncovared far ENGINEER' observation and replaced at COIJ fi2AGTOFYs expeinse. 13.9. If ENG11,11ER considers it necessary that eoveaexl Work be observed by E WAM tartest byy otter, CONTRA GINEER's request ahall uncover, erq>ou o make available for observation, inspection c WGINUR may rcquire, that portion of d question, lurnishvig all necessary labor, n equipment If it is found that such Work i CONTRACTOR Ball pay all claims, costs, damages caused by, arising out of or resultin uncovering, exposure, observation, inspection and of satisfactory replacement or rec (including but not limited to all costs o replacement of work of others), and OWNI entitled to an appropriate decrease in the Cis and, it the parties are unable to agree as to thereof, may make a claim therefor as I Article 11, IC however, sucfl Work it riot theft ct n, CONTRACTOR shall he alknvett err the Contract Price or an o4e lion of the Car (or Itfileswm), or both, directly attributal iNEER or ,'TOR, at r of erisom testing as Work in aerial and defecfive. losses and from such repair or tiu be raox Rice, nerd to be increase in ract Times e to such FJCDQ aF'1N. COti1C/EflONS t919S E199a tSiim? I 27 of r,TT7 OF BCNtT t'sA.LrM MC"F7CATtOM (KFV 42(00) PROVIDED, FURTHER, that the said Surety, for value received, lereby 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 abricge the right of any beneficiary hereun er, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be author# ed to transact business in the State of Cciorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (�) counterparts, March each one of which shall be deemed an original, this1st day of 2006. IN PRESENCE OF: Principal �� Vogel Concrete Inc. V (G-c (Title) 1313 Blue Spruce Drive, Ste. B, Ft. Collins, CO 80524 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: 7/96 t Surety Contractors Bonding and By: _Aoz By: PO Box 9271, Seattle, WA 98 (Address) Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 0061P Page 2 uncovering, exposure, observation. mspeewn, taaing replacement and reconstruction; and, if the parties are unable to sggmee as to the amount or extant thereof, CONTRACTOR may make a claim therefor as provided in Articles I i and 12. 03W R May Stop the Wok: 13.I0. If the Work is deftetive, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perfi m the Work in such a way that the completed Work will conform to the Contract Donmhents, OWNbit may order CONTRACTOR. to stop the Work. or any portion thereof; until the cause for sucli order has been elfin inined; however, this right of OWNER to erepp the Work shall not give rise to any, duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Cnrrecdor or Rearoust ofDefeedve Wsrk: 13,11�. If mired by ENGINEER, CONTRACTOR shall as directed, either whetfiner or not Fabricated, mga►led orr comall pleted, or,ve if the Work has been rejected by ENGINEER, remove it from the site and ce it with Work that is not defective. CONTRACTOR shall pay all claims, coats, 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. Correctlon Pone,* 13.12.1. If within ene year two after the date of Substantial Completion or 6W 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 spec�ffc provision of the Contract I3neumaVs, arty Work is found to be dk, ,Mw, CONTRACTOR shall promptly, without cast to OWNER and in accordance with OWNI R's written instnhctiora. (i) correct such rlvfecaw Work, or, if it has been rejected by OWNER, remove it from ilia site and replace it with Work that is not defective, and (in') satisfactorily ton ect or remove and replace arty damage to other Work or the work of others resulting tharefnmm. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delayy would cause serious risk of loss or damage, UWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, casts, losses and damages caused or resulting &ur o such removal acid rcplaoemat (including but not lirnited to all costs of repair or replacement of work of (them) will he paid by CONTRAC,I'OR 13.122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of ail the Work, the correction period for that item may strut 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 E:XDC OENCM CON4tTlOM 1919-8 (199Q Gekiut) 2x W'UTY OF FORT MILINS MODIFICATIONS(REV42(aa) Work reputing therefrom) has bei removed ce replaced under this paragra correction period hereunder with respect will be extended for an additional Min two veers after such correction or replacement has been sabActorily camp Acolptaace of Defoodw Wori: 13.13. If, itateed oI raluir' carection c replacement of defeclh:e W , OWNER ENIGINM6 s recommendation of final ING111E8R) prefers to accept it, OWNE CONTRACTOR shall pay all claims, ton damages attributable to OWNER's evah determination to aceuup� such defeefiw Wort be approved by ENGINEER as to reasonab such acceptance occurs price to recommendation of final paymet, a Cherg issued incorporating the nay rev Contract Documents with respect to m OWNER Ball be entitled to an appic(eista Contract Price. anti, if the p 'es are urrabfi the amount thereof OWt3RR may make a as provided in Article 11. If the aceeltary such racco maruLttiuq an appropriate amoe by CONTRACTOR to OWNER, 0WNZRMai, correct Defective Wok; 13,14, if CONTRACTOR fads within a n after written notice fran ENGINRF,R. to co Wont or to remove and replace rejected We by UN1GINHUR in accerdatnca with ptragm CONTRACTOR fails to perform the Wall wM the Contract Documen i s, or if CONTI to comply with any other provision of Documents, OWNER may, after seven notice to CONTRACTOR, correct and tell deflekticy. In ewcisM the rights and n this paragraph OWNER shall procead cM connection with such corrective and rer OWNER may owlade CONTRACTOR fivi tie site, take possession of all or part of t suspend CONTRAC'TOR's services relate possession of C ONiTRACTOR's tools construction equipmax and machinery 21 incorporate in the Work all matermis a' stored at the site or for which OWN CONTRACTOR but which are store CONTRACTOR shall allow OWNER representatives. agents and elm ces. Ot contractors and flNGIt1F:) and Consultants amess to the site to enable eaarcise the ripand remedies under this p sts, }tosses claims, coand damages incurred c OWNER in exerciavmg such nghs and ran dtarged against CAATIRACTOR and a Cha be issued morporating the naxssary ref Ccnntract Documents with respect to du OWNER shall be entitled to an appropriate m Creaser price, and, if the parties are unable the amount thereof, OV 14M may make a as provided in Article I I . Such claims, to i contacted, h 13.12. the p such Wank of one-year xnoval and removal and nhnd, Dior to lymem, also may do so lasses and tiro of and such coats to mass). If mw kder will be arts in the Work; and crease in the h agree as to ant therefor occurs after will be paid curable time t d fecdw as required 1111, or if accordance ",1'OR fails aye written such teediessunder litiously. In ;dial actiom. all or part of i Work, and Thereto, take "tilpmert has paid elsewhere OWNER's ER% other JWNhR to agraph All sustained by ddas will be to Ceder will daps in the Wit k; and crease in the ) agree flm 10 aim therefor S lasses and damages will include but not be limited to all costs of repair or replaoementt of work of others destroyed or damaagged byy correction, removal or replacement of CO1 CI RA , OWs defective Week. CONTRACTOR shall not be allowed an extension of the Cortraot Times (or Milestmies) because of any delay in ormance of the Work attributable to the exercise by O= of OWNER'S Tights and remedies hereunder. Ai2MIX 14—PAYN[ NTS TO CONTRACTOR ANT) COA MXTION Schadule of Values.• 143. The schedule of values established as provided in n 2.9 will serve as the basis for progress payments anted w>Tt ba into a form of Application far Paymau ace to ENGINEER. Progress payments on txootmt of UrA Price Work will be based on the number of units competed Appheationfor ProgrmAr ;enont 14.2, At least twenty days before the date esmblidW for each progress payment (but not more o&en than once a maxh). CONTRACTOR sbau sutxnit to MgGINTM tor review an Appfictifion fix Pa mad filled out and signed by CONTRACTOR oova: [� the war* completal as of the date of the Application and acsznttpamai by such upp sorting dommsts ation as a rape u t by the Contract Documents. If payment is requested on the basis of materials and aWipman not inec,poa W in the Work but delivered and suitably stored at the site or at another locatiat tom writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or oiler documentation warranting that OWNER has received the materials and equipment bee and clear of all Liew and evidence that the materials and oWipment are covered by appropriate insurance and ohm arrangements to protect OW _'s intmost therein, all of which will be smistsctocy to OWNM The amount of rdabuip with revnt to progress paymems will be as stipulated in the CONTRACTOR'S Wanm(y ofTi& 14.1 CONTRACTOR warrants and parar that title to all Wort:, 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 Lisa. Review ofAppltoadonr forProgress Payment: 14.4. ENGINEER will, within ten days after receipt of tech Application for Payment, either uaticate in writing a M)CO614MAL GOtdI IONS 19104 (199O F46M) w/ CM OF aOar tlrndAM MCxxMMIONS (REV 4,200r) reoonnme dtition of payment and present th Application to OWNER, or rcturathe Application to C 1 "TRACTOR indicating iting in wrENG I:R's reasons I w refusing to recommend paymerrt. in the latter case, CO TTRACTOR may make the necessary corrections wxl esubmit the Application. Ten days after esente on of the Application for Payment to OCwith 1 NGINEEP's reeommendation, the amount recornmeill (subject to the provisions of the last sentence of graph 14.7) bocome, due and when due will be but by OWNER to CONTRACTOR. 14.5. ENGtt P.Ws recommendnuon of i ny p "eon requested in an Application for Payment wil cottstntute a representation by ENGINEliR. to OWN , base! on CNIGiNERR's on -site observations of the ex cuted Work as an e, ppreanietncxd and qualified design pm l and on ENG1Nl3ER's review of the Qcarwn for �les, era and the w&xapwtyiitg data and that the beat of ENGlNEl3R's knowledge. information and be ief: 14.5.1, the Work has progressed t the point indicated, 14.5.2. the quality of the Work is Ily in accordance with the Contract Docwne is.%4ed to an evaluation of the Work as a fimcu whole prior to or upon Subsmntal Completion, the results of arty subsequent tests called for in Comma Documents, to a fnal determination of I entities and clawilicatioris fix unit Price under paragraph 9.10, and to any other qualM4 itiorts stated in the recommeircation), and 14,53, the conditions prig to CONTRACTOR's being entitled to sub payment appear to have been fulfilled insofi as it is ENGINSEM's responsibility to observe ih Work: However, by recommending any sud payment ENUINEER will not thereby be doenit I to have represented that: rn) exhaustive or contim Do on -site inspections have been made to check the ry or the quantity of the Work beyond the duties specifically assigned to ENGINEER in t e Contract Documents or (ii) that there may not be matters or issues between the parties that m' lit entitle CONTRACTOR to be paid edditimally WNER or anitle OWNER to withhold payment to C Cf OR. 14.6 h'NGINEERs recommendation of , payment, including final payment. shall not mean that HNGINUR is responsible for CONTRACCOR''s meant mednod, teclud ues, wqueaaw or procedures of lion, or the Ri prsecautions grid lxogrux��s incident thereto, or tee arty faiiure of CONTRACTOR to comply with Laws and Regulation applicable to the fun irking or performance of Work, or for any dune of CONTRACTOR to perform or furnish Weak in accordance with the Contract Dmuments 142 ENGINFMR may refuse to r000mmon I the whole or any part of any payment if, in ENGINE 'opinion, it would be incorrect to make the rep tiems to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such paymert, or, because of subsa ueraIX discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in UNGINBER's opinion to protect OWNER fr+tm loss because: 14.7.L the Work is rkfecdve, or completed Work has been damaged n%lu ring 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 drfectiva Work or complete Work in accordance with paragraph 13.14, or 14.7A, ENGINEER has aenal knowledge of the otccurratce of any of the events enumerated in paragraphs 15.2.1 tkdxng}i 15.2A inclusive. OWNER may refuse to make payment of the full amount reoommetded by ENGINEER because 14.7,5. claims have been made against OWNER ran account of CON`fRACTOR's performance or famish ng of the Work, 14.7b. Liars have been filed in correction with the Work, except where CONTRACTOR has dehvexed a apecific Bond satisfactory to OWNER to secure the satisfaction and diischarge of such Liens; 14.7.7. there are other items entitling OWNER to a set- off against the amount reaunmended or 1.4.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.73 or pamgrapim 15.2.1 through 15 2.4 inclusive; but OWNER mast give CONTRACTOR mimediaw written notice (with a copy to ENGINEER) stating the reasons for such action and prorapily pay CONTRACTOR the amotmt so withheld, or any adjustment thereto agreed to by OWNER, and CONTRACTOR when CONTRACTOR corrects to OWATE R's satisfaction the reasons for such action SiabAanriet Compkdon: 14.8, Whmr CONTRACTOR onrisiders the emire Work rest _ for its intended use CONTRACTOR shall notify OW ER and ENGINEER in writing that the entire Work Is substarti`ally canplew (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 ENGI WEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER SJOUC3E,N'ERAI. CAS IXTIptz530 1930 a t7a90 Ed6tiail w%Cl tv Or roar Cax.r.tN%ntontrtcATtot rJ eRnv 4rztwal omiaders the Work substantially complete will prepare and deliver to OWNT?R a testa of Substantial Completion which shell fi: Substantial Completion There shall he a certificate a tentative lint of items to be cotrected before final p ymeit OWNER 4days after receipt of the tentative certificate to make writ objection to ENGINES provisions of the certificate or attached cotisiokrinpf such objections, ENGINEER 1 the Work: is not substantially oomplete, n within fourteen days after submission of certificate to OWNER notify CONTRACT{ stating the reasons therefor. If, a@er cc OWNHR's objections, I GIN ER dmnsid substantially complete, E GIMER will fourteen days execute and deliver to CONI'RAMR a definitive ceruhcatt Completion (with a revised tentative list i aaitpletcd or corrected refl such Cho tentative certificate as MOM believes co midlaration of any objections tam OW time of delivery of the tentative certificate Catopletion ENGINEER will deliver to CONTRACTOR a written recommendation of resppomtmmtibililies pending final payn OWN£R.and CONTRACTOR with rcc� operation, safety, maintenance, heat, utilu and warrimfies and guarantees. Unless CONTRACTOR s w otherwise in writiirr�g EN'GINE�2 in wring prior to ENGiNEEI definitive certificate of Substantial ENOINEER's aforesaid recommendation u on OWNER and CONTRACTOR until fata. 149. OWNER shall have the right CONTRACTOR front the Work after Substantial Completion, but OWNER CONTRACTOR reasonable access to ooml items on the tentative list. Partial tlNtlataiar 14.10. Use by OWNER at OWNER's substantially complete part of the Work, specifically bent idenlifned m the Contract 00OWNER ENGINEER iced CONTR com,Autes a separately functioning and us World that can be used by OWNER ft purpose without significant uAed CONTRACTOR's performance of the m Wait, may be auconi lisped pride i Cdunpletio n, of all the Wcvk subject to the ft 14.10,1.OWNER at any time CONTRACTOR in writing to permit 0 any such part of the Wok which. OWN be ready for its intended use and omntnkUc If CONTRACTOR agrees th the ai is substantially complete, CC will catify to OWNER and ENGINE part cif die Wait is substantially complt ENGINEER to issue a certificate 4 Completion for that pan of ENGINEER ve certificate the date of ached to the mpleted or 11 have seven k r* which as to any rt. If, after ancludes that 11NIIF.R will the tentative R in writing, mderation of rs the Work within said WNER and ' Substantial 'items to be get from the tstnfutd after ER. At the i to division a between to sequity, y insurance JVNER and be to exclude the date of shall allow 4e or correct tint of any rich: (tt) has mumdnnts, or TOR agree a pert of the its intended aide with inder of the Subsantial neyuueat t to use R that such and request Substantial to Wok. (UNTRACTOR at any time may notify OWNER and ENGIIvTki 'R. in writing that fX)NfR.ACTOR considers any such part of the Work ready for its untended use and substantially complete and request INGINEER to issue a certificate of Substantial Completion for that fart of the Work. Within a reasonable tune after either such reeqquuest OWNER, CONTRACTOR aid FZVGIItiRER shall make an inspection of that pad of the Work to determine its status of completion. If ENGINEER does not ocalsider that ppaazrtt of the Work to be whath ntiatly compete, ENGiN MR will notity OWNER and CONTRACTOR in writing giving the reasons therefor. If ENCrfNFF R omaidas that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with repeat 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,occvponcy or separate operation ofpart of the Wok will be accomplished prior to compliance with the requirem a ms of paragraph 5.15 in respect of property insurance. F)aat IngW dew: t4.11, Upon written notice from CONTRACTOR thatthe entire Work or an agreed portion thereof is complete, ENC31Ni 13T13� will make a foal ' ion with OWNER tad CONTRACTOR mid will CONTRACTOR in writing of all particaulen in which this inspection reveals that the Walk is ircmmplow or de a*s. CONTRACTOR stall: immediately take such measxes as are necessary to complete such work or remedy such deficiames. i`'7" Applkao" farPaymew.• 14.12. After CONTRACTOR has completed all suchh corrections to the atictaction of 1s'MMER and delivered in socordarm with the Contract Docturimm all maintennncc and operating instnrctims, schedules, guarantees, Bards, certificatesor other evidence of mWrinoe requited by peragtaph5.4, omfiliates of inapection, marke"ji rec rot c4 ores (as proved in peregtmph rA 9) end ontur douumants, CONTRACTOR may make application for final pay ern fnikhwing the procedure far progress paymen 7 he final Applicatioa for I%ymam shall be accompanied (ewxpt as hously delivered) by: (i)all documentation called i r tin the Contract Docmmerts, including but not limited to the evidence of msurathce requited by subparagraph 5.4.13, (ii) consau� of the ��n�y if enY, to rum] payment, and (uh c<mplde and Iogally of�es .ve releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in otirsu lion with the Wow. In lieu of such releism or waivers of Liens and as approved b OV44M CONTRACTOR may furnish receipts or releases in full and sitidavit of CONTRACTOR disc (i) the releases and receipts include all labor, services, material and equipment for which A Lien could be fried, and (it) all ppaayrolls, material and cquipvent bill-, and other inikbtedness corrected with the Work for which OWNER or OWNWs property might in any way be responsible have been paid or otherwise satisfied- If any Subcontractor or Supplier fails WDCCiMIMAL COtdDI]t M 1919-8(19" EM(a) of ('.ITY OF FOaT (3 )l.l.[ a MCA)rFICAntON9 iRM M1tlaaa) to funumh web a release ar racer in fill, CONTRACTOR may turttidt a 13L or n a)11aWal satisfactory to OWNER to indemnify O age net any I.ten Releases o waivers of liens an4t caaaeri(of final Payma d andAcegna t. 14.13. If, on the basis of ENGT£SIiER's o anon of the Work during consmaction and final in tiat, and @NGiNI"aFR's review of the fits) Appiicati for Payment and accompanying documentation as req " by the Ccmtract Documems, ENGINEER is sails ad tat the Work has been completed and CONTRA OWs other obligations under the Contract Document have been fulfillal, HNGINEER will, within ten days a a roccipt of the final Application for Payment indicat in, writing HNGINFMs recommendation of payment and present the Application to OWNER for payment st the same time ENGIAtMwill also give whiten naticA to OWNER and CONTRACTOR that the Work isable subject to the provisions of paragraph 14.15, Otherwise, 1:NC:Lry ER will return the App to C.'ON'TRACTOR, indicating in writing tine MWM for refusing to recoahmand final payment, in which case CONTRACTOR shall make the necessary at rections and resubmit the Application. Thirty days after p sentation to OWNER of the Application and a pantmg documentation, in appropriate fan and rice and with ENGINURk recommendation and notice of weeptabifity, the amauhx rewmmenJed by GINFER will become due and will be paid by WNUR to CONTRACTOR. fact m riar�rad �IMMLCMMM 14.14. If through no fault of CONTRA OR final consppleboh of the Work is ssgnificaretyy d and if E�IGINEER so confirms, OWNER shall, receipt of CONTRAC'TOR's final Ap tion for ymatt and recommendation of ENCIIN)�ard withou teminating the Agreement, make yment of the baladtce for that portion of the Wok f by Q=Cmp1dad and a If the remain* baYmia to be held by OWNER f Work nor fully completed or corrected is less than rdamage sdipuksud in the Agreement, and if have ben furnished as required in paragraph 5.1, the cormwt of the surety to the payment of the balance for that portion of the Work frilly completed and tad shall be submitted by CONTRACTOR to ENGIN with the Application for such payment Sucdh payin t doll be made under the terms and coditioris govi nting Cum] payment, eei.nA that it shall not constitute waiver of claims. . Waiver ofO NS- 14.15. The making and acceptame of final p ryment will c oristitute 1415 1. a waiver of all claims by OW against CONTRACTOR, except claims s ' ' from unsettled Liens, from nkfeerive Woks after 31 final inspection pursuant to pnorl raph 14.11, from failuro to comply with the Caattrxct Documents or the terns of arrryy��c a. I guarantees specified therein, or from CON112Ai'TOR's (xominuing obligations wxkr the Contract Documents, and 14.15.2.A waiver of all claims by CONTRACTOR Against OWWER other thin those previously mach in writing and still unsettled. ARTICLE 15--SUSPEN%ON OF WORK AND TF.RMINAATION OWNER May Smspend Work.• 15.1. At any time and without cause, OWNER may suspend tire Wane or any portion thereof for a period oftut mare thmt ninety days by notice in Mate CONTRACTOR and ENGINEER, which will tin 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 botfl diredl�} attributable to ansy such Vensim if CONTRACTOR makes an approved claim therefor as provided in Articles I I mid 12. OWNER play Terminate: 15.2. Upon the occurrence of any we or more of the following events: 15.23, if CONTRACTOR rsistattytailstoperform the Work in accordance with the Cora nict Documents (including, but not limited to, fiiiiure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress wheddo established under paragraph2.9 as adjusted from time to time pursuant to Paragraph 6.6); 15.22. if CONTRACTOR disregards Laws or Regulations of any public body havingauris"on: 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2A. if CONTRACTOR otherwise violates in any substsntial way, any provision of the. Contract Documents; OWNER may, xfier giving CONTRACTOR (and the surety. if any) seven days written notice am 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 CONTRACTORs tails, appliances; cautruction. equipment and machinery at the site and use the same to the full extent they cot ld be usai by CONTRACTOR (without liability, to COtv"CRACTOR for !respire or conversion), incorporate in the Work all materials sod equipment stored at the site or for which OWNER has paid E1CDC(Ip. 4W(AL CON)LT10M 191" t1990 Sditiaq 32 wt(7TY OF FORT C,Ot.I..IN3htOraFIGAnON.4llitTp%4rZOW CONTRACTOR butt which arc stored fnisli the Work as OWNER may deem ex case CONTRACTOR shall not be a"Iv further pappment until the Work is finislxi balance of the Contract Price exceeds a losses and damages sustained by OWNE1 or resulting bum completing the Work our paid to CONTRACTOR, If such claims.. damages exceed such unpaid balance, ( shall pay the difference to ON. Sui losses and damages incurred by OWNER by ENGINEER as to their reasonablene approved liy RNGNZ FER incorporated in provided t when exercising any rig) under this paragraph OWN13R shall To obtain the lowest price for the Work perfoi 15.3. Whore CONTRACTOWs services terminated by OWNER, the termination any rights or remedies of OW1 CONTRACTOR then existing or which scenic. Any retention or �m a[ of CONTRACTOR by OWNER will CONTRACTOR from habitty. ISA Upon seven days' written CONTRACTOR and EiNGLNERRR, ( without cause and without prejudice to an remedy of OWNER, elect W terminate the such case, CONTRACTOR shall be duplication of any poems): 15A_E far completed and acceptable in accordance with the Cartract 1)oa the effective date of termination, inc reasonable sums for dvedicad and Wad:; 15.4.2. for expwnses sustained prior I date of A"Inat a in pe.rfornirg funtishing labor. materials ore ' in by the Contract Documents in cc uncompleted Work, plus fair and real( overhead and profit on such expenses; bewlxre, and client. In such to receive any If the unpaid claims, cogs, arising out of excess will be da, losses and 11.4,3, for sit claimit costs, posies incurred in settlement of terminated i Subcontractors, Suppliers and others; or. 15.4.4, for reasonable expenses direct to termination. CON" TRACTOR shall rug be old cer ac:c araricipated profits or revenue or otter e arising out of or resulting 6om such termina. (Y)NTP.4CTOR May Mop Work arTerndn 15,5_ IC through no act or fauk ofCONT I Work is impended for a period of more thr by OWNER or under an order of court o authority, or IiNGfNtEM fails to act on ar for Payment within thirty days after it is OWNER fails for thirty days to pay CONTI claims, costs, I be rev ie awed and when so 7hangte Order, or remedies e required to erl, aavc been so lilt not aired ER against nay thereafter moneys due rot release notice to 4NER may, other right or weement. In Kid (without irk executed cots pprxior to flair and ofit on such the affactive ervieas and t as required iection with ublc sums for av3 damagies mtraets with attributable nt of loss of onoinic kiss TOR, lac [o(Zjy tdays public Application lanptted of CTOR arty suit fawlfy determined to be due, then MKITRACPOR Mmad, seven days' written notice to OWNER and d= and provided OWNER or ENOINEER do not remedy such suspension or failure within that time, terminate the Agreement aid recover from OWNER paymmt on mho same tams as provided in paragraph 15.4. lit fiat of termimting the Agreement and without prejudice to any otter right or remedy, if ENGINEER bag tatted to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pprey CONTRACTORL any star Finally determined to be chre, CONTRACTOR mwpon seven days' written notice to OWNER and ENO1 R sthe Work math! Payment of all suchamounts due CON41TVICTOR, including interest therein The provisions of this pnragraph 15.5 are not imendod to preclude CONTRACTOR Goa making claim under Articles l l and 12 for an increase m Cotihact Price or Contract Times or otherwise for eeponses or damage directly attributable to OONTRACTORs stopping Work as petrtmtted by this paragraph. ARTICLE 16-01SPUTE RESOLLMON If and to the cxoent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between then that may arise under Otis Agreement, such dispute resolution method and procedure, if any, shall be as ate firth in BxhMGC-t>, "Dispute Resolution Agreement", to be attached heroin and made a putt hated. If no such agrement 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 rancdies as either may otherwise have under the Contract Doamsents or by Laws or Regulations in respect of any dispute. ARTICLE 11—MISCELLANEOUS GBving Ndiot ITT. Whenever any provisiwn of the Cottract Documents requires the }living of written notice, it will be dearoed to have been validly given if delivered as personto the individual or to s member of the firm, or to an officer of the corporation for whom it is intendod or if delivered at or so," by registered orcertifiedmail, postage prepsid, to the last business address known to the giver of the notice. 17.L Computation ojTime: 17.2.1. When any period of time is referred to in the. Contract Documents by days it will be oompided to c+cclude the first and include the last day of such period. If the last day of ten}' such period falls on a Seat y or Sunday or on a ° 7 made a legal holidn by the law of the applicable jwtsdictiun such day wl be critter Thom the canpateton. MDC f ENS AL COMf)1110M 19105 0M Entail ar/ ciTy of FORT rY?I.I.IM MorgfgCAT1OM (awY 4a(M) 17.2.2, A calendar day of Iwedy-four . measured from midnight to the next midnight will constitute a day. n10xce of Claim: 17.3. Should O�YtiER tx COi TRACTOR ffel` injury or damage to person or property because c any error, omission or act of the other party or u€ any if the other party's employees or agents or others for w acts the other party is legally liable, claim will be muc e in writing to the other lierty within a reasonable time of the first observance of such injury or damage. The ovisions of this paragraph 17.3 shall not be construed as a substitute fbr or a waiver of the provisions of any aappppl' able.statute, of limitations or repuse.Chanulative Raner&es 17.4. The duties and ob' twns General Conditions and the nits and rum available 1 sasda to the parties hrreto, and in iculac but without limitation; the tvatrarRins tees and obligations tapered upon GONTRA OR y,. paragraphs6.l2, 6.16, 6.3t1, 631, 6.32, 13.1, 1 _12,13.1 , 14:1 and 15.2 and all of the rights and remadi arailabvc to OWNER. ant ENGINEER ER therottmla, art b aeidinoh to, arid are not to bo construed in any way as limitation ol, any rights and remedies available to any or all of them which era otheatviso imposed or available laws o Regulations by special warranty or gusignlec r try other provisions of the Contract Documents, and t ovtsaxn of tits ragraph will be as effective as rcpeaud spraifr In the Contract Documents in at with each particular duty, obligation, right and rem y to which they apply. Pigfartiond PYemraad ComilCosittInduAnt 17.5. Whenever reference is made to "cola s, ergs, losses and damages", it.shaU iraludo in each ci poe, but not be limited tok all fees and charges of erigur4m architects, shorneys and otter professionals and all court or arbitration or other dupwrtsohttion eats. 33 34 FJCMQENEM MN'IXUOM 1910.8 (19" 6"ott) vv0 TY OF 17ORT CX)W NS MCX)Wl('ATIOM OtEV4/ZOW) (This page left blank irsc WoWly.) wfCTTYofF(krCMUMMODj rcATnonsotnV4,?Wj) 35 WCMOENERAL C6Np17 OM 19104 0"0 Et %() 36 WCITY OFtOR-ro(A.MMODIFICAT1ON91,R5V4fZCM EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR iiESf UTE RESOLI)1 M AGREEMENT OWNER and CONTRACTOR harebv agree that Article 16 of the Gerheral Conditions of the Coustntcxion Contract between OWNER and CONTRA('TOR is amended to include the following agreement of di parties: 161. All claims disputes and other matters in question between OWNER and CONTRACTOR orisev out of or re to the Contract or the thereof (exceContract Lk r claims which have been waived by the making or acceptance of foal paymrat axnvided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtamag, aub,Nct to the limitations of the Article 16. This agreement so to arbitrate and arty other agreement or consent at arbitrate entered 'unto in accordance herewith as provided in this Article16 will be specifically mforceaNe under the provailitg law of any own having jurisdiction, 162. No demand for arbitration of any claim, or ether matter that is required to be refero ENGINEER initially for decision in accordance with paragraph 9.11 will be muck until the carder of ((a)�the date on which ENGINM has roiidered a written aecnsiort or (b) the thirty -brat day after the parties have presented their evidence to ENGINEER if a wrOat decision has not beat ratdered by ENGINEER before that date. No demand for arbiustion of any such claim, dispute or other matter will be made later than thirty days after the date cc which. ENGINEER has rendered a written decision in respect thereof M accodance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result lit ENGINEEWs decision being final and bixkrig ,peat OWNER and CONTRACTOR. if FNGINEER. renders a decision after arbitration proceedings have bow initiated, such decision may be entered as evidence but will not supersede tho arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written recision of FNClNEER renidexed in accordance with paragraph 9,10 will N made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10, 16A. 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 unity -day or tat -day period specified. in paragraph 16.2 as applicable, and in ell Outer cases within a reasonable time after the claim, dispute or other mutta in question has arisen, and in no event shall any such demand be made after the date when institution of legal or o[µtitable proceedings based on such claim, dispute or otmr matter in question would be barred by the applicable statute of limitations. EJCDC0040 AI. C7O1MTIONS 191" (I"o 6461im) WICITY OFFORT COWINS MODIFicAmom (REv 9199) 16:4, Except as provided in ppaarrnngra no arbitration arising out of or rotating 1 Documents shall include by consolidation ji other manner "'' other person or en ENGINEER, RsIGINE.ER's Coiwhliaat or directors agents employees or consultants who is a petty to this contract unless: 16.4,1, the inclusion of such other per necessary if complete relief is to be i those who are already patties to the arbi 16A.2, such other pent. i or entity involved in a question of law or fact wl to those who are already parties to the which wil l arise in such proceedings, an 16.4.3, the written consent of the o adity sou to be included and of CONTRA . OR has bem obtained for which eauont shall make specific re paragraph: but no such consent shell oat to arbitration of any dispute not shecif in such consent or to arbitration with specifically identified in such consent. 16.5. No nvithstardalg paragraph 16 dispute or other manor in question betweer CONTRACTOR involves the Work of a either OWNER or CONTRACTOR m Subcontractor as a petty to the arbitration bee artd CONTRACTOR havinder. CONTI include in all subooitiucts required by poi specific provision whereby the Subcenhac being .pmod in an arbitration between CONTRACTOR involving the Wee Subcontractor. Nothing in this paragraph provision of such subcontract consenting t create any claim, right or cause of edit SuNcenaMOW and agaittst OWNER, EN ENGINEER's Consultants that does not othe M. The award rendered by the orb final, judgment may he entered upon it in or juri9dictiion tteroot; and it will not i madifirattan or appeal. 16,7. OWNER and CONTRACTOR shall feat submit any and all uns eounntarclaims disputes and other Matta between them arising out of or relating b Documents or the breach hereof (°disputes" by the American Athitratim Asaocciatit Caistrixtion Industry Mediation Rules of Arbitration Association prior to either of 1 against the other a demand for arliinatic paragraphs 16.1 through 16.6, unless Bela arbitration would ,revocably }rejudice one The rospective thirty and ten day time limit to file a demand for arbitration as provided 162 and 16.3 above shrill be suspended wi dispute submitted to mediation within applicable time limits and atoll remain cusp days after the termination of the mediation. of any dispute submituidto mediation under i shall riot serve as arbitrator of such dispute u W 16.5 below, the Contract der or in any y (including the otHcas, any of them) n or entity is orded among boat, and substantially h is caiunon •hitrratiion and person )WNER and idi otchtsian, ranee to this brute consent dly described fry party not if a claim, )WNER and ,an OWNER 1CTOR shall graph 6.11 a r core" to )WNER and Of such ,S not in the joinder shall in favor of INEER or be to Tree that they feel claims at question the Contract to mediation under the he American air initiating pursuant to if the parties. within which mparagraphs respect to a those same tied until ten rhhe mediator OC •At