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202421 CUTLER REPAVING - CONTRACT - BID - 5778 HOT IN PLACE RECYCLING (2)
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOT -IN -PLACE RECYCLING PROJECT RENEWAL OF BID NO. 5778 City of Fort Collins FEBRUARY 2006 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 00670 Application for Exemption Certificate C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer daily. END OF SECTION Page 9 of 13 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work, or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 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 shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the City of Fort Collins "Design Criteria and Standards for Streets", Part 2, General Requirements, Subsection 1.4, "Barricades Warning Signs, Signal Lights". In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. B. For the City of Loveland, Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD). The contractor shall submit a traffic control plan to the Traffic Department (Bill Hange, 970/962-2528) a minimum of 2 weeks in advance of construction. The contractor and any traffic control sub- contractor shall be prepared to discuss the plan with the owner at the pre -bid meeting. 1.5 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION Page 1 I of 13 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. END OF SECTION Page 12 of 13 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to renegotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefore. END OF SECTION Page 13 of 13 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the Larimer County "Urban Area Street Standards", October 2002 (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 210 Adjust Manholes, Valve Boxes and Meter Boxes 405 Heating and Scarifying Treatment REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shalt keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Project Specifications —Page I of 12 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. Project Specifications —Page 2 of 12 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the week following the placement of the concrete. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Project Specifications — Page 3 of 12 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will be provided by the City under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. Project Specifications — Page 4 of 12 SECTION 00610 PERFORMANCE BOND Bond No . 37B=0052 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Bzr, Iry-. (Address) 921 Fast 27th Stet, L—% �, 1Z. 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford E5rn Ire Qmpry (Address) HartfcrdPlaza, Hartford, CI'. 06115 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Qle HrrbEd Eighty gUht Thousand Sam Hxrh-ed Zklirty in ],%wful money of the United States, for the payment of which sum well and truly Vt1T be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the � day of 2066, a copy of which is hereto attached and made a part here f for the performance of The City of Fort Collins project, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within fifteen (15) consecutive working days after work commences. Project Specifications — Page 5 of 12 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in a pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to the overlay. In the event they cannot be adjusted, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. All structures shall be adjusted to be 1/8" to 5/8" below the pavement. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Bituminous Pavement. HBP Grading SG shall be used in all locations except as noted below. In locations where a structure adjustment takes place and no overlay is scheduled, HBP Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1 '/2 ) to two (2) inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be Hot Bituminous Pavement Grading SX on residential, and Grading Son arterials or collector streets: Hot Bituminous Pavement used for "topping" material will be measured and paid for at the contract unit price for Patching. Pavement removal (concrete or asphalt) and placement of bituminous material (Hot Bituminous Pavement) utilized for structure adjustment, including Grading SG and "topping" material (Grading CX), shall be paid for under the contract unit price for Patching. The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. A mix design for Non -Shrink back fill shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Non -Shrink backfill -- also called Flowable Fill or Unshrinkable Fill -- shall be a Portland Cement Project Specifications — Page 6 of 12 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/II. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (I "). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. 3. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type Adjustable Riser", including material (parts). The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods l . Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (F) larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. This item will be paid for under "Adjust Manhole", not including bituminous material. 2. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Ring". Paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that operation utilizing one of the methods listed in the previous paragraphs. The adjustment will be paid for under the matching item. If the structure is adjusted during the grinding or patching operation, the Contractor shall place hot bituminous material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. Project Specifications — Page 7 of 12 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care as not to damage the new pavement surrounding the structure. The "topping" material shall be Grading SX on residential streets, and Grading Son arterial and collector streets. Grading SG shall be used for the bottom lifts as described in Revision of Section 403, Hot Bituminous Pavement — Patching. Subsection 210.04 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will be paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. Payment will be made under: Pay Item 210.01 Adjust Valve Box Pay Unit Each 210.02 Adjust Valve Box With Ring Each 210.03 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.04 Adjust and Replace Top Section of Valve Box Each 210.05 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each 210.06 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 210.07 Tyler 6860 Series 26" Valve Box Top Section Without Lid (Part Only) Each 210.08 Total Valve Box Replacement Tyler 6860 Series, 30" Bottom Section Each 210.09 Adjust Standard Manhole < 24" Each 210.10 Adjust Special Manhole > 24" Each 210.11 Adjust Manhole With Ring Each Project Specifications — Page 8 of 12 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 9 of 12 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement. Rehabilitation shall be done with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement in compliance with the lines, grades, thickness and typical cross sections shown on the plans or established by the Engineer. The work shall include compacting the rehabilitated surface. NOTE: This work shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin material all in one continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature. Turn Bays delineated by median curb will not be included in this project. Signal Loops will be lowered to a minimum depth of 6 inches prior to construction under separate contract. Taper planing will be provided prior to construction under separate contract. MATERIALS Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and shall conform to Section 702.04 and revisions thereto. A manufacturer's certification shall be submitted for each load of rejuvenating agent delivered to the project. The City shall supply sufficient cores at various locations representing the entire project in each city, to determine the bitumen content, absolute viscosity and penetration of the bitumen in the top V of the pavement. The Contractor shall utilize this data to establish the type and amount of rejuvenating additive. The recommended amount, with the test data and core locations, shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval. Rejuvenating agent will be paid by the gallon of actual field measured quantities. Costs associated with producing the mix design will not be measured or paid for separately, but will be considered incidental to the work. Grading SX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. EQUIPMENT The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The equipment shall be on the project in operating condition a minimum of24 hours before beginning operations to allow for evaluation by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no additional cost to the City. The recycling equipment shall meet the following requirements: Repaver Equipment The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating, scarifying (or milling), mixing, redistributing, and leveling the existing asphalt pavement to the specified depth of one (1) inch, all in a single pass. Project Specifications —Page 10 of 12 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or as directed by the Engineer. It shall be capable of applying a one(]) inch new hot mix bituminous pavement layer over the hot, partially compacted recycled mixture. Heating Unit This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and shrubs. It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the required depth without breaking aggregate particles or charring the pavement surface. Scarifying or Milling Units The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1) inch in one pass. Scarifiers or millers shall be equipped with separate, automatic height adjustments which allow clearance over manholes and other obstructions. Rejuvenating Agent Applicator This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved by the Engineer. The application rate shall be synchronized with the machine's forward speed to maintain a tolerance within 5% of the specified rate. The Contractor shall provide detailed information regarding calibration within six months of the beginning of the project. Conveying System This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix bituminous pavement material to the finishing unit. Recycling Unit This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width being processed to produce a uniform cross-section, grade and texture of recycled material. Finishing Unit Rollers This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture. Rollers shall conform to Section 401 and revisions thereto. CONSTRUCTION REQUIREMENTS Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed. The Contractor shal I use all means necessary to prevent the spread of dust and debris during the performance of the work. The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. If damage occurs, the Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc., at no cost to the City. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed under the Project Specifications — Page I I of 12 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT direction of the Engineer or City Forester. The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be considered incidental to the work. The heating shall be sufficient to soften the pavement to the extent that it can be scarified or milled to a depth of one (1) inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt. To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to a width at least 2 inches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a previously placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat. Immediately following heating, the pavement surface shall be scarified or milled to the specified depth. The scarified material shall have a temperature between 225' and 265' F, unless otherwise directed by the Engineer. The material shall be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or as approved by the Engineer. Application rate for the rejuvenating agent may be adjusted as necessary to maintain a uniform mixture. New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method: The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being processed. After it is placed, and while it still has a residual temperature of at least 190' F, a one (1) inch layer of new hot bituminous pavement material shall be placed over it. Grading CX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. Compaction equipment shall be of sufficient type and size to compact the surface course to the required density. Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and as directed by the Engineer. • Depth of scarification may be varied. • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain a uniform mixture. • Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to maintain the design depth of combined recycled and new hot bituminous pavement. The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of temporary delineation. The temporary pavement marking tape shall be placed daily, on the former alignment of previously existing centerline and lane line striping, on the area paved. The Contractor shall be responsible to ensure accurate placement of the temporary pavement marking tape. Tape shall be reflective and uniform in color to the existing striping color they are replacing. The Contractor shall place the temporary pavement marking tape in two (2) foot strips, at twenty foot (20') maximum spacing. The cost of temporary pavement marking tape and installation shall not be measured or paid for separately, but shall be included in the cost of the Work. Temporary pavement marking tape shall be submitted for approval by the Engineer prior to construction. TRAFFIC CONTROL City of Loveland: Traffic Control for the City of Loveland shall I be provided by the Contractor in accordance with MUTCD. Specific information regarding traffic control requirements may be obtained from Bill Hange, City of Loveland, Traffic Department, 970-962-2528. City of Fort Collins: Traffic Control will be provided by the City of Fort Collins Streets Department under Project Specifications — Page 12 of 12 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT separate contract. Extensive coordination between the Contractor and the Streets Department is required. The Contractor shall meet with the TCS a minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project. In the event the project is delayed, the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work again. All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m., weekdays, or as directed by the City Traffic Department. MANHOLES AND WATER VALVES Manholes & valves shall be adjusted immediately following the paving operation, using rings provided by the City, as described in Revision of Section 210, Adjust Manholes, Valve Boxes, Meter Boxes enclosed herein. WEATHER LIMITATIONS Weather limitations for work on this item shall be a minimum of 50' F, and rising. METHOD OF MEASUREMENT Heating and scarifying treatment will be measured by the square yard completed and accepted. Rejuvenating Agent will be measured by the gallon of actual material used in place. BASIS OF PAYMENT The accepted quantities of pavement recycling will be paid at the contract unit price per square yard. Payment shall include cleaning the existing pavement surface, heating, scarifying, redistributing, leveling, placing and compacting bituminous pavement. Asphalt rejuvenating agent will be paid for by the gallon used in place. Payment will be made under: Pay Item Unit 405.01 Hot -In -Place Recycling Square Yard 405.02 Rejuvenating Agent Gallon Project Specifications — Page 13 of 12 a Schifman, Remley & Associates, Inc. AUTHORIZATION TO INSERT DATE OF CONTRACT ON BONDS AND POWER OF ATTORNEY DATE: March 3, 2006 TO: City of Fort Collins, Colorado 300 Laporte Ave. Fort Collins, Colorado 80522 RE: Bond #37BCSDI0052 Hot -In -Place Recycling Project; Bid No. 5778 Dear Sir or Madam: The undersigned is an authorized representative of Hartford Fire Insurance Company, the surety for Cutler Repaving, Inc., contractor for and during the entire period of construction of the project described above. Authorization is hereby given by the surety to: City of Fort Collins, CO. to insert the date of the contract, execution date of the contract on the bonds and the power of attorney. J!RRD7Daber, nAttoomey-Vin-Fe MPANY R.et 5201 Johnson Drive, Suite 500 9 Mission, Kansas 66205 0 913-831-1777 x Fax 913-831-4730 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this each one of which shall tm" , 2 01M. I ;ESENCE OF: �Eek6-r4AY / 7ArgsuAZe (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: instrument is executed in three (3) counterparts, be deemed an original, this G day of Principal (Baler firing, lIC, (Title) 921 Fast 27th Stiff , L-%�, 1Z. 66046 , (Address) Other Partners By: By: i� 3 q,jj1 044, .., . • ... cT. 06116 Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-270281 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Commecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartfor, up to the amount of unlimited: Gary A. Remley, William Schifman, Barbara Tally, Deborah McClendon, Kevin D. Kalish, Joyce A. Tenold, Rosanna R. Dabler of Mission, KS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. F 1.1 constitute and �TY1� }Fwrtrry,yr aAvyy 10Mv, �� �`av, ncvJ; •1Nf1 y tp79 .F }{T97= r949 ' f'o C4, . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ID Scott E. Paseka Notary Public CERTIRCATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 2, 2006 Signed and sealed at the City of Hartford. J uyr� ��F^... r� � a �+�•.� $ "� � I�\•sro „cv,� � 4N.BN 'ss st 5979fe� f97=r• r 'BBMr t J �4�sy �A�✓�'� i1 • � 6A� t i1A '. F�, • '�ttnwoH jJhbMa. L q,' Gary W. Stumper, Assistant Vice President Direct Inquiries/Claims to: POWER OF ATTORNEY P.O. THE BOX 2103, 9 pTA ASYLUMAVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-270281 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana I� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Gary A. Remley, William Schifman, Barbara Talty, Deborah McClendon, Kevin D. Kalish, Joyce A. Tenold, Rosanna R. Dabler of Mission, KS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �� ,•«pt.M1rj♦ � 'paw_ ,•x �••nq� fit. :`b.nn.n.i� ♦aer ,.pr.•..�, aop'"'••'ro'R;,. 91'� �i 368a • _ s rl 9x s i,, _� • of\//��-'•�►��/J� •: ':.nrrncr•,,� • 4�uM• � s 197 9 197 9 ' ?fn 1949 ♦ 1 � yrA'j'��� • 2u..�S •4srW. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HART FORD I ss. Hartford David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. aScott E. Paseka Notary Public CERTIFICATE My Corntnission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing s a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. ��� ♦F\lt.T yJ �� �..:... L - �; a.nurxtr* s tivar � S : \Jpol4� 3 • 1984�� � • g, • F '•„ �y i `+nr r,ct1+� • �•fuM► °i� to7 4 € 3A7Q'� q• • � �t9a r • • epw. __ Gary W. Stumper, Assistant V1ce President SECTION 00615 PAYMENT BOND Bond No. 3=0052 KNOW ALL MEN BY THESE PRESENTS: that ( Firm) BPS pqayAng, Im. (Address) 921 Elgst 27th Ststet, Tip, RS. 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ( Firm) Fbrtfcard ESse Ins_ZarYM any (Address) Har{crdplaza, E3rtfcrd, CT. 06115 hereinafter referred t City of Fort Collins (Municipa sum of o i r United States, for the ourselves, successors presents. o as "the Surety", are held and firmly bound unto the 300 Laporte Ave., Fort Collins, Colorado 80522 a E;l ,M� ef%HfA T�s "the OWNER", in the penal in lawful money of the payment of which sum well and truly to be made, we bind and assigns, jointly and severally, firmly by these THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated theme_ day of Gv►i� rn , 20&, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page l PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this each one of which shall , 20_6 I SENCE OF: �C$lr7-44Y T2CASUASP, (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: / Z ` instrument is executed in three (3) counterparts, be deemed an original, this day of . r . t". Principal Qztler PgMVI g, Ire. C" V By: Y (Title) ? r 921 Fast 27th Sb-s , LmEerM, K5. 66046 (Address) Other Partners CAN WIN ..,. NOTE:' "" Date of Bond must not be prior to date of Agreement. If .,,CONTRACTOR is Partnership, all partners should execute Bond. r' v :; 7/96 Section 00615 Page 2 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regardingClaims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888-266-3488 Fax— Claims 860-757-5835 or 860-547-8265 E-mail bond. claims(a,thehartford.com Mailing Address The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 Direct Inquiries/Claims to: POWEROF ATTORNEY P.O. THE BOX 2103, HARTFORD ASYLUMAVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code_ 37-270281 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, up to the amount of unlimited: Gary A. Remley, William Schifman, Barbara Tally, Deborah McClendon, Kevin D. Kalish, Joyce A. nold, Rosanna R. Dabler of Mission, KS to as constitute ana their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. nl r,rr�I aeq� w rw•nn.rrt:.� LOet 5 $tlf�"�'i A: • rr :`� -i �eBz t: gfuM► s 9970 €& ; 9 °-- aSe • • � � Ci,'S, fr �jYA _._'r�t4 • �' irtaUeH• 4Y,1•Y• ,t. .f'a C,( . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. aScott E. Paseka Notary Public CERTIFICATE My Conunission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is ajrue and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. i� $YT�AIr•krmt z: "+ a �:�I.\�YraretXnAI9{n:Btr,On7NttYaJ*�:r �� M> Lh9i••u0Mt• 'A;as}4r1.1m�9oe7m"$sa ' 4a ^3 �I7X s _ . ( Gary W. Stumper, Assistant Vice President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR LE CUTLR-1 DATE(MMIDD/YYYY) 1 03 03 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Schifman , Remley & Assoc., Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5201 Johnson Drive, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mission KS 66205 Phone: 913-831-1777 Fax: 913-831-4730 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Hartford Underwriters Ins Co INSURER B: Twin City Fire Insurance Co. INSURER C: Cutler Repaving, Inc. 921 E 27th Street Lawrence KS 66046 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSIR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE a OCCUR DaoEccccuurrence) $300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,000,000 1-1 POLICY PROJECT LOC B AUTOMOBILE LIABILITY ANY AUTO 37UENQT0431 08/01/05 08/01/06 (Eaami ent)ED LE LIMIT (Ea accident) $ 1 000 000 r r X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 37WBQT0970 08/01/05 08/01/06 TORY LIMITS ER E.L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE -POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *except 10 days for non payment of premium. Certificate holder is named additional insured general liability as their interest may appear as respects liability arising from insureds operations with regard to the following project: Hot -In -Place Recycling Project Renewal of Bid No. 5778 trtK I IVIUA I t MUL L)LIK CANCELLATION FORTC-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL THE CITY OF FORT COLLINS, CO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. BOX 5778 215 NORTH MASON STREET, 2ND FL REPRESENTATIVES. FORT COLLINS CO 80522 AU H RIZF*D REPftESENTATLVF e-\ n ACORD 26 (2001/08) ©ACORD CORPORATION 1998 00330 BID SCHEDULE City of Fort Collins Bid No. 5778 Hot In Place Recycling Project - 2006 RENEWAL Item No. Description Unit Price Unit Quantity Total Cost 405.01 Hot -In -Place Recycling $ 1.73 SY 98000 $ 169,540.00 405.02 Rejuvenating Agent $ 2.15 Gallon 7850 $ 16,877.50 210.03 Adjust Valve Box with Ring $ 80.00 Each 4 $ 320.00 210.04 Adjust Valve Box with Screw Type Adjustable Riser $ 65.00 Each 7 $ 455.00 210.05 Adjust Manhole with Ring $ 140.00 Each j 11 $ 1,540.00 TOTAL COST $ 188,732.50 One Hundred Eighty Eight Thousand, Seven Hundred Thirty Two Dollars and Fifty Cents. Signed Z�, �� Address 9L 5A,4 GY%7� Company =1�,2WW4 014. 4,4Wkkik6, GS [ 66q-b Phone/Fax Check One: Individual Doing Business in Company Name -?Corporation Partnership IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Hot -In -Place Recycling Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to.include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Cutler Paving, Inc. Gentlemen: You are hereby notified that on the _ day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: Citv of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Cutler Paving Inc. (CONTRACTOR) PROJECT: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. . 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR: Cutler Paving, Inc. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: 20` Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Cutler Paving, Inc. PROJECT: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 OR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80281 CONTRACTOR APPLICATION (303)232-2418 FOR EXEMPTION CERTIFICATE Pursuant toSlatute Sedan 39 26.114(1 Xa)M M The exemption certificate for which you are applying (rust be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. istratbnl ccount o. to be assigned by gpd 89 - 0170-750 (999) $0.00 15 a '� ,r��e off, r8 a name ner, partner, or corporate name Mailing e ress (City, state, zip): n c erson E-Mail address a era mpoyers dentlication Number: amount for your con ec az um er: Business telephone number: 17oloratio Withilolding tax Focount num er I f r i ame o exemp organization ass own on con ac emp organza on s num r. 98 - Address of exempt organization (City, State,zip): Principal contact at exempt organization principal contact's telephone number Physical location of project site (give actual address when applicable and Cities and/or County ties) where project is located) Scheduled Writh uay Year Estimated om ay ear construction slart date: oompletlon date: 77�-§ L° t dedare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer litle otcorporale officer. Date vv nW I "MI 1 M ocr_VYT If11J Link: Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exam ption to subcontractors. Only prime oontrac tars will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Cartlhcate, the prime contractor should make a copy for each subcontractor Involved In the project and complete it by filling in the subcontractor's name and address and signing it. The original Cerlificale 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 891E has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For Instance, if you were assigned 89- 123450001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be Issued by the Department of Revenue. DO NOT enter what you believe to be the next In sequence as this may delay processing of your application. 7/96 Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS NFURTNIMMUMV =#, M"j CONSTRUCTION CONTRACT These GENERAL CONDITIONS have, been developed by using the STANDARD GENERAL CONDITIONS OF ME CONSTRUCTION MNTRACT prepared by the Engineers Joint Cbwraa Documents Committee, No. 1910-8 (19W lidition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENFRAI. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FOXI'COLLINS MODIFICA'11ONS (I2EV 9/99) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6th day of May in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Cutler Repaving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 25th day of April, 2003, entitled Specifications and Contract Documents for HOT -IN -PLACE RECYCLING PROJECT, Bid No. 5778, City of Fort Collins (hereinafter called The 2003 CONTRACT)and all portions interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2003 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until March 1, 2007. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Contract Period. This Agreement shall commence when this contract is signed by the City, and shall continue in full force until March 1, 2007, unless sooner terminated as herein provided. In addition at the option of the City, the agreement may be extended for additional one year periods not to exceed one (1) additional one year period. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Complete within 15 consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 30 calendar days of Substantial Completion. 9/12/01 Section 00520 Page 1 TABLE OF CONTWM OF GENERAL. CONDITIONS Article or Paragraph Page Article or Paragraph Page NumheT &Titic Numher Number Sc Title Number I DEFIXITI(INS. � ...... ....................... ...... .. ... .... 2, PRIELLMINARYMATTERS ............. 1.1 Addenda-, .... ...... 2,1 Delivery of Bonds , . ....... L, Agrecincrit .1 2,2 C* as of Dixatmen ................. 1 3 Application for Payment.--.-..._........... J , I Commencement ofContract 14 Asbestos- , ...... .... Turim, Notice to Proceed .. . ......... 1-5 Bid......... 2,4 Starting the Work.._........ ................ 3 1,6 Bidding Documents, 1 2.5-23 Before Starting Construction'. 1 7 Bidding Requirements... ......... I CONTRACI OR's Re%porisibil ity L8 Bonds................................._.............,1 to Repia I; Preliminary Schediles, 1 9 Change Order ... Delivery of Certificates of 1,10 Contract Documents, J Insurance 3-4 L11 Contract Price .. .. ....... ... . ---1 2.8 Preconstruction Conference- - 4 1.12 ContractTimes ....... .. . _...._...1 29 Initially Acceptable Schedules. 4 113 (*.()NTR.A(-',I'OR 1.14 defective.............................................1 3 3, CONTRACT DOCUNWqTS, UNUNT, 1-15 Drawings,, ANUiNDING, REUSE 4 116 Eflective Date ofthe Agreement . . . 1 31-12 Intent,..,.___.,,, .. ... -4 1,17 ENGINEER 3.3 Reference to Standards and Spe(;i- 1,18 ENGINEEWs Consultant, 1 fications (if Technical Societies, 1,19 Field Ordcr, ........... Reporting and Resolving Dis- I'2Q General Requirements ............._...........2 crepencies; ......... ....... ___ 4-5 1.21 Hazardous Waste 3.4 Intent of Certain 'Perms or 1 22.a Laws, and Regulatiow Lawlor Adjectives..................... Regulations ............. _ . ... ...... 3.5 Attionding Contract Dociments, ....... 5 1 22h Legal Holidays_. . ..... .._......................,2 3,6 Supplementing Contract 1,23 Liens", - , " - ....... ...... .... Documents.., ., . . . . ... 5 124 -Westone, 3,7 Reuse of Document% .......... ............ . 5 125 Notice of Award 1.26 Notice to Proceed_... ............ .2 4, AVAILABILITY OF LANDS, L27 OINMR,_ _ . ... .. .. ... . ...... . ....... . I SU13SLIRFACE AND PHYSICAL CONDITIONS, I I A Partial 11 ilization I on..,,. - , " , , - , -2 REFFRENCF POINTS, , 5 129 PCBs__ .......... ....... - ............ 2 4t Availability of Lands ........... 5-6 1,30 Petroleum . ... ... . ,, .1 . 11.1 -111 --- -- --- 1 41 Subsurface and Physical 1,31 Project. ..... .... ...... .......... 2 Co"fionS ____ .. .... 6 132'a Radioactive Material ............................2 42A Reports and Drawings .... _0 132 b Regular Working Hours .............. ........ 2 4.2 2 Limited Reliance by MXTRAC- 133 Resident Project Representative ' 2 TOR Authorized Technical 134 Samples I Data 6 1 ?5 ShopDfawings- 2 423 Notice of Differing SuNsurfooe 1,36 Specifications ...................................... of PhysicaI Conditions 6 137 Subxntractorl ....................................2 42A FN(TINT-TRs Review., . ........ I IS Substantial Completion 42 1; Powhic Contract Document-, 1.3�) Supplementary Conditions Change, 6 1-41) Supplier'- 412.6 Possible Price and 'I imes 1.41 liadcrgTound Facilities Adjustawnts, 4-7 1.42 Unit Price Work ------ ..... ----3 43 Physical 143 Work I Facill ti es. 7 1.44 Work Chan8c Directive., .... .. 3 4,11 Shown or Indicated_..__... .7 145 Written Amendment 4.3.2 Not Shown or Indicawd, 7 4A Reference Points 7 EXA)C, CIANtAL CONDMOVi 1910 -8 (1991) Ua I 10TO W OTY OF FORT COLTINS , MODIFICATIONS MEV 9,'99) Article or Paragraph page Article or Paragraph page Nurn her & Title Number Number &Trat Number 45 Asbestos. PCBs. Petroleum, HazardousWaste or Radioactive Material ... - ...... ........ 7.8 PONDS AND INSURANCE 3,1-5.2 Performance, payment and Other Bonds 53 Licensed Sureties and Insurers: Certificates of Insurance, .8 S. 4 CON't RACTORs Liability lnsurancc..........................................9 5,5 OWNER!s Liability Insuranc.............. 9 5.6 PropertyInsurance, ................... 10 5.7 Boiler and Machinery or Addi- tional Property, Insurance, , , _10 5.8 Notice of Cancellation Provision 10 5,9 C()NTRACTOR`s Responsibility for Deductible Amounts 5,10 Other Special Insurance ......... ... 10 5,11 Waiver of Rights,_,.,,_-. .. .... 11 512-5,13 Receipt and Application of Insurance Procceds-, . . ...... - ........ lo-11 5A4 Acceptance of Boruls and Iraw- anoe; Option to Replace ....................11 5.15 Partial luttilization--property Insurance,... , .. - _ ..... .. .... . CONTRACTOR'S RESPONSIBRATIES ...............11 6.1.62 Supervision and Superintondencl ....... 11 6.3-6.5 Lahor,%fatcri:03 and E.quipment., 11-12 6,6 progress Schedule,, ,,, .. .... .. ...... 63 Substitutes and "Or -Equal" Items. co.NuRACTOR's E\Wnse; Substitute construction Methods or Procedures; ENGINFFR's Evaluation. .12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others: Waiver of Rights.__ 13-14 612 Patent Fees and 6.)3 Permits-, 6.14 Laws and Regulations 6.15 Taxes 14-15 6,16 Use of Premises 15 6.17 Site Cleanliness 6,18 Safe Structural Loading .................15 6,19 Record Docutnents- 15 6.20 Safety and Protection 15-16 6,21 Safety Representative,, .... ..... 16 6,22 Hazard Communication Programs _16 623 Fmergencies__ 16 6,124 Shop Drawings and Samples_, ...... 16 6, 2 5 Submittal Proccedures, CON- TRACTOR!s Review prior it) Shop Drawing or Sample Submittal........... _.... . ....... 626 Shop Drawing & Sample Submit- tals Review by ENGINEER .... 16-17 6,27 Responsibility or Variations for From Contract Docurn ents-, 17 628 Related Work Performed Prior to LINGINUMs Review and Approval of Required Submittals...-. _ ........ 17 629 Continuing the Work - ' 17 6.30 CONTRACTORs General Warranty and Guarantee. 6, 11 -6 33 Indemnification 17-18 034 Survival of Obligations, ..... ....... . _1 8 OMER W( )RK _1 8 7.1-73 Related Work tit _18 7A Coordination 18 OWNER'S RESPONSIBILITIES 18 NJ C.ommurucations to CON- TRACTOR, . .. . ... ....... .. ...... IS 8.2 Replacement of FN011YEER, _ _ ._18 S3 Famish Data andPay Promptly When Due ..................................Is KA Lands and Easements; Rx-ports and.Tests J8-19 8,5 Insurance 19 8.6 Change Orders,_._.._.. __...19 8_7 Inspections, Tests and Approvals ..... .... 19 8,8 Stop or Suspend Work; Terminate CONTRA(' ' TOWs Services _19 8.9 Limitations on OWNER'S Responsibilities_. ..... .... .. 19 8,10 Asbestos, PC13s, Petroleum, Hazardous Waste or Radioactive MatcrjaJ J9 SAI Evidence of Financkl 1.9 Arrangements.........___ __.._..19 9. FNGIN`EEXSST4VfUSDURI%G (X)NSTRUCTION 9.1 OWNER's Representative_-._- 19 9_2 Visits to Site 19 93 19-21 9.4 Clarifications and Interpre- tations. .... ........... _ ...... _ .......... . 21 9,5 Authorized Variations in Wok 21 r,x:r)c GUNEKAL (70NVI DONS L910-8 11990 ED1110N) w!<M OF FORT COLLINS MMUCATIONN (MV 9`99) Article or Paragraph Page Article or Paragraph page Number & Title Number Number & Title Number 9,6 Rejecting Defective Work . . ............ , , l 13.8-139 UncoveringWork at ENGI- 9. 7-9, 1) Shop Drawings, Change Orders NEFRs Request .....................27-28 And Payments..._ ...............................21 13,10 OWNER May Stop the Work ........... .18 9.10 Determinaticns for Unit Prices,,,.., 21-2' 13,11 Correction or Removal of 9,11.9,12 Mcisions on Disputes; ENGI- Defeclive Work ...........................23 NEER as Initial Interpreter 22 13.12 Correction Period._._._...,...,....._.._ 9,13 ...... LimiLationsonENGINEERs ....... 13,13 Acceptance of'Deficlive Work Authority and Responsibilities ..... 1-2-21 13,14 ()W1'4ER May Correct Nfective Work., 23.29 ('JI,A,N6l,;SINTIII; WORK ., 23 lo'l OWNER's Ordered Change ... ....... __�3 14, PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment_ ..... _ ... ..... . '3 COMPLETION ... ....... _ ... ... _ ......... ... ....... _�29 10.3 Work Not Required by Contract 141 Schedule of Values ............... 2 Documents . . . .. . ..... ....... ...... 23 14.2 Application for Progress 10A Change Orders....... 23 Payment_ ... . .. ....... .... ...... .. . 29 10.5 Notification olSurety... 23 143 CONTRACTOR's Warrantyof Title29 , ..................... cHA.vak OF (,,x)\,*rkA(-r mcp ......... ...... .. . _1; 14A.141 Review of Applications, for 11.1-113 COntTIR-4 P60C, Claim for Progress Payment,,; ....... ........ . 29-Y) Adiumin tnt, Value of 14,8-14,9 Substantial Completion..... , �, . 30 the Work 23-14 14.10 Partial Utilization .......... ..... . _30-31 11A Cost of the Work, ..... 14-25 14.11 Finul Inspection .................... ........ 31 11.5 Exclusions to Cost of the Work. ...... _;15 14,12 Final Application for Poymeril, . ..... 31 11 6 ('ON3'RN('T0Ws Fee .... _, 25 14.13-1414 Finnl Payment and Acceptance, _ _31 11,7 Cost Records,, 2526 14,13 Waiver of Claims ..... . 31-32 11,8 Cash Allowances_ ... ............. "r6 11,9 Unit Price Work., 15, SUSPENSION OFWORK AND TE%\flNATION ............. _ ... ......... ......... ........ 32 CIVIiNGE OF CONTRACT TIMES ............................26 15. 1 OWNER May Suspend Work..-.....- 32 12A Claim for Adjustment 226 15,2-15,4 OWNER May Terminate.. ..... .... 32 112 Time of the Essence, 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CON'TRACTORs Work or Terminate, . ........... _ �32-33 Control 26-27 12A Delays Beyond OWNER'S and 16, DISPUTE RFSOT.1,71ON ..................................33 CONTRAC7OR's Control-,,..,_.. _,_27 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DE'FF ('77T/T* WOR K 13,1 Notice ol`Detcvts� .... ..........................27 13,2 Access to the Work, , 133 1 ests and lnspcctions: CONTRACTOR's Cooperation, _27 13A OWNRks Responsibilities, Independent Testing Laboratory 13.5 CONTRACTOR's ResIxinsibiltues, 27 1.3, 6- 13 7 Covering Work Prior to Inspec- lion. Testing or Approval,-....,. _ 27 47, MISCELLANFOUS., , 33 17.1 Giving Notice .......... 33 172 Computation of Times ..... ....... 33 17.3 Notice of Claim ._33 174 Cumulative Remedies.....................33 17,5 Professional Fees and Court Costs Included___._.___._ I I -33 17.6 Applicable State Laws, Intentionally left blank .. .. ........ .... .... 35 EX111BITGC-A (Optional) Dispute Resolution Agreement QC -Al 16.1-16,6 Arbitration GC -A] 16.7 Mcdiatiun,_ __OC-Al Al EXIV Uk,'NEKAL CONDIFIONN 1910-8 (19911 EDITION) W, CITY Or FORT COLLIN9MODIFICATIONS(krV91911) INDEX TO GFNERAL CONDITTONS City of Fort Collins modifiLations to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number article or Paragraph Acceptance of-- Number Bonds and firswimeq. ... .......... _ .................... 5-14 defective Work. ..... _ . ....... 104 L 115,1313 OWNER responsibility 1br..... ... _45I, 8.10 final paynicnt._ ... ... .............. ... . , ., :9,17, 14.15 possible price and times change 4.5.2 insurance__ . . ., __ - _ .... ..... ........... , ,,, 5,14 Authorized Variations in Work ' othetW(rk-byCO-\Ff12A(-'TOR,,, _ _73 Availability of Lands 4,1, 8A Substitutes and "Or -Equal" Items ....... .. _ _,67 1 Award, Notice of--dcfined. 11 125 Work by 6,30,6,34 Before Starting Construction_ ........ _ ............... _ A' 3-2. & Access to the.- Bid --definition of....._.... ...... ..1, 5 ().1, 1,10, ZA 33, Lands, OkIVNER and CONTRAM'OR 1 11 ,1. .1 1., ...... 4.�_ 4, 6.13, 11A 3, I1 9. 1) responsibilities ......... .. ..... .. ..... ..... .4.1 Bidding Documents —definition site, related Work__.._... _T2 of .1,6(6.82) Work, ................... .... . 112, 13.14,1+9 Bidding Requirements --definition Acts or Omissions.., Acts and Omissions.. of (1 1, 4.2.6.2) CONTRACTOR 6 9.1, 9,133 Bonds-- FNGINIiER 6,20, 9. 133 acceptance of., _5,14 (ANINMR _0.20, 8.9 additional bonds._.- 10. 5. 11 A.5.9 Addenda --definition of (also see Cost of the Work .. ... 11 5 4 definition of Specifications) .... .6 (1., 1,10, 6. 19), 1.1 definition of ......... . ... _,LS _ Additional Property insurances ................................. 5,7 delivery of .. ....... Adjustments— final Application for Payment., 14-12-14,14 Contract Price or Contract general 5,1-53, - 5.13, Times- 1 3.5, 4.1, 4.3.2, 4�5� 9.13,10,5,14,7.6 4.5.3, 9A, 95, 1022-10. 4, Performance. Payment and Other ..... 1-5.2 12,14,9, 151 Bonds- and Insurance --in i progress schedule ............ .. .... ... 66 Builders risk "all-risk" policy form ........ ' ____3.6.2 Agreement-- Cancellation Provisions, Insurance._....,, 5AAL 5,9, 5,15 definition of„_ .............. ............... .......... ),2 Cash Allowances... .................... j 1.8 "All -Risk" Insurance, policy form, . . . . , _ 5.6_1 Certificate of Substantial Completion........ 1,38, 6.30,23, Allowances, Cash., ...... _., A 1 8 14.8. 14 10 Amending Contract E)ocurnents_,, ... ....... 3,5 Certificates of Inspection . ........... _`.-),13.4, 13,5, 14.12 Amendment, Written_. Certificates of Trisurance, � � .... 17, 53, 5411, 5.4,13. in general, L 10, 1.4.5,'9 5, 5 11), 5,12, 66,2 �_63, 5.8, 5,14, 9MA, 14,12 ..0,8.2, 6 19, 10, 1, 10A, 11,2 Change in Contract Pri"-- 12.1, 13,112, I+72 Cash Allowances_._ 111,8 Appeal, OWNTITR or CONTRACTOR claim for price intent to 9. W, 9.11, 10 4, 16,1, 16.5 - adjuslinent . .. . ..... 4A, 4,16, 4.5, 5.15, &8.2, 9.4 Application for Nyment_ 95, 911, W2, 10.5, 11 2, 139, definition of ... ............13 13.13, 13 14, 143, 0], 155 fiNGTINT,F11's Responsibility ...... 9.9 CON7RACTOR's fee ... . ..... ....... ... IL6 final payni ent , _ ., _ 9.13 4, 9.13 5, 14. 1 14 15 Cost of the Work in general_. � ..... . 2.8, 2. 9, , 5�64. 9.10, 13.5 general .. .. ... 1.4-11.7 pmrogrpayment 14.1-14,7 Exclusions to '11.5 review of .14,4-14,7 Cog Rm)rds 11.7 Arbitration ......... ........... ............ ... 16,1-16,6 in general __1,19, 1,44, 9,11, 10,4.2, IOA 3. 11 Astx.stos Lamp Soto Pricng.................._.._..................11 12 claims pursuant thereto _45.2,453 Notification of Surety 103 C ,ONTRACTOR authorized to stop Work .. ..... 4.5.2 Scope of . .. .. ... 103-10.4 definition of, 1A Testing and Inspocnon, I.Incov,aring the Work,,,,,,,,,,,,,, 171OX1 CkNERAL C'ONDMONS 1910.S t1990 LD1111c)5) w! (STY OF FORT COLLMMODIFiCATIONS OtrV9,`991 t Init Price Work � .... . ... .... 9 Article or paragraph NiumbLr Value of Work ..................................................113 Change in Contract'rimes.- Claim for times adjusiment,_ .... 4 1, 4 2.6, 45, 5.15. 68,2, 9A, 9.5, 9.11, IQ2, W3, 12.1 , 13.9, 1113, 13,14, 143, 151, 15.5 Contractual time limits , Delays beyond CONTRACTOR'S control ..... ....... _ ... ... ..... 123 Delays beyond OWNEX& and CONITRACTOWs control I I I ..... .... -12.4 Nod rication of surcty_ . .......... 10.5 Scope of change Change Orders - Acceptance ofDefechve Work 13,13 Amending Contract Documents ......... ............... 3.5 Cash Allow-mic . ... ........ 111 8 Change of Contract ...... ........ ... I I Change of Contract Times .. ........ . ..... ...... 12 Changes in the Work .. . ..... ...... .... ... . )0 (70NNTRAC'rows rec, ....... .... I i,o Gist or the XVork ................ ......... ........ 11.4-11,7 Cost Records derinition of........ 1,9 emergencies_ . ..... ... ............... 6.23 ENGENELMs resfKnsibilitv 9,N, 10A, IL2, 12.1 execution of.._ ..... .............................._...10A Indemnifiction ........................012, 616, 631-633 Insurance, Bonds and .... .... ... ... 5, 10, 5,13, It), 5 OWNER mayterminate, 15.2-15A OWNER's Responsibility .......... ... Physical Conditions -- Subsurface and ........ .... ........... ..... 4,2 Underground Record Docura ents; 19 Scope of Change. .... .. ... ...... ........ 10.3-10.4 Substitutes 6.8,2 Unit Price )Kock I L9 value of Work, covered by_ .................. 113 Changes in the Work.... 10 Notification of surety 10,3 OW'N"ERs and CONNIFLACrOICs respoiisibilifies ....... ....... Right to an adjustracm 10 2 Scope of change ......... ........ ............. ....... 103-10,4 Claims - against CON-I'RAC, I'ORI 616 against ENGINEER against OWNHR .... .... . .. .......... ...... ' 632 Change of Contract Price....., ... I I � °)A, 11.2 Change of i7critract Times....._ . __ ..... 9.4,111 CONTRACTOR's ...... 4, 71, 9A, 9-5, q It. 10,2, 1 1-1 11 9, 121, 119, 14,N, 15.5,17,3 69 CONTRACTOKs Fee -- - -11 1. 11 -1 11 6 Article or Paragraph Number CON'TRACTOFs liability ....... ... 5A 6,12, 016, 631 Cost of the Work . , , , - , - A 1A, 113 Decisions on Disputes ....... .... __9 11, 9.12 Dispute Resolution ...... ........... ... . _ , J6.1 Dispute Resolution Agreement......_... .... _161-166 ENGINEERas initial interpretor- ............ _9_11 Lump Sum Pricing. ll-I., Notice of 17,3 OWNbWs ...... ........ 94,9.5,911, 102, 11,2, 119 13.9, 13.13, 13.14.17.3 OwNliles liability .. .... _ ......... ......... .. " 5.5 OWNER may refuse to make payment.. 14.7 Professional Fees and Court Costs Included 1.75 request for formal decision or) ........ ............. _9.11 Substitute Items - Time ExteAsion, ... 12A Time rc4uiTemtntN . ....._,._...9.11, 12-1 Unit Price Work, .11,93 Value Waiver of -on Final Payment.................14.14, 1415 Work Change Directive...,.., ... . ...... ........... 10.2 written notice required - , � �'. , 1. 1, .9. 11, 11 , 2, 12.1 (71arifications, and Interpretations .... .. _16.3. 9,4, 9.11 Clean Site , _ _ ..... .... fiJ7 CodcsofTechnical society, Organization or Association .... ...... ....................... ...... _3.3.3 Commencement of Contract Times, 2 3 Communications - general ... ............. ... . ... ..... 6.2, 6,9.2. 8.1 Hazard Communication Programs....__ .. .... ... 622 Completion - Final Application for Paymon! ....... __ .......... __14,12 Final Inspection- ... ... ... .... .... .. ., ,,, 14.11 Final Payment and Acceptance ... j 4. 13-14,14 Partial Utilization 14.10 Substantial Completion......_ .... ..... 1.38. 14,8-14 9 Waiver of Claims, ,,, _ _ ... __ ...... ...... .... )4,1,5 corn putation of Tim csi- 1 7,11-IT 2. 2 Coricerning Subcontractors, Suppliers and others 6,8-611 Conferences - initially acceptable schedules prcconsuuetion .......... ........... ..... . Contlict, Error. Ambiguity. Discrepancy- ('O\TI2ACTOR to Report 2 5, 3 3.2 Construction, before starting by CONTRACTOR 15-27 Consiruction Machinery, Equipment, etc, _ fi.4 Continuing the Work_.......................____629, 10A Contract Documents - Amending, .... .................. ......... Bonds 5A EXIA.'G&NERAL CONDMUNN [171 IAON,) WOW Or FORT CQLLIMS MOTHFICAMOM (Pry 9f99) Cash Allowances, ..... ..... .__ ___ ...... _ 118 Article or paragraph Number Change of Contract price: Change ofContract Times .,- - 2 Changes in the Work . ..... ........................ 10.4-10 5 check and verify,, , ........... 2.5 Clarifications and Interpretations ................ _.....,.-3.2, 3.6, 9.4, 9,11 definition of J.In ENGINEER as initial interpreter of ........... ... ?-11 FsNCiINEER as Ots NER's represcntativ c..............9.1 gcneral3 Insur trice ....................... .... ....... ....... . _ .........?.3 Intent ...... , ... 3.1-3.4 minor variations in the Work ..... ..... ......... . 3.6 OANFWs responsibility to furnish data _... _....-. 8.3 OWNER's responsibility to make prompt paym ent__._... _._._._... 3, 14A, 14.13 precedency._ . .......... ............. .... 3.1, 3.3 3 Record Documents,..,,.,,. ...... ' '.. ,...., .,..... _,. ,.6.19 Reference to Standards and SNei cations of Technical Societieq___...........................„ 3.3 Related Work. _ ..._ ............................. ..........7,2 Reporting and Resolving Discrepancies, ....... .2.5, 3.3 Reuse of,.,,. . .... .. . ..... ..........I , .. ......, .. i.7 Supplementing_, .... :....... ............. ................... }.6 Termination of ENiiINEEIt's Employmeni_..,._..,8.2 Unit price Work..........................................._..-11.9 variations .. ....................._........,3,6, 6,23, 6.27 Visits to Site, FNG1NREW,.__ .. _-_-_.... 9.2 Contract Price -- adjustment of _............. 3.5, 4.1, 9.4, 10.3, 11,24 L3 Change of _ _. ..__..._... 11 Decision on Disputes........................................911 definition of ............... ............. Contract Times -- adjustment of,.. .... ... 3.5, 4.1, 9.4, 10.3. 12 Change of . ............_.. - .-._-.....- ._...__12.1-12.4 Com menc-ement. Ot_ _... ..'"-_ _........,.. ._. .... ...... ,2.3 definition of .........., ...... 1,12 CONTRACTOR -- Acceptance of Insurance 5 14 Communications._ ..... _.,. G.2,6.92 Contmue Work ..... ..... .. ........... 6.29, 10,4 coordination and scheduling_, ¢.9.2 definition of........,..,-....,.....,..-..._....,....._ ... ..... 1,13 Limited Reliance on Technical Data Authorized 4.22 Miry Stop Wtsk a Teiminatc-...... _.-._ 1.5.9 provide site access la others, _ ,_- 7:, 13.2 Safety and protection_ _ ., 1 4.3.1 2, 6.16, 6-18, ...... .... ....... 621-G23,7,2,132 Shop Drawing and Sample Review prior to submittal 25 Stop Mork requirements........... . 4 5 2 C O vTRAC,70Ws--- article or Paragraph Number C'ompensation._...... __... . Continuing Obligation,,,.. _-........_.................. .1 A. I5 Defective Work_ _„_ ... .... ,..J-6, 13.10-13.14 flute to corsetrtafaedve Work,,,... _-...__._.-._.....13-I1 Duty to Report -- Changes in the Work caused by ldmargcncy....... ..... b23 Defects in Work oft)thers,,,,,,,,,,,, 7.3 Differing conditions,.... _......... _.... _..._.... 4.2.3 Discrepancy in Documents..,._,,, 2.3, 3.3 2, 6.14.2 Underground Facilities not indicate¢.,. 4.3.2 Emergencies......_ .. _.. .___.., . _..__. .623 Equipment and Machinery Rental, Cost of the Work,. ....... ........ _........... ,.,11.4.5.3 Fee --Cost Plus ........... .,... 11-4.5.6, 11-3A, 11-6 C'reneral WArtanty and Guanintee ....... ........... ..6.30 Hazard Communication programs_,,,, _,6.22 Indemnification .. 6,12, 6,16, 6.31-6.33 Inspection of the Work,.. ............................. 7.3, 13A LaNx, Materials and Equipment..... _. _.... _ .....6.3-6.5 Lawns and Regulations, Compliance by ... _...... ,6.14.1 Liability Insurance,_ ...... --,.,.. ..-., 5A Notice of Intent to Appeal ........... ... _,...9. t0, 10.4 obligation to perform and complete theWork ........................ _,......._..........,...,G.30 Patent Fees and Royalties, paid for tw,._ .......... 6 12 Performance and Other Bonds.,. $.1 Permits, obtained and paid for by.. _ ..„ ..,...fi.13 Progress Schedule ...,......... ..........2.6, 2.8, 2.9. 6.6, 10.4, 15.2.1 Request lbr formal &-cisionon disputes _..... .,___9.11 Responsibilities — Changes inthe Work Concerning Subcontractors. Suppliers and Others„ .................. ._._.... 6.8-6.11 Continuing the Work„ , 6.29, 10.4 CON'TRACTOR's expcnsa,,, ....¢.7A CONUKACfOR's General Warranty and Guarantee .___ ,._. __.6.30 CONTRACTOR's review prior to Stop Diaweine or Sample sulnnittal 5.23 Coordination of -Work,. ,6.9.2 Emergencies ...... ......... ..... ..... ............ ......... ¢ 23 I NLIINEMi evaluation, Substitutes or 'Or,Equal" Items 6.73 Ppr .Acts and (m issions of ( )titers _ „ , 6 21-6-9-2, Q 13 for deductible amounts. insurance ,,,_ __,._5.9 general ....... ...... a, 7-2, T3, 8.9 ffa7ardous Communication Programs,_.6,22 Indemnification ........ _ .. ....... 6.31-6 33 wii DUIV GENERAL CONDITIONS I91U-8 C7990 ED111)14) w? (7TV OF FORT C)LUM MODIFICATIONS (RrV 9%99i Labor, Materials and Equipment..-.. ....... _63.6.3 Laws and Regulations, . Liability Insurance ...... .. ........ ................ .... 5A Article or Paragraph Num ber Notice of variation front Contract E)ocuments, ......... .......... ....... ...... fi.27 Patent Fees and Royalties ........ .................6.12 Permits,_.. . .... .......................... .... __O. 1-1 progress Schedule 6,6 Record Documents,, . ... 6,19 related Work performed prior to ENGINEERs approval of required submittals 0.28 safe structural loading 6.18 Safety and Protection,,,_..._.. 20. TZ 13.2 Safety Representative_.___,.. 6,21 Scheduling the Work_ ......... ............. &9.2 Shop t)Tswririgs and Samples , '"eviaw , , 624 .%(ipf)rnwingsand Samplc.�� by, ENGINE -ER . .. .. . ... .. ............... __6.26 Site Cleanliness,.,, . , , ....... .. . ....... ... . 617 Submittal Procedures ....... ............. ....... 6 25 Substitute Construction Methods and Procedures 6 72 _.... Sulvititutes and "Or -Equal" Items ....... ... 6.7.1 Superintendence _ . ..... . 0.2 Supervision.... ... .. .... ..... . .. ........ 6. 1 Survival of Obligations....._.. .......................6.34 Taxcs____ ............ ............... ......... _4, IS Tests and trispections 135 To Report . ....... .. ... .. . ..... _Z5 Use of Remises.. 6.16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal...._ ...... __ .... .. ..... 6,15 Right to adjustment for changes in the Wort,_ . 10, 2 right to claim , � _ :4, T1, 9,4, 9,5, 9A 1, 10.1 ' 11.2, It 1.9, 12. 1 , 13.9, 14.8. 15.1. 15s, 173 Safety and Protection ... ..... . ..... 6.20-622, 7.1 112 Saletv Reprewrtative _ . .......... . Shop Drawings and Samples Suhmittal.5. .... 624.6 28 Special Consultantsi, It 4A Substitute Construction Methods and Procedure% 6.7 Substitutes and 'Or-Lqual" Items. Expense ............ . ......... ..... .. . 6.7.1, 63.2 Subcontractors, Suppliers and Oiliem, , � 6 8-6,11 Supervision and Superintendcrice .6 1, 6,2, 6.21 Taxes. payment by, 6.15 I Ise of Premws 6 16.6, 18 Warranties and guarantees, 6.3o Warrantyof Title,, 141 Written Notice Required -- CONTRACTOR stop Work or terminate.... .... 155 Reports of Differing Subsurface and Mivsical Condition�..................... _4 1 3 SuIxaunuaf ("UniplLticin 14,8 oii CONTRACTORS --other- 7 Contractual Liability Insurance 10 Contractual Time Limits, . .. ........... ..................12.2 Article or Paragraph Number Coordmation-- CONTRACTOR's res?onsibility .... .. ..... . ...... §.9.2 Copies of Documents- 12 Correction Period___ .... _ .. .... .... ............. Correction, Removal or Acceptance of Defective Work. - in general ...................................10A 1, 13,10-13,14 Acceptance ofDqjactive Work, _ ... ...... ...... 13,13 Correction or Removal of Defective Work . .... ..... .......... .......6.30, 13,11 Correction Period .... ... ......... .............. .. 13,12 OVVNEER May Correct Defective Work , _. 13,14 OWNM,R 'vlay Stop Work.................................13.10 Cost_ of Tests and Trispections'l-111 134 Records Cost of the Work— Bonds and insurance, additional ...................1 1 4 59 Cash Discount-i ... - ..... - ............................. 11 A2 CONTRACTOR's Fee - .... .. - .. .... _1 L6 Employee Expenses_ .......... .. ......... .,.-I 14.5.1 Exclusions to General) 14-11.5 Home office and overhead expensys.............._1 1.5 Losses and damages ........ ....... ........... 1,4,5.6 Matcri als and equipment 1142 Minor expenses . ................. ... 1.4,5.8 Payroll costs on chmrgcs..... ............. 11,4.1 perfofaredbySubcontractors I 1,4_3 Records 11, 7 Rentals of construction equipment and machinery . . . . �, �. , , , _ , , 11 4 53 Royalty payments. permits and license tccs� 1,4,5.5 Site offict and tempvtory facilirjes_ 11.4, ' 52 Special Consultants, CONTRACTOR's, ..... ... JJAA Supplemental ,, - _ ... .. ... .... 11A5 Taxes related to the kklork 11,45A Tests and Inspection _ .... .. .114 Trade Discourts.. .11,4,2 Utilities, fuel and sanitary fiscilifies_. 11A , 5,7 Woik after regular houm............ .... -.-I 1A 1 Covering Wok 116-117 CumulativeRemetlics 174-IT5 Cutting, fitting, and patching.... J2 Data, to be furnished hy0kVNRR. Nv- definition of 17.12 Deoisioris on Disputes..,_,,,...._.,.._ 911, 912 Jqfective--definition of_ 1,14 t?4, efive Work Acwptunceof.,.. 1113 EAIX.' ta?. ltYAAL 1ION' S 1910 -9 41990 EU-110N) ass CITY OF FORT COLLINS MOCIFICAT! ON$ (REV "9) Correction or Removal of .. _....,....__ _ 10A L 13.11 Correction Period _„_.. _ 1312 in general ........ .. . .. . ......_,....,13, 14.7,14,11 Article or Paragraph Number Observation by HNGINEEER .................__.........-. 9,2 OWNER May Stop Work ..... ................ _._ ......13.10 Prompt Notice of Defects........ _... _ _... _.... _..... 13. l Rejecting_.. _.......... _._. ..... .... 9-6 Uncovering the Wok_ 118 Definitions ............. _.. ..._._-.... ..__..... .... ....1 Delays_................................41, C 29, 12 3-124 Delivery of Bonds ........ ... ................ .................... _..2.1 Delivery of certificates of insurance .., .,..._.,. _..._._.....'-7 Determinations for Unit Price4 „ , _. .. .. .......... 9.10 Differing Subsurface or Physical Condition -- Notice of ..... ........... _. .......... _.. ., ......_ _... A.2,3 ENGINEEI2's Review......................................4.14 Por;sible Contract Documents Change.,_..._._... 42.3 Possible Price and Times Adjustments_, .,... ... 4.2 6 Discrepancies -Reporting and Resolving .... _.. _ .....__... _? 5. 3,3.2, 6.14.2 Dispute Resolution -- Agreement .............. _..................... , .......,. 161-16A gcnera116 Mediation_, . ...... ........-,..._.... ., , ., ....,.. 16.6 Dispute Resolution Agreement, ,___.,____ ..._.16.1-16.6 Disputes. Decisions by MOINIEER.... .............. ? I1-9.12 Doeumcnts-- Copicsof,. _..._.. 22 Record 6.19 Reuse of..._..- ..._.......... ...... . Drawings --definition of.._.. 1 15 Eascmtents.............................................................p.i Et%rive date of Agreement -- definition lj..............1,16 Emergencies_ ... 623 ENGINEER -- as initial interpreter on dibpute4............ J.li-9.t2 detiniton o , _,......._1.17 Limitations on authority and responsibili tics..... 9,13 Replacement of-, 19 Resident Project Representative, . _. 93 EN GINEER's Consultant -- definition of ........ ........1. l $ k,:rti MEER's-- authority and responsibility, limitations of?._..,,.9. 13 Authorized Variations in the World Change Orders. responsibility fin .... 9 7- 10, 1 L 12 Clarifications and Interpretations_, .. _.. 16.3, 9A DecisionsoiDisputes,., _-,9.11-9,12 defective Work, , notice of .......... ...... 111 Evaluation of Substitute items. __.....,,........4-73 Liability ............... ___ ... ....... ....... ...._...., ti_32, 9-12 Notice Work isAcceptable ........ _._14.13 Ob--ervataoms_................................_... 6 30.2, 9 2 OIt;'131,R'sRepresentative. ___ _.g.l .............. . . Payments to the CONTRACTOR Responsibility for ..,-.._...... 9.9.14 Recommendation of Payment.__. _ ._ 14A, 14.13 Article or Paragraph Number Responsibilities —Limitations on, ..... ..>.. ...... 9,11-9.13 Review of Reports on Differing Subsurface and Physical Conditions, ..... ...... ._.... ..... 414 Shop Drawings and Samples, review responsibility.._ _........ ___.6.26 Status During Cutstruction - authorized variations in the Work— ... ..........9 5 Clarifications and Interpretations_, .._... _..... _9.4 Decisions ort Disputes ....... . .. ... ...9.11-9.12 Determinations on Unit Price .._. . _._. _...9Att ENGINEER as Initial Interpreter ENGIN'EER's Resprnsibilitics ................ 9,1-9.12 Limitations on ENGINEER'., Authority and Responsibilities._.,.... ... .. ... 9.13 OWN -Ws Representative ... ............... ........ 9.1 Project Representative....._. _ ..__ 93 Reiecting Uu%crive Work9.6 Shop Drawings, Change Orders and payments, .. ....... ......... 97-9.9 Visits to Site„_, ,,_„ 2 Unit Price determinations....,__ ...... ,.. ..9.10 Visits to Site ... ..... _.... _._._9.2 Written consent required..._..... ...... ..............,7.2 9' 1 Equipment, Labor, Materials and .......... .............. $.3.6.5 Equipment rental, Cost of the Wok _ _.-114.5.3 Equivalent ldaterials and Equipment >... . , . , 6.7 error or oitissions....... ... ....... ............ ....._.--6.33 Evidence of Financial Arrangements .... _..... __..., $.Il Explorations of physical conditions ........................4 2.1 Fez, CONTRACTO R's--Casts Plus ...........................I L6 Field Order -- definition of, _.,,.......... ,........... ,,._... ..........1.19 issued byENGINE W- ...... _.. 3.6.1, 9.5 Final Application Ior Payment.....,, __ .. , ,_-,14.12 Final Inspection ........ ................ .............. ...14 11 Final Payment -- and Acceptance .. 14,13-14,14 Prior to, for cash allowances_.. .__ 11.8 General liot�isions ........................................... 17.3-17.4 (leneral Requirements— dctini.tion of,,,...,....- .,..1_20 principal reterenccs to . _ G a 4 6_6 6 7, 6.24 61ving``ottee .___... Gtanrantee of Warn —by CONTRACTOR _ _ 6,30. 14.12 Hazard Communication Programs., fi 22 lbizardow Waste — definition of................................._.....__.,.....,.J 21 general Ut1' ER'sreslronsibihtvfor........ ._ .............?t.it) ix RR.'W GrNFttAr CONDHAUNs t9ia-8 t19ae 11,4110vt wi M t1r' FORT C OLUNS MODIFICATIONS (RM' 9;99it Indemnification 0,12 6 16, 631-6.33 initially Acceptable schedules, .9 Inspection— Certificatts of .... ... .................9.13.4, 13.5, 14A2 Final...... .... .. . _ _ ............................... 14,11 Article or hragraph Number Special, required byENGINEUR__ ......... ....... ....96 Tests and Approval ........... ......... R,7, 113-13.4 Insurance— Acceptance of, by OWNER._ 5,14 Additional, required by changes in the Work .......... 11 A.5.9 Before starting the Work..,..,.. . .. .... 2.7 Bonds and --in general.,.,,,,,._.... . Cancellation Provisions_ ...... ....... . ....... Certificatesof 5, 53, 5AM, 5AA3, ....................5.6.5, 5. 8, 5.14. 9-13.4, 14.12 com pitted operations ....... ......... ._ .... 1.5,4113 COVirRACTOR's Liability-- .... __ ... ...... .. ......... 5.4 CONTRACTOR's objection to coverage,,,,,,,, ... 5,14 Contractual Liability..__....,___.. 10 deductible amounts, CONTRACTOKs responsibility ............... ... _ .... ......... ........... 5,9 Final Applicalion for Payment ..... _ ......... ..... .. 1412 Licensed Insurers.,,.,,,.............. - 1"... _5_3 Notice requirements, material charges_, .... 5.8, 10,5 Option to Replace._.__ .......... ..... ... . .. ........... �514 other special insurance* ....................................5.10 OWNER as Fiduciary for insureds .... ....... 512-5 13 OWNER'sLiability,._ 3.3 OWNEWs Responsibility, . ........... ...... ... . . . Partial Utilization, Property Insurance,,_ . ..... .. 5. 15 Property. 5,6-510 Receipt and Application of Insurance Procecds_ 5.12.5.13 Special Insurance . ...... I0 Waiver of Rights...,.,. „ ......... ....... ... 5.11 Intent of Contract Docum cars ...... .. Interpretations and Clarifications ... ....... .. . 13,63: 9 4 Investigations of physical condiriortk__.... ... .... 42 Labor, Materials and Equipment,_ ..... .. .. . Lands— and E asein art s .... ... . ... ...... S_4 Availability of .. .............. . ... ........ 4, L 8.4 Reports and Tests, Laws and Regulations --Laws or Regulations-- Bco)(ts _ 5,1-52 Changes in the Work 104 Contract Dovuments 3A (,oN'rkA('T0R's Responsibilities ......... ....... ... 614 Correction Period, defective Work, 11 yi 12 Cost Of the Work mX03 ...............................11 4,5A definition of_ generaVi 14 Inderanificution6.31-6.33 Insurance_._______.._._..._..-._....__ ....... ......... . '53 Precedence_ , . __ , . . __ , - 3 3.33 Reference to........................ ... ..... .....3.3.1 Safety and Protection, .. .............. . ... .. .... 6.20, 132 Subcontractors, Suppliers and Others, 11 - I I ". 1 & 84 11 Article Or paragraph Number Tests and Inspections, ... ... . ...... .... .... . . Use of Premises.., ................ . ........ .. ...... Visits to Site.- , Liability Insurance.. CONTRA(-rOR`s .......................................... OWNTK5_ ... ............ ........... Licensed Sureties and Insurers..,.,...... ........ ..... Liens -- Application for Progress Payment, CONTRAMOR's Warranty of'ritic ....... Final Application for Paymcril....................... definition of....... ........ ....... .... ........ . ..... . Waiver of Claims ............ .. ................. Limitations on ENGMER's authority and responsibilities. .. . ... .. ... ........ .. Limited Reliance by CONTRACTOR Authorized.................... ............. ................. \1aintentince and Operating Manuals -- Final Application for Payment .... .. __ ...... Manuals (of others) -- Precedence - _ � . .. ........... ........ .. Reference to in Contract Docurricrits-'.. Materials and cquipment furnished by C!ON*rRA(-FOR not incorporated in Work,..,. ... .. Materials or equipin ent--c4uivaIenk._ .... ..... . Mediation (Optional) . .. . . .. ........ . ..... Milestones --definition of_ ........... Miscellancous-- Computation of Times., ..... Cumulative Remedies,.......... ... ... .. Giving Notice ...... ... ...... ...... .. .. Notice of (71amn Professional Fees and Court Costs Included .... Multi -prime contracts_ ... .... . Not Shown or Indicated Notice of-- 13, 5 616 9.2 5.4 53 14.2 143 ...14.12 _i-n ,14,15 9 13 42 22 34,12 3.3-3.1 ."33A 114 17.1 173 7 413.2 Acceptability of Roject 14.13 Award definition of, .1,2i Claim. ........ ......... .......... ................. 173 DetectsJ 11 Diftering Subsurface or Physical Conditions, Giving . . ......... ............... _., , , , _ , , , , - 17.1 Tests and Inspections, . ....... . Variation, Shoji Dmwing and Sample,................(.27 Notice to Proceed_ definition of '_ ........... ...... ... ... _1 26 giving of EXAX! CINNERAL CONIATIONS 1910,8 (1994 UIAI [ON) vri CJTY or FORT MT.UNS MODIFICATIONS IREV 9.9.1) Notification to Surety .. ........... ... . ..... 10.5 Observations, by ENGINEER 630, 9.2 Occupenu)r of the Work .......... ........ 5.15,630,14.14.10 Omissions or acts by CONTRAC71 OR ........ _ 6,9,9 13 Open Peril policy form, Insurance-, . . ........... ...... .. S,62 Option to Replace .... ....... ....... ......... ... __ .............. 5-14 Article or Paragraph Number "Or Equal" Items.._......._..........._._......_... ......... . . 6.7 Other work 7 Overtime Work—probibition, of 6.3 OWNI;R-- Acceptance of ckfeciive Work__ .......................13.13 appoint an ENGINEER_. . ........ ....... ... ____ &'_ Availability of Lands, responsibi lily_. , .. .... .... 4.1 definition of......._............._......_....... 1,27 data, furnish . ..... . 83 May Correct Defective Work.. ........... 13,14 May refuse to make payment ......... _ ....... _ 14,7 May Stop the Work_ ......... .. .... . 13,10 May Suspend Work, Taminatc .... ............. . .. _$.8, 13,10, 15A-154 Payment, make prompt, .............. _ _ $3, 14A, 14.13 Performs= of other work...,... _......................... Tl permits and licenses, requirements ... _ . ......... purchased insurance requirements........., _5.6-5_10 OIANER!s-- Acceptance of the Work ..... .6,30, 1_5 Change Orders, obligation to oxcca; ..... 8,6, 10A Coram unitationij .... ..... _ ........ .......... ___$ 1 Coordination of the Work 7 4 Disputes, request for decision...,,. Insip"-fians, tests and approvals ...... 8.7, 13A Liability Insurance..,_ . .. ...... . ...... ,5,5 Notice of Defect% ..............................................33.1 Representative —During Construction, ENGINEftR's Sunni_ .. ...... 9A Responsibilities— Asbestos, PCEI. Petroleum, Hazardou!, Waste or Radioactive Material 8 10 Change Orders. Changes in the Work......... . . ... .... 101 communications..,,,.._.._ 8,1 CONTRAC'Mks responsibilitic4 S, 9 evidence or finaricial arrangements ... . ... 1 inspections, tests and approvs1s, 8.7 Insurance 5.5 lands slid easements_ prompt payment by_ replacemcnl of ENGINEER 82 reports and test-, . . ..... .. .... ....... 84 stop or suspend Work, .. ..... ... ... 13 If), 15,1 terminate CON7RACTOWs services 13. K 152 separate representative at sitq_ ......... ........ ...... I testing, independent....____ 13.4 use or occupancy of the Work .... .... ...... ........ 5,15, 630,24. 14.10 written consent or approval required ...... __ _ _ , _ .............. . _ 9. 1, 6.3, 11.4 EJCM UENERAL COM)MONS 1910-8 (19W EDITION) wr (ITY OF F(*r MAINS MODMOATIONS MY, IWWt 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the fifteen (15) consecutive working days for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial each calendar day (30) calendar day Work is ready for ARTICLE 4. CONTRACT PRICE Completion, Five Hundred Dollars ($500.00) for or fraction thereof that expires after the thirty period for Final Payment and Acceptance until the Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ 188,732.50), One Hundred Eighty Eight Thousand Seven Hundred Thirty Two Dollars and Fifty Cents, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 9/12/01 Section 00520 Page 2 Article or Paragraph Number written notice required .. ... ....... .. . 7, 1, 9.4, 9.11, 11,9, 14,7, ISA TICBS.- definitionof... J. 29 45 OWINLR's responsibility for, ........ .. ......... ..... .. $,10 Partial Utilization— definition general 6 30,2,4,14 10 Property Insurance..... .... .. .... 5,15 Patent Fees and Royalties, ..................................6 12 Payment Bonds 5.1-5.2 Payments, Recommendation of .... ........ .14A-14,7, 14,13 Payments to CONTRACTOR and Completion — Application for ProgressNyments, . ...............14.2 CONTRACTMs Warranty of Title . _ . _ 14.3 Final Application for Payment..._.... ........ Final Inspection ...... ......... ... ... ... 1411 Final Payment and Acceptance.,.,, ...,_ ... 1413-14,14 general........._.. .. ........ .... .................... .. 83, 14 Partial Utilization 14,10 Renamage............... ..........................................14.2 Review of Applications fir Progress Payments ......... ... ...... +4-14 7 prompt payment. ...... . ... ....83 Schedule of Values,., ..... __14,1 Substantial Completion_ 148-14.9 Waiver ofClaims 14.15 when payments due.._ ........... ....... 14A,14-13 withholding payment 141 Performance Bonds, _5.1_5.2 Permits 613 Petroleum -- definition o.......................... ........ ...... 30 general .... ___ ........... ...... _ ... .... 45 OkkNER's responsibility for. ...... .. ........ 810 Physical Conditions -- Drawings of., in or relating tc,_ ..... .. .. _4.2. t 3 ENGINEER's rcvicw_,_,, existing structures,, general 4,2, J,2- Notice of Differing Subsurface or, ... .. ..... Possible Contract Document.s Change__ _4,15 Possible Price and Times Adjustments.., 4.16 Reports and Drawings ..................... I] Subsurface and, A2 Subsurface Conditions, 4 11 1 Technical Data, Limited Reliance by CONTRM,71'OR Authorized.,_ 4,2.24 Underground Facilities -- general__ .............. ...... ......................43 Not Shown or thdictied, 43.2 Protection of .4 3, 6 M Article or Paragraph Number Shown or Indicated.,.--.._....._ . . ... ... _ ........ . ..... 43.1 Technical Data_ ... ......... .. .. ...... . __ 4,12 Preconstruvtion Conference ....................................... 2.8 Preliminary Matters .... .. .. ......... . . . . ..... . Preliminary Premises, ("So of 6,16-6.18 Price, Contract —definition of 1.11 Progress Payment, Applications for )4.2 Progress Payment--retamag; .... ....... ...... ........ 14,2 Progress schedule, CONTRACTMk, ....... '. 6, 2 8, 19, 6.6. 6.29, 10A, 15,2.1 Pr(Aect--definition of 31 I'toja-t Representativ c- ENGINTER!s Status During Construction..... 93 Project Representative, Resident --definition of, 1 33 prompt payment by OWNER ................................ - 83 Property I nsurance-- Additional genera15.6-5,10 Partial Utilization ...... . .... . ........ .... 5,15, 14A0,21 receipt and application of procLeds.. Protection, Safety and ............................. _6.20-6.2 L 13.2 Porch list 11 Radioactive Materi al-- defintion of-_... _.. 1.32 general4.5 OWNER's responsibility for, ... ............ Recommendation of Paymcnt................14.4, 14,5, 14.13 Record Documents ...... .. ..... . ... 6,19, 1412 Records, procedures for maintaining,..-, __ _ , , 2.8 Reference Points.,,,,,, ...... - .... .......... ... . ... . 4A Rolerence to Standards mid Specifications of Technical Societies_, ........ ............. .............. 33 Regulations, Laws and ......................................6.14 R*oting Defecfive Work_._,._ 9,6 Related Work -- at Site ... .. ....... 1-73 Performed prior to Shop Drawings and Samples' submittals review ....... 0.28 Remedies, cumulative 174, 175 Removal or Correction ofDefective Work 13,11 rental agreements, OWNI IM approval requirej ... 11,4.5,3 replacement of ENGNEER- by OWNER --- .......... 8.2 Reporting and Re,%)Ivme Dvscropencics_ 2 5, 3.3 2. 6 14,2 RePkWt_S-- and Drawings, .4.2.1 and Tests, OWN-' Xs responsibility,.....,.. 8A Resident and Prolect Representative -- definition of_ 1 33 provision for ..... ...... ............ ____ ........ ... 9 1 Nit EACT.N., UINMAL COMA I IONN 1910-8 (MM) I-I)ITIox) WOW Or FORT COLIANS MODTFICATIOM. MV9,99) Article or Paragraph Number Resident Superintendent, CONTRAC`fOWs, .. ,....... 6.2 Responsibilities-- CONYRACTO ICs-in general ........ t5 ENGINEFWR in general . ........ .................9 Limitations tn,.13 OW'N Ws -in general...... Retamage 14.2 Rcuse of Documents ... .... . 33 Renew by CONTRACTOR: Shop Drawings and Samples Prior to Submittal,,,.._.__. ...... ...... .6.25 Review of Applications for Progress Payments ,.,.. 14 4-14.1 Right to an adjustment..,._.. .. ..._.. _ ., .10.2 Rights of Way..,... . 4A Royalties, Patent Fees and ............ ......... .............6.1? Safe Structural Loading .............. .............. .._......... 6.1ti Safety -- and Protection . .......... ..... 4.3.2, 6.16, 6.18, ..____._.6.20.6,21, 72, 13.2 general ............................... 620-6 I Representative, CONTRACTORs.... 21 Samples — definition of .. . . .......... ... ... ......... . ._........... 1.34 general _........ . 6.24-638 Review by CONTRACTOR ... _........ -..-_... .... .....6.25 Review by ENC3IN6ER................................20, 627 related Work .... .............. ........_.................. .......5.28 suhmittal of.._.. _. _.. 0.24.2 submittal procedures ..... 6.25 Schedule of progress......... .......... 2.6, 2,8-2.9, 6.6. 10.4,152.1 Schedule of Shop Thawing and Sample Submittals ..........................--2-6, 2.8-29, 624.6.28 Scheduled Values__ ---.. ?,6, 8-2.9, 14. b Schedules — Adherence to, ........ ..... Adjusting..__._ . , .,.....-. 6.6 Change of Contract Times................................10.4 Initially Acceptable..__. .,.. ...._ '8,2.9 Preliminary_,.. _.. .....2.h Scope of Changes .-_....... ................ 10.3.10.4 Subsurface C;onditions,_. Shop Drawings -- and Samples, general..,.... ..._6,24.623 Change Orders & Applications for Payments. and _..... .......`7.7-9.4 definition of,.. I'M ENCr1NEER`s approval of. ..�.,_ ...., rNe�Tly` ER'sresponsibility ..,3.62 for review. _......................_.... _.....9, 7„ 6,24-6 28 related Work _ _..._._6,28 review procedures.,,,, ..... ........... _2-8, 6 24.6-29 Article or Paragraph Number submittal required.,,,,_,. ..... ................. _...._,_..624.1 Submittal Procedures .......... .......... ............ ........6-25 use to approve substitutions .... .... _.. _ _ .._..0.7.3 Shown or Indicated...._ ........................ 4.3.1 Site Access . ............ ........ .......•7 2, 132 Site Cleanliness _. 6.17 Site, Visits to -- by ENUINEER_.. . _ .. 9.2, 13.2 by others ... 13.2 "special causes of loss" policy ram, insurance ,,,, j.6.2 definition of. ... _._........... ........ ..........__..:.......J.36 Specifications— definationof ...... _..... ............_...__ _...._....1.36 of Technical Societies, reference to precedence................................. ............ Standards and Specifications of Technical Societies ............... _.,...........,...._.. 33 Starting Construction, Before..........................2,5 2.8 Starting the Work .,,..... ........ 14 Stop or Suspend Work -- by C)ONTRACTOR ..................... ...15.5 byOWNER........................_.,.I...,_I&8, 13.10, 15.1 Storage of tripment,... -_... ..,__-..4A,72 Structural Loading, Safety_ ....... ......... 6.18 Subcontractor -- Concerning .................. ...... I definition of....._ ................... .......1.37 delays .... ._... ...123 waiver of rights ....,..._.... .. 6. t! Subcontractors --in general ti.8-t.11 Subcontracts --required provisions..S ll, 6.11, 11.4.3 Subnt ittals-- Applications for Payment .... ............. .._...._....,,14.2 Maintenance and Operation Manuals ....,-14.12 Procedures ... .,,.... .. 6.25 Progress Schedules._ _-...2,G, 2.9 Samples ...... . ......__. _._. ..0,24-6.28 Schedule of Values ................... ... .._...........2.6, 14,1 Schedule of Shop Drawings and Samples Submissions 2.6, 2,g 29 Shop Drawings ..-............ — 6-14-6.28 Subrstantiai Completion-- certification of, ._ ...._._ ..., . t ir12-3, 14-8-14.9 definition of, _.........- 1-38 Substitute Construction Methods a Procedures..--.. 6.7.2 Substitutes and 'Or E uaP Items q Ct 6NTRAC:TOR`s lixpensc,_- ,.. _ _ {z7.13 1;1vGINE 'R's Eraluatton.,..._.... 6 7 3 "Or -equal" _.............. 6 7.1.1 Substitute Construction Methods 6.RW GENE'RAI, C(SNIA (IONS 19104 ti 9" tits w! CITY • (W MAT COLLINS MO1)JnCATTQNS (REV 9i99) Article or paragraph Number or Procedureq..... .... ......... ......... _6 7_2 Substitute Items 6.7 1,2 Subsurface and Physical Conditions -- Drawings of, in or relatrig to,,,,,, ,,, 4.2.1.2 ENGINEWs Review,.- 24 general ....... ........ 42 Limited Reliance by CONTRACTOR Authorized........... .... 4 2 2Notice of Differing Subsurface or Physical Conditions,,,,,_,_,.,_ ........ . _4.13 Physital Conditions 4,11.2 Possible Contract Documents Change . ..... 4.15 Possible Price and Times Adjustments, ... ..... 4,2.6 Reports and Drawings_ ...... . 4 2 . I Subsurrace 42 Subsurface Conditions at the Site, ........ 4,21 1 Technical Data ... __ ......... ...... ...... .. ... .. - 422 Supervision— CONTRACTORs responsibility,,, ...... . 6,1 OWNER shal I not supLry iK - � _ _ • .................. __ 8,9 FNGINFFR shall not supervisq., ..............9.2, 9,13.22 Superintendence ...... ...... ............ .... . ... 62 Superintendent, CONTRACTOR's resident, ...... 6,2 Supplemental costs.,,,,,.,,.,, •, . .... Supplementary Conditions -- definition of l,39 principal references tq .... ....... J10, 1,18, 2.2, 23, 111.1- .... !4,2, 43, 51, 51, 5.4. 3,6-5.9, 5. 11, 6.8, 6.13, 7A, 8,11, q3, 9. 10 Supplementing Contract Documents,..,..._.. .. ...... 3.6 Supplier -- definition of ..... 40 principal references 63, 6,8-611, 6,20, 6,24, 9.13, 14,12 Waiver of Rights,,,,' 6. 11 Surety -- consent to final payment., ....... 14, 12, 14 14 E NIGUNIFER has no duty to, ............................... 9,13 Notification of_ . ......... ...... I o, 1, 1 o,5, 15 qualification of - Survival of Obligations......._ ...... 6,34 Suspend Work, (AVNER May 13,1 SUSpenSion of Work and Tcrmination., 15 CO\'Tk-\CT(',)R May Stop Work orTerminate_155 OWN URMay Suspend Work 15 1 OWNFR May Terminate ... .... 15.2-1-5.4 Tnxes--Paymeru by CONTRACTOR (,)15 Technical Data -- Limited Reliance by CONTRACTOR ,, . ....... .... 4,12 Possible Price and Times Adjustments., . 4.16 Reports of Differing Subsurface and Physical Conditions xiv Temporary construction facilitt", .41 Article or Paragraph Number Termination -- by C70114TRAC-1-OR . , - � ....... .. . .. .. ......... __ 135 by OWNER, � ... . ... ........................... ..... 118A 15.1-15A of ENGINKERs employment_ ....... .......... ..... .. $.2 Suspension of Work-in genera! _ ...... ... ....15 Terms and Adjectives 1A Tests and lnspections.. Access to the Work, by others., . ... ......... 13,2 coNTRAcrows responsibilities ......................13.5 135 cost of 13.4 covering Work prior to-......,, ..... .. 13,6-137 Laws and Pegulations (or) 115 Notice of Defects ..............13.1 OWNER May Stop Work-, ... ... . ...... 13.10 OW NER's independent testing .......................... J13A special, required by ENGINEFRI".. "I timely notice required_,,........ .. . ........ . .. 134 Uncovering theWark, at FINGINMEWs request . .......... . . . ........... .. .. . . 13-8-139 Iimes Adjusting... ......... ............. ............... ........ (),6 Change of Contract,-,_..,._..__... .. .. ... _12 Computation of " 112 Contract Times--dcrinition of_ ..... . ... . 1.12 day... ........ ......... ....... 17.2 1 Milestones __ .............. ..................... 4 Requirements -- appeals .9,10, 16 clarifications, claims and disputes ......... 12 Commencement of Contract Times 2.3 Preconstructim Conference schedules ....... ..... _ ............ 2,6, 29, 6,6 Starting the Work..-..._."1 "..' . 1 1 2.4 T it] e, Warranty of . . _. _ _ � ......... ..... __ ____14.3 Uncovering Work.._ . ...................... 13.8-13.9 Underground Facilities, Physical Conditions -- definition of ............. .... ... ....... 41 Not Shown or Indicated 4.32 protection of, 43, 6 20 Shown or Indicated,, Unit Pi ice Work -- claims 1193 definition of 1 4' general] L9, 14L" 145 Unit Prices-- generall 1.3,1 Determination for 9io U'w of premises_....-_, ...... 6.16, 6 18, 6,30 2A t7fility owners .. . ......... .......... 13, 6,20, 7.1-7.3, 13.2 Urifin, lion, Partial, , - - , - 1,28. 5.15, 6,30 2.4. 14,10 Value of the Work................ ............ _1 1,3 Values, Schedule of 21,6. 2,8-2.9, 14.1 WCITY Or FORT COT.U?�NMOFAFICATIONS (RrV 9199) Variations in Work--Mmor Authorized. Article or Paragraph Number Visit.- to Site --by FNGJNTFER_ ......... ...... __ ..... .... . n .1 Waiver of Claims. -on Final payment.--,-_...__ .., 1415, Waiver of Rights by insured partied __ ........ 11, 631 Warranty and Guarantee, General --by CONTRACTOR,,.., 630 Warranty of Title, CONTRACTORS__.._ ........ . ..... 14.3 Work -- Access to 11 "1 1 1. 1. 1—, . 111.1.111.3.2 byothers...... ..... ___ ....... ......... . ... _ .... _ ... _ .... . ..7 Changes in the.... __ ........ ......... _ ........ _ _ _ , 10 Continuing the__ ........ .. .......... ............. 6 29 CONTRACTOR May Stop Work or Terminme___ ... ...... .. ....... .... ...... 15.5 Coordination of, 7.4 Cost of the 114-115 definition A 41 neglected by CONTRACTOR, . ........ . ..... ..1.3 14 other Work.................................. 7 0I)vINLR May Stop Work . ........ .. 3A 1 o OWNER May Suspend Work ........... ... 13,10,15A Related, Work at Site ......................... ........ 7,1-7.3 Starting the,.,........... .. �4 Stopping by CONTRACTOR, , ........... , 11.53 Stopping by OWNER .... _ ...... __ __ .... . .... 13J-15.4 Variation and deviation authorized, in mot Work, Change Directive— claims pursuant rQ.............................................U7.2 definition of, 1 44 principal references to ..... .. . ...... 3.53. 16, 1 - 10. 2 Written Amendment-- defimition of 145 principal references ttj ... 1. 10, 3.5, 5, 10, 1512, .....6.6.2, 6X2,6 19,10 1, 10.4, 1 13.12-21 14 7_2 Written Clarifications and Interpreltations........................ 16,3, 9.4, 9.11 Written Notice Required. - by CONTRAC7011 ... ....... ...... _71 0-9 11, 104, 111 12.1 by 0XVNIN 9 10-9, 11, 10 4, 11 2, 13 14 xv fiJC[X7(3FNM(AL CONDIIIoNS ojo_8t I W(j jj)jJj()v) W MY OF FORT COLI.M. MODIFICATIONS(REV 9`919) (This page left blank intentionally) At, COM)ITIONN 1910.8 (199(1 WI WN,) W CITY Or FORT COLLINS MODIFICATIONS (RrV 9,99) GENERAL CONDITIONS ARTICLF 1-4)FFIirf7 (M, Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singtnlar and plural thereof: I I Addenda -Written or graphic instntments issued prior to the opening of Aids which clarify, correct or change the Bidding Requiremtems or the Contract Documents 1 Z 4ggreement The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Docimnems are attached to the Agreement and made a part thereof as provided therein. 1,1 &anon for Payment -The form h} ENGf Ri which is to be used by MNTIM OR in requesting progress or final payments and which is to be accompxamed by such .supporting documentation as is required by the Contract Documents. 1.4, Asfiestos--Any material that contains more than one percentasbestos and is friable or is releasing asbestos fibers into the air above current notion levels established by the United States Ompatitiml Safety and Ilealth Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6, Biddntg Darrmnerns-The advertisement or invitation to Bid, intstructions to bidders, the Btd form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). LT Bidding Requirements-=rhe advertisement or invitation to Bid instructions to bidders, and the Bid form. 1.8. Bonner -Performance and Payment bonds and other instruments of security. 19 Change Chides -.A docuniem recornmended by FiGfN ER, which is signed by CONTTLA(_'TOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Bate of the Agreement 1-Ili. Conn -act Dozunrenis-The Agreement. AddencLc (which pertain to the. Contract Documents), CONTR`W,TOR's Bid (mcludu documemaum accompanying the Bid and any ". id documerunion submitted prior to the Notice of Award) when attached as an exhibit to the Agreement the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the WIX: G4QNMAL CON IIONS1910-9-(1999 E4titb@ W' C1'rV OF FORT C01I.6h'S MODIFICATIONS (REV b200j) same are more specifically identified in the Agreement, together with all Written Amendments, Change Ordcss, Work Ct Te Dit,1 fives Field Orders and ENGINEERs written inttrpxcMatitms and clarifications issued pursuant to panrgmpbs3.5. 3.6.1 and 3.6.3 on or alter the Fifxtive Date of the Agreement_ Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and tau reports and drawings referred to in paragraphs 4.2-1 and 42.2 are not. Contract Documents. 1.11. Contmet Price -The moneys payable by M'NER to CONTRACTOR for completicxt of the Work in accordance with the Contract Documents as slated in the Agreement (subject to the provisions of pxtragmph 11 t) 1 in the case of Unit Price Work). 1,12. Contract Tinsts-The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (it) to complete the Work so that it is ready for final payment as evidenced by I NOINEER's written recomm"tion of final payment in accordance with Paragraph 14.13, 1.13_ C'Oh"MACTOR--The person, firm or corporation with whom OLV'NER Ins entered into the Agreeme t. 1,14. a4ective-•An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract 0ou,uments, or does not meet the requirements or any inspection reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to f7NG[tiF.ER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph )4.8 or 14,10}. 1.15_ Drawings -The drawings which show the scope, extent and character of the Work to be furnished and pertrmed by CONTRACTOR and which have been Prepared or approved by. ENOJIN ER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1,16 Eftcnve Prue of afte Agreemznt-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1 17 FA iI-'T'PR-fhc person, firm or corporation named as such in die Apo can ent. t_tA FNGIATFRIv Consultant --A person, firm or corporation having a contract with ENGINEER to famish services as ENGMT.ER's independent professional also ciate or c nsuh:mt with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19 Field order -A written order issued by EuNGREF.R which orders minor changes in the Work in accorclincc with paragraph 9.5 bin which does not involve a change in the Contract Price or the Contract Times. 120. Genaral Requlranrcnis- 5eedons of .Division I of the Specifications 121 Hazardous Wavie--The term I°I'srrardms Waste shall have dre meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. L22.a, Laws and Regulations; Lazes or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction L22.b. T.agal Handaus-�dtall Ix ihosa holidays obscrvc+d b'' the e7ty� cat 1?cxt t'allins 1?.3. Gen.v--Liens, charges, security interests or encumbrances upon real property or personal property, 1 24. etfile tmie.-A principal event specified in the Coraract Documents relatng to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofr1ivunt•-A written notice by OWNER to the appiucrit successful bidderstating that upon compliance by the apparent succtasfid bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign amp deliver the Agreement. 1 Y Notice to Proceed —A written notice given by t)WNF.R to COIv 'RAC: OR (with a copy to I NGINildt) fixing the date m which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents. 1.27, OffIVER—The public body cc authority, oorprxation, association, firm or person with whom CONTRACTOR pas entered into the Agreement and for whom the Work is to be provided 1.28. Parfial Uiitrzation--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Wok. 1 29 PCBs —Polychlorinated biphenyls. 1-30 Petrofeunr•-petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and I4.7 pounds per square inch absolute), such as oil, petroleum, fuel oil oil sludge, oil refuse. gasoline, kerosene and oil mixed with other non-flazndous Wastes and crude oils. 1.31. Pro)eer—Tire total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Dccumems 1.32.a Rudr'rwctive h9atenatSource, special nuclear. or byproduct material as detined by the Atomic Energy Act of Ct1C[5C'. t3t•Tr'ERAL CG.NU171OtaS 1910-8 {I"0 H(ptimIr w'C TN OFFOR 1'('011,]NSMf)DIF1CAIIONS(tGB4i.(N)a) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.; 3? b Regular WorkLtg Hours Rapt@r w xlti hears are defined as 7 blues t to fi �_ finless .:use citied in t e General Rewirements. 133, Resident Project Reprewnrotrve—The authorized representative of FNGINTTUR who may be assigned to the site or any part thereof. 1.34. Sampley—Physical examples of materials, equipment, or workmanship that are representative of some potion of the Work and which establish the standards by which such portion of the Wort: will he judged L35. Shop Drawings —All drawings diagrams, illustrations, schedules and other data or information which are;xeci%ly prepared or assembled by or for CONTRACTOR tmd submitted by CONTRAC'TgR to illustrate some portion of the Work. 1.36. Slxcifecntians Thurso portions of the Contract Documents consisting of written technical desert of materials, equipment, construct on yslem .standards and workmanship as applied to the Work and certain administrative details applicable thereto- 1-37. Subcontractor• -An individual, firm or corporation having a direst contact with COMIZ iC,`TOR or with any other Subcontractor for the performance of a part of the Work at the; site 138. Sahstankat Completion --The Work (or a specified part diereoli has progressed to the point where, in the opinion o ENGINEER as evidenced by ENGINE-ER's detautive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Doaunents, so that the Work (or specified pod) can be utilizedi for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready tot fast payment as evidenced by ENGINFFR's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39, S+rpplenrerttary Con(blrons--The peat of the Contract Documents which amends ar supplements these Gateral Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, disvibutor, maicrialmam or vendor having a direct contract With CONTRACTOR or with ark, Subcontractor to curnish materials or equirmmt to be imxnpo rated in the ork by CONTRACTOR or am Subcontractor. 141 Cr'razlergrvmrd Faciithea All pipelines conduits, ducts cables, wires, manholes, vaults, tanks, to irels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the IbHo ving services or materials: electricity, gases, steam, liquid petroleum products" telephone or other communications, cable television, sewage and drainage removal, traffic or other txmtrol systems or water_ 1-42. Unit Frdce Work —Work to he paid for on the basis of unit prices. 1.43, lVork The entire completed construction or the various separately identifiable ppes�ttss thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and ntenrporatIrf, materials and equipment into the construction, an performing ur furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work (change Urvctrve—A written directive to CONTRACTOR issued on or after the Effective Date of the AFeeament and signed by OWNER and recommended. by ENGINEER, ordering an addition, deletion or revision in the Work. or responding to differing or unforeseen physical coalitions under which the Work is to be performed as provided in pamtpaph4.2 or 4.3 or it) emergencies under paragraph6,23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidenec that the parties ex}xct that the change directed or documented by a Work Change Directive will be i corfated in a subsequently issued Change Order tWkrwing negotiations by the parties as to its affect, if am,, on the Contract (Trice or Contract Tunes as provided in paragraph 10.2, 1.45. Itntron Anren&twnt--A written amendment of the Contract i7ocuments, signed by OWNER and CONTRACTOR of or after the Effective Thee of the Agreement and normally dealing with the nonienginecring or nontechnical rather than strictly construction -related aspects, of the Contract Documents. ARTICLE 2—PRBIJMLNARY?*fATTM 082fvery oftlonrlx: 2 L When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 4.1. Cotries ofnatvnmentc, 12 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary C7onda-ions) of the Contract Documents as are reawn:tbly necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost ormprduivtion, Ctmrnuneement of C:onuuct Times; Notice to Proceed 2.3. The (Amtract limes will commence to rum on the thirtieth day after the Eftective, Date of the Agreement, or. ErCt�C GEtd,6RenI, GG<`DIYtO! r9N-$09N!E41ium) w Cr7YoFF)RrCOt.t.i M suCmtFrcATIONS(RED A@[Hag if a Notice to Proceed is given, on the day, i ndicatod in the Notice. to Proceed. A Notice to Proceed may he given at any time within thirty days after the Effective Date of the Agreement ofPal opening or the thirtieth day alter thaEtledwe-Date ofthe Agreetneni�-whislteaer date tseat}ier: Starting the Work: 2A. CONTRACTOR stall start to perform the, Work on the date when the Contract Times commence to nut, but rxs Weak stall he dome at the site prior to the date on which the Contract Times commerce to rum Before Startmg Construction- 23. Before undertaking each part of the York, CONTRACTOR shad carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable Geld measurements CONTRACTOR shall promptly report in writing to FNGW ^FR aiy conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from 1-�IOMFER betixe proceding with any Work affected thereby, hrnvevcr, CONTRACTOR shall riot be Gable to OWNER or ENGINEER for failure to report any co nthut, error, ambiguity or discrepancy in the Contract Documents, unless CON TRAC. foR knew or reasonahly should have known thereof. 2.6. Within ten days after the Effecuve Dace of the Agreement (unless otherwise spoofed in the General Requirements), CONTRACTOR shall submit to ENGMER for review: 16,1. a preliminary progress schedule indicating the times (numbers of days or dates) for staring and completing the various stages of the Work, including any Milestones specified in the Contract Docwnents 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting. reviewing and pacing such submittal; 2.6,11 In ram ciao will a schedule be acceptable which allows Im than 21 calendar Jai, Fir each review) anuinaer. 16.3. A preluninary schedule of values for all of the Work which will include quantities and prices of items aggregating the Conti -act Rice mid will subdivide the Work into component parts in sufficient &tail to serve as the basis for progress payments (luring cimstruction. Such prices will include an appropriate amount of overhead and profit applicable to each near of Work. 2.7. Before an v Work at the site is started, CONTRACTOR and OW 14'a shall etch deliver to the Aber QA-'-Z9j& with copies to idemtitled-in the ,Supptememary-Condinem EN(IINS;FR- ortificates of insurance (and other evidence of insurance FV"05atltibly--'i@�ad� 1TtAleSted � 011'NE.R} Which C",ONIRAC,TO and-G>t i�raspecdtvely-nine is regtrired to per halo anal maintain n acordance with paragraphs 5,4, 5.6 and 53, Preeonstradion Conference: 2.8, Within twenty days after de Contract Times start to rum, but before any Afork at the site is started, a conference attended by CONTRACTOR, ENGINM and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 26, Prcaecluras few handlin Shop Dmwngs and other submittals procM1119 < ptications fix payment and maintaining required records. Inhiatly Ace¢pktbfe Sebed#1es.- 2.9 ]mle s otherwise provided in the Contrite, Docuricnts, at leasFtetr 1pplica€tionr.for -ps}mient before any work at the site beituns a conference atterncicd by CONTRACTOR, ENGIN-MR and odors as xpprt4wiate r4e¢iuna1ed by UytihF well M: held to review for acceptability to 13NGINEFR as provided below the schedules submitted in accordance with Paraggrraeph 2 6 rind_ I ,,ivj%ra .l._ szf 1. 1t€jtealettis. I'D TRAC7rOR shall have an additional ton days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. 'rho progress schedule will be acceptable to ENGIN ER. as providing an orderly progression of the Work to completion withinn any specified Milestones and the Contract Times, but such acceptance will neither Impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor intertete with or relieve CONTRACTOR from CONTRACTOR's full. responsibility therefor. CONTRACTOR's schedule of Shop Dmwtng and Sample submissions will be acceptable to RNG['sTEb�2 as providing a workable arrangement for reviewing and processing the required submittals COMMACPOR.'s schedule of values will be acceptable to UN G NEER as to forth and substance. ARTICLE3--CONIR-ICTDOCUNILNTS: ia'VTENT, ANIEND IN'G, REUSE Intent: 3-1- The Contract Documents comprise the entire agreement between OlNM, and C0'NTRACT0GR concerning the Work. rho Contact Dauments are complemcraary; what is called for by one is as binding as if culled for N all. The Contract Documents will be construed in nrxordance with the law of the- place of the project. 3:2. It is the intent of the Contact Documents to 000C3ENERAL CONDI9RNU 19A( 8tl9rjt Edition %, C17Y OF FORT €YN1JN3 M{YI)tr1CATIQUS (tik�Y A,`36au1 describe a functimally complete project (or part theroot) to be constructed in accordance with the C ontrac[ Documents. Any Work. materials or equipment that may reasonably be inferred from the C"Itract Documents or from prevailing custom or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for. When words or phrases- which have a wall -known technical or construction industry or trade meaning are used to describe Work, materials or equipmea such words or phrases shall be interpreted in accordance with that meaning. Clarifications and inter'laetatiori; of the Contract Documents shall he issued by RN0,1NERR as provided in paragraph 9.4. 3.3. Reference to Sliandardv and Specifications of T'echnirwl Stxidiea, Reporting and Resolving Uwmpandes: 3.3,1. Reference to standards, specifications, manuals or codes of any technical society, organization or association or to the Laws or Regulations of arty governmental authority, whether such rel'ercricc be specific or by implicatiout, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement of there were. no Bids), except as may be otherwise specifically stated in the Contract Documents 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or Natween the Contract Documents and any provision of any such Law or Regulation applicable to the perlenuance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, ONTRACrOR shall r on it to ENGINMA in writing at once, and, C.NAACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by orw of the methods indicated in paragraphIt 5 or 3.6; provided, however, that CONTRACTOR stall not he liable to OWNER or ENIJINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically slated in the €:omrad Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provision of the Contract Documents shall take pre:odence in resolving any conflict, error, ambiguity or discrepancy betwcen the provisions of the Contract Documents and, 3.3.3.1, tie provisions of any such standard, sperification, mamial, code or imtniceirnx (whether or not specifically incorporated by reference in the Contact Documents); or 3.3.12. the provisions of any such LOW% or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, oxide or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENCTMER, or any of their subcontractor-, consultant-, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWANER, ENGINEER or any ofENGTNEUN Consultants, agents of employees any duty or authority to supervise or tired the fitnisliing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract f)ocumants. 3.4. Wherever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed', "as approved' or terms of hke" effect or import are used, or the adjectives 'reasonable", "suitable'. "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to &-.scribe a requirement, direction review or l ant ofF NGTdifit3R as ki t}se Work, it is interaled that s�requiremene, cdtraction, review or judgment wits Ice solely to evahratz in germ, the completed Work for comphanee with the reyuaem nit- of anal inftrrnatioai in the Cottmet Documents inlet coniamatice with t!t- desigtn concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a speenfc statement indicating otherwise). The use of any such tent or adjective shall not be effect ive to assignto PI 1GTNLER arty duty or authority to supervise or direct the furnishing or performance of the- Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5, The Contract Documents may be ameisiud to provide for additions, deletions sod revi%oms in the Work or to modify the terms anconditions thereof in one or more of the iol(owaig ways: 3.5.1. a formal Written Amendment. 35.2. a Change Order (pursuant to paragraph 1t1.4k or WCDrr;n:"al.C+aWITIQNS 010-9079At01Mu eel (ITY OF FORT COLLINS XUAMFICA'rtONS (RP V 3,2(0)) 3.5.3, a Work Change Directive (pursuant ti paragraph 1t1.1). 3.6 in addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be auth rri mod, in one or more of the following ways. 3.6. I. A Field Order (pursuant to paragraph 9.5), 3.6.2. F INGNM's approval of a Shop Drawing Of Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. EltiGTNEERS written interpretation at chantication (pursuant to r)amgmph 9.4). Reuse ofDocumenrs: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organtxatiot performing cc furnshing any of the Work under a direct or indirect contract with OWNER. (t) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications or other doctamans (or copies of any thereof) prepared by or bearing the scat of FNGTNPER or HNGrNFER's Consultant, and (6) shall not Ferric any of such Drawings, Specifications. other documents or copies on e.�tension- of the project or any other prolerst without writen consent of OTANER and ENGINEER and specific written verification or adaptation by MONEER. ARTICLE 4-AVAILABI Tf]:0FL.,3NDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .4milabitU of Lands: 4.1. ()WrN iR shall furnish. as indicated in the Contract rkocumerts, the lands upon which the Work is to be pertormed, right"f--way and easements for access thereto, and such other lands which are designated for the use of CONTRACTi3ppa reawnnble+vrrtt�r r lest; OWNER shall identify any encumbrances or restrictions not of general application but speLificalty related to use of lands so tarnished with which CONTRACTOR will have to comply in performing the Work Basement- for permanent structures or permanent changes in existing facilities will to obtruml and paid for by OWNER, unlms otherwise provided in the Contract Documents. If CONTRACTOR mid OWNER are tunable to agree on entitlement it) or the amount or extent of any adjustments in the Currract Price or the Contract Times as a result of any delay in OW N3R's furnishing these lands, nglts-of- way our easementss. CONTRACTOR may make a cluim therelor as provided in articles I I and 12 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may 9/12/01 Section 00520 Page 3 CONTRACTOR shall provide for all additional lands and access thereto thatmay be required for tempexary cvrsuoution facilities or storage of materials and equipment. 4. a Sahsarjace and Physical Conrditloar 42.1. Reports and Drraunip: Reference is made to the Supplementary Conditions for identification of: 42.1.1. Suhsra{ace Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, and 42.I2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Elndet nd Facilities) that have been utilized by EP MM in preparing the Contract Documents, 4:2:2, Limited Reliance by CONMIC'MR .Audwrized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "tecttnic:al data" contained in such reports artd drawings, but such reports and drawings are not Contract Document& Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", COA'rRACTOR may nap rely upon or make any claim against OWNER, ENGINEER or any of ENGINE E-Ws Consultants with respect. to' 42.2.1. the completeness of such reports and drawings for CONTRAC'TOR's purp5 sea, including, but not limited to, any aspects of the means, methcx1s, techniques sequences and procedures of construction to be employed by CONTRACTOR and safety prerautinas and Programs twidem thereto, or 4.22.2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 42.2 3. any 01NTTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations. o pitnons or info€mation, 4:2.3_ N'blice of Eitf)ertttg Subsnarfate or Physical Conditiatrs. If CONTRACTOR belieaes that any subsurface or physical condition at or contiqunus to the siEa that is uncovered or revealed either. 42.3.1. is of such a nature as to establish that any "technual data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 tad 4.2 2 is materially inaccurate, or 4,23.2. is of such a nature as to require a chatige in the Contact fkocmnents, or 4.23.3. differs materially from that shown or i•;3Ct)d; Gk.:�3ERAt d'O�UTnV'.'�.S lyt t1-8 n I �Ae Edaacan w, rt'rl` of kiatT C(li,Ll NS N(NtIPtC.Art(]N3 (RLv # n0(j0t indicated in the ContractDccumenis, or 42.3.4. is of an unusual rotate, and differs materially train conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prompt! jmdg9djatgly after becoming aware thereof and before hutho diaturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as ppeermitted by pxmgraph6.23), notify OWNER and .NGWEER in writing about such coalition. CONTRACTOR stall net further disturb such conditions or perform art} Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.14. ENUINEER's Review: ENGINEER will pronptdy review the pertinent cam6ticuts, determine the necessity of OWNMs obtaining additiowl eVlo ation or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of k:NG[N`hHsR`s findings and conclusions. 425. Possible Cotutact Document5° Change: If f`NM }iFR concludes that a change in the ('ontmct Documents is squired as a result of a condition that meets one of more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will he issued as provided in Article to to reheat and document the eoxtsequences of such change, 4.26. Posribk Price and Dotes A #ust nrvms: An equitable adjustment, in the Contact Prior or in the Contract Times or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work, subject, however, to tine following: 4.2.6.1, such condition must meet any one or more of the cate ties described in paragraphs4.2.3.1 thr=4.2.3,4, inclusive; 2 t2 a change in the Contract Documents pursuant to pamgn iph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.63, with respect to Word that is paid fcrr on a Unit Price Basis, any adjustment in Contract price will be subject to the provisions of paragraphs 9.10 and 11.9. and 42.6A, CONMACTOR shall not be entitled to any adjustment in the Contract price or Times i f; 4.26.4,1- CONTRACTOR knew of the existence of such conditions at the dmc 4".ONTRACTOR made a final commitment to O'A,N k in respect of Crnttmct price and Contmd 'times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.1 the existence of such condition cor ld reasonably have been discovered or revealed as a result of any examinaticm, inveb4ation, exploration, test or study of the site and contiguous areas required by the Bidding Requiremcats or Cortmet Docttrnents to be conducted by or for (X)NfRACTOR pricy to CONTRAC'TOR's making such Final commitment', or 42.6.4.3. CONTRAM'OR failed to givethe written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as nri the amount or ict*th of any such equitable adjustment in the Contract Price or Contract 'times, a claim may be made therefor as provided in Articles i i and 12, However, OWNER. EiVUMER and FNGISEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONNURACTOR. on or in connection with any other project or anticipated project. 4.3. Pktxical Conditions.-Ilnderground i=acifi ies.• 4.3.1 Shoun orint6cated. The information and data shown or indicated in the Contract Documents with respect to existing Undergrou id Facilities at or contiguous to the site is based on infatuation and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided m the Supplementary Conditions: 4,31.1. OWNER and ENGINEER shall not tie responsible For the accuracy or completeness of any such information or data; and 4.3.12. The cost of all of the rollowing will be included in the Contract Price and CONTRACTOR stall have full resp ms laifiry for (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown cr indicated in the Contract Documems,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities us provided in paragraph 6,2t) and repairing any damage thereto resulting from the Work, 4.32. Nor Shoan or Indicated: If an Underground Facility is uncovered or revealed at or comigtuus to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately, after becoming aware thereof anti before further disturbing conditions affected thereby or performing any Work in connection therewith (exceppt to an emergency as required by paragraph 623j, identity the owner of srrob Underground Facility and EJCDGGEPtl�li t1. CCiMTIONS1910-809k)SiotitimI wt iAT OF FORT (%)t.UNS MODIFICATIONS (REV 4�70041 give written rwtice to that owner and to OWNER and FNGlN ,F.R EvGINEFR will promptly review the Undergrxtnd Facility and determine the extern. if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the lindnrgrownd Facility. It' LNGINEER concludes that a change in the Contact Documents is required, a Work Charge Directive or a Charge Order will be issued as provided in Article 10 to retied and document, such consequences. During such time, CONTRACTOR shall be responsible for the safety and prolectiot of such Underground Fac if as provided in painVaph620 MRACTOR Joh may be allowed an increase in the Contact Rice or an extension of the Contract Times, or both, to the coem that they an: attributable to the existence of any thadergromil Facility dint was not shown or indicated in the Contract Documents mil that CONTRACTOR did not know of and could not reasonably have been mated to be aware of or to have anticipated, if Ol4'eNERcand CONTRACTOR are unable to agree on entitlement to or the amount o length of any such adjustment in Contact Price: or Contract Times, CONTRACTOR may make a claim therefor as provided in Articlex t i and 12, However, OWNER, ENGINEER and FNGINF.FR's Consultans shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained ��yy CONTRACTOR on a in correction with any atfrer project or anticipated Ix oject. Reference Points.• 4A oWNER shall provide engineering surveys to establish reference points for construction which in II;GINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shalle rotect and preserve the established reference points and make no changes or relocations without die prior written approval aF OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in gmdes or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified persormel, 4.& Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive hluterfal. 4.6.1. OWNER shall be responsible for am Mvstc ., Mfis, petroleum, Ilwardo s Waste or Radioactive Material um-overed or revealed at the site which was not shown or indicated in DmwuVs or Specifications or identifrut in the Commct Documents to be, within the scope of the Work and which may present a substantial danger to personas or prIrty e. d thereto at connection with the Work at the sae, olk,IN'F,R shall not he responsible for any such materials brought to the site by CONI RACTOR, Salwonractors, Suppliers or anyone else for whom CONTRACTOR is responsible a -.-Q)NT f(�R-rA tA-intmediatalg:_. . oa-and-delivered--to that -such condition and any -affected arm -race Iola been kYtrlt, cr (ti)s ecifyineany-speaim,vofidikattsurtelcr-wluch-such . atnd t>� FFI��t IDS wt egrae as to detn»nt-W or Wsurk ' esuraeds either -party may-moke a dorm -therefor as provided in 4-4-if-a#im-r based en it beh ('k7=d'C1er1LT-OR+loos--not-agree-to t®sumo �t+;lr wool: conditions, ihen-ULL'NEWmay-Arden-such Portion -At` conditim or in..suehaiTewzd area-io-br deleted from cannot brae asto ertitlematt W Ar-dta antaxantoraxtati-o4'un aidter fuaaety ttte�-mal�ea-claim-tlterefcx-as-provided-in portion-4 die -Warty-parfcartned y C�1uF3E&'g rxvn foree�.or-Whirs irr aeaorcinnee-with-�-Z �-a-- ,f e-tlre-hrNe�-eelaM�titteFl-by - U-avrs -arrt# Regulaticans:-F71UPF.i�--eta---uidenie>iCv-�arr<L--ixold Irennla — 4? €�T, 0R; bra * offwers---d"Vetom -agents .._ other orinsuhmAK and gubmwAreatom of each and any_ of them -.from- end-e$ainst all ela ors; eosor;-- losses --and clamagat- a �Ra ttmr-- hazurd wse zntiiiiAr> prAvttierl.that:.-{4,i my -sup li o4mm; cost k-mi oeAmn gr.is-attrtbuWbla.-te-bodily,-ituun, Mcknc�-diserr�-or-daatl�- af tangrfik� try {air than the ock- iH;elQ; mcludnag--the.-loss ol-ttsa-restlht# flu nrirom_ -smd (ii)nothing..in t}gs-xnbparagraph d 4 shktl!- b}igaie L AVNER kj indamnily-say-p rr m or entity-lkom-ami againit� -1mity's own-neghgetw* Vwa provisiuna,of para8raphs'4s-imd d #-ere n a-irxendeei-ka apprly-ts�-A.I+F k3s;-�+raleam; m5le OF car -revealed -at -the site- EXI)C UENMAL CON01710t0i 1919-$ t19' i E,hllwl W!(3Ty OF Fi7aT(YhJ.,IN5141C7t111-Td'AlT6V".i tXitid t>ib)1 ARTICLE 5--IiC>NDS AND INSURANC Perfmmancer Payment and Other Boni 5.1. CONTRACTOR shall furnish Performance and paymdit BiV 4% 041 ist an amount at !oast equatl to the Contract Rice as security for the faithful performance and payment of all CONTRACrOR's ON' tiuris under the I Contract Documents. These ntls sha3V remain in effect at least until one year after the date when Coral payment Itecxanes due. except as provided otherwise by Laws cc Regulations or by the Coaract Doctiments. CONTRACTOR shall also furnish such other Boads as arc rcorrd by the Supplemertary Conditions. All Ponds stroll be at the fmn prescribed by the Coaaract Docunnents ex t as provided otherwise by Laws or Regulations and shall bo executed by such sureties as me named in the current list of "Compares holdinngg Certificates of Authority as Acceptable Sureties on Fe i ral Boards and as Acceptable Reinsuring Companies" ns published in Circuhu570 (amanckop) by the Audit Staff Bureau of Govermnent E inaneiai Opemtimr,, U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a oubfied copy of such agent's authority to act. 5.2, If the surety, on any Bornd furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to mees the requirements of paragraph 5.1, CONTRACTOR shall within ton days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sk eties and Insurers; Certificates of Insvtranee; 531, All Bonds and insurance required by the Contract Lkxuruents to be purchased and maintained by C)WNPR or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Reject is located to issue Bonds or insurance policies fir the limits and coverages sn required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53,2 CONTRACIX)R shall deliver to OW'+iER_ with copies to ouch additional insured identified m the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in acxrdnnore with paragraph 14. OWNMRR r3w}l deliver_,JO-. #BRAG [(>l�--w+tli-- pins-lo--each a�trraared idenCilo f ar the uti lemesumY lance -At insunuwarequestad by- C(iAp4t TAR ar--any--Athew-tudeiitienap--awned) +v4 "e4- 0 W-# �VA-is psnmgmphs-5,6and -5 7hereet GONTRACTOi('s Liability lesumnee: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate fur the Work. being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance arri furnishing of the Work and CONfRACTOR`s other obligations raider the Contract Documerds, whether it is to be performed or furnished by CONTRACTOR, anv Subeontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or hrmish any of the Work, or by anyone for whose acts any of them may be liable- 5.4.1. claims under wakes' compensatioti, dimbilq benefits and other similar amployec benefit acts; 5.4.2, claims for damages because of bM injury, occupational sickness or disease, or of CONTRAi.'TOWs employees, 5 4.3 claims for damages because of bodily injury. sickness or disease, or death of any person other than (YNTRACrOR's employes; 5AA--clauna-4or-rdmnnges--insured-by--custom indirectly -related ta the-emplaymem-of sueh past-hy falter rewgon 54,5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever treated, including loss of use resulting there&om, and 5 4.6. dims for damages bemuse of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle, The policies of insurance so required by this paragraph SA to be purchased anti maimained shall: 5.4.7. with respect to insumnoc required by paragraphs 5.4.3 through 5.4.6 inclusive and ,5.4,9, anlude, as additianal ittstirtds {subject to arty customary exclusion in respect of professional liab litv), OWNER, ENGMER, ENGt.' EER's (:;onsulumts and any other perscr€ or entities identified in the Sup plemertary Conditions, att of whom shall be listed as add tional insureds, and include coverage for the respective offs=% and cmployces of all such additional insureds; 54.8, include the Nved'io cove'��ges alai be written for not less than the limits of liaN ity provided in the Supplementary Cmlitions or required by Laws or Regulations whichever is greater. 9.4.9. include completed operations insurance', t?JCc <J&Ni`�AAL Cvtd13MONVs 1910S 0991) W110U wt 0]v OF FORT COLLINS MODIFICATIONS (REV 4;2€00) ';A10 include contractual liability insurance covering CO2NiRACTOR's indemnity obligations under paraMphs 612. 6.16 mid 6.31 through 6,33; 5 4,11 contain a provision or endorsement that the coverage alfirded will not be cancelled, materially changed (it renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insurcd identified in the Supplementary Conditions to wham a certificate of insurance has been issued (and tine certificates of instance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide)'. 5.412. remain in effect at least tuitll final payment and at all times thereafter when CONTRACTOR mayy be correcting, removing or replacing *fective V in accordance with paragraph 13.12; and 5.4,13, with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at lent two years after final payment (and CONTRACTOR shall furnish 014NER and each other additional insured identified in the Supplementary Conditions to wham a cartificate of insurance has been issued evidence satisthetory to OANER and any such additional immured of continuation of such insurance at final loymem and one year thereafter). (%ii'A:r'� v Uablilty Imwaace,- 5 4. In addition to insurance required to be provided by CONTRACTOR under paragraph 54, QWNM at OWNEWs option, may purchase and maintain at OWNER!s expense OWNER's own liability insurance as will protect OWNER against claims which may arise from Operations under the Contract Ike umena Property Insurance: 5A-----.-Unies%-othetwise-provided in -the- guppleamertfery Cerslilic-t-kW'RR-shall-.purehase -and--maitNain of--the-fuhN--tepLts =_'"O te--such deductible amounts asmaybe---p nividixt in the �"Jttpplententttry-'G'c4ierts-er �zyuired.._by--T:izws -tint Rsgu4it"tO,._fhis-ahsumnet shored: ..include- - .the -_ intro-._.of.._.-OwlV lhf� l A a W_Aher� entities -identrfutd -in the ;supplementary t'wralifions; eeeh of whonria-deemed to have art nsurable-interest amdsha ll be fisted as fay aysured tr-additional-in aurel; 5(a2, he-wrrttrn-at�th 13wWer's-R� "ell-r"-car late; -pntiesy-f+xm-Ihat hall xt least. uualutle for--pMyaicel-Ss er t --teaoptsrer+*-kutldir�krewAplu the _ --following perils fire, _-liglmim t;_ extended image, -c-* tub-mrilisieus--�oii� debrai domalition aeeu+;i�r�rct-by'r>�t-e€-I:.awsard-€te�uletier� ?b3-�-��emes--im:urrsa� en-thr-repair-ter c� M any irt�urak4 i�+Y-fir�l':�clir�'bttt�at of angifl—e-r and .. *AfAte eir�E�laer-1� t1m14 wnsal{ye�ed-te;i„ux-fhe-�Var�s �armi"tfiat such-mawials-and equipment havebeen areluded•' im go- - mended ley-fi:'�7LsIl't}�;i31L-arid 3: :-?-.---benleinutirxd in-vaisa- -uriafinal- 13ayment 4 tamlom other~ aveed to OR and Q:GDIHia VF4 rAl Istekrred-lt;-uixmrtr sAwd 5:7:--_-t3 `NH 2-steal€-Ianthxye-+md msir8ein- w H €xliler raid inv ea or as -may be, required -by, ,Suppl ltsty "£ anditicul4- r€ HN(UNEERs-Gonsultant.s, and, few other persons, ormutio; is-deemed'taboveon-otsurahle�and 40H I-* listedas Eitherto be pmkod Mad matltnuted-bv-(3W'i ER in, e-witlrpem8taphs3:6 ands-wlt}"iamnHl'fl-tirt}YtSiFr1-er" oovemp—a06rJaI.....4v}1!'llfx'-be eniteell -�3r iynasVra}1V tihan�;@4# tlF-F4rlewft�--Lai"n?k1({•'tNiid-0-{eaet'tbtfti d%yW-p60r wr9iti"n -rmice --has Aven--_b'Iren Ao- GWT4M and it whom wrtlfwate-Of-Ir akrtnflQe €Y1a^'bBEn-1 and w#ii sontain- waiver...--provisions,-...in- flmvdaiiev,—With 14- 59- OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CUtiTR:\CTQ , Subcoruractom or Wwrs in the Work o th osupt ofand identitiec€.in tho,.yrupplmsenamy,Cbmditions, -The,-risk-of k u wig Midst icy- k TRAGTFil2;-->aiui>Genauasifx-car-.3t€rera"art stacks -and if"any-ofthem'-w4*% prATmty Am%k mc* ccwtmpg -within thehvvhts. t f tart-amrxmt -each-may nachaseenl. maintaini"rtha-purehar„a'sfwararaperaa. IU. _ -€1-t 3? r1LAt-1Eik-rapx as frrwriting-that-ether spacial-irisumrlr.`hs-ba-huladac€-ir[-#}le- Policaes -provided-urrdar--pamyra er :.� -c�1A shalt -.if piltle im)t tt ark- ue mat Chanee-- Order or Wrinov t\tnendma#. -_ P i it -to Ir) E:ll-L3c weL<E,WV-COh`l7t71bt"HS l9ttF8b�ErU'ttatl u• CITY OF FOa r COIJJ NS M0141FIC-AIIONS (REV 4 F3613U} cr mn+eemmnt of the W �Fk-at it site'-<3 V, ea Be (X)NTRA�OR insw+an��"Iws�enn ptoc;ura�� 4}t4'€+t�R: 5,1-1.4,- OWNER mAr-•ONTRACMA intendt€�t-eN payabb undor my pul oy-saissuist agaatst - ix�=TI?is\�'�Teu;; ��ai7eklltttftfE9r3� .f,.�.(.1AI%53hNfIT1t9--and"-#},lep offtoonr .'Arreo)m-emplevoes bad"agi atia-of-'any-'l"+IC then), for, } f u,"I._.__"Haas-�ana"ta�usirxss'nterrupttt� less elf - use, o-odder a'i-loss -oxamWft btrycax€-duvet-- hysiook--fe3%, yam-dioonpe -to ea ftrisutg out e for'refulting fram-tire or -char wk, whedteror nut,mmed-byOWNRR; and +1ny-MN;urarae-paiit;v-mainRrir�c€-lsv- eu�'�SR-bxw'ari an;:.ao�-+aaaluagacar,. � ai..F�s-rafarr�l t�;}k thia �3h.-a-i-1-?-:shailK+m#arrt Iwcarisiaa�-ha tira-cam-that as&ke ove"t -of Payment Of my suvk40asz� com cluentad kris the insuran; will -knve no rights 4 may- halos stay-tt-GU?Fllb\L'IiCag:—uheoRxraatat diresto>�emp}ery'ees sod ��f-eny vt•tlrwrt: Receipt andApplicadon ojlowiancePmceedv 5,12, Any insured loss under the policies of insurance required by paragraphs5.6 and 53 will N adjusted with OWhIL*R and made payable to OWNER as Fiduciary for the insureds, us their interests may, appear, subject to the requirements of any applicable mortgage clause and of paragmph5,13. OWNER shall deposit in a separate account any money so received, and shill distribute it in accordance with such agreement as the panics in interest may reach if no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received up tied on aeaotmt thereof and the Work and the gist thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any Ines with the insurers unless one of the parties in interest :lull object in writiN within 6&em days after the occurrence of loss to OWNk 's exercise of this power. 11'such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in irnurest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers Aft; wFitow intarast - DW,NF'iR--as- ry-shall -give -bond fir --tine Acceptance afllon& and lnasimce; Option to Replace: 5.14. If 4L4 i,, nice any abjection to the coverage afforded by or other provisions of the Fiends -or insurance required to be putchosed and maintained by the 111 a --a rt MNTRr 7(* is acaordlnca with Artclo 5 at the trash: ofnon-conformance with the Contract Documents, the aa}sjac mg party shall somotify the, otter party UNN—ER_wi11 pttlk'. 'S7gL N4 L iZ th writutg within tan fift days after receipt wary of the aarhficates (swollen-avidauea ragtaa!aad) IQ_ OW 1 as required by paragmph 2..1. ( P usher-aacln-additd.tutu}..,nnatiwj-itk.ra 4ncat-.e€..itwhea Partial Utilization—PrWentylnsumce: 5A5. If OWNER fink it necessary to occupy or use a portion or portions of the Work prior to Substantial F:tCt)C.cr«eMAL c,NuNut-11ONS'1910-8(19"bo WI) rat 01Y € F FORI s OLLIX.a MODn1 CA'(IONS (RFA-4,2(M) Completion of all the Work, such use or occupancy may be accomplishod in accordance with paragraph14,R provided that no such use or otxupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any. ChRrk$es in coverage necessitated thereby. The insurers providing the property insurance shall ecroscmt by endorsement on the policy or policies, but the proper y insurance shall not be cancelled or permitted to lapse on accotunt of any suchpartial use or occupancy. y. ARTICLE 6—C f ITRAC'1`0RIS RE.SPONSIMLIEKS Supmristoa and 5Wloerinundeace: 6A, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Doetunents. COMPACTOR shall he solety responsible for the means, methods, techniques, sequences and procedures of conntntctiom but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the C.omract Documents. CONTRACTOR shall be responsible to see that the completed Work complies amurately with the Contract Document& 62, CONMACTOR shall keep on the Work at all times during its progress a mmpetem resident superintendent, who shall trot be replaced without written Mice to OWNER and ENGINEER exceptunder e.taaor4mairy circumstances The superintendent will be CCiA3TRACFOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as it given to CONTRACTOR. Labor, Materials and Equipment: 61 CONTRACTOR shall provide competent, suitably qualified personnel to storey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shalt at all times maintain good disci lint and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, awl except as otherwise indicated in the C;omr-Act Documents, all Work at the site shalt be performed during regular working hours and CONTRAC"FOR will not permit overtime work or the perfcxmance of Work on Saturday, Sunday or any Icgul holiday without OWNER's written content given a(ier prior written notice to CNCYPNERR.. COI4TRAC_ftaR Ilsubmi r uespst? £I Gfti1 R no loss than 4S hours, n_scharNc al' any I Wcrk ist_be �xrforme i onwSatut Swnmtday Iioldays�er outside the RM111 r 41v'orki»g Flcxtrs 6A, Unless otherwise specified in the General Requiremerim CON7RAC70R. shall famish and assume full responsibility for all materials, equipment. labor, ramvspertarion construction equipment and machinery, tools, appliaraes, fuel, power, light, heat, telephone, water, sanitary facilities temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing. startup and completion of the Work, 0-AL— Q(VIRAMR must comply with the City's_purchasnng restnctiors A coov of the resolutions are available for review in the offices of the Purchasing and Risk Ivdanagement litvision or the Cily Clerk`s office. 64,2 Clement Restrictions: Cuv of Fort Collins Rswlution9112trcqunosdial tosand pnidua:rs of cement x Imrcxhhcts ct maul rg xmetx_tp certtCy that the cement was not made in cement ktlt>f that Iwm larardous waste as a fuel. 6 S. All materials and equipment shall be of good TmIuy and now, except as otherwise provided in the Cnntraet Docornents. All wamnties and guanmtees specifically called for by the Specifications shall expressly root to the benefit of OWNER. if required by ENGINE BR, CONNTRAC OR shall furnish satisfactory evideme (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall he applied, insuticd, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Seheduie: 66, MNTRACCCRi shwa adhere to the progress schedule established in accordance with paragraph 2 9 as it maybe ailiusted from time to time as provided below_ 6.6.1. CONTRACTOR shalt submit to ENGINEER for acceptance (to the extent indicated in pat ph 4 u) proposed acfjttstments in the progress schedule that will not change the Contract Times (or Westones). Such adjustments will conform generally, to the progress schedule therm in e1Tect and additionally will comply with any provisions of the General Requirements applicable thereto. 6,6,2, proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submtittW in accordance with the requirements of paragraph 121. Such adjtstments may only be made by a Change Order or Written Amendment in accordance with Article 12 6.7. Substitutev and "Oritual"Items:.- 6.7.1. Whicrmever an item of material or equipment is specified or duaxibcd in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification tic description is mended 10 calablish the type, function and quality required. Unless the specifientioti or description r�r'uct3�`&tsnt,d•c>sutrtoa;� tvlaxttvser�udit h w+Q'tt QF FC}RT('CmLLi NS,�rC}LIrhYCAT[d}'�,S Uifit�A?(i6tt) comaim or is tollow'ed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may he accepted by ENGINEER under the following circumstances: 6.7.1.1, '9;-Equal" If in ENGINFER's sole discretion an item of material or equipment proposed by CONTRACTOR is frictionallyequal to that named and sufficiently sftnilar so that no change in related Work will be required, it may he considered by KNGTNERR as an "nr nl' item, in which case review and approval of proposed item may, in hNG[NP'HR's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance of propoed substitute items. 6.7.1.2. Substitute Items. • If in INGINHER's sole discretirn an item of material cr equipment proposed by CONTRACTOR dues not qualify as an "or -equal" item uni tr subparagraph 67.1.1, it will be c msidered a propped substitute item. CONTRACTOR shall submit sufficient information as provided below to allow E'tiGTNF",F.R to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include de fallowing as supplcmisited in the General Requirements and as ENGINEER may decide a; appropriate under the circumstances. Rorlu�s for tview of pruylm zse<i substitute items of material on cg We'nt will not be accepted sty FNGINh'EiR from anyone other than CONTRACTOR. If CONTRACTOR Wishes to furnish or use a substitute item of material or equipment, CONTRACTOR stall first make written application to k v i1N1tER tot acceptance thereof, co"utifying that the proposed sobstftute will perform adequately the functionts and achieve the results called fir by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any. to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whetter or not acceptance of the substitute for use in the Work will require a chrome in any of fine Contract Documents (or in the provisions of any other direct contract with 01h'NER for work of the Project) w adapt the design to the proposed substitute and whether or not incorporation car use of the %aabstitute in canrn.stiin with the Work is subiect to pag�ment of any license fee or royalty. All vanations, of thepro>posed substitute from tun slxcificd will be identiGod in the application and available mamtenurtcc, repair and replacenert ,ANvice will be indicated The application will also contam an itemized estimate of all costs or credits toot will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims o£ other contractors affected bN the resulting charige, all of which will IV considered by MMUNFER in evaluating the prcWsubstitute. ENGINEER may R, ACTOR to furnish additional data slou't the proposed substitute. 6.7.1.3, COAMCWR's Expense: All darn to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will tine at CONTRACTMsotperm 6.7,2. Subsohae Construction Methods m- Procethirrs: if a means, mca, method, technique, se4ui I re of coristruction is shown ot indicated in and expressly required by the Contract Documerft CONTRACTOR may furnish or utilize a substitute means, mctl`KKI, titclial4ue. sequence Of procedure of construction acceptable to hNG1NL,ER, CONTRACTOR shall submit sufficient information to allow WNGINFER, in UNGINMR!s sole discretion, to determine that the substitute proposed is equivalent to that expressly called fir by the Clontmet Documents, The procedom for review by UNG(NEM will be similar to that provided in subparagraph 6 7.12 6,73,Engincees Evaluatiori: FNGINFFR will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7_l.2and 67.2. MzGNUR will be the sole judge of acceptability, NO 'or-txr")° or substitute will be ordered, installed or utilized without fiN,G1NIiL'R's prior written acceptance which will he evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to furnish at CONITRACTOR's 0;Perise a special performance guarantee or other surety with respect to any V4cqual' or subs6luix EN, G IN' EER will record time required by ENGINT,Jilk and FNGINI-.IR% Consultants in evaluating Substitutes proposed or s;ubmitted by CONTRACTOR pursuant to paragraphs 6,11 -1 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of anti other direct contract with OANfor work on the Project) occasioned thereby. Whether or to ENGL\TXR, accepts a � ed cr submitted bv, substitule item so PM CONTRACTOR, CONTRAC OR shall reimburse OWNER for tlx charges of ENGINEER and ENGTNMER's Consultants for evaluating each such proposed Substitute item, C& Coneerning Subcontractors, gupplkrs and Otkerx: 6,& 1, CONT RACI TOR duill not employ any Subcontractor. Supplier or other person or orgariumUorr (including fimse acceptahte to OVAM;R and ENG MTMER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or T,N'GVNTiF.R may have reasonable ohy'xtion. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or orgartizatimi to furnish or perform any of the Work agauist whom coNTRACTOR has reasonable objection [IONS 1910-8 (1959t,dtiml M]ff_RAC_10R Shall not k4- that �LO P_JZD4_ of the.Wmwith P314r(l 1% W vii�su �Im. he �24)rc it �rm it Mall be understood to refer to the Work the yabue of pd —CC Q9WgNms require the identity of certain Sub"AM-Wis, Sauplicirs; or other poksciris cc organizations(ind in those who are to furnish the prindpal items of materials cc equipment) to be submitted to OWNER m-a4mrae-ef-4he-ipeeffied data prior to the Effwivc Date of the Agreement for acceptance by (,)%V\TPR and HNIGINPIl and --if awardeff,06-with 4* Supplementary Goff"itink OWNLRs or ENGINEHR's acceptance (either in writing or by failing to make written objection thereto by date indicRW for acceptance or objection in the btikluig documents or the Contract Documents) of tiny. aster, twgidwtttfiatl A .11-1 — —1— en --ow basis -objection in whigh 40,11—A16,114-4m, No acceptance by OWNER a INIGINEER or any such subcontmaor, supplier or other perstort of organization shall constitute a waiver of any right of OWNER or ENG MEER to reject ckfective 'Work. 6.9.1. CONTRACTOR "Ilbefully respomaNcto OWNER and ENGINEER for all acts and emissions of the Subcontractors, Suppliers and other persons and organizations performing or furiushing any of the Work under a direct or indirect contract with CONTRACTOR jua as CONTRA(70R, is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for ft benefit of any such Subomitnactor, Supplier or other per." or organization any oattractud relationship between OWNER or MMIMER and any such &INXIOUNCUO, Supplier Of other per V nor "It it create any, SML Obligation on the rait of OWNER or HNIGINhIiR to pay or to see to the pa}qnerit of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regultamns. O�''Nwpr�NMM_R-mv furnish to any subconixiiefW supplier or other, pmon rr arAanizauon cy —ignet—a"MiAd --- W *M_ff _AQ _-in__arc xdance with 13 69,2 CONTRACTOR shall be stalely, responsible for . scheduling and coordinating the Work. of Subcontractors, Suppliers and other persons and organizations performing or forrdshing arty of the und er der a direct or indirect amtract with cx)vrRr1(TC)R CON'TRAC'TOR shall require all Subcontractors. Suppliers and such other persons and orgatrirntions performing or wrulsh i g arty of the Work to communicate with the E1vG1NtTR through, CONTRACTOR 6AQ The division and sections of the Specifications vial the identifications of any t)mw7tws shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Wok to be performed by any specific trade. 6.11, All Work performed for CONTRACTOR by a Suboortrado or Supplier will be pursuant to an n=appropriate agreement between CONTRACTOR and the Su ntractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of CrikNF;Rand E"XIINEER. Whenever -army-sushtagraememt additional --iestinxt.in the property-irsvuranee-ixciv end -in 1`�11��N--.x.--5 7---the--�eaenmark--hatamv!vn- -Hta COI,ITRAGTOR- and -the Subuora a ins r-.or- Supplier--wvll Patent Fees and Royalties: 6.12- CON TR0.CrOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the iricotparutian in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to time actual knowledge of OWNER or 13\011,fMER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the ('(attract sDocumems. To the fullest extent permitted by Laws and Regulations, rUNT'RAC'TOR stall indemnify and hold harmless OWNEK I OINEI R h N(S1NEER's Consulunts and the officers, directors, employees, agents and other ecmswdtants of each and any of them from and against all claims, cents, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident w the use in the performance of the Work. or resulting from the incorporation in the Work of any invention, design, 7[roocess, product or device not specified in the Contract Dwmoaas 14 Ek"t79CiB.'tLiKIM, C 011011 tCPJ'a S 191 ui199V Et4tiaU w C1 rY (1F Friaa cYtlJ,th`S s€w)n iC'ATFf1NS (1tEV4ii0tia) Perr»irs. 6.13. sinless otherwise ided in the Su lementary ( iralitions, COWTRACTOR sfiall nlrtain anti rnty for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR stall pay all govermmcmal charges and inspection fees necessary for the prosecution of the Work, which are applicable at the tittle Of' opening of Bids, , if there are ram )aids, on the EffectiveDate of or, the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners fix capital costs related thereto such as plant investment fees. lf.l_d. LansandRegutotions. 6.14.1, CONTRACTOR shall give all notices and amply with all Laws arsd Regulations applicable to fwtusturq; and performame of the Work. Except where otherwise expmmsty required by applicable Laws and Regulations, neither OWNER nor RiclGlisiMR stall be responsible (or monitoring CONTRACTOWs co nplianvc with any Laws or Regulations. 614.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear all claims, casts, loges and damages caused by, arising out of or resulting therefrom; hmvever, it shall rxx be C NITRACTOR's priticity tcsporvability to make certain that the Specifications and Drawnigs are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph .4.12, Taxes., 6.15, CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the Work 6.15.L OWNER is event from Colorado State and tool xslm and_ use..latca5-_on....masen -_.ta_te pectnatt ntty pycwparated once ft px-olad. Said tares tap not be included in the Ccxiiract Price. �ddrew golora4u Dckmartmcrt ofReymple Stara Cn tat Annee d 375 Sharman Sheet liitw r t alcu_axio _PRIZO . Sales and Use Taxes ,_ for .,.,the Stattx_ of C olarfldu kepi rap brans rrlutt gi Di uct iUD and certain Colorado counties are collected by the Sta ifof Colorado and are includes in the Cartifimlierr_of rsewtion, �Vk tapphimbig... des r Lac T,q a i lud}fag_Swt5 collected taxes),_gn any items other than construction anbull ' in HIS si ally ' x1 to ' ti the i are to he paid by ('t7yifRA(.TOP and are to be Included in�a r�rc�px�ete bid teas. live oflw misew 6.16. CONTRACTOR shalt confute oonstnuctim equipment, the ticrage of materials and equipment and the ncrtatirnus of workers to the site and land and area, ident fled in and permitted by the Contract Documents and other laud and areas permitted by laws and Regulations, righu,of--way, permits and easement% and shall not unreeasonmbly encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or cent thereof or of any adjacent land or areas resulting from the performance of the Work. Should any claan be made by any such owner or occuppaannt because of the performance of the Work, CONT'RAC,TOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbaration ev other dispute relsolution proceeding or at law. CONTRACTOR shall, to the dullest extent permitted by lows and Regulations, indemnify and hold harmless OWN J R. ENGIN M ENGr,;EER's Consultant and anyone directly or indirectly employed by any of them from and against all clalma costs, tosses and damages arising out of or resulting h'mm any claim or action, legal or equitable, brought by any --xwh owner or occupant against OWNER. ENGI� lEk R or any ithar parry indunnified hereunder to the extent caused by or based upon CON-f RACTOM performance of the Work, 6.17. During the progress ot'the Work, CONTRACTOR &hall keep the premises free from accumulations of waste materials, rubbish mid other debris resulting from the Work. At the completion or the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, apnliamts, construction equipment and machinery and surplus materials. C()NTk-X(,'TOR shall leave the site clean and ready Car occupancy b) ONN ER ar SubsirauW Completion of the Worl.. CONTR.ACTO R shall retire to original condition all property nil des pmatnd for alteration by the Contract Tkcummis. 6.18. CX3NMAC"TOR shall not load nor permit any part of any structure to be loaded in any manner that will endangt^r the structure, nor ill CONTRACTOR subject any part of tlx Work or adjacent property to stresses or prissares that wilt enclang r it Record Documents: St;I;aC Ukidifill,.il.. C:ONTA11011-4301040!)E M a' CITY OF FOR1 r:ca.t.nNs htODn^FCA I IONS (K"-Q2eWJI 619. CONTRACTOR %hatll maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda. Written Amendments, Change Orders, Work Change Directives, Field Orders and written intergretatieow and clarifications (issued pursuant to pamgmph 9A) in good order and annotated to show all cdwnges mace during construction These record deuments together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGIMER for reference Upon completion of the Work, and prior m release of final payment, these record documents, ts, Samples and Shop Drawings will be delivered to EN.NERR ter OW NFR. Sajery and Hatecdon: 61v (X)YrRACTOR shall be itspxasible for tratimi* maintaining and supcnrising all safety precautions and programs in connection with the Work. i 7ONTRAC'TOR shall take all necessary precautions for the safety ol; and shall provide the neccssary protection to prevent damage, injury or loss to, 6.20_1, all persons on the Work we or who may be affected by the Work; 620.3, all the Work and materials and equipment w be incrporaiad therein, whether in storage on or oil the sae; and 6.203_ other property at the site or adjacent thereto, including trees, shmuhs, lawm walks, pavements, roadways, strnaures, utilities and Urxierground Facilities not designated for removal, relocation or replacement in the course of construction. C(ilv"I'RAC'OR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shill etea and maintain all necessary safeguards for such safety and protection. C(iNPRACTCIR shall notily owners of adjacent property and of i nderp[ound Facilities and utility owners where proseeation of the Work may affect them, and shall cooperate with therm in the protection, removal, relocation and replacement of their property All dam, , a4Iuxy or loss to any property referred to in psi Me 6-0 2 or 6.220.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly err indirectly employed by any of them to perform or furnish any of the Weak or anyone air whose acts an of them may be Ruble, shall be remedied by CONTRACTOR (except damage or loss attributable to ale fauh of Drawing& or Specifications or to the acts or emissiox % of 0", N hR or 1 NGINEfxR or 13NG NEER's Consultant or anyone employed by any of them erg anyone for whose acts any, of them may be liable, and not attributable, directly or ind irectle, in wholc or in part, to the fault or negligence of CON kACTOR or may Subcontractor, Supplier or other person m orga=udioun directly or indueedy employed by any of them). COBS TRACTOR's duties and r rsibiltuics fir The safety and ptutt%fU n of the Work shall continue until such time as all the Work is completed and FIlt INEHIR his issued a I> affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6Application for Payment 9/12/01 Section 00520 Page 4 notice to OWNER arxt CONTRACTOR in accordance with paragraph 14 13 dolt the Work is. acceptable (owe) t as otherwise expressly provided in connection with Substantial Completion), 6.21. Safety Relrerentarrve: CONTRACTOR shall designate a qualified ands experienaxf safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and stipervisin g of safety precautions and programs. Hazard Communication Prograars: C 22. CONTRACVOR stall be resportsibie for daxxdirating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 6.23. In emergenciesaffecting the safety or protection of persons or the Wink or property at the site or adjacent thereto. CONTRAC"fOliwithout special instruction or authorization from OWNER or F,l`iGUNF.ER, is obligated to act to prevent threatened dama$e. injury or loss. COl TRACTOR shall ggive EivGIN,FF.R prompt written notice if CY7NTtl 1( l'C)R believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby if ENGINEER determines that a change in the Contract Documents is required bwaww of the action taken by CONTRACTOR in respo tse to such an ennergency, a Work. Change Directive or Chamw Order will be issued to document the consequences of such action 6.24, ShopDrmviegsandSamplor 6.24.1. CONTRACTOR shall submit Shot Drawittip; to ENGINEER for review and approval in accordance with the accepter) schedule of Shop Drawings and Sample submittals (see paragraph 2 a). All submittals will be idvm(ified as ENGINEER may require and in the number of oopes specified m die Geninal Requirements. The data showri on the Shop Dmwmp will be complete with n ct to quantities, dimeisios, spctiled performance and design criteria, materials and similar data to show E\GPVEF:R the materials and equipment CiNTRACI OR proposes to provide and to enable E c;,fl4'EF;R to review the information for die limited purficnes required by Ixtragraph 6.26. 6242 C ONT'RrlCI OR shall also submit Samples to LNGVNEER for re iety and approval in accordance with said accepted schedule of Shop Drawings and Sample submituals Each Sample will he identified clearly as to material. Supplier, perpnett data such as catalng, numbers and the use for which intender( and otherwise as ENGINEER may require to criable HNGENP R to review the submittal for the limited 15 EIE k3{. tikRb;Itdt,COAiJl'fltt;vb n91 J-8 ii99(�+Li,iaU w (7 n {nr FCNi r dT)Id.IidS ktrxill"LL Al'.K7V5 (72FV 4,"26rM) purposes required by paragraph626 The nambeis of each Sample to be submitted will be as specified in the Specifications. 6.26. Submittal Procedures: 6.25.1. Before submitting each Shot Drawirig or Sam It, CONTRACTOR shall have determined and veriFuk& 6.25, 1.1. all field measurements, quantities, dimensians, specified performance criteria, installation requirements, materinls, catalog numbers and similar information with respect thereto, 6.23.1 w, all materials with reWcut to intended use, fabrication, shippppirng handling, storage, awemltly anni irtstallation pertaining to the perfomance of the Work, and 625.13- all information relative to C ONT'RACTOR's sock: responsibilities in respect of nnean� methods, techniques, requences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 625.2. Each submittal will hear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3, tU the time of each submissiat, CONTRACTOR shall live ENGINEER specific written notice of such vanatiorm if eny, that the Shop Drawing or Sample submitted may have frcart the reWirememg of the Contract Documents, such notice to be in a written communication separate fiem the submittal; and, in addition, shall cause a speLific notation to be made on each Shop Drawing and Sample submitted to ENGINEER fox review and approval of each such variation. 6.26 ENGYNEER will review and approve Shop Drawings and Samples in accordance with the schedule of Ship hrawinp and Stmrple submittals accepted by EN,G NEER as required by paragraph 2.9. E30I %TFk'.s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the infdamaiion given in the Contract Documents and be compatible with the design concept of the completed project as a functionitt, whole as indicated by the Contract Doc-mnets. E,NGMEER's review and approval will not exterxi to means, meKlxads, techniques, sequences or procedures of construction (except where a particular mean:, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Doarmems) or to safety precautions or programs incident thereto. The review and approval of a ate item as such will not indicate approval of the ass eIn I} in which the item functionsCONTRACTOR shall make corrections required by ENGiNk.'UP, and shall return the required number of corrected copier of Shop Drawings and submit as required new Samples for review, aril approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for IN ENGIN ER on previous submitmhs. 6-27- KNOINEPWs review and approval of Shopp Drawings or Samples shall not relieve CO�s"I'RACTOR from responsibility for any variation from the requirements of the Contract Documents unless coNTRACIOR has in writing called ENGINEERS attention to dvch such variation at the time of submission as required by paragraph 6,25.3 and ENGIhNIBER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample appravnl; nor will any approrai by bNOINEER relieve (014TRACTOR from responsibility for complying with the requirements of paragraph 6.251, 6.28, Wleerc a Shop Drawing or Sample is rei4tured by the Contract Documents or the schedule of Shop Drawing and Sample submissiom accepted by ENGINTiER as required by paragraph2.9, any related Work ferfonned pnar to F TCili T,'fiKs review and approval of the pertinent sulmtirial will he at the sole expense and responsibility of CONTRACTOR, Confinuing the W ark. 6.29_ CONTRACTOR shall rnrr} on the Work and adhere 0 the progress schedule during all disputes or disagreements with OWNER. No Work shall he delayed or pofpwned pending resolution of any disputes or disagreement, except as permitted by paragraph 15,5 or as OWNER and CONMACTOR may otherwise agree in writing. 6.3& CONMCTOR's General Warranty and Guarantee: 6.30,La)NTR.ACT0R warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not to tkj4 Rve. CONTRACTOR`s warranty and guarantee hereunder excludes defects or damage caused by. 6.30.1,1, abusc. modification or improper maintenance cw operation by persons other than CON'l R 1CTOR Subcontractors or Supphersr or 6.301.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the 4Fo6- in accordance with the Contract Documents shalt be absolute. ;Nonc of the following will constitute an acceptance of Work that is not in ",T)CC3 NEKALCONX)t(IONS 191(140990Ie1[iso W, 0 121011, accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: ti.30,2.1, ol>servatiors by b`N'INE)"R; 6.30.2.2. recommendation of any progress or Fatal payment lwIGINEI3R; 6.30.2.3. the issuance of a certificate of Sulrstaritial Completion or Any payment by OWNER to CONTRACTOR under the Contract Documents; 63o:2A use or occupancy of the Work or am part thereof by OWNER; 6302.5. any acceptance by OWNER or arW failure to du so. 630.24 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGLNEER pursuant to paragraph 14.13, 6,30.27 any inspection, test or approval by others., or 630.2:& any correction of defeeftve Work by OWNER. lndeauiifncatition: 6,31. To the fullest extent permitted by Laws and Regulation-, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, F.NGINEER'.s Cmwltams and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, lasses and damages (includes but not limited to, ail t'e� and charges of engineers; architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or Nsulturg from the performance of the Wok, provided that any such claim, cast, lots or damage: is attributable to bodity injury, sickness, disease or death, or to rrtjury to or destruction of ttrvme property (other than the Work itself), including the loss of use resulting therefrom, and (n) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or funmsh ant • of the Work or anyone for whose acts any of them may he liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder dr whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the nedhgunce nfany such person or entiV. 6,32. In once and all claans against OWNER or ENGINEER or any of their repeci ive c.o><ailtants, agents, officer* directors or emplwees by any employee (or the survivor orp�rsonal representative of such employec) of CONTRACTOR, any Subcontractor, any Supplier, am, person or organisation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts cony of them may be liable, the indemnification obligation under peraygaph6.31 shall net be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by Or for CONTRACTOR or any such Subcontractor. Supplier or Other person or organization under workkers cow pxnwmion acts, disability benefit aces or other employee benefit acts 6.33. The irideminifieation obliptions of C0\1RACTOR under pamgraph631 shall not extend to the liability of ENGINEER and ENGINEEWs Consultants. officers, directors, employees or agents caused by the professional negligence, errors Or omissions of any of them. Surtgtwl ofONigadoofK 6.34. All representations, mdemmfieatitns, warranties and guarantees made in, required by or given in accordance with the Contract I7ocvmens, as well as all continuing obligation indicated in the Contract Docwnents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement - ARTICLE 7--0THER NV°ORK Related Work at Stile TI, OWNER may perform other work related to the Project at the site by OWNER,,; own forces, or let other direct contracts therefo which shall contain General Coalitions sun ilar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was scat noted in the Contract Docwnents, then: G3 written notice thereof will be given to CONTRACTOR prior to starring arty, such other work anti (4) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRAFroR or requires additional time and theyerties are unable to agree as to the amount or extent thereof. 7.2. (DNTRAC;T OR shall stfivd each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNM, 's employees) proper and safe -a"$& to the site and a reasonable opportunity fee the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Docurnents, CONTRACTOR shall do all cutting, fitting and patching of the Work that. may be required to make its several parts come together properly cad integrate with such other work.. CONTRACTOR shall not v'<xariger any work of odtess by, culturyg, excavating aotherwise altering their work and will only cut err after their work with the written consent of ENGINEER and the otters whose work will be affected, The dutim and rer)nsibilitics of CT)NTRA(_'r )R un&T this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 tree[72set�tx:u.cvntnrn<atystRair-tcnno,t;stuavnt w(InrorFORToV)t.ttNsMOLARCettOxsxrvarncaa» ptavisions for the benefit of CONITLACfOR in said direct contracts between OWNER and such utility owntrs and other contractors. 73. If the proper execution or results of any part of CONfRACTOR's Work depends upon work performed by others under this Article7: CONTRACTOR shall inspect such other wok and promptly report to ENGINEER in writing any delays, defects Or deficiencies in such other %York that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOWs failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOWs Work except for latent or nomnpporent defects and deficiencies in such other work. Coordnation: 7A If OWNER contracts with others for the performance of other work on the Project at the site, the fallowing will be set forth in Supplementary Conditions: 7.41the person, firm or corporation who will have auduxity and responsibility for coordination of the activities among the various prone contractors will be identifieal 7.4,2, the specific matters to be covered by such authority and respxttns'bility will be itentwil and 7.4 3, the extent of such authority and responsibilities will be provided, Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE S—OWIW.R'S RI:' KYNStBILMES 8A Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throrghFNG1NEER. 8.2 in case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against -s�7A1'T-1ft1C whamTJR-makes-nor-omsunable-ebjeetoon; whose satins under the Contract Documents shall be that of the former ENG 1NEER 83 OWN— rR shall tornish the daa required of OWNER wider the Contract Docwnents prwnptly and shall make payments to CONTRACYOR promptly when they are due as provided in paragraphs 14.4 and 14.13, 84. (AA,"NER's duties in respect of providing lands and easemcnits and poviding erngtricering surveys for establish reference points are set forth in paragraphs 1 and 4.4, Pamgraph42 refers to OW\TiR'.s identifying and making available to CONTRMCTOR copies of reports of cxplondions and tests of subsurface con ditoons at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Dcuments A:�--.__--c�l�'«r rGpatektasittg forth -inparagraphs 3-5-through is 14 ti n. OWNER is obligated to execute CFauage Orders as indicated in paragraph 10A. 81 MrNF,RR's resNitsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13A SX 1n connecu m with oWNER's no to stop work or suspend Work, see partggrraa}}o�hy 13,10 and 15,1, Paragraph deans with (A - ';R's right to temircte services of COrsJRACTOR under certain circumstances. 8.9. The OWNER Aall not supervise, direct or have control or authoruy aver, nor be responsible far, CONTRACTOR§ means, methods, techniques sequences or proeeckWes of eurem action or the safety precautto ml and programs incident thereso, or for any failure of CONTRACTOR to comply with taws and Regulations applicable m the furratilung or performance of the Work. OW aNT'R will not be responsible for COA.rf RACTOR's [failure to perform or furnish the Work in acoordancc with the Contract Documents. 8 lap - OWN;Ei's responsibility to respect of Undisclosed t>rsttasteas--p4'l�3& Radiea+xive ;,Materials tmeovofed or revealed at tN.' me is S&fnrthan-ptifrgra rb4s- t',CEIv arrangements have- Aveen -made,- te-satw -Oi rz ERts end f cnttrtsr € Troautraertts -F)Vv7 FRS renponsibgity-in-roslim-tFaerQof will ba-as set-tbttlt-at the , iupplemwtmry, Conditions ARTICLE 4--FINGUNFFR'S VATITS E3iTEt NG CONvS"17CITON, O R'NER's Represen tcufve:• 1.1 ENGfNFFR will be OWNI Rs representative durinrg the ccre;u" tion perrwx Hie duties and responsibilities and the limitations of athority of ENOUNFE'R as OW NERs representative during coruiruction are set forth in the Contract Documents rmd shall not be extended without written consent of OW4'IiR and ENGINKER E isits to Site: 9.2 I -NI GiANEER will make visits to the site at intervals appropriate to the various stages of construction as ENGENEER dcerns necessary in order to observe as an experienced and qualified design professional the progress h.;nctxc • c:& wrJttAi, onvt;pil7d>us 1 s 0-s (t vow I.', 64Mu W CITY OF FORT CX,R,L V9 MMIFICA't 10NS (RFA` 4 2rxmr that has been male and the quality of the vanotns aspects of CONTRACTOR'S executed Work_ E4cied on information obtained during such visits and observations, EtiGfNTF,F.,R will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents FNGfNEiFR will not be required to make exhaustive or continuous on - site hrspections to chock the quality or quantity of the Work EN -GI ER's efforts will be directed toward providing for OWNER a greater degree of confidence that the. canpleted Work will conform generally to the Contract Documents. On the basis of such visits and on. site ohservatiau, FNGINIEHR will keep Olb'AIkR informed of the progress of the Work and will endeavor to ward OwN`ER against *(active Work, hNMNFER's visits and on -site ohservations are subject to all the luuitationa on ENGIN'EER's authority and respisibility sot forth in paragraph 9.13, and particularry, but without lunitation during or as a result of h"NG1Nl3ER's on -site visits or observvatians of CX")N fltAC 1'OR§ Work eXIN'EER will not supervise direct, control or have authority over or be responsible for CON"l'RACTOR's means, metlaxis, technique% sequences o t procedures of construction, or the satbty precautions and programs in:ident thcratq or for any failure of CONTRACTOR to comply with Laws and Regulationv applicable it) the famishing or performance of the Work. Project Roprwitla ive: 9 3. if OWNER and ENNGINMER. agree, ENG.MER will furnish a Resident Project Representative to assist F,\rG1;dF,ER in providing more continuous observation of the Wok The responsibilities and authority and limitations thin-mi of any such Resident Project Represetuutive and asstsaim will be as provided in paragraphs 9;3, end 9,1:3 attd it+- tha - �ttpplantantaw Conditions of these General Conditions, if OWNER deli atcs another t semative or agent to represent Oat die site p� s not'GE3EERs Coas rulmrn agent or employee, the responsibilities and authority and limitations thereat of such other perscm will be as 9 3 1 The Rgxcgetltauv<s. <iealii s ic. matters, I MY'ag_tptheun-sitc_.wcxl,wil,l,.anwmral,hzwith the ,MFR a id <'ON ThAC FOR _ }gut the Representative will loop the OWNER properly advised abzout such _mtatttrs. The Representative's deahram withsuhcontractors will c be throu vh Or with thc_.full knnwledee uaxl_rnppraval c�[ tfu cr)NTitAC TCTR. 9,3,2 Lathes and Ro.Wnnsibih es. Regresctiwtive wily 9 3,2.1_Schedules_ - Revi schedule and other rwJvduies , -gmvd by the C(7NTRAt�"C'C)13_,.+u>Ei .ums�tlt:.__with_, tFu' M GNI T concerning act & ility 93�2.2, Conierer&cs „a M t� Attensi tii etina with the CUV[g2AC---T0_R such as precartstruction eonfettttcvts, , grow ss mcgl np aui vther job ccutiennces and„_„ _TqL arui circulate cppi�es nt pa irtutes nC t�,eetipt;s. 9.3 2 3 t..iaism 9 32 3 I. Serve as fiNCYIhT EWS lin son with CQ1vT►2ACTQ u�ttki_-incipntly tltro CONThA- t QR'S supeq to dem to assist the C NTR 1A(:'tC7R in undastandirig the C�ttr Dmvmments. 13' 3' Assist in obuinm from C)WNTR a<idiaanal or ._infamatiot3_.._whop ffor execution of the Work. CONMV,TQR of the !? mmencement of any ..WLk rcquir % a Slx ..._Drawin cx wtmnic jglission if the submmitm bP-ml heen _appmved by the_I NG NEI R. 44 ark, lnsjN4t and'Cesys,- 9:3."A t . Conduct nn-stte �xiervat ons ofi the XVgtk to tuoaress to assu the b ER in detetmini%,Lfipt the Work i-,pr ecdulg.in ata�. K:tlh..tl?.a.cnttrt,Gt:C2stswsrattfa: Acaxrlpany yisitzne, }nspeetgrs rc�r�seminf� public or Wither a�rn,i�s,havin jurtsihctirat over the -' pjcct, recpro thejoi l al tltesc _ fnspec ipm ti report to the ...................... 9112,5 _ trltnrfxet#nem of Ccrtract Dccwgcttts._,,, Repent _ to G?;caNUR whir clanficat%sand into cttnicxrs of the Contract Ikcunlents__ are 1w4 and ;ran viit .w C'Ciiv j K�'tC"Tt)1� �mittwrf at1d,,,,uttet}xcprtrw of the Contract a uments as is ue by the FRCH?4�+vE� 9.3.26 tutoctifications. (ptir stud evatunte C32vTRACPOR.S soseemons fir WC1D0Sk-XFAAt, CONDITIONS ITIO.NS 191(4 {199n20 t,r. titxp rot' Cl TY Or FOWT CO tJN3NOINr1CATIOOM MFV '2001)) modification in D aw ar S cifications and re ort Ifyw rxrotnrtendafict _to FNGJNF R. tccututel} trttit to CONTRACTOR decisiom ivue i by the, FNGT F,FR 9.3 ^ %.Records. rcpor -..._, _ha frM4l te workciJpPQR'S _udtnktic�.,atmshop_ Dratvitt�,,arl sample �1t4?1n�ts�t# nrl_vance_._ of _ _sch?�ktl!�.._ _majc�r.,._tccts, dons or start of imaonantses of the th'.. 9,3.2.81 Drt ft pLwgw n t?rc ers tttrd tX'cmlC, _Dtrxq}e .,('beiges, _t2Matnnp; *,kup material Gam the C ON 1 RACft3R and remnmend tea I-N.CiM} ER (liange Orders 'Work D rmtjve Clwr�*es altd Ilel orders, 9318.4 Re cut immediate to rvci* ER an ,Ub4N[ ,Eli oc urrencw of e�4' AV'4C?I 93, ° a Pit ,g emt ats Review a licati ms tor_pa}'atent with C� RAC'1')R far compltance wttUht�_ educe for then submission and fonvnrd with recnmmendatian to I:iv3rllvEDF, inOtir�+g�tticul�rl}�_t}� mlatttatyhi�t?t the p»}}�npnt ,rrxyirextedl w, the sc huiule_ of v ilt+X work conleteEl �ndl mr�tarials anJ a�u_;etrt befre t_at_ the site x}_n x iseixp rated rn ,the `?ram 9,3.2.10. Corn etion qJ IQ, I. Azfm....GTC . EFiR issues 8 (grjrl4te of "Iybsfaniytl (`,urttpletiotr, subluit to CO.N.TRACTOfi,a list of Observed itemss terrorist wrrectian or coo lr tin. !).32.10.^_. Canduqt frtwt inslx-hon tq the pom ny_ of the_NUIIv1 FF _()tiNFR anel C_()NTRACTC)R and�ttere_ a final _list -of items to he c�reacd ur wrnplctal. 9 3' 10 3 Observe that all items on the foot {ist.havn I car c xrecKed nr_pnmletuland make redo r to ENOTN EM cixtcerni acce k�nce. 93.3. D�imotatiror of AutfmorC � .� Repr�aentsrtivc shy not; 9 3 3 1 authorize, any doyiatwns front _ the Q"QlAkcncl L...Qpk +, 1tq l tnaterials t c_.rgs,ipntmt, Wttess autlautazci t f the ENGINEER. 9U,3,2. _ Voweed limitations of liNt;l vP1 R5 p ati 9JA AMIntet 1 m nr5," 9 3 3 3_ t htdeiial c any of ilx respqruibrlit cs K>w ar_, a�s�sniz aontrl?l �wcr any. _aspect, oS' thr means , metl>uds,, cechnlques _seguenccs_ „pr spe.6ficatly.cxl)ed for in the fron kgI)ocun dins%. 9.3.3,5. Advise on or issue directions r e�usm.- _ corttrvl comet Safely pnw,Aquo ,s tmil pn�wns in connections with the Work 9.3 3 g _ Accept Slwp„ Drawings_ or sample su6mtittats.— front _alV:cnz_._ tJ the flS1 9337 tludwri.,c OWNER to cxccupy the.. 1�Lmk m whole or in marl. 9_318. _ Participate inhtxd ,. specraFeld up lafxm torn tests ar vWwgionsRo nducted btu dithers enders as__vocific;ally._ suthori&d by the 1iNONEM, Clarifications and Interpretations: 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E.1Cl;t; d;k?�iF�liN. c�vtt7t77UNS t'J i 9-X (t YY9 trctiiisn) col CITY OF FOR r COt,m.lx9l2C�411Fr CA71(,I v5 (RF_O 1211M) requirements of the Contract Documents (in the totm of Drawings or otherwise) as CNGINTi iR may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Crmtract Documents. Such written clarifications and interpretations will be binding on OWNNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification cc interpretation justifies an adjustment in the Comni-t Rice or the Contract Tunes and the parties are unable to agree to the amount or oadent thereof, if any, 0WNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Autkwizert Variations in A ark: 95 I:NGDNEDiR may authorize minor variations in fire Work from the requiiements of the Cdxttiuct Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design conccpt of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OW'1Vka2 and also on CONTRACTOR who shall per ixm the Work involved promptly. if OWNER or CONTRACTOR believes that a Field Order justifies an adiwitrnent inthe CoruractPricc or the Contract Times and t parties are unable to agree as to the amount or extent thereof, OWNER or CON'TRACYOR may make a writen claim therefor as pro v ided in Article 1 I or 12, Rejecting Defedive Work., 9.6 EINGINE.HR will have authority to disapprove or reject 'Wore which EMi UR believes to be e&jechve, m that ENGINEER believes- will %wt produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated IV, the Contract Dootai ertts. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 139, whether or our the Work e, fabricated, itmalled or completed Soap Drawings, Change 0rtirrsandPnvmenh, 93. in connection with LNGINUR's authority as to Shop Thnwings and Samples, see paragraphs 6,24 through 6.28 inclusive. 4 S- In connection with ENUDIN`EER's authority as to Charge Order& sec Articles to,1I, and 12. 9.9, In connection with NNG1 vMR's sullixity as to Apphcaticm%lor ilayment, see Article 14. Determinadvoix far dart Prices: 9,10 k^.+iCsINEER will detennirre the actual quantities and cl:ssitioniixis of €'nit Price Work performed by (`.ONTRAC'TOk ENGINIMR will review with CONf12ACIOR the ENCrIN lM's preliminary, determinations on such matters before rendering a written decision iberwri (by recommendation of an Apphcmion for payment or otherwise). ENOINEFRs written decision therein will be fro] and hind upon OwNER and CONTRACTOR. tml= within ten days after the date of any such decision either OWNEER or CONTRACTOR delivers to the outer and to ENGINEER written notice of intention to s I from ENGINEER'.s decision and: 6) an appeal freer 1sNGINEER's dzoision is taken within the time Gm&s and in accordance with the procedures set forth ill E.dhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER will CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement his been entered into,. a formal proceeft is instituted by the appealiT party in a forum of competent jurisdiction to exercise such rights or remedies as tie appealing party may have with respect to ENGINEER'S decision, unless otherwise agreed in writing by OWNIiR and CONTRACTOR Such appeal will not be suhjecx to the Procedures of paragraph 911, 1. DecisMxs on Disputer 9.1L ENGINEER will be the initial interpreter of the requirements of the Contrad Documents and judge of the accepwbility ofthe'Work theremaier. Claims, disputes and other matters rely to the acceptability of the Work or rite intcrptretation o the recpuiements of the Contract Documents pertaining to the performance and furnishing of the Work and claims ureter Articles I i and 12 in respect of changes in the Contract price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the, other party to the Agreement promptly (hut in no event later tfwn thirty days) utter the start of the occurrence or event giving rise thereto, and written supportaig data will be submitted to RdGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more aocurmo data in support of such claim, dispute or other matter- The o party, slwll submit any response to MMINEER and t�imant within thirty days after receipt of the claimant's last submithd (unless ENGINEER allows additional time). INGWEER will render a tbrmal decision in writing within thirty days after receipt of the opposing party's submittal, if any. in accordance with this paragraph. ENGMEER's written decision on such claim, dispute or other matter will be final will binding upon OWNER and CONTRACTOR unless (1) an appeal From ENGINEER's decisicm is taken within the time limits and in accordance with the p ccdures set forth in EXHI1311 GC-tl "Dispute Resolution .14greenent", entered into between OW"NE.R and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENd.;MERs written decision is delivered try 0WR;El2 on CON"IRACTOR to the other mid to ENGINEER within thirty days after the date of such decision and a funnal prOceedinpt is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing patty may have with respect to such claim,dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date or such 19ne-811990 Favoli '"` weCATYO6 NChaTCX1tL1 A'S MUDIF1C:eTIQ�7.S rrcF.V&;a�M) decision, unties othewim agreed in writing by OWNER and CONTRACTOR. 912. When functioning as interpreter and judge under paragraphs 9. 10 mat 9_11, ENGINEER will not sfiow, partiality to OWNER or CONTRACTOR and will not he Gable in connection with any interpretation or decision rernduext in ga d faith it such rapacity. The rendcri g of a decision by ENGINEER Pursuant to paragraphs 9, i o or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of fatal payment as provided in Irtragraph14IS) will he a condition precedent to any ecise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws Of Regulations in reseed of any, such claim, dispute or other matter -pia'suentto-Article 16. 9.13. Limitations on &SVIA :ER's Authority and Regroustbtdiies: 9,13_1. Neither DMINEIiR's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER, it good faith either to exercise or not c+ ercise such authority or responsibility or the urKkrtaki%ing, exercise or performance ofany authority or responsibility by ENGINEER shall create, impose or give rise to any dotty owed by ENGINEER to CONTRACTOR, any Subcta"U)T, any Supplier, any other person or orgaramtin, or to any surety for or employee or agent of any of them, 9.13.2. ENGINEER will not supervise, cured, control or have authority over a be responsible for CONTRACTOR's mans, methods, techniques, sequences or procedures of construction, or the safely precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfarmanCe of time Work. ENGiNIS R will not be reslxstsible for CONTRACTORS failure to perform or furnish the Work in accordance with the Contract rx:lc moms. 9.133 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any, on other person or organization performing or furnishing any of the Work. R13.4, ENGINMR's review of the fired Application for Payment and accompanying documentetion and all maintenance and gxrahng irvstructiuns, schedules, guarantees Fonds and certificates of inspection, tests and approvals and other documentation required to be delivered by parararh 14 12 will only be to determine generally Ilvat their content complies with the requirements ot, and in the cause of oertificates of in$Wctiores, tests and approvals that the results certifiexl indicate compliance with the Conn -act Documerns 9.115. The limitations upon authority and responsibility set tbtth in thus paragraph 9.13 shall also apply to ENCaNTPRs Consultants, Resident Nojed Representative and assistants. ARTICLE 10—C114ANG.FS IN TIW. WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNT..R may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Atnaulment, a Change Ordcr. or a Weak Change Directive. Upon receipt of any such document, CONTRACTOR shall promppttly proceed with the Work involved which will be p erfamod under the applicable conditions of the Contract Documents (cxeept as otherwise specifically provided). 10.2. If OWNIIR and CONTRACTOR are unable to agree as to the extem, if any, of an adjustment in the Contract Price or an ad usiment of the Contract "Times that should be allowed as a result of a Work Change Directive, a claim may be mace therefor as provided in Article 1 ] or Article 12. 10.3. CONTRACTOR shall not be cmided to an increase in the Contract Price or an extension of the Contract Tunas with respect to any Work performed that is not rcz�cpired by the Contract Document% as amended, modi€ned and sup�rlemarted as provided in paragraphs 3.5 and 3,K. except in the zm of an emetgenc°y as provided in paragraph 0 23 or in the ease of uncovering Work as provided in paragraph 13.9, 104. OWNLR and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1, changes in the work which are (1) ordered be OWNI FR pursuant to paragraph 10.1, (ii) required because of acceptance of ale echve Work under paragraph 13.13 or cotrectng adjective Work under paragraph 13,14, or (iii) agreed to by the panics; 10.4.2. 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 renderer by ENGINHIiR p ursuara to paragraph 9.11, provided that, in lieu of executing any such Change Ceder, an appeal may be taken from any such &-cisiat in acemdfame with the provisions of the Contract DOCuments and applicable taws and Rebndatiorm but during any such apptat, UUNJFAk:l UK shalt early on the Wulk and ere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includirra. but not limited to, Con tniat Price or Contract Times) is required by the provisions, of any Bernd to be given to a sureky, the gwi "' of any such notice will be CONTRACTMi responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTIC 11 11--CM%NGL+ OF CONTRACT ir?R10E 11.1. The Contract Prig constitian the total compensation (subject to audionzed adimunents) payable to CONTRACTOR for performing the, Work. All duties. responsibilities and obli twos aas�gnal to or undertaken by CONTRACTOR shwa he at C O T KmACT0R's expetsa without change in the Contract Pricc_ i i a The Contract Price may only he changed by a d,.,range Cedar at by a Written Amendment Any claim for an adjustment m the Conrad Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER pranpdy (beat in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim Notice of'the amours of the claim with supporting data "I be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall to accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be dcloninn ed by ITIGMER in accordance with paragraph 911 if O1`YNTER and t"ONTRACTOk cannot otherwise agree at the amount involved. No claim for an adjustment in the Cotract Price will be valid if not sulnuued nn wvordance with this paragraph 112 113. The value of any leak covered by a (1harge Order or of any claim for an adjustment in tla: Contract Price will be determined as follows: t.3.1. where the Work involved is covered by unit prises contained in the Contract Docunnaus, by appptcation of such unit prices to the quantities of the items involved (subject to the provisions of MD(' (;t_'+' ,KA1.0)%'VM0" 19104 O WO tArmlr 23 W- C{TY 01' FORT OAA," A ONVICATIONS M-V b 200111 paragraphs 11.9'1 tbrough 11.9:3, inclusive): 11.3.2. where the Work involved is rat covered by unit prints contained in the Contract Documents, by a mutually agreed payment basis, including lump stun (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.1), 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a Jump sum is not reached under paragraph 11 12, cam the basis of the f�n t of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONITRACfOR'% fee for overhead and profit (determined as provided in paragraph 11,6). Cost ofrke Work. 11.4. The term Ccst of the Work means the cam of all casts necessarily incurred and paid by CON'TRACTOR in the proper performance of the Work. Fxcept as otherwise may be agreed to in writing by OWNER, such costa shell be in amounts no higher than thou prevailing in the kxnlity of the project, shall include only the following items and shall not include am of the costs itemized in paragraph 11.5� IIAI, Payroll cocas for employees in the direct employ of C.ONTRACI'OR in the ferfarmance of the Work under schedules of job clas.sifieaticuts agreed upon by OWN1iR and CONTRACTOR. Such employees sha11 include without limitation superintendents, foremen and other personnel employed full-time at the site, payroll costs for employees not employed full-time on the Work "I he apportioned on the basis of their time spent cn the Work. !payroll cots shall me", but -net be limited to salaries and wages plus the coos of fringe benefits which shall include social security contributions, unemployment. excise and payroll taxes, workers compensation, health and-retmemembetiefits; bonusme sk deava weentien tutdh applicable thereto. The e.�aenws of ixnforming�i ark alter regular working hours, on Saturdav, Sundav or legal holidays shall be included in the above to the extent authonrtd by OWNER. 11A.2. Cart of all materials and equipment furnished and incorporated in the A51ork, including cost% of transportation and storage thereof, and Suppliets' field services required in ronnecticm therewith. All cosh disconts :shall accrue to C'ONITR.AC70k urtlatis (,)IXNFR deposits funds with CONTRACTOR with which up make ruyments, in which case the cash discounts shall aurue to OWNER, :All track discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNEK and CON Tit-xcYoR shall make provisions w that they may be obtained. 11 A 3 payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Suhccmtmetom if required by OWNIER Fret DCflMIKAL 40N01,110Pis 1910-a 11990 Edtu ill �4 W'O IN OV Tftam C(�SSdh;+hiCmi➢ItICA'rt�'=4S flif4 d!?fmiFtl) CQ,NTKACTOR shall obtain competitive bids from Subcontracots acceptable to OWNF,R and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of LNCT1NFE t, which bids, if any, will be acceptcti. 1f any subcorxract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, tha Subcomrackr s Cent of the Work and tee sMf} be determined in the same manner as CONfRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 113, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Csatrnct Domments insofar as applicable. 11.4A Casts of special consultants (including but not limited to engincem architects, testis laburutorics, strveyuvs a&xncys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs inclu&W the following: 11.4,5A, The proportion of nec,--gsaty transportation travel and subsistence czepenses of CONTRACTORS employees incurred in discharge of duties connected with the Work_ 11,452, Cast, including tmrvil mnation and maintenance, of all materials, supplies, equipment, machinery, applrmwv,' office and temporary tacilities at the site and hand toots not owned by the workers, which are consumed in the performance oi' the Work, and cost less market value of such items used but not conwrmed which remain the property of CONTRACTOR. 11 A.5-3, Rentals of all construction equipment and machinery and the parts thereof whether ratted from CON"1'R.ACTOR or others in accordance with rental agreements approved by OWNER with the advice of TisiGINIEER, and the costs of transportation. loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The remal of any such equipment, machinery or parts %hall cease when the use thereof is no larger necessary for the Work. 11.4.5.4. Saks, consumer, use or similar taxes related 10 the Work, and for which C'Oti''TRACTOR is liable. imposed be Laws and Regulations. 11.4.5.5 Deposits lost for causes other than negltgence of CONTRAt`IOR, any Sub,.omractor or anyone directly or indirectly employed by any of them or for whose .arts any of theta way be liable, and royalty paymeras and fees for permits and licenses. 11.4.5A Lassos and damages (and related expetlses) causal by damage to the Work, not compenuitecl by insurance at otherwise, sustained by CO;V I RACTOR in connection with the - performance and furnishing of the Work (except li .rues and damages within the deductible amounts of property insurance established by OWNEPi in accordance with paragraph5.91 ,provided they have resulted from causes other than the nneeggligence of CONTRACTOR, any Subecxuractor, ar anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent mid approval of OWVER. No such losses, damages and expenses stall be includes] in the Cost of the Work for the putpose of determining CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is laced in charge thereof, CONTRACTOR shallbepaid tat services a fee proportionate to that stated in paragraph 11.6.2, 11 A.5.7. 'foe am of utilities, foci and sanitary facilities at the site. 11.4,5.i;. Minor expenses such as telegrams, long distance telephone calk telephone service at the site, expressage and similar petty cash items in Lonnection with the Work. 11.43D, Cost of prem iums for additional Bonds and insurance required becatee of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following, 1151. Payroll costs and other compensation of CONTRACTOR's officers, execunivc-,, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contrasting agents, expeditem, timekeepers clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general admirusttatlon of the Work mad sort specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 1 L4.4—aA of which are to be considered administrative was covered bit the CONTRAC rOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than C7ONTPLV- TOR's office at the site. IL5.3. Any pert of CONTRACTOR's culrtal expenses, including interest on CONURACIOR'S capital employed fox the Work and charges against CONI RACTOR for delinquent paymtents. 11.5.4. Cis of premrwns I'm all Bonds- and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (cxccpt for the cos€ of premiums covered by subparagraph 11.4,5.9 above). 11,5.5. Costs due to the negligence of CONTRACTOR, any Subcon"cur, or anvoato directly or indirectly employed by any of theta or for whose ads any of their may be liable, including but not limited to, the wtrection of Ckfective Wa& disposal of materials or equipment wrongly supplied atuJ making good any damage to property. €L5,6. Other overhead or general expense costs of any kind and the costs of may item not specifically mid expressly included in paragraph 11.4. 11.6_ The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit skreIl be determined as follows: 11.6.1, a mutually acceptable tided fee; or l L6.2. if a fixed tee is not agreed upon, then a fee bated on the foilowi percentages of the various portions of the Cost of the Work: 11 A 2.1, for costs incurred wirier paragraphs 11.4.1 and 11.4 2, the CONTRACTows fee shall be fifteen percent; 11.6,12, for scuts incurred causer paragraph 11.43, die CONTRACTOR's fee shall be five percent; 11.6.2.3, where one or more tiers of subcontracts are on the basis of Cast of the Work plus a fee and no fixed fec is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.62 is that ilk, Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under pamgraphs; I1 4.1 and 11.4.2 and that anyy higher tier Subcontractor and C)ONITRACTOI2 will each be raid a fads pia+o-}xraert6ef die, amount -paid, to the -next -lower tier Subeentracusrr to be npgptiatgd ifa J .IWIli_w'illi Jhe- —WAN:V Nt DQ to of it five penxnt_of the mprntntdnaid to the rim t lower Ttf, 5*,ximim lm 11.6.2.4, no lice Mall be payable on the basis of casts itemized under paragraphs 1144, 114.5 and 11 5, 11.62 5, the amount of credit to be allowed Iry CONTRACTOR to OW'i�ER far and chat e which results in a net decrease in deem will b ttZ amount of the actual net decrease in cost plus a deduction in CONIRAC TOR's fee by an amount egwd to live percent of such net &-crease; and I i.Fi.2.6 when both additions and credits are involved in any we change, the udjustment in CONTRACTdr,Vs fee stall be computed on the basis of the net charge in accordance with paragraphs 11,6.21 through 1 t o_2 5, inclusive 117, Whenever the cost of any Work is to he rot uo;de to c of t'none 19to-909cutt4wi) 25 W OTY OF FORT CO[.1," LiOI)tFIC<A nONS (R$il =t 2CMMi) 7.3 Drawings, None 7.4. Addenda Numbers NA. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 determined pursuant to pamgraplts 11.4 mid 11,5, CONTRACTOR will establish and maintain records thereof in accordance with gericrally accepted accounting practices and submit in farm acceptable to ENGINFFR an itemized cost breakdown together with supporting data. CashAllomancear I f.$. It is understood that CONTRACTOR has included in the Contact Price all alhnvunces so named in the Contract Documents and ill cause the Work so cowered to be Runished and performed for such sums as may be ara cptabk to ()1A+hER anti E 1C 1NTiER. CO?N'MACTOR agrees that; 11.8.1. the allowances include the cost to (X)NTR,'1CfOR (less am afipheable trade discuurus) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes. and 11.82 CONTRACTOR's ads for unending and handling on the site, labor, installation costs, overhead, profit aid other expenses contemplated for the allowances lave been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will I'V valid. Prior to Gull payment, an appropriate Change cinder will be issued as recommended by F3'SC4INEER to rellect a+.tual amounts due MNTRAC'TOR on account of Work covered by allowances- and the Contract Price shall be correspondingly at lusted. 11.9. Unit Price Work, 11.9.1, Where the Contract Documents provide that all or part of the Work is to be'Unn Price Woek, initially the Contract Price will be deemed to include for all Unit. Price Work an amount equal to the sum of the established unit prices for each separately identified item of Limit Price Work tines the estimated quantity of each item as indicated in the .Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose. of comparison o[Ads and determining an initial Contract Price. Determinations of the acwat quantities and classifications of Unit Pace Work performed by ( INTRACTOR will be made. by MM\ in accordance with paragraph 9.10, I L9 2. Each unit price will be deemed to include an amountctaucidacd by CONTRA(" rOR to Ix ackq cue to cover CC)NTRACTOR's overhead and profit ffor eachseparately parately identified item. 1193 OWN1;A nr (Y)NTRACTOR. may make a claim for an adjustment in the Contract Price in accordance with :Article 11 if, 11.9.3.1. the gaaruity of any item of Emit Price Work performed by CONT RAi'TOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; HICpC,OVINIMV S'QVV171QN$ 1910-809901-A0end 26 w CtnYOFFORI('OU,INSMtN)ntIATIO.NS'(RFVdR?kX*) and 11.9.3,F, there is no corresponding adjustment with respect to any other item of Work: and 11.9,3.3. if CONTRACTOR believes that CONTRA( TOR is entitled to an increase it Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Cortract Pricc and the parties are unable to agree as to the amount of any such increase or decrease. JI 9 A CON°�RACTOP owloa6tcs that t C)1# SFR has the ,i & to add or delete items in the Bid or cha a rtitics at OWA�M S sole dmorefiot without than Contract Price aC art} remaimnld jppcarne so long_.as the dcletlon.._or alltiLn does mat exceed twenty-five ueercent of I}lo_mr,l tcxat ['altract_Price tAW11CI E 12-4:1-MGE OFCOMRrACT TIMES I.I.I. The Contract Times (a Milestones) may, only he changed by a Change Order or a Written Amendment. An claim for an adjustment of the Contract Times (or tvlilestones) shall be basal on written nouce delivered by the party making the claim to the other party and to UNGINUER promptly (but in no event later than thirty days) after the occurrence of the event ggtnvitig rise to the claim acid stating the general nature oft claim. Notice of the extent of the claim with supporting data shall be delivered within stAy days after such occurrence (unless FN'GlNbhR allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the. claimant's written statement that the adjustment claimed is the entire adlustmenn to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Mikstones) shall be determined by FNMINEER in accordance with paragraph9.11 if OWNER and CO;NTTRACfOR cannot otherwise agree. Not claim for an adjustment. in the Condoner Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12. i . 122. All time limits stated in the Contract Documents are of the essence of the Awem. eon. 123. "here CONTRACTOR is prevented from completing any part of the Work within the Contract Times ((it -Milestones) due to delay bagaxd the control of CONTRACTOR, the Contract Times for Milestones) will he e.Ntend sf in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12, 1. Delays beyond the control of A) NTR ACTOR shall include, but not be limited to, acts or neglect by OWNIR, acts or neglect of utility owners or other cmiractcrs performing other work as contemplated by :Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Ct; X7RAC MR. 114_ Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or 10ilestones) due to delay beyond the control of both OR'1v"IT2 and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal 4) the time lost due to such delay shall be C ONTRACTO"R:s sale and exclusive remedy for such delay. In no evetrt Mall O)ANFR be liable to (,ONTRACTOt, any Subcontractor. ar>} Supplier, any other person or organization, or to any surety for or employee or agent of any of their• for damages ansirg out of or resulting front (i) delays caused by or within the control of the M%wRAC 0R, or (it) delays beyond the control of both parties including, but not lin sited to, foes, floods, epidemics abnormal weather wtidiaosts, acts of God or acts or neglect by utility owrien m other contractors performing other wwk as contemplated by Article 7. A TICL{ 13-TEST'S AND INSFUMONS; ('ORRFC'pfgN, REMOVAL OR ACCE:P•TAIrCF OF DEM711V WORK 13.1. X%Oce of Defects: Prompt notice of all def ethe Work of which OWNER or ENGINEER have actual knowledge will he given to CONTRACTOR- All drfecNve Work stay be rejceted, corrected or accepted as provided in this Article 13 Access to Work: d3.2 t7\t'1`a`Cl2, LNG1N1T12, IflV(iINI'.I:R`s Consultants, other representatives and personnel of 0'V NERI. indepenit nosing laboratories and govammera d ag4mei with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing_ CONTRACTOR shill provide thein Proper and .We conditions for such access and advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspeerianr 133 CONTRACTOR stall give C'viTQQ\-1ER timely notice of readiness of the tVork for all required inspecti(ns, tests or approvals, anal shall cooperate with inspection and testing personnel to facilitate required inspections or to its. 1 3 A OW\I3R shall employ and pay ftx the services of an independent testing labo rmon, to perform all inspections, tests, or approvals required by the Contract Documents except, 13 4.l for inspections, tests or approvals covered by paragraph 13.3 below, 13.4.2. that costs incurred at connection with tests or inspectonn conducted pursuant to paragraph 119 pyJCG(.'t)t�tir`"Rrll. C)Nt)111"8 1910$ rt 1�" Et 010,1) w (ITY wP'oRr1'Otd.t`S'kT0JF[CA1 tOV5tRF.41,2U(1n) below shall be paid as provided in said paragraph 13 9; and 13.4.3 as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any ppublic body, having jurisdicuou requac any Work (or hart rherert) specifwatly to be inspected, tested or approved by an employee o other representative of such public body, CO 'TRAGfOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish VNG1NEER the required certificates of inspection, o approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any unpednon& tests or approvals tcyuited for OWIN'ER's and l-NGINUMs acceptance of materials or equipment to be incorporated in the Work, or of materials, mot designs, or equipment submitted for a oval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13A 11' any Work (or the work of others) that is to be inspected, tested or approved is covered by M141RACTOR without written concurrence of IMINHE-N. it mast, if requested by E;Nt INHEiR, be uncovered for observation 13.7. Uncovering Work as pprrovidcd in paragraph 13,G shall he at CONTRAC1OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same anti faNGGNIAiR has not acted with reasonable promptneu in response to such notice ITrrcm,ering 11104: 13.8. If any Work is covered contrary to the written request of UN CIMBER, it muss, A requested by EiNGNEER, be uncovered for IRNGL'NEER's observation and replaced at CONIRAC'TOks expense. 13.9 If ENU N"EE?R considers it necessary or advisable that covered Work be observed by TNUMEER % inspected or tested by others, CONTRACTOR, at UNGIINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing, as FNGIINIER may require, that portion of the Work in question, famishing all necessary tabor, material and equipment. If it is found that such Work is defecnve. CONTRACTOR :hall pay all claims, costs, lasses and damages caused by, arising out ofor resulting from such uncovering. exposure, observation. inspection and testing and of satisfaUory replacement or receostructicm, (including, but net limited to all casts of repair or replacement of work of others); and OWNFIR shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to Use amount thereof, may make a claim thwefor as pravidad in Article 11. If, however, such Work is nor found to be ,4penve, Ce )tc'f1tA(7 t)R shall be, allowed an increase in th'e Contract Price or an extension of the Contract Times (or Nfitestones), or hoth, directly attributable to such N uncovering, exposure, observation, inspection, testing, replacement and reconstrruuciim and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles I 1 and 1? 0li4W% R Map &op the Work: 1110_ If the Work is defeca r, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipmesa, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract DocumrenN, OWNER may order CONTRACTOR to stc�i the Work, or any IxAiu n them)C until the cause far su It order has been e6minawt: however, this right of OWNER to seap the Work shall not give rise to any duty on the part of OWNER to exercise this right for rho benefit of CONTRAM'OH or any surety or other patty. Correction or Rcmavat ofDefredve Wank 13.1_i_ If required by ENGINEER, CONTRACTOR shell promptly, as directed. either correct all cicffecVve Wick, whether or not fabricated, installed or compkted, or, if the Work has bean rejected by E iGfNEhk, remove it &an the site and rcplae� it with Work that is not defective. CONTRACTOR shall Ray all claims coats, tosses 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. comredon Period 13,111, If within eat -year two years after the date of Substantial Completion or such longer period of time as may be prescribed by haws or Regulations or by die teens of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Do umett, any Work is found to be tl,Parv,, CONTRACTOR shall protitptly, without east to OWNER and in accordance with OWNLR`s written instructions, (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not rhfective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delav would cause serious risk of loss or damage, oW'NIIt may have due defective Work corrected or die rejected Work removed and replaced and all claims carts, losses and damages caused by or resulting from ouch removal and replacement (including but not limited to all costs of repair or rTlacenrent of work of Others,) will Ix tXiid by CON 'I'RAC rOk t3.12_2In special crrcumsimu:es where It particular item of equµmait is placed in continuous service before Substanurd Completion of all the Work, due correction period for that item may start to nun from an earlier date if so provideed in the Specifications or by Written Ara mdmera_ 13.12 3 Where defeevve York (and damage to other Edo rai,B$ ER,r, CONVII)ONP51910-81199Q Ettaia6 w tlTY Clr FOAk r Cf 4 A ANS MODIFICATION', MIN 4,2M1) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.11, the aurectionperiod hereunder with respect to such Work will be cKumdod for an additional period of Este year twos after such correction or removal and replacement has been satisfactorily completed. lccrplruece ofDIt*-dve IFork: 13.13, If, instead of requiring correction or removal and replacement of defective Work, (AREA (and, prior to ENGINTEEKs recommendation of taunt payment, also ENGINEER)}r ethos to accept it, OWNS may do so CONTRACTOR shall pay all clamor o osis, lasses and damages attributable to OWNER's evaluation of and determination to acceepptt such defacitice Work (such casts to be algnoved by ENGINEER as to reasonableness). if arty. such acceptance occurs prim to UN<1liNEEWs recommendation of furl payment, a Change Order will be issued inca7xmting the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall he entitled to an appropriate decrease in the Contrast Price, and, if the ppaanric.: are urmble to agree as to the amount thereof, OWI FP may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by 0ONTRAC"TOR to OWN litz OW',NT 2 hfap Comet Defective Work: 13,14. if CONTRACTOR fails within n reasonable time after written notice. from ENGMIEF.R to correct defective Work cc to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13,11, or if CONTRACTOR fails to perfume the Work in accordance with the Contract D000amaems, or if CONTRACTOR fails to Comply with any Other provision of the Contract Documents, OWNER may. after seven days" written notice to CONTRACTOR, correct and remedy any such dehoierioy, In exercising the rights and remedies under this paragraph OWNER shad proceed expeditiously. In correction with such corrective and remedial action, OWNER may exclude QONTRA(710R bean all or of the site, take possession of all or pan of the Work, and suspend CONTR,AC'T0 1;N services related thereto, take passe sloe of CO LRACTOR's tools, appliances, conste 4COL equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OW-A.T-R"s repriesemativm agents and employees, OWNER`s other contractors and FN'(j Nf?ER and E2 CiNEC.R"s Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph, All claims, costs, losses and damages incurred or sustained by OW; ' iR in exerestng such rnn��•his and remedies will he charged against C O vTRAC TC) and a CTmnge Order will be issued marporaung the necessary revisions ice the Contract Documents with respect to the Work; and OW NFER shall be entitled to an appropriate decrease in line Contract Nee, and, if the �v in are unable to agree as to the amount thereof, OWifER may make a claim therefor as provided in Article 11. Such claims, casts lasses and damages will include but not be limited to all costs of repair or replacement of work of others destrtwed or damaagged byy correction, removal or replacement of CON IRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Core -Act Tunes far Milestones) because of arty delay in pertortnance of the Work attributable to the exercise by OWN1,R of OtkNT- Rs rights and remedies hereunder. ARTICIS 14=-PAY':NEMS TO CONTRACTOR AND COMPLETION Schedule ofYahrev, 1431 The schedule of values established as provided in paragraph 2.9 will serve as the basis fur progress payments and will be incorporated into a form of Application for Payment Acceptable to ENGINT-13R. Progress payments an account of Got Price Work will he based on the number of units completed .4AWiearion for PrugrewPayment 14.2. At least twenty days before the date established for each progress payment (but not more alien than once a mcsdh). CONTRACTOR shall submit to ENGiN IM for review an App ph ation for Pa meet filled cut and signori by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documcnts- If Payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of We, invoice or other documentation warranting that OWNER has received the materials and equipment fry and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insuranec and other arrangements to Protect OWNER's interest thero a, all of which will be satisfactory to OWNHRi The amount of retainage with respect to progress payments will be as stipulated in the Agreement Any funfis ill _qt are _withheld Ill OWNER shall not 6a st breed to substitution by the t C) 17RAC I`C)R with seauriues ar ary Wpingeiiienis involving Ali escrow or custcxlmanshtp $y e�utmg the �pgluabtm �cxpaymgnf Iona the CONTRAG f UR e�)ressl waiter his rigizt to the - berwfits if,Coltxad3) Revised Statute,Seclion.®4, I- T- et_seq, CONTR4CTOR's Warranty of Tide: 143_ CON` RA 'OR warrants and guarantees that title to all Work, materials and equipment covered by any Application for payment, whether inctxpxnmed in the Project or not, trill pass to OWNER no later than the time of payment lice and clear of tilt Liens. Review of: tpplicauons forl'rubjreu Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a I:atpC GEtiF�iAl, C.iaEti)a[77t),N,� 1 Y I4$ (I'JYrn kc6aiail w%tITY ut [Klltl" t?)t3,thfi &tOt)nm('A7m0_NS AtL"4 a.2ourcq recommendation {payment and present the Applitxttitam to OWNER, or return th a Application to CONTRACTOR indicating Ift writing 13IGLN EER's reasons for refusing to recommend payment. In the Issuer case, CO`4TRA<'TOR may make the necessary corrections and resubmit the Application Ten days after Is of the Application for Plomv� to OW2v`ER with ENGINEER's recrnnmendation the Amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due And when due will be paid by OWNER to CONTRACTOR. 145- ENGINKER's recommendation of Any payment requested in an Application for Payment will cristitube a representation by ENGINEER to OWNER, lased on IiNG1NEER's arsite observations of the executed Work As an experienced and qualified design professional And an E'NGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of 4NOINTEEWs knowledge, information and belief 14.5.1_ the Work has progressed to the point indicated, 14.5.2, the quality of the Work is generally in accordance with the Contract Documents Object W an evahtation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contact Ik cuments, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendation). and 14.5.3, the conditions precedent to CONTRA,CTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work, However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous on -site taVecum have been made to check the quality or the quantity of the Work beyond the responsibilities specifically Assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CoN'fRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.d ENGINEER's recommendation of any payment, mclud ng Goal payment, shall not mean than 1NONEER is retipm>tibhe for CONPRAt: T(Vs means mcthtA& techniques, sequences or procedures of construction or the safety precautions and prog�rams incident tharetc% or for amv failure of CONTRACTOR to comply with Laws And Regulations applicable io the famishing or performance of Work, or for any failure of CONTWXCTOR to perform or furnish Work in accordance with the Contract Documents_ 141 J-.NOil l"'q4Z may rctirse to mcramead the whole or any part of any payment if. in ENO EWs opinion, it would he incorrect to make the relresentatitats to ?Cj OWNER referred to in paragraph 14.5. LNOYINLER may also refuse to recommend any such paymera, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in L"NGIN` ER's opinion to protect OWNER from lossbmttuwe 14.7,1. the Work is defective, or completed Work has been damaged requiring correction or replaccnnent, 1471 the Contract Price has been reduced by Written Amendment or Clanae Order, 14-7-3- OWNIaR has been rccluured i0 correct defective WrA, or complete Work in accordance with paragraph 13,14, or 14.7,4. LNGINEER has actual knowledge of the occurreircc of any of the events enumerated in paragaphs LS'_t t� 15.2.4 inclusive. Ott'NBR may refuse to make payment of the full amount recommended by rN`OMNEFR because 147.5_ claims have been made against OWNT.R on account of CON 'TRAM 'OR's performance or tarnishing of' tile Work, 14.7,6. Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of Nueb Liens, 14 7 T there are other items entitling OWNER to a set- off against the amountrecoannended or 14.T8, OWNL'R has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14-TI through 1413 or poaagraphs 15,2.1 diroagh 15 2.4 inclusive. trot C)W lR most give C:ON1R1CfOR immediate written nonce (with a copy to ENGINTEER) stating the reasons for such action am] promptly pay CO\rf`RACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and COIC"I'RACTOR, when CONTRAM'OR (meets to OWNER's satisfaction the reasons fig such action. Substantial Completion: 14 $. When C .ON`1'RAcTOR considers the entire Wok ready for its intended use C'ONTRsA(710R shall notify t WNF:R and E'N<,I'v1 I1 R in writing that the entire Work is substantially cvsnpla {except for items syreeifically hued by C'ovI RACf(iR as incom 4etek and request that 1'NGNMER issue a certificate of Substantial Completion. Within a reasonable time dncrcader, OWNER, CONTRACTOR TOR. and I<K0I—.vT UR shalt make an ingieclioa of die Work to determine the status of completion. If 142�Ol',vl;lN does not consider iha> Work substantially, complete, FtiGINUR will notify CONTRACTOR in wnung giving the reasons therefor if F \GltifikR 31i EX tx OVNEKA1, iNsO 1511AKi u. 0 tl QF r0K I C f17J.1,N",.b4 �t1'tt'A ri020.4 QtE6'4,2aaa) considers the Wok subsantially complete, hNG1NEER will prepare anti deliver to OW2 TR a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shalt be attached to the certificate a tentative list of items to be completed or corrected before final ppaayment. OWNER shall have seven days after rtx ei. of rfw tentative certificate during which to make written obje ion to ENGIhcTEER as to any provisions of the certificate or attached list. If, after oonsiderhr4 such objecticam INGNEER concludes that the Work is not substantially complete, rNGYM IR will within fourteen days after submission of the tentative certificate to OWNI R notify CONTRACTOR in writing stating the reasons therefor, ff. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, GNGINFrR will within said fourteen days execute and deliver to OWtiER and CONCRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflect such ehangcss from the tentative certificate as ENGINE brheves justified afkr consideration of any of iLetions from OWNER- At the time of delivery of the ictative certificate of Substantial completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final paymeit Iretwer:n OWNER and ('ONI'RrttTCOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Linless 0A N"LR and CONTRACTOR agree otherwise in writing and so inform U.NGMEER in writing prior to fiNGINEER's issuing the definitive certificate of substantial Completion, ENGINTEMs ofox*said recommendation will be bind on OWNER and C;ONTRACi'OR until final payment 149. OWNER shall hive the right to exclude CONTRACTOR from the Wok after the date of Substantial Coupletiom but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list, Patriot Utilization: 1410. Use by OWNIdt at OWNER's option of any substantially completed part of the Work, which 6) has s.ecifieally liem identified in the Contract Document" or (it) OWNER, I;NGINEM and CONTRACTOR agree constitutes a sepamtely functioning and twable part of the Work that can be used liv OWNUR for its intended Ntpose without signfftcant interference with COXTRACTOR`s performance of the remainder of the Work, may he accomplished prior to Substantial Completionof ail The Work subject to the following 14101.Ott=-Taft at any time may request t'UNT12ACTOR in writing to permit okk-, M to use Amy such part of the Woxk which OkV cF.R believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Wok is substantially complete, CON TRACTOR. will certify to OWNER and ENGINEER final such n oPiM1rc AA' xk is substamially complete and request ENN'Gpiy -FR to issue a certificate of Subaantial Completion for that part of the Work- CONTRACTOR at any time may ratify OWNER and ENGI1vUM in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request I tCirNFrR to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENOLNEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that ppaarrtt of the Work to he substantiallycimplede, F,NGiiv`F.ER will notify OWNER. and CONTRACTOR in writing giving the reasons therefinr. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14.10.2. No occupancy or separate gxxanon of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, TiGINLER will make a foal ' dion with OWNER and CONTRACTOR and will noify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or dzfeetive. CONTRACTOR TOR shall immediately take such measures as are necessary to complete imch work or remedy such deficiencies. Final Application for Paymear. 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of ENGINBE.R and delivered in accordance with the Contract Documents all maintenance and opemtirg iristructions, schedules, guarantees. Sands, certificates or other evtdLme of insurance required by par h5,4. certificates of inspection, marked -up recrd�metts (its provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment "lowing the procedure for progress payments. The final Application for payment shall be accompanied (except as 9d pnwusly delivered,) by: (i)aU documentation called or in the C,ortract Documents. including but not limited to the evidence of insurance required by subparagraph 5.4.13_ (a)consent of the surety, i€ any, to fnid payment, and (fii) campleic and legally effective releases or waivers (satisfactouy to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Lies and as approved by OWNER, C ON:1'RACTOR may furnishreceipts or releases in full sad td3idavit orcox-IrRACTOR that: (i) the releases and receipts include all labor, wtvices, material and equipment fo which a Lien could be filed, and (ii)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWM,.R or OW\TJ1'S property might in any way it- responsible have been paid or otherwise satisfied_ If art Suhcantractar or Supplier fails to furnish such a release or receipt fin fuA, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against anyLien. ten. Releases or waivers of liens mid the consent of the s n t stalixc vm arc to be inean tonns ccrilbrmirlg to the format of the OWNFR'S g ndard forms bowxl n the irrujec 'nmr uaf Final Payment andkccePtaece: 14.11 If, on the basis of F,NGiNEER's observation of the "lark during construction and fowl inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and C'ONTRACTOR's other obligations under the Contract Documents have been fulfilled, UNGINEER will, within tat days after receipt of the final Application for Payment, indicate in writing ENC 1NEfdCt s recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 1415. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons far refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmittheApplication. Thirty days after presentation to OWNER of the Application snd accompanyutg documentation, in appropriate form and subsuixe turd with ENGINHEWr recommendation and notice of acceptability, the amount recommended be ENGINEER will become due and will he paid by OWNER to CONTRACTOR w€patl bl_1Caph 1'_.tof_.5475 Sitct�. �t1t){>i?SZtpi 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGUEER so co nfnntts, OWNER shall, upon receipt of CONTRACTOR'. final Application for Payment and recommendation of MNGINEER, and without terminating the Agreement, make payment of flit balance due for that portion of the Work fully completed and accepted. If die reniaaini balance to be held tv, OWNER for Work not fully completed or corrected fs less than the retairrige stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surcry to the payment of the balance clue for that portion of the Work fully completed and accepted shalt be submitted by CONiTRAC:TOR to FNGNMER with the Application for such payment. Such payment shall be made antler doc terms and conditions governing finial payment, except that it shall not constitute a waiver of claims. tl,aiver of Claims, 14.15. The making and awcptarce of ftmd payment will constitute 14,15 1.a waiver of all daims by OWNER against CONTRACTOR, except claims arising loom umettled Liens, from ct fecrrve Work appearing after 0(l)C'cg,AKA]. CONDMON319.10,91199ettftids ? 31 W k M OF FART COUINS MODIFICATIONS (RF_4 A,210j) Coal inspection pursuant to paragraph 14.11, from failure to comply with the Contract Tkxuments or the terns of any special guarantees specified therein, or from CONTRACTOR's continuing obtigatiom under the Contract Documents; and 14.15.2 A waiver of all claims by t'.C7NI MkCTOR allainst O)NNER other than those previously made in writing and still unsettled. ARTICLE IS.-SUSPEINStON OF WORK AND TF:ItMMATION OWNER qv &Vend 'Wurk: 15.1. At any, time and without cause, OWNER may suspend the Work or airy portion thereof for a period of riot mire than moiety days by notice in writing to CONTRACTOR and L"NG1NFER which will tux the date on which Work will be tLsurned, CONTRACTOR shtil. resume the Work on the date so fixed. CoN'TRACTTOR shall be allowed an adjustment in the Contract Pnee or an exterusion of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Artbcles 1 I and Q 0W JY Aky Teraunote: 15 21 Upon the occurrence of any erne or more of the following events: 152.1. if t;ONTRrACTOR parsltenuy fail,, w perform the Work in accordance with the Contract Documents (including, but riot limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6.6); 15 2.2. if CONTRACTOR disregards taws or Regulations of any public body leaving jurisdiction; 15.2.3. if CONTRAC.I'OR disregards the authority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in any subsurntial ivay any provisions of the 0ontract Documents: OWNER. may, alter giving COMRACTOR lamb the surety. if any) seven days written notice and to the intent permitted by laws and Regulations, terminate the services orCONI'RACTOR. exclude CONTRACTOR from t'he site and take p s atom of fir: Work and of all CONTRACTOR's ttvK appliomm construction equipment and machinery, at the site and use the same to the full extent they could be used by CO TRACTOR (without liability to CONTRACTOR for tre,"s% or conversion), incorporate in the Work all materials and equipment stored at the site or for which OW'dl:li has paid I:A 6t O ti)rttal4 COMATIO 51910 s f t941� Ldtipi} .;,� w%Q rY OF roar CLa1.IN3 M(xnIrIRAT'RT','4 (Rib Ali@00) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may den n expedient in such case CONTRACTOR "If not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, Costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR if such cknims o sts loses arxi damages exceed such unpaid balance, CONTRACTOR shall pay the diflerence to OWNER. Such claims, coats, losses and damages incurred by C>G1 NF.R will he reviewed by ENGINEFR as to their reasonableness and when so approved HNGfNHEA incorporated in a Change Order, provided ; t when exercising am, rights or remedies under this paragraph OWNER shall not be required in obtain the lowestt price for the Work performed. . 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect an rights or remedies of OWNM against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by oWNFR will not release CONTRACTOR from liability. 15A Upon seven days' written notice to MNIRAC1''OR and WMANIMR. OWNER may, without cause and without prejudice to any other right or emedy of t7Wly) R eiau to terminate the Agreement. In suarse, C(?N): C}R shall be laid (without duplication of any items): 15A 1, for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasou+ble sans for overhead and profit or such Work; 15.42 for expenses sustained prior to the effective date of termination in performing services and finishing labor, materials or equipment as required by the Contract Docurnetas in correction with uncompleted Work, plus fair aryl reasonable sums for overhead and profit on such expenses, IS.4.3 for all claims, costs, lasses and damages incurred in settlement of terminated contracts web Subcontractors, Supphers and others; and 15.4.4, for reasonable expenses directly attributable to termination. (".CSNTRAC,` (-)R shall not be paid on acxmnt of lrnw of anticipated profits or revenue or other economic loss arising out of or resulting from sucb termination CONTWICTOR 31ay Slap Rork or Terminate: 15.5. If; through no act or fault of CONTRACT OF, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or (Aber public authority, or liv4lNL-:M tails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pap CON rRACi'OR any cum finally deteruined to be due, 'then CONTRACTOR may, upon seven days' written notice to OWNER and INGfNEER, and provided O1VNER or ENGINEER do not remedy such saspermon or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in p ragmph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, ifENGINEER has failed to act on an Application for Payment within thirty days after it is subamitwil, or OWNER has failed for thirty days to ppaay CONTRACTOR any sum finally determined to he 910, CONTRACTOR may upon seven days' written notice to fiWV *'R and hNGINVER sto the Work urtiil paymentof all such amounts due CONTRACTOR, including imerest, thereon The provisions of this pa ph 15.5 are not imended to preclude CONTRACTOR from making claim tinder Articles I I and 12 far an increase in Contract Prig or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted tug this paragraph *i2fi1C1X 16-01SPt TE RF,E01.17TON; if and to the extent that OWNER and COMTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise tinder this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the me" and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs9,10, 911 and 9.12, OV NER and CONTRACTOR may exercise such rights or rcmedics as either may otherwise have under the Contract Doamients or by Laws or Regulations in respect orany dispute. ARTICLE 17—MISCtELLA.NFOUS (Airing Midee: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given ifdelivered in. person to the individual or to a member of the firm, or to an officer of the cuipmation far whmn it is intended, or if delivered at or sent by registered or crtified mail, postage, prepaid, to the, I" business addressknown to the giver of the notice. 171, Cumparation etjl'iome: 172.t, When any pedoxi of time is referred it) in the Contract 17acuuients by days, it will be computed to exclude the first and include the last day of such period. If the last clay of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted ttom the computation. 17.22 A calendar day oftwenty-four hours measured from midnight to the next midnight will cotntitute u clay. Notice of Claim-, 173_ Should OW-NMER or C ONTR,ACTOR suffer injury ar damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other pan)' within a reasonable time of the firs obscryartee of such injury or damage, The provisions of this paragraph 17.3 shad not he construed as a substitute for or a waiver of the provisions of any atplllicaNe statute of limitations or i epose.Cu mulatrve Remedies: 17.4. The duties and obligations imposed by these General Ccintiticns and the rights and remedies available hereunder to the parties bereto, and. in particular but without limitation, the warranties, guarantees and ohligatlorts imposed upon CONTRACTOR by pmmgmphs 6.12, 6.16, 6.3fl, 6.31, 6.32,131,. 13-12, 1 i.14, 14.3 and 15.2 and all of the riffs and remedies available to OWNER and FNG1NEER thereunder, are in addition to, and are not to he construed in any way as a limitation ot; any rights and remedies aviulabli to any or all of than which are otherwise nuposed or available by Laws or Rcgulatio s by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as it repeated spteitically in the Contract Documents in connection with c 1ch particular duty, obligation, right and remedy to which they apply. l3rtfenional Rees and Coati Crnty Included: 17.5 Whenever reference is made to "claims, casts, losses and dama s", it shall include in each case, but rxu be limited to, all fees and charges of engineers, archtiteets, attorneys and other professionals and all court or arbitration or other dispute resolution costs. _Tbe_l v5 of ft'51ate of Volotudo apPly w ft, r cement., _Meretp:e tot twit pertinent { rporaeln statutes are as foplms � � 17 6 2. i.0 a eta, s_,iilod, CtV tilt; is Lc'514+3t 1. by law {t.RS .48 Wn 107j it, withhold from all payme s to CONTR CTOR sufficient funds to insure the paytrtent tit'„all damns _fey !shahs; tnatcnsws , sustenan rcn sl.- psavrnder or a tl�tcr supplies used or consumed IICt`7tv_'1DRr\(:'BIR nr his I:JCpC'GE?*,B.U, ('t,�11�ll1llouS ON-$ 0")EklitiwJ 33 W (31"y 6F FOR I IX,11,1 I R NIODIFICA'F1ON5 (alit' 4,2( i} 34 w,'CITY OF (This page Jett blank irgandonaljy.) 1910,K 19" wtm) 35 w,'(1 rY OF FORT(YAXITNS MODIRCALOONS W-N-4,240)1 OWNER: CITY OF FORT COLLINS By: ` DAME B O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RI�'MAr *Date: j" Attest: ,1 City Clerk Address for giving notices P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form -- .. OL Assist t City Attorney 9/12/01 Section 00520 Page 6 CONTRACTOR: Cutler Paving, Inc. By: UCulL� �d��o�ecEs R. Vesres�w�k Title: r�QgSipfnl)' a' Date: .3- 09-O L (CORPORATE SEAL) 4P �. `. a • ;t st• ss for giving notices: 9A/ E. a7'w Zr L-4wAe,vcE ks G60q& LICENSE NO.: 36 63 O4GEhFftAS C'OhDST14 d53eiP8 t090 FAWkV} w Cl1YOFFCi2l'CYII,WN3 MCMlp'IS'.AS[f)?�Ci Qifit�4P,6t'Y6) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construaion Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All clairm disputes and other matters in question between OWNER and C014"TRAC,TOR arising out of or relaying to the Contract Documents orthe breach thereof {except For claims which have been waived by the or making acceptance of final payment as pmvited by paragraph 14.15) will be decided by arbitration m accordance with the Construction Industry Arbitration Rules of the American Arbitrnpon Asaocs iation then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will bespecifically cnf(rceable utnda the prevmfi g law of any court having)urisdiction. 162, Na demand for arbitration of anv claim, dispute or other matter that is required to be reftirred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) tine date. on which UNUI iEfit has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by FNGTNEER before that date. No demand for arbitration of anv such slain, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days period will result in ENGINEER'% decision being final and binding upon OWNER and CONTRACTOR If ENWNEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to fix, parties concurred. No demand for arbitration of any written decision of 2gGENT ER rendered in amxdanoc with paragraph 9,10 will be made Later fhan ten days after the party making such demand has delivered written notice of intention to appeal as provider( in paragraph 9.1 C). 161 NoCce of the demand rem arbitratiLmt will be filed in writing with the other party to the Agrt sment and with the American Arbitration Assac$atien, and a copy will be sent to LNG iN10,R for information The demoml for arbitration will be made within the thirty -day or tcmrday Mod specified in paragraph 16.2 as applicable, and in at] other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in rxr event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would he barred ern the applicable statute of limitations. EAXW OENIERAL COVIX1IONS 191aa (199a E Um) wt CSTY OF FORrCOLLINS MODIFtCA1 IONS MEN 9t99) 1(,,.4 Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shell include by conschdation, joinder or in any other manner any ether person or entity (including GTNN°EM ENG1hfi.Ws Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless; 16 4.1, the inclusion of such other person or entity is necessary if complete relief is to be afforded amoIg those who an already parties to the arbitration, and 1Ci.42 such other person or entity is substantially involved in a question of law or fact which is common to those who are already patties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER and CC7NTRAC'TOR has been obtained for !rash inclusion, which consent shall make specific reference to this paragm&, but no such consent shall constitute consent to arbitration of any dispute riot specifioil ly described in such consent or to arbitration with any party not specifically identified in such consent. 16,5. Notwithstanding paragraph 16A, if a claim, dispute or other money in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, actor, either (,)tVNFlR or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNFX and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER anal CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, not or cause of action in favor of Subcommoter and against OttNW ENGINEER or ENUJINEEWs Consultants that does riot otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may he entered upon it in any court having jurisdiction thereat; anal it will not be subject to modification or appeal_ 167. OWNER and CONTRACTOR agree that they shall first submit any and all u nacttled claims, counterclaims. disputes =I other matters in question between therm arising out of or relating to the C orttract Documents or the breach thereof ("disputes"1, to mediation by than American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to Para graphs 161 through 16.6, unless delay in initiating arbitration would irrevocably prejudice oneof the parties Die reactive thaiv and ten clay time limits within which to file a demand fcir arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted ui mediation within those same applicable time limits acid shall remain suspended unfit ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall nc>t nano c as arhurattx c,f sw.kt dispute unless odmnv ism agreed. (W-Al MCDOGUNtRAL CONDYnONS 1910-9 (1990Falim) WCfTY OF FORT COLLINS MODIFICATIONS (RFV 9794) C(-,*-Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 00800-2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment NFA SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 Application for Payment 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 vdri Contract NUMBER DATE AMOUNT The present status of the acoounl for this Contracts as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contra[ Anni $0.00 Total Completed and Stored to Dale Less Previous Applications' Amount Due this Application - Before Floorage. 00 Less Retainage Net Charge by Change Order $0.00 AMOUNT DUE THIS APPLICATION. $0.00 CERTIFICATION: The undersigned CONTRACTOR cerAfies that all oblgalions of CONTRACTOR incurred in connection with to Work have been satisfied as required in Paragraph 14 3. of to Generel Conditions of tie Contract, The above Amount Due This Appicall is requested by the CONTRACTOR Dale: By'. Payment of to above Amount Due This Application is recommended by the ENGINEER. Date. By: Payment of to above Amount Die This Application has been reviewed by to OWNER'S Prqe[ Manager. Dat9, By: Payment of to above Amount Due This Application is approved by the OWNER ate: B Page 2 of 13 CONTRACTU TS Bid Item Number Description Quantity Unls Unit Price Amount APPLICATION Work Completed This Month Qty Amount FOR PAYMeNT Work Completed Work Completed Stored Prehous Periods To Date Materials This Qty Amount QIV Amount Period PAGIE4 Total Earned Percent To Date Billed $0.00 $0.00 $000 $0 To $000 $0.00 $0,00 $0.00 $000 $0.00 $000 $000 $000 $000 $0.00 $ono $000 $000 $000 $000 $0.00 $0.00 $o.00 $01.0 $000 $000 $0.00 $000 $000 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $000 $0Uo $000 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $0.00 $000 $000 $000 $000 $0.00 $000 $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0.00 Vol) $000 $000 $000 $000 $000 $000 $o00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0-00 $0.00 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $0.00 $000 $000 $000 $0.00 $0,00 $o.00 $00o $0.00 $000 $000 $000 $ono $000 $0.00 $0.00 $000 $000 $000 $0.00 Koo $0oo $0.00 $0.00 $0.00 $0.00 $000 $0.o0 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $0.00 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $000 $000 $0.00 Page 3 of 13 Work Completed Work Completed Work Compleled Stored Bid This Month Prowus Penods To Date Materials Total Item This Earned Percent Number Description Quantity Udls Unit Price Amount Qty Amwnl Dry Amount Qty Amount Period To Date Billed $000 $000 $000 $000 $0.00 $0.00 $000 $000 $0.00 $0.00 $000 $000 woo $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 C0 $000 $0.00 $0.00 $0.00 $0.0) $000 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $000 $000 $000 $0.00 $000 $000 $000 $000 W 00 $0.00 $0 DD $000 $000 $0.00 $0.00 $000 $000 $000 s0.00 $0.00 $0 CO $000 $0.00 $0.00 $0.00 $000 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $000 $0.00 $0.00 $000 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $000 $000 $000 $0.00 $aw $0.00 $0.00 $000 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0m $0.00 $0.00 $0.00 $D.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $000 $000 $000 $000 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.w $000 $0.00 $0.00 $0.00 $0 ro $0.00 $0.00 $0.00 $000 $030 woo $000 $000 $000 $Oro $000 $000 $0.00 $0.00 $000 $000 $000 $0.00 TOTALS CHANGE O RIDERS $0.00 $000 $000 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $000 $000 $0.00 Page 4 of 13 SECTION 00530 NOTICE TO PROCEED Description of Work: HOT -IN -PLACE RECYCLING PROJECT; BID NO. 5778 2006 Renewal To: Cutler Paving Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 . CONTRACTOR By: Title: 7/96 Section 00530 Page 1 S?0Rr15=EFZiAL=UM7= On Hand Received Item Invoice Previous This Number Number Description Application Period PAGE 4 OF 4 Installed On Hand This This Period Application $0 00 $0.00 $0.00 $0 00 $0.00 $0 00 $0 00 $0.00 $0.00 $6.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $0 00 $0 00 $0.00 $0 00 $0.00 $0.00 $0 00 $0 00 $o oa $0.00 $0.00 $0.00 $0 00 TOTALS $0.00 $000 $0.00 $0.00 Page 5 of 13 HOT -IN -PLACE RECYCLING PROJECT GENERAL REQUIREMENTS INDEX Mrolyclio 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout PAGE NUMBERS General Reqs 1-3 General Reqs 4-5 General Reqs 6-7 General Reqs 8-9 General Reqs 10 General Reqs 11-12 General Reqs 12-13 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This work shall be performed in Fort Collins on Harmony Road, from east of Snow Mesa Drive to Strauss Cabin Road. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins. Rick Richter 970-221-6798 Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. Page 1 of 13 UTILITIES Water: City of Fort Collins, Colorado 970-221-6681, Meter Shop 970-221-6759 Fort Collins - Loveland Water District 970-226-3104 City of Loveland Water and Power, Colorado Scott Ballinger/Kathleen Porter 9970-962-3561 Storm Sewer: City of Fort Collins, Colorado 970-221-6589 City of Loveland Stormwater Utility, Kevin Gingery 970-962-3571 Sanitary Sewer: City of Fort Collins, Colorado 970-221-6681 City of Loveland Water and Power, Colorado Scott Ballinger 970-962-3561 Electrical: City of Fort Collins, Colorado 970-482-5922,970-221-8553 City of Loveland Water and Power, Colorado Kathleen Porter 970-962-3561 Gas: Public Service Company of Colorado 970-482-5922,970-221-8553 Telephone: U.S. West Communications 970-484-0300, 970-226-63 10 Traffic Operations: City of Ft. Collins, Colorado 970-221-6608 City of Loveland, Colorado Bill Range, 970-962-2528 Cable Television: AT&T 970-493-7400 *Utility Locates Under One -call System 1-800-922-1987 Page 2 of 13 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 970-221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 970-221-6550 Emergency: 911 Postmaster: US Postal Service - Judith Robertson: 970-225-4111 Loveland Fire: Non -Emergency: 970-962-2741 Emergency: 911 Loveland Police: Non -Emergency: 970-667-2151 Emergency: 911 END OF SECTION Page 3 of 13 Latimer County Sheriffs Department: Non -Emergency: 970-221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 970-484-1227 Emergency: 911 Transportation: Transfort:970-221-6620 Traffic Engineering: 970-221-6608 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative, 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. Page 4 of 13 Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION Page 5 of 13 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. Page 6 of 13 1.5 OWNER'S RESPONSIBMTY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION Page 7 of 13 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various sections of these Specifications. B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. Page 8 of 13