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HomeMy WebLinkAbout102511 LAFARGE NORTHERN - CONTRACT - BID - 5839 ASPHALT OVERLAY PROJECT 2004 (2)SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ASPHALT OVERLAY PROJECT BID NO. 5839 2006 RENEWAL City of Fort Collins MARCH 2O06 SECTION 00530 NOTICE TO PROCEED Description of Work: Bid 5839 Asphalt Overlay Project, 2006 Renewal To: Lafarge North America, Inc. dba Lafarge West, 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: Lafarge North America, Inc. dba Lafarge West, Inc. By: Title: 7/96 Section 00530 Page 1 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. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall 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 stand by 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. General Requirements - Page 11 of 17 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. 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 weekly. END OF SECTION General Requirements - Page 12 of 17 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 General Requirements - Page 13 of 17 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 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1.5 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 current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 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 General Requirements - Page 15 of 17 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. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 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 re -negotiation. 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 fumished 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 therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction", 1999, 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 104 Traffic and Parking Control 105 Cooperation Between Contractors 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 202 Grinding and Surface Preparation 203 Excavation and Borrow 210 Adjust Manholes, Valve Boxes, and Meter Boxes 306 Reconditioning/Asphalt Recycling 307 Stabilized Subgrade — Class 'C' Fly Ash 401 Plant Mix Pavements 403 Hot Bituminous Pavement 403 Patching 403 Geotextile Paving Fabrics 614 Traffic Control Devices REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The ANO PARKING@ signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 614, Traffic Control Devices" found herein Project Specifications — Page I of 36 NO PARKING Wed Julil % 7:00 AM - 6:00 PM PATCHING Project Specifications — Page 2 of 36 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate REVISION OF SECTION 105 COOPERATION BETWEEN CONTRACTORS Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.07 shall include the following: Concrete construction and/or reconstruction operations at intersections may involve the destruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the contractor at no additional cost. New loop detectors may be installed at other intersections where they do not now exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors. Also, the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the installation of the loop detectors will be completed before concrete placement operations begin. Project Specifications — Page 3 of 36 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 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 4 of 36 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 5 of 36 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 orother 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 6 of 36 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 7 of 36 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: ]AN FEB MAR APR MAY I JUN I JUL AUG SEP OCT NOV DEC All Work is to be complete in one hundred (100) working days. Subsection 108.06 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual sireet quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. Subsection 108.07 shall include the following: Failure to meet the agreed upon milestones or fully complete the project in one hundred (100) working days, shall result in damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. Project Specifications — Page 8 of 36 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: Subsection 201.03 shall be amended to include the following: When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to any root removals. The Engineer and the City Forester's representative shall then make a determination regarding removal. Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonal to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots. Project Specifications — Page 9 of 36 REVISION OF SECTION 202 GRINDING AND SURFACE PREPARATION Section 202 of the Standard Specifications is hereby revised as follows Subsection 202.05 shall include the following: The intent of this specification is to specify materials and methods for the grinding of existing pavement sections to remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of the surface of the base material disturbed by the grinding process. All workmanship and materials shall be in accordance with this specification. All concrete marked for repair within areas marked for grinding shall be repaired prior to commencement of the grinding. The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from gouges, grooves, ridges, sooting, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be ground to the depth specified. Allowable tolerance for the pavement removal shall be within one-half inch (1/2") of the specified depth. In areas where the grinding process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber tired roller to re -compact the surface. This item will not be measured and paid for separately but shall be included in the price for Removal of Structures and Obstructions (Grinding/Surface Preparation). If, in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require additional grinding and/or excavation, the Engineer will direct the Contractor to perform the work in accordance with this specification, Section 203 - Excavation. The method of work and payment are covered in the appropriate specification. Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1500 Hoffman Mill Road. A grinding machine shall be used by the Contractor to perform the grinding operation. The equipment shall be self- propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within one- half inch (1/2") of the specified depth. The grinding depth along the curb and gutter shall always be one inch (I") greater than the specified depth. This item will not be measured and paid for separately but shall be included in the unit price for grinding to the specified depth. The grinding machine shall be equipped with an integral loading and reclaiming means to immediately remove the materials being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal air pollution laws. A Bobcat style planer attachment shall be used by the Contractor to perform the grinding operation with an approximate width of (2) two feet. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The Contractor shall also provide adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily. Project Specifications— Page 10 of 36 REVISION OF SECTION 202 GRINDING AND SURFACE PREPARATION It is the intent of this specification that the ground section will be paved back as follows: On streets where the grinding depth is such that the aggregate base course is to be replaced, the aggregate base course shall be placed the same day as the grinding and the bituminous paving (1st lift) within 48 hours of the grinding. The Engineer reserves the right to require that the ground section be paved back immediately in the case of grinding done on Friday, in the event that severe weather is imminent, or in the case that the ground section presents an extreme safety hazard to the traveling public or inconvenience to the residents. In the event that the ground section is not paved back the same day as the grinding, the Contractor shall provide access to the residents as directed by the Engineer. In the event that the ground section is not paved back the same day as the grinding, the Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. The Engineer may require that the pavement grinding operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. In the event that the entire pavement width along a section of roadway has not been ground to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (I") in height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Transverse faces that are present at the end of the working period shall be tapered at a 3:1 ratio (three (3) inches horizontally for each one (1) inch of vertical drop.) The grinding machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damage to these structures. (See Revision of Section 210 - Adjust Manholes, Valve Boxes, and Meter Boxes for requirements for referencing structures during construction.) The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Allowable taper shall not be greater than one quarter inch vertical rise per one foot distance from the structure. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work. 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 direction of the Engineer. Subsection 202.07 shall be revised to include the following The accepted quantities of Grinding and Surface Preparation will be paid for at the contract unit price per square yard including haul. The removal of material in areas not accessible to the grinding machine will be paid for at the contract unit price for Grinding. Taper Planing shall consist of cold milling along the gutter at a depth of one inch (1 ") tapered to a depth on the other side of the mill of zero inches (0"). The width for Taper Planing shall be six (6) feet. Taper Planing shall be paid at the contract unit price per lineal foot. Project Specifications — Page I I of 36 REVISION OF SECTION 202 GRINDING AND SURFACE PREPARATION Payment will be made under: Pav Item 202.10 Grinding (Planing)/Surface Preparation Depth = 3 inches or less 202.20 Grinding (Planing)/Surface Preparation Depth = 3+ to 5 inches 202.30 Grinding (Planing)/Surface Preparation Depth = 5+ to 7 inches 202.40 Grinding (Planing)/Surface Preparation Depth = 7+ to 9 inches 202.50 Taper Planing Along Gutter 202.60 Bobcat Style Milling < 3" 202.70 Bobcat Style Milling — Additional Inch Thickness Pay Unit Square Yard Square Yard Square Yard Square Yard Lineal Foot Square Yard Square Yard - Inch The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the Grinding and Surface Preparation, including haul, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications— Page 12 of 36 SECTION 00610 PERFORMANCE BOND Bond No. 6404266 KNOW ALL MEN BY THESE PRESENTS. that ( Fi i r m) Lafarge North America Inc. DBA Lafarge West, Inc. (Adds rns:; ) 1800 N. Taft Hill Road, Ft. Collins, CO 80521 (au Individual) , (a f°artnorship) , (a C:orporrn(. u1r1) , hereinaft:*r referred to as thca "Prin..ipal" dnd Safety Insurance Company of America ( V i rrn) Safeco Plaza, Seattle, WA 98185 (Address) hereainnfLcr referred Lo as "the Surety", ar(. hold and firmly bound unto City, of Fort Collins, -300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corr�.77eration) hereinafter referred to as the "OWNER", in the penal sum of. Tyro Milli Fight Hundred Severity Pour Thmsand Eight Hundred Fifty Three & 69/100 Dollars a . ($22,.8_74.853.69) R lawful mwacy of Lite United States, for the praym�nt of which sum well and truly to be made, we bind ourselves, ;;ucc:e;:.orc and a.^signs, jointly and severally, firmly by those presents. TIir CONDITT.ON, OA' T1113 OBLIGATION are such that whereas the: Principal entered into a certain Agrnomcnt with the OWNER, dai-od the 27th day Of. March , 2006, d copy of which is herato _ attached and made a part hereof for the pe.rforrnnnce of The City of Vort Collins projoct, Bid 5839 Asphalt overlay Project, 2006 Renr>wa.l. NOW, THEREFORE, if Lhe Principal shall. well., truly and faithfully perform its duties, all the undortakings, covenants, terms, conditions and agreements of said Agreement during the ori.9i.nal. term Lhereof, and any extensions thereof which may he grantee( by the OWNER, with or without- Notice to the Surety and during the lifo of the guaranty period, and it the Principal shall satisfy all claim8 and demands incurred under. s13ch Agr,,e.meril, and shall fully indemnify and sav(? harmlc 9 t.hc OWNER from all cost emcl damages which iL may suffer by rea);un of lailure to do so, and shall reirnburse and repay tho OWNER all outlay anrf (-xpGna;n which the OWNER may incur in uoki.ng good any default then this obligait.ion shall be void; otherwise to remain in full force and effect. 7/96 section 00G10 Page 1. REVISION OF SECTION 203 EXCAVATION AND BORROW Section 203 of the Standard Specifications is hereby revised as follows: Subsection 203.01 is revised to include the following: This work shall consist of removing and disposing of the existing pavement, base or other material, preparing the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as hereafter described. The Contractor shall dispose of all excavated material. Subsection 203.05 is revised to include the following: (a) General Excavation shall consist of the excavation of all materials of whatever character required for the work not being removed under some other item. (b) Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. Subsection 203.07 is revised to include the following: Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate Base Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in the Standard Specifications.) The material required for a specific location shall be directed by the Engineer Subsection 203.09 is revised to include the following: The Contractor shall be responsible for the protection of the subgrade(base course until subsequent courses have been placed. The excavation will be accomplished in the following manner: General Excavation: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the limits and depths designated. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. Muck Excavation: Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow). Project Specifications — Page 13 of 36 REVISION OF SECTION 203 EXCAVATION AND BORROW Borrow: After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load (approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Price for Borrow. Subsection 203.17 shall include the following: The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. Material used for the Haul and Place Recycled Asphalt item will be provided, loaded, and weighed by the City at the Hoffman Mill pit. Payment will be per ton of material delivered and placed on the site. The unit price for Shouldering does not include material. Subsection 203.18 shall include the following: Payment will be made under: PAY ITEM UNIT 203.10 Excavation — General Less Than 100 CY Cubic Yard 203.11 Excavation —General Over 100 CY Cubic Yard 203.20 Excavation — Muck Cubic Yard 203.30 Borrow — Less Than 100 Ton Ton 203.31 Borrow — Over 100 Ton Ton 203.32 Haul & Place Recycled Asphalt Ton 203.33 Shouldering L.F. 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 Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 14 of 36 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, AND 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 %z ) 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 S on 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 SX), 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: 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 Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM Project Specifications — Page l5 of 36 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, AND METER BOXES 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 (1 "). 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 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. 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. Project Specifications — Page 16 of 36 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, AND METER BOXES 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 S on 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: Pa Iv tem Pay Unit 210.00 Reset Mail Box Each 210.01 Adjust Valve Box 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 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 17 of 36 REVISION OF SECTION 306 RECONDITIONING/ASPHALT RECYCLING Section 306 of the Standard Specifications is hereby revised as follows: Subsection 306.02 is revised to include the following: Reconditioning shall consist of scarifying and recompacting the top 8"of the entire subgrade. Sufficient water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement, or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed. The surface shall be satisfactorily maintained until base course or pavement has been placed. Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and blended to the satisfaction of the Engineer and meet the following requirements: Minimum Passing 1 %:" 97-100 % Minimum Passing No. 1 Sieve 60-65 % The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable of making consecutive passes until the gradation requirement is met. The mixer shall be capable of pulverizing and mixing to a minimum depth of 12". The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place Asphalt Recycling. Subsection 306.04 is revised to include the following: The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit price per square yard. Payment will be made under: PAY ITEM UNIT 306.10 Subgrade Preparation S.Y. 306.20 Asphalt Recycling (5-10") S.Y. The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Reconditioning and Asphalt Recycling, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 18 of 36 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH Section 307 of the Standard Specification is hereby revised as follows: DESCRIPTION This item shall consist of treating the subgrade, existing subbase or existing base, by pulverizing, adding Class C fly ash, and mixing and compacting the mixed material to the required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS (1) Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash. (2) Water - The water used in the stabilized mixture shall be potable. CONSTRUCTION REQUIREMENTS EQUIPMENT (1) The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools, and equipment used shall be maintained in a satisfactory and workmanlike manner. (2) Fly ash is furnished in trucks. Each truck shall have the weight of fly ash recorded on certified scales. CONSTRUCTION METHODS (1) General It is the purpose of this specification to secure a completed course of treated material which contains a uniform fly ash/soil mixture with no loose or segregated areas; has a uniform density and moisture content; is well bound for its full depth; and has a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to provide full depth as shown on the plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements. (2) Preparation of Subgrade Before other construction operations are begun, the subgrade shall be graded and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. (3) Application The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans or as directed by the Engineer. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. Project Specifications — Page 19 of 36 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH During final mixing, the materials shall be sprinkled, as directed by the Engineer, until the proper moisture content has been secured. However, initial mixing after the addition of fly ash will be accomplished dry, or with a minimum of water, to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than 2%, nor be less than optimum by more than 2%. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. (4) Mixing The soil and fly ash shall be thoroughly mixed by approved road mixers or other approved equipment. The mixing shall continue until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and fly ash is obtained, free from all clods or lumps. Water required to achieve the specified moisture content for the mixture should be added after initial mixing. There shall be a 6" overlap between passes to assure a consistent mix. (5) Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be completed within 2 hours following addition of water to the fly ash. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to the specified density. All non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required, and reshaping and re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below. DESCRIPTION DENSITY For fly ash treated subgrade, existing subbase or Not less than 95% maximum dry density existing base that will receive subsequent subbase (ASTM D 698) or base courses. For fly ash treated base that will receive surface Not less than 97% maximum dry density course.(AST M D 698 In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation the shape of the course shall be maintained by blading, and the surface, upon completion, shall be'smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Blading should be terminated within 2 hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density or finish before the next course is placed, or the work is accepted, it shall be reprocessed, re -compacted, and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. Project Specifications — Page 20 of 36 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH (6) Finishing, Curing, and Preparation for Surfacing After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. (a) The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned", or "tight bladed" by a power grader to a depth of approximately 1/4", removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present on the surface of the mixture, one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing, and shall proceed in such a manner as to produce, in not more than 2 hours, a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and line shown on the plans. (b) After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying in a thorough and continuously moist condition by sprinkling for a period of not less than 3 days, or until the surface or subsequent courses are placed. MEASUREMENT Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines as shown on the typical sections. PAYMENT Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: PAY ITEM UNIT 307.10 Class C Fly Ash Delivered and Spread 12" Depth, 10% by Weight Ton 307.20 Stabilize Subgrade — Tilled & Watered S.Y. "Fly Ash Treated Subgrade" will be paid for at the unit price bid per square yard. The unit price bid shall be full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading, drying, application of fly ash, and maintaining; for all curing, including all curing water and/or other curing materials; for all manipulations required; for all hauling and freight involved; for all tools, equipment, labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 21 of 36 REVISION OF SECTION 401 PLANT MIX PAVEMENTS Section 401 of the Standard Specifications is hereby revised as follows: The following two paragraphs shall be deleted from Subsection 401.02 (a)(4) "A sufficient quantity of each aggregate, mineral filler, reclaimed material, and additive for the required Laboratory tests." "The Department will process one asphalt design mix for each pavement grading at no charge to the Contractor. The Contractor will be assessed a charge of $3,000 for testing and evaluating each additional design mix submitted by the Contractor." Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The report shall state the Superpave properties, optimum oil content,job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. Subsection 401.07 shall include the following: Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3, the dates coincide with Table 401-3A, and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rollers shall be equipped with rubber skirts. Project Specifications — Page 22 of 36 PROVIDED, FURTHER, that the said Surety, for Value received, hereby stipulaLes 3I-1d ,cgroee-: l:hAl: no r:hange, extension of i:iuic-,, alteration oc addition to the LUrms of the Agroonumt or to t.ho Work to be performed Lhorounder or the Specifications accompanying the same shall in any way affect its obligation on this, hond; and it does hereby waive notice of any such change, extension of Lime, alLeraLion or. addition to the terms of the Agreement or to the Work or to the SpeciEicat.ions, PROVIDED, FURTHER, that no final settlement between the OWNER and t.hs CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may he unsatist:ied, P1tOVJ.l.tl':I.), t'UK'1'HP;Ii, Ulat. thf Surel•.y Company must be authorized to transact. bu,siliesS in the SCaLc of Colorado and bo ace--t!p ahlc to Cho, OWNER. 1N WITNESS WHEREOF, this instrumcznt is exazt .ut.ed in three (3) counterparts, cash one of which shall bra doomed an original, this 4th day o C April 2006 . IN PRESENCE OF: ^ 0 P-a- .."`a "" ''��-- (Corporate Seal) If1 1?121?SI:NCa or: Princip 1 arge orth America Inc. DBA Lafarge West, Inc. ADtan (Title) 1800 N. Taft Hill Road, Ft_Collins, CO 80521 _Add (ress) Other Partners By: IN PRESENCE OF: Surety Safec Insura CCorgpanyofAmerica - M,, Melissa D. Evans, Attorney -in -Fact _ ( I I ('11A L'� BY: Safeco Plaza. Seattle. WA 98185 (800�332w3Z26, , , _., , . -... (Address) NOTE-: Ii,,tte-of Bond must not be prior to date of Agreement. xf CONTRACTOR is Partnership, all partners should execute Bond, a . acaaaa�- 7/96 Section 00610 Page 2 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: This work shall consist of placing the specified depth of Hot Bituminous Pavement, Grading SX - Parking Lot Overlay, Grading SX, Grading SG, or Grading S, over existing pavement or subgrade surfaces previously prepared by the Contractor or City of Fort Collins Crews, according to the current Larimer County Urban Area Street Standards and Colorado Department of Transportation Design Criteria. Subsection 403.02 is revised to include the following: Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent laboratory acceptable to the Engineer. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The design mix for Grading S, SX, and SG shall conform to the current Latimer County Urban Area Street Standards and the following: Property Test Method Grading S Grading SG Grading SX Minimum Dry Split Tensile Strength, kPa CPL 5109 (psi) Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-28 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top PG 64-28 PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with (a) (a) (a) Asphalt (VFA) % Al MS-2 (a) Current CDOT Design Criteria (b) Residential 75, Collector 100, Arterial 100 The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Project Specifications — Page 23 of 36 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225E F. Emulsified Asphalt for tack coat shall be Grade CSS-1 h. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. Hot Bituminous Pavement Grading SX and S, shall be placed in equal lifts two (2) inches. The minimum lift thickness shall be one and one half (1 %2") inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches. The minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shall be placed between all lifts. Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement. Asphalt depths are specified per location in Section 02500, Quantity Estimate. Any deviation from the specified depths shall be approved by the Engineer prior to asphalt placement. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SX - Parking Lot, SX — Basketball Court, SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Bituminous Pavement. Haul, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. Load slips shall be consecutively numbered for each day and shall include batch time. Project Specifications — Page 24 of 36 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Subsection 403.05 shall include the following: Payment will be made under: Pay Item Pay Unit 403.10 HBP Grading SX - Parking Lot Ton 403.15 HBP Grading SX — Basketball Court Ton 403.20 HBP Grading SX Ton 403.30 HBP Grading S Ton 403.40 HBP Grading SG Ton 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 Hot Bituminous Pavement, including compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 25 of 36 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT - PATCHING Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Bituminous Pavement in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sections shown on the plans or established. Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 - Hot Bituminous Pavement found herein. Subsection 403.03 is revised to include the following: Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlaid shall be sawcut. If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with Borrow, the excavation will be measured and paid for under Revision of Section 203 - Excavation and the material paid for under the appropriate item found herein. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the Engineer. After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. Emulsified Asphalt for tack coat shall be grade CSS-1 It. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. Grading SG shall be used in all locations except in locations where patching takes place and no overlay is scheduled. Project Specifications— Page 26 of 36 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT - PATCHING Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (12) 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 for residential streets, and Grading S for arterials and collectors. Hot Bituminous Pavement used for "topping" material will be measured and paid for at the Contract Unit Price for Patching. In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair (three (3) days), the Contractor shall remove no more than six (6) inches of pavement. The pavement areas shall be temporarily patched with a minimum of two (2) inches of asphalt. These locations shall be paid under the Contract Unit Price for Patching. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225' F. Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3) working days of said concrete work. Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula: Deduct 0.054 Tons Per Square Yard Inch Subsection 403.04 is revised to include the following: Patching and Arterial Patching will be measured and paid by the ton. The Arterial Patching item will be used when existing asphalt is equal to or greater than 10". Pavement cutting, excavation, subgrade preparation, haul, disposal, and bituminous materials will not be measured or paid for separately, but shall be included in the contract price for Patching or Arterial Patching. Load slips shall be consecutively numbered for each day and shall include the batch time. Subsection 403.05 is revised to include the following: The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton. Payment will be made under: Pay Item Pay Unit 403.50 Patching Ton 403.55 Arterial Patching (>_10") Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in Patching, including pavement cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 27 of 36 REVISION OF SECTION 403 GEOTEXTILE PAVING FABRIC DESCRIPTION This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the Engineer. MATERIALS Geotextile Paving Fabric shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: Grab Strength, either 90 lbs. direction, minimum (ASTM D-4632) Elongation, either direction, 50 percent minimum (ASTM D-4632) Burst Strength, minimum 185 PSI (ASTM D-3786) Weight, minimum 3.6 oz./sq. yd. Asphalt Retention, minimum 0.2 gal./sq. yd. (TF25 #8) Melting Point, minimum 300' Fahrenheit (ASTM D-276) The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement AC-20 Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. CONSTRUCTION REQUIREMENTS Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with "Revision of Section 463, Crack Sealing" of these Specifications. if the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal./sq. yd). Application must.be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be 300' F. Project Specifications — Page 28 of 36 REVISION OF SECTION 403 GEOTEXTILE PAVING FABRIC Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (1") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction ofthe paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Bituminous Pavement SC Type I or 2. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Bituminous Pavement (SC Type 1 or 2) used for this purpose will be measured and paid for at their respective contract unit prices per ton. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. METHOD OF MEASUREMENT Geotextile Paving Fabric will be measured by the square yard including surface preparation and AC-20 tack coat. BASIS OF PAYMENT The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard complete -in -place, including surface preparation and AC-20 tack coat. Payment will be made under: Pay Item Pay Unit 40160 Geotextile Paving Fabric Square Yard The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Geotextile Paving Fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications - Page 29 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 614.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following Project Specifications — Page 30 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type 1I, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for.preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 614.21 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the City Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. Project Specifications — Page 31 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor ortheir approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with `on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in Project Specifications — Page 32 of 36 SECTION 0061') PAYMENT BOND [fond No. 6404266 K14OW ALL MEN BY THESE PRESENTS, t'hitt I Fi rml Lafarge North America Inc. DBA Lafarge West, Inc. 1800 N. Taft Hill Road, Ft. Collins, CO 80521 (Address) (,-in individual), (a Partnership), (a Corpol,:,i_._on), hereinafter referred to as the "Principal" and Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 (Address) hereinafter rofnri-nd to au "the Surety", air: bald and firmly bound unto the City of V'orL Collins, _300 I,aporte Ave., ):'ort Collins, Colorado 80522 as (Municipal Corporation) hereinafter referrcwl to as "the OWNER", in the penal sum of Two Million Eight Hundred 5ewrtr Four Thwwn� d Eight Hundred FM Three & 69/100 V9Hq% k§ZJ&0,_62L in lawful money o t the Unitr7d States, for the payment of which sum well and truly to be made, we hind ourselves, successors and assigns, jointly and severally, firmly by Llrese prea,enLs. TIM CONDITIONS OF UfS nBT.IC:ATION are such t hat whorcas the Principal entered ir,Lo a certain Agreement with the OWNER, dat-zd the 27th day of march r 2006, .t copy of which is hereto attached and made a part hereof for the performance of The City of Post Collins E1r.:rject, Bid 5839 Asphalt Overlay Project, 2006 Renewal. NOW, TFIFRPFORF, if the Principal shall makt: payment to all persons, firms, subcontracCors, and corporations furnishing materials for or performing labor in the pro::ecution of. the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materia1s, LuhricanLs, repairs on machinery, equipment and tools, consumed, z'enr.ed or used in r_onnecti.on with the construction of such Work, acid all inLAurance premiiun:� ort said Work, and for aLL labor, performed in such Work whnLhet by suhconrreicr.or or otherwise, thcii this obligation shall be void,, othe:rwi.so to remain in full force and effeeL. '//96 section 00611; Page 1 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the WTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 614.23 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved'by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The quantity to be measured for Traffic Control Supervisor wil I be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Project Specifications — Page 33 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours priorto the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. Subsection 614.24 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below Pay Item Unit 614.01 "NO PARKING" Sign with Stand Per Day Per Each 614.02 Vertical Panel Without Light Per Day Per Each 614.03 Drum Without Light Per Day Per Each 614.04 Type (,Barricade Without Light Per Day Per Each 614.05 Type It Barricade Without Light Per Day Per Each 614.06 Type 111 Barricade Without Light Per Day Per Each 614.07 Size A Sign With Stand Per Day Per Each 614.08 Size B Sign With Stand Per Day Per Each 614.09 Size A Specialty Sign - Cost of Manufacturing Each 614.10 Size B Specialty Sign -Cost of Manufacturing Each Project Specifications — Page 34 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) 614.11 Cone With Reflective Strip Per Day Per Each 614.12 Safety Fence Per Day Per Roll 614.13 Light - Steady Burn Per Day Per Each 614.14 Light- Flashing Per Day Per Each 614.15 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 614.16 Traffic Control Supervisor Per Day 614.17 Traffic Control Supervisor Per Hour 614.18 Flagging Per Each Per Hour The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications — Page 35 of 36 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications — Page 36 of 36 The Gates at Woodridge v� � p Pur le Gt. 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L Oakmont Ct. �o��Ct, poi �' Pres Trail o� BentTree °o Alc t St G Ct. o faraday Cir. ry E. Horsetooth Rd. Q E N Ralntree _ N r ,' � - Rolland Moore Dr. X, ton ti l�r even m W. Drake Rd. Glen r. � 6 m �. Q 15 s 6 z r. L o WFFP a� z U onwheel D� m Rocky Mountain 75 t� Q J �a E U ,, 4 ROCKY MOUNTAIN 5R HIGH N o O N South College Heights 4 Dr. v Ct S. o N �' e p h g Park Dr. f ltills . n Cheyenne Dr. -bur --D ia rt mo ✓, Rutcler5 Ave. �a rrai � U tmo Q' a Duke Ln. 50�• �� U 0 o Colt mbia Rd. �j Yale fi Cornell Ave. �j Yale % Cambr/ Tulane Dr. drown Ave. � der L _ Q� dDEA ELEMENTARY 4-1 ° eeh Pton ! d IPri eton Baylor St. l� Rd . cn 4-3 4-1 E. Drake Rd. � L de�bird Dr. o heather Then 5t L o CT.1 ill Al\e o Q South Lemay Ave LE. Trilb Kd. (L Gr. �p 0\w v ` (1� Crown Ridge Ln. 0�Can lewood Dr. 3 Battsfoq Benson Ln. o m O o Qc �o U peerhur5� �,"6�h Stant n Cr U Ci 3 ,ford 0, Ct. Ur. 5omerl Ln. Aruba E QHeather Bisca S J Sam Gj c I. boar �� 4 Nassau o ��v�nce Z 00 R o }� b Co ��\ Q 'ct rya Or h L U 32 Carpenter Rd. o Rub Dr. U y \P w �r PROVIDED, rUR'LTHI;R, that Lhe said Surety, for value received, hereby stipulates and agrees that no change, extension of tLnie, alteration or addition to the lcrins of the Agreement or to the Work ro be performed thereunder or. the. Shocifi.c:ations 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 tirtin, nll.or.ition or addition to the terms of r.ho Agreement or to the Work or to the Specifications. I'Rc)Vrl1Kn, ruivrHER, that no final sctt].em-;arit between the OWNER and the CONTRACPUR shall abridge the right of any kloneficiary hereunder, whose claim may be rrn:,al.isf.ied, PROVIDED, FURTHER, that the Surety Company must be authorized to transact bra:. i nFes: in the State of Colorado and be acceptable to the OWNER. 1N WITNt;SS WHEREOF, this instrumnrrt is esm,:uted in three (3) Counterparts, each one of which shill be deemed an originaL, this 4th day of __April 2006. IN 'F:1C51•:Nr:b: OF•: des-S----- (Cor.Norate Seal) Iil l lth)E;F NC}: OF: Principal rge No America Inc. DBA Lafarge West, Inc. f3y:_ CT t. l e ) 1800 N. Taft Hill Road, Ft. Collins, CO 80521 Other Partners IN PRESENCE OF- Suret-y�n�epanyofAmerica By I / Melissa D. Evans, Attorney -in -Fact By: S _ afeco Plaza, Seattle, WA_98185 800 332-3226 (Su I. o-Ly "NgTE: "DAI A""�2F i3ond must not be prior to date of Agreement. If COb1-44ACTOR is Partnership, all partners should execute Bond. 00 /;ah Section 00615 Page 2 • k POWER Safeco insurance Companies a OF ATTORNEY PO BoxWA 9 Seattle, WA 6124-1526 No. 6957 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********KEVIN B. ALEXANDER, LAURA E. COON; MELISSA D. EVANS; MARY T. FLANIGAN; MICHAEL C. FROST; DAVID M. LOCKTON; RONALD J. LOCKTON; KATHY M. LOFTUS; CLAUDIA MANDATO; CHRISTY M. MCCART; PATRICK T. MOUGHAN; JAMES C. PATEIDL; PATRICK T. PRIBYL; DEBRA J. SCARBOROUGH; CAROLYN VAN HAAREN• CLIFFORD B. YOUNG; Kansas City, M3ssOnn****kkkkkkkkkkkitttkkkkrtikrtrtkkkitkkkkkkkrt;kkk krtk its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 29tb day of April • 2005 it 0-/W �zC'h-"' STEPHANIE DALEY-WATSON, SECRETARY CERTIFICATE MIKE PETERS, PRESIDENT, SURETY Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof-attomey appointment, executed pursuant thereto, and (ill) Certifying that said powerof-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-09741DS 410 6 erhiaAi9Aee this APR 0 4 2006 day of 'd%h �c, ,Ll /UQf a�� STEPHANIE DALEY-WATSON, SECRETARY SafecD and the Safeco logo are registered trademarks of Safem Corporation. WEB PDF SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 DATE IMMIDD/Yl') PRODUCER ACORD.a CERTIFICATE OF LIABILITY IS CERTIFICATE ISISSUED AS 1/2007 ROFINFORMATION /2006 ' Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 1 (816)960-9000 INSURERS AFFORDING COVERAGE INSURED LAFARGE WEST, INC. INSURERA: A ERICANHOMFASSUPANCECO. 1060502 NORTHERN PAVING INSURER B : NATIONAL UNION FIRE INS CO 1800 N. TAFT HILL ROAD INSURER INS CO. STATE OF PA FORT COLLINS CO 80521 INSURER D ILLINOIS NATIONAL INS. CO. COVERAGES LAFN001 FK 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. fNSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE NI DlYY POLICY EXPIRATION DATE 1MM/DD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE 2,000,000 FIRE DAMAGE (Any one fire $ 500,000 A X COMMERCIAL GENERAL LIABILITY -:X:I CLAIMS MADE OCCUR GL3919992 04/01/2006 04/01/2007 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 2,000.000 GENERAL AGGREGATE $ See Below GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I Y JPPCOT LOC A AUTOMOBILE LIABILITY ANY AUTO CA3802975(AOS) 04/01/2006 04/01/2007 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX A A ALL OWNED AUTOS SCHEDULED AUTOS CA3802976(MA) CA3802979 (TX) BODILY INJURY (Per accident) $ XXXXXXX A B HIRED AUTOS NON -OWNED AUTOS CA3803458 (VA) CA3802977 (OR) PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA AC AUTO ONLY. AGG XXXXXXX ANY AUTO NOT APPLICABLE XXXXXXX EXCESS LIABILITY OCCUR CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX XXXXXXX UMBRELLA S XXXXXXX DEDUCTIBLE I FORM XXXXXXX RETENTION $ C WORKERS COMPENSATION AND WC4784594(AOS) 04/01/2006 04/01/2007 X WC STATU- OTH- B EMPLOYERS' LIABILITY WC4785228 (OR) E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE - EA EMPLOYEE 2,000,000 C WC4785861 (WI)/WC4785277 (NJ) E.L. DISEASE - POLICY LIMIT 1 $ 2,000,000 D OTHER WC4785225(FL D WORKERS COMPENSATION WC4785862 ((LMII), D WC478522b NO, OH, WA, WV, N 1Y) .DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ***THE AGGREGATE LIMIT IS: NIL. THE GENERAL LIABILITY POLICY IS SUBJECT TO A PRODUCTS -COMPLETED OPERATIONS AGGREGATE ONLY. NO GENERAL AGGREGATE APPLIES AS THE POLICY WILL RESPOND TO EACH AND EVERY OCCURRENCE WITH A LIMIT OF LIABILITY SHOWN, ASPHALT OVERLAY PROJECT BID NO. 5839 2006 RENEWAL. RE: CITY OF FORT COLLINS IS ADDITIONAL INSURED (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER ADDITIONAL INSUREDr INSURER LETTER: ANCELLATION 2544541 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS PO BOX 580 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN FORT COLLINS CO 80522-0580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTAUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORMED REPRESENTATIVE ACORD25S(7197) For questions mgarding this cartilk:a4a, combed the number listed in the 'Producer swc,tion abo" and spedry the tflent code 'LAFN001'. a ACORD CbkPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Bid 5839 Asphalt Overlay Project, 2006 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Lafarge North America, Inc. dba Lafarae West, Inc. CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is 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. M 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 00330 BIDSCHEDULE City of Fort Collins 2006 Asphalt Overlay Project - Renewal of Bid No. 5839 Item No. Description Unit Parks Parkin g Lots Cathy Fromme TraB Connection Engineering Total EstMated Quantity Lafarge Unit Cost Lafarge Total Coat 202. 10 Grinding (planing) Surface Preparation <3" S.Y. 0 0 0 0 I 7.40 1 S - 202.20 Grinding(planing) Surface Preparation 3"to 5" S.Y. 0 0 0 0 $ 7,61 I - 202.30 Grinding(planingl Surface Preparation 5" to 7" S.Y. 0 0 0 0 $ 8.99 $ 20240 Grinding (planing) Surface Preparation 7" to 9" S.Y. 0 0 0 0 S 9.96 S - 202.50 Taper Planing Adjacent to Gutter L.F. 0 0 0 0 S 4,94 $ - 202.60 Bobcat Style Milling 1 3" S.Y. 0 0 0 0 $ 26,21 S - 202.70 Bobcat Style Milling - Additional Inch Thickness S Y.-inch 0 0 0 0 $ 14.66 S - 203.10 Excavation- General Less Than 100 CY C.Y. 0 60 0 60 $ 26,95 S 1,617.00 203.11 Excavation- General Over I00 C.Y. C.Y. 0 0 1,200 1,200 $ 2004. S 24,049,00 203,20 Excavation - Muck CY. 0 0 0 0 $ 28,33 S - 203.30 Borrow - Less Than 100 Ton Ton 0 0 0 0 S 18.92 $ - 203.31 Borrow - Over 100 Ton Ton 0 0 0 0 $ 12.38 i - 203.32 Hui & Place Recycled Asphalt Ton 0 0 0 0 $ 8.59 $ - 203.33 Shouldering L.F. 0 600 31.700 32,300 I 0,54 $ 17,442.00 209,01 Silt Fence L.F. 0 0 0 0 I 0.94 $ - 210.00 Reset Mailbox Each 0 I 0 1 $ 250.00 S 250.00 210.01 Adjust Valve Box Each 0 0 170 170 S 155.93 $ 26,508,10 21002 Adjust Valve Box with Ring Each 0 0 0 0 $ 34.65 $ - 210.03 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw T e Ad'usteble Riser Each 0 0 0 0 S 69.29 S - 21004 Adjust and Replace Top Section of Valve Box Each 0 0 0 0 I 23 129 $ - 210.05 Tyler 6950 Series, Item 58, 14" Valve Box Extension (Pan On Each 0 0 0 0 I 43,89 $ 210,06 - Tyler 6960 Series, I6" Valve Box Top Section Without Lid Part Only) Each 0 0 -0 0 $ 49.67 $ 210.07 Tyler 6860 Seres, 26" Valve Box Top Section Without Lid Pan Only) Each 0 0 0 0 $ 57.76 I 210,09 Total Valve Box Replacement Each 0 0 5 5 I 303,87 I 1,519.35 210.09 Adjust Standard Manhole< 24" Each 0 0 135 135 S 400.00 $ 54.000.00 210,10 Adjust Special Manhole> 24" Each 0 0 5 5 S 509.53 S 2,547.65 210.11 Adjust Manhole with Ring Each 0 0 0 0 $ 114.75 S - 306.10 Sublimate Prep S.Y. 0 365 61.600 61,965 $ 1.43 $ 88,609.95 306,20 Asphalt Recycling 5-10" S.Y. 0 0 61,600 61,600 $ 158 g 97,328.00 307.10 Class C Fly Ash Delivered and Spread 12" Depth ® 100% Ton 0 0 240 240 $ 48,52 S 11,644.80 307,20 Stabilize Subgrade- Tilled&Watered S.Y. 0 0 3,790 3,780 $ 1.92 S 7.257,60 403.10 HBP- Grading SX Parking Lot Overlay Ton 116 0 0 116 S 53.41 I 6,195,56 403.15 HBP- Grading SX Basketball Court Ton 0 0 0 0 $ 53.60 I - 403.20 HBP-Grading SX Ton 812 40 10,150 11,002 S 42.27 S 465,054,54 403.30 HBP-Grading S, 64-28 Binder Ton 0 0 11,600 11,600 $ 47.04 S 545 li,l 00 403.35 HBP - Grading S. 64-22 Binder Ton 0 0 12,100 12,100 $ 40.29 $ 487,509.00 403A0 HBP-Grading SG Ton 0 60 12,450 12,510 I 37. 18 i 465,121.80 403.50 Patching Ton 115 0 2,560 2,675 S 83 35 S 222 961.25 403.55 10" Arterial Patching Ton 0 0 400 400 I 85.72 S 34.288.00 403,60 Geotextile Paving Fabric S.Y. 7899 0 93,550 101.449 I 106 S 107.535,94 403.61 Asphalt Curb LF 0 0 800 Sot $ 11.14 $ 8,912.00 61C01 "No Parking'Sign With Stand Per Day Per Each 300 0 3,500 3,800 $ 1.52 $ 5,776.00 614.02 Vertical Panel Without Light Per Day Per Each 0 0 2,000 2,000 $ 0,60 $ 1,200.00 614.03 Drum Without Light Per Day Per Each 0 0 1.000 1,000 S 0,84 S 840,00 614.04 Type 1 Barricade Without Light Per Day Per Each 0 0 200 200 S 0.60 $ 12000 614.05 Type II Barricade Without Light Per Day Per Each 0 0 50 50 $ 0.60 $ 3000 614.06 Type III Barricade Without Light Per Day Per Each 10 0 1.000 1010 $ 2.67 $ 2,696,70 614.07 Sim A Sign With Stand Per Day Per Each 75 0 3,000 3.075 $ 1.22 S 3751.50 N, n"l2 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Lafarge North America, Inc. dba Lafarge West, 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, Bid 5839 Asphalt Overlay Project, 2006 Renewal. 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: City of Fort Collins By: Title: ATTEST: Title: 7196 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Lafarge North America, Inc. dba Lafarge West, Inc. (CONTRACTOR) PROJECT: Bid 5839 Asphalt Overlay Project, 2006 Renewal 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 OWNER or its officers, employees, agents or assigns arising out of the 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. S. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR: Lafarge North America, Inc. dba Lafarge West, 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: 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: Lafarge North America, Inc. dba Lafarge West, Inc PROJECT: Bid 5839 Asphalt Overlay Project, 2006 Renewal CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12196)COLORC DENVER CO DEPARTMENT OF REVENUE CONTRACTOR APPLICATION V DENVER CO 60261 (303) 232-2416 FOR EXEMPTION CERTIFICATE Pufsuantto Statute Section39-26.114(1)(a)QM DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply tothe purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works 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. (Seereverseside). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. R8- ratlnryAcwut No. (to be assig od byDOPJ I Pwod 0170-750 (999) $0.00 your 98 - Scheduled no,•n Vay rear I Eslim a led Mmlh Day Year --� croslruWon slarl dale: mmPlelion dale: I dedare under penally of perjury in the second degree that the statements made in Mis apptication are true and complete to the hest of my knowledge. Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copes of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection i n the event of an audit. Once an 89f# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GINLRAL CONDITIONS have been developed by using the STANDARD OLNT-RAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Docuatents Comm ittec, MCDC No. 1910-8 (1990 Edition), as a base., Change-- to that document are shown by underlining tc?4 that has beat added and striking through text that has been deleted. FJCDC CTEW,,RAI. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF i,,mT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Numher & Title TABI-171 OF CONTENTS OF CIMMAT, CONDMONS Page Article or paragraph Number Number & Title DE11NITIONTS - . ... ....... .. . ..... ...... .. . ... ..... . I I Addenda I? Agioemen( ... ... J 1.3 Application few payment...__.. I 1.4 Asbestos 1 L5 Bid 1 1.6 Bidding i5ocunients 1 7 Bidding Requirements_ ,..._..._.......1 L8 Bonds 1-9 Change Order ... ........ Ll() Contract Documents-, 1.11 Contract Price 1-12 Contract Times-,......_..__.........._..._ 1-13 CONTRACTOR 1,14 Ckfective. J IA5 Drawings .. ..... ....... .. 1 L16 Effective Date of the Agreement., _1 1.17 ENGINEER 1 1,18 UNGINFEWS Consultant,..........._..__ _1 1.19 Field Ordcr....................................... . 1 L20 General Requiromems____ 2 1.141 Hazardous Waste 1.22-a Laws and Regulatiorts; Laws or .2 Reoarioris............... .................. 1.21b Legal Holidays .... ......... ....... 1,23 Liens 1.24 . .. ......... Milestone,......_._ .................. ........ . 1.25 Notice of Award 2 1.26 Notice to Proceed .............. 117 OWNER 2 128 Partial Utilization 1.29 PCBs ........... -2 2 130 Petroleum ............ .... 1,31 project....- ..,.:.._ ---- ..... 111 1.- -.2 1.32,0 Radioactive 1viawrial, .... --- .... --- ...... 2 1 32.b RVilar Working Hours.._...... 131 ........ Resident Project Representative �2 1.34 Samples:_.__ ...... .. 135 Shop Drawings 1.36 Specifications,_. .... .__ ............ 2 137 Subcontractor 1.39 Substantial Completion , L39 Supplementary Conditions....... ..... 1.40 Supplier.. ___ _ ........... ....... 1.41 Undergmmnd Facihitie,6 1,42 Unit Price Work.................._...........,.,,3 1 43 Work ....... ... V" Work Change 6ir-cco %- e., 3 1,45 Written Amendment Page Number PULIMPNARY MATTERS 3 I Delivery of Bonds 3 .2 CoPi03 Of DCOQUITICrIt-S ... ............ CmomencementorContract Tirne-$; Notice to Proceed_ 2A Starting the Work,. 15-217 Before Starting Construction. CON TRAC (.)R's Responsihitty to Rq;ott, Preliminary Scbalcs; Delivery of Certificates of Insurance_ . ........ - -- - - 34 2.8 Prtconstruction Conference..,.,,,,,, _4 2,9 Initially Acceptable Schedules. 114 CONTRACT DOCI)MENITS: INITENT AMENDING, REUSE 4 3.1-12 Intent 3.3 Reference to Standards and SpWi- fications of Technical Societies; Reporting and Resolving Dis- crepancies ... ........ _ ............. ..... 4-5 3.4 Intent of Certain Terms or Adjectiv . . .....................................5 3.5 Amending Contract Docurt ents, 5 3,6 Supplementing Contract Documents _5 3.7 Reuse of Documents 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONIATIONS; REFERENCE POINTS 4A Availability of 1-6 4.2 Subsurface and Physical Conditions.,__,...._.__ . . ........ .. 6 4.2,1 Reports and Drawings ..... ....... _ .... . . () 422 2 Limited Reliance by a)NTRA(- TOR AraboTizcd; Technical Data- ,r2 3 Notice 46,16 Differing SubsurraeL or Physical Condittow5_ _ ....... _f) 4,2A 13NOTNEERs Review 15, 4.2 S Powble C(Tirael Doc-uments Change... ... .. .... -6 4.2.6 Possible Price and Times Adjustments, 1 111. . __ - 6-7 43 Physical Conditions -Underground 431 Shown or Indicated 7 43-1 Not Shown or Indicated 7 4.4 Reference Points_ 7 I-,JC,EX.! UFNERAL COMA110NN 1910-8 (19M) 1611107,41 wiciTy or FoRi,comAm MOMFICATTONS (RLV 9,97) Article or:Paragraph I%jg:c Article or Paragraph Page Number &Iitic Number Number &'I itle Number 45 Asbestos, PCEls, Petroleum, Hazardous Waste (it Radioactive Material fX-)N])S AND INStNANCE, 5. 1-5.2 Performance. Payment and other Bonds,,,,, 5.3 Licensed Sureties and lnsurers; Certificates of Insurance SA CONTRACTOWs Liability Insurance, ........ " -1-1.11 - ... - .......... 5,5 OWNERs Liability Insurance_ 56 ,, Property Insurance,,,., . ............ ... _ _-9-10, 5.7 Boiler and Machinery or Addi- tional Property lmtirance, . ...... ji) 5.8 Notice of Cancellation Promsion to 5.9 CONTRACTOR!s Responsibility for Deductible Amounts 10 5.10 Other Special Insurance, 5.11 Waiver of Rights. 5,12-5.13 Receipt and Application of Insurance proceeds ..................... 10-11 5,14 Acceptance of Bonds and Insw- anoe; Option to Replace... _................ 11 5,15 Partial Utilization -property Insurance -I I 6, 6.1-6. '1 Supervision and Superintendence.. ..... 11 6.345 Labor, Materials and Equipment 11.12 6.6 Progress Schedule, . , _ , __ ., _ _ _ , j 2 6.7 Substitutes and'Or-Equal" Items; CUNTRACTORs T-Npense� Substitute Construction Methods or Procedures-, ENGINEEWsEviduation--, 12-13 "-6.11 Concerning Subcontractors, Suppliers and Others. Waiver of Rights............_.. _, , 13-14 6.12 Patent Fees and Royalties G.1 .1 Permits- - - - ... ... .14 6.14 Laws and Regulations 14 6,15 Taxes 6.16 Use of Pr ein ises 15 6.17 Site (,'Ieanljnes.s I's 6,18 Safe Structural Loading..................... 15 6.19 Record Documents 15 620 Safetyand Protectiol) 15-16 6.21 Safety Representative,__. 6,22 Hazard Comiriumcation Program.5, 16 6.23 T� ,niergenctes .. 16 6.24 Shop Drawings and Samples .............. I 6 615 Submittal Proceedures', CON- TRACTOIes Review Prior it) Shop Drinving or Sample Submittal 0,26 Shop Drawing & Sample Submit. tals Review by ENOM-,'HR ...... 16-17 627 Responsibility for Variations From Contract Docum ents 17 6 "A Related Work Performed prior to ENGINHLR's Review and Approval of Required Submittals 17 6-29 Continuing tbe­�;,�� .. .... .... ...7 ' 1 6.30 CONTRACTORs General Warranty and Guarantee_ - .... ..... 17 631-633 Indemnificadon.......,_ 17-18 6-34 Survival of Obligations ...................18 7, OTURR WORK _J8 7.1-7-3 Related Work at Site 18 7A Coordination is 8 OWNER'S RESPONSIBUTIES.........................18 8A Communications to CON- TRACTOR 18 &2 Replacement of ENGMER,__ ...... 18 83 Furnish Data andPay Promptly When Due- .......................... 8.4 Lands and Easements; Reports and Tests .18-19 &5 Insurance, . ... .. ................. .... ...... 19 &6 Change Ord:rs, .... _ .... ....... . ... ..... 19 8.7 Inspections, Tests and Approvals ........... . ....... _ 19 8.8 Stop or Suspend Work, Terminate CONTPACTORs Services_ ,,, . .... ...... __ .... ... __ ... 19 8.9 Limilatiorri (at OWNERS Responsibilittess ........... __ . ..... 19 810 Asbestos, PC 3*, Pftolcum, Hazardous Waste oi- Radioactive Material 8.11 Evidence of I'mancial Arrangements...,.._. _ _ ......... 1.9 CONSTRIK-flON 19 91 OWNER's Representative 19 92 Visits to Site93 project Representative .. .......... . 19-21 94 Clarifications and Interpre- tations 9,5 Authorized Variations in Wi rk ... 21 LCLK'k+�NEHAL (' 0,101TIONS 1910 .8 (1990 ED1 MINI) WOTV OF FORT COLLMI WDIRCATIONS WNW99) 00330 BID SCHEDULE City of Fort Collins 2006 Asphalt Overlay Project - Renewal of Bid No. 5839 Item No. Description Unit Parks Parking Lots Cathy Fromme H Connection Engineering Total Estimated Quantity Lafarge Unit Cost Lafarge Total Cost 614.08 Size B Sign With Stand Per Day Per Each 0 0 1.500 1,500 $ 1,52 $ 2,280,00 614.09 Size A Specialty Sign - Cost of Manufacturing Each 0 0 25 25 $ 53.51 $ 1,337.75 614.10 Size B Specialty Sign -Cost of Manufacturing Each 0 0 50 50 S 6568 $ 3,294.00 614.11 Cone With Reflective Strip Per Day Per Each 300 0 10,000 10,300 S 0.60 $ 6, 180.00 614.12 Safety Fence Per Day Per Roll 0 0 100 too $ 3.65 $ 365.00 614.13 Light -Steady Burn Per Day Per Each 0 0 300 300 $ 0,24 S 72.00 614.14 Light - Flashing Per Day Per Each 0 0 50 50 $ 0.24 S 12.00 614.15 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 0 0 25 - 25 S 54.74 $ 1368.50 614,16 Traffic Control Supervisor Per Day IS 0 175 190 $ 29798 $ 56,616.20 614. 17 Traffic Control Supervisor Per Hour 10 20 350 380 $ 29.80 $ 11324.00 614,18 Flagging Per Hour 25 0 4,000 4,025 $ 20.62 S 82,995.50 614. 19 Variable Message Board Per Day Per Each 0 0 125 125 $ 148.72 $ 18,590.00 TOTAL COST $ 2,874,8-".69 Two Million, Eight Hundred Seventy Four Thousand, Eight Hundred Fifty Three Dollars and Sixty Nine Cents. Signed ( Address Company Phone/Fax Check One: Individual Doing Business in Company Name Corporation Pe memhtp � f- milli-.�� (� 8o✓d� R 1111119 Article or paragraph Page Article or Paragraph page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work,,,,,,,,,,,,,, , al 13.8.13 9 Uncovering Work at ENG[- 9-7-9.°1 Shop Drawings, Change Orders NEEsR'sRequest ....... ............. F728 and payments....................................21 13,10 OWNER M' ay Stop the Work _.......25 910 Determinatims for limit Priccg.., 21-22 13.11 Correction or Removal of 9_I1 9.12 Decisiorus on Disputes, E;NGI- Di lsefive Work ..................<,,..... 25 NEERasInitial Interpreter,,, .... <^ 13.12 Corrective Period... .......... 9.13 Limitations on ENGINEERS 13.13 Acceptance ofDefect1w Work - Authority and ltasparnaiirilitie�.... u2-23 13.14 OWNF,R' May Correct Defective Work. 11ANGCsSIA: 1I113 WORK _ ._......._._. .__�3 Il7.l CJiINER'sOrdered Change, ,,,,,,,,,,,,,_23 14_ PAYINGiNTS'1'0CONTRACTOR AND 10.2 Claim :for Adjustment ....................._23 COMPLETION_. ............................... ............... 29 10.3 Work Not Required by Contract 14.1 Schedule of Values, .... __...... -....... 29 Documents_ ................ . ........ ... 23 14.2 Application for Progress 10A Change Orders_ _ ............... .._..._...... .23 Payment... ..... . ................._......,.29 105 Notification of Surety_ ...„ .,,__23 14.3 MNTRACfOR's Warranty of Title.......................................... 29 (:WANGEOFCONTRACT I'RICE ... ............ ............23 14.4-14.7 Review of Applications for 11,1-11,:1 Contract Price; Claim for Progress Payments ... ... ...... ...29-30 Adjustment; Value of 14.8-14.9 Substantial Complahion.... ....... 30 the Work.._ ..... ....... ........... .. ... 3-24 14.10 Partial Utilization- ......... .... ...30-31 11 A Cost of the Work ..........................24.25 14.11 Final Inspection ......... ....... 31 11.5 Esclosions to Cost of the Work .......... 25 14.12 .............. Final Application for Payment. -...... 31 11.6 CONTRACTOR`s Fee, .......................25 14,13-14.14 Final Payment and Acceptance 11.7 Cost Records ............. ................... ..3-26 14,15 Waiver of Claims..,........, ....... .... ...31 31-32 it's Cash Allowances_26 11.9 Unit Price Work... ....... .. ............26 15, SUSPENSION OF WORK AND TERMINATION ...............................................32 CHANGE OF CON7RACT TIMES ............................26 15.1 OWNER May Suspend Work,, 121 Claim for Adjtstntent_...._._ _1.._.._26 15:2-15,4 OWNEER?viay Terminate_... .......32 32 12,2 Time of the Essence:.,, ........ _...... ......26 15.5 _. CONTRACTOR May Stop 12.3 Nlays Beyond CONTRACTOR's Work or Terminate...............32-33 Control.... _............ _............. _..26-27 12.A Delays Beyond OWNER%and 16. DISPUTE RESOLUTTCN.................................. 33 ' CONTRACTOWs Control................27 17. WSCELIANEOUS......_................._.__...._,.....33 TESTS AND WSPECTIONS; CORRECTION.. 17.1 Giving Notice .............................. 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times r....... 33 D=E 1JC.'TI11i WORK .. _....... __......_ _.._., _-7 17.3 .......... Notice nl Claim 33 13.1 Notice of Defect .............................27 17,A ....._ ... Cumulative Remcdies....... ............ .. ..33 13.2 Access to the Work .....................27 17.5 professional Fees and Court 133 'rests and Inspections; Costs Included 33 CONTRACTORs Cooperation,, .. _27 17.6 Applicable State Laws.... 33-34 13.4 OWNER'sResponsibilities; Intentionally .. .... tell blank._, _....._......__.35 Independent Testing Laboratory...,_ 27 13.5 CONT ACTORS EKHMIT OC-A: (Optional) Responsibilities_ . _ 27 Dispute Resolution Agreement_ _ _ _ GC -Al 1.3,6-13.7 Covering Work Prior to tnspec- 16.1-16.6 Arbitration tion,'festing or Approval, ........ _.. 27 16.7 Mediation._ ................ _,.._....0 -AI I;X I V [rEN'FR.AL COMA I ION' 1910 •a (39%) RATION) w/ CITY OF FORT (MLIM MODIFICA71 ONS (RBP 9,") INDFX To GJ7 'NERAL COMMONS City of Fort Collins modifications to the General Conditions of the Constrwhon Contract are not shown in this index Article or Paragraph Number Acceptance or -- Bonds and Insurance ................... ...... ........ 5. 14 .fective Work-, ........... ... ..... J04 1. 135.13.13 final payment ... . ........ 912, 14.15 insurance... .... .. .... ....... .5.14 other Work, by COKMACTOR Suhstauiea and "Or -Equal" Items 671 Work by (ANT NER .... ........ 7.5, 6.30, 6,34 Access to the. - Lands, OWNER andCONTRACTOR respomibilities ..... ...... ­ ......... site, related Work-, ............. ...... ­­ ....... .. ..... 3.2 Work...........................................13.2, 13,14, 14.9 Acts or Omissions--, Acts and Omissions— CONTRA(71OR . ... .... 69. 1, 9.13.3 ENGIMER ... ... 6,20, 9,133 OWNER 8,9 Addenda --definition of (also see definition of Specifications),,,.,, (1.6,110, 6.19), Ll Additional Property lwumnce4 ................................. 5<7 Adjustments— Contract Price or Contract Times.. 3.5, 4.1, 4,12, 4.5.4 4.5.3, 9.4, 9.5, 10,2-10.4. 12, 14,9, 151 progress scheduk .... t5-6 Agreement -- definition of .................. 'All -Risk" Insurance, policy form , Allowances, Cash-- .. . ...... ­ ­ .... ­­­ ...... Amending Contract Documents..,..._ ....... .. ............ 1S Amendment, Written. - in general,,,. .. ....... 1,10, 1.45,15, 5,10, 5, 12, 6.62 ....... 1.4.8.2, 6 19, 10, 1, 10A, 111 . ........ 111, 13 12,2, 14,7,2 Appeml, OWNER or CONTRACTOR intent lo- . ­ ......... _ ­­19.10, 9.11, 10.4, 16.2, 16,5 Application for R4yment­ defill ition OC ............ ........ ­­ .................... J.3 H-MINE-ER's Responsibility ...... ...................9.9 finn1payinent. 19,13A, Q 1.1 5, 14. 12-14 15 in general..._.._,-.._.... ...... _ 2.8, 19, 5.64, 9. 10, 13.5 progress puyinent ...... ......... . .. .. ..... ... 14A-14,7 review of ....... 14.4-143 Arbitration ............. ........ ..... 161-166 Asbestas­ Glaims pursuant thereto ..... ... ........ 43'2,4.53 CONTRACTOR authorized to stop Work .... 4. 5 . 2 definition of, � .. . ..... .......... JA Article or Paragraph NumbLI OWNER responsibility feu__,... . ............. 3 It) possible price and times change.,, ­ ­ , 4 5.2 Authorized Variations in Work.,_._,. 16,6.25, 6.27, 9.5 Availability of Lands 1, SA Award, Notice of --defined- ......... ... ... 125 Before Starting CctnsilTuckioq­­­ ..... Did --definition of ......... ­ ­ - , ­'.1 .5 (1, 1, 1, 10, 2 3, 3.3, 4,16A, & 13, 11.43, 11.9. 1) Bidding Documents—dclinition Of ­..­-1­­­ ..... ..... ........ .......... 1 .6 (6,8.2) Bidding Requirements --definition or .... 1.111-1-­ ... ­ ..... .... ... 1.1.1.1,7 (1,1, 4,242) Ponds -- acceptance of.. . ...... 14 additional bonds 10.5. IL4.5.9 Cos( of the Work......,_...... ... ...... 11,5.4 definition of., ... ..­­­­ ....... delivery ol­ ......... ­­­­ ... ­ ... ­ ....... ........ r.i, 5.1 final Application for Payment...... . . ­ 14.12-14.14 general ............ .. . ............. ........ 1, 11), 3, 5.13, 103, 14,7.6 Performance, Payment and Othet­­­ ..... 1-5.2 Bonds and Insurance --in general.... Builders risk "all-risk" policy form,................_..... Cancellation Provisions, Insurance._... 5A.11, 3.8, 5,15 Cash Allowaricek... 1-8 Certificate of Substantial Completion ....... . 118, 6,30. 23, ..... .... 14,8,14.10 Certificates of Inspection...................9.13.4, 13,5.14.12 Certificates of Insurance... ........ 7, 5.3, 5.4.11, 54.11 SA 4, 9,13.4, 14.12 Change in Contract Rice -- (ash Allowances ....... .... ...... .... .. . JLX claim for price adjustment, 4.1, 4.2.6. 4.5, 5.15, 6.8.2, 9.4 5, 9,11. 11) Z 10-5, 11 2, 13.9, ......... 13 13, 13 14, 14,7, 15,1, 15,5 CON TR.ACTOWs fee, .... ........ Cost of the Work general....,._ ............ Exclusions to 1,5 Cog Kw)rdq 11.7 in general,,,,,,,,.,,, 19, 1 A4, 9,11, 10.4.2, 10.43. 11 Lump Son, Pricing, ..........................................113.2 Notification of Surety.. .. ...... ......... ....... ­ 10.5 Scope of ....... . ­ ­ ..... ... ... ..... . .10.340.4 Testing and Inspection, Uncovering the Work.........._._...., 13.9 KK.'W, UENMAL C'ONDMONS [W 0-8 UW(JEDLITON) iv° CITY OF FORT COLUNs iqMWt(,ATToxs (pXv 9,,,99) Unit Price Work... _I_.._._. I 1 1. ­ 1. 1 ... . ­­1­IL9 Article or Paragraph Number Value Of Work_ Change in Contract Times.. Claim for limes adjustmenj_ ... . ,j 1, 4 2,6, 4 5, 5,15, 6.8.2, 9.4, 9,5, 9.11, 10.2, 10.5, 12.1, 1­119, 13.13, 13.14, 14.7, 15,1, 153 Contractual time limits 12, Delays beyond CONTRACTORS control_ Delays beyond Okk'NMR's and CONTRACTORs control Notification of surety ............. ......... ............ M3 Scope of change._......,. .. . .... .......... _103-10A Change Orders — Acceptance ofDefiecthv Work.._ ........ ____13.13 Amending Contract Docaxments . ... ...... ........... I ..35 Cash Allowanowk 1.1,8 Change of C1 mlract Trio ..................................... I I Change of Contract Times,,,,, .. ....... ...... ............ 12 Changes in the Work._ ..... .. .. .. ........... .. ...10 CONTRA(.'FOR's fee 11.0 Co,* of the Work Cost Records_..,..,..._ ...... .......... ........ 11.7 definition o( emergencies_, ............. ...... ENGMERs responsibility ... _9.8, 10A, 11.2, 12.1 execution of ........ ............. .................... 10.4 Intloninifiction ....... ___ ..... 0,12, 6,16, 631.6,33 Insurance, Bonds and . .. .......... . _ 5.10, 5.11, 10,5 OWNER may term inatq............. ___ ........ 15,2-15,4 OWNERs Responsibility_ ......... . .......... Physical Conditions — Subsurface and .... Underground ....... __13.2 Record Document-,; 6.19 Sc0PcofChange. _. . ........ .... ..... 10.3-10,4 Substitutes ........ ........ C _ ........ _ .6.7.3, J.8,2 IJnjtF'Yjce Work 11 9 value Of Work, ixwered by .................................11 3 Changes in the Work., . , _ _ ... .. .... jo Notification ofsurety to owNERs and coz4TkAcioks responsibilities., .., . ......... ................... _10A Right to imadjuntmeru,_ Scope Of change,,, ....... .10 3.10.4 Claims — against CON ,rRAi.'I'OR 6,16 against ENGINEER. _032 against OWNER. 632 Change of ControctPricq, 9A 11.2 Change ofCcraract Times......................... 9A, 12,1 CONTRACTOR's 4. 71. 9A, 9,5, 9,11, 10,2, 11 Z 119, 12.1, 13,9, 14.8, 13.5, 173 ti CONTRACTORN Fee Article or Paragraph Number CON'TRACTORs liability_....,.._. 5, 4, 6 12' 0, 16, 0,31 (',ost of the Work.. 11 A, 11.3 Decisions On Disputes_ .. .... 9. 11, 9.12 Dispute Resolution,..,.,.,.:. ... ..... Dispute Resolution Agreement ENWNEERas initial interpretor" Lump Sum Pricing._ Notice Of OWNEWs ....................9 4, 9,5, 9 11, ](12, 11 2, 11,9 ..... . 11-1.11.11­ _12.1, 13.9, 13.13. 13.14, 17.3 OWNER's liability ............. ................. __ .. . .... 53 OWNER may refuse to make payment . ...... .. ... J4,7 Professional Fees and Court Costs Included.........,._......__ . ... . .. .... IT5 request for formal decision orl_ Substitute Items T-im c Extension ... . ... .... � 121 Time requirements......,. ....... 1, 12.1 Unit Price Work. 11,93 Value of Waiver of —on Final Paytnent.. ............... 14.14, 14,15 Work Change Directive.,.,,_ .. ............................10.2 written notice required ....... ........ 11.2, 12.1 Clarifications and lnterprctations__ ­­').6.3. 9.4. 9.11 Clean Site _0,A7 Codes of Tochnica I Society, Organi7afion or Association ........... __ ................. ...........333 Com m encern ent of Contract Times, 23 Communications— general .............. __ .... ... 61, 6,9.2, 8.1 flazardCommunicattion Programs,.._ . ... ... 6-22 Completion — Final Application for P0yV0ru..........................1412 Final Inspection._...... J4,11 Final Payment and Aiceptance ... ........ . 114.13-14.14 Partial Utilization,...... ........... .............. _14.10 Substantial Completion,..... , _ - 1 38, 14.8-14.9 Waiver of Claims_... ....... ......... ........ 141 Computation of Tmieq Concerning Subcontractors, Suppliers all J CithcrA Conterences-- initially acceptable schedulej¢ . ..... ,29 preeonstructiori. ... ....... 8 Cotiffict, Error. Ambiguity, Discrepanev - CONTRAC'TOR to Report, 2 5, 3.3 2 Construction, before starting by CONTRACTOR_ 2 5-2 7 Construction Machinery, Equipment, etc, .. .. ..... �.. 6.4 Continuing the Work........_ .. ....... ......... _6 29, 10A Contract Documeras_ Amending........... ................. ..... .. ...... 3,5 Bon&s 51 f-'.K'1X'(f1-NhRAL COMA I ION, 19io-s (iy%i rA)j noN) *(ITY OF FORT COLLINS MOMFICATIONS (REV9,9V) Cash Allowances11.8 - Micle or Paragraph Number Change of Contract Pr ice, Change of Contract -f im"_ 12 Changes in the Work,,, .......................... _10.4-105 check and verily, ... . . ...... ... 15 Clarifications and lnietprcnnions ... .... .3.6, 9 4, 9.11 definition of LK) INGINUR as initial interpreter of, ,?It FNGINFER an OWNER's repr"entative _9,1 gcnerul3 Insurance....... _ ......... ... ... ....... - 53 Intent 1.3,4 minor variations in the _3,6 OWMRs responsibility to furnish data....._ ... - &3 OVMFR's responsibility to make prompt payment_........ ....... SA, 14 4, 14,13 precedence,. � ...... .... ... ... ... . ..... .... 1.1,333 Record Documents 0,19 Reference to Standards and Specifications of Technical Societies ... 33 Related Work_ ...... ..........................................7.2 Reporting and Resolving Discrepancies ........ 2-S, 33 Reuse of ...... 1-111. - I.." - ....... 3.7 Supplementing ... ...................... _ .......,3.6 Termination of ENGINEER's Employment_ _ .8-1 Unit Price Work_ ..... __ ........... ..... 11,9 vartatio . ................................. . 10, (�23, 6.27 Visits to Site, ENIGINTUiXs, 9,2 Contract Price -- adjustment of ................15, 4.1, 9A, 10.3, 11.2-11,3 Change of ..... .. .... .. . 11 Decision on Disputes_ ..................................... definition Contract Times -- adjustment of ' ...... . . ..... 3,5, 4.1. 9,4, 103, 12 Changeol'.1—.1, —1. 111-12.4 Commencement of� ..23 definition of .......... ..... .. ....... ..... 1,12 CONTRACTOR -- Acceptance ol'Insurancc, 14 conimunivatic,113 6 9.2 Continue Work 629, 10A coordination and scheduling, 9,2 definition of Limited r �eliance tit, Technical Data Authorized 2. 2 May Strip Work or Terminate .4, 15,5 provide site access to other:..., ....... T2, 13 2 Safety and Protection ...... 6,10, 6 18, ...............................6,2 1 -6,23, 7.2, 13 2 Shop Drawing and Sample Review Prier 4) Submittal._..:1.1.11.1 ... .1, ..... ............... 6 25 Stop Work requirements.......... CONTRACTOR's-- Article or Paragraph Number Continuing Obligation,................. ... 14,15 Defective Work ...... _ ... ... .. _9.6, 13.10-13.14 fluty to correct defuctitv Work _.........13.11 Phity to Report — Changes in the Work caused by Emergency,,., __ - , . .. . .. . ....... 6,23 1 )cfects in Work of Others Differing oonditiwts......................_.,.........4.2.3 Discrepancy in Documents,....... 2.5, 33.2, 6.14.2 Underground Facilities not indicated, , ....... 43.2 Emergencies .... .... — ...... ....... ........ _ ............ 013 Equipment and Machinery Rental, Cost of the Work ........ : ........ ] 1-43.6, 11 6 General Warranty and Guarantee, .... ........... 6.30 Hazard Communication Programs ........ ............ 622 Indemnification r... ........... � ... __O. IZ 6. M% 6.3 1 6-33 Inspection of the Work............................... 73, 13A Labor, Materials and Equipment .................... 6.3-6.5 Laws and Regulations Compliance by...,.,.,.,,. 6,141 Liability Insurivacc__ __ ........... ..... ..... .. , SA Notice of Intent to Appeal ...... ____ .......... 9.10,10A obligation to perform and complete the Work..........._ __030 Patent Fees and Royalties, paid for by— _6.12 Performance, and Other Bonds— 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule ........... _,6, 2.8, 2.9, 6.6, — ... —111 ...... —.- 15129, 104, 1521 Request for firma] deLisionort disputes .... ...... _,9 11 Responsibilities — Changes in the Work •.. . ... 10A Concerting Subcontractors;, Suppliers and Others ............... ................ .... 6.8-6 11 Continuing the Work....._ ...... ..... .. . 16.29,10A CONTRACTOR's expense..,,,,,,,,, ()7,1 CONTRACTOFs Gencral Warranty and Guarantee t 30 C ,ONTRACTOR s review prior to Shop Naunig or Sample submittal ............... 6,25 Coordination orwork_ r). 9. 2 Emergencies........................... .............. 623 ENOINTEERs evaluation. Substitutts or *Or -Equal' Items,,, _6,73 For Acts and Omissions of Others ............................0 .. ' _ _.. 0 9 1-6 9.2, 9.13 for deductible amounts, insurance. ,. _ 11-1.1. ..5,() general ........................................6, 7.2, 73, 8.9 Hazardous Communication Programs...,.... 622 lailiannification ................................... 6-11-633 EJ('1X'QENfiKAt. C .01NDMON's 191 O.M (19" Eta I I (.),N) W MY Or FORT COLLINS MOMOATIONS , (MV 9r99) Lalxir, Materials and Equipment_ Laws and Regulations 6.14 Liability Insurance ...... ........ ........... .. .... 5A Article or Paragraph Num bar Notice of variation from Contract IX,cuments, . ... ........ . 6,27 patent Fees and Royalties, 12 hermits 13 Progress Schedule 6.6 Record Documents., 6,19 related Work performed prior to ENGINEERS approval of required imbmivals. .................. .. ........... ....... 0-28 safe structured loading._ . __ __ - ................ 6.18 Safety and Prcwcticin....................6.20. 7.2, 13.2 Safety Representative .... _ . __ . ..... __621 Scheduling the Work .......... ............... 6,9.2 Shop Drawings and Sample*_.........._........ ... .6 24 Shop Drawings and Samples Review by ENGINM ...... _ ............ ................ 6.26 Site Cleanliness, . .... ..... . ........ ...... Submittal procedures ..................... 6.25 Substitute C onstruction Methods and Proceduriis_ _6,7.2 Substitutes and "Or -Equal" Items ...............6.7.1 Superintendence ................. ....... ........ J.2 Supervision._.....__., .... ....... ....... . ...... 6.1 Survival of Mligatiorvi, .... ...... ................... 6.34 Taxes 15 Tests and Inspections -,,,„ To Report, __ .......... _ " " * ...... 2 _ " Use of Premises . ... .. ... . 0,16-6.18. 6.30.2.4 Review Prior to Shop thawing or Sample Submittal .. _ .... ......... ......... 6,25 Right to adjustment for changes in the WorlK ..... 102 right to claim._,,.,, .... 4, 7.1, 94, 9.5.9.11, 10.2,11.2, ­­ 1. J1.9, 12.1. 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protecti(n ................6.20.6.22, 7.2, 13.2 Safety Representative , i ... ........... _ ._ ..... . 6 21 Shop Di a w ings and Samples Submittals.... 6 24-628 Special C(visultants., ....... ., 11, 4A Substitute Construction Meth(xJs and Procedures-6.7 Substitutes and "Or -Equal" Items, Expense .............. ... .......... ... ... 6,7.1, . 6.7.2 m Subcoractors, Supplierstind0them.,., _ _68-6 11 Supervision and Superintenden. ........ .6,1, 6.2, 6_21 "razes. Payment by, i5.15 Use otllremiscg 16.6.18 Warranties and g uin antocs .... .. 0,5, 6.30 VV01'rantycifTitleq,_ _ _ ..... .. 10 Written Notice Required.. CMTRACTOR stop Work or terminate ....... 155 Reports of Differing Subsurface and Physical Conditions ....................... a 23 Substuritiaf Coinpletion-, 14,8 Aii 0ONFRACTORS--other 7 Contractual Liability Insurance, 5.4.10 Contractual Time Limits Article or Paragraph Number Coordination— f)O 2 Copies of Documents Correction Period,-.... 13, 12 Corrtcaion, Removal or Acceptance of Dcfective Work-- in general,,, __ ...... ........ ...... __ I 0A, 1, 13 1 (1- 13,14 AcceptimccofDo.Octive Work_, .13.13 Correcdon or Removal of Defective Work........... 6.30, 13,11 Correction Period 13,14' OWNER May Correct Dafectiw Work 13,14 OWNTR May Stop Work ..... 13.10 Cost -- of Tests and Inspections_ ....... ............... 13A Records) 1.7 Cost of the Work -- Bonds and insurance, additional ............. j 1 4,5.9 Cash Discounts __ 11,4,2 CUM'RACTOR's Fee..:...._..._..,.._.: ..... j 1,6 Employee Expenses , .............. ...... 11.4,5.1 Exclusions to 'l General ll.4-I Home office and ovei'lread expenses ...... , 11.5 Losses and damages.................................... M 1, aterials and equipment . . .. ..... 11,41 Minor expenses , 1,4,5.8 Payroll costs on changes 11,4,1 performed by Subcontractors,, ... ..... . _11,43 Recordsli.7 Rentals of construction equipment and machinery._� ........ 11 45.3 Royally payments, permits and license fees, _ ..... - .... ....... ........ . ....... Site office and temporary facilities _ . . , , 11,4.5-^ Spmial Consultants- CONTRACTOR.s,, ... j 1A 4 Supplemental 11,45 Taxes related to the Work 11 45A Testsandhispection,_., Trade Discounts, ........ 1 L42 i'tiliucS' Jual and sanitary IaCijuj". 11.4.5.7 Work after regular hours., ........ ...... _ 11,4,1 Covering Work 136-13,7 Cumulative Remedies, 17,4-173 Cutting, fitting and patc cag" Data, to be ftmuslied by OWNED... Day --definition of..........._._,. _... . .. ... 17 12 Decisions on Djsputcs_ 9,11, 9 1- defectiw­definition of....._ .. .. . 1-14 Aefective Work-- Acceplancoof. I 1JA 1, 13,13 hA3.Vt*',N)(AL CONDITIONS 1910-8 (1") rJA 11O.N.) WICITY OF FORT COLUNSIOOMFICATIONS (RFV 9.199) Correction or Removal of...._.. . I o 41, 13.11 Correction Period— .131.1 in general, ...... _13, 14.7, 14,11 Article or NrngrHph NuriNr Observation byliNGINEER11111-11.1 9.2 OWNER May Stop Work 13,10 Prompt Notice of Defccts 13A Rejecting,_..... _ 9.6 Uncovering the Work, Definitions Delays ... ......... . 1, 6 29, 123-1 2A Delivery of Bonds, ........ .. _2.1 Delivery ofccirtificates of insurrrxc�_—' p,7 Determinations for Unit Priw Itt Differing Subsurface or Physical Conditions -- Notice of_ ... ...... 4 2.3 ENGINEEWs Review_. ............. ............... 4,2A Possible Contract Documents Change . .... .. ., I, A.23 Possible Price and Times Adjusmients, . .. ..... ,4.2 6 Discrepancies -Reporting and Resolving.,.. .. ..... 15, 332, 6,14,2 Dispute Resolution — Agreement ......... ...... ......... .... J 6,1.16,6 Arbitration ...... Scncra116 Mediation................ ........ . . . ..... .. _ _1 ' 6.6 _ Dispute Resolution Agreement, . _ .. . . .. 16,1-16,6 Disputes. Decisions by ENGINEER ...... ....... ...!),i 1-9,12 Documents — Copies of 22 Record 6.19 Reuse of_.....,.,_..._.. ... 3.7 Drawings —definition of, .. .. ... .. .... ...... Easmcnts , ......... ......................... 4.1 Effective date of Agreement definition gl .............1.16 Emergencies,-,......._...., _6 23 ENGINEER — as initial interpreter on disputes,. ....... 11-9. 12 definition of Limitations on authority and responsihilitie..s :9,13 Replacement or ..... 2 Resident Prqject Representativc 93 ENGINEEks Consultant — definiticii of, T 18 ENGINEER'S -- authority and responsibility, hatitationn on Authorized Variations in L� %Vorl Change Orders, responsibility for 9 7, 10, 11, 12 Clarifications and JnttTPTCtati0r.S. 16-1, 9A Decisions on Disputes 9. 11 -9. 12 fdqfective Work, notice of, - 1-1114 1 Evaluation or substitute Items - 6.73 Liability__ .... _ ........... ___ .... — I ...... ...... ,6 32, 912 Notice Work is Acceptable ... J4.13 Observations.., - ............... — ......... I .... (,302.92 A OWNER's Representative ........ ........ .9,1 Payments to the CONTRACTOR, Responsibility for., .......... .... 9,9. 14 Recommendation of Payment., ,, .....144, 14,13 Article or Paragraph Nuan her ResM. isibilitics—Limitations oil ...... , _ 9,11-9,13 Review of Reports on Differing SuNufface and Physical Conditioria. ....... .... _ ... ... ... 4 2A Shop Drawings and Samples, review responsibility._.. . ..... Status During Cuistruction.- authorized variations in the Work, ..... 9.5 Clarifications and Interpretations,,,,,,.,, .. ..... 9.4 Decisions an Dispul".._ 9,119. 12 Determinations on Virdt price,...,..... __ ......9.10 KNOMER as Initial Interpreter, __.9,11-9.12 FNQ MIERs Responsibilities ..... ..... P I-fl2 Limitations on ENGMERs Authority and Respionsibilitic3 9,13 OWNERS Representative............_ .. ...... .... 9A ProjecIRtpresentative .......... _ ... ... ..... 93 R*LtmS Dqteefive Wes k ......... ................ Yo Shop Drawings, Change Orders and Payments,, . ...................... ...... Visits to Site„ � .. ........ ... ....... Unit Price determinations.. . ......... . .. .... Visits in Site '9" Written consent required..-,,, ........... ............ y,2' 9. 1 Equipment, Labor, Materials anti ........................4.3.6.5 Equipment rental, Cog of the Work.. _. , , ,, I I A 51 Equivalent Materials and Equipment .... ...... ... error or an issions ...... ..... ..... _p33 Evidence of Financial Arrangements„ _...... ....... ti, I I Explorations of physical conditions ........................4.21 ................4211 Fee, CONTRACTORs—Cosis plus ., . ...... 1,6 Field Order -- definition of . ...... ............ j,19 issued by ENGINEER, .... ........ ... . .... . 3,6A. 9.5 Final Application for Payment .......... 14 t2 Final Inspccitiorl ....... _ ...... .......... J4 It Final Payment — and Acceptance 14,13-14 14 Prior to, for cash allovances"', '11.8 General Provisions,, 173-17.4 General Requirements — definition of................................................. _1 241) principal references to,.___.___ 2.6, 6 4, 6,6-6 7, 6.24 G iving Notice � ..... .. ..... ... . 17.1 Guarantee of Work —by CONTRACTOR 6,311 14.12 Hnzard Communication Programs...,. 6 22 fJazHrdousWagtc-- definition of 21 general 4 5 OWNHR!" responsibility fix _ .... ............. ....... 14) WIX:'(WNEKAL CON D] LONS 1910-8 (1990 E01110,N) W CITY OF FORT COLLINS ABOUT IOWn ONS mr�V Indemnification,,,,__....- _6 1- 6,16, 6.31-633 29 Inspection— Cerfificates ot ._9,13.4, 115, 14.11 final .... .... ....... ...... 14 It Article or Paragraph Number Special, required by ENGINEER 9.6 Tests and Approval ... .... ... . 8,7, 133-13 4 Insurance -- Acceptance of, by OWNER, 5. 14 Additional, required by changes III the Work_ ,, _ , _ ,,, _ . - � ............ _1 1. 4.5.9 Before starting the Work . . . ........ . ... 2.7 Bonds and --in general . ..... * 11­ ­­ 1­1 1111-1115 Cancellation Provisions_ . .......... ................... _M Certificates of ...... . ...... 17, 5, 5.3, 5,4.11, 5A.13, .................I......5.6.5. 51, 5,14, 913A, 14.12 completed operations .... ..... __ ................... 5.413 CONTRACTOR'S Liabilitv 5.4 CONTRACT Oka objection to coverage- ...... 5.14 Contractual Liability, .... ............ . 5A,10 deductible amounts, CONTRACTOR!% responsibility._ .............. ............... ...... ........ 5,9 Final Application for PRyinent_., ...... ............ 14,12 Licensed Insurers, 53 Notice requirements, material changes ...... _5,8, 10.5 Option to Replace....... ..... .............. ... - 11 - 1 115,14 other special insurancel ............ ............. __ ...... 5,10 OWNER as fiduciary for insure(N. ... _ ........ 5,12.5 13 OWNER's Liability., 5.5 0%NERsResp(nqibility__ I.I.-.1.," Partial Utilization, Property Insurance,, ... _ __5.15 property ' ' .1.11 1., _).6-5 10 Reociptand Application of Insurance Proceeds ... ....... ...... ........... _512-5 13 Special Insurance 5, to Waiver of Rights....-._ .... 5.11 Intent of Contract Docum on L4, ... jA-3.4 Interpretations and Clarifications...... ... 3.6,3,9,4 Investiptions o(physical conditions,-_,_....-............. 4 2 Labor. Materials and Equipment_ o.3-&S Lands— and Easements $.4 Availubilay of __.4,1,8.4 Reports-andIeMs Laws and Regulations --Laws or Regulations -- Bonds 5.1-5.2 Charities in the Work 10A Contract Doctulic"t.g., --I I (,',O,\,'['RAC'l OR's Responsibilities .... ....... 14 ji ork . ....... .. e Correction Pod, defective Work.,-,,,........ .. ,...13.12 Cost of the Work taxes, .. .... ......... _ 114 5A definition of 1,22 genera16 14 Insurance....._ . _ ....... .. ...... ____ , _ _ .3.3 PTecedence ­)A,3.3.3 Reference to .... ... 3.1 Safety and Protection ..... .......... 6 20, 13,2 Subcontractors, Suppliers and Others_...,.. . 6.8-6 11 Article or Paragraph Number 'Pests and ltvipeCtiOTISI I Use orpremiscs Visits to Site 91 Liability Insurance.- CONTRACTOR's. 54 Licensed Sureties and Insurers ...... .. ....... 5-3 Liens — Application for Progress Payment,, .... ...... _1 4.2 CONTRACTORS Warranty of Title __ � _ ) 43 Final Application rot Payment.,...... ......... 14,12 definition of 1 23 Waiver of Claims,_ ........ ............ 14-15 Limitations un ENGINEER's authority and responsibilities_ ...... . , , , ,, _ .. ........ _9.13 Limited Reliance by CONTRACI Ok Authorized ...... . . ......... .............. ...... ....... 4,22 Maintenance and Operating Manuals -- Final Application for Payment_...., .................1.4.12 Manuals (of others) -- Precedence_ 3,33.1 Reference to in Contract Documents,,,,,,,,,,,,,,„. 111 Materials and equipment ­ furnished by M1,1TRACTOR - 6" not incorporated in 'Nork _14.2 Materials or equipmcm­equivalent. ........ .... ....... _0,7 Mediation (Optional),., . .....16.7 odd.......................................J.24 Miseellantoua_ Computation of Times 17.2 Cumulative Remedies........ 17A Giving Notice ----- 17.1 Notice of Claim, 173 Professional Fees and Court Costs Included ....... . 175 .Multi -prime contracts 7 Not Shown or Indicated 43 2 Notice of-- Accept"Wity of Award, definition ot, "1 25 Claim.................................... ..... J,7 3 Delects,131 Differing Subsurface or Physical Conditians. 4.23 Giving Tests and Inspections 13 3 Variation Shop Drawing and Sample, .............. J-17 Notice to Proceed_ definition o( EKAX'OEARAL CONDMONS 1910-8 (19W ED1 RON) W(TrV OF FORTOOLUNS MODIFICATIOM iREV %'99) Notification to Surety.. . ... ... ....... ......... ..... _ 10,3 Observations, hyfiNGIINffilk 6.30, 9.2 Occupancy of the Work . ..................5A5, 630,14,14,10 Omissions or acts by cO,\,rRACT0R ..... . ..... 09,913 Open Peril policy form, Insurance,,, -- .... .... 5.62 Option to Replace..._ .... ...... .................. 5,14 Article or Paragraph Number "OrEqual" Items _6 7 Other work 7 Overtime Work —prohibition of 63 OWTINIF R - - Acceptance oNkfeclive Work..._....._ .............. 13A3 appoint an ENGINEER'.... ............. A2 as fiduciary .......... ..... ................. _ ...... 5, L--5,13 Availability of Lan* responsibifity___ , -__j4A definition of ......... _ ..... ...... ... 1.27 data, furnish_ ...... .. ....... .. ........ ?3 May Correct Defective W(xk.,..........................13.14 May refuse to make payment.._ ...... ... .......... .. 14.7 May Stop the Work,....... . .. ........ ....... ....... May Suspund Work, Terminate_. � ..... ..... --, 1.8, 13.10, 15.1-15,4 PaymLnt, make prompt.. ... .... $3, 14.4, 14,13 perfarmanoe of other work ............ ..................... 7.1 permits and licenses, requirem entq ...... ......... _§. 13 purchased insurance requirements..._.. _,5.6-5.10 OAkWF,R!s-- Acceptance of the Work........ ........ ........ . Change Orders, obligation to oxertaq .......... 8.6, 1014 Comillunicatlow................................................8.1 Coordination of the Work., . _ . ............. ..... —1 7A Disputes, request for decision,,,,,,,,,,,,,, Trispections, tests and approvals,...... Liability Insurance_...._ ... .... ... 5_5 Notice of Defects J3.1 Representative --During Construction, hN(31NEEWs Status_, -9.1 Responsibilities -- Asbestos, PCEI-, Petroletau, Hazardous Waste or Radioactive Material .81 10 ChanSc Orders, ........ ......... .... 86 Changes in the Work......... 10'1 communications 8.1 C0':,tVRACT0Rsjcspurisibi1itic* VVIdeTICe of fillOnCifl I arrangements inspections, tests and approvals, .$,7 insurance lands and easements,. prompt payment by. 8_3 i eplacan ent of ENG MER _$2 reports and tests., __ __ .... ... . ... ....... �$ 4 stop or suspend Work ... ... ......... 18,8, 13. 10, 1.5 1 terminate. CON7RA(7ORs services ....... _ . _.8.8, 15,2 separate representative at sio;_ testing, independent .... ......... ..... ... 134 use or occupancy of the Work- , . — . . ..... .... -515, 6,30.14, 14, 10 written consent or approval required._......... 9A, 63, I1.4 EXIX7 (AiNERAL CONDI CIONS [910.8 (1990 ED1110N) w! 0TV (T, F0R*rCQ1.LJNS'M0DTF1CAT10N.' i (REV 9,99) Article or Paragraph Article or Paragraph Number Nutnher written notice required ._ ......... _ ,_ T1, 94, 9,11. _., I t 2. 1 t h, 14 7, 15.4 PCHs-- detmitl m of L29 general'_ 4.5 OWNER's responsibility for. ... Partial Utilization — definition of ...._,... ......._.... 1 ?� general 630 2 4, 14.10 Property Insurance Patent Fees and Royahies. ,...... ........... 4.12 Payment Bonds .... ..... .............. . _..,..5.1-5.2 Payments, Recommendation of .......... _-.14A-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for Progre"Payments ......................14.2 CONTRACTOR's Warranty of Title -„_ ........ _,„".14.3 Final Application for Payment ........................j4.12 Finn 1 Inspection ...... _.... 14,11 Final Payment and Aceeptanrc............... 14.13-14,14 general....... _.... .....<.. <.< .............. .............8.3, 14 Partial Utilization..__..._...._.._... Retainage................................... ...................... 14.2 Review of Applications for Progress Payments14A-14.7 �. prompt payment.. ... ,...,__ ........... ........... $3 Schedule of Values,....... ..... _ ........................14A Substantial Completion .... ...... _._,... ...... 14.8-14.9 Waiver of Claims................................._..........14,15 when paymentsduq ... ............. ................ 14A, 14.13 withholding payment. _.., ...... _.._. _ 14.7 Performance Bonds,. Permits ti.13 Petroleum — definition of...".............................._.................1.30 general............... ................. ..".,.... .................. _ 4.5 014'NER's responsibility for... _........... _. .......... . 8 10 Physioal Conditions -- Drawings of, in or relating to....... 4 2,1,2 ENGrItvEER's review ..... ........... ......... ......... .... .. 4,2.4 existing structures_ ... _ _ ....,...._. _...4.12 genera14, 1.2 .._._.. :notice of Differing Sulxiurface crc,. _ 4.13 Possible Contract Dccaun eats Change.. . _. _ 4.2.5 Possible Price and Times Adjustments , Reports and DrAwings.... ........ ....... .......... 4.2.1 Subsurface and, .......... ............. Subsurface Conditions 4.11.1 Technical Data, Lim ited Reliance by CONTRACTOR Authorized.< Underground Facilities — general .................. ............. .... ............... 4.3 Not Shown cr Indicaed...... _.._... .... ...4.3? Protection of.........................................43, 6.20 X4 Shown or Indicated .. . _._,...... _....,. _.. .. _.. 4.3.1 Technical Data,., ._.._.,_ 4.2.2 Pr€eonstruotion. Conterence............... ... _ ..................2. Preliminary Matters Preliminary Schedules _ ..,..._. , 2.6 Prenises, 1=se aF„_..... .. ...... ........_.,... ,6.16-6.18 Price, Change ofContracf ProgressPaymerit, Applications for _ .. ._ _ 14.2 Progress Payment--reta nage __. _ _ 142 Progress suhedute C0;39'RAC1'CiR's_. _ _... 6,, 19, 2.9, _,..._....._...._.__..... 6.6, 6.29, 10.4, 15.2.1 Prcjeot--defmition of 1.31 Project Representative-- ENt1INEER's Status During Construction.... , _ ..9.3 Project ]tepresentativc Resident.-deEnitic)n of. , ,,. ,1.33 Prompt payrrlent by OWNER.....................................8.3 Property Insurance-- Additiotnal...<...... ...................... ......... ..._......._5.7 general5.6-5,10 Pori ialUtilization ............. 5,15, 14.10,2 receipt and application of proccedx ......... ...5,12-5_ 13 PrvIcction, Safety and ... ........................ ,..C,'20-6.21, 13.2 Ftmch list Radioactive Material-- defintion of .................... 1.32 genera14,5 OW NTsR's responsibility for _.... _................. _...e .10 Recommendation of payment ........... _.. _14A, 14.5,14.13 Record Documents_ .. _.6A9,14,12 Records, procedures for maintaining ..... ....................2.8 Reference Points.,,,,,,,,, ,. _,4,4 Reference to Standards and Specifications of Technical Societies3.3 Regulations, Saws and(or) ............... ........... ........... 6,14 Rejecting Defective Work ... ....... . ...... ... ._, _._ 9.6 Related Work -- at Site ................ 7.1-Z3 Performed prior to Shop Drawings and -Samples submittals review....,..' ............. G.28 Remcdteu,.Cumulative- _._.._ .17.4. 17.5 Removal or Correction ofDefecow, Work 1111 rental agreements. OWNER approval rcquircd,.__I1.4,5,3 naplacemeaht ofENC1VF'ER, by (JG1"NEW,_. __. ._..__. 8' Reporting. and Resolving Discrepancies ................................- 5, 3.3.2, C.14.2 Reports — and Drawings _. .. 4.2.1 and Tests, OWNER's responsibility 8.4 Resident and Project Representative -- definition of...-,_._......, .. .......,.. I-33 provision for ., y.3 EA'13C (.ib; 1fiR Al, CONDITIONS 19 10 -8 (icy!) Mlru)N) W (ITY Or FORT COIJAN9 MODIFICATION'S tRGB 9199'i Article or paragraph Number Resident Superintendent, CONTRACTOR's, 2 Responsibilities— CONTRACTORs-in general ... _ ...... ....... HNOINEE'Ws-in general .. .. .... ........ .... .. 9 Linnhations on 91 t3 OWNF.R.'s-in general Retaivage 14.2 Rouse of Wcumems Review 11A, CON1 RACTOR, Shop Drawings and Samples Prior to Submittal,.__ .. (%25 Review of Applications for 14.4-14.1 Right to an adjuqatent, . ..... .............. J0-2 Rights of %Vay.., ... 4.1 Royalties, Patent Fees and,......__ ............ ....... _jSA2 Safe Structural Loading_, 6.18 Safety — and Protection.,, ... ....... ... .... -4.12, 6.16, 6.18, 6,20-6.21, 7.2, 112 general............... ............. .......... .......... 0 m-6.23 Representative, CONTRAC`170K ........ §21 Sample& -- definition of..,..._.— .............. . .. ... .... 1,34 general . ...... .. .. ...... ....... 0:24-6.28 Review by CONTRACTOR ...... ..... ... 6,25 Review by ENOMFR ..............................0.26, 6,27 related Work_,. __ ......... .......... ....................6.28 submittal of".1-11-- ... .624.2 submittal procedureq ...... ....... .. ........ 6.25 Schedule of progress... .... ........ 2.8-19, 6.6. —6,29,10A, 15-2,1 Schedule of Shop Drawing and Sample Submittals .............................2 6, 2,8-2.9, 6.24-6-28 Schedule of Values— ,24 2.8-19. 14.1 Schedules — Adherence to, 15.2.1 Adjusting_.. .. .... .. _6.6 Change of Contract Timvs_ .... ........ ........ 10A lnoiallyAcccptable Preliminary ......... . Shop I)rawings— and SlImPles, 90,11r,11 6 24-6,29 Change Ordets &cApplications for Payments, and, 9,7.99 definition of .1,35 ENGINKUR'sapproval of —1 13.6.2) l'N(3rTN-T-ER!% responsibility for review . ......... ....... ........ ..... 9.7, 6.24428 related Work .6.2a review procedures .. ....... 6.24-6 29 xm Article or Paragraph Nurn ber SUbm inal required. .............. ....... ..... ....... 624 1 Submittal Procedures .......... ........... 6-2' 5 use 10 approve subatiRitions; .... Shown or Indicated _ ......... ........... 3.1 Site Access . , _ , . < ....... ... ' 7.2,112 Site Cleanliness .... ...... . ........ ... .. ....... _6. 17 Site, Visits to.- bylENGINTER 9-2, 13,2 by others .. . .... .... ..... ... 132 "special causes of loss" policy Ram, insuranoc—, ....... ...... -5-6.2. definition of ' .... ..... 1.36 Specifications— dofinatton of ................. . ............ .. .. ..... ..... ).316 of Technical Societies, reference to, . . ......... 3,31 precedence ........ ............. ....... ...... ...... ... 3.3.3 Standards and Specifications of Technical Societi . .................... .............. ..... 33 Starting Construction.%forq1 ...... _2.5-2,8 Starting the Work .... _ .... ...... . Stop or Suspend Work — by, CONTRACTOR ..... ....... ......... .............. by OWNER .... ................. ...... ... X 8, 13 . 10, 15.1 Storage of materials and equipment ............. _ ,,.4.1, 72 Structural Loading, Safety ....................._........,.......6.18 Subcontractor — Concerning,., ............. _ .......... .... 6.8.6, 11 definition of.................. .. .......... )-37 delays ..... . ...... waiver of rights, ........... Subcoutractors—in gencral__ ....... .......... 6.8-6.11 Subcontracts —required provisions,.,....~ 11, 6.11, 11,43 Subm ittals— Applications for Payt�iejn ........... ........ 14,2 Maintenance and Operation Manuals_ 14.12 Procedures,,,,,,,,,,,,,,_.,,,,.„.„-- ...... ... 6.25 Progress Schedutes ..................... ... 2.6, 19 Samples ........ . ........ . ... ....... ... .0 24-6,28 Schedule of Values ....... — ......... ..... 2 6, 14 1 Schedule of Shop drawings and Samples, Submissions 2,9-2,9 Shop Drawings, 6,24 2.6.2 8 Substantial Completion — certification of_,_,_.._...............(2.30.2.3, 14,8.14 9 Substitute Construction Methods or Procedures. 6 7 .Substitubts and 'Or riqual" ftem-,_ 6,7 CONTP ACTOR!s Expense........ _67.1.3 KNGINEERs Evaluation 6 23 'Or-Fi4aal ........ _6,7, LI Substitute Construction Meinda EKW, MNFAAL CONDITIONS 191 U -8 n 9%) EN 110N1 w! CITY OF FORT MUMMODITICATIONS jRr.X1 9,,99) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 27th day of March 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 Lafarge North America, Inc. dba Lafarge West, 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 19th day of March, 2004, entitled Specifications and contract Documents for Asphalt Overlay Project 2004, Bid No. 5839, City of Fort Collins (hereinafter called the 2004 CONTRACT) and all portions of the 2004 contract incorporated into this Agreement by reference herein shall be read and interpreted as if the same were attached hereto. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until December 31, 2006, unless sooner terminated as provided by the Contract Documents. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as asphalt milling, asphalt patching, asphalt overlays, geotextile paving fabric, manhole and valve box adjustments, and the associated traffic control on designated streets in the City of Fort Collins. Specific locations are described in Section 03500, Project Map. 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 The Work shall be Substantially Complete within 100 calendar 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 105 calendar days after the date when the Contract Times commence to run. 9/12/01 Section 00520 Page 1 Article or Puragraph Number or Procedures...._.....................................0.7.2 Substitute Items _ .. ..._ _ _ ... _... _ 6.7. 1,2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ...... . ...........42.1.2 ENGINEER'sPeview _ __........ .._ ,. ...._.., 4.2.4 general_. . ,....__.. ........_.4.2 Limited Reliance by CONTRACTOR Authorized.. Notice of Differing Subsurface ox Physical Conditions._...... _.............. 42.3 Physical Conditi(ins.....,..._......................4.2.1.2 Passible Contract Documents Change ...... .....,4.2.3 Possible Rice andTimes Adjustments_.. .... .... .4.2.6 Reports and Drawings.. ...... ....................... _.4.2.1 Subsurface and ................. ............ ................... ..4-2 Suttsurtace Conditions at the Site'.. . ... ........... 4,11 1 Technical Data"_ ....................._......._......>..-. 42.2 Supervision-- CONTRACTOfes responsibility .. ............ .. G.l OWNER shall not supervise ..... .................... ....... Ry ENGINEER shall not supervis4................9.2, 9.13.2 Superintendence .......... . ........ . g 2 Superintendent, CONTRACTOR's resident .... .._ "„ ¢.2 Supplemental costs ..................... ,...... ........ ...,.....,11.4.5 Supplementary Conditions-- definition of ....... ..................... .....".................. 1,39 principal references tp.... .... .........1,10, 1.18, 2.2, 2.7,, _.1 _. 4.2, 43, 51, 5.3, 5.4, 5.6.5.9, 5,11, 6.8, 6.13, 7A, 8.11, 9.3, 9.10 Supplementing Contract Documents ....... ...... ............3.6 Supplier — definition of .................._........... .................... . 1.40 principal references tp....... __. .7, 63, 6,",11, 6.20, _ ,.......,.._ ........._, 0,24, 9,13, 14.12 Waiver of Rights....... Surety-_ consent to final payment- . _....__..,_ 14.12, 14.14 ENCTINF',ER has no duty to ....... ......................... 9,13 Notification of _.._... 10.t. 10.5, 12 qualification of Survival of Obligations...... .. ........... ....... ............ (i34 Suspend Work, OWNER 49ay_ _.... ...-_...... 3.10, 15.1 Suspension of Work zind Termination— _.,.,..._.__.l5 COR LRACTOR .Nty Stop Work or Terminate_ __ _._. 15.5 OWNFI R May Stispend GGork_ _.._ 15-1 fyWINIERLlayTermniate_.__.,_.., . ...15.2-15.4 'faxes-4.3aymtent by CONTRACTOR,... Technical Data -- Limited Reliance by CONTRACTOR ...... .......... 4.2 2 Passible Price and Times Adjustments... ..4.26 Reports or Differing Subsurface and Physieut Conditions.. x1v Temporary construction facilities_._..._ ___ .... _........ .1 Article or Paragraph :Number Terminatttln-- by")NTRmn-ciR ._..-..... _. _ 155 by OWNER .._, „5.8, 15.1-15A ofENGI'NI HER`semploynient .... ._._.__..8-2 Suspension of Work-in general.,.... _.,_. 15 Tonms and Adjectives; ...........__ _._ :.14 Tests and inspections -- Access to the Work, by others _-. 13,2 O . i� F:TRACTOR'31.csj7Qr19117111tIeS..........._. cost of 13.4 covering Work prior to, . ....... ___ ........ )3.6-13.7 Laws and Regulations (or)_ ... _. _,..... .............. 13.5 Notice of Defects ......................... ...... . .........111 OWNER May Stop Work ..... _ ... . ........ ..... _ 13.10 OWNER's independent testing .......................... ) 3.4 special, required by ENGINEERf(.............. ......9.6 timelynoticeregtarcd,,,,,,,.","„ .................... . 13.4 Uncovering the Work at ENGINEER's request ............. .... ....... 13.8-13 9 Timca-- Arliu%ing..........._..................... I ............. ..........fi.6 Change of Contract ............. I,: 2 Computation of ...,,..... „. „ ,,.,,.17.2 Contract Times -de................. ...... ..1.12 . day..... ...... ......... _ _.............. _.... ... 17,22 i 4;lesttmes................... Requirements -- appeals.... _ _ .. . _ _ 9,10, 16 Olarifieationa, claims and disputes.,, y.l 1. 11.2. 12 Commencement of Contract Times...... .... ..2.3 Reconstructim Conference_ ......................... 8 schedules ... .......... .................... ........2,6.29, 6.6 Starting the Work........... 2.4 Title, Warrantyof....,""....... ......-......... ..........__ ....14.3 Uncovering Work ... .... .... .......... ._ ......... ,..... 13.8-13,9 Underground Facilities, physical Conditions_ definition of .......... ..... Not Shown or Indicated.._.. _. __. 432 protection of_.. 4.3.6,20 Shown or Indicated ....... _ ... _ _ . _4.3.1 Unit Rice Work -- claims . .._.,.,,_, , ,.11,23 definition nf................... _,..,........................ t 42 generall l 9, 14 L 14.5 flint Prices -- general l 1.3.1 Determination for ................. ....... ......._._ . a.In Llse of Rem ises ............ .. .... .... .......... 6.16. 6,18, 6.30_14 thility owners.._...6,13, 6.20, 7.1-73, 13.2 Utilization, Partial .... ... ... ... ...1.28, 5.15.6.30.2.4. 14,10 Value of the Work .............._........._.... ............ 11.3 Values, Schedule of, ._._.. _ 2,6, 28-2.9, 141 tEJC'fJ(." CiE?3FRAt. CONM] 10D.". 1910.8 (1 99) [J:H"r1o2Y! W MY OF FORT COLUM MODIFICATIONS (RGY 91" Variations in Work. -Minor Authorized, .. .. .. ... 6,25. 6,27, 9-5 Article or Paragraph Number VW13 to Site —by ENTGNTER, 9,2 Waiver of Claim% --on Final Paymcnt,_ _14, 1 j Waiver of Rights by insured partj",___ .... 5,11, 6.11 Warranty and Guarantee, Ocricrul—by CONTRACTOR._.. 630 \Varranty of Title, (.,(JNI'RAC'T0R's ... ..... ...... iW)rk- - access to .132 by others....... ............... .. ...... .......... 7 Changes in the,_ ....... _ , �, 10 Continuing the, ......... ...... ....... ....... ... .... fi.29 CONTRACT01"day Stop Work or Term irate........ _ ........ ..... . 15.5 Coordination of TA Cost of the ...... _ ........................................ 11.4-11-5 definition of...........__....._ 143 neglected by CONTR ACTOR .... ........ ........... .. 1314 other W'ork_ ................. J OWNER May Stop Work......_.._._ 13,10 OWNER May Suspend Work ....................13.10, 15,1 Related, Work at Site .................................... 71-7.3 Starting the ._ ....... ...... ....... ..... .............. .. .... 24 Stopping by CQtiTRACTOR, , ....... ........ ... (5.5 Stopping by OWNER . . ...... ....... ___ ... J5,1-15,4 Variation and deviation authorized, minor ... .. .... 3.6 Work Change Directive-. claims pursuant to ............. .........30.2 definition of.. ..... . 144 principal references to ........:........... 3.5.3. 10AA0.2 Written Am cridnient— definitioliot— — , - . ....... ...... .... ........ JAS principal references tq� ........ __1.10, 3.5,5A0,1512, ...6.6.2, 68.2,619,10A, )0.4, .... ... 11,11.2, 111, 13.12.2, 14.72 Written Clarifications and biterpretations, .......... _ .... .. .... -3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ......... ........ 71,910 104, U2, 12.1 Fly ()IV,4]d%' 1(),4, 11,2, 13 14 Xx ",W UENNUL C,01WITIONS 1910-8 t19)9) WHION) wl CITY Or FORTO)LUNS MODWICAMNS ITMViii991 (This page felt blink inum ically) f.•„HIVIWW. "AL (X)NDITION31910-9(1A90 iSlllTlgN�`) w%CITY OF FORT COI.l.1N5 MO )MCA-nONS (RGV 9199) GENERAL CONDITIONS ARTICLE 1-4)RFfNM(M, Wherever used in these General Conditions or in the, attar Contract Documents the following terms have the meanings tadicated which are applicable to both the singular oral plum] thereof: 1.1 addenda--tkritten or graphic instruments issued prior to the opening of Bids which clarify, correct or ehantge the Bidding Requirements or the Contract Documents, 1.2. .9 ivement The written contract between OWNER and CONTRACTOR covering die Work to be performed; miter Contact Moments are attache] to the Agreement and made a part thcreof as provided therein. 1.3, fication for Payment --The form goon�d by ENGPA which is to be used by dyNTR.ACTOR in requesting, progress or final payments and which is to be accompanied by such ra pfici ting documentation as is required by the Contract Dccuments- I A, Asbestos --Arty material tint eomains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels estahlished by the United States Occupational Safety and Ilealih Administratim, 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, Btdaft Documents —The advertisement or invitation to Bid, &anietions to bidders, the Bid far, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 17. Bidding Requirements --The advertisement or invitation to Bid inatntctions to bidders, and the Bid firm. 1.8, Boot#—Petfonnance and Payment bonds mid other irnstrtmients ofsecurity. 1.9. Change Curer --A document recommenced by ENGRglER, which is signed by CONTRACTOR and OWNER and authorims an addition, deletion or revision in the Work, or an a0usmncm in the Contract Price or the Contract Titres, issued on of after die Effective Date of die Agreement. 1.14. Contract Lkr uments- the Agreement, Addenda (which pertain u) the Contract Documents), CONTRACI'M5 Bid (includir documentation accoanpanying the Bid and any post laid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreemnent, the Notice+ to Proceed, the Bonds, these General Conditions. the Supplementary Conditions, the Specifications and the Drawings is tine EiJCUC r3i;dtRAt Gi72dT.7[-17C,N5 ] 9 €9it f r J')q Ettltius; w! r'I"!7 d� F(YRl'C:t�ldd t+'4 ktCtt)mlCAllOtSti (RF.4 drltiam same are mote speciiicaliy ideutifietl in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENt31NEEt:s written interpretations and ckiri&cations issued pursuant to paragrapht3.5, 3.61 and3.6.3 ar or alter the Effective irate of the Agreement. Shop Drawing submittals approved pursuant to paragrapibs 6.26 and 6.27 and the reports and drawings referred to in pamigallis 4.2.1 and. 4.2.2 are not Contract Documents. 1.11. Contract Pace —The money}s payable by 0Wt, i7t to CONTRACTOR for completion of the MA in accordance with the Contract Documents as stated in the Agreement (subject to the provisions cif paragraph 11 9 1 in the case of Ctut Price Work). 1,12. Contract 7Yirns--Thc numbers of dec)s or die dates stated in the Agreement: (i) to achieve Substantial Cormpletitni, and (ii) to complete die Work so that it is ready for Amer] payment as evidenced by I NGINEfiR's written recommendation of final payment in accordancc with paragraph 14.13. 1 13- CCOtd• UC'IM—The person, firm or corporation with whom OWNER has entered into die Agreement 1.14. defective -Art adjective which when modifying the word Work refers to Work that is unsatiafactrny, faulty or deficient in dart it does not conform to the Contract lhnuumMS, or does not meet the requirements of any mapeaiion, reference standard, test or approval reterrect to in the Contract Documents, or has been damaged prior to ENGINF,ER's reoommartdation of final payment (Unless, respansiTiisity for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10), 115_ Dmwings--The drawings which show the scope, extent arc] character of the Work to be furnished and permed by CONTRACTOR and which have been prepmcd or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings tyre not Drawings as so dofuted. 1.16. Effective Fate of Ate Agiwraent—The care indicated in the Agreement on which it hecYrnes effective, but if no such date is indicated it means the date on which the Agreement is signers and delivered by the last of the two parties to sign and deliver. 1.17. EM-OhMEER—The person, harm or cor>ortmon named as such in the Ahreeaucm, 1.18. E:4C:rIATER's Cmisuitunr--A perxrn firm or cOrp onaton haviing a contract with it) furnish services as ENO NEER's independent professional associate or com ill mt with respect to the Projed :and who is identified as such in die Supplementary Conditions. 1.19 Field Order -A written corer issued by ENC3MUR which orders minor ctamges in die VVork in accordance with paragrapnh 9.5 but which does not involve a change in the Contract i rice or the Contract Tuncs. 1.24. Oeneial Regnireaxents—Suctions of Division 1 of the Specifications. 11). Harardoias gleasie—The tent llnzmdous llraste still have the meaning provided in Section 1004 of the Solid Waste Disposal .Act (42 USC Section 6%3) as amended from time to time. I.22.ta., Lams and Regulatioiu; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental txxlies, agencies, autlaritics and courts having jurisdiction 2>^.b. I.eral 13glidnlu'- stall llt.- husc.? o�lidv ,4�7ed by ihe,City cif Fort Collins. 123, Lietn—Liens. dial) security interests or encumlxanms upon real property. or personal property. 1.24- Okstate--A principal event specified in the Contract Documents r&U%to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Not ce of Award -•A written notice by OWNNTsR to tine apptnnat successful bidder stating that upon compliance key the apparent su=%fd bidder with the conditions precedent enumerated thereirt, within die time specified, OWNM will sigh and deliver the Agreement. 1 26. Nonce to Proceed —A written notice given by OW'Nl1t to CONTRACTOR (with a copy to 1 NGINIMIz ) faxing the date on which the Contract Times will commence to run and an which CONTRACTOR droll sort to perform CONTRACTOR'S obligations under the Contract Documents, 1.27. OIINER--The public body or Authority, corpomiion, association, firm or person with whom CONTRACTOR has entered im tine Agreement aril for whom the Work is to be provided. 1.28. Partial Ulilfza#on-Use by OWNER of a substantially completed part of the World for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1 29 PCBs —Polychlorinated biphenyls. 1-39- Petroleum —Petroleum, including truce oil or any fraction thereof which is liquid at standard conditions of ten}}o.erature artd pressure (6li degrees hahrcmlieit and 14.? pounds per 'quire inch absolute), such as oil, p etrolcum, fuel oil, oil sludge, oil refuse. gasoline, kerosene and oil mixed with other non-flazard<ws Wastus and crude oils. 131. Protect —The total construction of which the Work to be provided unaer the Contract Documents may be the whole or A pan as indidalted elsewhere in dw Contract Documents. 1.32.a. Rithoachve Matenal—Source, special nuclear, or byproduct material at defined by the Atomic Energy Act of 83arU4'titNMAL CONb1110M 1914-8f 1990 Sduati w'r1'rY OF FORT cda.t.i mac Mdx)trtCArtatn acy.erzaao) 1954 (421)SC Section 2011 et seg) as amended teen time to titre, ply b Re .grrr llonHrng Heim Rcplar workit it sus = d 7 khu t tU QO m csa utfurw se specified ui doe Getml 12a ttemont. 1.33. Rvvident Pivjec't Reptswntativo—The authorized representative or fiNGINEER who may he assigned to the site or any part thereof 1.34. Samples-11hysical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will he judged L35. Shop l)raatngs-All drawings, diagrams, illustrations, schedules and other data or information MWhich are ���ecc'i6cally prepared or assembled by or for btpl ACfQR seal submitted by CONTRACTOR to ilhistrate some portion of the Work. 1.36, Specicadons—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipmett construction ". ems, standards And workmanship as applied to the Work and certain administrative datails applicable thereto. 137, Subcwnoweton-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractw' for the performance of a pan of the Work At the site, 1.38. Srkatrmtlal Completion —The Work for a specified part thereof) has progressed to the point where, in the opinion o BNOMER as evidenced by ENGIN ER's definitive certificate of Substantial C letiork it is sufficiently complete, in accordance with ihe�ttract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENOMER's written recommendation of final payment in accordance with paragraph 14-13 The terms "substatrtially complete" and Nilistantially onmplete$' As applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplenremay Coiditions—The part of the Contract Documents which amends or supplements these Genera I Conditions, I Ail. Supplier —A manufacturer, fabricator, supplier, distributor, matertahnan or vendor having; a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or egttifanern to be incorporated in the Work by CONTRACTOR o Any Subcordractoi. 1-41. thidergrouxd Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or othe such facilities or attachments, slid any cncasements containing such facilities which have been installed undetWound to furnish any of the following sen'wes or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, trafrx or other control ", ems or water. 142. Unit Price Work -Work tip he paid for on the Lusk Of unit prices. 1.43, Wo1id-The entire completed construction or the various separately idantifiuble huts thereof inquired to be funvshed under the. Contract Documents. Work includes anti is the result of performing or furnishing labor and furnishing and ircorpnrating materials and equq>ment into the wrstrt ctiun, and perfonning or furnishing services and furnishing doctuments, all as required by the Contract Documents. 1.44. War' Clronge MrYcdve--A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by GINEER, ordering an addition, dcetion or revision in the Work, or responding to difeing or unforeseen physical conditions under which the Work is to be perfumed as provided in pimgnaph4.2 ce 4.3 or to emergencies under paragraph 6,23. A Work (charge Da cctive will not change the Contract Rice or the Contract. Times, but is evidence that the parties expect that the change dincted or documented by a Work Change Directive will be incorporated in a sub"iently issued Cdiangge t:)rder fofhnvung negotiation by the partics as to its efiecf, if any, on the Contract trice or Contract Times as provided in paragraph 1 0.2. 1.45. A'rftren Amen.4nont•-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or abet the Eftiaive Date of the Agreement and normalbs dealing with the noncnginecring or nontechnical rather than strictly construction -rotated aspects of the Contract Documents ARTICLE2-PREIINUNARYMATTERS Delivery of Boot S': 21- When ( ONt'RACTCki delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to 04§DER such Bonds tb5 CONTRACTOR may be required to furnish in accordance with paragraph 5 1. (copies of Documents: _ OA iCE.'K shall Punish to (7ONTItAC'T()jt up to ten copies (unless otherwise specified in the Supplementary (.mditiois) of the Contract Documents as an, to isonahl) oecessmry for the: execution of the Work. Additional copies will be larriahcd, upon request, at the cost of reproduwtion, COInnaence ment ef'Cbnova Tirade; Notice to Prveeed 2.9. fix Contract Times will commence to run on the thirtieth day after the Effective (Date of the Agreement, or, EJCDC <iE,'d"01, k QN[ IY7 IS 1910-5 (19W J1 dAiaaj w101-• OF roe r CT)r.t,1N.5 nicmUt C,A ports (xt v 1 rinom> if a Notice to Procecd is giver, on the day indicated in the Notice to proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreemeat. 1e---act--evant�-.avill -the--�,enttaei-.'h"imea dammenao- tva�kan4laeH�ira i�lratavetkY.dae �y of Bid opening -or -the thirtieth day after -the Rifective-Dine adthe-Agremerlt.-whiehevefdate, isearfien, Starting the Ii'nttr: 24. CONTRACTOR shall start to perform thr Work, on the date when the Contract Tines commence to run. but no Work shall be dare at the site prior to the date an which the Contract Times cotumcrwe to run. Before Marring Com4ruction: 2.5. Before undertaking each rt of the Wok, CONTRACTOR shall carefully stug and compare the Contract Documents and check and verify pertanant figures shown thereat and all applicable Geld measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, onto, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written integxetatiou or clarification from ENYIINEER befoe lialeding with any Wok affected thereby; however, CONTRACTOR sba nor be liable to OWNER or ENGINEER for failure to report am, conflict, error. ambiguity of discreppa�ncy in the Comma Ducurner� unless CONTTRAC I OR knew or reasonably should have known thereof. 2.6 Within ten days after the Effective Date of the Agreement (unless otherwise specked in die General Requirements), CONTRACTOR shall submit to ENGINEER for review. 2.6_1, a preliminary progress schedule indicating tine times (numbers of days or dates) for starting and completing the various sggea of the Work, mehuding any Milestones specified in the Contract Docwnerus-, 2.6.2, a prelimimry schedule of Slop Drawving, and Sample submittals which will list each required submittal and the times fa'submitting, reviewing and processing such submittal; ZU t_ Jn ns nn_ae will,,, a ;�IVA1a aced plc winch _anion}s hem Lhgn ?l talc r 4WS—keach rzvietsr by 13nai mers. 16.1 A pivlaninary schedule of values for all of the Work which will include quantities and prices of items aggregating the Conuxct Price mid will subdivide the Workinto component parts insufficient detail to serve us the basis fa progress pityments during pristruction. Such prices will include an appropriate amount of overhead aril profit applical.1c to each stern of Work, 2.7. Before any Work at the site is started, CONTRACTOR and--G)WN&R- shalt each deliver to the other O<4 with copies to identified in- the -Supplemenmry-GanclittonsBNGfN R, ccrtiticates of insurance (and tether evidence of msttranoe reasonably 1,tturost t ley 01hN IM, which C'ONTRAC'fc71t-and ( rely see is mgttixcci to purchase tad maintain in accordaice with paragraphs 5.4,, 5 6 and s J. FreconaUttoxion Conference: 3. �. 1�itlrui twenty days after dx Contract limes start to nun, but before any NVork at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will he held to establish a working cuderstarutuig among the parties as to the Work and to discuss the schedules referred to in paragraph6, procedures for handling Shop Dranvinpys and other submittals processing Applications for Payment mid maintaining required records. Infrdadly Aceaputabde Sehednder: 2.9, unless otherwitse provided in the Contract f)a urns as at -least -ern days Ilia fitr rt Applheatioi-for-Payment before any work at the site begins, a oonfcrcmce attended by CONTRACTOR. ENGINEER and others as rVITiate d QWhii3R, will he held to review for acceptability to lsNOTNEER as provided below the schedules submitted to accordance with h26 gu�3sgleA.RnjCM. CR-all have an additional ten days to make corrections aril adjustments and to complete and resubmit the schedules. No progress payment dell be made to CONTRACTOR until the schedules site submitted to and acceptable to F?NGINUER as provided below, The progress schedule will be acceptable to ENOINEER as providing an orderly progression of the work to completion within any specified Milestones and the Corttraet Tunes, but such acceptance will neither impose on F.NGINRE;R responsibility for the in schedulirig or progress of the work nor inter wtth or relieve CONTILkCrOR from iYDNTRAC-fOR's full. responsibility therefor. CONTRACTOR's schedule of Shopp DmwLtg and Semple submissions wifl be acceptable to 13NGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRAt:TOR's schedide of values will he acceptable to ENOItNtEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENT'S. INTENT, AMENDING,RLISE Intent: 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR cowermng the Work. The Contract Documents me complementay; what is catled for by one is as binding as if called for by all. The Contract Documents will be constniedi in accordance with the law of the place, of the Project. 3 2 It is the intent of the Contract Document; to [i'iCUC(3.tla[:ant. CONJUXTIOiC 19w4 ovK, Ediiimi wtCl TY OF FORTCY AANS NIC"FrC,.ArIONS(REV A 0000) describe a functionally complete 13aijea (vr part that) to he constructed in accordance with the Contract Dccumems, Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically culled for. When words or plusses which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, suds, words or phrases shall he interpreted in accor(l:mcc with that meaning. Clarifications and interpretations of the Contract I )wuments shall be issued by ENGINEER as provided in paragraph 9A. 3.3. Reference to Mandardc and -gmcifuoadons of Technical ,Societies; Reparling and Rescibing 3.33 Reference to standards, specifications, manuals or aides of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shell mean the latest standard, specification, manual, code or Laws or Regulations in effect at'the time of opening of Sills (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Ccnaact Documuerts 3.3.2. It', during the performance of the work. CONTRACTOR disccivers any conflict, error, amblguity or discrepancy within the Contract Documce ft or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the work or of any such standard specification, manual or cote or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writog at once, and, CONTRACTOR shall not proceed with the work affected thereby (except in an emergeriy as authorind by paragraph 6.23) until an amarudnterm or supplement to the Corititict Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6: provided, however, that CONTRACTOR shall not he liable to OWNER or ENGINEER for failure to report any such conflict error, ambiguity or discrepancy unless CONTRACTOR knew or masorably should have known thereof 3.3.3. Except as otherwise specifically stated in the Contract Documeno, or as may he provided by arneidment or supplement thereto issued by one oflhx methods indiicated in paragraph3-5 or 3.6, the provision of the Contract Documents shall take precedence in resolving any conflict, error, amlxiguity or discrepancy between the provisions of the Contract Documents mid, 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3-2. the provisions of any suds Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the prox isiorts of the Contract Documents would result m violation of awh 1,aw or Regulation), No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or EN(}1NEER or any of their subcontractors, consultants, agents or employes from those sea forth in the Commct Docunicnis, nor shall it be cfT" ivc to assign to OkMiR, F2 OUNTEER. or any of ENGINEER's Ctmaritaos, agents or employees any duty or authority to supervise or dnert the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the Provisions of paragraph 9.13 or any Wier provision of die Contract Dcwtur eats. 3.4. Whenever in the Conuact )documents the terms "as ordered', "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable". "suitable", 'acceptable" "profiler' or "satisfactory" or adjectives of like eMct or import arc used to describe a requirement. direction review or judppnent ofhNGINFLR as to the Work, it is m4mided that such requ remote direction review or judgmerm wilt be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Docrmtetts and conformance Wit the design concept of the completed Project as a ftmctioring whole as shown or indicated in the Contract Doommeas (unless there is a specific statement indietaing otherwise). The use of any such tenn or adjective shall not be etfective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to unckrtrike responsibility contrary to the provisions of paragrrph 9 11 or any other provision of the Contract DoourmenEs. Amending and Supplementing Contract Documents 3.3. The Contract Documents may be amended to Provide for additions, tle"letior» and revisions in the Work - or to modify die terms and conditions thereof in one or more of the follmrrig ways 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or >racix; �hveutnt, c�y�txncrts I sto�a rI boor Er6riai) ao taro cn� tact r e�tu:�s �tnittirn iioivs tatty a.anaar 353. a Work Change Oiroctive (purswrit to paragraph 10, t). 3,6 In addition the requirements of the Corset Doc:umoits may be supplemented, and minor variations anti deviations in the Work may he authonrsd, in one or more of the following ways: 3.6,1. A Field Order (gua scant to paragraph 9.5), 3.61 ENGINI:ER.'s ap>f owd of a Shop Draunng or Sample (pursuant to psragraphs 6,26 and 6,27). or 3.6.3. ENGINEEMs written interpretation or clari%nnon (pr mmnt to paragraph 9.4). Reuse of Docamentt. 3.7. CONTRACTOR, and any Subcontractor or Supplier or ether perm or organization pertbrmirt# or furnishing any of the Work under a direct or indirect comaet with OWNER (i) shall not have or acquire any Title to or owns shi r00 in any of the Drawir s Specifications ar other documents (or copies of any thereoo prepared by or bearr'ng the seal of HINGINEER or FdvGTNF,F,R's Consultant, and (iv shall rtot reuse any of such Drawings, ' ftcatt -ether doctimeras or copies on ert�ttshora af.Project or any other project without written consent of OWNER and ENGINM and specific written verification or adaptation by ENCIMER. ARTICLE 4—AVAUG RIMY OF LAND$; SUBSURFACE AND PHYSICAL COMITIONS; REFERENCE POINTS lvailabik, of Lands. 4.1. OWNER shall fwnisk as indicated irr die Contract Documents, the lands upon which the Work is to be perforated, right""' -way and easemarts, for access thereto, and such other lands which are designated for the use of CONTRACTOR Iir+on-reastrrmble-wrvtra,a.rraues� O44TS1zR shall identify any encunrbrancs or restrictions not of general application but specifically related to use of lairds so furnished with which CONTRACTOR will have to comply in performing the Work Nisements for permanent structures or permanent changes in existing {acilincs will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. if CONTRACTOR acid OWNER arc unable to agree on entitlement to or the amount or extent of any adjusuncnts in the Carrract Price or die Contract Times as a result of any delay in OWNEIVs ftirmshin these lands, riglmf- way or casements, CONTRACT' 3R may make a claim therefor as provided in Articles I I mind 12. CONTRA(7r()R shall provide for all additional innas and access thereto that may be required for temporary waistruction facilities or storage of materials and equipment ,k2. SuhsrmjzeeandPhysicalC'omiltionx- 4 2.1 Repods and Draivings: Reference is made to the Supplementary Conditions for identification of: 4,21 1 SubsurOov Carr&n ms: Those reports of explorations and tests of subsurface conditions at or cost taus to the site that have Ivan utilized by l�iQ�. "ER in preparing die Contract F)o umenM and 4.3.12. Physical CLwditlorts, Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underggrroouund F'acibtiea) that have been utilized by ENIG12MM in preparing the Contract Ikncuments. 4.2.2. limited Reliance by C'C)iV7I4CTO)R Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical nine" contained in such reports and drawings, but such reports and. drawings are not Contract Documents, Such "technical data" is identified in the Supplementary Conditions. Exceppt for such reliance on such "technical (its", CQ1vTRACTCrR may I not rely uPon or make any claim against OWN1 R, ENGINEER or any of TS'NGTNI' fiR's Consultants with respect to: 42.2:1, the completeness of such reports and drawings for CON7RACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and Procedures of rwstruction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.12, 2, caher data, imerpcetatirim ogrinions and udomiation contained in such reports or shown or indicated in such drawings, or 4,2.2.3 any CONTRACTOR interpretation of or conclusion drawn front arty "technical data" or any such dntn, interpretations, opinions or information. 4 2.3. Notice of Lh/%ring Subczrr%rage or Finical C"oniiti(w.5. 1f CONTRACTOR believes that tmv subsurface or physical condition at or dotti`quous u-i the site that is uccovered or revealed either. 4,2.3.1, is of such a naturre as to establish that any 'technical data" on which (7CYN'1'RA(`['OR is entitled to rely as provided in paragraphs 4.2,1 and 42.2 L5 materially inaccurate, a 4.2.32. is of such a nature as to require a change in the ConVaci Doc ument�, or 4.233. ditlers materially from that shown or raca�c>}t;tmrznt. cosntnat� tyro-s tts�e sdia«tit w1 r't t'Y OF FORT C'f]t.i.J N3 �t(L:111 tCA ttC}AL5 (,Itt�4 A ��2tXXJt indicated in the Contract Documents, or 4.2.3A. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogtimd as inherent in work of the character provided for in the C'rett set Doctanents; then CONTRACTOR shall, 1soatlttly Jain 'Iediate'ly after Lwcorning aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as ppeermitted by pamgmph 623), notify OWNiR and FMINEER in writing about such condition. CONTRACTOR shall not further disturb such.eondinons or perform say Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGIMER's Review: I NGIi'vEER will promptly review the perimett conditions, determine the rtccassity of gAArlv'ER's obtaining additions I exploration or tests with respect thereto and advise OWN%R in writing (with a copy to CONI RACTOR) of F2siC}INE M3 findings and conclusions. 42.5. Passible Confrad Docwnents Change: If ENGINEER concludes that a change in the Contract Docum ants is required as a result of a condition that meets one or more of the categories in paragraph 42.3, a Work Change Directive or a Change Order will be issued as Provided in Article 10 to reflect and do,cumem the consequences of such change, 4.16 Possible Price aid -Dines A,#ustrnents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required forperfbrmance of, the Work; subject, however, to the following, 4.2.6,1. such condition must meet any one or more of the Oskjories described in paragraphs4.2.3.1 through 4.2.3.4, i clusive; 4.2.6.2 a change in the Contract Ikx umcnts pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 42.6 3_ with respect to Work that is Ivud fo on a limit .Price Basis, any adjustment in Contract Price will be sulijed to the provisions of. paragrapins9,loand 11.9,and 4.2.ta4, CONTRACTOR. shall not be ctrtidf d to any adjustmem in the C'cxnrici Price or'rimes if, 4204,1. CONTRACTOR knew of the existence of such condition at the time CONTRA(I'OR maele, a final commilment to OAA'NER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated umtract; or 4.2 641 the existence of such condition could reasoably have been discovered or revealed as a result of any examination, invcstigHtiM cxptorutiori, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Docctnternts to be ccnduc-hod by or for CON'TRA(.fOR prior it) CONTRACTOR's making such final cramnamentt or 4:2.6.43: CO1JT'RAM-OAR failed to give the written notice within the time and as required by paragraph 42.3. If OW'N.E 2 and CONTRACTOR are ""u}�n��ayb��le to agree on craitlemem to Cr as to the amount oor7"' of any Such equitable a4ustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articics 11 and I! however, OWNER. ENGINHER. and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on at in connection with any other project or anticipated project. 4.3. Physical Con ifidanx.-UndergroundFacilities: 4.3.1. b7toxn arindacated: The information and dam shown or indicated in the Contract Documents with respect to emAing Underground Faciliies at cr contiguous to the site is based on information and data furnished to OWNER or ENGiNEER by the owners of such UndoWcai d Facilities or by cxtim, Unless it is otherwise expressly provided in the Supplementary Conditions. 43,1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of airy such infort midn or data-, erns 4.3.11 The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have hill re,. rfruilility for: (i) reviewing and checicing all such information and data, (ii) locating all'lhxier�ound Facilities shown or indicated in the C..ontract Documenta,(iii) coordination of the Wont with the owners of such Underground Facilities during construction, and (iv) the safety and pfurtection of all such Underground Facilities as lwovided in paragraph 6 20 and repairing any damage thereto resulti ng from the Work. 4.3 2_ Xot Sroirn or lisficated: If an 'Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Dooauonts, CUN`f12ACfOR shall, Promptly immediately, after 1,econin g aware thereof and before further disturbing conditions alfccted thereby or Performing any World in connection therewith (exx i in an emergency as required by paragraph 6.23p}, identity the owner of such UudeWound Facility and trd°CfCGI aXaliN. CrJNDt770N$ i91oo o9w tmioo wt01YOFR*TUAL{,tAt5 M(7C)IF1CA'lld)NS (RE•P Ra(ar) Kge written notice to that owner and to OWNER and GINEMR. ENGllsWR will promptly review the. Underground Facility and determine the extent, if any, to which a change is required in the Contract Doctunents to reflect and document the consequences of the existence of the, Undergrowtd Facility. It. a0j]NEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article to to reflect and document such consequences. During. g. such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facihryry as Provided in �nmgraph620 CONTRACTOR shall rya be allowed an increase in the Contact Price or an extension of the Contract Times, or both, to the extent that they are attributable to the cxistence of any Underground d Facility dot was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been ted to be aware of or to hare anticipated If OWN 3R and CONTRACTOR are unable to agree on entitlement to or the amount or length of any staff ustmerd in orittact Price or Cormaot Times, 00 ad�CRAC`fOR may make n claim therefor as provided in Articles I and 12, However, OWNER, F.N('TR4M and F,NCYNEF,R'a Combats shall not be liable to CONTRACTOR fir any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in co necdor with any othet' project or anticipated project. Refescnce Paint= 4A. OWNER shill provide engineering surveys to establish reference points for co nstruetion which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with tilt: Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and stall make no changes a relocations without the prior written approval of OWNER. C'ONTRAC`IOR shall report to BNGINEER whenever any reference point is lust or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference prints by professionally qualified personnel. 4.5. AsbWos, PCBs, Petroleum, hCaturdew- lVaite or Radioactive Material: 4.5.1. OWNER shall be regxnsible fo any Asbestos, PCA)s, Petroileum, hazardous Waste or Radioactive Material uncovered ur revealed at the site which was not shown or indicated in Drawings or SpLcifrcations or identified in the Contract Documents w be within the scope of the Work and which may present a substantial changer to persons or Pr operty estlos d thereto in correction with the Work at thh�e sao. OWIMR. shall not be responsible for any such materials brought to the site lr CONTRACTOR, subcauractors, suppppliers o� anyone else fix whom CONTRA is respcarsibie. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the One Hundred (100) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Five (5) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($2,874,853.69), Two Million, Eight Hundred Seventy Four Thousand, Eight Hundred Fifty Three Dollars and Sixty Nine 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 4-;i;;:-4;(�l't-1�\�1=EiR-IFititmadit+tely-�ij-stupall ur-any -arm affieted duirebY- F tn-nn ct---- are rend hy- -- iaanstnotatilt --wntit�} t3WNRR-ethall proraftly EAiFrI6R cenoerttiag the-neeessit} lour cA',4s'I�FsR-te-reteir+a+-<gaalirrtad a*ttpvrt•ac*avexluataa�¢h ha3vnkaus uenditie sex raw sal r borrestivaatstion;-4- flfw, C.CkJTItA4 IR-ske&Wok be rcquired-to resume Work in aanection wither lraaaianndittan or n4aty such -a has-oble neii ah re tiirecl- sr -related- eu W-dMiverecl-to VTdtA& F�<-5gaeiul•avritian-sitjtiear 4i3sp�sfyin that Sauoh condition and -any -alfaoted area is or has been, rendered a-- fur, -dw -resumption-af-- WaA....or (it)s�tt*iris-airy-speci<t6 tdittonsunder-�vluelisash Wew WNTRAGTOR- fTet-�to-ertitiattemte-or -mount of exim. 11 W aad0E-xAV48h wiielf in �a eEl ea't�i�make -a-claim-therefor-as-prewi4edan RA�F()R dttas notagree a resame-fir-work etvtdttions, .then OWNER-array-cudeir each _.. of di esntit+on-or in-st+ah aifft"area-to be-mded...liexn agree -act-uxtuitlemerttto or dna amaunt-or extant elan a.: or Gentrao4im" either,-paay Wray make a olefin -therefor as pill in tlrEielea i i -deleted pertiEvr-el -tlfe-Wad-pert'san %reesa r ctlneas in aaaer<lanaa with MWe-7 4_ 4 ko Ragerlationg;---OLVA:Islt fy--grid--paid harmless...--tC�1STi'�1L�--- Sutic tsrka� s-ao`e officors;' t etc - en>Nleyt -'-eSents ot}tci eumstiltante and suhsonutwtars. of each and any... of them --#ram ar>flegni>r�t-aN--elain*s� eus�-lea-av>fl Owntnoglrgawr;- 445,---FMe-ylro isians.al pa rapha 4 raid 8 d-are nat-a Iy-fen.A te�tta!k- -# *:-l�etroletatr; or revenledat-Atomic ktGt)4f3L'NF[tAG 4�0?rgrrtQt i 3(1990fidllial) W Ci lY(7r FbaicX.1tt.IWS NL517111tCAl1C1NS tRl%,4 f.26aaY ART ICLU S -1KXNIXS XNII INS'UitAN( E Performance, Ptivment and Other Bonety: 5.1, CONTRACTOR shall furnish Perfannance and Payment Bonds, each in an amowu at lost e,*al to die Contract Price as security for the faithful performance and payment of all C ONT RAC:I'OR's obl' attwis under die Contract f ocumentti Tbese Btmtls x1 remain in effect nt least until sine year after the date when final payment becomes due,. except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRA( -MR shall also furnish such caber Bonds as are requiredby the Supplementary Conditions. All fionds shall be ar the fix a prescribed by die Ckummu Doctune is occopt as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies hold" Certificates of Authoity as Acceptable Sureties on Feat Bands and as Accephibie Renstirrng Companies" as bfisfud in Circular 51(t (amended} Try the Audit Sutl Bureau of Govermnent Financial Operations, U.S. Treasury Department All Bonk signed by an agent must be accompanied by a certified copy of such agent's authoity to act. 5,1 If the surety on any Scrod furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any sate where any part of the project is located or it ceases to meet the requirements of paragraph 5-1, CONTRACTOR shall within ton days thereafter substitute another Bond and surety, both of ciehidt must be acceptable to OWNER, i.3. Licenswd Sureties and Insnren; Cerfi icat" of Inswmnca: 5,3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety, or insurance compimues that are ding licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies fur the fimits and coverages so required. Such ;surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary C'otulitious. 53,2 C'ONiRAC'TOR shall deliver to (', EIl isith copies to each additional insured identified in the Suppleinenlixy Conditions, certickatcx of insurance (and other evidence of insurance requested by OWNEW or any other additional insured) which CON'TRACI OR is required to purchase and maintain in accordance with parabrapli 54. OWPb shall. delwer--to.. k- t3At4 R >k;;T(�17i.._wii#•-art s tom• -waft additit+rail--insttred-identilis�-act.-du;.. ba�wneritary C-oncltkiant�--atuX+ftsrttas--of—in+awanoe- l--cr€Iter ewidanaaat=iauuuruwae�uestedliwGL�w'�F� er-anY-tstlier-arlditccnttal -tnuurtx}}--+sMrth�4IWh:TsR: -is paragraphs-5: €nand3-7-hereof. COPYTRACTOR's Liability Insurance. 5.4, CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out Of or re%dt ffoam CONTRACTOR's performance aril furnishing of the Work and C'ONTRACTOR's other o>Uligations under die Contact C ocumemx whether it is to he performed or furnished by (X)NTRAt:TOR any Subeontnrcior or Supplier, or by anyone directly or indirectly employed by any of their to perf(umt or tarnish any of the Work, or by anyone for whose acts any of thern may be liable: 54.L claims under workers' compensation, disability benefits and outer similar employee benefit acts; 5-4.2. dims for damages because of bodily injury, occupational sidcnesx or disease, or atb of CONI TR.ACrOR's employees; 5.43, claims for damage because or bodily injury, sickness or disease, or death of any person other than MNTRAtTOR's employees: SAA--clairim 4or-, dnmWes vtsured.__by--custernmy Iiii-avory smitue l:° indirectly.. related -to the-amploymem of such person, -lw �-P®tae€t'tnr any other-reasc3n 5.4.5, claims for damages, other than to the Work ksalt because of injury to or destruction of tangible property wherever k- ated, including loss of use resultingthereftomr, and 5 4A claims for damages because of bodily injury or death of any,person or property damage arisi%out of the xship, maintenance or use of any motor vehicle, The policies of insutnce so required by this paragraph 5A to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 54.6 inclusive an4 SAO include as additional insureds (subject to any customary esciurion in respect of professional liablitv), O4 \IiR hIvGml , ENGfNErR's C'onvsulZants and any other persons ur entities identified in the SUpriententary Conditions, all of whom shall be hAed ns additional insureds, and include coverage for the respective offices and employees of all such additi(nal insuredk, 5A.S. include the specific coverages, and be written far not less than the limits of liability provided in the. Supplementary Conditions at required by Laws or Regulations whichever is greater; 5.49. include c(mpletedoperntions insurance; EJCUC%N1"A,,V.CON1X110N'3 1 9 10-8 ("WoEdipa) W" Cl IY OF H "t I tY, LI 11QS h1(9DtFt CA110N5 (REy 4:20IX1) 5.4.10, include contractual liability insurance covering C.ONTRACTOR's indemnity obligations under pamgmphs 6. t 2, 6.16 and 6.31 through 6.33; 5.4.11 contain a provision or endorsement that the coverage a$eaded will not be carcellecl, materially changed of renewal refused until at least dusty days' prior written notice has been given to OWNER and CONTRACTOR mud to exiuh Other additional insured identified in the Supplementary Condiaiems to whom a certificate of insurance has been issoed (and the certificates of insurance tarnished by the CONTRA( rOR pursuant to paragraph 53,2 will se lrovlde); 5A.12. remain tit uffNA at least until final pa Inertt and at all times thereafter when COOT URACTOR may be correcting, removing or replacing defective Work in accordatim with paragraph 13.12; and 5,4.13. with respect to completed operations inaw-ame, and any insurance coverage written on a claims -made basis, retrain in effect for Fit least two years after final payment (and CONTRACTOR shall punish OWNER and each other widitional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OV,>MR and any such additkrunl irmired of continuation of such insurance at final payment Find one year thereafter). OW7VEW$Liabiklnwraooc, 5 5. In addition to insurance required to be provided by CONTRACTOR uttder paragraph 5A. OIA-11 t, at OWNEWs optioom may purchase and maindaht at OWNER'S expense OWNER's own liability insurarwe as will protect OWNER against claims which may arise from Operations under the Contract Documcnm Arope Ky Insumnee: 3d f3nlma-ctaKase-previd-iivt4taFWsPiententery Bond&tfenrs-- 63WP"f31�,-siaaiL...�us}nex+- -owl---xtAiraaitt of.-.the-7M eapineemwat-s iheteof (subjeea to swsla deductibleamountsasmayIse.-provided in- .the Supplementary rincktie or regttir k} -Fewer--end R�uknEieo-se�:-_ f]tia atsutnt»lmll- 56:h-malude- the----utlerenb ..-.ef __OWd*ER—, (-F�"l ItAC:,T()l't�; -,Stthaontractcrs.—R}*it4lAFhlsR2 izNErA�iF'siif�'a •f.Fitt€.itltanEs cell -rely eerier-f3errxatu-dr w"ies-idewttfted tn-the-Suppememary-(;owddi(ms: each of -whom -is -deemed io latwr aw its treble interest ancfalxtll�lir,red®e.«tm-irtsttsecf eraddkictmtl-intFireed; +Ci:�- � umiwon-out--a }3tdldda's-hide--all--rt�t=er tntrtta-ln(rilti�twxes ci�lurr-puiiw-ftxm-EEwE shell-ot-k+astwwluele-insursrwe� fwc- pi3yaise}�Joes-crf ���e k r�+-Work_ Eznrperntt� lclittgs fir# the - -following perils; lie;-lightnintg, etateMed 9 otwarege-tk,�#- v+l�nt-t�-tna[[t�tiat+s-nz�cheE OGNsioned by ertFtrreemau-o€,bawe and -Regulations, water --damage: -s, OF--feR -es mn} -Ise etda�tav; sg:3-aneltte�-¢ems-iFnattrreal--irr-4h¢--repair-•er t o4'nnY.iaustte++d--HFaN'�S`f� �taL not. Itmittad--ta--€+9es-s>n<d- r�ex--c>€-ungtne¢rs-and etl-al-ttxasit¢ aF at anathaF loeancrt}aK -was-egrcecl t( n-yarn by f��--ltFiar-�- lx+in�-itaoat�?cret®d-- provided that that-suoh-materak-nndeyuipment have -been e++:laded-+n an-,�ppliaatien #far--Payment-Feaomraended hy-I`NG@dJe€sfi; aM 3:5-5:-Jmanteintairxd-eaeiteut..._tutHl-4etnl-eneN-is 4GT.QR mad ziap=R with odw additiom we4 .4 s-baeo iramd: -thowruehese-and-mainutin-wtek-boiler and foe" 4---m-Wo OF additie"M Ire". immmme ten-stag-ba-ra�aiFad-by'-tom �tglrlant�taFY•E`,enditiona-©F RNGINEWs Carmiu atcsatW any other-porsom or entities GAS isdeemultehavean-itt9++mF+laWo4;hW#b 4 e d a s 5.9 OWNER shall na be resgaansibte for pwchasmg and maintaining any sty insurance to protect the mtetests of CONTRt1(�rOR, Sul m*Utcas a others in the -WEE -to-the-odenu-of- any -deductible-amounts-that are idartfi{ie:l in-tlto-,3applemettary-�.atter - ml'ane- ride -of loss witkm Stich i,uotsble-amtiNatk will �¢ by-4;tdi iTfi.LO713R Sabaettttnukcrc or other» strA'erit-nmy --]ca s rind it stay-4A4ham--wi4w proporty� instimnoa average.-wiHtin tke limits---of-such--v<annants; edr•tway pmrehnaet*#-miuf in it i the-1 atatiituer,(win wqesnsa. s;d{}_._._l€{�.AEFpI�--a.�s-ut-tttitang-fltM- �at ���..`idbd--andRr• gnregtxt}Its a,4i-ar-�i,�, �i��:]�i s}N'll;•-tf'-•�cvi9iklfr,� e-"ancl"tlle"'east (7tange--Order or--Wtntten mwAmenGnt, Prigg to 10 WCDCMNUW, COND191010S1910-9 t1990 Ldtiatl w, c'x'n� nr roar cxx�.ttas!ttanrt=tc:artcw_s 91r'i' anera> csrnn+e+�asntAnt-Qf,dw-W-ofk-r F) w N u R,tj l 4a +va&ng-� dns itanaFtrtee dtt� liaetrproaureA-by-0WNER: s d t:1;.._E3"NE -an(Wcalti-Fl2AC4OR intend that ell pol{at��tuellti+rae+�clttnoa with-Parr+gtng}tr5.E+ and--#:7-µall-protc�t--b>)Ur`NfisR�-G4�G4��1� Suhemtreetom --_- iGIt &- .-isWINEEks C'anectltemtn and nl} otheF�Fssnna eu antitiar.,identiited ua-ahe-St+ppletnentsFy- "eteEl -ea im. rein•or-nilditioml,iavweds-m-awh-fWiei� and aKlil-PF�',id"` Pr+mnfy-��vant�,,,.�-.all-..lei-and dntnages-caused by the perils -covered thereby,-- All sank palioi¢s�a I I-eeantain-psev�stataataibae�eat4het in- the -avem-a€...payment <t€...any .lOW..ar-dnFitage...tka the.-....niaweds.--er---a w1m,---hmweda--tlterwnder: ngaittst — -ZOW_ R 1 It ---__&bwn em eERee�'-dii''eator� ernitle5't+e<4-end-egenw--e#-eny-c�' them,-ferr t�f'--asa-m-etHer--aential -doss-..erttar>din8 heytat<t- ducat--ppysieal--loss--eF-dstnttga--a� arast�,-oate€ar-Fesultittg-Gem-€ire er-othar�vla whedierorm)t inwred-b5-OW'NRR; and 51-1-13-- low or--4ttmage--to--tl-cemplot¢d €Yojeat-oil -pan-dwomfeaasetd-by, a oin gk a -of of reatltirtLe--kOM-€na-or-curer-imumd-Mi}•aovere d h}`- an}'-pFapanY-inauran:;e-ea:tfnlainad-tsr-thr eentpl+ated-Ffeject-er-oaf-Ntera+a{-ky-1314IL7�ll durr�-- �r4tal--utattattien - punctneFd.---� R�n'++Db } 4mIG-aNeF-- Stt6gtantnd- Comple#an pwmwntto paragntph,14-9-orate€-tinal-}wrt wt p�z,'unnt iw ptsa�pb.14.�3. +�`-tnnararise finalncy"atainkaintrl-Iw-t=}WAR--e�avcv ialy'!td&e:'-6laini 1�®4tF-G6MifieSja¢IitdaldF�56r@flAid-to-1F7 n the S'-l"I _�itTpFwtsitm +"tt wrwlxlaental-doet: treeinsurers will--have-no--rights-of r�va��agrt ar�-d3�C?l�: �rbsratttr�w�: direr airs -employees and fGmustaf atry-of dram, Receipt andAppheation oflnswunce PiworeA 3.12_ Any insured loss under the policies of insurance regovoJ by pmmgniph,0.6 and 53 will be adjusted with OWN1iR and made payable to ORrh"M as fiduciary ,for the insureds, as their "crests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5,13. OWNER shall deposit in a separate account any money so received, and shall distribute it in acoordancc with such agreement as the parties in interest mny reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Worst and the cost d&rcof covered by an appropriate Change Glider or Written Amendmera. 5.11 OWNER as fiduciary shall have power to adjust and settle any Irss with the insurers unless one of the parties in itaesresi shall object in ringg� nvrdrin fitiee n days after the occurrence of Ion to OWldisR's aetcise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach, If no such agreement among the parties in interest is reached, OW'NM as fiduciary shall adjust and settle the less with the insurers Interest, --CIW:*1}�;R-_as...... t7_.ahnN....give .-bond =fir --the iT-larfartnarteo• - Accelrance ofBondsandInsurance; Option to Replace 5.14. If OWNER has any ol?jecdon to the coinage aftbrded by or other provisions of the BancR-w insurance required to be purchased and maintained bbyy the GQNTRACTOR in accordance wftlr Article 5 on the basiz of noiccmteimance with the Contract Documents, the obj�25'�nY- 1ltX.S_S?NTt?QS�S2L in wtitbnrgg within tent Glum days after mompt ki—my of the Mir sates {er mqaestetP fp_Q requited by paragraph1li. ether -such eadditianel itaetntiett inn tastneat ofansitrattee Partial Utilization —Property Insurance: 5.15. If OWNER finds it ncemarp, to occupy or use a potion or portions of the Work prior to Substantial E.7gfrC GESQi:ReU. GUt4l)1'ItON5 t 910$ E1994 Eoti[iunl W10 YOFFOR1 MIJANa MODIHCA'rat)M4(REV 4t2wn) Catnpletisn of ail the Work, such use or occupancy may he accomplished in accordance. with pemgaph 14.10,,. rovided that no such use or occupancy shalll commence fore the insurers providing the property insurance have acknowletlgcd notice thereof and in writing ellecled any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsemorit on the policy or policies, but the property insurance shall not be cancelled or permitted to [apse on account of any such partial use or occupancy. ARTICLE, 6--CONTRAc rows R SFONS'i13LUUES Snparvidon and Superintendence: 6.1. CONTRACTOR shall supervise, inspect arid direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accadamx with the Contract Doc inetns. CONTRACTOR shall be solely responsible for the means, methods, techniqques, sequences and procedures of cvmtnictkm, but (X)NTRACfORshall not be. responsible for the negligence of others in the design or specification of a specific meam method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Cantraot Documents. CONTRACTOR shall be nesporaible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR stall keep on the Work at all times during its progress a competent resident superintendent, who shalt not be replaced without wTittot noice to OWNER and ENGINEER except under extraordinary circumstances The superinendem will be CON'IRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the ssTu�oantarxiert shall be as binding, as if given to CONTRACT OR. Labor, Materials did Fpiprnent: 6-3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and coistnu:t the Work as required by the ('antra et Documents. CON IRAC'TOR shall at all times mainaiin good disci fine and order at the site. Except as othetwisc requiredd for the safety or protection of persons or the Work or property at the site or adjacent thereto, aril except as otherwise indicated in the Contract l )ocuments. all Work at the site "it be perfumed during regular working hours and i'(:)N`rRAC'7'OR will not permit overtime work or the performance of Work of Saturday,. Sunday or arty legal holiday without OWNEWs written consent given after prior written notice to ENGiNEER, CONTRACTOR shall submit reauests to l F CfMER rn lees thagn_43_ Il4arrsin advagcc of_an} ti�t+fk._ta_. Ix ucrfonned on Saturday Sun l3olidays r acroside tp ie RWlar Workmg 1•faurs. 6.4, U14M odwri ise specified w the General Requircmncnts, CONTRACTOR shall furnish and assume full respcnnsibilil?, for all materials, equipment, labor, transportation. construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all. other facilities and incidentals necessary, for the furnishing, performance, testing, start-up and completion of the Work 6,4._I,,, )'uru}atging Restrcliom t.t�}l<TRAGl'(3k must comply with the Ciq,'s purchnsm, restnctams A ggpy _of th;�esoluticars are ayitAgble or MyLcw^ in the offices of the Parchasing and Risk Mnnaagement Divisipn or-tl)e City, Ckl 's flux. 6.4,2,_ Cement kcyttricfions: City Fort Collins Reuoluttun 91 1' i requues dart sutmlrzts erg �cers of cement ar prcoducic the peatActnitsinicemetw cargly at thahp burnt talzar"swale as. a fool 65. All materials and equipment shall he of good ,"lity and now, except as otherwise provided in the Contract Documents. All warranties and guaaxuntecs specifically called for by the Specifications shelf, not to the benefit of OLANER, If required by INGfNE.F.p., CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be, applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the GmtractDocuments. ProgressSekedula: 6.6_ (X)NTRAC OR shall adhere to the progress schedule established in accordance with pamWVh 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINUR for acceptance (to the extent indicated in lmragraph2.9) proposed a4ustmew in the progress schedulc that will not elenge the Contact Tunes (or Milestones). Such a(justments will conform generally. to the progress schedule then in effect and additiora lly will Comply with any provision of tie Goneral l*uirenents applicable thereto. 6,62 proposed adjustahents in the progress schedule that will change the Contract Times (or Milestones) shall be suN nittcd in accordance with the requhenonts of paragraph 12.1. Such adjusbncnts may only ho made LA, a Change Order ar Written Annerxinrem in accordancewith Article 12. V. Subsfilutv_vand "OmbquuloImmix: 6.7.1. Whenever all item of material or equipment is specified or descriW. in the Contract Documents by using the tame of a proprietary item or the name of a lvaricular Supplier, the specification or description is intended to establish the type, function and quality required (hilesc the specification or description EXEC MIN KAf. COiv`DITIOM 01tt-8 U %K)o 6oGtigtl t2 Wz07Y(lhY(iaTc"(1tLdNY bitHNFICAIiC'rNS 6nliV4iz0a9) contrail or is Mowed by words reading that no like, equivalent or "ex-rgcml" item or no substitution is pormittxL other items of material or equipment or material or equipment of other Suppliers may be accepted by INGMER under the following circumstances' 6.7.1A, 'Cir-Equal" It in EN0B%1FR's solo discretion an item of material or equipment proposed by CaNTRAMOR is functionally equal to that named anti sufficiently similar so that no change in related Work will be required, it may be considered by RNMNRER as an "or= at" item, in which case review and approval of the proposed item may. in ENGINE! Vs sole discretion, he accomplished without compliance with some or all of the requucnnets for accepptance of proposed substitute items. 6.7.1.2. Substitute !hems: If in ENGINEER's sole discretion an item of material ar equ�pm ant proposed by CONTRACTOR dots not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a propuaeci substitute item. (X)NTRAC TOR shall submit sufficient information as provided below to allow E CYT W,R to determine drat the item of material or etpupitent pxorK"d is essentially equivalent to that reamed and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as sup lemented in the Geineml Requirements and as NGIN`HER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINI ME K from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of male" or equipment CONTRACTOR shall first make written application to FNGINEPR for acceptance thereof, certifying that the proposed subctirute will perform adequately the functions; and achieve the results called for by the general design, be similar in substance to that spNMod 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 CONTRACIOR's achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work will require a chairc in any of Olt Contract Documents (or in the provisions of any ether dinet contract with OWNER for work of the Project) to adal4 the design to the proposed substitute and whether or hot ulunporalion or use of the substiatc in connection with the Work is subject to payment of any license fee or royalty. All variations of the profxm. d substitute from that specified will be idenniGui'in the application and available maintenance, repair mid replacancnt service will be indicated The application will also contain an itemized estimate of all costs or credit that will result directly or indireal) from aox:c-ptarce of such substitute, including costs of redesign and claims of other contractors affected by tlu resulting change, all of which will be O TZACTOR shirt erhim_,�hk lgss_ than 2Q considered by ENGINEER in evaluating the c t o ; ur awn (exci9Whtaigt. pr sal substitute, ENGINEER may rcyuire C O RACTOR to furnish wj ut subcontracting). The 14 MA; raquiremcnt additional a to about op the prsvd substitute, shall be itndrsft ud_M.refcr rn the Work the value of . �tt2 Eoltess lthan 2 perces�l uC the Cattraet 1 6.7. L3. t:0,'vMJ(iian's Cxpense: All data to be }novided In' CONTRACTOR in support of any 6 .'. i{ 1te--,S�la meit€ur7, C drunrsc 13iJding proposed "or -equal" or substitute item will he at DpqU41011 require the identity of -certain CONfRACTOR'sexpahse Sulnontractam Su pliers or other persons or organizations (includimmr those who are to furnish the 6.7.2. Substitute Coravuclion Methods or principal items of materials or ecluilmtent) to be Procedures: If a specific means, mcd)O(t technique, subtnitred to OWNER in-sAvanee Of ilne-apeeified sequence or procedure of construction is shown or "prior to the Effective Date of the .Agreement for indicated in and eTressly required by the Contract acceptance by OWNER and ENGINEER, and if DocunrenM CO',NTRACfOR may furnish or unl17c a GOW--RAG44i4k,--hag--srali Fitted --a- li%-their-min substitute means, medwd, toubmque, sequence or aEaordatwe with .t}te.... a4'plememmy .. Go ditiem;. procedure of construction acceptable to ENGINEER, OWNGR's or ENGINHU's acceptance (tither in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGOIBER's sole discretion, to determine that the substitute proposed is equivalent to by the date indicated for acceptance Or objection in the budding documents or the Contract Documa*) of that eagnrely called for by fie —Contract Documents. The procedure far review by ENGYRQWsR. will he similar to that provided m subparagraph 6.7,I,2. heals ef-}soar xis idewdijeonon-flltef-clHe...lttr asttgaticn, 6.7.3.Enginect's Evaluation: ENGINEER will be aet•e)a4tMe.... iziie,..._the-CoYttraef_-Pried-.wfil._be allowed a reasonable time within which to evaluate each proposal or submittal mark pursuant to sash- and nn.�riare_ Paragraphs 6.7.1.2 and 6.7.2. E^1i GINEER willbe the wllt }>tissutd stile judge of acceptability. Na or 1` a be. insmlled te a crotx6tigm oI the Contra requirsubstitute will ordered, orma(izad without tnamed su t mina xs, su T,,lers�a__��,,UNGINGRR's prior written acceptance which will lac or oraaniratim on t to li ar ink k orevidenced by either a Chantge carder or an approvedttrhrroval ,_y >s alxairad &arm OkiRVER andShop Drawintg OWNER may require EER No acceptance— WN ,R crCONTRACTOR RM to furnish at COATRACTOR's I I?R of any such Sulxcnhtrnetcr, Supplier orexpeatse a special performance guarantee or other rson a otgamizatiolt shall a nstitute a waiversurety with respect to any "or -equal" cx substitute. r of O�NrR nr pNGINEER to rcjcaENGINEER will record time required by York ENGINEER and ENGINEIiR's Consultants in evaluating substitutes proposed or submitted by 6.2 CONTRACTOR pursuant to paragraphs 6.7.1.2 said 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully respavvble to Lloclimeats or ut the provisiaa of anv other direct OWNER RW ENGINEER for all sets and cmissians contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons Occasioned thereby. Whether or trot ENGINEER and organizations performing or furnishing any of the acayus a .91lx0.itc1e item sn ed or submitted In, Work under a direct or indirect contract with CONTRACTOR CONI'RAR shay reimburie CONTRACTOR just as CONrR_,xcTOR is OWNI-T, fox the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item create for the benefit of any such Subcontractor, Concerning Subcontractors", Suppliers and Supplier or other person or Organization any ountructual relationship between OWNER or era: ENGINEER and any such Suhconnextor, Supplier or 6.8,1. CONTRAC'roR sluill not employ any chiller person or organization, nor shall it create any obligation on the pan of OWNER Or ENGINEER 10 Subcontractor, Supplier or other person or orpnization pay or to see to the payment of any moneys due any (including those acceraable to OWNER and. such Subc:ontraclor, Supplier or other person. Or LNUENM,ER as indicated in paragraph 6.fi 2), whether Organization except as may otherwise be required by initial or as a substitute, against whom OWNER or laws and Regulations. Ql4'�ER q:fillsi ENCiINTIER may have reasonable objection, fit mish to art} suhcontraclor, suppl x err mher..persnn CONTRACTOR stall nor be required to employ ally or cug_xn zapas eviderne Of atnog his paid to Subcontractor, Stirpplier or other person or organization ClONTRAt 7f)R in accordance,.,._with to funush or perform arty of the Work against whop CONTRAt TOR"S,_°AL.cztuons {fir Pa once ". C0VIRACT0R has reasonable objection c cc> rxt,vc n itorttsto ltsw>catnl 13 tar tin• car rcnlr rxnt.t.txs stootrtr,,taa>as pgr-v annnnh 6.92, CONPRAC"ff)R shall be solely r ible for scheduling and coordinating the of Subcontractors, Suppliers and other persons and organnmtions performing or furnishing arty of the Work under a direct or indirect contract with CONTRACTOR CONfRACfOR shall require all Subcontractors, Suppliers and such other persons and organiartion performing or fornishinkt any of the Work to coxnmmrica€e with the ENOWNEER through CONTRAV rOR 6.M The divisions and sections of the Specifications and the identifications of anyy Drawings shall net control COR7RAC'TOR in ctividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an a oprtAte agrcerrient between CONTRACTOR and the doe a Supplier which specifically hints the Subcontractor or Supplier to the applicabe tarms and conditions of the Contract Documents for the benefit of OW NBR Arid ENGI.NFIR. Wh rtaver arvy-suo"Fftment is li as a txkiiticaatE-itxatrnd-rxr the-pregmety-inswenve prrrvie3ed-in }' ier--will Pm'ent Fees and Rooffler 6.12, CONTRACTOR shall lay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the moorpotat" 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 rind if that actual knowledge of OWNER or ENGINEER its use is subject to latent rights of copyrtg its calling for the payment of any license fec or royalty to others, the existence of such rights shall be disclosed by OWNER in the, Contract LXvumcnts, To Ore full"- extent permitted by Laws and Regulations, CONTRACTOR shall indemnify rid hold harmless OWNHR, IiNGINEER ENGINL.ERs Consultants and the officers, directors, employees, agents and other consultants of each and any of then front and against all claims, costs losses and damages arising out of or resulting from any inliit gcmett of gx tent rights or rights incident in Ore use in the perfomancc of the Wo or resulting from the incorporation in the Work of any irention. design, cess, product or device not specified in the Contract 1erial, 14 KJCVC QI-',M;K.AJ, CONIAt rJQM 191Vl $ ti'19Q 6r,Waa) wiC9TY OI� tOitT(C)i_LINSNOr)1FICATIOM(PrVd2atHi) PowIitr 6.13. finless otherwise prrnided in Om" Su lementary Comditim% CONTRACTOR shall obtain and pity for all construction permits and licenses. OWNER shall assist C )ONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental obarges and inspection fees neoess" for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if dtere are no Bids, on die Mec:tive hate of the Agreement. CONTRACTOR shall lay all charges of utility owners for connections to the Work, and OWNER. shall lmy all charges of such utility owners fot capital costs related thereto such as plant investment fees. C. Laws andRe[(ulationa: 6.14.1. CONTRACTOR shall give all notices and complyy with all laws and Regulations applicable to firrtil g and performance of the Work, Except where otherwise expressly required by applicable haws and Regulations, neither OWNER nor ENGINEER shall be resperimble for moriitoring CONTRAC'rOR's compliance with any Laws or Regulations. 6,14.2, If CONTRACTOR performs any Work knowing or havuag reason to know that it is contrary to laws or Regulations, CONTRACTOR shall.bew all claims, cows, lases and damages causer( by, arisit� out of or resulting therefraw however, it shall not be CONTRACTOR's pritmary responsibility to make certain that the Specifications and Diinvings are in accordance with Laws and Regulations, but this shall net relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2, 'loxes; 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 Regulationts of the place of the project which are applicable during the performance of the LVak G.15. i. gWNIiR is ea einiat frond Col radb State and lo%L.%lgs__ADd- use taxes _on _makrials_ tong permgn rptly .__ Led into the jyjd q. Said taxes stallnot be rnclu din the ( ontract, Price ANrm CokaadciD9pg mentofRevenue Stain azP-!91kMCt 1375 Sharman Street )isles and UsrTaw-% _fen:. the State _ of ,Colorado Rquigmt Trans o I�'strtox Tn )-A-m!Mjijnl Colxadn counties are collected by_ t p State o' ( olvrade and are uteluded_ ut the .CerfiGeataolt of All sppljrablu.Sal s a d X Taxes ii w14dlp to ceilte<,ted taxdsj, fan any nteiils o[�frcr than.eonstruchcm burl is physically incorporated into the pp_rrp et are to he and _y CONTRACTOR and are to be trwluy ed ut apap rate bid items, Use of Prernisex.. 6.16. CONTRACTOR shall cotfirw construction equipment, the storage of materials and equipment and the I ona of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights•of4ay, permits and easemems, and shall not unreasonably encuanber the premises with construction equipment or other materials or cquigrment. CONTRACTOR shall assume full respotrebility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or amens, resulting from the performance of the Work Should any claim be made hay any such owner or cecutappaant because of the performance of the Wink, CQNNI RACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. C ONTRACI'OR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Iva isles OWNER. EMMER. ENGINEEks Consultant and anyone directly or indrectly employed by any of them from and against all claims, costa losses and damages arising out of or resulting from a claim or action, legal or equitable, brought by any such owner or occupant arinst OWNER. ENGINEM or any other party indemnified hereunder to the extent caused by or lased upon C.OMIRAC:TOR`s performance of the Work. 6.17. During the progress of the Work CONTRACTOR shall keep the premises free trone accumulations of wade matorials, rubbish and other debris resulting from the Wok. At the completion of the bark CONTRACTOR stall remove all waste materials; rubbish and debris from and about the promises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR stall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condaim all property not designated fir alteration by the Contract Documents. 6.18. CONTRACTOR stall not hod nor permit any part of any structure to be loaded um in caryy manner that will endanger the structure. rshall CONTRACTOR subject any part of the Work or adjacent property to strrsses or tirmsures that will endanger it. Record Documents: HJCDC<W'"AL CON ITIOt1S 1919S. (1999 Editivi) cot 01-Y OF FORT 011,11'NS NIMIFICATIOM (MV rRaan) 6.19. CONTRACTOR tihall maintain in a safe place at the site one record copy of all Drawings, Specificatione, Addends, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in g�axel order and annotated to show all changes made dtrnrtg construction These record documents togeth er with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for refere uc Upon completion of the Work, aixl prier to release of final paym rot, these record documents. Samples and Shop Drawings will be delivered to RNG TNFFR fir OW'NEP, Nafa^r and Proteefion: 6.20. CONTRACTOR spilt be respunuble for initiating, maintaining and supervising all safety precautions and prgpms in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ol� and shall provide the necessary protection to prevent damages, injury or toss to, 620.1, all persons on the Work site or wort may be affected by the Work; 620.2, all the Work and materials and equip mem to be incorporated therein, whether in storage on or oft` the site; and 6.20.3_ other property at the site or adjacent thereto, including tics, shrubs, lawns, walks, pavements, roadways, struduras, utilities and Underground Facilities not designated for removal, relocation or replaromert in the course: of construction, CONTRACTOR stall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of prisons or property or to protect them from damage, injury or loss; and shall ores and maintain all necessary ards for such safety and protection. CONTRAC_"r0 shall notify owners of adjacent property and of Uxaund Facilities and utility owners what prosecutlat o the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All d$mu in ury or toss to any property referred to in parmgrz,6 ull or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other persot or organization directly or indirectly employed by any of then to perform or furnish any of the %oak or arnyune for whose acts at nyy of Unonn may be liable, shall be remedied by C„ONTR.ACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or f :NGINEFR or rNGINMER's Consultant or anyum employed by any of them or anyorie for whose acts any of them may be.. liable, and not attributable, directly or indireoxiv, in whole or in pat, to the fault or negligence ce or CONTRACTOR or my Subconuactor, Supplier or alter person or organization directly (r indirectly employed by arry of them), CONTRACTOR's duties and rensibiGGes fox the safety and protection of the Wok shall continue until such time as all the Work is completed and ENGINEER has issued n 15 notice to OWNER and CONTRACTOR in it"ordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. .Safety Repreaenradve, CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents mid the maintaining and supervising of infety precautions and pugrama Iirttnrd Communication Programs. 6.22, CONTRACTOR shall be responsible for coordinating any eW, adage of material safety data sheets or other hazard communication information required to be made available to or wtohattged between or among employm at the site in accordance with taws or Regulations. Drrergenor'e . 6.23. In emergencies affecting the safety or protection of persons or the Wick or forpaty at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from OWNER orENGINEER, k obligated to act to prevent threatened damaggee njuty or loss. CONTRACTOR shall ggrvrvs ENGINEER prompt wrimn notice if CONTRACTOR believes thin any significant changes in the Work or variations from the Contract Dowmems have been caused thereby, If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document die consequences ofsuch action, &td. ShopDrawiurgsaadSatnp(es; 6.24.1. CONTRACTOR shall submit Shop Dri wingi to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 19). All submittals will be identified as ENGINEER may squire and in the number of copies speafied in the General Requirements. "rhe data shown onthe Shop Dmwings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENG1N'EER the materials anti equipment CONTRACTOR prhTo es to provide and to enable f:NGMER to review the information for die limited purposes rmluired by paragraph 626_ 6.24 2 CONTRACTOR shall also nulrna Samples to ENGIiNMER for review and approval in accordance with said accepted schedule of Shop Drawings mci Sample submittals Each Sample will be identified clearly as to material, Supplier, pcvtinem data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable DIGtNEER to review the submittal ter die limited I6 EJ6�Uc;(3F�'Ia AL C;01VLit7tQt�i lnl48 (i9'ltd �e4tittt} tv r77YOFFORTCk1t.l1NSMCH)IFICA'nONS(a66nrzaagn purposes required by parapph6.26. The lumbers of ouch Sample to be submitted will be as specified in the Specifications. 6.25. Submiftal Procedures 6,25.1, Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified 625.1.1 all field ones uremunnrs, quantifies, dimensions. specified performance criteria, installation requirements, materials, analog numbers and similar information with respect thereto, 6.25.1, all materials with respect to intended use, tabruvatian, chippplag, handling, swrage, assembly aril installation pertaining to the performance of the Work, and 6,25.13 all information relative to CMTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR dolt also have reviewed and coordinated each Shop Drawing or Sample with other Shop Dmwingx and Samples and with the requirements of the Work and the Contract DocunicM. 6.25.2, Each submittal will bear a main pp or specific written indication that CONTRACTOR has, satisfied CONTRACTOR's obligations tinder the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3, At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be uh a written communication separate from the subinittai, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6 26 I'NG1NEER will review and approve Shop Drawinhggil S s arid in accordance with the schedule of Shop Drawings and Sample submittals accepted by E'tvGTNRsERR as required by paragraph 2.4. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, alter installation or incogxrhtion in the Work, conform to the information given in the Contract Documents and be compatible with die design concept of the completed Project as a functiomrig whole as indicated by the Contract Documents. ENUMMER's review and approval will not extend to means, methods, techniques. sequences or procedures of construction (except where a particuhtr means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a sepparate item as such will not indicate approval of the assembly in which the item functions, COM ACTOR shill make corrections required by ENGINEER, and shall return ate required number- of corrected copies of Shop Drawings and submit as required new Sample- for review anal approval. CONTRACTOR wall direct specific attention in writing to revisions other than the corrections idled for by rNt(,LNEER on previous submittals. 027 liNGINEEPs review and approval of She) Drawings or Samples shall not relieve CONTRACTOR hone responsibility for any variation from the requirements of the Contract Documents unless COMMA( : FOR has in writing called ENGINEMs attention to each wch variation at the time of submission as required by pwagraph 6.25.3 and ENGINEER has given written approval a each such variation by a specific written notation thereof incorporated in or accompmnymg the Shop Dmwmg or Sample ap oval; nor will any approval by ENOMEER relieve CTiNTRACfOR from responsibibi for complying with the requirements of Feragmph 6 25 1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the sclie dole of Shop Drawing and Sample submissions accepted by ENGINEER as required t ppaa ph24, any related Work performed pnar kn LA GTNE's review snot approval of the pertinent adnnitml will be at the sole expense and responsibility of CONTRACTOR, ("Anrinaing fire Wok: 6.29. CONTRACTOR shall cart} on the \York and adhere to the progress schedule during all disputes or disagreements with Ot4NER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.3Q MYTI1447TOR's Geaerat Warrow and 6aarvalee: 6.30,1. c oNfRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be ckf cnva. CONTRACTOR's nvarmnty and guarantee hereunder excludes defects or damage caused by. 6.30.1.1, abuse, modification or improper maintenance or operation by persons other than Ct)NITRACTOR, Subcontractors or SuMljc=; or 6..10.1.2. normal wash and tear ender noimal usage. 6.30.2. CONTRAC'TOR's obligation ten perform aril complete the Work in accordance with the Contract Documents shalt be absolute. None of the following will constitute an acceptance of Work that is not in MOM G13r"AL MNt DONS 191 U3 (1999IAii+a4 wJ MY OF FOR 1- (TUAN9 MODIFICATIOM MIN-1.20M1) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30,2.1. observations by ENGINEER; 6.30,2.2. recommendation of any progress or final payment by L^'NGINEER; 6.30.3. the issuance of a certificate of Sulxitandal Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6302.4 ors or occupancy of the Work or any part thereof by OWNTIR; 6.30.2.5. tiny acceptance by OWNER or any failure to do so; 630.2.6. any review and approval of a Shop Drawing or Sample submittal or the issai mw of a rotir/c of acwIxability by ENGINEER pursuant to paragraph 14,13, 6,302.7, any inspection, test or approval by others; or 6.30 2R. any correction of ckfective Work by OWNER. Indommiftcadon: 6,31. To the fullest extern permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINM& ENGINEER'% Cotnultams and the offims, directors, employees, agents and alter consultants of each and any of them from and against all claims, costs, leases and damages (including; Nit not limited to, all fees and charges of orgineers; architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of ex resultirg from the performance of the Wok, prow idol that any such claim, cos; ]ass or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the tVork itself), including the loss of use resulting therefrom, and (u) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any, Subcontractor. any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish airy of the Worts or anyone for whose sets any of them may be liable, regardless of whether or not caused in part by any negligence or ennission of a pxrsan or entity, indemnified hereunder or whether liability is imposed upon web indemnified party by Laws and Regulations regardless of the nr�ligence of any such person or entity 6,32, In any and all claims against OWNER or Ei 1OUNMER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employes) of CONTRACTOR attu Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 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 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 9/12/01 Section 00520 Page 3 any of them to perform or furnish any of the Work or anyone for whose amass any of than may be liable, the indemnification obligation under paragraph6.31 shall not he limited in any way by arty limitation on the amount or type of damages, compensation or benefits payable by or for CONTR ACTOR or any such Subcontractor, Supplier or other or organization tinder workers` conpLruiatkon acts id sabiity bane it acts or other employee benefit acts 6.33. The urdernnificatiot obligations of CONTRACTOR tinder pamgtnph 6.31 shall not extend to the liability of ENT(If:NEFR. and fxNULNEER,'s Consultants, officers, directors, employees or agents caused by the professional negligence, errors ca Oraissmois of any of them. 59arotval of Obligations' 6.34. All representations, indemnifications, warranties and guarantees made in, required liy to given in aorordtmce with the Contract Documents, as well as all rgmtinuin obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement, ARTICLE 7--(YfHER WORK Related h6'mfi ar.%e• 7.1. OWNER may, perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work perforated by utility owners. If the fact that such other work is to be performed was not noted in the Contract Docwncrt% then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (it) CONTRACTOR may make a claim therefor as provided in Articles I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are tunable to agree as to the amount or extent thereof. 7.2, C:ONl'.RACTO R stall afford each other .contratur who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is perfuming the additional work with OWNER's employees) proper and safe access to the site, and a reasonable opportunity for the introduction and storage of materials anti equipment and the execution of such other work and shall properly comtoet and coordinate the: Work with theirs [In6s otherwise provided in the Convaa Documents, CONTRACTOR. shall do all cutting, fitting and patching of the Work that may be required to make its several parts cane together properly and in, with such other work. CONTRA("TOR shaTi not endanger arty work of others by outtahg, excavating o otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the otters whose work will be affected. The dirties and req.vrisibihitica of (x)N'rRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable t& Fx pe C:RNtiRAI. C%oN€01`IAC)^A 19108(1990S,(kwo ev Q1Y OF FOR] MIJINs MMIFICA'TIONS(REV40CM) provisions for the benefit of CONTRACTOR at said direct contracts between. OWNER and such utility owners and other contractors. 73, If the proper execution or results of any part of CONTRACfOR's Work depends ulxn work performed by others under this Article 7, CONNIRACTOR shall inspect such ether work and protnpthy repot to ENCTNT.ER in writing any delays, defects or deficiencies at such otter work tlat raider it unavailable or unsuitable for the proper execution and rmutts of CONTRACTOR'S Work. CONTRACTOWs failure so to report will constitute an acxeptmxa of such other work as fit and proper for nttegration with C'.ONMACTOR's Work except for latent or nouapparent defects and deficiencies in such other work. Coorainarton: 7A If OWNER contracts with otters for the performance of other work on the project at the site, the following will he set forth in Supplementary Conditions: 7A 1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2, the specific matters to be coveted by such authority and resperosibiity will be itemized; and 7A.3. the externof sucli. authority and responsibilities will be provided, Mass otherwise prided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination, ARTICLE 8-01UNER'S RJUNPONSTRIfdT[I S 81. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throughEtvUMM. 8.2. In case of termination of the employment of ENIGIN .f R OWNER shall appoint an a meet agairrtt whore-t Old ft�ACT9R ataket -rrrr-rearormb3e wbjeetran whose staaus under the Contract Documents shall be that orthe former EP (UNRER 8.3. C7W14Et shall furnish the data required of OWNER uuider the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in parattraphs 14.4 and 14,13, 84. OWi1ER's 'duties in respect of providing lands and cascinants aW providing orµ uieermg surveys to establish reference points are set forth, in paragraphs 4. t and 4.4. Paragraph4.2 refers to OWNER'S identifying and making available to CONTRACTOR. dies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in axiating structures at Or IX)tangUMS U) the see that have been UtdiZod by C-,NGINF.FR. in preparing the Cadmic(. Ductiments. and- mainut-init�-liabilktr-ticad-prca@eAj°--ins�.+ramt�s-ama-art forthir peragraplei3.5 through3,10 8.6- OL4NFR, is obligated to exetatte (?laange CNdons as indicated in paragraph 10.4. 8,7, OWN. BR`s responsibility in respein of certain. inspections. tests and approvals is set forth in paragraph 1.1.4 8.8_ In connectrnn with OWtNURls right to stop Work or suspend (Fork, see paragraphs 13,10 and I i 1, paragraplh 15.2 deals with OWNER's right to tennimate services of ("ON'rRLAOTOR under certain circumstances. 89. The OWNER shall not tupenv* direct or have control or authority over, nor be responsible for, CONfRACTOR's mea'm methods, techniques, secptenees or procedures of construction or the safety precautions and pro$rams incident thereto, or for any failure of CC7NIRACTOR to comply with Laws and Reguiatidns applicable u) the furnishing orppeerformance of the Work. OWNER will not be ble for CONTRACTOR'S failure to perform or fumi� Work in accordance with the Convect Documents. &14).-....._OW NXR.'s-responsibility...in...respeet-of undisolosed Radimetive Materials -timovered..er...revealed-at..the .. site... is #44-4-en&ta tivtt - faamaorl s--luwe--Fiaetr-ratite-�te--satisfy--C�WW3vvTR's rarJpensibility °uJ-taslfeattlterecaf=will-ba-&s-set-f�th--ur�the Supplemeratary-4'.andittors: ARTICLE. 9-FNGINEER'S STATUS DURING CONSTRUCTION Old NER's Representative: 91 ENGYNWR will be OWNER's retresemative during the construction period. The duties raid responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be evaeanded without written consent of OWNER and fNGINF.ER 1113ita to Site: 9.2. ENGINEER will make visits to du site at intervals ap�xc� late to the various stages of cminiction as FNG[NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made mad the quality of the various aspects of C,ONf RACTOR's executed Work- Based on information obtained during such visits and observaticros, ENTG1NTP,R will endeavor rot the benefit of OWNER to determine, in Senxtal, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhmusitive or contimmus on - site inmections to check the quality or quantity of the Work, E?vGl MMR's efforts will be directed toward providing for OWNMR, a greatot degree of confidence that the completed Work will conform getimilly to the Contract Documents. On the basis of such visits and on- sitc ohservatica-L, KNGiNFF",R. will keep OWNfRR informed of the progress of the Work and wil endeavor to guard OWNER against ciefaetive Work. ENCiiNEERs vrsats acid on -site observations are subject to all the lunitmions on ENGINEER's authority mid responsibility sot forth in paragraph 9.13, and particular but without limitation, during or as a result of ENG11's oil -site visits or observations of CO*FfRaCfOR's Weak ENCIMER will not supervise, direct, control or have authority over or be responsible for CONfRACTOWs m sms, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with I,aws and R lations applicable to the fiarmshing or performance ofTe Work. Prcgeet ReprerxentoNve: 9.:3, If OWNER and ENGINEER agree, ENGINEER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Work. The res�nonsibilities and authority and limitations thereon of any such Resident project Represenative and assistams will be as provided in paragraphs 9.3 and 9,13 Condlitions of these General Conditions. if OWNER desii�gnhates another r atIme or agant to represent Ol�rNER at tine site is I (UNEERN Cott hathit, agent or employee, the responsibilities and authorityp and limitation thereon of such other person will be as provided in the 8uppdente.M EeMtibermrs� ggg>gpi -U of these General Conditieats If the ENGiW ER fumMes tJEssidelL a—A_.eiw gpl. ante �r gf the ()WNEIt_desisnatas a Raraeanhttiye or a_ gent,.alI as M%ted in a 9.3 of the Ge 1 C'or 1�itiatn ,Avne KeEraFentativet shall �vr $ and limitations, as psoridzdin„paragreph, 9.13 of the t;ei)eral Cotidllior s and shall be zaii�oci to thi toUo„_, jtuW p I ..-'"11e RgImearartauves_.dealmgx uJ__mltttejs pertmnanpt„to Ihy wj-xte,wcrk will, inemntlzlx. with �,� ETiGrh*t ai,d co�rlR.acTOR Bdnt. tn� Representative will kee the C)l4TIl R., ptpperl$ advised. about huh matters. The esentatives deahn c with subs ntractors will only be th.rtx�co�t or with the _fullkrwwleclge, into, npprova_I,,,ct,ihe CON`I"RXC'1:Ut% 9 ^ _[duties ttnd Res risitulitics Representative will 9.3.2.1_._Schedules - Review the nroerew t:JCf?GC3F:iJ1dix1L CQi iDJ270N5 J'Jt9$'(1990 t8rrtrt) 1e9 w3 OTY OF FORT c01.1.iNS MODIFir'A11ONS(RE 4.,20011) xcl�dyilg �r se�ules rye red iry ,u3� c,�N_Tf rr0R _ ark_ consult__. with tbe �Vi TU"Ii 1EHR txurcernine acceutability 9 3�-,,;,_.,,•,,2.2. C erctces ,and Mcctuta - Au�� meet with the C.'C)tvTRACCTOR such as praunsquctun cnndcrer s, pnagress meetings artci odtcol>,.,cczt[er'etn-es a_atd�yarejiarc_arui utn.ulate wptes o[ minutes of tneetirr);s. 9.3.2 :3. Lunson vA231, Serve ms ENC3fNF.ER:S linkm wi(h CONTRAC"TQ working rxinc- lly ihra gh (()N' RACTOR'S s�a�intendmv tp asaist Yha CC7NNIIAC.I OR_m -undergand ig dae t;ontracl i7oc:uments. 9.3..2.3 2. Assim in obtaimmzM , tt<1_d_ixit�►w1 ..,deisils.. ar_ mfamariat�_...wu7t reyw•rcd for tram execution of the Work 93.2.33. A&iw the Ei`PCFM R and 0ONTRACTOR of the commencement of sine_trurk__rc'i..rirtg...N._Shop_?Mwing..._cr emmnle s<rhmi:csian if the submission as mj been apkacned bjhq GNGINTsER; Wait, ins andTests„- 93,2.A,1, Conduct on -site obsmv ggp of the Work in Dwg is to assist the ENQDMR inteatet imp tltai the Nark is kxacceding in atx_�t:s�tti� Kt� 11�S�ttta�Ei���itit';�?: AcwmTanX.._.1 s? ._!tssPectons ypg n__ ytm g4Lhc a other antes havir lturscbetnart_Ixer the,Tknject,recc+rckths results u[ .._ttzw R�F.1>F4ticllus and report to Ute ENGTNNTM, .......... . .......... _ 9,325 Inte"Oltalton of C(intmo Documents, ___-Re t._to F.NGfNEIRMien clanlicalictrts and intixT.xeunions of the Cmtrattt Tkcumcnis, ace, needed and _ transmit._. to of the Contmet Tk cumentti as isewod byby the � 9.3.2.6. Iylodi.5caliats. Consider and evallmte CONTRACTOR'S suggeuinns for MIX (JENTRAL C NIAII.QN819ta-8 (1990 $i6titlll 20 a CITY OF FORT COIJA NS NI BICA'I'IONS(RLV 410001 t�jcagonrT3rw" a-ttand mlxat;t � rcx:om tjntvx ki G 2R:R: test,transmit ,to G'C,�2v ' ,G"fO Issuer!by, the N,GfNFFR, 93 2 7. Records.. �,�2.$.1^_ Tstt EN_G31`lFi}�13.. Psio�a+c r��•�._�S_x�st�rx� n[_t �f. WO& and of C'TOO 4-J2, � � 2 W r�ax€lt wjIh it CiN S Ib mwecwr,s or start of immw Cant 4ses of the Work. 9,12.83. Draft Rec�ued (U c Ordeas amcl ilarti..pa(�Ure_Gleres _vb4niJh txwkup m-Ate,isl PIn. _tl)e QQNjRA(7Q9 said re mmmend to FNCtRdRFit.:.....Chmgc Orders Work Directive Changes and field ciders 932,8A R- rxt immedrately to i `cjN> F* R r Ccurtt ce Qt 9.. .2.9. Payment Reguests. Review aolalieatiau far �}mtent with ('() fR�('TUR for corrtgliatta? with the es•4abfishctl tsocedutc for their submission and forward with recommordatian to ENgLINF, }31 t N r Rmticularl the relationship of work completed and materials and egui ent delivered . the, site but not trcexporated tn.._the Wcxk. 9,3 2 1 ta. Cornpletion 93. bftl_, j3ei'nre T73GINP3R 1s2tes,.x C %lil 4.ilte of -$utlglmtlatl (mtpletion su[ uil to CONrIRACTOR a list of observed items mwg`.-u 4ton orcon Ilion. 2,12_IU.?. Condutt final ms tion in the m Luny _af the FtiGINFFR.. G>WNF.R_ and CCAITRACfOR arrcl wenarc a final list of items to Ix eon a rod ur c�xitul xai. 9 3.? 10.3 Mum that all items on ale fIm1_lyre_ha_5 bp-m_a4Tieetrci_or_cotn ate¢ a!}d make rr�vmment§ttiens to GINEER concerning pcce nee. 9.3.3. Lintimtion ok' Anthorit r The Rmresentative stall not: 9.3.9.1, Authorizr,.�gart deviatiom_.from the .@F&CRI t41Y �d>StiWtC �tvCbi_N'fiER, 9.3.3.2, Exceed limitations of ENGiNEUR5 Cm 9 a.3,3: _. Un_ stake_ any, OLgthMe �_.Su�tlllmc..._tti rPl�?Tl3fkc�t�3i:� sanetiniett�gitt, 9-13 .e. 1stxss� eti or issue �Ca zis °..t�Jalat k4._�lz_. a cunttol�.BX�_anY.-tb pdi�..-t?t._tho mca� methods _ cecitv...9?!9�,_ ��._ ar 'ui�t�IIY..:.�1e51 far iA..1.he Caritract l�.km�5'> 9.3.3.5, Advise on or issue direetiors Dmtttiols arpb xms in, ccrulecgcmt wiih Work. 9,33.6. _ .ApempF. Drawer, or, sample- aut,inittals from anvone _ _other _than the OX)TN''TRi1C'TCiR. 933 7......._Audwrize,__t7W NTR w < cypy..,, the ............... l irk in wltote or in patt ya 3 S. _,_F?articipace__in _,,,,ps ecialed fiti_cl__cg lakwrak+R tens cx dram conducted by ashen c ccEx_...ase. ifical suthpdKgL[_ by,_Ihe I ONLIK Clarifications and Intorpretadnns: 9A, ENGINFFR will issue with reasonable promptness such written clarifications or interpretations oi' the "CDC c:a'AAALCONDMOM19198oav9V'01 o W C17Y OF FOR I COtd.tM MODIFICARONS (REF Unarm) roW"ments of the Contract Documents (in the Pont of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with die urgent of turd reasonaWy inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OR NI ER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or inwrpidation justifies an adjustment at the Contract price or the Contract Times and the parties are umrble to agree to fie amount or extent iltereoC if any, (AVNER or CONTRACTOR may make a written claim iheref x as provided in Article I I or Article 12. .4rrthorized Na akonv in Work: 9.:4. ENGINEER may authorize minor variations in die Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a funetiatitil; whole as indicated by the Contract Docunt". These may be accomplished lr4 a Field Order and will be binding on OWNER and also on CONTRACTOR who stall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order juaifres an adjustment in the Contract Price or the Ctattrad 9'imas and tic parties are tenable to agree as to the amotaa or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I i or 12, Rejecting Defectipe Work: 9,6, FNGINEUR will have authority to disaplzirove or reject Work which FNGINFER believers to be &fective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the, completed Pro 1'ed as a functioning whole as indicated by the Contract Doeuniems. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work ix fabtiotfW, walled or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples, see paragraplu 6,24 through 6.28 inclusive. 9-8 In connection with T GINFER:s authority as to Change Orders, sex Articles il?, 11. and 12. 9.9. In connection with FNGfNtFER's aullmrity as to Applications for Payment, see Article 14 Determinations fir V nit Prices 9a+3. E€vGINIER will detrtttune the actual quantities and classifications of Knit Price Work performed by CONTRACTOR. LNGINEER will review with CONTRACTOR the f,N(:11W1 3HsR's preliminary determinations on such matters before rendering a written decision thereon (by recanmentdation of an Application for Payment or otbernise). ENGINlililt's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any sudt decision, either OWNTM or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to ap�+eal from ENGINEEW% decision and: (i) an appeal from ENGINEERs decision is taken within the time limits mid in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement', entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealiparty in a forum of ixmtpetent jurisdiction to exercise such rights or remedies as the appealing party may have with meet to r?vC,L`iEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to die procedures of paragraph 9.11. Decisions on Disputer 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters reMN to the acceptability of the Work or the interpretation of the ruyuiret gems of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of duui8es in the Catiact price or Contract Timm will be referred initially to ENGINEER in wTi* with a request for n fornral decision in accordance with this pp Written notice of each such claim, dispute or othe�matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event hater titan thirty days) after the but of the occurrence a event giving rise thmem and written supp�pwcR tam will be submitted to ENGINEER and the otherr party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The aprpoeing party shall submit any resporase to ENGINEER and the claimant wiflun thirty days after rexfpt of the claimant's last submittal (unless ENGINEER allows additional trine). ENGINEER will render a %rtnal decision in writing widiin thirty days all& receipt of the opposing party s submittal, if any, in accordance with this paragraph. ENGINI33R's written )decision on such claim, dispute or other matter will be final atdl bvxiina upon OWNER and CONTRACTOR unless: (i) an appxa from GNGINEER's decision is taken within the time limits and in accordance with the ocelw s set falh in EXIiIII T GC -A, 'Dispute M)IL lion Agreement°, entered intobetween OWR,IER and CONTRACTOR pursuant t) Article 16, or (ii) if no such Dispute Resolution Agreement has been antlered ins), a written notice of intention to appeal. front ING1 rMs written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a fonnal proceeding is instituted by the appealing party in a forum of aumpetem jurisdiction to exercise such rights; or remedies as the appealing party may have with red to such Claim, dispute or other matter in accordance with applicable Laws and Regulations within stxty days of the Bate of such O(TC OER'MAL CONUIttOM 1910411990 WWII I w ©'rY or PORT caatr..r Ns MC1DIItCAt7t)1YS (P.Ev 4,100U) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When ftmctioning as interpreter and judge under paragraplt's9.10 and 9.1L ENGINMER will not show ra �tW[tv to OWNER or CONTRACTOR and will not be i ble inn connection with any interpretation or decision rendered in gwd faith i n such capacity, The rendering of a tteLision by ENGNT:T"sR. lwrsuant io paragrapihs 9.1Q m 9,11 will) removed to ally such Chun, dispute ur other matter (except any which have been waived by the making or acceptance of final lun}mnern as provided in paragraph '14.0) will be a condition reecedent to any exercise by OWNER or CONTRACTOR of suds rights or remedies as either may otherwise have under the Contract Documents or by laws or Regulations in respect of any such claim, dispute or other )natter-pursuara to Ara de-lt6. 9.13. l imiMtions on lf<WINEER's Authority and Respaild ifida. 9.131. Neither ING1NNER's authority or re"nsibility under this Article 9 or under anyy outer provision of the Contract Documents nor any deaasitn made by ENGINEER in good faith either to exercise or not exercisc such authority or responsibility or the urd ertakinnt�t, exerese or performance of any authority it responsi dity by ENGINEER shall croite, impose or gna rise to any duty owed by ENGINEER to M1%, ACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety ibr or employee or agent of any of than. 9.13.2. UNCTINEER will not supervise, direct, «mtrl or hive authority over or be regionsible fir CONTRACTOWs memis. methods, techniques, sequences or procedures of construction, or the safety precautions and programs mcidert thereto, or for any failure of 0ONT'RA("f OR to comply with .Laws and Regulations applicable to the ftunishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR§ failure to rrform or famish lire Work in accordance with the Contract Documents 9.133. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the ti`ork. 13.4. EN OL' ER's review of the final ,Wliciraori for Payment and acxomparrying documentation and all maintenance ance and operating nisnuctions, schedules, guamnfees, Bond% and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the regttiremcnts of, an xt in the case of certificates of ire Wtions, tests and approvals that the results certified indicate compliance with. the Contract 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9,13 stall also apply to P,NCrINEER's C.'onsultards, Resident Project Representative and assistants. ARTICLF,11i--£:FiAINCl±S IN Till:: W£)RF 10.1. Without imalidatng the Agreement and without notice to any s rety. O vl iR may, at any time or from time to time, order additions, deletions or revisions in the Work Such additions, deletions or revisions will he authorized by a Written -Amendment. it Change Older, or a Work CJtange Directive Upon receipt of any such document, CONTRACTOR shall pr6ingkly proceed with die Work involved which will be per armed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.1 If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an adjustment in the Contract Noe or an adjustment of the Contract Times that should be allowed as a result of a Work (1virW Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CO;vTRACTC)R dull Jxx be emitted to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not rc tired by the Comtract Documents as amended, modified and suppplrnneoled as provided in paragraphs 3.5 and'3.6, except at era case of an emergency as provided in paragraph 6.23 or in the case of uncovering. Work as provided in paragraph 13.9. 10.4. OWNF,R. and £CJNI'RACTOR shall execute appropriate Change Orders recommended by L'NGRTMR (or Written Amendments) covering: MAJ. changes in the Work which, are (i) ordered by OWNER pursuant to paragraph 10. 1, (i) required because of acceptance of defective Work ur&r paragraph 13.13 or correcting defective Work under paragraph 13.14, or (6) agreed to by the parties; 10.4Z changes in the Contract Price or Contact 'I'imus which arz a_aneed to by the parties; and 10.43. changes in to Contract Price or Contract Times which embody the substance of any written decision rendered by I;NO3INfi'bii pursuant to paragraph 9 11; Provided that, in lieu of executing any such Change. Order, an app 1 may be taken from any such decision in acc=nce withthe provisions of the Contract Documents and applicable Laws and Regulations, but taring any such appeal, CONTRACTOR shall cony ore die Work, and adhere to the progress schedule as provided in paragraph 6,29. 1.0.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJQM (iEBaaiAL coNDvnoNs i 4 i r8 o g" Edticm) a! (37Y OF FORT,Y)I.d.iNS MODIFl CAn10MS (REV 1,?a0111 (including, but not limited to, Contract Price or Contract Times) is requited by the provisions of any Lund to be ggreen to a surettyy, the giving of any such notice will be CONTRACTC)R's responsibility,. and the amount of each applicable Bind will be adjusted accordingly. ARTICLE 11--Ck1ANGE £3F CONTRACT PRICF 11.1. The Contract Price co nstitntas the total compensation (subject to authorised adjustments) payable to CONTRACTOR. for perforating the Work. All duties, responsibilities and obliaatitms as ul to or undertaken by C NTRAGTOit sh�t)1 a at COY RACTOR's expense without change in the Contract. Prax, 11.2. The Contract Price may only be clanged by a Change Omer or by a Written Amendment. Any claim for an adjustment 61 the Ceexratt Price shall be based on written notice delivered by the parry making the claim to the other party and to iN£i1NPR promptly (but in rc event later than thirty days) after the state of the occurrence or event giving rise to the clalm and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the art of such occuntrica or event (unless ERGINM allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall he accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined fry R4GL\ ER in accordance with paragraph 9.11 if 0WN13R and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in 0-#t:Anntract Price will be valid if not submitted in accordance with this paragraph 11 113.. The value of any Workk covered try• a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows; 11.3.1, whey the Work involved is covered by unit prices contained in the Contract laocmmets, by application of such trait prices to the quantities of the items involved (suulect to the provisions or 23 paragraphs 11.9.1 through 11.9?, mclusive); 11.3.2. where fix Work involved is not covered by unit prices contained in the Contract Documents, lay a mutually agreed .payment basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph I l 62), 11.3.3. where the Work involved is not covered by unit prig contained in the Contract Documents and agieetnem to a lump sum is not reached under paragraph 113.2, on the basis of the Cent of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRAC TOR's tRe tar overhead and profit (determined as provided in paragraph 11 6). Cost of she Work., 11.4, The term Cost of the Work means the sum of all costs necessarily incurred and pail by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shalt include only the following items and shall net include sun+ of the coats itemised in paragraph 11.5: 11A.I.Payrol1 cores for employees in the direct employ, of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and odw personnel employed full -limo at the site. Payroli costs for employees not employed Ifmll-time on the Work shall be apportioned. on the basis of their time spent on the Work. Payroll costs stall inoktnde biz eat be limited twat salaries and wages phis the cost of binge benefits which shall include social security convibuticsw unemployment, excise and payroll taxes, workers' compensatiot, health and-retirementbettefits: banmsas; applicable thereto. The cress s of perforrni� Work after regular working hours, on Saturday, Sunday or legal holidays, shall he included in the above to the extent authorized by OWNER. 11,4.2. Cat of all materials and eciuipnent hanished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in cormection therewith All cast discounts stall accrue: to CONTRACTOR unless OWNER deposits funds with COM'RACTOR with which to make payments, in which case the cash discounts shall accrue to CnWNLr(, All trade discounts, rebates and refunds and returns from sale of surplus materials and equilxnent shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may he obtained- 11 4 3 Paymcuts made by CONTRACTOR to the, Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCllQ(36NER AL C 04*q)ll14'a5 I M4 i 91a L&I Ali w, a TY Qi: fo a r C 01 JA NS MODIFIC.ATiONN ittEV 42(Me) CONTRACTOR shall obtain, competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine,, with the advice of 24GIN'SER, which bids, if any, will be accepted. If any, subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcomraetor's Coat of the fork and eee stall be determined in the smne manner as C'oNrRAC:TOR's Cos of the Work and lie as provided in pamgrapls 114, 113, 11.6 and I 1.7 All subcontracts stall be subject to the other provisions of the Contract Documents insofar as applicable. 114A, Costs of special ettvsultams (including but not limited to engineers, architects, testis laboratories, staveyurs, attunes and accountants) employed for services specifically related to the Work. 11,43. Supplemental costs including the following: 11.4,5:L The in uparlion of necessary transportation, traveand .subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work, 11.4.52, .Cos, including transportation and maintenance, of all materials, supplies, apipment, machinery, appliances, Awe and temporary Acilines at the site and hand tools not owned by the workers, which are consumed in the peoumance of the Work, and coat less market value of such items used but not oemsumed which remain the property of CON1'RACrOR. 11.4,5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Cx?NTRACT OR at others in accordance with rental ogrcoments approved by OWNER with the advice of ENGINEER. and the oasts of transportation, loading, unloaddmmq�, utstatlatier, dismanthM and removal thereof —a l in accordance with terms of said rental agnesmtxts. The rental of any such equipaaent, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I1.45.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5 Deposits lust fix causes other than Ile igence of COi fRAc1foR, any S txtmdcr or anyone directly or indirectly eni fdoyed by any of Them or for whose acts any of then may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6Ios,^ and damages (and related expenses') caused by damage to the Work, not compensated by insurance tit otherwise, sustained by CONTRACTOR in connection with the ppcc� IC'MaIaco and futnialung of the Work (except Eoxsses and damages within the deductible amounts of property insurance established by OWNER in aimordance with paragraph 5.91 provided they lave resulted from causes other than the no figenee of C'ONTRAM'OR, aqv Subamtractor, or anyone directly or indirectly cmpltwed by mry of OuNn or for whose acts anv of them may be liable. Such losses shall inefude settlements made with the written co watt and approval of (AWER. No such locscr,, damages and expenses shall be included in the Cost of the 'Work for the purpose of determining CONTRACEORs fee. it, however, any such ksss Or damage requires reconstruction and ( OONRACTOR is placed in charge thereof, (n)`tfRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, 11A.53 The cast of utilities, fuel and sanitary facilities at the site. IL4.5.R. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar pony cash items in connection with die Work. I LA3 9. Coat of ixemiums for additional Bonds and insurance required because of changes in the Work 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONfRACTOR's Aeons, executives, principals (of partnership and sole proprictorships), general managers, engineers, arebitecm estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other persomol employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not sypeeifie W na:luded in the agreed upon schedule of jot% classifications referred to in paragraph I LU or speeifically covered by (paragraph 11.4.4-all of which are to be considered at costs covered by the ( T)N`r RA(. f OR's fee 11.5 2 Expenses of CONTRACTOR's principal and brash offices other than CONTRACTOR's office at the site. 11.53. Any pan of CONTRACTOR.'s capital expenses, including interest on CON7 RACTOR'S capital employed for the Work and charges against C'Od�.t'hRAC TOR. for delinquent ptyments. 11.5.4. Cost of premiums for all Burvks and for all inauma;e whether or not CONTRA(';TOR is required( by the Contract Documents to purchase and maintain the scone. (except for the cost of premiums covered En subparagraph t 1.4.59 above). ErCUr, GE;v';'diA1., COND111i)N3 101" (1999 E01im) cot OTY OF FOhr (THd,INS MMIFICA'rtONS (BEY r,2(MNn 11 4 5, ('osts duo to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of thean may be liable, including but not limited to, the cxarotttusl of dejtrcrivd Work, di I of matenals or equipment wrongly supplied arxi making good anv damage to property, 11.5,6. Other overhead or general egxnse costs of any kind and the costs of any item not specifically and expressly included in paragtaph 11.4 11.6, The ('ON^l'RA(-[OR's fee allowed to CONTRACTOR for overhead and ,profit shall be determined as follows: 11.6.1, a mutually acceptable fixed nee, or 11.6.2. if a lixed fee is not agreed upon, then It tee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1, for costs incurred under poragniphs 11 41 and 11.4.2, the CONTRA("TOR's fee shall be fifteen percent; 11.6.2.2, for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work phis a fee arch no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11 A.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen pereent of the casts tnourrod by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that aner tier Subcontractor and CONTRACTOR wit each be paid a frc-of-five peraen6ef-flee+-nttroaatt-paid k+ ihre-aextlowertieF-,riubeatnuneten; 4�ggpp,�ed jJb g�t2d faith wiffi the �W�j�,.�yrt not 1Q g>s�g� five x-rc tca�r !, of thg, amourn paid to r e nrxxt lower 11�[ �1rL>S.o1lraCt�: 11.6.14, too fee shall be payable on the basis or costs itemized under paragraphs 114 4, 1145 and 11.5; 11,615 the amount of credit to be, allowed by COIN`TRACTOR to OWNER for any chat which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CO:NTRACTOR's fee by an amount equal to five percent of such net decrease; and. 11.6.2.6. when both additions and credits are involved in anv one chaa$o, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net charge in accordance with paragraphs 11.E_21 through 116.2.5, inclusive 11.T Whenever the cast of anv Work is to be 25 detarmitud pursuant to paragraphs.11.4 and 11,5, CONTRACTOR will establish and maintain rectm:6 thereof in accordance with generally accepted amounting practices and submit in form acceptable to I3N('MER an itemized cost breakdown together with supporting diati. Cash rlllmwances: I I.B. Tt is understood that CONTRACTOR has included in the Contract Price all allowances so framed in the Contract Documents and shall muse the Work so covered to be furnished and performed for such sums as may be accepmbleto 01kWFR and FNGTNFFR. CONTRACTOR agrees that: 11.81. the allowances include the cost to CONTRACTOR (less any applicable trade discouutl.-�) of materials and equipment required by the allowances to be deliverai at the site, and all applicable taxes; and 11,8.2. CONTRACTOW9 costs for unloading and handling on the site, labor, installation costs, overhead, profit and ether expenses con ernplated for the allowances have been included in the Contract Price atat not it the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to fuel payment, an a fate Change Order will be issued as recommend by�GINTER to reflect actual amounts due CONTRACTOR on account of Work covered by allowarwes, and the Contract Price shall be correspondingly adjusted. 11.9. limit Pose Rork: 11,9.1, Where the Contract tioc ments provide that all or part of the Work is to be Unit Price Work, initially the Contract Rice will be deemed to include far all Unit Price Work an amount equmi to the sum of the established cunt prices for each separately identified item of Urtit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Pee Work are not guaaauteead and are scdely for the purpose of comparison of Bids and determining an initial Contrnet Price. Determirntions of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINMR in accordance with paragraph 9.10 11.9.2. Each unit pdoc will be deemed to include an amount ccatsticlerai by CONTRAC,.rOP to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item 11.91 OWNER or (X)NCRA('l'OR may make it claim for an adjustment in the Contract Price in accordance with Article 11 if. the quantity of any item of Unit Price tl'c rk perti rmcd b C Oti i'RACTOR differs materially and sign icantly from the estimated quantity of such item indicated in the Agreement; u1uM ULNE'KA, CANt?t7 OKS 19104 0 "0 E(atim, 26 xt CITYOFFO RTMIJINS MODIrRCMIONS(RF:4 ICOMI) aril 11.9.3.2. there is no corresponding adjustment with respect to any other item of Wark; and 11.93.3. if CONTRACTM, believes that CONTRACTOR is entided to an increase in Contract ffice as of result of laving ntoaured additional expense or OWNER believes that O44`Nf:R is cititlel a)a decease ui Contract Prio and the parties are unable to agree as to the amount of any such increase or decrease. 11,9� 3 4 O ' 'RA TOR acknowledacs that the OWNI-R llips. the, rigbtto add or delete items in the Bid or chance �r.u, aethics at OWNLR'9 sole die rntiv,t without affecting the Contract Price of any...rcm....artirgy.._2c±n.._sa.long as._the_dcl..etion...or t .aigirtaluxal,C9mr.pet-Prce ARTICLE 12-•CxLiNGE, (W CON'TRACT TIMES 12.1. The Contnct'Times (or Milestones) may only be chnnged by a Change Order or a Written Amendment Any claim for an adjustment of the CvMmct Times (or Milestones) shall he hosed on written notice delivered by the party making the claim to the other party and to EvGiAt HP promptly (but in no event later than thirty days) after the occurrence of tilt evratt ��vu�g rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (tittles FN€ INSER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the ch umanfs written statement that the adju,maent claimed is the entire adjustmem 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 N ileaxoms) shall be determined b t, ENGINEER in accordance with paragtaph9.11 of OWNER and CONTRACTOR cannot otherwise agree. No clam[ for an adjusbnem in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 112. All unie limits stated in the Contract Documents are of the essence of the Agreement. 12.3. 4lliere CON-rkAC_TOR is prevented from completing any Irarl of the Work within the Contract Times (or Nhlesto rmK) due fo delay beyond the control of CONTRACTOR, the C ontruct Times (ur Milestorie) will he extmk-.(i in an amount equal to time kxl due to such delay if a claim is made therefor as provided in Para ruph 12.1, Delays ttayond the control of CONTRACTOR shall include, but not be limited to, sets or neglect by 01.A NER, acts or neglect of utility owners or other c ra ned s perforating g 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 subcorimect r or Su�nher shall be deemed to be (relays within the control of CON''? R AC,"f OR. 12.a. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to dela}}, beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in at) amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall Ok\NP.R be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization. or to any surety fir or employee or agent of any of then[, for damages arising out of or resulting from (') delays caused by or within the control of the CONTRACTOR, or (n) delays beyond the control of both parties includina, but not Iuuded to, tires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13-TESTS AND INSMTIONS; CORRECTION, REMOVAL OR ACCEIYrANCF OF DLF@'(.'TIIE WORK 13.1. Notice ofDeects. Prompt notice of all defeetive Work of which OWNER or ]INGINEER have actual knowledge will be given to CONTRACTOR. All tlefernime Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2 OWNTR, MiGM13I R, ENGINEEWs Consultants, filter repratiserantivas and personnel of OWNER, independent tmr4 laboratories and govetttmmial agencies with jurisdictional interests will have access to the Work at reaavrieble- times for their observation, inspecting and testing, CONTRAC€GR shall provide them prat and safe conditions for such sass and advise [Foam of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3. CONTRACTOR :hall give ENGINEER timely notice of aadnness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required impectidms or tests. 13.4, OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspactuns, tests, (x approvals required by the Contract Documents except: 13 4.1 for inspections, tests (r spprovals cowercd by paragraph 13.5 below,, 13.4.2. that coasts incurred in connection with tests or inspections conducted pursuant to paragraph 139 Mt)(' GE.14MAL COMMONS 1910-9 09" Ed IMI) W O TY t7N FORT MLIAN9 hi(iQnFl(]ATti)k`73 (Rbl' 4�2a0a1 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 jurisdiction require any Work (or part thneol) spacificaily to be inspected, tested or approved by an employee or otter representative of suds public body, CONTRACTOR shill assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all cats in connection therewith, and furnish fllvOWUR the required certificates of ins motion, or approval. CONTRACTOR shah also be responsible for mrangin�, and obtaining and shall pay all casts in connection wnh cony inspections, tests ui approvalsrequked for OWNER`s and ENGLtiEER's acceptance of materials or ecptipmem to be incarRormed in the Work, or of materials, mix designs, or equipment submitted for a oval prior to CONTRACTOWs purchase thereof for incorporation in the Work. 1.3.6. If any Work (cir the work of others) that is to be inspected, tested or approved is cowered by CONTRACTOR without written caa utrdance of ENGINEER it must, if requested by fNIGLNMR, he uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall he at C(ON€RACI'oVs ntpense unless CONTRACTOR has given ENGIPrf31 R. timely notice of CONTRACTOR'S intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 1.3.8, if an qq Work is covered contrary to the written request of 6MG VEER, is must, if requested by ENU1NMR, be uncovered for hNOLNEER's observation and replaced at CONTRACTOR's oTense. 13.9. If ENGrNT%ER ecuisidem it necessary• or advisable that covered Work be observed by ENGINEER of r7�qnde d or tested by others, CONTRACTOR, at ENGLhEER's request, shall uncover, expose or otherwise make available for observation, inspection or letting as ENGL'vTSER may require, that portion of the Work in question funnWiing all necessary labor, material and equipment, If it is found that such Work is defective. CONTRACTOR stall pay all claims, costs, losses mxl damages mused by, arising out of or resulting from such uncovering, exposure, observation, inspection soil testing and of ,satisfactory replacement or rec(mstruction, (including but not limited to all costs of repair or replacement of work of (ithers), and OWNER stall be entitled to an appropriate decrease in the Contract Rice, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11, If, however, such Work is not found to be ckfec*w CONTRACTOR shall be. allowed an increase in die Contract Price or an extension of the Contract Times (or Milearmes), or both. direLdv attributable to such 27 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 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets as follows: Swallow Area, Stover Street, Mulberry, Wagon Wheel Area, Burns Ranch, Paragon Point, Nelson Farm, Laurel Street, Brown Farm I, and Golden Meadows. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 9/12/01 Section 00520 Page 4 uncovering, exposure, observation, inspection, testing, replieemaill and reconstructiom and, if the parties ate unable to agree as to the amount or extent. thereof, CONTRACTOR may make a claim therefor as provided in Articles 't 1 and 12. OWNl%R May &dp the (York: 13.10. If the Work is rtefecffve, or COINTRAC TOR fails to supply sufLoiart skilled] workers or suitable matai& or equipment, or fails to ftun th or perform the Work insuch it way that the completed Work will conform to the Contract Documents, OWNED may order CONTRACTOR. to st�pp+ the Walk, or any portion thereof, wail the cause fur c7i order has been clfmimate4 however. this toile of OWNER to stopp the Work shall not give rise to any duty on the part of OWhtER to exercise this tight for the berielit of (:091'RACf OR or any stray or other party. Corredion or Re amW ofDefecdve Wmk.- 13.11. If required by ENGINBER, CONTRACTOR shall promptly, as directed, either correct all tkfecow Work. whether or not fabricated, utstalled al completed, or, if the Work has been rejected by ENGINEM remove it front the site and repkoe it with Work that is not defective. CONTRACTOR shall pay all claims, coot , losses and damages caused by or resulting from such correction or removal (including but not Whited to all casts of repair era replacement of work of cxthem). 13.11 Correction PKHO& 13.)2.1, If within ere -year tnLyeirrs after the date of Substantial Completion or such longer period of time tits may be prescribed by Laws or Regulations or by the terms of any appbcablc special guarantee required by the Cotntraa Documents or by any specific provision of the Contract Documents, arty Work it found to 6e defecaw, CONTRACTOR shall promptly, without cost to OWNER and tin accords= with OWNhR's written inmruaiohs: (i) correct such defective Work, or, if it has been rooded by OWNHP ramovc it from the site and replace it with Work that is not &fective, aid (it) satx6ctority correct or remove and replace mry damage to other Work or the work of others resulting therefitxn If MNTRACTOR does not promptly comply with the tarts of such irsaructiomi, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costa losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or rerlacemcnt of work of others) will he paid by C.'ONTRAC, FOR 13.12.2,In special circumstances where it Ivinicrrlar item of equipment is placed in continuous service before Substartial Completion of all the Work, the correction period for that item may start to nunfrom an earlier date if so provided in the Specificatiorn of by Written Amerdrient 13.12.3. Where defective Work (arid damage to cute 2& MIX CiF�F101 CONDITIQAtR104099e wkiwli wi 0 rY OF FORT rspil.] NS MfHatFICATtONS rli.F:y d 2aaM1 Work resaltu therefrom) has been correct. removed or rya aced under this paragraph 13 12, the correction period ieremhder with respect to such Work will be extended for an additional period of one-year tow q-years after such correction or removal and replacement leas been satisfactorily completed eceptance ofDefective Worts 13,13, If, instead of rcquuvng correction osr removal mid replacement of defective Work, OWNER (and, prior to F-MOINHEWs recommendation of final payment, also FNrG1NFRR) pprrefers to accept it, OWNER may do so, CUNfRACTCaR shall pay all claims, oasts, losses and damages attributable to OWWR's evaluation of and determination to sccc such drfac hive Work (such costs to be approved b5 EING as to reasonableness). If any such acceptance occurs prior to ENC,INL•'ER's recommendation of final payment, a Change Order will be issued incorporating the necessary revssima in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease m the Commut Price, and, if iha p tics are unable to agree as to the amount. thereof, OWNER_ may make a claim therefor as provided in Article I1_ If the acceptance occurs after such recommendation, an appxg-)rmte amount will be paid by CONTRACTOR to OWNER, O*WFR May Correct Defective Work: 11M If CONTRrV,-rOR faits within a reasonable time after written notice from ENGINEER to correct depctivw Work or to remove and replace reJ acted Work as required by EsNICiiNM-R in accordance with paragraph 13.11, orif C OMRACTOR fails to perform the Work in accordance with the Contract Documerm or if CONFRACf OR falls to comply with any other provision of the Contract Documents, OWNTER may, after sever days written notice to MNTRACTOR, correct and remedy any such deficiency. In mmising the riglus and remedies tinder this paragraph OWNER shall booted expeditiously. In connection with such corrective and remedial action, OWNER may exAude C:ONNTRAG'TtjR tit>rtt all or pat of the site, take possession of all or phut of the Wark, and suspend CONTRACTORN services related thereto, take po.,asamn of CONIXACTOR's tools, applsancet, construction equipment and machinery at the site and incorporate ate in the Work all materials anti equipment stared at the site or for which OWWNT-R has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives. agents and employees OWNER's other contractors and ENCirN r•.R and f:NGfNFrffs Consultants access to the Nile to enable OWNER to exercise the rights and remedies under this paragraph- All cairns, costs, losses and damages incurred or sustained by OWNER in exercising such rights: and remedies will be charged against CONTRACTOR arul a Charge Order will be issued inctapwrut ag flit necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be eaitled to an appropriate decrease in the Cataract Price, and, if the parties are nimble to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11, Such claims, costs, hisses. and damages will include but not he limited to all casts of repair or replacement of work of others dcstroyml or dam �ggecI by correction, removal or replacement of COw3 c" CTOR's defecift Work. MMMACTOR shall not be allowed an'e)dension of the Contract Times for Milestones) because of any delay in performance of the Work attributable to the exercise by okkwm of MNTMT k rights and remedies hereunder. AR'f7CI.F,14—PAS MUMS TO CONTRACTOR AND CC)A9PLETION Schedule ofYalaev: 14.1. The schedule of values estabtislied as provided in paragra h 2.9 will serve as the basis for progress payments and will ba i tom€ ed into a form of Applicator for Payment acceptable to ENI GINEER. Press payments on account of Unit Price Work will be based on the number of units completed. Alvicavan for Progrm Payment 14.1 At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Apphcation for Pa ment filled tart and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials rind equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that. OWNER has received the materials and equipment free and clear of at Liam ant evidence that the materials and equipment are covered by appropriate propertv insurance and other arrangements to protect OWNER's interest tltsreia, all of which will N satisfactory to 0VYTM The amount of retainage with respect to progress payments will be as stipulated in the Agreement Anv fmp s dq arc Eby ttLe OWNER shall not be subj� to substitution by the CON'1'k2AC OR wiun �runtugs. p[.atnxlttrer!gemertkS..ts�volY.iP$..iUis?xt:�y or cuswdazmsinap Hy,caccxuti>�, t�ne,�pplawtion wfyrtftam the CON7L UR r resslx hisrttie benefits ,of Colorado do Revised. SlgtiuW.i, Se tqn 249l40l, ct_suq, C0.VTR4(.'T0R's Warrant), of Tide 14.3, CONTRACTOR warrants and guarantees that title to all Work, materials and cqupmcm covered by any Applianticm for payment, whether ircorptumed in the prcjed or not, will pass to OWNER no later than the time of payment lice mil clear of all liens. Review of Applications forProgrem Payment 14A.. ENGINEER wd within ten days utter receipt of each Application for payment, either indicate in writing a t;JCI?C t,`C'-.3iRAl. CQh`G1710NS t919S (19R4 twtfaiati rat 0 TV OF FORT 4 TUA N9 NT(AaFIQ.irioNs (ahv t 2nw) reconmendation of payment and present the Applic lion W OWNF,R., or return the Application w C(.7NT ACTOR indicating in writing ENGINEEWs reasons for refit ssmingg to recommend payment, In the latter ease, CONTRACTOR may male the necessary corrections and resubmit the Application Ten days after �sresentation of the Application for payment to OWNER with INGMER's eastimendativar the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR_ 14.1 FSGINFNR's recommendation of any Mmtent requested in an Application for payment will constitute a represetantion by ERNGINEER to OWWR, based on ENGINEER's on -site observation-. of the executed Work as an experienced and qualified design prufcssional unct on tiNGINH MR's review of the Apphcation for Payment and the accompanying data aril schedules, that to the best of UNGINEEWs knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2, the quality of the LVork is generally in accordance with the Contract Document's (subject to an evaluation of the Work as a (lmctioning whole prior to or upon Substantial Completion, to the results of any subseWent tests called for ut the Contract Documents, to a final determination of quantities and classifications for Unit Prick Work under paragraph 9.10, and to any other qualifications stated at the recommendation), and 14.5,1 the conditions precedent to CONTRACfOR's being entitled w such payment appear to have [men fulfilled insofar as it is ENGINELR's responsibility to observe the Work. However, by recommending any such payment ENULNEER will not thereby be deemed to have represented that: ft) exhaustive or continuous on -site inspectim have been made to check the quality or the quardity of the Work beyond the responsibilities specifically assigned to CNGINUR in the Contact Documents or (h) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle MVNER to withhold payment to CONTRACTOR. 14.6_ EN(.H N'GEWs recommendation of any payment, including final payment, shall not mean Out LNG11,MR, is responsible for COiNITRACV.)R's means, methods. tcchniycos, sequences or procedures of construction, or he s fety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws reel ReguIRtiots upplieable a) the furnishing or performance' of Work, or for any failure of CONTRACTOR to perform or hirrush Work in accordance with the Contract Documents. 14.7, LING INMCR may refitse: to recomnnend the whole or any part of any payment if, in INGIiNTER's opinion, it would he incorrect to make the representations to 29 OWNER referred to at paragraph 14.5. l NGfNEER may Also refuse to roccimni env such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously rccom mend k, to such extent as may be necessary in FNODIkER's opinion to protect ()WN1 R from loss because: 14.7.1. (lie Wort: is defective, or completed Work has been damaged requiring correction or replacement, 14.73. die Contract Price has beat reduced by Written Amendment or Change Order, 143 3 OWNER has been required to correct defective Wok or complete Wort: in accordance with paragraph 13.14, or 143A. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER ma refuse to make payment of the full amount rewmmexkd by ENGINEER bxatsc: 14.7.5. claims have boon made against OWNER on acccxun ofi"ON TRACTOR's performance or furnishing of the Work, 143A. Lem have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OINNFR too set- off against the amour rewrametaded, or 14 7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 1471 through 14.7.3 or paragraphs 1533 through 15:2 4 inclusive; but OWNER must give CONTRACTOR immediale written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so w iMeld, or any Adjustment thereto agreed to by OWNER and (35NTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such actin Subsranrral Complefioe: 14.8_ When. CO1,7r RACI'OR onsiders the entire Work ready for its intended use CONTRACTOR. shall notify OWNE'R and ENCIINEFR in writing that the entire Work is substantially cmpktc (except for iteems specifically listed by CONTRACTOR as incomplete) end request that ENGDTLFR issue a certificate of Substantial Completion. Within a reasonable Ume thereafter, OWI>IER CONTRACTOR and ITNGEvTIER skatl.linake an inspection of die Work to determine the stains of completion. If f NGFNIst'R does not consider the Work substantially compete, ENGiNBEIR will notify CONTRACTOR in writing giving the reasons therefor. Ir ENGINEER iU F7t'ttC 44ENEKA4 CONUTIOM 1910.8 i1Avc Ha &i0 cod 01Y OF I'M r cots i Ns MODW-ICATIONS MEV A 7000) considers the Work substantially erntplete. ENGINEER will prepare and deliver to OWNT;R a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion, There shall be attached to the certificate a tentative list of items to be completed or cotrected before final�tavment. OWNER shall have seven clays after receipt of SeLLtentative certificate daring which to make written objection to FNGMI ER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINFsE.R will wiUhln fourteen days after submission of the tentative cenifiunte to OWNER notifjr CONTRACTOR in writing, stating the reasons therefor. If, aftcr consideration of OWNER`s objections, HNCi1NIEER orsiders the Work substantially complete. f.+"+iGf*T ER will within said ftwricen days execute unit deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINER believes justified after consideration of any oltjedionu 4rmt OWNER. At the time of delivery of the tentative certificate of Substantial Completicin FNGINEFR will deliver to OWNER and CONTRACTOR a written recommendation As to division of responsibilities pending final payment between OWNER And CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so infirm ENGiNEER in wasting prior to ENGiNEEWs issuing the definitive certificate of Substantial Corn�t1etion, ENGINE R's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR front the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable ac;ess to complete or correct items on the tentative list Partial 17fi italiou: 14.10. Use by OWNER at OWNER!s option of Any substantially completed part of the Work, which: (i) ins specifically been identified in the Contract DocumenX or (n) OWNER, ENGINEER and CONTRACTOR agree sautes a separately functioning and usable pert of the \Vork that can be used by OWNNTER for its intended purpose without significant interference with COh'TRACTOR's performance of the rernainder of the Work, may be aceomplistwd prior to Substantial Completom of all the Work subject to Una following 14 ti) I OWNER at any time may request CONTRACTOR in writing to permit (7trirkM to use any such part of the Work. which OWNER. believes to be ready for its intended use and substantially onnVpete, l€CONTRACTOR agree; that such B�aatt of the Gl'ork is substantially complete, CO.NTRO OR. will certify to MINER and ENGINEER2 tat such hart of the Work is s<ubstam ially ccnnplete and request GfNEER to issue a cettifneate of Substantial Completi n for that part of the Work. M-N-TRACTOR at any loins ma ncitify OWNER and ENGINMIR in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request WGIRTP.ER to issue a certificoue of Substantial Compittion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that pact of the Work to determine its status of completion If 040INLER does not consider that ppaart of the Work to be substantially complete, ENGIN'f RR will notify OWNER and CONTRACTOR in writing giving die reasons therefor. If ENGMFR considers that fart of the Weak to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Complctton of tliat part of din Work and the division of responsibility in respect thereof and access thereto 14.10.2, No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the tequirenennts of paragraph 5.15 in respect of property irttimnee. Final laaaecbon: 14.11, L. on written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final �' ion with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately %ko such measures as are necessary to complete such work or remedy such deficiencies. Final for Paymant: 14.12. Attar CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with die Contract Dommens all maintenance and operating instrnctiats, schedules, guarantees, Bands, certificates or other evidence of trtsutrutoe requaW by pqa4raph5.4. cettifiaatos of inspection, marked -up record documem (as provided in paragmph(,19) and other documents, CONTRACTOR may make application for final etut frflowing the procedure for progress payments. ltel final Application for 2ment rMil be accompanied (except as previously vered) by. (i)all documentation called for in the Contract Documents. includiiig but not Invited to the evidence of insurance required by subpamgaph 5.4.13, (n) consent of the swueiy, if any, to Imal payment, and (iii) ccanpletc and legally elective releases or waivers (s misfacoxy to OWNER) of all liens arising out or or filed in connection with the Rork. In lieu of such releases or waivers of Liens and as moved by OEWI�,TR, CONTRACTOR may furnish receipts or releases in full. and afTidacit orCON1'RACTOR der. (t) the releases and receipts include all labor, services, material and equipment for which a Lien could be riled, and (ii) all ppaymllz material and equipment bills, and other indebtedness connected with the Work for which OWNER or ()WNMR's property in sght in any way lie responsible have been paid or otherwise saWled If airy Subcontractor or Supplier fails tiio4C r3Et4FdirU.4'tJCtDt770NS J 91U8 p l9a Etrittat) wi Crry OF FORT MIAAM MOITAFtCA'tIONS (HIN4NOW to famish such a release or receipt Ili bill, CONTRACTOR may Hanish a Baal or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of hens and the consent of the surctx W Fnalite ravment ate to be su ii tcY on forms €arming to the format JoLthe OWNER NS tan rd forms bound in thePro_teytmamm). Final Payment and Acceptance. 14,13. If, on the basis or ENCIINEER's observation of the Work during construction and final inspection, and ENGWERR's review of the fiiral Application for payment mid accompanying documentation as required by the Contract Taoctunents, ENG11NMER is satisfied that the %'ork has been completed and CONI'RA(,7TOR's other obligation under the Contract. Uocutuents have been fulfilled, ENG1NMR will, within tin days after receipt of the final Application for Payment, indicate in writing fiNOINEER's recommen6dion of payment and present the Application to OWNER for payment. Al the same time 12NGIMER will also give written notice in OWNER and CONTRACTOR that the Work is acceptable subyeet to the provisions of paragraph 14..15. Otherwise, EINTGLN13HR will return the Application to CONTRACTOR, indicating in writing the reasons fix refissmg to recommend trial payment, in which rase CONTRACTOR shall make the occessmy corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINUR's recommendation and notice of acceptability, the amount recommended by ENGINEER, will become due and will be paid by OWNER to CONTRACTOR .s ¢u slpyL itt tg[ 11' s2C kha5a -Q mJ .Mdill . 14.14 if. through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRAC'TOR's final Ap�,Iication for Payment and recommendation of ENGTNII$R, and without terminating the Agreeraerri, make payment of the balance duo for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is to.% than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that Portion of the Waft hilly completed and accepted shall be submitted by CONURAC'TOR to ENGINEER with the Application tote su li }xiymcnt. Such payment shallbe made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. RaNer ofClainns: 14,15. The making and aceepiane of final payment will r stitute: 14,15-1.a waiver of all dawns by OWNER against CONTRACTOR. except claims arising teen unsettled Liens, from defective Work appearing after 31 final inspection pursuant to Paragraph 14.11, hum failure to comply with the. Contract Documents or the terns of at special guarantees specified therein or from CONCTOR's continuing obligations under the C react Documents; and 14.15.2, A waiver of all claims by CONTRACTOR against O1l'WNbR Act than those previously made in writing and still unsettled. ARTICLE 15 SUSPE:NSTON OF WORK ANT) TERNII NATION 0WN,;~12 Utty Saspend Work: 15.1, At an), time and without cause, OWNER may sttsp W the Work or any portion thereof for a period of not acre than ninety mays by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in die Contract Price or an extension of the Contract Tines, or both, directly attributable to any such suspension if CON"TRAC'TOR makes an approved claim therefor as provided in Articles 1 I and 12. OWNER Hay Terminate 1522. Ligon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR easily tails to perform the Work in wit the Documents (including, but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or White to adhere to the progzm schedule established trader paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6), 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER: or 15.24. if C(-NTRAC'TOR otherwise violates in any substantial way any provisions of t1w, Contract Documents, OWNER may, after giving CONTRACTOR (and the surely, if any) seven days' written notice and to the.. extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude COATI RACTOR. from the site and take ixtsscssion of the Work and of all CONTRACTOks tools appliances construction equigxnent and machinery, at the site and use the same to die full extent they cxuld be used by CONTRACTOR (withost liability to CONTRACTOR for trespass or conversion), incorporate at the Work all materials and equipment stored at the site or for which OWNER has laid 32 6J( FJ(' (3Sd�R+1L r Gtit.H'TtOtdS 1914-8 i1999tihtiall w C] rY OF r011 1 C1]tC.l id9 MLpt')IrICA'rt<pM Qtfi V A neiMJl CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may doctn expedient. In such case CONTRACTOR shall riot be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting front completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, coats, losses and damages incurred by OWNER will he reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Chine Order, provided that when exercising; aty rights or remedies under this pnrngmph OWNER stall not be. required to obtain the lowest price for the W ork performed. 15.3. Where CONTRACTOR's services have been so terminated by OWiNER the termination will not affect an rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retettion or payment of moneys due CONTRACTOR by OWNER will not relense CONTRACTOR Eton liability. 15A, lljxn seven days' written notice to CONTRACTOR said ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.41_ for eomplWA aril acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination. including thtir and reascmable sums for overhead and profit on such Work; 15A.2far wgxrvies sustained prior to the effective date of termumtion in Worming services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, phi fair and reasonable sutras for overhead and profit on such expenses, 15.4:3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and ahem; and I5.4.4. for reasonable egxnses directly attributable to termination. CONTRACTOR shall no be- paid on account of less of anticipated profits or revenue or other economic loss arising out cif or resulting from such termination CONTRACTOR kfay2op Work arTerminare: 15 S. 1f thr no act or fault of CONTRACTOR, the Work is Stripera for a period of more than ninety days by OWNER or raider an order of own or other public authority, or INGINUR fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any win finally determined to be clue, then CONTRACTOR may, upon seven days' written notice to OWNt FA and L-NGFNEF.R, and provided OWNER or ENGINMR do not remedy such snu.ipension or failure within that time, terminate the Agreement and recover fora OWNER payment on the same tams as provided in paragraph 15.4. fn luau of terminating the Agreement and without prejudice to any other right or remedy, if ENK3111-:EER I" failed to act on an Application for Payment within thirty days after it is sutxnalcd a. OWNER lies failed for thirty days to ppaay CONTRACTOR any sum finally determined to he cite, CONTRACTOR may upon seven dayswritten notice to 0WN1�R and ENGINFER stiupp the Work until payment of :ill such amounts due CONTRACTOR. including interest thereon 'The provisions of this ram re ph 15.5 anot intended to preclude CONS RAC'.TOR Pram making claim under *Vtides '1 I and 12 for an increase fit Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISI'I;TERLSOLUTION If and to the exoent that OWN13R and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agre imam, such dispute resolution method and procedure, if any, shall be as set fourth in Exhibit(;C.A, "Dispute Resolution Agreement", to be attached hereto and mace a part hereof If no such nreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs9,10, 9.11 and 9.12, OWNER and CONTRACTOR inay exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NfIKELLANFAL'S GTvfng:vortcr.- 17.1 Whenever any, provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered at person to the individual or to a member of the firm, our to an office of to corporation for whom it is intended, or if delivered at or seat by registered or certified mail, postage ptepaid, to the last business address known to the giver of the notice. 17.2. CompuNtion of Tim 17.21. When say period of time is referred to in the Contruct Documents by days, it will be computed to exclude the first and include the last day of such period. if the last day of an su h periud falls on a Saturday or Sunday o on a toy made a legal Uclity by the law, of the applicable jurisdiction, such day will be omitted from the computation. WCDC UEMILAL CON N11ONs ) 9193 09Nt Iittinim) wt (77Y 0F FORT M. 1.UN3 MO NFtCATTONS (REV -02ar(h) 17.22 A calendar day of twenty-four hours measured from midnight to the nett midnight will constitute a clay Notice of (1aim 17.3. Should ObYNIiR or C'ONFRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other partys employees or agents or others for whose aces the other party is legally liable, claim will be made in writing it) the Mher parry within a reacanahle time of the first observance of such injury or damage. The provisions of this paragraph 173 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.CCamalative Remedies: 17.4. The duties and obligations nnposed by these General Cnnditicros and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by peragm* Cx 12, 6. l6, 6.34, 6.31, 6.32, 131, 13,12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNFA and F.NCrINF.F.R thereunder, are in addition to, and are not to be construed in any way as a limitation of; arty rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulation by spatial warranty or guarantee or by otter provisions of the Contract Documents, and the provisions of this ragraph will be as effective as it repeated speeji y in the Contract Doetanenti in connection with each particular duty, obligation, right and remedy to which they apply. Pmfesrional Fen and CnurlC.asta lndiuW 175. Whenever reference is made to "claims, costs, losses and demag0% it shall include in eneh case, but trot be limited to all fees and charges of engineers, architects, attorneys and other prafessxnals and all court or arbitration or outer dispute resolution costs. la "iat'e4'4L�- Rsfere�e,_tn, tun, perpnartt C'�Icjrackt, s[etut�s Ka, as follcr�s l761 If & clltt111 1?.t1c4 Q1J.1t.t 7tesl h! law {CRS. Sit. 6-1t17) in withhold fronn all pztymenis.tp CONTRACTOR sufficient fWAs to in a tic psymtent of, all claims.fep- labx, nate nats.teani him, suste pr w si au pravah r ar other suaoI s Used or ahnsumed ..Ily CCONTRx1CTOR or 33 MOCOta"EKALCOCI)MOM 191M (19% E(W(W 34 WCl FY OF FORT (TA.HNSMODIFICATIOMS (REV40000� (This page left blank irwn anaUy.) E!(;lac:GE'.`IF11Al.C-t"�Ctl7!'110N& 19 i0$ 0990-41im) wi QTY OF FORT IX'U.UNS MOD€F1L7A7ION5 (RIhN d ROUI,� 36 WCDc OENEkALCOtr`(J MOM 191(4 W)%Ec4tu(w w C,lrY0FFOR iCOMNSNIMIFICATTOM(REV 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RI+"'SOLUTION AGRMIENT OWNER and CONTRAC1'OR hereby agree that Article Ili of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1 All claimq disputes and other matters.tin question between OWNER end CONTRACTOR ttrising out of or relating to the Contract Documents; or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be dcrkW by arbitration in accordance with die Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article I& This agreement so to arbitrate and any other agreement or cutisrtt to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable, under the prevailing law of any court having jurisdiction 16.2, No demand for arbitration of any claim, d tuts or other matter that is required to be reLleI to ENGINEER initially for decision in accordance with pamllraph 9.11 will IV trade until the earlier of (a) the date an which ENO INEM has rendered a written decision or (b) tic thatydirst day after the parties have presented their evidence to ENOINMR if a written decision has not been rendered by ENCrMHER before that date. No demand for arbitration of any such claim, dispute or otter matter will be made later than thirty days after the Trite an which ENGINEER has rendered a written dexisicn in respect thereof it accordance with paragraph 9,11; and the failure to demand arbitration within said thirty days' period will result it ENGiNEER's denisiotn being final and binding upon OWNER and CONTRACTOR. If ENGINEER raiders a decision after arbitration proceedings have been initiated, such decision may be entered as evidernce but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned, No demand for arbitration of any written decision of INGI1vERR rendered ii accxxdanoe with paragraph 9.10 will be made later than ten day; after flu party making such demand has delivered written notice oI intention to appeal as provided in paragraph 9.10. 16.9. Nctice of the demand for arbitmtior will be filed in writing, with the other party to the Agreement and with tine Atneri an Arbitration Association, and a copy will be sent to ENOINHEIt for infatuation. The demand for arbitration will be made within die dirty -day of ten-day period sp eeilied in paragraph 16.2 as applicable, and in all other cases within a reasonable time after tine claim, dispute or other tanner in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or (tier matter in question would be barred by the applicable statute of lunitattons. EICUCURtdBRr'tL CC%.'NLATIflh'S 19104 (199a h""than) wl OTY OF FORT COt.IANS MODURC7ATreNn (ttt_v 9v99) 16.4. except as provided in paragaph 16,5 below. no arbitration arising out of or relating to the. Contract Documents "It include by consolidation, joinder or in any other manner any othcr person or amity (including ENGINEM ENUINEER's Consultant and the officers, directors agents, emplovecs or consultants of any of them) who is not a party to this contract unlms 16A.1. the inclusion of such other person or entity is necessay if complete relict' is to be allordetl among those who are already parties to the arbitration, and 1642 .inch other person or entity is substantially involved in a question of law or fact which is carnmon to those who are already parties to the arbitration and which will arise in such proceediriM and 16A.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which count rich make specific reference to this paragraph: but no such ccnsem shall constitute consent to arbitration of any dispute not specifically described in such consem or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Wait of a Subcontractor, either OWNER or CONT AM*OR may join such 5ubmntmctor as n party to fire axe itration between OWNER and CONTRACTOR fwarader. CONTRACTOR "I incline in all siftontracts required by paragraph 6,11 a specific provision whereby the subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16,5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in tavor of Subcontraetar and against OWNER, ENOESEER or ENGINEEks Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction dweoC and it will not be subject to modification or appeal. 16.7. OWNER and CON'I'RACI'OR agree that they shall fast subunit any and all unsettled claims, counterclaims, disputes and other matters at question between than arising out of or relating to the Contract 17octaneits or the breach thereol' ('dlisputee'), to mediation by the American Arbitration Associattn under the Construction Industry Mediation Rules of die American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 161 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective lhirty and lei day time limits widan which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those some applicable time linnits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement stall not serve as arbitrator of such dispute unless otherwise agreed. OC:-Al 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 EJCW OBNBRAL CONTAl [ON; 1910-5 (1990IRdlim) wi "CITY OF FORT COLLINS! MODIFICAT IONS tREV "4) (LC -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. 5.4.6 The 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). 7/96 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows:. 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: 9/997/96 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work . Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 2006 ASPHALT OVERLAY PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 OWNER: CITY OF FORT COLLINS By: r Darin teberry, CI BY: kw- JAMES B O'NEILL II, CPPO, FNIGP DIR CTOR OF PURCHASING AND RISK MANAGEMENT Date: it SlU L -eccr A. Attest: A. City Cler Address for giving notices. �'O••""•� g g CORA P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form L':/a& Assi ant City Attorney CONTRACTOR: Laf ge North America, Inc. dba Lafarge Wer ' Inc. By: Kenneth R. Ball Title: General Mangan Date: 4/3/06 (CORPORATE SEAL) )ddress for giving notices: Lafarge West, Inc. P.O. Box 2187, Fort Collins, CO 80522 LICENSE NO.: 00239 9/12/01 Section 00520 Page 6 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of asphalt patching, asphalt overlays, geotextile paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replacedo 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 1. 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 and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager). Rick Richter 970.221.6798 Mobile/Pager 970.222.1132 Erika Keeton 970.221.6605 Mobile/Pager 970.222.0787 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300, 226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 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 Preconstruction 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. B. 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. General Requirements - Page 3 of 17 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. 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. General Requirements - Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract 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 General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price, D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design,, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed lobe furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. I. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17