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HomeMy WebLinkAbout113752 BT CONSTRUCTION - CONTRACT - CONTRACT - 26503 BOBCAT RIDGE TRAIL PARKINGSPECIFICATIONS IlL11 CONTRACT DOCUMENTS FOR Bobcat Ridge Trail Parking rl 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: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: LS1.0 New Parking Landscape Plan SD1.0 New Parking Site Plan 1 of 7 General Notes 2 of 7 Erosion Control 3 of 7 Grading Plan 4 of 7 Grading Plan 5 of 7 Drain Pipe Profiles 6 of 7 Trail Profiles 7 of 7 Details S1.0 General Notes S2.0 Foundation Plan S3.0 Foundation Details The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents 9/12/01 Section 00520 Page 4 iF 8. Traffic should not be allowed on the pavement until it has properly cured and achieved at least 80 percent of the design strength, with saw joints already cut. 9. Placement of Portland cement concrete should be observed and tested by a representative of our firm. Placement should not commence until the subgrade is properly prepared and tested. CONSTRUCTION DETAILS The design of a pavement system Is as much a function of the quality of the paving materials and construction as the support characteristics of the subgrade. The construction materials are assumed to possess sufficient quality as reflected by the strength coefficients used In the flexible pavement design calculations. These strength coefficients were developed through research and experience to simulate expected material of good quality, as explained herein. During construction careful attention should be paid to the following details: • Placement and compaction of trench backfill. • Compaction at curb lines and around manholes and water valves. • Excavation of completed pavements for utility construction and repair. • Design slopes of the adjacent ground and pavement to rapidly remove water from the,pavement surface. LIMITATIONS The pavement and construction recommendations are based upon our field observation and testing, and minimum traffic levels usually assumed for typical single-family residential parking or a two lane residential road and the AASHTO design methods. The design procedures were formulated to provide sections with adequate structural strength. Routine maintenance, such as sealing and repair of cracks, Is necessary to achieve the long-term life of a pavement system. If the design and construction recommendations cannot be followed, or anticipated traffic loads CITY OF FORT COLLINS OPERATION SERVICES 7 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 SAFC03550.000113512. Reports\R11FC03550-135.rpt.doc change considerably, we should be contacted to review the recommendations. We believe the geotechnical services for this project were performed in a manner consistent with that level of care and skill ordinarily used by members of the profession in the locality of the project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report, or In the analyses of the proposed pavement systems from a geotechnical point of view, please call. CTL I THOMPSON, INC. CITY OF FORT COLLINS OPERATION SERVICES 8 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 SAFC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc SCALE: 1" = 200' PROPOSED COVERED SHELTER CITY OF FORT COLLINS BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 o EXISTING HOUSE n VICINITY MAP (MASONVILLE AREA) NO SCALE Cou, \oA�3�C INDICATES APPROXIMATE LOCATION OF EXPLORATORY BORING Locations of Exploratory Borings FIGURE 1 S-1 S-2 S-3 S-4 S-5 El.5430 El.5423 E1.5414 El.5424 El.5419 -- 5,435 5,436 i _i _ 12/12 10112 5 w -- ,425 425 5,-i w 0 C1112 lLu wL 50/9 0112 _ I< w " 112 w i- 5,415 8112 5,415� w 5014 7/12 _ 11112 5,405 5,40 LEGEND: SAND, CLAYEY, LOOSE TO MEDIUM DENSE, SLIGHTLY MOIST TO MOIST, DARK BROWN, REDDISH BROWN (SC) SANDSTONE, MEDIUM HARD, SLIGHTLY CEMENTED, SUG14TLY MOIST, REDDISH BROWN V// (BEDROCK) SANDSTONE, VERY HARD, CEMENTED, SLIGHTLY MOIST, REDDISH BROWN, GRAY (BEDROCK) DRIVE SAMPLE. THE SYMBOL 12112 INDICATES 12 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 12 INCHES. BULK SAMPLE FROM AUGER CUTTINGS. INDICATES FINISHED GROUND SURFACE ELEVATION. NOTES: 1. THE BORINGS WERE DRILLED ON AUGUST 30, 2005, USING 4-INCH DIAMETER CONTINUOUS -FLIGHT AUGER AND A TRUCK -MOUNTED DRILL RIG. 2. BORING ELEVATIONS ARE APPROXIMATE AND WERE FROM A TOPOGAPHIC PLAN FURNISHED BY THE CLIENT. 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. SUMMARY LOGS OF EXPLORATORY BORINGS CITY OF FORT COLLINS BOBCAT RIDGE PROJECT FIGURE 2 CTL I T PROJECT NO. FCM550-135 ZIamPle or SAND, CLAYEY (SC) GRAVEL 3 % SAND 53 % From S-2 FROM 0 TO 5 FEET SILT & CLAY 44 To LIQUID LIMIT 27 PLASTICITY INDEX . 11 % HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR. 7 HR TIME READINGS V.S. STANDARD SERIES CLEAR 806—E OPENINGS 45 MIN. 15 MIN. 80 MIN. 19 MIN. 4 MIN. 1 MIN. '200 '700 '50 '40 '30 116 *10 'S 4 3RI" 3N" 1'A" 7 5"S" 6" t00 y 71. T 0 ib .. . _ ,:.: __ _ _.. __...__ _ �..._., .. 10 ._._ r ..__ _....- ... ._... .... __ __. 1 -_. ...... ..... ..- _.- 20 70 ._ -�! 80 TT ._., 1 40 50 .._ ... ....__, x 50 40 _ _ _ _ ._.___ .__._T _«...-.__ _ ._._ ._. __ _._ ___ _. _.. 4• 20 60 to l--- -- _ _--_ AASHTO CLASSIFICATION: A-2-6 D L__�_�_�..: __� ..-� _. GROUP INDEX: 0 ,00 001 0 002 005 009 019 037 074 149 297 0.42 590 1.19 2.0 2.30 4 76 952 19.1 36.1 76.2 727 200 52 DIAMETER OF PARTICLE IN MILLIMETERS Sample of SAND, CLAYEY (SC) From 5-4 FROM 0 TO 5 FEET CTL I T PROJECT NO. FC03550-135 GRAVEL I % SAND 64 % SILT & CLAY 35 /moo LIQUID LIMIT 3 PLASTICITY INDEX 12 % Gradation Test Results FIGURE 3 TABLE 1 1p BORING DEPTH FEET NATURAL MOISTURE % NATURAL DRY DENSITY (PC ATTERBERG LIMITS PASSING NO. 200 SIEVE SOIL TYPE L WE PLASTICITY LIMIT INDEX °� % S-2 0-5 4.1 27 11 44 SAND, CLAYEY SC S-3 4 15.5 1 109 SAND CLAYEY SC S-4 0-5 8.0 30 12 35 AND, CLAYEY SC CTL I T PROJECT NO. FC03550-135 Page 1 of 1 ir APPENDIX A RIGID PAVEMENT DESIGN CALCULATION CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550.135 S:\FC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc Project: FC03550.135 Location: BOBCAT RIDGE What is the Design ESAL ? What is the Reliability ? What is the Serviceability Loss ? What is the Concrete Elastic Modulus ? What is the Concrete Modulus of Rupture ? What is the Drainage Factor ? What is the Standard Deviation ? What is the Load Transfer Coefficient ? What is the R-value ? Computed Resilient Modulus = If R is not available, Input Resilient Modulus = DESIGN RESILIENT MODULUS Design Slab Thickness is ;£ _:.. „inches APPENDIX B CONSTRUCTION CHECKLIST CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 S:\FC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc CONSTRUCTION CHECKLIST The construction procedure of the pavement system is as important as the quality of the materials. Inadequate compaction of the subgrade Is often the reason for early pavement failure, resulting in pavement Instability, rutting, cracking, settlement and heave. We recommend the proposed pavement be constructed in the following manner. PREPARATION Subgrade Preparation > Subgrade shall be stripped of organic matter, scarified, moisture treated, and compacted. > Utility trenches and all subsequently placed fill shall also be compacted and tested prior to paving. > Final grading of the subgrade should be carefully controlled so the design cross -slope Is maintained and low spots in the subgrade that could trap water are eliminated. Granular Soils (A-2-4 and A-4) > Soils shall be moisture treated to within 2% of optimum moisture content. > Soils shall be compacted to at least 95% of maximum standard Proctor dry density (ASTM D 698, AASHTO T 99). Cohesive Soils (A-6 to A-7-6) > Soils shall be moisture treated between optimum and 3% 'above optimum moisture content. > Soils shall be compacted to at least 95% of maximum standard Proctor dry density (ASTM D 698, AASHTO T 99). Proof Testing > After final subgrade elevation has been reached and the subgrade compacted, the area shall be proof -rolled with a pneumatic -tired vehicle loaded to at least 18 kips per axle. > Subgrade that is pumping or deforming shall be scarified, moisture conditioned, and tested. > If areas of very soft or wet subgrade are found, the material shall be sub -excavated and replaced with approved on -site or import material, moisture conditioned, compacted and tested. CITY OF FORT COLLINS OPERATION SERVICES Appendix B-1 BOBCAT RIDGE PROJECT _ CTL I T PROJECT NO. FC03550.135 S:\FC03550.000\135\2. Report9XR1\FC03550-135.rpt.doc 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 4- Construction Observation Where soft, yielding subgrade is encountered, the excavation shall be inspected by a representative of CTL ( Thompson, Inc. CTL I Thompson shall be notified and tests taken to confirm the subgrade meets the specifications. CURB AND GUTTER n Curb and gutter shall be backfilled and compacted to reduce the potential of heave or settlement that would cause water to pond adjacent to the pavement. a Compaction shall be in accordance with Section 203.11 of the State of Colorado Standard Specifications for Road and Bridge Construction and the City of Longmont specifications. a An asphalt cement tack coat should be applied to the curb, subgrade and all joints at a rate of not more than 0.10 gallon per square yard. The tack should be applied at a temperature between 800 F and 1300 F and allowed to cure for % hour prior to paving. CITY OF FORT COLLINS OPERATION SERVICES Appendix 8,2 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 SAFC03550.000MM. Reports1R11FC03550-135.rptdoc APPENDIX C GUIDELINE MAINTENANCE RECOMMENDATIONS CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 S:\FC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc MAINTENANCE RECOMMENDATIONS FOR RIGID PAVEMENTS High traffic volumes create pavement rutting and smooth, polished surfaces. Preventive maintenance treatments will typically preserve the original or existing pavement by providing a protective seal and improving skid resistance through a new wearing course. 1. Annual Preventive Maintenance a. Visual pavement evaluations should be performed each spring or fall. b. Reports documenting the progress of distress should be kept current to provide Information of effective times to apply preventive maintenance. C. Crack sealing should be performed annually as new cracks appear. 2. 4 to 8 Year Preventive Maintenance a. The owner should budget for a preventive treatment at approximate Intervals of 4 to 8 years to reduce joint deterioration. b. Typical preventive maintenance for rigid pavements include patching, crack sealing and joint cleaning and sealing. C. Where joint sealants are missing or distressed, resealing Is mandatory. 3. 15 to 20 Year Corrective Maintenance a. Corrective maintenance for rigid pavements Includes patching and slab replacement to correct subgrade failures, edge damage and material failure. b. Asphalt concrete overlays may be required at 15 to 20 year intervals to improve the structural capacity of the pavement. CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT C-1 CTL J T PROJECT NO. FOD3550-M S:\FC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc CTLITHOMPSON CTLIThompsm, Inc. 1971 West 12th Avenue Denver, Colorado 80204 Phone:303-825-0777 Fax:303-825.4252 CTLIThonwaon,Inc. 5240 Mark Dabling Blvd. Colorado Springs, CO 80918 Phone:719.528-8300 Fax: 719.528.5362 CTLIThompson,Inc. 234 Center Drive Glenwood Springs, CO 81601 Phone:970.945.2809_ Fax: 970-945-7411 CTLIThompson, Inc. 375 E. Horsetooth Road The Shores Office Park Building 3, Suite 100 Ft. Collins, Colorado 80525 Phone:970-206-9455 Fax: 970-206-9441 CTLIThompson,Inc. 4718 N. Elizabeth Street Suite C-2 Pueblo, Colorado 81008 Phone: 719-595-1287 Fax:719-595-1292 CTLIThompson Texas, LLC 10575 Newkirk Street Suite 780 Dallas, Texas 75220 Phone:972-831-1111 Fax: 972-831 -0900 CTLIThompeon Texas, LLC 2600 McHale Court, Suite 180 Austin, Texas 78758 Phone:512.832.8883 Fax:512-832-8886 Commercial Testing Laboratories, Inc. 22 Lipan Street Denver, Colorado 80223 Phone: 303-825-0777 Fax:303-893-1568 OWNER. CITFORT COLLINS n By: 1. ES . O'NEILL II, CPPO, FNIGP 4� DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form - A 0 '111h Assi ant City Attorney CONTRA R BT C�i�/struction, Inc. By: / (L �rE VE -rLj6e_j!�2 , a; Title: �//CC /-���5/�a�✓'""Y;, te: S /Af (CORPORATE SEAL) f P t st._ Address for giving notices: � �S �foo2iq CT. LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: Bobcat Ridge Trail Parking To: BT Construction, 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: BT Construction, Inc. By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 34BCSDY5021 KNOW ALL MEN BY THESE PRESENTS: that (Firm) BT CONSTRUCTION, INC. (Address) 9885 Emporia Street, Henderson, CO 80640 la Corporation), hereinafter referred to as the "Principal" and (Firm) HARTFORD FIRE INSURANCE COMPANY (Address) Hartford Plaza, Hartford, CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado BD522 a (Municipal corporation) hereinafter referred to as the "OWNER", in the penal sum of TWO HUNDRED EIGHTY FOUR THOUSAND * in lawful money of the United States, for the payment bf which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st day of April , 20 06, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bobcat Ridge Trail Parking. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its - duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. * THIRTY THREE AND 25/100 DOLLARS ($284,033.25) 7/96 section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that -no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this2lstday of April 20Dfi. IN PRESENCE OF: ATTEST: B (Corporate Seal) IN PRESENCE OF: NOT APPLICABLE Principal BT CON CT ON INCel BY: (Title) VIC&A-ey 9885 Emporia_Street, Henderson, CO 80640 (Address) Other Partners By: NOT APPLICABLE By: IN PRESENCE OF: (_ sWITNES ure D FI S CE COMPANY By; . c ar s', ttorney- n- act Elke E. Eriksen, Denver Colorado AM. 46 02 Denver CO 80246 (Address) (Surety Seal) NOTE: Date of Band must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. 34BCSDY5021 KNOW ALL MEN BY THESE PRESENTS: that (Firm) BT CONSTRUCTION, INC. (Address) 9885 Emporia Street, Henderson, CO 80640 (a Corporation), hereinafter referred to as the "Principal" and (Firm) HARTFORD FIRE INSURANCE COMPANY (Address) Hartford Plaza, Hartford, CT 06115 hereinafter referred to as "the surety", are held and firmly bound unto the City of Fort Collins, 300 Worte Ave., Fort Collins, Colorado 80522 n (Municipal Corporation) hereinafter referred to as "the OWNER', in the penal sum of TWO HUNDRED EIGHTY FOUR THOUSAND THIRTY THREE* in lawful money of the United States, for the payment of which sum well and truly to be made, we bind - ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a'certain Agreement with the OWNER, dated the 216t day of April , 20), a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bobcat Ridge Trail Parking. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including *all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void) otherwise to remain in full force and effect. * AND 25/100 DOLLARS ($284,033.25) 7/96 section 00625 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates - and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN. WITNESS WHEREOF, this instrument is executed in three (3) counterparts, ech one of which shall be deemed an original, this2lst day of April 2006. XN AT ft PRESEN Principal BT ONS ION, INC. BY• By: V116e (Title) 98RS rxMnrin Street Henderson CO 80640 (Address (Corporate seal) IN PRESENCE OF: Other Partners NOT APPLICABLE NOT APPT.TCATITZ IN PRESENCE OF: Surety TFORD.FIRE NSURANCE COMPANY WITNE�4 .mot: n e F a sy. J.R ards, tto ey— n— ac F.lkp-E_ Eriksen bM P-O- Box 469025. Denver, CO 80246 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to data of Agreement. If CONTRACTOR is Partnership, all partners should execnte Bond. 7/96 Section 00615 Page 2 Direct Inquirfes/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-341300 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the Stale of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, Lip to the amount of unlimited: James S. Rosulek, J. R. Richards, Frank C. Penn, Dilynn Guam, Kevin W. McMahon, Donald E. Appleby, Gloria C. Blackburn, Florietta Acosta, Kristen L. McCormick, Susan J. Lattarulo, Lisa T. Solove of Denver, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. • _ Ever � , .. '. teary r irN,n,•rf� i � � • Jyr'n �: • S e � it 58 ] T 9 • :cc�i I .r ,•r • 'Boon nru,{• , 'o a . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 4t E. •. Scott E. Paseka Notary Public CERt1FICl{TE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 21, 2006 Signed and sealed at the City of Hartford. r�I'�I'`'�„ '+�l �yHrl�n°N:rfA^ Zi 1I•YM4a1sN7 ' �tlr'a.fa,� t � • Q,�•,4Y,�' Iyy-., ',•�{ • +y',n won' .,} i. Gary W. Stumper, Assistant Vice President POA 2004 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SOILS REPORT 07/2001 Section 00020 Page 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE 10/01/2006 DATE (MWDD/YY) 1 04/26% 006 PRODUCER Lockton Companies THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8110 E Union Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE Denver CO 80237 4- (303) 414-6000 INSURED 1047338 BT Construction, Inc. Ann: Michelle Ciancio INSURER A: Travelers Prop. Casualty INSURER B: Pinnacol Assurance INSURER C 9885 Emporia Street INSURER D : Henderson, CO 80640 INSURER E : A n_=r VTT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (NIMIDDIM POLICY EXPIRATION DATE IMM/DD/YY1 LIMITS rA GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F_X� OCCUR DTC00605C718IND05 10/03/2005 10/03/2006 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire $ 300,000 MED EXP (Any one erson $ 5,000 PERSONAL A ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRO JECT X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS DT8100605C718TIL05 10/03/2005 10/03/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1000 000 BODILY INJURY (Per person) $ XXXXXXX X BODILY INJURY (Per=idwn $ XXXXXXX X PROPERTY DAMAGE (Per acddent) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHERTHAN EA ACC AUTO ONLY: AGG $ XXXXXXX $ XXXXXXX A EXCESS LIABILITY X OCCUR CLAIMS MADE X UMBRELLA DEDUCTIBLE FORM RETENTION $ DTSMCUP0605C718TIL05 10/03/2005 10/03/2006 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ XXXXXXX s XXXXXXX $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4023016 10/01/2005 10/01/2006 OTH- U- EA X T STATMs I E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESA?XCLUSIONS ADDED BY ENDORSEMENTiSPECIAL PROVISIONS RE: Project - Bobcat Ridge Trail Parking. City of Fort Collins is included as an Additional Insured with respects to General and Auto Liability. CPOTICI!`ATO urn noo I Y I . CAMCCI I ATInhI 2562398 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins 300 Laporte Ave. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Fort Collins, CO 80522 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE'�'� WL:A`LCw �l �W�+R.iC.0 ACORD 25-S(7/97) For questions regardingthis urtaicets, contra the number listed in me'Producer' section aboveand el»citytbeclient oods'BTCONe,'. a ACORD CORPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Bobcat Ridge Trail Parking PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, Bobcat Ridge Trail Parking. A check is attached hereto in the amount of $ Payment for all Work done, subject to the terms which are dated as Final of the Contract Documents In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: BT Construction, Inc. (CONTRACTOR) PROJECT: Bobcat Ridge Trail Parking 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. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR: BT Construction, Inc. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 by Witness my hand and official seal. My Commission Expires: Notary Public , 20 day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: BT Construction, Inc. PROJECT: Bobcat Ridge Trail Parking 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 (t 2195) COLORADO DEPARTMENT OF REVENUE DENVERC06026t CONTRACTOR APPLICATION (303)232-2dt6 FOR EXEMPTION CERTIFICATE PursuanttoSla Ae Section 39 26.114(1 xa)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you area pplying Trust be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation o f your exemption certificate and other penalties provided by law. A separate certificate is required for eac IT contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. PagistratiorAccoul No. to be assigwd by DM Petiod 1 1 0170-750 (999) $0.00 89 - recle name er, pa ner, a corpora a name' Mailing address y, State. Zip)Contact arson - ail address: a oral Employers Iderfifulon Rumber amount or your contact ax Number. Buainuateleptrone rumbeY. ( Coloradova o eg tax aooum number. ame or exempt organize on ass own on con Exempt organza on s number 98 - ress of exempt organization (City. State. Zip) Principal contact at exempt organ¢a on principal contacts telephone number Physical oca on of project site give actual address when applicable and L1l1eS and/or Countylies) where project Is located) Scheduled MorAh U.y Year Estimated Ntordh Day Year c m.fion atal date: mmpletion dataMITI x s I r e .. 'n y a. .- 1 dedare under penally of perjury in thesecond degree that the statements made in this application are true and complete to the best of my knowledge. Signature Of owner, partner or corporate oficer. Tille of corporate officer a e: DO NOT WRITE BELOW THIS LINE 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. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 891# 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 WS-1-151 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION, CONTRACT prepared by the Engineers Joint Contract Docurnents Committee, EJCDC No, 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. E.JCDC GENERAL CONDITIONS 1910-8 (1990 EMMON) WITH crry OF FORT COLLINS MODUICATIONS (REV 9/99) BID SCHEDULE (Base Bid) Job Description BOBCAT RIDGE TRAIL PARKING Job Location CR 32C Job City Ft Collins Proposal Pay Item No. Pay Item Description Quantity Unit of Measure Unit Total Price Subtotal Description 100 PARK SHELTER B KIOSK -BY OTHERS 1.00 Each 0.00 0.00 20D PICNIC BENCH - BY OTHERS 1.00 Each 0.00 0.00 300 VAULT TOILET - BY OTHERS 1.00 Each 0.00 0.00 400 RESEEDING -BY OTHERS 1.DD Each 0.00 0.00 500 REMOVFJREPLACE FENCE - BY OTHERS 1.0O LS 0.00 0.00 TOTAL PRICE WORK BYOTHERS Subtotal: 0.00 1010 MOBILIZATION 1.00 LS 8,400.00 BA00,00 TOTAL PRICE GENERAL CONDITIONS Subtotal: g400.00 2010 SILT FENCE 1,200.00 LF 1.82 ZlKo0 2020 STRAW BALE CHECK DAM 11.00 Each 230.D0 2,530.00 2030 VEHICLE TRACKING CONTROL PAD 1.00 Each 1,670.00 1,670.00 • TOTAL PRICE EROSION CONTROL Subtotal: 8,381.00 2505 CLEAR & GRUB 1.00 LS 3,300.0D 3,300.00 25% STRIP TOPSOIL B STOCKPILE 1,625.00 CY 1.57 2,551.25 2520 CUT TO FILL & COMPACT 2,335.00 CY 4.60 10,741.00 2530 PLACE B COMPACT FILL MATERIAL 1,800.00 CY 3.75 6,750.00 2540 RESPREAD TOPSOIL 1,625.00 CY 4.48 7,280.00 255D FINE GRADE PHASE I PARKING AREA 5,300.00 BY 1.21 6,413.00 2680 FINE GRADE PHASE 2 PARKING AREA 7,ODD.00 BY 0.61 4,270.D0 2570 FINE GRADE 4'88'SIDEWALK 1,700.00 LF 1.39 2,363.00 25B0 PLACE BCOMPACT 6'CL 5 ROAD BASE PHASE I PARKING AREA 1,800.DO Ton 1s00 32,400.00 2590 PLACE & COMPACT 4'W x e'T CL S ROAD BASE FOR SIDEWALK 65.00 Ton 18.00 1,170.00 2595 FOUNDATION EXCAVATION - SHELTER 4 KIOSK 1.00 LS 4,000.00 4,000.00 TOTAL PRICE PARKING LOTGRADING Subtotal: 81,238.25 2510 CLEAR & GRUB 1.00 LS 3,400.00 3,400.00 2620 STRIP B WIND ROW TOPSOIL 1,500.00 CY 1.94 2,910.00 263D PLACE & COMPACT 10' W x 2' T CL 5 ROAD BASE 1,083.00 Ton 20.00 21,660.00 2640 INSTALL 12' CMP CULVERT FOR SLOPE DRAINAGE 6.00 Each 580.00 3,480,D0 2660 REPLACE TOPSOIL OVER ROAD BASE 1,500.OD CY 3,63 5,445.00 TOTAL PRICE TEMPORARYROAD Subtotal., 36,895.00 TABLE OF CO'fTITNTS OF GFWRAL CONDITIONS Article. or Paragraph Page Article or Paragrapli Number &Tifle Number Number & Title Page Number DEFINITIONS I 2. PRLIAMINARYMATTERS- 3 11 Addenda I I Delivery of Bonds, ....... .. . 3 1.2 Agrecinent,_ 1 22 copie.1 or ly(Faullents ... .......... ...... 3 1 1 ................... Apiplication for Payment, ... ........ I Commencement of Contract 14 Asbestos Times; Notice to Proceed 1.5 Bid. l 2A Starting the Work .. .. .... 1.6 Bidding Documents., 2 5-2_7 Before Starting Construction, 1 7 Bidding Requirements., CONTRACTOR's Responsibility I's Bonds .... ...... ......... ........ ...... ........... to Report; Preliminary Schediles, 1-9 Change Order Delivery of'Certificates of 1.10 - Contract Documents Insurance........_...,_....._.__. 34 JA I Contract price,, ..... .. ...... ... ... . .. 1 2.8 Preconstruction Conference .............. 4 1.12 Contract Turies., ...... 19 Initially Acceptable Schedules . ......... 4 1.13 CONTRACTOR 1.14 defwhw ......... 1 CONTRACT DO(XNf_zN'TS; KrUNT. IAA Drawings .... .. _ .... _ ..... . ... ....... .... ... I A1%4ENDING,REUS9'_ , , , . ...... " ' 4 L16 Effective Date of the Agreement ........ . 1 3,142 Intent.. ...... _.!4 1.17 ENGINEER.,._........_...._ .... ......... . 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant,.,_.,.,,,,. __ I fications of Technical Societies, L19 Field Order.__ ... .................. ____1 Peperting and Resolving Dis- II 40 General Requirements,_... ......... crepancies___ .... ......... ...... __4-5 1.21 1 lazardaus Waste 3A Intent of Certain Terms or 1.22.a Laws and Regulations-, Laws or Adjectives .....................................5 Regulations 3,5 Amending Contract Ekicuncrits ........ 5 1 22.b Legal Haidays ....................................2 3,6 Supplementing Contract 1.23 Liens,., . ..... Documents, ... .. ... . .... ..... __ 5 124 Milestone ....... .. .......... .... 37 Reuse of Documents, .... ................... 5 1.25 Notice of Award 2 126 Notice to Proceed................. .......... ,2 4. AVAILABILITY OF LANDS; 1,27 OWNER.....................__,.,...___._,_-_2 SUBSURFACE ANI) PHYSICAL COINTATICINS; 1.28 Partial I TO ization RE171IRM.M.POINTS ....... 5 1.29 PCBs ,,, _ ...... . ..... ..... _ ............ 2 4.1 Availability of tands. ................. ­5,6 131) Petroleum .... .... 4.2 Subsurface and Physical 1.31 Project... ._ ................... .. ... ... Conditions 1.32'a Radioactive Miterial ........ ..., ............ 42,11 Reports and Drawings___ ..... _6 132.16 Regular Working Hours.__., ....... _2 4 2 2 Limited Reliance by CONTRtV7- 1 33 Resident Project Representative,.,,, _2 TOR Authorized: Technical 1.34 Samples, _ .... ___ __ .... I Data 6 1.35 'Shop Drawing$ 423 Nake ot Diftering Subrauface 136 8peoificatiom.....................................2 kw Physical Conditions_ .......... fi 1,37 Suboontractot ................. 2 4 1A ENGINEER'S Review 1,39 Substantial Completion" 2 4 2 5 Possible Contract Documents 139 'Supplementary Conditions.._. .... 2 Change,- 6 1.41) '),upplier. 416 Possible Price and Tiaie.li 141 1 inderground Facilities Adjustiaents, (1-7 1.42 Unit Price Work ..................................3 43 Physical C(xidtt"is--Vndcrgiixuid 143 Work 3 1.44 Work Change Directive, .3 43.1 Shown or Indicated, L45 Written Amendment .. ...... .. ..... 4,32 Not Shown or Indicated., 7 4.4 Reference points.. - ...? hAJ)Ci1RNEAAL CCMX110143 1910-8 (1991) ED] TION) W CITY Or FORTCOLUNS WrATICAMOM. WIV 91") Article or Paragraph Page Article or Paragraph Page Number &'Title Number Number & TitIc Number 45 Asbestos, PCBs. Petroleum, I fazurdous, Waste or Radioactive Material .... 7.8 BONDS AND INSURANCE _ .... _ ......................... 8 5.1-5.2 performance, Payment mid Other Bonds ...... 54 Licensed Sureties and Insurers: Certificates ofinsurareet 54 CON1 RACTORs Liability Insurance " .. ................. . ..........................................9 ...... 9 5.5 0WINEWs i'abifi Insurance, ...... t� .. ' 9 5,6 Property Insurance ................... ....... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance .................10 5.8 Notice of Cancellation Proxision, ...... _ to 5,9 CONTRACTOfVs Responsibility for Deductible Amounts ................ _10 5,10 Other Special Insumcie_..................t0 5.11 Waiver or Riots ...... ............... 11 5,12-5.13 Receipt and Application of Insurance proceeds ..................... 10-11 5,14 Acceptance of Bonds and Insw- once; Option to Replace ....................11 SAS Partial Uilization--property Insurance............. .... ......... .... __ I I CONTRACTORS RESPONSIBUTIES ...............11 6.1.6.2 Supervision and Superintendeacq ...... ,11 63-6.5 Labor, Materials and Equipment.., 11-12 66 Progress Schedule ..... .. .. .... ........... 12 67 Substitutes and "Or -Equal" Items; c(.)NvrRACTORs Expense; Substitute Construction Methods or Procedures; ENGTNHRR!s Evaluation....... _... 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver (if Riots. 612 Patent Fees and Royalties ..... I., ......... .14 6.13 Permits 14 6 14 Laws and Regulations........,_.........._. 114 6.15 Taxes 4-15 6,10 Use of Prejoises )5 017 Site Cleantine'". .... ...... 11 613 Safe Structural Loading ........... .. ....... 14; 6,19 Record Documents....__ ­ 15 6.20 Safety and Protection._,. . 15-16 6.21 Sarety Representative . ..... .. .. .. ., 16 6.22 Hazard Communication Programs 16 6,23 rinergencies .. .. ............. . .... ... .. . 16 6,24 Shop Drawings and Samples ..............16 625 Submittal Proccedures, CON- TPACTOR's Review Trice W Shop Drawing or Sample Submittal_,_............_ 16 626 Shop Drawing & Sample Submit- tals Review by ENGINEER_.. _, 16-17 627 Responsibility for Variations From Contract Doctun ents, ... ....... 17 6,18 M, ated. Work Performed Prior to EN61NUE10t Review and Approval of Required Submittals.. 17 6.29 Continuing the Work,._ .. ..... .. ..... J7 6.30 CUNTRACTOR's Gencral Warranty and Guarantee..... _1 7 631.E 33 Indemnification_ ..... .... _ ., _ _17-18 6.34 Survival of Obligations ................... IS OI.M'R WORK . ....... ..... ...... ....... ...... .......... Is 7A-73 Related Work at Site 18 T4 Coordination. is OWNERS RESPONSIBILITIES .........................18 SI Communications to CON- I`RACTOR 18 &I Replacement of ENGTINTEER,_ ... .... 18 83 Furnish Data andPay Promptly When L)uc . .......................... ...... 18 8.4 Lands and EasemcnK Reports and Tests 18.19 8.5 Insurance_... 8.6 Change Orders........-..__.._............19 8.7 Inspecuons, Tests and Approvals, .......... ......... ....... 19 8.8 Stop or Suspend I'Vork, Terminate comrRACTOWs Services_...._.,..........__....._.. _,.10 8,9 Limitations on OWNER'S Responsibilities ... ............. . ._19 8.11) Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 8.11 Evidence of Finarical Air angements ... ... .. ........... 9, ENGINEERS STATUS DURING CONSTRUCTIONN 9.1 OWNEk's Representative, 19 91 Visits tosite, 19 9.3 Project Rcprasentafive, .19-21 9 4 Clarifications and Interpre- totions.... ........ 21 9.5 Authorized Variations in V&k. , _ 21 EAW (M-NbRAL CON)ITIONSt9i U-9 (I"i EDI 110N) wl CITY OF RAT COLLINS MOMCATIONS (RVV W99) Article or Paragraph Page Article or Paragraph Number &I'Alo Number Number &Title Page Number 96 Rejecting DejediveWork , , , _ 21 13 8-139 Uncovering Work at EN01- 97-99 Shop Drawings, Change Orders NEE'R s Request ....... . and Payments... ... .......... _................-21 13,10 OWNER May Stop the Wtyk., _......N 9.10 Detoxminatims for Unit Prices 21-22 13 It Correction or Removal of 9,11-9,12 Decisions on Disputes; PNM I- Defective Work..........................28 NEER as Initial Interpreter ....... .... 12 13.12 Correction Period .. ... .... ..... ........ 28 9.13 Limitations on ONGINEERs 1113 Acceptance otDejeclive Work ... ... _ 1-8 Authority and 13 14 OWNY.R May Correct Defective Work --�9 CHANGES IN I'M WORK 10 1 OWNERs Ordered (.hangs ha rige /3 14, PAYNIHNTSTO CONTRACTOR ANI) 10.2 Claim for Adjustment ..... ... ....... _73 CONIPI.LTIONN ... 10.3 Work Not Required by Contract 141 Schedule of Values__ ........... ....... 29 Documents ....... ...... .. .... . ..... . 23 14,2 Application for Progress 10,4 Change Orders.-,..... ... _ . ........ ___23 Payment.........._ . ...... __ ....... 29 10.5 Notification of Surety.. 113 143 CONTRACTOR's Warranty of Tide _29 CHANCTE OF CONTRACT PRIC1 ...... ' '23 14.4-14-7 Review of Applications for 11.1-11.3 Contract Price-, Claim farProgress Payments_ ......... __29,Y) A4justrncnt; Value of 14.8-14,9 Substantial Completion ................ X the Work_ - .. ... . ..... .............. . 23-24 14.10 Partial Lkilization .... ...... ....... . 30-31 11A Cost of the Work ............. _ ........... ;4-25 14,11 Final Inspection,.... ... _ ................. _31 It's Exclusions to C" of the Work.......... 25 14A2 Final Application for Paymenl,_.. ­31 116 CONTRACTOR's Fee. _ � � ....................15 14,13-14,14 Final Payment and Acceptance ........ 31 11,7 Cost Recorck __ ....... ............... .... 25-26 14,13 Waiver of Claims—_ ....... 11.8 Cash Allowances, .......... _26 11-9 Unit Price Work, 26 15, SUSPENSION OF WORK AND TERMINATION ....... .... .................................. 32 CHANGE OF CONTRACT TINES .......... _26 15.1 OWNER May Suspend Work ........ _32 121 Claim for Adjustment., . . ... ..... , .26 15.2-15,4 OWNER May Terminate ... ......... .. 32 12,2 Time of the Essence ._.,........._......._26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORs Work or Term inate, , ..... ...... _32-33 Conirol 26-27 12A Delays Beyond OWNER's and K DISPUTE RFSOLUM( Nj .................. ....... _33 CONTRACTORs Control__,_......27 TESTS ANDINSPE(MONS; CORRECTION RENJOVAL OR ACCEPTANCE OF DEFEMI/T,'WORK .,, __ . .... .. ... ... 27 )3,1 Notice of Delec-ts 112 Access to the Work 133 Tests and lnspcctions; CONTRACrOks Cooperation_, - 27 13.4 OWNERs Responsibilities, Independent Testing Latnartuory ...... -7 133 CONTRACTORS Responsibilities, '7 13,6-13.7 Covering Work Prior to Inspec- tion, Testing a Appi oval ........ ......27 17, -MISCELLANEOUS ... ... _33 17.1 Giving Notice. ............ . ........ � 33 17.2 Computation of Timm....................33 173 Notice of (Imm .. ....... _33 17A Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included. 17.6 Applicable State Law,_ _33-34 Intentionally left blank.,._ .. ........ ........ .. .... 35 OWMIT GC -A; (Optional) Dispute Resolution -Agreement GC -Al 161-16,6 Arbarshort, GC -Al 16.7 Mediation, Gt Al t-ATX'Ca.t,W'KAL CONDI f101". 1410-811990 MI nON) w(ITY Or FORT COIJIMMODIFICATI ONS ArV "T) TNDFX TO CYFNP*RAT. CONDITIONS Cov of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurancq ....... .. ................ ..... 5,14 &]eCfive Work '10,41, 13.5, 1113 final payment.,..._..... .. ....... ............9.12,14 15 insurance., ........... _ .... .. .... ........ .... .. 5,14 other Work by (UNTRACTOR 73 Substitutes and 'Or-Eclun]" Items. 71 Work, by 0ANTFR ..............................2.5, 6.30, 634 Acems to the — Lands, OWNER and MNTRACTOR responsibilities .................... ........................4.1 site, related Work..__....._.__._....._..-._............ . 7.2 Work, _........................................13.2, 13,14, 14,9 Acm or Ont Acts and Cho issions— CONTRACTOR 6.9,1, 9,133 ENGINFER ............ ¢. 20, 9,113 Olkrt-MR, . ..... ..... .................... ........... __0.20, 8.9 Addend -a --definition of (also see definition of Specificittions) .......(1.6. 1,10, 6.19), 1.1 Additional Property lrasurarioe4_ ... ................. 5.7 Adjustments -- Contract Price or Contract Times ......... . ......... .... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..... . I., ...... A, 5.3, 9A, 9,5, 10.2-10.4, 1111— .......... _.. ­ I . 11, 12, 14,8, 15.1 progress schedule ....... .... .... ......... ........ .... 6.6 Agreement — definition o( ... ........ .2 "All -Risk" Insurance. policy fixin'. ....... ...... ...... _5.6,2 Allowances, Cash., ............. .... ...... . ........ .. .... ..... JL8 Amending Contract riccurnent4........................ ........ 3.5 Amendment, Written — in Wittral_-, .1. 10, 1-45, 3,5, 5.10, 5,17, 6.6,2 6.19,10,1, 10A, 11.2 121, 13,12.2, 14,7,2 Appeal, OWNFR or CONTRACTOR intent to...,-. _... , , , _9.10. 9.11, 10.4, 16.2, 165 Application tor Nyment-- definition of, j 3 FNGINTrR's Responsibility___ ......................9.9 final payment,,,, , . . ..... 13A, 9.13.5, 14.12-14 15 in general.... _.... __ . 2.8,2,9,5.6,4,9.10,15.5 progress puymontl­ review of 14.4-14,7 Arbitration .......... .......... ............ ....... .... 16.1-16,6 Asbeslos­ claims pursuant thereto 4 3.2, 431 CONTRACTOR authorized to stop work......... A.5 2 definition of. .. . _ , .. � . . ........ ., _ , ., JA Article 01 Paragraph Number OW'NIN responsibility for, .... .. .. . ...... _4, 5 1. X, 10 possible price and times change . , 1. .­ 4,5-2 Authorized Variations in Work_ 3.6, 6,25, 6.27, 9.5 Availability of Lands.... 8A Award, Kofice of --defined .. . ........... .... . .. .. 1,25 Before Starting Construction__ ........................... 5-19 Bid —definition of., .......... .. ... _ 15 (1, 1. 1 1 u, 23, 33, . .. _...I _ ......43.6A, & 13, 11,43, 119- 1) Bidding Documents —definition of 1,0(68.2) Bidding Requirements --definition Of ...... I.I...­­ ... ­­­1,7 (11, 4.2-61) Bonds_ acceptance of ................. . .... ... ,.....5.14 additional bonds 10.5, 11.4.5.9 Cost of the Work � ...... . ........... ...... 11,5.4 definition of .. .................. 1.8 delivery of ..... ........... ...... 5.1 final Application for Payment- 14-12-14,14 general .... ................... _I.10, 5.1-53, 5,13, 10.5, 14,7.6 Perf(varunce, Payment and Othet__ ... ..... 5,1-5.2 Bonds and In.surance--in general_,.. ... . ... ..... .....5 Builder's risk "fill -risk" policy form. . .............. _ ... 5,6,2 Cancellation provisions, Insurance_.._„ JA.11, 3.8, 5.15 Cash Allowances L8 Certificate ofSubstantial Cmnpletion,,,-,, 1.38,6.30.2.3, _14.8, 14, 10 Certificates of Uspectiont. .... ... ...... 9,13.4, 13.3, 14,12 Certificates of Insurance ............. 17, 53, 5 4,11. 5,4,13. 5-65, 5,8, 5,14, 9,) 3A, 14.12 Change in Contract Price -- Cash Allowances i I .8 claim for price. adjustment__._.. 4.1, 4.2.6t 4.5, 5.15, 6, 3.2_9.4 k).5, 9.11, 10,2, IV,, 11 2,6.9, ....... 13, 13,14, 14,7, I:i 1, 15,5 coN,rRACT0X% fee 11.6 Cosi of the Work gMeT811 1 .11.1.1.11 1 1 1 1 111.11 11. ­ ­ It 1.4-It.? Exeluslofls to.... , , , , , ,, - ..... .,. . _11_5 Cost Records I L7 in general ... ...... 19, 144, 9,11, 1().4,' .. Irt 4.3, 11 Lump Seat Priciig._, 113.2 Notification of Surety suopeof___ ....... Testing and lnspection, Uncovering the Work,_,.,-....,, 13.9 IDCDC GENERAL COMATIONS 1910-8 (19W ED111014) w! OTY OF FORT 00M. 1-S WDYMAITONS (REV 91991 t in it Price Work Article Or Paragraph Number Valm, of Work .................... ......... __ ............ Change in Contract 'rimes-, Claim for times adjustment_..... 1, 1, 4,Z6, 45, 5.15, 6.8,19.4, 9.5, 9.11, 10.2, 10.5, 12. 1, � 1 119, 13,13, 13,14, 143, 15.1, 155 Contractual time limits 112 Delays bew"d CON1TRNCTQR`,q control 11.3 Dehtvs IVY(Od OWNER'S and CONrRAC'rOWscontToI_, ...... ... .. .... 12.4 Notification orsuretyl-I Scope of change..,_ .. .......... ............ .. 10.3-10.4 Change Orders -- Acceptance of Defective Work ........ 13,13 Amending Contract Documents. .... Cash Allow-ances., 111 Change of Contract Iticq ...... .... ... ............. . J1 Change of Contract Times ................ . ............. 12 Changes in the Work_ . . .... . ... _,10 C ON17RACTOR's fee IL6 Cost of the Work 11 .4-11.7 Cod Records, , _ ..... ................. .......... ....... 11.7 definition or ...... ....................................1 L9 emergencies,................................... . ....... 0.23 EINGENEERs responsibility .... .. 1918, 10A, I1.2, 12.1 execution of.............................. .................... 4 10.4 InJemnifi0iort .........................9.12, 6.10, 631.6,33 Insurance, Bonds and .... ..... ...... . .5.10, 5,13, 10.5 OWNER in ay terminate. .. ­­ 1 14 1 . I I I . . ....... OW'PIER's Responsibility_ . .. ..... ............. 8.6, 10.4 Physical, C.onditions— Subsurface and ..... ....................... .............. � 4.2 Underground Facilities--............................4.3.2 Record Documents _419 Scope ofChsm&q.,_ ...10.3-10.4 Substitutes :__61.3,6.8.2 Unit Price Nkotk.. 11.9 value of Work, covered hN ....... ......... ........... It 3 Chatigc5 in the Work, Jo Notification ol'surety. 10,5 OWINERs and COY17RACTORs responsibilities" Right to imadjustment, ...... 10.2 Scope (A'chiinge .... .... ... ......... ... _10 3-10A Claims-- agiinst CONTRACTOR 616 against ENGIM.-ER sgamsaOA'N1i1R Change or Contract, price .... . ........ .9A, 11 2 Change of Coilract Times .............. ............ 9A, 121 CON-rRACTOR's-, . _ 4, TI, 9.4.9.5, 911 , 10, 2, .......... 11'2' 11.9, 12A, 13,9, 14 8, 15.5, 17.3 CON'MACTOR's Fee 16 Article or Paragraph Number CONTRACTOR's liability.......... 5A, 612.6,16,6,31 Cost of the, Work,, ...... 11 4,11,3 Decisions on Visputes ... 9.11,9,12 Dispute Resolution .. ..... ..... . ..... ... 16.1 Dispute Resolution A6reement_ ENIGIN13FIZ a-, initial interpretot 9.11 Lurnp Sum Pricing. , 113.2 Notice of ... ........ 173 9A, 95, 911, 102, 11.2, 11,9 12.1, 139, 13.13, 13.14,17.3 OWNIER'sliability._ ___ _ ..... .............. .. �, - 5.5 OWNER in ay refuse to make payment,. 4.7 Professional Fees and Court Costs Included Tf request for formal decision on ............................2.11 Substitute Items__ ...... ........ ........ ____ ... ... 6.7_12 Time Extension,____, ....... 121 Time requirements .. . ............. _ ........... __.9,11, 111 Unit Price Work..._ ..._....... ____ _11,93 Valueof ...........................................................13 Waiver of --an Final Payment .................14.14, 14.15 Work Change Directive.,,,,_ .... _ _ __ . ................ 10,2 written notice required...._.......... ....... 9.11, 11.2, 12.1 Clarifications and Interpretations,.,,, ......3.6.3, 9.4, 9.11 Clean Site ........ . ................ .............. ........ . ..... 0,.17 Codes of Technical Society, Organization or As%viation ..................................................3.3.3 Commencement of Contract Tinies. .......... . ... .. ... .. _2_3 Communications -- general ..............................................0.2, 6.9.2. 8.I Hazard Communication Program l.... .. .... ...... _0�22 Completion— Final Application for Payment ............. _ ...... __14.12 Final Inspectiort .............. _ . J41AI Final Payment and Acceptance.... ... .. _ --- 14.13-14,14 Partial I.Xilization,_ . ................. ... ... .... _ __14AO Subs anfial Coattiletion ... .... .... . _,.J.38. 14,8.14.9 Waiver of Claims ..... ....... ....... ....... 14,15 Computation of Times ... . .. . ........... . _1 7,12 Concerning Subcontractors, Suppliers and Others ...... .. ... ... ...... ......... .. 46'8_6'11 Conferences -- initially accepuible sthedtdes_ .. ...... ­29 precorisEtuetioix .......... ___ ..... ..... : ..... ...... 8 Conflict, Error, Ambiguity. Discrepancy - CONTRACTOR to Report.- 112 Construction, before starting by C7O?T('RACT()R, _ ............ .. ....... ... 15-2 7 Construction Machinery, Equipment, etc, . ___ ..... Continuing the Work.._ ... ......... ....... 6,29, 10A Contract Documents— Anitriding,... Bonds W CITY CT FORT COLLINS MOTAFICATIONS (REV 9,995 Cash Allowances Article or Hiragraph Nurnbeu Change of Contrect Pricg_-11111. ...... I ....... I I Change of Contract Times 12 Changes in the Work,-,_ .... .... ... ..... 10.440-5 check said verify .......... .... ..... ...... ... . ....... 15 Clarifications and Interpretations, _-, . .... .......... . 3.2, 3 6- 9A, 9, 11 definition of 1,10 [INGINFER asinitial interpreter -of, .9111 EAICYINFER asOWNEXs tepresentative__ ....... 9,1 generaB Insurance 53 Intent .. .. .. .... ... 3.1-14 minor variations in the Work__ ...... _ 3,6 OWNERs responsibility to furnish data..,, _83 OWNER's responsibility to make prompt payment........... ......... R3, 14.4, 14,13 precedence ....... .......... -_ ........................ 3 1.3,33 Record Documents __ 0. 19 Reference to Standards and Specifications of Technical Societies .............. .......... 33 Related Work_ ........................ .......... ............ _7.2 Reporting and Resolving Discrepancies..,,., .2.5. 33 Reuscof, ............. __ ......... ........ .......... . ........... 17 Supplementing ............ _ __ .............. .... .. ... .. 3,6 fermination of ENGINURs Employment,,, , . 81 Unit Nic Work ........... ....... ..................... - 11,9 variations, .... ..................................... 16, 6.23, 617 Visits to Site, RNGINLBW. ........ . ...... ........ 9,2 Contract price - adjustment of ............... 3.5. 4.1, 9.4, 10.3, 11.2-11.3 Changeof .. .......... . . .. ......... ....... ........ . I I Decision an Disputes, ............. 9.11 definition o(_ .... ............... .............. ....... :1,11 Contract Timm - adjustment of ... 4.1, 9.4, 10.3, 12 Change of..... ...... .... .............. 2.1-12A Commencement of 3 definition _112 (Y)INTIUNCTOR- Acceptance of Insurance ... 5,14 Communications,_........... (i.2, 69.2 Continue Work 6.29, 10A coordination and scheduling ... _. _0�.92- definition of ...... _ ........ ___ ... ... ...... ............ .J, 13 Limited Reliance on Technical Data Authorized 2 2 May Stop Work or Terminate 15,5 provide site access to 7 13 2 Safety and Protection,, 4 3 L2, 6-16,6 1t1, -1.11-.1.1- 111.11 ...... ......... 6,21-6-2-3, T2, 13,2 ,Shop Drawing and Sample Review Prior to Submittal........._ ....... ... _ ..... ... ..... p,z5 Stop WWI< requirements,., , . , CON I'NA(7014's- Ar(icle or Rtragraph Number Compensation. , , _. , , _ , . J 1.1-11.2 Continuing Obligation........... _ 14 15 Dejcfive Work„_...., ..... . . .. ......9.6, Duty to correct defective Work_ .. .. ..... 1311 Duty to Report -- Changes in the Work caused by knicTgency Defects iii'%N'oik ofolheis .............................1.3 Differing condition* .. .. .. ... ...... .. ..... _ 423 Discrepancy in Documents ... _.. ,23, 33 2, 6,14.2 Underground Facilities not indicated_, _ ..... 43.2. Emergencies.. . _.... ......... ..... ... .... . ..... . ... 6-23 Equipment and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee—Cksl Plus__ ... 11 4,5.6, 115.1, 11.6 General Warranty and Guarantee ....................... 0.30 Hazard Communication Program 3 ..................... 6.22 Indeninification 6.12 6.16, 6.31-6.33 Inspection of the Work..._ ...................... ... 73, 13A Labor, Materials and Equipment ................ __03-6-5 Laws and Regulations, C orn phance by ...... __ 6,14.1 Liability Insurance .. .... ........... ...................... __ ' SA Notice of Intent to Appeal....................... 910, 10.4 obligation to perform and complete the Work.........__..____......._ . ........ ......... 0.30 Patent Fees and Royalties, paid for by__ ............ 15.12 Performance and Other Bonds 5.1 Penn its, obtained and paid for by .................... _0.13 Progress Schedule.. .............. .2.0, 18, 2.9, 6.6, i6,29, 10.4,15.21 Request for formal deGisionott disputes,. _9.11 Resporisibilitie'.— Changes in the Work Concerning Subcontractors. Suppliers and Others,—.._... .. .... ......... Continuing the Work,_ , _ , , 6�229, 10A CON'TRACTOR!s expense ...........................6 7A conuxAc*rows General kVan inty and Guaranteel, ..630 CONTRACTOk s review prior to Shop Dtau,mg or Sample subtuittat_ .......... 15.25 CotwdinaLion of Work ..........6.9.2 Emergencies .......................... .... ---- ......... 6.23 LNGINI-TR's evaluation, Substitutes or"Or-1;qual' Items, - Fos Acts and Omissions of 'Others _ , ,, � _ , , , 9.13 for deductible amounts. insurance... .59 general . .......... .... .... .... ........ .... 61 7.2, 7 3, 8,9 Hazardous Coinmunicatioft Prograinj 6.22 Ind4omnificalLon- 6,31 -6.33 EXIX,'OENERAL COMA nONS 1910 A 0"0 EN1 ION') Wtl TY OF FORT COLLINS MODIFI[CATIONS IREV 9/99) Lab(r, Materials and Equipment 3-6.5 Laws and Regulations A 14 Liability Insurance _5A Article or Paragraph ,Number Notice of variation from Contract Documents_ . � - ..... 11-1 1.11 - .1.11-11 1-16.27 Patent Fees and Rovalties & 12 Permits 6,11 Progress Schedule 66 Record Doe-unictus" 6,19 related Work performed prior to ENGINIERs approval of required subm ittals ............................................6.28 safe structural loading_._ ... ... .............. ..... 6.18 Safety and Protection ....... .... _ ... . 6,20. 72' 13.2 Safety Representative_ , _ .... .... . ...... ___ 6,21 Scheduling the Work .............. ........ .... 6.9.2 Shop Drawings and Samples ... ___ ....... 6.24 Shop Drawings and Samples Review byENGWFR ......................................6.26 Site clearifirim'. _6 17 Submittal procedures ...................................6.15 Substitute Construction Methods and Procedures 6.22 Substitutes and "Or -Equal" Items 6.11 Superintendence ................. .............. 0,2 Supervision...._...._......... .. ........ .... ... ... 6.1 Survival of Obligations_ ......... ............... 6.34 Taxes ¢ 15 Tests and Inspections.._. .13.5 To Report, ........ . .... .......... ........ ..... 2.5 Use of Premises ........ __ ....... fi. 16-6.18. 6.30.2.4 Pevanv Prior to Shop Drawing or Sample Submittal ............................... _ ....625 Right to adjustment for changes in the Work ..... 10,2 right to claim_, ......... 4, 7.1, 9.4, 9,3, 9,11, 10.2,11 . 2. 13.9, 14.8. 15.1, 15.5, 17.3 Safety and protection,._ ... ..... _j6.20-6,22, 7.2, 13.2 Safety Represertative . ... ............ .. . ..... .. . 6 21 Shop Drawings end Samples Submittals,,,, 61N-6,28 Special Consultants- 4A Substitute Construction Methods and procedures 6.7 Substitutes and 'or -Equal" Items, F-xpense, , . ..... ..... _ ._ _ ..... ..... .... 611, 6.7.2 Subcontractors, Suppliers and Others.._ .. ... 6,8-6,11 Supervision and Superintendence_...... .......fil, 6.2, 6�21 Taxes, Payment by 6 15 Uscot'Premists 616.618 Warranties aridguarantees , 6.5_ 6.3o Warranty of Tale - Written NT(A ice Required-- CONTRACTOR stop Work or terminate-,_,15,3 Report-, of Differing Subsurface and Phv.iical Conditions 4 2.3 SubsturittafWnpletion,, .... .. __ 14, 8 Vid C()'NTRACTORS-other 7 Contractual Liability Insurance 51A.10 Contractual Time Limits- 12.2 Article or Paragraph Number ('00rdination- CONTRACTOR's responsibility . ..... ... . ... ..... 0.9.2 Copies of Documents ... ... .... �2,2 Correction period Correction, Removal It Acceptance of/Jeficlive Work- in general__ ..... ....... ........ 104-1, 13,10-13A4 Acceptance ofDefective Work. _.._..... ........ Correction or Removal of Defective Work,.., . .... . ..... _630, 13.11 Correction Period 13.12 OWNER May Correct Defective Work ...... )114 OWNER May Stop Work ............ 13.10 Cost - of Tests and Inspections ........ ..... __ ................. 114 Records li.7 Cost of the Work - Bonds and insurance, additions) ............. 14-5.9 Cash Discounts ....................................... ...... 11,41.2 CX),\7FP,A(,'rOR!s Fee, ...... .... ...... 11.6 Employee Expenses,..,....... Exclusions to 11.5 General 11.4-11. 5 Flonic office and overhead expense*,, Losses and damages ....................................a 5.6 Materials and equipin en, 11. 4. 2 Minor expenses . .......... _ ........ . ........ _J1.4,5.8 Payroll costs on changes _ .... ....... ....... ...... HAI performed by Subcontractors ... _11,21.3 Records 11.7 Rentals of construction equipment and machinery......_........ __ _ __ 114,53 Royalty payments, permits and I icense rots IIA5.5 Site office and temporary facilities, ...... . 1114.5.2 Special Consultants, CONTRACTOR's. ..... ..... �l 1A.4 Supplemental_......_.. _ .. . ... ........ . .. ..... 11A.5 'Taxes reinted to the Work It 4,5A Tests arid Inspection, ...... .. .. ..... 13.4 Trade Discounts -.. j Utilities, fuel and qatiartTy facilities, ... .... j 1 4.5.7 Work aft regular hours .... ........ . ...... .. I ..... 1.11,4,1 Covering Work .13.6-13,7 Cumulative Remedies 17.4,175 CUttin& fitting and patching_ T2 Data. to be fornialud 1)), OWNT,,,'g 3 of Decisions on Disputes.._..............................9 11,9 12 dcli,ctive-definition of, J.14 dqfevvw Work, - Acceptance of 10.4 1, 13.13 EJUIX'Ut-'�'AAL CONDITIONS 1910-8 IJ990 IMMON) wi 0 TV 01' FORT COLLINS MOYMCATI ONa, MRV 9,99) Corrcetiort or Removal of IOAA, 13,11 Correction Period .1112 in general, .......................13, 14.7, 14,11 Article or Paragraph Number Observation by ENGINHFR, . .. ...................... .... 92 OWNT-R May Stop Work . .. ... ..... . ... .... _13.10 Prompt Notice of Delecis, ...... 13A Rejecting.-......_.. ...... ............. ............ . 9,6 Uncovering the Work 13,8 Definitions I Delays 4 1, 6,29, 12.3-12,4 Delivery of Bondy._ ..... ........... , _ _ ... __ — — ..... 2" Delivery of certificates of msuninK ........... ............. _1,7 Determinations for Unit Prioq,,,-. ........ ,9. 10 Diftering Subsurface or Physical Conditions -- Notice of ENGINEERS Review ..................................—A.14 Possible Contract Documents Change_ . .... ___4,2,5 Possible Price and Times Adjustments, ......... ... 4.2,6 Disurepancies-Reporting and Resolving __ .......... ..........2.5. 3.12, 6.14,2 Dispute Resolution — Agreement ... ...... .......... ................. ....... Arbitration gencra116 Mediation, ........ ............. ......... ... .. .......... 16.6 Dispute Resolution Agreement,_,, _ ...... ... .... t6.1-16,6 Disputes, Decisions by ENGINEER ................... 9.11-9,42 Document -,- Copies of... 21 Recard6.19 Reuse of._ ).7 Drawings --definition of,._.....,..._.._.. _JJ5 Easements............. ................ .......... ....... - ..4A . EfTective date of Agreement definition ......... ).16 Emergencies_ ...... __0.23 ENGMER— as initial interpreter on disputes.'. . ....... 9.11-9.12 derinitionof.—, 1.17 1, i ni itations on authority and r asponsi hi I i ti"- 9. 13 Replacement of_, ... 8.2 Resident Project Representative,. 93 ENGINTIERs Consultant -- definition 1,18 ENGINEERS — authority and responsibility, limitations on __9.13 Authorized Variations in the Work 95 Change Orders, responsibility for, 9,7, 10, IL 12 Clarifications and Interpretations... 3.63, VA Decisions on Disputes", d<tfeciive Work, notice ci, Evaluation of Substitute Items. .. .... __0.73 Liability__ ..... ...... ................. 9,12 Notice Work is Acceptable _ , ... ... . _34,13 Otnerv"tions., ., , ............. ...... . ..... &30, 2, 92 OWNER's Ropresentative_ Paylin ants to the CONT RAC1 OP, Responsibility for .... .. . ..... _9.9. 14 Recommendation of Payment......._ , -, _14A. 14,13 Arriele or Paragraph Number liesNiisibilitios--Lirnitatioiis on 11-9,13 Review or Reports on Differing Subsurface and Physical Conditions-- 42A Shop Drawings and Samples, review responsibility 026 Status During Construction -- authorized variations in the Work. .9. 5 Clarifications and Interpretations ___ A Decisions on Disput".. 9. it -9. 12 Determinations on Unit Pric0....................Rt0 ENGINEER as Initial Interpreter., _9,11-9. 12 ENOTNEERs Responsibilities .............. 1-9, 1 .1 Limitations on ENGINEER's Authority and Responsibili des ....... ...... .... _ _ ...... 13 OW Vs Representative........_. .............. . 9.1 Project Representative ......... . ... ..... _- -9.3 Rejecting Defective Work ...............................9.6 Shop Drawings, Change Orders and Payments. ......... .. .... .......... 9,7-9.9 Visits to Site ................................ . Unit Price determinations. _ ...... .. ...... 9.10 Visits to Site_......___._...._.___.___._.__....__ _9R2 Written consent required ............................. :1 2, 911 Equipment, Labor, Materials and ...... ........ ... 0,3-6.5 Equipment rental, Cost of the Work.. 11453 Equivalent Nfateriuls and Equipmenji.. _ _0.7 errar or cm issioniI, -0-33 Evidence of Financial Arrangements, I I Explorations of physical conditionj Fee, JL6 Field Order-- definition of, 19 issued by ENGINEER._......_.._ . 3.6.1. U Final Application for Psyna ent .. ................ ..... , . 1 4.12 Final Inspcc(i urn , ....... ............. j4 11 Final Payment — and Acceptance 'a 14,13-14,14 Prior to, for cash kwances 11,8 General Rovisions— t 7.3-114 General Requirements — definition o(_ ........ ...... ....... ........... ).210 principal references to., 2-6- 6 4, 66-6 7, 6.24 Giving Notice —JTI Outuntlice vfWork—by CONTRACTOR 6.30, 14.12 Hazard Coirimunicption Piogranis_ Hazardous Waste — definition general ... OWNER's responsibility for 14) EKIX,'AiNERAL CO.VAITIONS 1910-8 (19" firX1101J) w! OTY of, FORT COLLINSMOMMATIONS (RVV r9,"Wi Indemnification6,121 6 M 6,31-631 Initially Acceptable Schedules- 29 Inspection-- Certificates of . ..... ... _9.13,4, 13,5, 14,12 Final It Articleor Parngraph Number Special, required bvENGINEM ......... __ ... ... ... 9.6 Tests and ApprovAi __ ... __ . _, __9,7, 13,1-11,4 Insurance.. Acceptance of, by OWNER„_.... 5,14 Additional, required by changes in the Work 11.4.5,9 Before starting the Work,."..''., 1­11-1.1-1--l" ... 1.17 Bonds and --in general_, ...... ;_ ......... ................ Cancellation Provisions. , Certificates of .... .... ... .. 17, 5, 53, 5.4.11, 5.4.13, ..... I ... ........... 3.6-5, 5,8, 5,14, 9.13.4. 14,12 completeoperations... 5-413 CON'TRACTOR3 liability ...... .. ............ 5.4 CONTRACTOWs ohjccticn to coverage........ 3.14 Contractual Liability __ ........ ......... _5A 10 deductible amounts, CONTRACTOKs responsibility ................... ................. .5,9 Final Application for Payment ... ..... ... ........ .. 14.12 Licensed Insurers Notice requirements, material changes,., 10.5 Option to Replace._..._ ............. .... .. ........ . 5.14 other special insurances ... ... .................. ....... 5,10 OWNER as lij duciary for inswok 5 12-5 13 OWNERs Liability,_ 5.5 OVINEws Responsibility,__ ......... ... ..... . ­­­8.5 Partial Utilization, Property Insurancl ..... ......... 5.15 Property. ..... ...... _ ... ....... - ....................... 5,6-5,10 Receipt and Application of Insurance Prooee'*'............................................ 5,12-5-13 Special Insurance, ............ 5. 10 Waiver of Rights.......... ................................. . 5.11 Intent of Contract Documents ..... .... ____11-3.4 Interpretations and Clarifications...._ . ...... _3 6.3, 94 Investigations of physical cori ..........................42 Labor, Mincrialsand Equipment. ....... .. _ .63-63 Land-- 8.4 Reports and Tests..... ...... __A Laws and Regulations— Laws of Regulations -- Bonds Changes in the Work 10A Contract Docturients 3.1 co\'TRACTOR's 614 Correction period, defective Work 12 Cost or the W'ork, taxes 11,4.5,4 definition of 1.122 gencrallO, 14 Indemnification. . "I ­., .11.11, 11 1-111 1.16,31-6.33 Iniurance... ...... ......... .. ... Precedence I., I � 1,1,3,33 Rcterenue to_., ...... .... . ... ... .... .... . ..... 33-1 Sa fiety and protect ion. . ....... .... 6.20, 13 2 Suboc,ntraclors,Supphers and 01hers ., 68-6 11 .Article or Paragraph '.dumber Tests and Inspections 133 Use of Premises. ......... .. ..... 6.16 Visits to Site._ 9 Liability Insurance— 54 OWNER's-_ . .................. ..... Licensed Sureties and Insurers..........,_ 5.3 Liens— Apl)licatioiifi)rProgressPaymeiit,,,, J4.2 CONTRACTOR's Warranty of Title,-__.,,,,,_,_1. 114,3 Final Application for Payment .........................A4.12 definition o( j 23 Waiver of Claims .............. ................... _. _JU5 Limitations on EMOINEER's authority and responsibilities.._...._ .. ........ .. ... .. ...... 9,13 Limited Reliance by CONTRACTOR Authorized ......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment,___, ... 14.12 Manuals (if others) -- Precedence ... ..... ..... . ......i3 3,1 Reference to in Contrac(Documents .......... ........ 33.11 Materials and equipment -- furnished by CUINT ItACTOR 63 not incorporated in Work'--., Materials or equipment --equivalent ................ _0.7 Mediation (Optional) ... . ............ ...... _ , _J6,7 Milestones. -definition of....._ ................... __ ..... _J.24 "30ellimecuts-- Computation of Times., .. ... ... . 172 Cumulative Remedies„_........ ........ ..... _ .. ..... 17.4 Giving Notice..... ' _ _ _. .. . ...... ........ _ _ Notice of Claim,__.., 173 Professional Fees and Court Costs Inc] aded-, 17.5 Multi-prifflecontracts__ Not Shown or Indicated 412 Notice of-- Acceptubili(yo(Project. Award, definition ul-, �1.25 Claim.... ....... ............................. ......... ....... 1,7 -1 DefectsJ3.1 Differing Subsurface or Physical Conditions, 4,21 Giving Tests and Inspections, 133 Variation, Shop Drawing and Sample,_ (1 27 Notice to Proceed— definition 0( 20 giving of _23 IXTX! (ANERAL CONDMONS 1910-8 (19941 FIA110N) W CITY Or, FORT COLUMMOURCATIONS IREV"9) Notification to Surety_ , . _ .... I0.3 Observations, by BNGINCM2 f00. 9,2 Occupancy of the Work....... Is. 15, 6.30.2.4, 14,10 Omissions of acts by CONTRAM OR, ... .... ...... 6.9, 9 13 Open Peril policy form, Insurance,,,,, __ ........ _ I � 5,6.2. Option to Replace...._...... _ ...... ........ ... __ ............. 5, 14 Article or Paragraph Number "Or Equal" Items _ .. .... .............. ..... 6.7 Other work 7 Overtime Work —prohibition of_ 6 OWNER -- Acceptance of defective Work..._ .. ...... ..... .j3.13 appoint an ENGINEER- 8.2 as fiduciary ....... ... _ .............. ...... Availability of Landa, responsibility definition of data, tarnish ........... 8.3 May Correct Defective Work.. ............... .... 13,14 May refuse to make, payment.._...._......_ .. ... _ _ 14,7 May Stop the Work .......... _ ......... ...... J3 10 May Suspend Work, Tenuimuce .... .... .. ........... $X 1110, 15. 1-15A Payment, make prompk ........... .... $3, 14,4,14,13 perforumnae of other work .................................. 71 permits and licenses, requiremen . ...................6.13 purchased insurance requirements.,_ 5.6-5 10 OWNERS -- Acceptance of the Work,......_ ......... ..... 6.301.5 Change Orders, obligation to exocutc ......... 8.6, 10A Comm unteation! 81 Coordination of the Work_ 7A Disputes, request for decision,, ... .......... .. ...... fll fnhWcticnr, tests and approval;..................8.7, 13.4 Uabdrtylnsurancc.__ ........... - ..... ..... .__ _5,5 Notice of Defects..............................................a3 I Representative —During Construction, UNGINIEER's Status 91 Responsibilities -- Asbestos. PC13s, Petroleum, Hazardous Waste or Radioactive ,Material, Change Orders........._ .... . ... ... ...... . . ...... &6 Changes in the Work, 10"! communications— KI CONTRACTORS responsibilities. 8,9 evidence of financial arrungcmenta_, .8. 11 inspections, tests and approvals ' S 7 lands; and eascment5 .... .. .. 84 proinpi payment by . ..... . _ . , 8A replacement of ENGINEER, 8.2 reports and tests.,,,, 84 stop or suspend W-ork, ..... . 8 8, 13.10, 151 terinmate (7VN7R-,NCTOR`s services..........._. ...... ... ..... 8.8. 15.2 separate repreSentatiVest site ..... '' r .................. 94 testing, independent use or occupancy of the Work- 15, 6,30.2.4. 14.10 written consent or approval required_....._ ...... ....... ...... _ ...... 9A, 6.9, 11 4 Fx,ix(wNf;AAt. (.,.oNg.)rr10N8 VAU-N (1990 E111110'41 wt CITY OF FORT COLLMSMODITICATIONS MV909) Pay Item No. Pay Item Description Quantity Unit of Measure Unit Total Price Subtotal Descrlp8on 2710 STRIP B STOCKPILE TOPSOIL 1.00 LS 1,500.00 1,500.00 2720 EXCAVATEAMPORT BORROW FROM CHANNEL AREA 1,800.00 CY 8.00 14,400.00 TOTAL EARTHWORK BORROW AREA Subtotal: 15,900.00 5010 STORM DRAIN PIPE I 1.00 LS 53,400.00 53,400.00 5020 STORM DRAIN PIPE 2 1.00 LS 11,60D.00 11,500.00 5030 STORM DRAIN PIPE 3 1.00 LS 11,400.00 11,400.00 5040 STORM DRAIN PIPE 4 1.00 LS 6,200.00 6,200.00 5050 STORM DRAIN PIPE 5 1.00 LS 7,700.00 7,700.00 5060 BURIED TYPE M RIPRAP WAC TYPE It BEDDING 22100 CY 86.00 19,006.00 TOTAL PRICE STORM DRAINAGE Subtotal: 109,306.00 6040 FOOTING 8 PADS FOR PICNIC SHELTER AREA 1.00 LS 5,800.00 5,800.00 TOTAL CONCRETE FLATWORK Subtotal: 5,800.00 TWO WHEELSTOPS 25.00 EA 40.00 3,500.00 7030 HITCHING RAILS 6.00 EA 250.00 1,560.00 7040 HORSE WATER SPIGOT 1.00 EA 350.00 350.00 7050 WATER SERVICE FROM HOUSE 500.00 LF 14.00 7,000.00 7060 TREE REMOVAL 1.00 EA 90D.00 900.00 TOTAL PRICE MISCELLANEOUS Subtotal: 13,310.00 SON BTC SUPERINTENDENT 1.00 LS 6,800.00 6,800.00 GRAND TOTAL: $284,03315 TWO HUNDRED EIGHTY FOUR THOUSAND THIRTY THREE DOLLARS AND TWENTY FIVE CENTS TOTAL WRITTEN IN WORDS The foregolng prices shall Include all labor, materials, transportation, shoring, removal, dewstering, overhead profit, insuranos, ate., to covarthe complete Work In place of the several kinds called for. Bleder acknowledges that the OWNER has the dgMto delete hems In the Bid or change quantities at his sole discretlon without &Bating the Agreement or prices of any Rem so long to the deletion or change does not exceed twenty-Mepercent (25%)o the total Agroem Price. RESPECTFU1W1'� S ED: April 006 BIT CoastnrctliL N Signature— Tide License Number (h Applicablef (Seal - if Bid Is by corporation) Attest: Address: 9385 Emporia St Henderson, CO 80640 Telephone 303.46A0199 Article or Paragraph Nuniher written notice required, T1, 9,4- 9,11, 14,7, 1i.4 P(7,Bs-- definition of general.,___ ........ ................... OWNER's responsibility for,, Partial Utilization— definition of ... .. ..... ... .. ..... .. . 1,2K general 630.14, 14.10 Proporry Insurance_ 5,15 Patent Fees and Royalties_ 6,12 payment Bonds. ........... Payments, Recommendation of ....... _., ..144-14,7, 14,13 Payments to CONTRACTOR and Completion — Application for ProgressPayments_ , . .......... _ ... )4.2 CONTRACTOfes Warranty of Title_. . .....14.3 Final Application for Payment .........................14.12 Final Inspection ........ ...... ......... . ,..1411 Final Payment and Acceptance,,,,,,,,,,,, _14.13-14,14 general............................. . .... ........ 1­11.83. 14 Partial Utilization 14,10 Retainaga.................................................. ........14.2 Review ofApplications Cur Progress Pgym ents__ . ............. ... ....... J4,4443 prompt payment,. . . .. ............... Schedule of Values...,. , ,, , _., _ ........... ....... < 14.1 Substantial Completion ........ ..... .. ... ... .... 14.8-14.9 Waiver of Claims .... ........... ...... .. ............... 14,15 when payments due..........._ ......... ...... 14,4,14,13 withholding payment, 14,7 Performance Bonds-- I _5.1-5,2 Permits .... .................. .. 0.13 Petroleurd— definition of .... ......... ............. 1. 30 general,,,,., ..... ...... ........... _ .... __ ........ ... 4.5 OWNER'stesponaibility for.,,... ........ s.10 Physical Conditions -- Drawings of, in or relating to, A 2.1 ENMNEER's review . ... ....... _4,14 existing structures, 42,2 general 4,2.1,2 Notice of Differing Sit bsur face or,, Possible Contract Documents Change. .. ..... A.15 Possible Price and Times Adjustments—, Reports and Drawings .... ... .... ....... Subsurface and, .4,2 Subsurface Conditions 4,22, 1 1 Technical Data, Limited Reliance by CONTRACTOR Authorized 2 Underground Facilities.- gencial.......... ........... ...... ........ Not Shown or Indicaed _43,2 Protection of..,......_3, 6 20 Xil Article or paragraph Nunn her Shown or Indicated 43 1 Technical 4,2 2 preconstruction Conrerenq.. 2. Prel im inary 'Malters, ... ..... .... lYcluninary Schedules .......... �1,6 Premises, Use of".111­11­ Nice, Change of Contract_, ..... ....... ... Price, Contract --definition of,..... __...._ .. Progre-5s, payment, Applications for, 14,2 Progress Payment--retainagg., 14,2 Progress schedule, CONTRACTOWs.,... .... 6, 2, 8, 2 9, ........ 6.6, 6.229' 10.4, 15.2.1 11r(ject--definition ............. .. 1 31.... Project Representative-- ENGINTEERs Status During Construction.........., 93 Project Representative, Resident —definition of ... . ... 133 prom pt payment by MWEP ....... ............... ... 83 Property Instiratim- AMtional, . .. . .. ... . ..... ..... �5, 7 generalS.6-_�.'10' Partial Utilization ...... .. .. ... .......... .... 5,15, 14.10�2 receipt and application of proceeds ............ 5,12-3.13 Protection, Safety and .......... ................... 13.2 Punch I ist J4,11 Radioactive Material— defintion of.. ...... ....... __ ...... ...... . ... . .......... 1,32 gencra14.5 OWNER's responsibility ((a ....... ............ 8. JO Recommendation of Poymcnit....._ ... ...... 14.4, 14, 5, 14.13 Record Documents_ ..... ..... ...... .......... _ 0, 19, 14,12 Records, procedures for maintaining,, .................. .�.S Reference Points ................... .. 4.4 Reference to Standards and Specifications of Technical Sociefia___ .... 3.3 Regulations, Laws and (or) .... ......... ...... 6,14 R*cting l)qfective Work ... ..... .. ... ....... . _.9,6 Related Work -- at Sde ___ ............ .............. 711-7.3 Performed prior to Shop Drawings and Samples submittals review ...... f) 28 Remcclics, cumulative,,, ....... .. ... .. . ........ . 174.175 Removal or Correction ofWfechve Work.,._. _ . � _ 13,11 rental agreements, OWNER approval required., 11,4.5,3 replacement of ENGIXEER, by OWNER ..... . ..... Reporting and Resolving Discrepmicios................................2 5, 3.3 2, 6 142 Reports_ and Drawings.... ......... . ..... .... ...... 4,2A and Tests OWNWstespotisibility, _13.4 Resident and Project Representative_ definifion of- ­11­ .. 11 — 1 1133 provision for ........ ........... ....... ___ .. ..... 3 EAI)CGENERAL COM)MUN131910-8 (1990 VJTIIOi� wf CITY OF FORT (,'O[.LIM MODMCAMOM (KEV WW? Article or Paragraph Num her Resident Superintendent. CON- TRACFOWs ............... 6,2 . Resporisibilities-- CONTRACTOR!9-in general.......,_ __ ........................6 WNGINNUR's-in general ... ... . ... .......... __ ___9 Limitations ort 9.13 OUNER's-ingencral-1-.-I.. 1­11­1111 ...... ........... ­8 Rem mage 14,2 Reuse of Documents.. 17 Review by CONURACTOR: Shop Drawings and Samples Prior to Submittal.,._ .. .... ... 6,25 Review of Applications for Progress Payments-l'...', Right to an adjustmeiat_ ............... ... ... ...... J0.2 Rights of Way__ ., __ .... ... - ____ ......... Royalties, Patent Foci and .................. ............. _j512 Safe Structural Loading-, ...... _ ........ 618 Safety. - and Protection 4.3,2,6.16, 6.18, 7.2, 112 general.................................................... 0, -V- 6, 2-3 Representative, CONTRACTORs ......................6.21 Samples -- definition of,..,...... .. ............ ......... ...... .. _134 general __ ........ ........... . ....................... 0,24-6.28 Review by CONTRACTOR .... . ............... _ ...... 6,23 Review by ENGINEER .............................. k,26, 627 related Work 0.28 subvirtal of., 624-2 submittal procedures ...... r . ............ .. .. .. Schedule of progress .... ....... 2.6,2.8-2.9,6.6, 29. 10A, 1521 Schedule of Shop Drawing and Sample Submittals ..... 2,6, 18-29, 6,24-628 Schedule of Values_ ... .. .... .16, 18-10, 14. I Schedules -- Adherence to., Adjusting, ,,, .. .... 0.6 Change of Contract Tmies_ .... 4 InitiallyAcceptnble ... .... Preliminary_ ...... ;,6 Scope of Changes .......... ........ 10.3-10.4 Subsurface Conditions..., ..... .. ..... ... Shop Drawings ­ and Samples, general ...... ........ 6,24-6 -19 Change Orders & Applications for Payments, and, 9,749 definition of 1,35 ENGINH-Ws approval of... 61 ENOUNEEks responsibility i for review_ ... ........ ........ ....... . 9,7, 6,24-6 29 related Work __ ... ....... .... 6.18 review procedurcs, 2,8, 6.24-6,429 xin Article or Paragraph Number submittal required.,,.,_,_:_, ...... .. ..... ... ... ..... 6,241 Submittal Procedures .._ 6_25 "setoapprove substitutions., .673 Shown or I ndicaWck �3.1 Site Access . ... ... ... .... ... ,7.2, 13,2 Site Cleanliness...... ....... .. ..... ....... ........ ... .. 6.17 Site, Visits to -- by EN(3lXHER_ 02, 111 by others, 2 .1spectal causes of loss" Policy for In, insurance definition of 36 Specifications— defination................ ... ..... ........ .......... .....1.36 of Technical Societies, reference to '......... ... 3.31 precedence ...... ...............................................3.3.3 Standards and Specifications of Technical Societies.....,....._ 3.3 Starting Construction, Befurq ........... ............ 2.5-2.8 Starting the Work,,....... ... ..... ...... . _2.4 Stop or Suspend Work— by CONTRACTOR...........................................15.5 by OWNER ................ ........... _8.8, 13,10, 15.1 Storage of materials and equipment ... .. .... . . , ,, . 4. 1, 7.2 Structural Loading, Safety_ ....... . .. .. . .............. .. 618 Subcontractor — Concerning, ................. ..... .......... ........ 1 definition ol........................... .......... ... ... .... J.37 delays ... _ _ .... .. .. ..... .. .. _ 121 waiver of rights.... . ........ .. ...... ... 6.11 Subcontractors --in general.......... __. _.. ........ _68-6.11 Subcontracts --required provisions.... 11, & 11, 1 1A.3 Submitbils-- Applications, for Paymon� . ........ ....... ............... 14.2 Maintenance and Operation Manuals_ 14.12 Procedures _625 Progress Schedules .. .. ....... 2.6, 29 Samples .. ... ....... 624-6,28 Schedule Of Values ... 141 Schedule of Shop Drawings and Samples Sul-nn issions 2.6,18-19 Shop DrawingA.-I Substantial Completion -- certification 14,8-14,9 definition ....... . ... ... ........1.38 Substitute Construction Methods or Procedures, Substitutes and "Cr Equal" Items..... ......6.7 CONTRACTOR's Espense, RNGIN'WR's Evaluation, 67.3 "Or -Equal"., _6_7A 1 Substitute Construction Methods EX)W OENFA(AL (.70NUITI6NS 1910.8 (19" EDHION) w/ (ITY'rT FORT COLL MMOWFICATIONS (VXV9!99) Article or Paragraph Number or Procodureq, ............ .................... 6 72 Subst itute Items 67A 2 Subsurface and Physical Cori Drawings of. in or relaung to . ...... ... ..... 4,2.1.2 ENGIMM's Review,,, .4,24 general.... ..... ... ........ ...... ... .. ..... 4.2 Limited Reliance by CONTRACTOR Authotizcd_ . ...... 2 Notice of Differing Subsurface ca ,Physical Conchinons ...... _4.23 Physical Conditions 4.11 22 Possible Contract Doc Is' 61%oige 4.2.5 Possible Price andTimes Adjustments ... ......... . :4,2.6 Reports and Drawings ........ . .... .... 411 Subswlh(.e and...................................................4.2 Subsurface Conditions at the Site ..................4.2.1.1 Technical 42, .... 2 Supervision— CONTRACTORs responsibility .. ........ _j$.1 OWNER shall not supervise .................. ...... ...... 8,9 FNIGMER shall not supervi34................. 92 9. 13.2 Superintendence_. ......... .............. ......... _ ....... .. _A2 Superintedcrat, CONTRACTOR's rcsidenk__ Supplemental (.vats., ..... ..... ... Supplementary Conditions -- definition of ..... ........... ............ .......... A.39 principal references to ............. ... j • 10, 1, 18, 2,2, 2.7, 11 11 11 ... ..... 1 .4.2. 4.3, 1, 1, 5, 3, 5A, 5,6-5,9, . ........ * "' 5.11, 6.8, 6.13, T4, 8.11, 9.3,9.10 Supplementing Contract Documents.,-......._ . ...... Supplier — definition of : ... ............ ___ ........... ........ 40 principal references tq ... _,3.7, 6.5, 6120, 6.24, 9,13, 14.12 Waiver of Rights........._... 6.11 Surety — consent to final payment., 4, 12, 14,14 ENGINEER has no duty foll- ... 9,13 Notification or .... 10 1, 103, 13 2 qualifications(___... - 3 Survival of Obligations., „ jG34 Suspead Work, OWNER May .... .. 13.10, 15.1 Suspension of Work.and 'Term ination— 1 15 COS TRAC,TOR May Stop Wot k of Terminate,. 0"NER May Susjxnd Work 15,1 OWNER May Terminate........_._. Taxes -,Payment by CONTRACTOR' Technical Limit"I Reliance by CONTRACTok ........ —4,12 Possible Price and Times Adjustments.. Reports or Differing Subsut face and Physical Conditioms. xiv Temporary construction facilities— ..... __ __ ... _ 4.1 Article or Paragraph Number Termination-. hy(,-,ONTRA(,-1"0R ...... ... ....... 15,5 by OWNLR ........ ....... 15.1-15.4 ofLNGINTER's employment,. ..... .. ___ 8.2 Suspension of Work-in general., Terms and A4jooi'vcj.. ....... ........ ...... 34 Tests and lrvspectikms-- Access to the Work, by others 13,2 CON TRACTOR's ieqn)nsibilitics 13,5 cost of 13.4 covering, Work prior to..... _.............. _J16-117 Laws and Regulations (or)...........,._,__.,_....,..... 113 Notice of Defects ........... ...... ........... J3.1 OWNER May Stop Wort: ...... ...... .. .....13.10 OWNER's independent testing .......................... J14 special, required by ENGINEER,,. _____ ............ .9.6 timely notice required ...... ............ ...... ____ 114 Uncovering the Work, at ENODMEWs request..._......_ ... ... .. A18-13.9 Times — Adjusting.... ........... .......................... ......... 6, 6 Change of Contract.,,, . ................ ................12 Computation of 17.2 Contract Times --definition of ................ 1.12 day . . .... I - 7,12 Milestones . ..... .... .... Requirements -- appeals _ ...... ...... 5.10, 10 clarifications, claims and disputes ..... .......... .9.1 1, IL2, 12 Commencenientof Contract Times.... .. .... .... 13 Preconstruction Conference ...........................2.3 schedules.........................................2.6, 2,9, 6.6 Starting the Work . ....... 2A Title. Warranty of....-. .... .. . ........... ............. _143 Uncovering Work,.. _....... ...... __ .... ....... __13.843,9 (Aiderground Facilities, Physical Conditions — definition of.,, .... 141 Not Shown or Indicated, ... 43, 2 protection of 4,3. 6,20 Shown or Indicated_:_..._ . . ...... .. ... ... . .... 4,3,1 Unit Price Wot k-- clauas 11,93 definition of.........._........ * ......................... j 42 14.5 generall Lo, 14,L U"hit .Prices -- general 11,11 Determination for_, ... .... 910 Use of Premises ' . ......... 6.16, 6,18, 6.30 2.4 Uility ovalers .... ..... .. ........... ...6,13, 6,20, 71-13, 13.2 thili2ntion, Partial., , , - , 1.28, 5,15. 6.3024. 14.10 Value of the Work,,,,,,,,,,,,, .......... 11.3 Valuc-*, Schedule .2-6, 2.82.9, 14.1 EDITION) wi(ITY OF FORT 0,011IN5 MODIFICATIOW. OWV9,99) Variations in Work —Minor Authorized 6-15, 6,27, 9,5 Article or Paragraph Number Visits to Site —by ENGNEER ........ __ 9 2 Waiver of(Inims—on Final Payment, ......... _14,15 14aivcr of Rights by insured partieg_ .... 6.11 Warranty and Guarantee, General --by CONMACK)RI... 6-10 Warranty of Title, CONTRACTOR's ........... Wank -- Access to 13,2 by kthers .......... ......... .......... Changes in the_. __ ...... __ ...... .10 Continuingthe ...... ................... .... .................. 629 CONTRACTOR)&y Stop Work or Terminate ...... ...... ....... .... . . .... 5.5 Coordination of., 7A Cost of the.................................................11.441.5 definition neglected by CONTRACTOR ......... .......... .. 13.14 otherWork._ ......................... .................. ........... 7 OWNER May Stop Work.._ ....... .. ... .... —.1-113.10 OWNER May Suspend Work ................. J;3J(), 13,1 Related, Work at Site ..................................... 7,143 Starting the .......... ....... .......... _-__ ................. %A Stopping by CONTRACTOR. .. ........ ..... ......... 15.5 Stopping by OWNER __ ...... .... 15.1-15.4 Variation and deviation authorized, minor .... __ J6 Work, Change Directive — claims pursuant to........._................................ _10.2 definition 1,44 principal references to........... . Written Amendment — definition of ... _ ........ ......... ...... 14.5 principal references Iq ... ......... , 1. 10, 15, 5,10,15,12, .............. .......... 6,6.2, 6.8,2,6.19,10.1, 10.4, Written Clarifications and Interpretaficim,................ 16.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR 9 10-9.11, 10A.11.2, 12 1 by 0WNM,R 1 10-9,11 1 O, 4, 11.2, 1314 XY ERIX7 UENERAL CONN-1710\80104 419W EDHION) wl (ITY (TrORT MI.I.rN% MODMICATIMS MEN W99) (This page left blank intentionally) xm ER7X'. (.: &RAt, coMJlnohs mo.s (1 vw HDI no7Q} VWCITY Or, FORT COLUNS MODDICAmONa W-V 9,99) GENERAL COMMONS ARTICLE i--DFFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the it indicated which are applicable to both the singular and Plural thereof: 11 trkknda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. 9g,moment- The written contract between OVkNER and CON fRACTOR covering fire Work to be performed, other Contract lkctmnems, are attached to the Agreement and made a part thereof as pnwidad therein. 1.3, lkistion for Paynmat--The form tuc by ENGIN. which is to be used by CONTRA e OR in requesting pr ess or firm) payments and which is bin be accompanied such supporting documentation as is required by the ntmet Documents. 1.4. Asbestos --Arty material that contains more than one percent asbeatos and is friable or is releasing asbestos fibers into the as above current action levels established by the United States Ocatipational Safety and Health Administration. 1.5. Bid —The otter (a proposal of the bidder submitted on the prescribed formsetting fbilh the prices for the Work to be prform 1.6. BMUdnp Dxamenis—The advertisement or invitation to Bid, instructions to b0dem the Bid form, and the proposed Contrail Documents (including all Addenda issued prior to receipt of Bids). k7. Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid faun. E.B. Bondy —Performance and Payment boards and other instruments of security. 19, Change inter —A document recommended by ETOPNEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Wed, or an adJusirnent in the Contract Price or the Contract Times, issued on or after the Effe five Date of the Agreement. I V)_ Corrhuct Documents- The Agreement, .Addenda (which pertain to the Contract Documents), COW R ACTOR's Bid (incl documentation accompanying the Bid and any past . ul documentation submitted prior to die !Motive of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bords, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC rrD*AAt. CONVITIONS t 9 te$ 0 991) Edition) te/ QTY of F(nari,".I I M MotrFi(7AnONS (RE4 4;10ran) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and INGINEERs written innl1etxr�parretationrs and clarifieatt"(ms issuul pursuant to Paragraphs ._5. 3.6.1 and 3.6.3 (n or after the Eflectivc Date of the Agreement. Shop Drawing submittal; approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings refereed to in paiagraphs 4 2.1 And 4.2.1. are not Contract Documents. 1,11 Contract Price —The moneys payable by OWNER. to CONTRACTOR for completion of die Work in accordance with the Contract Documents as stated in the :Agreement (subject to the pnwisiom of paragraph 1 L.9 1 in the case of Unit Price Work). 1.12. Contract Tunes —The numbers of days or the dates stated in the Agrecinent; (i) to achieve Substantial Completion, and (ii) to complete foie Work so that it is ready for final payment as evidenced by INGINURR's written rcco mmenriation of final payment in accordance with paragraph 14.13. 1.13_ C0AM?AC7YM--The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in dim it does not confornn to the Comet Documents, or does not meat the requirements of any inspection, reference standard, test or approval referred to in the Contract Docrmnatts, or has been damaged prior to E NGUgmE s recommendation of final payment (unitss responsibility for the protection thereof has been assumed by OWNER at Substantial Cannpletion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be fumislied and peftmed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1,16. Eftchve Date of the Agreement. -The date indicated in the Agreement on which it modistes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the, last of the two parties to sign and deliver. 117 1UNGAMR-1he person- firm or corporation named as such in theAgeennent. 1_18, F.':4t IVEER's Corouttwrt--A persons, fimr ur corpr nniom having a contract with ENGME' R to furnish services as FNGMER's independent professional associate or consultant with respect to the Project and who is identified as such in die Supplementary Conditions. I.19. Field order —A written order issued by FNGINFFR which orders manor changes in the Work in accordance with paragrap9.5 but which does not involve a change in the C",odract tcc or the Contract Time& 1.26. General Rogrdrainents--Sections of Division I of the Specifications. 1.21. fluzardnur Id'ox[¢—The Tenn Ilrtrardcars 1b'aWe sturll have the meaning provided in Section IW4 of the Solid Waste Disposal Art (42 LNC Section 6903) as amended Gam time to time. I22.a_,. l ". arrd Regulations; Laws or Regulations- Any and all applicable laws, rule& imitations, ordinances, codes and orders of any and all governmental betties, agencies, authorities and courts having jurisdiction. 1.222.bal lio6tkr}a--shall lc those holidays observed by_the c'ity,- of FartCnllim 1.21 Liens -Item, diarges, security interests or encumbrances upon real property or personal property. 1.24. Alitestone--A principal event specified in die Contract Documents relating to an intennediatc completion date or time prior to Substantial Completion of all the Wok. 125. Notice ofAward-A written notice by OWNER to the a Amur t successful bidder sailing that upm compliance by e apparent successful bidder with the conditions precedent enumerated therein, within The tine specified OWNM. will sign and deliver the Agrcenerit. 1.26. Notice to Proceed A written notice given by OWNER to CONTRACTOR (with a copy to.IWGINW) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR small cart to pertorm CONTTRA(`TOR'S obligations order the Contract Documents. 1.27 t7JINER--The public body or authority, c7rpcxmion, association, firm or persm with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided L28. Partial Utiiizabon-Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to SuhWantial (A)mpletiem of all the Work. 1.29 PCBs —polychlorinated biphonyls. 1.30 Petroleum-Ntroletmi, including crude oil Or any fraction thereof which is liquid at standard conditions of tomFFxratura and pressure (60 degrees Fahrenheit and 1d.7 pounds per square inch absolute), suchas oil, lxuoleum, fuel oil, oil sludge. oil refuse, gasoline, kenuene and oil miners with oher non -Hazardous Wastes and crude ails. t 3l. Pr-ajea—The total construction of which the Work to be. provided under the Contract Documents ntav be the whole, or a part as imlicated elsewhere in the Contract Documents. 132.a Radioactive Material Source, special nuclear, or byproduct material as detined by the Atomic Energy Act of HJCUCQF,N?K,AL CQNDjJtOI S 1930-ti ii91614d6tteru vet QTr OFFOR (TttJdidS Mrti[Fri'L4l'tCINS (1?hl/ d Rasa) 1954 (42TW, Section 2011 at seq) as amended fron time to time. 1,32b _ ftylgr Wo-rking:Flnw R� ulnr wcula hpivs as_e_defined as 7C1t1am to pf t,unless W�aerwtsc specified ip dla amoral Reguiremmts_ 1.33 Resident PivifectRepmsentative--Tho authorized representative of ENGINEER who may be assignal to the site or any part thereof. 1.34. Samples—lyhyscal examples of materials, ecpeipnent, or woriemansht that are reprr_sentatve of some porno of the Work and which establish the standards by which such portion of the Wart will be )udged L35 Shop ©ntwings»Afl drawings diagrams, illustrations, schedules and other data cc information which are s1pxcci'fica11 prepared c r assembled by or for CONTRAt TOR and submittal by CONTRACTOR to illustrate some potionof the Work. 1.36 Spactflcadons—Those portions of the Contract Documents consisting of written fee hn cal descripuon% of materials, equipment, arnWructim systems, starrclnrd and workmanship as applied to the Work and certain administrative details applicable thereto. 137. &6conowtor-An individual, firm or corporation having a direct corimrct with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1,38, Substantial Completion. -The Work (or a speciE%d part has }Y to tide VAM where, n due apaiim�o ENtI ax evulorced by ENGINEER's definitive certificate of Substantial Completion, it is suflicisntly complete, in accordance with the Contact 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 ceaatrkto and ready for fatal payment as evidenced by OINEER's written recommendation of final payment in accordance with paragraph 14.13 The terms "substantially complete" and 'substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The part of due Contract Documents which amends or supplements these. Ocmtet-al Conditions. 1,40. Supplier —A manufacturer, falxicator, supplier, dis¢ibutor, matexialman or veralor hiving a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipnem.to be incorporated in. the. Work by CONTRACTOR or am Subcontractor. 1.41. Underground fdacitities—All pipelines, comtuiw, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attarmicitts, and any emasanctits conairting, such facilities which have been insialted underground to furnish any of the fbllinving services or matergals. electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television. sewage and drainage removal, traffic or (Alter (x)ntrol systems or water 1.42. Unit Price lFork--Work to be paid for on the basis of unit prices. 1.43, Mork —The entire completed construction or the various separately identifiable ppurmlts thereof required to be furnished under the Contmet linctmnerts. Work indud( : and is the result of performing or furnishing labor and rurnislhing and moorporating materials and equipment into tie ounstruction, and performing or tarnishing services mid fornislring documents, all as reclined by the Contract Docs:rments.. 1.44. ltiork Change arucave—A written directive to COI'"TRACTOR, issued on or after the Effctive Date of the Agreemesrnt and sighted by OWPiI"aR and recommended by ENGINEER, ordering an addiiah, deletion or revision in the Work, or responding to dift or unforeseen physical conditions tender which the W'oxk is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Wcxk C$a%c Directive will not change the Contract Price or the Contract Times, but is ovidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if arty, on the Contract twice or Contract 'Times as provided in paragraph 10.1 1.45, Wrinan Antera8turit---A written amendment of the Contract Documents, signed byy OWNER and CONTRACTOR on,or after the Effective Date of the Agreement and normally dealing with the nnnengincering or nontechnical rather than strictly catsa�lcacm-related aspects of the amtract Documents. ARTICLE 2—PRELMINARYMATTERS Detirery of'Roarts.' 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5_ I. CtipiesofDrasnire &- 2 2 OWNER shall furnish to CONTRACTOR tip to ten copies (unless otherwise specified in the Supplementary Concliticins) of the Contract Documents as we reasrnebly necessary for the execution of the Work. Additional copies will be, furnished, upon request, at the cost of reproduction. Com n eneement of Contract Times Notice to Proceed° 2.3, The Contract Times will commence to run on the thirtieth dny after the Effective Date of the Agreement, or, L•WODC. QI dAXAL CONIX*110M 19195 0999 E111 ah) in GT rY OF FORT 4-MUM MODIFIC.ATIOM4 (a)'!.t' I21M) if a Notics to Proceed is given, on the day indicated at the Notice to ProceW, A Notice to Proceed may he given at any time within thirty days alter the Effective Date of the t�reemant------la--raa--�cnt•—hvili eommr-Ttarrwtt deist them den ta-iekh,- V after daa day of Bid opening or the thirtieth day after the Hlfeodive Date of the -Agreement; whiehffver--isearlier. Starting lire Work: 2A. CONTRACTOR shall start to Perform the Work on the date when the Contract Times commence to riot, but no Work shell be done at the site Prior to the date on which the Cottntct Times commence to tun Befim,e Starring Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study raid ottvnpare the Contract Documents and check and verify pertinent figures shown thererm and all applicable field measuremeras CONTRACTOR shall promptly report in writing to ENGINEER att} coxttlict, erne, ambiguity or discrcpa 7 which CONTRACTOR. may discover and shall obtain a written interpretation or clarification from ENCrf vFF.,R hefore with any Work affected therehy; lxnvover, CC�NfRACfOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, erns, ambiguity or discreppaarnnccyy in the Contract Documetns, unless CONTRACTOR knew or reasonably should have known thereof. 2.6- within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGiN'EER for review: 2.6.1 a preliminary progress schedule indicating the times (numbers of days or dates) for starting and wsnple;mg the various stages of the Work, including any Milestones specified in the Contract Documents: 2 6:2, a preliminary schedule of Slop Drawing ant Sample submittals which will list each required submitmtard the times for submittitll, reviewing and processing such suixnitnti; in na.., ca c AIL. A._a� lI he acceptable which,aIlows lc tlmn 11„calendar days for tardl review by �iingiuxcr. 2.4.3. A prelan miry schedule of values for all of the Work which will include quantities and Prices of items aggregating tie Contract Price midwill shbdivide the Work into omnponent parts in sufficient detail to serve as the basis for progress payments during construe ion. Such prices will include an appropriate amount oroverhead :md profit applicable to each item of Wm1c 23. Before any Work at the site is started, ('CINTRACTOR ands shalt sheet deliver to the other OWN`E' with copies to identified in- the -Supplementary -(,dandi0ors FNGINCER certificates of insurance (mid (Miler evidence of inSnr.ance. reasonably rrrqqu� ested � W'ERj which C:OhrIRAf TOR -end (i�N--,17� :il re pacbivelyeca is required to purchase and maintain ar accordance with paragraphs 5-4, 5 6and -5.7. Precunstruetion (4niference: ?x Within twenty days after the Contract Times start to ruts but before any Mork at the site i; caned a conference attended by CONTRACTOR, ENGINEER and others as appropriate will he held to establish a working understanding among Ore parties as to the Work and to discuss the schedules referred to in pamompdh 26. procedures for handling Shop Drawings and other submittals pocmung 1ppliwtions for Payment and maintaining required records. InNOy Acceprabte Scherhr(es: 2.9, Undess otherwise provided in the Contract Dowmcrns i -ef-tiro-foot Appliauion-for-Payment before any work at the site begins, s conference attended by CONTRACTOR, ENGINEER and others as appt3prtatn y9t w aunt by UWNER_ will be held to review or acceptability to ENG 12vTsER as provided below the schedules submitted in accordance with paragraph2.6. and l�iYis�n .1..� �leltt�al 4lae�ttl4rats.. CON1'RACTOR shall have an additional ten days to make corrections and adjustments and to camptete and ras bract the schedules. No progress payment shall be made to CONTRACTOR until the schedules are sibttitud to and acceptable to ENGINEER. as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract . Times, but such acceptance will neither impose on ENGINEER reaperosibilityy for the sseaqquencing scheduling or progress of the Wick nor imexfere with or relieve CONTRACTOR from CONTRACI'OR's full responsibility therefor. CONTRACiOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing met processing the required submittals C:ON'f RACTOR's st iiedule of values will he acceptable to LNGINEER as to form and substance ARTICLE 3•-00N"MiCT DOC U-NIl a TS: INTENT, AMENDING, REUSE Intent., 3.1 The, Contract Documents camp w, the entire agreement between OWNER and CONTRAC.fOR concerning tie Work. The Contract Documents are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3 It is the intent of the Cxnunet Documents to KJCDC OFNERA4 CONT)MOCts 1910-4 i19W E4tiaU w1 U TY OF FORT CkAJ INS MODIFICATIONS (RfiV 4f�(04) describe a fmichotally complete project (or part thereat) to be constructed to accordance with the Contract Dovumlents. Any Work, materials or equipment than may reasonably he inferred from the Contract Tkwuments or from prevailing custan or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for, When words or phrases which have a well-known techmeal or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phra3ui shalt he interpreted in accordance with that memtirtg. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Rej'erence to %aeulardv and Specifrcabons of Technical Socidies; Reporting and Rewhdng Werepandev 3.3.1 Reference to standards, specifications, manuals or codes of any technical society, organiration or association, or to the Laws or Regulations of any governmental authority, whether such rcfermc he specific or by implication, shall main the latest stanclarcl, specification, manual, code or laws or Regulations in effect at the time of opening of Bids (err, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated it the Contact Docutnemts 3.3.2. It during the performance of the Work. CONTRACTOR discovers' any conflict, error, ambiguity or disc egianey within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulntion applicable to the perfonuance of the Work or of any such standard, specification, manual or code or of any itutruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall repot it to ENGINEER in writirl at once, . and, CONTRACTOR shall not proud with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) unfit an amendment or atipptement to the Contract Documents has been issued one of the methods indicated in paragrapth3.S or 3.6. provided, however, that CONTRACTOR shall not he liable to OWNER or ENOTINEIM for failure to report any such coOliM error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof 3.3.1 Except as otherwise specifically stated in the Contract Documeras or as may lx. provi" by amerdinem a supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, amhiguity or discrepancy between the provisions of the Coraract Documents and, 3.3.3,1, the provisions of any such strmdarot, spccificatiom, matmal, code or instruction (whether or not specifically incorporated by reference in file Contract Docuntentst or 3.3.3,2, the provisions of ran such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, speci6catim, mammal, chide or instruction shall be effective to change the duties and responsibilities of OWiNIM, CONTRACTOR or IhNGDNEER, or anv of their subcontractors. swnsakart* agents or employees from those set forth in the Contract Documents, nor "I It be effective to Assign to OWNER, ENGINEER. or any of vT"N. GINFERs Consiulb tits, spam s or employyec s any duty or authority to supervise or direct the tumisli'ang or performance of the Work or any duty or authority to undertake responsibility htwmsistent with the prow isitns of paragraph 9.13 or any other provision of the Cataract Lmatments. 3.4, Whenever in the Comma Documents that terms "ns ordered", "as directed", "as required", "as allawcd", "as approved" or terms of like eftact or import are used, or the adjectives "reasonable". "suitable". "acceptable", "proper" or "satisfactory" or ac4cctives of Ike effect or import are used to describe a requirement. direction. review cc ju=a t of ENGINEER as to the Work, it is intended that 1equiremem, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance withthe requirements of and information inthe Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown cc indicated in the Contract Documents (unless There is a specific statement indicating otherwise). The use of any such term or Adjective shall not be of6wive to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any dJtp (a authority to undertake respo sibibty contrary to die provisions of paragraph 9.13 or any other provision of the. Cummot Documents. Amendfag and Supplementing Contract Documents 3.3. The Contract D ocumonts may be amended to provide for additions, deletions and revisions in the Work. or to modify, the terms and conditions thereof in one or more of the 1'ollowemg ways: 3.5.1. a formal Written Amendment, 3.5.2, a (lunge Order (pursuant to paragraph 10.4), or tJC1A; QF-1"AL CONN110M 19195 09" E04m) tM CATv br TORT "AAIM MODUICATIOPna (REV 120M) 3.5 . a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, to requirements or the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. .A Field Order (pursuant to paragraph 9.5). 3.6.2 ENCiPiUR's approval of ShopTarawmg or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. I-1GINEER's written interpretation or cNnficat= (pursuant to iv mgaph 9A) Reuse ofDocumentar 3.7, CONTRACTOR, and any Subcontractor or SuMlier or other person or organization perfcrmin* or furnishing any of the Work under a direct or imJuect contract with OWNW (i) ill not have or acquire any tide to or ownership runs in any of the DAawings. Specifications or other documents (or copies of any dterwf) ppxrecpared by or bearing the scat of ENGINEER or fNGIlN'EER's Cdsrarltam, and (ii) shell not reuse any of such Drawing-, Specifications. other documents or copies on extensions of the Project or any other project without written consent of ORNER. and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILAI3 MY OF LANDS; S(AISITRFACE AND PHYSICAL CONDITIONS; REFF:ftENCF POINTS Awrddablddry of Lands. 4.1. OWNER shall, furnish. as indicated in the Contract Documents, the lands upon which the Work is to be performed, riglo-ofway and easements W access thereto, and such other lands which are designated for the use of C.ONTRACTOIZ I3pas reasetnable writtetrr®gttest, s�tantenba€re�rA-legal-tote-endaegafAeseriptien ef-the lards --upon, which ....t}ss... Work ...is....tsv-..be...lierfennetl.... and �'a-interest-therein-aa�-forgivi�-ttetiee of-of-41ing. a., meehaftWa- arcidanes.._.with....-applicable- Laws- .._tatd_..-Regulatieas OWNER shall identify, any encumbrances ur restrictions not of general application but;yncifcalpy related to use of lands so furnWiel withwhuch CONTRACTOR will have to comply in perfuming the Work Basements for permanent suuctttres or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRAC'OR and OWNER are unable to We m entitlement to or the amount or extent of any adjustments in the Convect Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rightsof wTty or casenemts. CONTRACTOR may make a claim therefor as provided in Articles l l and 12. SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed CONTRAC rOR shall provide for all additional lands and accesw therein that may he required for temporary construction facilities or storage of materials and equipment. 41 Subswirfaceand Physical Conditranx, 4.2,1. Reports and Drauings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or ccmtiggrdroux to the site that have been utilized by t NGINEER in preparing the Contract Dmuments. orxt 4.2.1 2. Physical Condition: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (.except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract [Documents. 4.22. Lindlud Re&ance by CCYMIC7Y%R Audumtzed; Technical Data: CONTRACTOR may rely upon the general accuracy of the %ec3hnical date" contained in such rep" and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Condiias. Exceggt ce for such reticenon such "technical data", CONTRACTOR may riot rely upon or make any claim against OWNER, ENGINEER or any of ENVYINf;fMs Consultants with reaped to: 4.2.2.1, the completeness of such reports and. drawings for CONTRACTORs purposes, including, but not limited to, any aspects of die means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data; interpretations, opinions and intarmatian contained in such repots or shown or indicated in such draw hugs, or 42.23, any CONTRACTOR intepreaatorn of or conclusion drawn lion any "technical data" or any such data, interpretation, opinions or information. 4.2 3 ti'otice of Differing Subsurface or Physical Conditions: 11' COtiTRAC'."TOR believes drat any subsurface or ph}^,+ical condition at or aantigucoa to the site co that is unvered or revealed either: 4.2.3.1, is of such a nature as to establish that any "techrucal data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2. l and 4._2 is materially inaccurate, or 4.23.2. is of such a nature as to require a change in the Contract Documents, or 4.23.3, dithers materially from that shown or 6XVCQt—*XA4CO?VIT10M 1910•F 0 Mid W0 w.' 0 hY 01: FCmth' C(1iJJNS MCX)IFI(',ATIOM'i dtFV 40000) indicated uh the Contract Documents, or 4.2.3,4. is of an unusual nature, and differs materially from conditions ordinarily enaxmtered and generally recognized as inherent in work of the clameter provided for in the Contract Documents; then CONTRACTOR shall, twomptly rinlnedlatcJy, after bm-atwg aware thereof mid before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergerxy as rmitied Iry pamgmM6.23), notify b VNv R and GIMER in writing about such ccndltrrxL CONTRACTOR shall not fitr her disturb such conditions or perform an), LVork in connection therewith (except as aforesaid) until receipt of written order to do su. 4:2.4. ENGIAWER's Review: ENGINEER will promptly review the pertinent conditions, determine the neemity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a oM, to CONTRACTOR) of EOMBR's findings and o mclusams. 4.2.5, Passible Cnr atract Drxwumen47 Charge: if I]NCTMEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Wotk C113sung Directive a a Change Order will be issued as prodtded in Article 10 to reflect and document the consequences of such charge. 4 2.6. Passible Price and Dines .44ustments. An equitable adjusuncra in the Contract Price or in the Conumdti Times, or lath, will be allowed to the extant that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACrois cot of. dr time required for performance of the Work; subject, however, to the followirng: 4.2.6.1such condition must meet any am or more of the cot tea doacribed in pmuugrapis 4.2.3.1 throe i 4.2.3A, inclusive-, 4.2.62_ a change in the Contract Documents pursuant to paragraph 42.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment, 4263, with respect to Woic that is paid for on a Emit price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs- 9. to and 119, and 4.2.6.4, CONTRACTOR shall not be entitled to any -adjustment in the Cmtmct Price orTimes if. 42,64.1. CONTRACTOR knew of the existence of such conditions at the time t"c.>NTTIi.ACTOR madc a final commitment to OWNER in respect of Contract Price end Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 42.6.4.1 the existence of such condition could reasonably have been discovered or revealed as a result or any e1(aminaticA investigation, exploration. test or stud} of €ha site and contiguous areas required by the Bidding Requircnner>is or Contract Documents to be conducted by or for CONTRACTOR pri(x to CONTRACTOR's making such €unal commitment, or 4.2,6,4.3. CONTRACTOR lailad to give the written notice within the time and as required by paragraph 4.23. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER azxl ENGINEM resultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR. an, or in connection with any other project or anticipated project. 43. Physical Condidons-UndergroaadFacilitietv: 4.3.1. Shetim orindcated: The information and data shown or indicated in the Contract Documents with respect to e3d3tinng ihxk gar ound Facilities at or contiguous to the site is based at information and data furnished W OWNER or ENGINEER by the owners of such Undergr nand Facilities or by others. Unless it is otherwise expressly provided in the Supplementay Conditions: 43.1.1. OWNER and ENGINEER stall not be responsible for the accuracy or compkteness of any such information or data; and 4 3.1.2_ The coat of all of the following will be included in the Contract Ain and CONTRACTOR shall have full respmrsibihty for (i) reviewing and checking all such information and data, (ii) locating all Und rground Facilities shown or indicated in the Contact Doc raracrts,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as pnorvided in pmmgmaph6.20 and repairing any damage thereto resulting from dnc Work. 4.3.2, Not S?hoan or Indicated• If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, ly mmediately alter be(onir# aware thereof and (me further disturbing ecauGuons affected thereby or (r,rfoiming any Work in connection therewith (except in tan emcrgenc as required by paragraph 6.2A), idestti• the owner of such Underground Facility and OCDCUVI UAL COt"TION319198(199e Eatim) wJ CSTY M; FORT CO DAMN Rt('a)tingA MM (REV af:aa(1) give written notice to that owner and to OWNER and FNC .INFER FiN(.`riN TJZ will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Doct rr ents to reflect and document the consequences of the ev Bence of the underground Facility. It' ENGINMR c oncludcs that a charge in the Contract Documents, is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be regxi eable for the safety and protection of such Underground Facility as trovided in parapph620. WN`fRACTOR may be allowed an increase in the Contract Rice or an extension of the Contract Tames, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and amld not reasonably have been to be aware of or to have anticipated If OW=nil CONTRACTOR are unable to agree on entitlement to or the amount or IerSth of any such usiment in Contract Rice or Contract Times, C O RACTOR may make a clean a therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and FNGiNFFR's Consultar0s shall not be liable to CONTRACTOR for any chums, costa, losses or damages incurred or sustained CONTRACTOR on or in connection with any Acr project or anticipated project Reference Points• 4A. OWNER shall provide engineering surveys to ostaabhsh reference points for construction which in FNCINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work, shall ppn�xect and premerve the established reference points and ssll make no changes of relocations without the prior written approval of OWNER. CONTRACTOR shall repot to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel LS. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible fix any Asbessos, PCi3s, petroleum, Hayxrth)m Waste or Radioactive tvlaterial uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Doc:umenls to he within the scope cif the Wok anit which may present a substantial danger to persons or pxopen exposed theret(t in connection with the Work m the sae. OWNER shall not be responsible for any such materials brought to the site by [ MIZACTOR, Subcontractors, Suppliers or anyone else fix whum CONTRACTOR is responsible 4a;z---E;taN'F.12AkrFF�Ji,F1�11-ant»ediately -�i41 itriury-area--offesFed-�taeby- m-an-mta�tta erk4- �re--fa�Aarteafier inch- notice inwritOWNER -shad promptly eonruh with FFVP r R the rtec¢avity-tom f>W�3PR-to-r$tarn a-rytwtlified-easpert-t�vveluctte-susJx any C�ld�l=firlCTC-i1? -she&rwt-baed-ft�rrosemin-1tJawk. an-ec _-:in-tmy a mbtairted an i»'ed--pas-rtdated--tht#edkt-and-dekve'ed-its E t A £ePc-apeeial written nets fi)sx tcifj+r that -inch condition and -any ..nffected area -is or- has, been r----#oat----dta�-•+�esum>P&nrr--eF--Yi.'tult-, -er (in }sit rytfany ..specialaonditin>s-urider- which such Werk—at lice amd CONTRACTOR- uaretat-free-as to-ontiflaumt-to-or ah either -perry may make aelsim, therefor -as-provided-in tactieiewl•t-and-}-3. conditions, ...then -OWNER-may -order-sareti- as-af oonditionor-in wehat%etedarea...to bedalewd fem ngtua aw nraitidemem krw-duramwnt fir-nid+ait inf an as a result of —A-wft- tract-Times art , diatt rither�y- sp�wided-in prvtican-ef-- all: --Work perf ' otwt fareaser-etharsirNusgarcgnee-with-t1Ni<ele,�- +5 4 3' ReWlHtieass- t i indetnnifw-�nrtrl--fitelcl hnrarless—_--C'O T AMM--..._.S�rbcentracters otfrcersi----dirw4w*----emcees-- ---- agents,--odier cotwhaFM and subcontractors of each and.. -any --of theta €roar amd-againsehelaint�.s; losers -and otvrrneghgenee 45:a:- -Tlie provisions•wfparagrephs4�2 -arn 44-w H*Wdotts Waste OF Radiro--ive NInet--uHetidrd-ao-apfzly-ter•Ashr.mesa;-lnE P,�-Neu'eilatmn; titer al-erieeat�ared or revenled atthe sne. F.JCbGt7Eh°!~ltAL GOhTN,i7t:+ice tyre-$ {iA9e tioALiut1 w+C771' OF Fl7RT fYlt.t.l tsi hiODil"it"ATtbNS Q2t Vi�'2mae) ARTICLE S--t ONDS AND iMURANCF Performance, Payment and Other i3onds: 5.L CONTRACTOR shall ftunish Performance and Payment Bondi, each at an aniottnt at least equal to die Contract Rice as security for the faithful performance and payment of all CONTRAC,'1'OR's obL ions wider die Contact Documents. remain These ll sicta shemain in affect at least until care year after the date when final payment Incomes due, except ns provided otherwise byy haws or Regulations or by the Contract Ihx�ctnter". CONTRACTOR shall also funush such other Broxis as arc required by the Supplementary Conditions, All Bondi stall be in the farm prescribed by die Contract Documents cre t as provided otherwise by Laws or Regulations and shag be executed by such sureties as are named in the current list of "Companies tlolding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable R ' Companies" as , published in Cirailar570 (amen by the Audi Stab Bureau of Government financial Oporationi, U.S. Trans airy Department All Bonds signed by an agent must be accanpanied by a certified copy of such ageres authority to act- 5.2. tf the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do busing is terminated in any state when any part of the Project is located or it ceasesto meet the requvementsof paragnnph 5-1, CONTRACTO.R shall within tcn days thereafter substitute another Mond and surety, both of which must be acceptable u) OWNER &3. Liccased ,.Sureties and Insurers; C'ei,40cales of Insunance.• 5.3.1. All Benda and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained front swrety or iamvance companies that are duly licensed or authorized in the jurisdiction in which the Projoct is located to issue Bonds cc insurance policies fix the limits and covam&es so re�nred. Sttch surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Condition& 5.3.2. Co.NTRACDOR shall deliver to (JW?IlsR, with copies to eudiadditional insured ideraified in the Supplementary Cor"fions, certificates of insurance (an -Aber evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paritgraph 5-4. OWIxIMs ehall deliver--ki-CAO'p9R:�--vtirh--�i�•-ete...c,uola ad�tiarml--crastrrod-identitied..n.dne..-gip �ientar}` L-">tmditic+ i oertitieaIffi of—inaaranae-rid—ether aidmace-ttl-inauranua--r bv-�A«rd'TOR at--any-odt�-additiEamrl-mstnred� -��-is retlttin'ed eta-purahast*a rid tnmiiakrnn-in-a�wcx darwe-ivitla pa£agmphs-5.K and 5 t-hereef. CONTR4CTOR's Mabitfty Insurance. 5A. CONTRACT shall purchase and maintain such liability and other insurance as is appropriate for the Work tieing performed and furnished and as will provide protection front claims set forth below which may arise out of or result from CONTRACTOWs performance arxi furnishing of the Work and COIs'TRACTOR.'s other obligations under the Contract Doc:mments, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirealy employed by any of then to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1, claims under waked comppowtion disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of MWI RACTOR's employees; 5A3. claims for damages because of bodily injury, sickness or disease, or death of any person other than C ONTRAC'TOR'semployees; 5:.. as---irxauad-try--canary Pej atdivaatly-r4014 6eF A: splay,mane. of atieln-per"V lW Ober rEas(ht 5.4.5. claims for damages, other titan to the Wmic kw]C because of injury to or dem etion of tangible property wherever located, including loss of use resulting therefrom; and 5A.6. claims for damages because of bodily injury or death of any persona or property damage arising out of the ownership, maintenance or use of any motor veluicle, The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: SAT with respect to insurance required by paragraphs 5.43 through 5A.6 inclusive and_5.49, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNIER, ENGINEER, liNGINEER's Consultants and any other ppersans cx entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage fir the respective officers and employees of all such additicral rnsureds; 5.4.8include the specific cover es. and be written for not less than the limits of liability provided in the Supplementary Conditions o required by Laws or Regulations, whichever is greater; 5,49 include completed operations insurance: EJCDC M-WAAL CONDITIONS 19 t 08 (t 9" Edam) cot CITY OF FORT Oex.iJM MOOn9CATIOM (REV 41200nn 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obliga�tions under paragraphs 6,12, 6 16 and 6,31 through 6.33; 5A.11, contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR said to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph5.32 will w provide); SA.I2. rennaw ui affect at least until firal payment and at all times thereafter when CCSNf RAC.TOR may be correct removing or replacing defective Work- in accordance with pamgaph 19.12; and 5.4,13, with respect to completed operations insurance, and any insurance cower con ten on a claims -made basis, remain in ct%d or at least two years after final povmcnt (and CONTRACTOR stall furnish OWNER and each other additional wowed identified in the Supplementary Conditions to wham a certificate of insurance has been issued evidence satisfacto to OWNER and any such additional inswof c ed muinuation of such insurance at final payment and one year thereafter). Ofill>WR's Uabig(p Insarmot., 5.5, In addition to insurance required to be provided by CONTRACTOR. racer paragraph 5.4, OWMX at OWNER's option, may purchase and maintain at OWNER's expetsse OWNER's cam liability insurance as will protect OWNER against claims which may arise from operations under the Contm t Documents Proptrty Insurance. Af--t1M- ttrll--replaGea)ettt- c�sC dedu®tible---amounts -as---may -Ira-- provided --w---.the �FP�eN�`-C9aens-or -required -�y--haws-and l�egmlatiorxs?-�hisuxptumtm;o sFat11: `�1---�nulude�tFn--�—efO1�r�F� entirdas-eli1'ted-in-tiva� 3uppl><�+-C".attditit eadilt tnf-tvhoitr is deenmed-ta •aft insurabfa-fntere� FmdlshallJra-listedi-act-ent�rumsdt>Fadk}itidmssif�iemtueal; 54-2:--be--written-*in-a--lStu{det s-Rja -" H-ask"•-or c'gie'parit'ar-f"s ", Muses less pa-liey-f--I- that gteA- nF Wit., ittalude. isaurarnce-fca- yatsal-leas-or e Wig tem{ierarw had 11?nrle an ' irrlfara;it-and-shall the --Following pank Tore,-Iightw%; extended floilopse; dehFi- fmaysd� damolAom mousioned by enforrefifimat of Lawe- aW Rvgtilotiom wat<r he Ii. Sk3� -tm4u&- ot, at -tD-+n, by pllvided timt.such materials; and equipment -have -been inchmW4w an by 6.NGINEBR, awl 5.6;5:-be cAkw9R Q44A ACUX —and Q- 4ia7_ml3 isstted Well OIJW Oddilibnol oef"O"le W, it-m-m—u-not IM been _OWNER' -shall puffihme-md-mai"Wift-Alch boiler arA-m�.­ii_-'rimed w—a- ar fifi-may- -- SfibooFfimeforej R$Q*AsTK Trews - am orormnes wm""_ ef*4wm I TI-ell WA-44-"Weambnet - pffilf'— or and,mmement dwalm Vm owl'$ Of oanmeiri- mvvffphl�_ 5,9, OWNER ,Am[] not be responsible for ptudwsing and maintain, any property insurance to prated the ulterestis of CaTRACTOR, Subcontractors or others in " W(wh-to the itkient of any identirled-nal- e- idiftorws,, _-The­nslt-of low-wi 8 ... A 1 __IN4l4*4*)Mq dod 0AIWAI am) MP such. low .and. -if -any -of- inaanxnea Covemg:- Within purchaw-and thereof Chanee 4.Wer or Wraw Amendment- Prior to %*i14ig ady 6e Q44%NGTOA whelhofoF�fitr "wenult- hm been praourvd, by OWNEK mw S.q VAM PfOW64 Q;w`U, damopm cfat"d by tho peril, oovered thereby; All -of-payment of -fifty l(w or jumge flie pay" under 'my pohey So isafted, HI -I In Qd&;ft I fhysieaJ­--4o% --ofi- _40 4F arum of 1t: I's If,, 0:1,; w1wher or NER, find Il log, I age -or Consequential W% the -insurers -wilt have no right-, of itast-ruty-oiw-S:4�4fif1i:�; �lft,-:;uleonttactut'r #i,� clueuKtir x empktye�ttnd agents ofairy ofthwn: Receipt and.4ppl canton of Insurance AwetedS: 5,12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5,7 will be adjusted with OWNER and made payable to OWTTR as fiduciary Ern the nsured, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13, OWNER shall deposit in a separate account any money so received and shall distrihine it in accordance with such agrcetueni as the parties in interest may reach If no other special agreement is reached the damaged Work dial l he repaired or replaced, the moneys so recreived applied on accoun thereof and the Work and tie cost thereof amend by an appropriate Change Order or Written Amendment. 5.11 OWNER as fiduciary shall have power to adjust. and settle any loss with the insurers unless one of the parties in interest shall object m writhitnngg within fifteen days ,tss after the occurrence of lato OWN Rs exercise of this power. if such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in imerast may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers n mlffeaE-GJWNER-..its_ ry-shall- give -bond --Re--tha sties Acceptance afBacds mad Ltsurtrerce; Clprion to Replace: 5.14. If flR} OWNER has any ohj"on to the covcrage afforded by or other provisions of the Eion&-ow insurance required to be purchased and maintained by the a} CONTRACTOR m accordance with Article 5 at the sus of nothconformarnce with the Contract Documents, the ! CONY �s �Crtyj3 in writhing within ten, fiftm days our reeeipt delmm i,-, very of the certificates (or--ether-evidence, rearested) to OWNER as reunited by » arasrnah 2.7, provided -as -the. -other may .-reasonably .-request_-_:It- either party-�o+es-:toF-ptuehase owmaiata�-epl-of-thee ittsumrtr-c.---rcryuiced•- oaf-,suslr-ptrt#u--lay---etc*- Cotatrnct Domumente; ..suoh.-piny--shall--mxifv-- the --cotter--tarty--in writing ��elt-failura-to-punta�-prier-to-tte-start k>f tlae LkME, of cifsueh fEa rre3ecav-�itlwrutdt�aa-lunysod or -remedy; the-c aei'--party-any -woabtai••n-.er#tuY t#t Bends -her insouunearte prateec-sue}aother-ptartysmterxstaet tht exf1 a or-dwprarty-who -was-required-to provide -slash ooyecagu 14* tissued-to aoljusa-the Cootnv* Prioe twaordirigty. Partial ErHliuttinn--f3opmrinxurance: 5.15. If 01VVNIR finds- it ncccs-sary to occupy or use a portion or "tons of the Work prior to Substantial .k7CDCGET iAL(:0Mt110Mt91a-S00)Edtioi) wl (M OF FORT COLL@LS MODIFI VATIONS (R'IN 421)(011) Gomplefiml of all the Work, such use or occupancy may be acctmtpfished in accordancc with paragraph 14.10; pprovided chat no such use or occupancy shall cornmerce befare the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shell consent by endor-emerit on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on accokuru of arty such partial use or occupancy. ARTICLE 6--CONTRAC,rows RESPONSIM I1IE5 Supenusion mad 85rperinreadence: 6-1. CONTRACTOR -loll supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methocK techniques, sequences and procedures of condntction, IRr CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedte of construction which is shown or indicated in and mgxessly required by the Contract Doeatments. CONTRACTOR shall be responsible to see that the completed Work eomplies accuratety with the Contract Mcuments. 6Z CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINBfiR except under extraordimtty cfrctuttswttces The superitnentknl will be CONTRAC'TOR'a representative at the site and shalt have authority to act on behalf of CONTRACTOR All Curumantcattoms to the SsU�p intetxtettt Mall be as binding as if given to CONTRACT OR, Lab rr, Materials and Equoment. 6:3. CONTRACTOR shall provide competent, suitably qualified personnel to stavey. lay out and cohnhvct the Work as required by the contract Documents. CONTRACTOR shall at all times maintain good dN''ilinc and order at the site. Except as otherwise requiad for the safety or protection cif person% or the Work or property at the site or adjacent thereto, aril except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday ex any legal holiday without OWNE6's written curisent given after prior written notice to rNGTNMHR. ('ONTRACTOR shall submit re epp is to the G?%CJT TER no less than_43 hairs in advance of an), Work._to he ei Mr-onnon Sadurdav,-.S Aoldaay uc-our 3hc Regular Working Flours 6.4, Urdess otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipmen€. labor, tmmpurtmion, construction equipment and machinery, tools, apphncwti fuct, power, light, ham, telephone, water, sannary facilities, tanpnmry facilities and all other facilities and incids ads necessary for the fumishingg, performance, tasting stattYup and completion of the Work, ..>ILRegtplplit (rr,�1TRAcro rtnlgt comply,warh.ihe Crtys pnarthasmg zcWtiebonc A coov of thexesolu' are available for Injo—ViLAI—c offices of the purchasing and Risk Mnmuemeig Divisim or the City Clerk's oiiicc. 6.42, Cement Reatricta� Hof Fort Collins lutio191-121 rags that sumplrcts and moducers ai consent.ar..prnduytc._wnte5nn?g..cgmcrn to,cerpfv that �ytg it was not made in cement kdcts that bum hawdous LvaAeAsOWL 6.5. All materials and equipment shall he of good quality anal now, except as otherwise provided in the tract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly rum to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory cvkk= (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equt sta ent ll be applied, installed, connected, crested, nosed claimed and catdiumed in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents Progreaa &*9& la• 6.6. CONTRACTOR shall adhere to the progress ahxxAlle established in accordance with paragraph 2.9 as it may be actuated from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paraaggrt ph2.9) proposed Austmenps in the progress sched<I* that will not change the Contract Times (or Milest«ws). Such a4ustmenuswill conform generally to the progress schedule then in effect and additio ally will comply with any provisions of fix Gone Requirements applicable thereto 6.6.2. Pr adjustments in the progress schedule that will c�e the Contact Times (or Milestones) "It be submitted to accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Cliange Order or Written Amendment in accordance with Article 12, 6.7. Vuhs;Wtulmand 'Y7rlqual" hems: 6.7.1. Whatever an item of material or equipment is specified (r desrrd)cd in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intender to establish the type, function and quality required Unless the specification or description E1C"DC OENFRA4 CON0111QtlA 1910-8119K Eoatitill 12 w:CIINOF FORT M161M MOMCATIOM(RF,v4COKI ocimaim or is followed by words reading that no like, equivalent or "or -equal" item or no substimtitm is permitted, other items of material or equipment or material or equipment of other Suppliers may, he accepted by ENGINEER under the following circumstances 6.7.1.1. ` r-Equal" If in GNGINUiR's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named surd sufficiently similar s;o that no change in related Work will be required, it may he considered by IINGTNFI3R as an "or -equal" item, in which case review and approval of 010 proposed item may, in FNCUNUiR's sole discretion, be accomplished without compliance with some or all of the regwi ulcuts for acceptance of proposed substitute items. 6.7.1.2. Substihtm Items: if in ENGTNERks sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.71.1, it will be cortaidered a proposed substitute itan. CONTRACTOR "It submit sufficient information as provided below to allow ENGINEER to determine that the item of material a ecprtpmcitt proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the Genaml Requirements and as F;NGMHR may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substinite item of material or equipment CONTRACTOR shall first make written application to ENGINEER for acceptance Owed, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specifad and be suited to the same use as that specified The Application will state the dent, if any, to which the evaluation and acceptance of the ed substitute will prejud"uoe CONTRACTORS achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a chase in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the project) to adapt the design to the prapased substitute and whether or not mcarrkration w use of the substitute in connection with the Work is subject to payment of any license fee or royalty. Atl variations of the proposed substitute from that specified will be idan€ificd in the application and available maintcmrnce, tgUir and rrplAcanctlt service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of oilier ctmmctors affected by the resulting clmnge, all of which will be considered by ENGINEER in evaluating the pro substitute. ENGINEER may reywire C(7 TRACTOR to furnish additional data atxwt the proposed substitute. 67.1.A.CDMIR4L"lt?R'sExpexse: All data to be provided by CONTRACTOR in support of any proposed "orequaI" or substitute item will be at. CONTUCTORN expanse. 6,7,1 Siksutuie Convtwchon ,tlegwds or Procedures: If a .spe ifie means, method, teehnigtce, segttauce ar procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utiGae a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient inftr atation to allow ENGINEER, in ENGTNEER's sole discretion, to determine that the substitute proposed is equivalent to that espressly called for by the Contract Documents. The procedure for review by ENGINEER will Ix similar to that provided m subparagraph 6 7-1.2. 6,73. Engineer's Fnmhartirxt: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made punumt to paragraphs 6.7-1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No or-equo1` or substitute will be ordered, installed or utilized without ENG1NEER's prior written acceptance which will be evidenced by either a Clem Chder or an approved Shan Thawing. OWNER may require CONTRACTOR to furnish at CONIRACTOR's expneree a special performance guarantee or odxx surety with respect to.aty "or -equal` or substitute ENGINEER will record time required by ENGINEER and HNGINEWs Consultants in evaluating sibstiattes propasod or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 ad 6.7.2 and in making changes in die Contract Documents (or in the provisions of any other direct cmtmct with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so ed or submitted lay CONTRACTOR, COME - OOR shall reimburse OWNER fox the charges of ENGINEER and ENGINE] is Consultants for evaluating each such proposed substitute item, 6.8. Cvnnce)ning Subcontractors, Suppliers and i-em: 6.8.1. CONTRACTOR shall not employ any, Subcontractor, Supplier or other person or organization (including thdnse acceptable to OWNER air.] ENGINEER as indicated in paragraph 6.5:2), whether initially or as a substitute, against whom OWNER or ENGTNUER may have reasonable objection, CONTRACTOR shall not be required to employ any Subconhacmr, St peal er rr other person or ogamzatiot to furnish or perform any of the Work against whom CONTRA(`rOR has reasonable objection. EJCDC di1;Pt AA1. CONDITIONS1919h (I s" E01011) W CITY M FORT (X.AA, r^s MODIFICATIONi(REV412007) CON'1KA(JQR ,shA_perfonlLpA toss aralx 20 taent_of.thc without subcontracting), The 20 Dercent reouirement shall be understood. to, refer to the Work., the value of which low ngt less ihaa 2u rear, of the Cmgact Price. 6.8?. tf--cite .8u y-Co"iJiarn t3iik I)pcuttienis require the identity of certain Suboortmicxs. Sti tiers or otter persons or organizztGons {inrlu ` choose wldz'are to iurnisht the principal items of materials or equipment) to be submitted to OWNER in--sdvenoe-of-4he- ified data prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if GtI& 461 t 7 in uwxdonce......wink..-the ....supplementary......Gotditions,: OWNER's or ENGINEER's acceptance (etcher in writing or by failing to make written objection thereto by the date Most xi far acceptance or objection in the biddutg documents ur the Contract Document) of UNUINrdiK. No aaepts= by OWNEK or E,hTGWi R of any such Subcontractor, Supplier or other person or organization slinll constitute a waiver of any right of OWNER or ENGINEER to reject defeahm Weak. 6.9.1. CONTRACTOR shall be fully re le to OWNER and ENGINEER for all acts a omissions of the Subcontractors. Suppliers and other persons and organizations performing or firntishing any of the Work under a direct or indOct contract with CONTRACTOR just as CONTRACTOR is responsible for coNTRACTOR's own acts and omissions. Nothing in the Contract Documents shot] create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGM.RR and any such Subortradtcr, Supplier or other person or organization, nor shall it create arty obligation on the part of OWNER or ENGINEER to pay or to we it) the payment of any moneys due any such Sulxontraclur, Supplier or other personor organization except as may otherwise be required by Laws and Regulations. (7W',NJjag 'N�a pg;yv furmsh pn. arty 9U.bCMUWtor, qup?�J rr a oxhzr..px rs �n or grganizauot evidence of amow3ls_:P.31 L-12 CON`i RAt TOR .... ...._In _..accordance _ with CONTRACTOR'S'A_uotor Paymcnl". tit 0,9,2_ CON TRIGTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations perfuming or f irnisbing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to conimumcate with the ENGINTI3R through CONTRACTOR. 6.10, The divisions and sections of the Specifications and the identifications of an), Drawings skill nor control C'Olr'TRACTOR in dividing the Work among SOcam actors 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 ap}xapriate agreement between CONTRACTOR and the Su ractor cr Supplier which specifically binds the Subcontractor or Stq*uir to the applicable terms and conditions of the Contract Documents for the benefit of Parent Fees andRoytaXes: 6.12 CON'FRM:!TOR shall pray all license fees and royalties and assume all costs rtteident to the use in the performance of the Wok or dit incorporation it the Wank 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 m device is specified in the Contract Doctmnenu for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or ooltyrights calling for fir payment of any base fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To fit fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of firm from and against all claims, costs, losses and damages arising out of or resuhing from ary infringement of patent rights or c in to die use in the performance of the Wo m resulting from the incorporation in the Work of any invention. design, piers, product or device not specified in the Contract Doczuncnts 14 EJGpG gi3r'ERAL GO1vR7tTtUN519t�J-8 tt99c EdGat) n^Ct TY OF FC)I (A?1,1114% MMH`tCA110M(R6V4,2(Ma) Permits; 6.13, Unless otherwise provided in die Supplemcntary Conditions, CCJN`1'RACT( R shall obtain and pay for apt construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licamses. CONTRACTOR shalt pay all govenuuental charges and inspection teas necessary for the prosecution of the Work, which are applicable at the time of operfing of Hid%, or, if there are no bids, on the Effieatwe Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners fur capital costs related thereto such as plant investment fees f1 Latt'sartdRrtgalaHr+nx: 6.14.L CONTRACTOR shall give all notices and cu Ip with fill Laws and Regulations applicable to Curnshing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER rxr ENGINEER shall be responsible fix monitoring CONTRACTOWs compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or he ' reason to know that it is contrary to Laws or Rcatiors, CONTRACTOR. shall bear all claims, costs, losses and damages caused by, arising out of or resuiltirg therefrom; however, it shall not be CONTRACTOR's primary mVp nsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxer: 6.15, CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by WNfRACTOR in accordance wihh the Laws and Regulations of the place of the lnr*ct which are applicable during the performance ofthe Work 6.15.L OWNER is exempt 6om Colorado Suite and Ioca-W pe tipc,_.,,,pl rated ipto tl�eyro�euY . Said taxes not be " laded ut tide Corn [tract price. address: Col der ftintrifCrit of Revemuc State "Igl Annex 137;i SIMMan Ireei [km�r Col saylit„Rtl^66I, Sales and Use Taxes for the State of Colorgdu, F2g��_trgt at rlaGon I�istnctARTDZ and certa)n Co om counter are collected by the State of Colorado and_ are includ4 um the Cexttfcatton_©f Iisetm inn. All �iiwjicublc,S41 tail tse 1',ggxxeg irwludng_Ute ccilleaed taxes),._on xrmyitetns oitt than _construction an buil i materials h' sic: by 'trcorforated into the n'ed are to he. aui CONTRACTOR aril are tin tncluded�mn,,,gpprapriete bid items Ltse ofIwooses: 6.16. CONTTRACTOR shall confine construction equipment, On storage of materials and equipment and die <impprnerrttiom of workers to the site and land and areas ode atified in and permitted by the Contract Documents and other land aril arms permitted by laws and Regulations, rights -of --way, permits and casements and shall not unreasonably encumber the premises with eAmlSiRmeUttn equipment or other materials or equipment. CONTRACTOR. shall assume full responsibility for any damage to any swh land or area, or to the owner or occupen t thereof or of any adjacent land or areas; resulting from the performance of the Work. Should any claim be made by any such owner or occu because of the performance of the Work, CONTRACTOR shell promptly settle with such other party by negotiation or othmwiam resolve the claim by mbitratio or other dialwte reaelution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by taws and Regulation% indemnify and hold harmless DINNER. ENGINEER. ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all claims, cysts, losses and damages arising out of or resulting from an claim or actiat; legel or equitable, brought by am such owner or occupant against OWNER ENGINEER or arty ether parry indenmm&ed hereunder to the extent caused by or basest upon CONTRACTOWspertommsnceo€the Work, 6.17. During the progress of the Work, CONTRACTOR shall keep the premises lice from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials; rubbish and debris from and about the premises as well as all tools, appliane", construction equipment and machinery and surplus materials. CONIRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of tie Work. CONTRACTOR stall resture to original conchhon all property not designated for alteration by the Contract Documents, 6.18. CONTRACTOR shall no load nor permit any part of any structure to be loaded in any manver that will endanger tote strucnae, nor stall CC NTRA(I*OR subject any part of the Work or adjacent property tin stresses or prrmures that wilt endanger it Record Documents: ElCUCr3ENERAL CONrt'11ON319104 (1990 Eo6tiat) wi taTY t5F FORT rx AJN9 MOrrFt CATI ON9 titer 4.2a(x)) 6.19. CONTRACTOR R shall maintain in a safe place at the site one record copy of all Drawings, Speciftcariarts, Addenda, Written Amendments, Change Orders, Wok Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all apprmod Samples and a counterpart of all up tua�ed Shop .Drawings will be available to ENOi1tiE}�It €or reference. Uponcompletion of the Work.. and prior to release of f rial payment, these record dmumcrU Samples and Shop Drawings will be delivered to FNGINF,'rR for oW NFIR. Safety and Proreerion 620. CONTRACTOR shall be responsiWe for mutating, maintaining and supervising all safety precautions and programs in cmtection with the Work. CONTRACTOR shall take all necessary premutions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1 all persons on the Work site or who may be affected by the Work; b202, all the Work and materials and equipment to be incorporated therein, whether in storage on or of the site; and 6,20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks pavements, roadwan structures, trawes and Underprotind Facilities not designated for removal, relocation or replacement in the course of omswction CONTRACTOR shall comply with all applicable taws and Regulations of any public body having jurisdiction for safety of persons or property or to pretest them from damage, injury or loss; and shall erect and maintain all necesmry sit ards for such safety and protection. CONTRACfO shall notify owners of adjacent property and of lbndeaprautd Facilities and uldity owners when prosecution o the Work may affect them, and shall cooperate with them in the ptntection, removal, relocation and replacement of their property. All dam injury or loss to any property referred to inpamgra s6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly tsnployed try• arty of diem to perform or furnish any of the Work or anyone for whose acts an}} of them may be liable, shall be remedied by CONNTRACT OR (except damage or loss attributable to de fault of Drawings or Specificatio re, or to the acts or omissions of OWNER (v FNGfNHHR or ENGINEER's Consultant or anyone employed by any of them oranyone for whose acts .my of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONT RACTOR's duties and re ,crosihi lilies for the. safety, mid protoctiot of the Wark sha1 continue until such time as all the Work is completed and ENGINFFR has imuccl a 15 SECTION 00510 NOTICE OF AWARD Date: April 21, 2006 TO: BT Construction, Inc. PROJECT: Bobcat Ridge Trail Parking OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 20, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Bobcat Ridge Trail Parking: Parking Lot over lot and fine grading, drainage pipes and road base materials, grading of hard surface trial for Handicap walks, grade pad, excavation and compacted backfill for picnic shelter and kiosk. The Price of your Agreement is Two Hundred Eighty Four Thousand Thirty Three Dollars and Twenty Five Cents ($284,033..25) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 8, 2006. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. 9/12/01 City of Fort Collins OWNER 1 By 6 J es B. O'Neill, II, CPPO, FNIGP rector of Purchasing & Risk Management Section 00510 Page 1 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except As otherwise expressly provided in connection with Substantiat Conpleuon)- 6.21. Safety Representative. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Eiamrd C'ontmunication Programs. 6.22. CONTRACTOR §hall be responsible for coordinating any encharge of material safety data sheets ur other hazard communication information required to be made available to or exchi u$ed between or among employers at the site in accordance with Laws or Rcgulatims. Dnergencim 6.23. In emergo ties affectin g the safety err protection of perscros or the Work or pnrlaarty at the site or adiacein thereto, CONTRACTOR, without special instruction or Authorization from OWNER or ENGINEER, is obligated to Adto prevent threatened damaggee, injury or loss. CONTRACTOR shall ggawve ENGINEER. prompt written notice if CONTRACT R believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Chang; Order will be i%wed to document the consequences of such action 6.24 %pp Drawings and &Wler 624.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 Q). All submittals will be identified as ENGINEER may require And in the number of copies specified in tie General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINIBER the materials and equipment CONTRACT prophases to vide and to enable ENGINEER to review the information for the limited purposes required by paragraph 626. 624.2, (X)N'1'RACTOk shall also submit. Samples to ENGINEER for review and Approval in accordance with said accepted schedule of Shop Diawirgs and Sample submittals Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to arable VN(;fN+,FR. to review the submittal for the limited F.1CDCt3Etv'GRAI, cJOi�RkITtUtvS t seas ti 99e 5aitiat) 16 W!0rY01:f0trch01JJMMantmtcnnanm(ttiv412ar ) purpose4 required by parairaph6.26. The numbers of each Sample to he submitted will be, as specified in the Specifications. 6.2R Submittat Procedures: 6,25.1. Before submitting each Stop Drawing or Sample, CONT'RAt'FOR slrril have dctennined and verified: 6251,1, all field measurements. quantities, d mensioms specified performarc:e criteria, installation requirements,. materials, catalog numbers and similar infortation with respect thereto, 6.25.1.2, all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and instaltauon pertamang to the performance of the Work, And 6.25.11 all information relative to CONTRACTOR's sole rasp xtsilrilities in rem of means, methods, technicpues, sequences and procedures of construction and :safety precauticrts and programs incident thereto. CONTRACTOR shalt also have reviewed and onordirtated each Shop Drawing or Sample with ocher Shop Drawings and Samples and with the requirements of the Work And the Contract Documents 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with mV=t to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submissiott, CONTRACTOR shall Ove ENGINEER specific written notice of such variations, if any, that the Shop .Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in A written communication separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing And Sample submitted to ENGINEER for review and approval of each such variation. 626 ENGINEER will review and approve Shop Drawn s mad Samples in accontmice with the ssdaedutc of Shop trawings and Sample submittals accepted by ENGINEER as required by paragraph 2.4. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, afier installation or incorporation in the Work, conform to the infhrnraticvt given in the Contract Documents anti be compatible with are design concept of the completed Project as a functioning whole as indicated try the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, serquences or procedures of construction (except where a particular means, method, technique, sequence or procedure of consttuction is specifically and tVressly called for by The Contract Documents) or to safety pareoxtutions Or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functior>s COidT'RACTOR shalt make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review aril approval. CONTRACTOR shall direct specific attention in writing to revisions other than the correctiom called for Iry ENGINEER to ptevioue submittals. 627 ENGINEMs review and approval of Sanq+ Drawings at Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CON fR4CTOR has in writing, called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop [hawing or Sample ap�ar al; nor will any approval by ENGINEER. relieve CONTRACTOR from rapwrsibility for complying with the requirements of paragraph &.25.1. 6.28. Where a Shop Drawing or Sample is rectudred by the Contract Documents or the schedktla of Shop yawing and Sample submissions accepted by ENGINEER as required by rpatagraph 2.9, any related Work performed pnor to ENO NE R's review and approval of the ppeerrttinent submnttnl will be at the sole expense and resporstNty of CONTRACTOR. Caur4nuinethe Weir,• 6.29. CONTRACTOR shall carry on the Work and adhere to the progress sebedul;During all dispute or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any dsptrts or disagreements, except as permitted by paragraph 15.5 or as O1WWLR and CONTRACTOR may otherwise agree in writing. 6J& CDiNTRACrOR's General Warrmrge and Guarantee. 6.30A CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINLER's Consultants that all Work %kill be in accordance with the Contract Documents and will trot be &Jacttve. CONTRIC -Vs warranty and guarantee hereunder excludes defects or damage caused by: 6.30, t 1. abuse, modification or improper mainterance Or operation by persons other %tan CONTRACTOR, Subcontractors or Suppliers, or 6.31.1.1.2_ normal wear and tear undLr normal usage. 6.30.2. COON'TRACTOR's obligation to perform rend complete the Work in accordance with the t7rntract Documcros shall be absolutc. None of the tbilawing will constitute an acceptance of Work that is not in �JCI)(.' G&^tE11AL (?©Mt71710NB 191a$ 0 999 Etttara) ur: (TTY OF roeT ox?t.t.rM M(A)trteAnoras gt&Anrzrxai accordance with the cootal t Document$ or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents: 630.2.1. observations by EZ.IGINEER; 630.2.1 recommendation of any progress or frial payment by FNGJNF2 R; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR inks the Contract Documehnx; 6.30 2A. use or occupancy of the Work or any pan thereof by OWN IN 6,3025, any acceptance by OWNER or any titilure to do so; 6302.6 any review and approval of a Slop Drawing or Sample submittal or the issuance of a notice of aemptability by ENGINEER pursuant to paragraph 14.13; 6:30.2.7, any inspection, test Or approval by others; or 6.30.2.8, any correction of defective Work by OW1NIEF, Initsinn frcadan: 6,31. To the fullest anent fitted by Laws and Regulation, CONTRACTOR It indemnify and hold harmless OWNER, ENO INEM, ENGINEER's Consultants and the offices, directors, employees, agents and other consultants of each and any of them fhon and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all cant Or arbitration or other dispute resolution coals) caused by, arising out of or resulting from the performance of the Work, out that any such claim, cost; kris or damage: attributable to bodily injury, sickness, disease cc r>Cath. or to injury to or destruction of atrigible pro (oiler than the Work, itselt), including the loss of use resulting therefrom, and (a) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Suppler, any person or ogawAr lion directly or indirectly empdoyod by any of them to perform or furnish any of the Work or anyone for whose acts any of them may lh liable, regardless of whether or not caused in pan any negligence dot omission of a person or entity indemnified hereunthr Or whether liability is imposed upon such indemruned party by Laws and Regulations regardless of the neg] igence of any such Msrn or entity- 6.32. In any and all claims against OWNER or ENGUNMER or any of their respective consultants, agents, officers, directors or employees by any, employee (or the survivor or ppecrsonal representative of such cmployac) of COINURAC" M. any Subcontractor, any Supplier, any person or organintion directly or indirectly employed by 17 ,my of them to perform or furnish any of the Work or Anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or ark such Subcontractor, Supplier or Other ppeerson or organization under workers` compensation acts, disahility bear#fit acts or other emplgw benefit acts, 6.33. The indemnification obltgatictns of CONTRACTOR under prmgrapih631 obeli not extend to the liability of ENGINEER And ENGINEEIZ's Consultants, officers, directors, employees or algents caused by the professional negligence. erras or omissions of any of them. Sunival of Obligations: 634, All representations_ indemnifications, warranties and guarantees made in, required by ivent in accordmux with the Contract Documents, as we as all exwM' uaag obligations indicated in tine Contract Docuamems, wi13 survive final payment, compleiton and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--07'iIM WORK Notated Work at Site: 7.1, OWNYR may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be perfcxmed was not noted in the Contract Documents, dten: (i) written notice thereof will be given to CONTRACTOR (prior to starting arty such other work and it) CONTRACTOR may make it claim therefor as provided in Articles I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requites additional time and the roes wn are gblc to agree as to the amount or octant thereof 73 C'ONI'RA(."l'OR shall afford each other contractor who is a party to such A diced cctatact and each utility owner (and OWNER, if OWNER is performing the additional wok with OWNER® s empkoyees) proper and safe access to the site and a reasonable opportunity for the introducrion and storage of materials and equipment and the execution of such other work and shall properly contort and coordinate the Work with theirs Unkcs otherwise provided in due C nuact Documents, CONTRACTOR. shall do all cutting, timing and patching of the Work that may be required to make its several parts cone together properly Hm integrate with such other work. CONTRACTOR shall not endanger any work of others by evtt4, excavating a otherwise altering dmir work and will (wily cut or alter their work with the written consent of ENGINEER and the utters whose wvrk will be affected, The ditties and retonsihilitica of CONTRACTOR under this paragraphs are far die benefit of such utility owners and other contractors to the extent that there are comparable is E1COCMNERALCON1111OM191t1a<t1R3eE(ttiath w,'('t nY OF� FORT COtJJ NS MCll)IYn(`,AIIOM-i (REV 42A(dr} provisions for the beruefit o1 CONTRACTOR in said direct contract% between OWNER and such utility owners and other contractom 73. If the proper execution or results of any part of CONTRACTOR's Work depends upon work ppccrrlixmtcd by others under this Arti • 7, CONTRACTOR shall inspect such otter wolf and promptly report to ENGIivRiER in writing any delays, defects or deficiencies in such Wier work tint render it unavailable or unsuitable for the paper execution and results of CONTRAtCTOR's Work CONTRACTOR's failure so to report will constitute An Acceptance of such other work as fit and proper for integration with CONTRACTOR's Work accept for latent or nonapparent defects and deficiencies in such other work. CbarrSnadon: 7A. if OWNIiR contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplim antaty Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be idmtifirA 7.4.2. the specific matter to be covered by such authority and responsibility will be itemized; rend 7.4.3. the extana of such Authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and rftTa tbitity in respect of such coordknation ART IC LF, tl- OWN FMS RMPONMBI ffIFA 8.1. Lrseltt as otherwise provided m these Getural CorAtions, WNER shall issue all communications to CONTRAC70Rthratgh&N(3l!N rR. t1.2. In case of termination of due employment of ENGL*1EER, OWNER call appoint an angineer against whaat-404i3TRACT OR- mAkta-nor-reasnrufde o6j whose status user the Contract Documents shall be that of the former ENGINEER. 83. OWNER shalt furnish the data required of OWNER under the Corttaut Documents promptly and shall make payments to CONTRACTOR promptly when they Are due as provided in paragraphs 14A and 14,13, 8.4 OWNTER's duties in respect of providing lands and ca:xnnano aril providing ongmcering surveys to establish reference points are, set forth in paragraphs 4.1 and 4.4, Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of cxplomtions and tests or subsurface conditions at the site and drnwings of physical conditions in existing structures at or comiguous to file site that have Ixen utilized I y ENGINEER in preparing the, Cordmd. Documents R-+-- ties•itt-t>et�nrx-�fituxehasirtg forth -in -paragraphs 5 A through 5, M, R.G. OWNER is obligated to execute Change Orders as indicated in paragraph I Q.J. V. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in pumgrap li 13.4 R.R. In connection with OWNER's right to stop Work or suspend Work, see pa phs F 3.I (1 and 15.1. Paragraph 15.2 duals with 0 'NER's right to terminate services of C ONTRACT'OR tinder certainwrcumstatim. 8.9. The OWNER shalt not supervise, direct or have control or amboriity over, nor be responsible for, MNTRACTOR's means, mehods, techniques, sequences or procedures of construction or the saky precautions and Mms incident theaeto, or for any failure of RACfOR to comply with Laws wW Regulations W�(icable to the furnishing tr ppreerfomnan e of the 'Work, O-VtttgIIR will not be ble for CONTRAC'TOM failure to perform or Cum Work in accordance with the Contract Documents. R:-14:....--L7wNI EW11-! +ansitiility-.i ompect_of undisclosed AsbsMs% Pas; Radiaaetive-I.Sat�ialg ttnacwered-or-revealed..aF-� site..i9 satfe ' ph-t:.- ARTICLE 9—ENGINKER'S STATUS DURING CONMUCTiON OA NER'sRgwirwrtrutve: 9.1. ENGD EER will be OWNPR's representative during the mistruntion period. The duties and responsibilities and the limitations of authority of ENt N-M as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER 1'W& to Site: 9.2. ENGINEER will make visits to the site at intervals appra�uiate to the various stages of construction m ENGINEER deems necessary in order to observe as an experienced and qualified design profitvsponal the progress that has been made and the quality of the various a is of (Y)NTRACTOR's executed Work. I3=(n information obtained during such visits and observations. ON'GINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Conmret Documents. 1:NGINEp.R will not be required to make exhaustive or corfiuuous on - site inspections to check the quality or quantity of the %York. ENGINu'EERk efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work. will conform generally to the Contract Documents. On the basis of such visits and on - site observations, li'IN.IMIN'E13R will keep OW14ER informed of the progress of flit 1X o I anct will endeavor to guard OWNER against &jecthw Work. 1?NCiINEER's visits and on -site observations are subject to all the Imitation on 6.NGINEER's authority and responsibility - set forth in paragraph 9.13, and }�iwlarl, but without litnitahor ng or as a result ol'ENGIIv ER's out -site visits or observation of CONTRACTOR'.s Work ENGINEER will not supervise, direct, control or have authority over or be responsible for COVI RACTOWs means, methods, techniques, sequences or pr000dures of constructiim, or the safety promotions and pro eras incident thereto, or for any failure of CONTRA('.TOR to comply with Laws and Regulations applicable to the furnishinng or performance of the Work. Pr yeet Represtentalive: 9.3. If OWNER and ENGINEER agree, ENGOMR will furnish a Resident Project Representative to assist ENGINEER in provl&8 more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistams will be as proviiedin pa agtaphs 9.3 and 9,13 and Conditions of these General Condition. If OWNER design" another representative or agent to represent OW�at the size vft is not ENGII�EER's Consultant, agent a employee, the responsibilities and authority and limitation thereon of such other Person will be as y 3 1,-_.Thg Rgxc �ItaUve p..._ izalinS$ in- ._m4ttsu petfairringto dui rm-utLt work w ill,.n-genrnil laa with tl3o....MMEER anti COATTRA!'OR. Ru-1, m Represarrtahve will keep the OWNER _prpperly advised about such,matters._,2hc R,eaues tativg'g dealin with subcontractors t4ill only be throughor with_ wled c unci ._appravpl .p_. the QONTR U 911 2. Duties and Resoaiui ipitjes _-Rues rg- v_e will' 9.321_S ethiles - Review the nrosross i7CM V 6M& COM71 ONS 1910-8 (19" Ed ion) 19 wt CITY OF FORT COLLINS MOINFICATIOM (RF-.V 4,20M) sc}xdale aitd_jAltrr_, hOules .Ur0 Tj boy Ole I�NTRACW'1'()R_ _xnil, cwxsuh___,�tth,_„ihc ivTGPvTU concertrA�gacc nabiIiiv. 9.3.2.2. (;onlrereru es a td i�ixtinc - �4t3tog mee4ng_with_fw CotirRA(j[Q such as pr9gg struction confer was;, pr9jaess meetings tukF udtcr jab c<ntterettces ai pure arui ctrc,"ctiaig cpyncs of minutes of meeti,> ,ns. 9.3.2.3. F..udson 93.231, Serve, a--, FsN(TINN'fiRR'S liamm with CgTItt14 T9Svcxkin6 _FsciariFv thr_ ouu• t CONLI A(,,TaR�S, er ntandem to assist the C()NI—ACIT—O R__in erStanding t ie Curranct Dwuments. 9.3.2.12. 2. Assist in obtaining from Ot�lh7a'Et wtitjrnaI__._dciarls..._or..._7 wr apit.._....wh# rcuuired. for proper cxwution of the Work 9.3 2 33. Advise the FiN INEH trid C()NTRACTOR of the owm ncacemem of _y...N ark........W.inns...a._....$hap.._Chaw_.'utg_..a samnle Wn if the lxat�od_ ythe ENGiY1iER Alprk Frss cctiuns tamed Tess 9.3.2.4, I. C:'onduot nn.site olxervatiaugy Work oC r in_detemrua�___ tha Work is, x�oceeding,.,in P.�cd' 11K%9..1i1t}1.�1F?._<`9.f1�P94.490},.8.t]S�: 4 _AczomP.anv.,_visitin_„g__i ct_ors irscsuing�aubtic or other aeettcics haviti lunscim,agcr the_Prolecl,.recarel lid results pf ..these, tpv7xstroilg arad .rgport to or ENIGMF l~12. .............. 9325 Intorlxetation or Contract fbatments. Rt to Fi tINELR „ mhcat darificatitms eporand interrxetations of the Contract Documents are ,_. needed ... atxi tipnstnit__ io (.ONE (Ac:tQR..c1!lriliGAtU atyjF_:� of the Contract Documents as issmod by the ........... ........ ............... .........._....... 9_ _3 j& NkL locations _ Umsider . and evnlx ate(*()\TRACTOR'S sucstions ,Fix 2fl hlCitx.:<rE,�iRAL CG?aD171Qta519i0S iti9c�Hdtiat'! wi Ci71` bN Ft7a1' CX,1LtA tYs MClDa9CAir(7NS tRfiV APat10) mc�dRcatiott�n Ut�twuor_S�ailcau�ts Rod report ihca ,fps mg kttQrvs to EJNUIJ CW, , to 4C bR cisim s tRntecl.hk` the 1 FvCiFiFSt, 9.3?.7. Records, U2A ROWL 9�2..$L_ Ztunish E2�7SIi��.�.R Ltak ,and okfV__GCJNT CTCJR'S sul}ecl�ile._of Av....I?StI,Lv! &_,an,..xtmpir 3ilffi all p vamcc__.. _ _ u its.. ma or_.... � ittsrxctlorts or statt of irouot'tant uses ot'the W9K 9.3,2.8.3, Erafi AVosed Chat e O alLsl _l�4' � m T9gtcavc , Lhattgay ,__pMnintta� Uacicup rpataial trom....a CL3N1]2A( I(7R and wcommeml to F.Nt3INEFR,.._,_C.,hag e Orders W"wk girxt ve Clxrt¢es and field orders 932.84 Report immediately to i 5[NRW and OV NETt the oecurrtnee_of F!.QY.44a!L•. 9.3.2 J. Rayment Requests Review aoulicatiwu f u.p .k q t with C'ON7 TiAC'TOR fgr_cpmixliancc with t c cs ishej� a .�a.edtac Ear their submission and forward with recommendation to 1�"tiC71�"Il;.fk 2 _l 1 " i Glilxj}: il�?�e16tLM,�lnja Of ttlCty7lient TCtaleB to ?uh4:f .01 yr?Iyes work n its t &fivered at the site _u n� irccvporatnd in _the Work. 5.3,2 10. QomP nn, 93.2.1O.I B org1;N11NEHI9 issresw,a (ve '. � t4atlla}t_C�uphitiort, submit to (`0 AC OR a list of cibacived Items i 1E1g CMreCtiin Or Cgnilkis . 9.-3?.I0.2, Conduct filial ms giu3i iri the oompanv of die FNCIINEER OWNER and d)NTRACTOR and rxetrare rinl Est of items. to be corrected or completed. fliiml his havL c4vf_c_e<�_e_d_,u-_... ._ vc and make recommendations to GTNM 9.3.3. Limitaticm of Authority: The Rgxesentative shall not;: Aulhortze am deviations from the C,ggt[H91, �SlmaAls cr eceent env substitute ENGIN%ER, 9.3.3:2, Exceed Iimitatiois of IWGINFfsR'S 9.33.3 Undertake an of the resomsilritities RA�IQR. Suboot tmctpra meer� mcih(rds. tecitnigttes. segu_ertcas or piocetltues for coasstntction tmless such s�tecificativ�alle�l fpt.�IS� C9rt4tasl.11ta., 9.3.3.5. Advise on or issue directions �ork u �� lei. i ids tr cctitriectirni,S with tlig J.3;3.6....__f+vL£v9?I.._ _..aw1£_?r._.sainple 5tt itCAls NG� anyQne Goner ilnart QYe, CRCTQR; 93.3,7,_,,...... Authorize OW\Tl2 to cvcupv.__the _. ...................................._....................... Work in whole or in Part. �33<�: __.Participate in__�cializect 6eid_._9t laboratory teals or irtsriections coriductedbv others exw�pt__ as,. :ific�lly_ �lhon�_ �Y__thc RRUINI�L Ciaryicatiars and lnt oprerations: 9A. ENGINEER will issue with reasonable pronpuicss such written clarifications or interpretations of the requirements of the C'onteact Documents, tin the fowl of Drawing or otherwise) as ENGINEER may determine rieeessary, which shall be consistent with die intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on UA`NI R and CONTRACTOR. If OWN M, or CONTRACTOR believes that a written eltrification or interpretation justifies an adjustment in the Contract Pries or the Contract Times and the parties are unable to agree to the amouiri or extent thetoof, if any, ON'NIiR nr CONTRACTOR may make a written claim therefor as wounded in Article I 1 or Article 12. Authorized rariaaunsin A`ork 9.5 I vC;IhTfskxR may authorize mirror variations in die Work from die rNAtuemnnts of the Contract Documents which do not involve an adjustment in the Contract Rice or the Contract Times and are compatible with the design concept of the. completed Project as a functioning whole as indicated by the Contract Documents. These maybe accomplished hS a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. if OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contra t Price or the Cxaitract. Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I i or 12, Rejecting Defective wank: 9.6. LNG1NEW4, will have authority to ve or EF..R reject Work which ENGINUohevts totberfreekve, or dirt FNGINEER believes will not produce a completed project that codorns to the Contract Documents or that will prejudice the integrity of the design concept of the completed project as a tuncfionirg whole as indicated by the Contract Documents. ENGINEER will also have audiority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is htbrioated, installed or completed. Shop Drawings, Change Ordm and Payments; 97 In connection with ENGINEER'S authority as to Slop Drawings and Samples, see paragraphs 6,24 through 6.28 inclusive. 4.8. In connection with ENG[NF.,ER's authority as to Change Order: see Articles 10, 11, and 12. 9.9. In connection with fiNGINEER's authority as to Applications far Payment, see Article 14. Determinations far Unit Prices: 9.10. ENGINEER will determine the actual cltmtitities and clamtiifications of unit Price Work performed by CONTRACTOR. ENGINEER will review with CON-IRAC:7OR the HNOIN ER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application t'. DCOff;ERAL d:OM71ON819193(1999 Eduou) 21 wr n n• OF roe t orh.t,lxv M<mlru',Anon"n QtFV a:,2nom liar Paymont or otherwise) EiNGINLLR's written decision thereon will be fmal and binding upon OWNER and CONTRACTOR, unless, within ten days after rite date of any such decision, either OWNER o CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal tom ENGINER-R's recision and: (i) an appeal from INUNT-ER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to ;article 16, or (A) if no such Di.Tute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in it forum of competent jurisdiction to exercise such rights or retedies as the appealing party may have with respect to hNGINELR's decision, unless otherwise agreed in writing by OUNIfiR and CJONh'RAC OR, Such appeal will not be subject to the procedures of paragraph 9.11. Deeiston$ on Dhvut 'i " 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 relsum to the acceptability of the Work or the interpretation of the requirements of the Contract Documents petaini% to the performance and furnishing of the Wok and claims under Articles I i and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to FNIOMEER in writing with a request foie formal cision in accordance with thus pparegmph. Written notice of each such claim, dispute or ocher matter will he delivered by the claimant tv ENGINEER and the other ppaarty to the Agreement promptly (but in no event Inter thorn thirty days) after the start of the occurrence or event giving rise thereto, and written sudppearting data will be submitted to ENGINEER and doe vhh r 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 apt party shill submit any response to ENGIN ER. seal the c aimant within thirty days after receipt of the claimant's Iasi submittal (unless ENGINEER allows additional time). ENGLNEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in acttxdance with this paragraph. ENGINEIR's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR. unless. (i) an appeal from ENGL'v ER's decision is taken within the time limits and in accordance with the ppr.roceduits set forth in EXHW[T GC -A. "Dispute i2eauhAicn Atirecmem", entered into between OWNT.R and CONTRACTOR purswun to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGMEER's written derision is delivered by OWNER or C'ONTRAOTOR to the other arid to 240INE-ER within thirty days alter the date of such decision and a formal proceeding is instituted by the a llling party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing; party may have with raslxci to such claim, dispute err other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 BJ )C OE r'hRAi, G0NIJL'rtO S t 4i"09W Utum ) cat 0IY OF FORT C OLU M MODIFICATICIMS (Fifiv 4,20aa) decision, tutless otherwise agreed in writhe by OWNER and CONTRACTOR. 9.13 When functioning as interpreter and judge under caraumr>hs9.10 and 9.11. ENGINEER will not itow rpaattttality to OWf,R orCONTRACTOR and will not be {rabic in connection with any interpretatiar or decision rendered in good faith ui sudi capacity. The renderu-V of a decision by UNG NEM pursuant to paragraphs 9.10 a 9.11 with, respect to arty such claim, dispute or other mailer (except any which have been waivedby the making ar acceptance of final payment as provided in paragraph 14.15) will he a condition precedent to nny exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dfisputc is other matterpursuenttoArticle -16 9.13. Limitations on PrFC;INEM's Axthorit_r and Revondhigfles: 9.13.1, Neither ENG1hvEMs authegity or responsibility under this Article 9 or under atry other provision of the Contract Documents nor any derision made by L'NGINM in good faith either to exercise or not exercise such autf=ty or responsibility or the undertake exercise o. oni nance of am authority o responsibility by ENGINEER s}tdf create impose o ggw. rsa to any dhrty owed by ENGINEER to CON'1'RXTOR, any Subcontractor, any supplier, any other peraw or organization, or to any surety for or employee or agent of any of them. 9.13.2. UNGINLER will not sugxxvLw, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of eantruetion, or the safety precautions and programs incident thereto, or for any failure of O(M'RACTOR to comply with Laws and Re ggou titiots applicable to the fitrrnf.shirtg or performance of the Wok ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work at accordance with the Contract Documents. 9.13.3 ENGINEER aill not be re-Tortsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any, other person or ogam.imtioi performing or furnishing any of the, Wok. 9.13.4, M,INLER's review of the final Application for payment and accompanying documentation and all maintenance and operating instructions, sdledules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 1412 will only he to determine generally that their content complies with the remIturenents ol; and in the ease of certificates of inspections, tests and al4rovals that the results certified indicate compliance with, the Contract Documems 9,13.5_ The limitations upon authority and responsibility set tbrdn in this paragraph 9.13 shall also apply to ENCIINPY.W3 Consultants Resident project Representative and assistants, ARTICLE 10-01ANGFS 1N THE W(NIK 10.). Without imalidattaa�� the Agreement and without notice to any surety, OW1n`"fiR may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will he authorized by a Written Amendment. a Charge Order, ar a Work Change Directive- Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved whiclt will be performed under die applicable conditions of the ('attract Documents (except as otherwise specifically provided). 10.2. If .OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract T imcs that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12, 10.3, C.ONMUCTOR shall trot be entitted to an increase in the Contract Price or an extension of the Contact Times with respect to any Walk performed that is not reqquired by the Contract Documents as amended, mock ad and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6Z or in the ease of uncovering Work as provided in pamgraph 13.9. )0.4. OWNER and CONTRACTOR shall oxectre appropriate C7ange Orders recommended by ENGINEER (or Written Amendments) covering 10A.1, changes in the Work which are (i) ordered by OWNER pursuant to paragraph 1 Q 1, (ii) required because of acceptance of rejective work under paragraph 13.13 or correcting dyfecfive Work under paragraph 1114, or (iii) agreed to by the ponies 10.42. changes in the Contract Price or Contract Times which are agreed to by the ptrfienzi and lt).43, changes in the Contract Price or Conttac;t Times which embody the substance of any written decision rendered by ENGINI EiER pursuant to pamp?aph 9.11, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decisi<m in accordance with. the provisions of the C. ontrix i. Lkx:uments and applicable Laws and Regulations, but during any such er1. CONTRACTOR shall carryon the Watt mad e to the progress sebedule as provided in paragraph 6.29 10.5. If notice of any change atTcoting the general scope of the Work or the provisions of the Contract Documents EXPC M14MAL CONDfltaNs 1919.E (19" Edom) col CITY OF FORT C OUINS more a7CA FIONS taF"y A,2CHNi) (including, but not limited to, C(itmct Nice or Contract Times) is required by the Provisions of any Rand to be Oven to a suretyty, the giving of any such notice will be C,ONTRjWTolt's resptsasnbnhty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT PRICE 11.1. The Contract Nice constitutes the total compensation (subject u) authorized adjustments) payable to CONTRACTOR for performing the Work. AU duties responsibilities and obliriumi as cal to or undertaken by CONTRACTOR droll be et CO RArTtaR's expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Omer or by a Written Amendment. Any clams for an adjustmeit in the Contract Price shall be based on written notice delivered by the party making the claim to the other party, and to iiNGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shalt be delivered within sixty days after the start of such oecun'v," or event (unless ENGINEER allows additioal time for claimant to submit additional or more accurate data in support of the claim) and shall he accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occutrowe or event All claims for adjustment in the Contract price shall be determined by ENGINEER in accordance with paragmph9.11 if OWNER and CONTRACTOR crmrrot otherwise agree on the amount involved. No claim f'or an adjustment in the Contract Price will be valid if not sulanited'uh accordance with this paragraph 11,2. 11.3. 'the value of any Wok. covered by a (7uulge Cider or cif any claim for an adjustment in the Contract price will be determined as follows: 11,3.1. where the Work involved is covered by unit (ices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 3 paragraphs I 1-9.1 through 119.3, itwlusive): 11.3.2. where the Work involved is not covered by unit prima contained in the Contract Documents, by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with lagtsph 116-2), 11.3.3. where the Work involved is not covered by utut priers contained in the Contract Documents and agreement to a lump sum is not reached under paragraph I I.3.2„ cst the hasis of the Cast ofthe Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR'S tee kv overhead and profit idetermined as provided in paragraph 11.6)_ Cost of the Work, t 1 * The tern Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Exoapt as otherwise may be agrtxd its in writing by OWNER such costs shall be in mncnnts on higher than those preveibrig in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 1 1.5: 11 A L IPaYroll costs for employees in the direct employ of CONTRACTOR in the performance of die Work under schedules of job eiassr6catims agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other persornel employed full-time at the site. Payroll oDsts for employees nor employed fu11-ume on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inehr bat net be limited to, salaries and wages plus the cost of fringe benefits which shall include social wourity comributiats, unemployment, excise and payroll taxes, workers' c(xnpcmtioN health and-retirermerri bends -bonuses sick leave vac UM anA *lie w pay applicable thereto. The expanses of p rioriska or after regular working hours, on Saturday, Sunday or legal holidays, shall be.. included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and ntcorpomted in die Work, including costs of transportation and storage thereof, and Suppliers field services regired in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits fwxls with CONTRACTOR with which to make payments, in which case the cash discounts shalt accrue to OWNER. All trade discounts, rebates and refutes and.returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may he obtained 11A 11 payments made by CON"1'RACTOR to the Subcontractors for Work performed or furnished by SmbCOMM(Atx5. If required by OWNIM, 24 EICI)Co-.h'FRAI,COR©1110MSIyf04itS9pFitatl w/ 0 T Y OF FORT COUJ NS M(if.)If.lt.A'tSOI-eii (RF.V 42aao) CONTRACTOR shall obtain competitive bids loon Subect ntractors acceptable to OWN7:R and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the, advice of INGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee "II N determined in the same manner as CONTRACTOR'S Cost of the Work aril fee as provided in paragraphs A, ILS, 11_6 and H,T All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I IA.4_ Costs of spacial consultants (including but not limited to engineers, architects, testis laboratories, suiveyom, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.0,L The proportion of nocessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 1 L4.5.2. Cost, including transportation and mitao mme, of all materials, supplies, eWipmeic machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the, Work, and cast loss market value of such items used but not consumed which remain the property of CONTRACTOR. 11.0.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from t OMMACf OR or others in acoorclince with rental agreements approved by OWNER with the advice of ENGINEER. and the casts of transportatim loading, unloading, instalMtion, dismantling and removal thaw£ -all in accordance with terms of said rental agreements. The moral of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11,43.4. Sales, consumer, use or similar taxes related to the Work, and lor which CONTRACTOR is liable., imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly, employe] by any of them or for whose acts any of then may be liable, and royalty payments and fees for permits and licenses. 11A.5.6 Losses aril damages (and related expenses) caused by damage to flu Wotk, not compensated by insurance ct otherwise, sustained by CONTRACTOR in connection with the rpe1f"mce and furnishing of the Work (excapt Lames and damages within the deductible amount, of proppeerty insurance established by OWNER in 0000 a with paragraph 5.91 Provided they have resulted from causes Act than the nneeggfgerce of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by say of theca ca for whose acts any of them may be liable. Such louses shall include settlements made with the written consent laud approval of OWNER. No such losses, damage; and e.Veses shall be included in the Cdst of the Work for the purpose of determining CONTRA(-JOR's fee. If, however, any such ion or damage requires recomstrucrion and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that sated in paragraph 11 A2, 11A53, The cost of utifitics, fuel and sanitary facilities at the site. 11.4.5.8. ifinor expresses such as telegrams, long distance telepltate ctt]K telephone service at the site, a gremaggee and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional $orris anduuurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not inohrde any of the following: 11.5.1. Payroll costs and other ccmtportsation of CONfRACTOR's officers, executives, principals (or parnnrrship and sole proprietorships), general managers, engineer's architects estimators attorrleys, auditors, aoconttants, purchasing and contracting agents; expedlters, timekeepers, clerics and other pasamrel empl by COAPfRACTOR whether at the site or in CO CTOR's ]xinciptel or a btBrnch ofCce for getteml adrniniskatiatt N fhe Wotk aril not specifical iscluddd in the agreed apart schedule of job classifications refereed to in paragraph 11.4.1 or specifically coveted by Paragraph 11.4.4—all of which. are to be considered admmi5tratwe costs Covered by the C ONI'k-AC_`rOR's fee. 11,52 Expenses of CUNTRAGTOR's principal arxt branch offim other than CONTRACTOR's office at the site. 115,1 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against (.'ON'1'R.Ad.'TOR. for delinquent payments. 11.5.4. Cost of premitans for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except fa the cord of premiums cowered by subparagraph 1 i.4.5.9 above). 11.55, Csts due to the negligence of CONTRACTOR, arty Subcontractor, or anyone directly or indirectly employed by any of them or for whose ads arty of them may be liable, including but nut limited to, the currection of o$ifective Work disposal of materials or equipment wrongly supplied and madding good any damage to property. 1�.9_.6. Other overhead or general expense casts of arty kind and the cots of may item not specifically and expre,,Jy included inparagraph 11.4. 11.6, The CONfRAC'TOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11A1. a mutually acceptable 1Lwd tec; OF 11.6.2. if a fixed fee is not aveed ugxrt, then a fee based on the follow' percentages of he various Portions of the Cost 0E Work: 11.6.2.1, for casts inutrred under part=mpp{h�ss I I A.I and 11.4.2, the CONTI�AF—TOWS fee shall he fifteen percent; 11 A2.2. for casts incurred Waxier paragraph 11.4.3, the CON'TRACTOR's fee slwll be five percent, 11.6.2.3, when one or more tiers of submitracts are an the basis of Corsi of the Work plus a fell and normd fee is agreed upon, the inter of paraggaphs 1I A I, 11.4.2, 11 A.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tie:, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs IlA I and 11A.2 and that arty higher tier Subcontmotow and CONTRACTOR will each be paid a feaef-•frvM-pareaW of id to d llt gp4SL(aith with the OWNMU& not of Hv_,_e percent of the amcau>t_naid to the mn lower 11.6.2.4. no fee shalt be payable on the basis of casts itemized under paragraphs 11.4.4, 11.4.5 and 11,5; 11,62.5, the amount of credit to be allowed by, CONTRACTOR to OWNER Ibr any change which results in a net decrease in cost wr 11 be the amcxuu 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 any ale citarnge the adjustment in CONTRACT(A's fee shall be o omprted on the basis of the net change in accordance with paragraphs 11 6.2.1 through 11 6.2.5, inclusive 11 T Whenever the cost of any Work is to be EJCW7(;&- itALCONIATION51910-9t1990ENtim) 25 err CM OF soar Ctn.taaes nrea)IrICATIONS area arzaxr) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 21st day of April 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 BT Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Bobcat Ridge Trail Parking: Parking Lot over lot and fine grading, drainage pipes and road base materials, grading of hard surface trial for Handicap walks, grade pad, excavation, and compacted backfill for picnic shelter and kiosk, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by ENGINEER and who will assume all rights and authority assigned connection with completion of Documents. ARTICLE 3. CONTRACT TIMES Northstar Design, who is hereinafter called duties and responsibilities and will have the to ENGINEER in the Contract Documents in the Work in accordance with the Contract 3.1 The Work shall be Substantially Complete within nines (90)� 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 one (1)calendar day after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 determined pursuant to psmgraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in roan acceptable to ENCYfER an itemized cost breakdown together with supporting data. Cask Allvnvrnces: 1 L8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished aaxl performed for such sums as may be acceptable to M NfiR and EN(TINEER CONTRACTOR agrees tlwt; 11.8.1, the allowances include the cost to CONTRACTOR (lass any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for wnkaading and handling on the site, labor, installation costs, overhead. Profit RWJ other expenses 4xvizemplated far the allowances have been included in the Contract Noe and not in the allowances and no demand for additional payment on account of any of the foregoing will be valet. Prior to fired Payment, an ap late Charge Order will be issued as recommended by VCMER to reflect actual amahmts due CONTRACTOR on scootart of Work covered by allowances. and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work• 11.9.1. Where the Contract Documents provide that all or part of the Wort: is to be Unit Price Work, initially the Contract Bice will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified Neu of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are are guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities arid classifications of unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9,10, 11,9.2. Cuadi unit }price will be deaared to include an amount considered by CONTRACTOR to be ad qui to to cover CONTRACTOR's overhead and profit for each separately identified item 119.3 OWrly R or (7ON'CRAC'1'0R may make a claim for an adjustment in the Contract Price in ao oordanoo with Article 11 if. 11 9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in ire Agreement, 26 WC'.DCOENERALCANV1110NS 1910.809966c4tipQ w+ (17Y Of PORT 0011.1is.5 MCAt H'tCAII(-kM (RE:V A .(Ma) and 119.12, there is no corresponding adjustment with respect to any other item of Work; and 11,93.3, if CIOM'RACfOR believes that CONTRACTOR is entitled to an increase in Contract Price as a resuh of having incurred additional expense or OWNER believes that OWWER is ertAlcd to a decrease it Contract Price and the parties are unable to agree As to the amount of airy such increase or decrease. )1.2.3.9. GO.'TRACTORaw es ant the OW ER has the tight to add or delete itam$ in Wtd or change mainfties at Gl?t^,� KWS sole ion without uff�tgthe Contract Price of any remalnmg itsan .m bong ps the. deletion,. or aoldrti ar dual not exceed twenty-five oenxnt of rho oa tjmi _teal Gnntract Prigs: Aft'p1CLE 17-•CHANGE OF CONTRACT MMYS 12,11. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim fos an adtustment of the Comma Times (or tviilestanes) nail be &used on written notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event: rise to the claim and slating the general torture of t�im. Notice of the extent of the claim with supporting data shall be delivered within sixty dotys after such occurrence (unless ENGMShR allows addrtional time to ascertain more accurate data in support of the claim) and shall be :mnpanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Co tract Times (or Milestones) shad be detemtined li ENGINEER in accordance with paragraph 9.11 if OIANM and CONTRACTOR cannot otherwise agree. No claim far an adjustment in the Commet Times (or Mlle Aotes) will be valid if not submitted in accordance with the requirements of this paragraph 12.1, 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement, 12.3. Where CONTRACTOR is prevented from completing any pan or the Work within the Contract Times (or Nfiilestones) due to delay beyond the control of CONTRACTOR, tic Contract Times (orMilestones) will be "ended in an amount equalto time lost due to such delay if a claim is made therefor as provided in Imm��*rraapph 12.1, Nlays beyond the control of C;OMACTOR shall include, but not be limited to, acts or neglect by OWNER. acts or neglect of utility owners or other contractors Performing other work as contemplated by Article 7, foes, floods, epidemics, abnormal weather conditions or acts of God_ Delays attributable to and within the control of a Suiwontmetor or Supplier shaG be deemed to be delays within the control of COly r ACTOR. 124. Where CONTRACTOR is prevented from completing any part of the Work within the Comm t Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACT04 an cxtension of the Contract Times (or itiilestones) in tut amount equal to rite time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy, for such delay. En no event shall OWNER be liable to CONTRACTOt, any Subcontractor, any Supplier, any other person or orgmuation, or to any surety for or employee or agent of nay of then[, for damages arising out of or resulting from (i) delays cauud by or within the control of the C MT ACIOR, or (ii) delays beyond the control of bah parties irtcluding, but not lino€al €o, fires, floods, epidemics, abnormal weather conditions, ,acts of God or acts or neglect by utility ownem or other contractors performing other work as contemplated by Article 7, ARTICLE 13—TFSTS AND LNSP'EC7TONS; CO12RF.CTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Nadfee of Defects: Prompt mice of all defective Work of which OWNER or GNGINWR have actual knowledge will be given to CONTRACTOR. All defective World may be rejected, corrected or accepted as provided in this Article 13. Access to Woad: 13.2. O%i`NL?R. iG NLCsR FNGIlQiL'R's Cotrsultnnts other representatives and petsomrnl of (:)WNI3K. independem tening laboratories and govztrunemaI agdneizs with jurisdictional interests will have access to the Work at reasonable -tunes for their observation, inspecting and testing, CONI'RACTUR shall provide them prpper and safe ccxiixktions for such access and advise them of C(7NTRACTOR's site safety procedures and programs so that they rally comply therewith as applicable_ Tells and lnspenrions 13.3, CONTRACTOR shall give LNG[NLJ3R timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with in t)miion and testing personnel to facilitate required inspections or tests. 13 A_ OWNER shall employ and pay for the services of an independent testing labcratory to perform all inspections, tests, or approvals required by the Contract Documents except- 13.A 1 for inspections, tests or approvals covered by paragraph 13.3 below, HA.2. that costs incurred in connection with icsts or inspections conducted pursuant to paragraph 11,9 E 0CnF-*2tALGowrno.N'"u 19io4. o 990 Ltutim) cat (I Y OF FORT (T)LIA 9 %4MIFN :A-110 ' (REV 1,20M) below shall be paid as provided in said paragraph 13.9; and 13,4 i, as otherwise specifically= provided in the Contract Aocumcnts 133. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) speclfa:aily to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in corntoactdontherewith, and furnish RNGINFF:R the required certificates of inspection, or approval. CONTRACTOR shall also be responsible lit arranging and obtaining and shall pay all costs in connection with any inspections, texas o approvalsre(taned for OWNERS and EiNGLNEER's acceptance of materials or equipment to be ireotpaated in the Work, or of materials, mix designs, r cqqwu��± eon submitted for approval prior to C))`MCTOR's purchase thereof for incorporation in the Work. 13.6 If any Work (or the work of others) that is to be inspected, tested or approved is covered by (.XWRACTOR withcat written cone raox of 13NGLNEM it must, if requatet by ENGINEER, be uncovered for observatom 11T Uncovering Work asprovided in paragraph 13.6 shall be at CONrRAC. T'OR's oifietue unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR$ intention to cove the same and IiNGIiNEER has not acted with reasonable promptness in response to such notice, (Incavering Work: 13.8. If any Work is covered contrary to the written request of MiCYLNEER. it roust, if requested by INGINEER, be uncovered for hNGLNEEWs observation and replaced at CONTRACTORs expense. 13.9 ifENG124M considers it necessary or advisable that covered World be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENG1NEER's request, shall uncover, expose or otherwise make available for observation, inspection or tasting as DiGEN"EER may require, that portion of the Work in question, tlmnislting all necessary labor, material mid equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER sloth be entitled to an appropriate decrease in the Contract Price, and, if die parties are unable to agree as to Or* amount thereof, may make a claim therefor as provided in Article 11. If. however, such Work is not found to be `f<'htre, (X)NTR A(`I'OR shall be,, allowed an unoessc in the Contract Price or an extension of de Contract Times (or Milestones), or both, directly attributable to such 27 uncuveriniiI. exposure, observation, inspection, tearing, replacement and rceonetructiom, aril, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles h 1 and 12. 09,7S R Slav Stop tke Work: 13.10. if the Work is dlerective, or CONTRACTOR fails tosuppty sufficient skilled workers or suitable materials or equiptent, or fails to furnish or perform the Work in such a way that the completed Work will confarrrt to the Contract Documents, OWNER may order CONTRACTOR to st�p the Work, or any portion tlherecif, until the cause for atneln order has heart elimhmted; however this right of OWNER to stop the Work shall not give rise to any duty on the pan of oWNFk to exercise this tight for die benefit of CONTRACT OR, or any surety or otter patty, Cexreedan or Remotnl grDefecrive WOr$: 13.1 L If required by ENGINEER, CONTRACTOR shall promptly, as directed, enter correct all ecrtve Work, whether or not Fabricated, installed or completed, or, if the Work has but rejected by ENGINEIh12, remove it &on the site and replace it with Work that is nit defective. C WfRACr0R shall pay ail claims, casts, losses and damages caused by or resulting) from such correction or removal (including but not limited to all costs of repair or replacement of work or ohcrs). 13.17. Correction Period 13.12-1.1f within m>e-year two,years after the date of Substantial Completion o such longer period of time as may be prescribed site or Regulations or by the terms of arty appheabte special guarantee required by the Contract Documents or by arty specific provision of the Contract Documents, any Work is found to tie de,)$ow, CONTRACTOR shall promptly, widmttt om to OtVNBR and in accordance with OWNER's written instructions: (i) correct such defective Work or, if it has been rejected by OWNER. remove A tram the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove artd repktee any damage to other Wok or the work of others milting therefromn. If CONTRACTOR dots not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OW1,1ER may have die okfactive Work corrected or the rejected Work removed and replaced, and all claims, oasts, losses aril damages caused by m resulting Irons such removal and r�placa lent (including but not limited to all costs of repair or rTlaeeinem of work of others) will be paid by CONi'RAC FOR 13.1?^.In s .-ial circumstances where a particular item of equipment is placed in continuous set -vice before Substantial Completion Of all the !fork, the correction period Cur tut item may clan to nm from an earlier date if so provided in the Specifications or by Written Amendment. 13-12.3. Where def cow Work (map damage to other 28 tNIDC 3%NC CN C'Olvi?It1GCtS 101R$090E J(10 col01Y Of FOR7(Ta.1.,7 NS MCN)[rU":pT10N5 QtmV d+2(Kro) Work resulting thereiicm) has been conected. removed or replaced under this paragraph 13.12, the correction period hereunder w ith respect to suds Work will be extended for an additional period of coma -year two c%rs after such correction or removal and replacement has been satisfactorily completed ,1ccapXtaee afDofactive Work: 13.13. lf, instead of requiring correction ar return al and replacement of defective Work, OWNMR (and, prior to 1•NTO NEER's recommendation of final payment, also RNGfI7EER) pprrefers to accept it, OWNER may do so CONTRACTOR shall pay all clsans, cash, lasses and damages attributable to OWNFR's evaluation of and determination to acee such Ayr chive Work (such casts to be approved by ENGWT:SR as to reasonableness), If any such acceptance occurs prior to BNGiNMiWs recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if Owlo's are unable to agree as to the amount thereof, OWmay make a claim therefor as provided in Article I L If the acceptance occurs alter such reeommenidati n. an appropriate amount will he paid by CONTRACTOR to OWNER. OWWTR May Correct Defec&te Work: 13,1.4. If CONTRACTOR fails within a reasonable time alter written notice from b"NOMER to correct defective Work or to remove mid replace re) ected Work as required by fsNGINEM in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance; with the Cotiftot Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after sever days written notice to CONTRACTOR, correct and remedy any such deficiency, In euercisatg the rights and remedies artier this paragraph OWNER stall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exchide CONTRACTOR fi oru all or part of the site, take possession of all or pan of the Work, and suspend CON'TRACTOWs services related thereto, take pwsssion of COT fRACTOR's tools, appliances, oon�ntaion equipment and machinery at the site and 111M. ate in the Work all materials and equipment sired a the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER. OWN'ER's represerstatives, agents and employees. OWNIiR's other contractors and ENG11vE131 and ENGINEER's Consultants access to the site to emble OWNER. to exercise the rights and remedies under this paragraph All claims, costs; losses and damages irwoutrcd or sustained by OWNER in exercising such rights and remedies will tor± charged against CONTRACTOR and a Change Order will to issued incorporating the necessary revisions ire the Contract Dccuncnts with respect to the Work; and 01A'N'ER shall be entitled to an appropriate decrease in the Contract Price, and, tribe jnrtics are nimble to agree as to the amount thereof, O NFR may make a claim therefor as provided in Article 11, Such claims, casts. Ides and damages will include but not be Utaited to all casts of repair or replacement of work of other destroyed or damaagged byy cxxratioq removal or replacement of C )IMA("I'OR's defective Work CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder_ ARTICLE 14--PA"MNTS TO CONTRACTOR AND COMPLETION Schedu& of Values: 14J, The schedule of values established as provided in paragraph 29 will serve as the basis for progress payments and will be ed into a form of Application for Payment acco�tab a to ENOTNMPr payments; on account of Urai Price Work will be bawd on the number of units conpldxx Apphcar%n for Progresr Payment, 14.2. At least tweedy Sys before the date established for each progress payment (but trot more often than once a month), CONTRACTOR shall submit to 04GMTEER for review in Allp�nation fix Payment filled out and sped by C ORTRACT OR covering the Work completed as of die date of the Application and auwmpamed by such supporting dkncummatim as is t�tinedt by the Contract Documents If payment is requested an the basis of materials and equipment not incorporated in the Work but delivered and suitably stoned 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 hem received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate pproperty insurance and other arrangements to prMot OW Ms interest thetem. all of which will be satisfactory to OWNEX, The amount of retainwge with respect to progress payments will be as stipulated in the Agreement. Any fu Uri .. are Moeld by the OWNER shall not be subject to substitution by the CONTRACTOR with,sCotriGes argny,@ti�g�,i}1 _jpygJy,R,g,,,.an ow.gr custodumshi 13y gxecutim-toe appfipatitm _yrgent Finn the CC 7 RA�CT012 re.,_ i waives his rt to tlnc b ncf rs o Coltrx Jo RdvLse„_St ituu Sectio�t 4 9 -11)1, et soy._ CONTRotC,'TOR's Warranty of Tide: 14.3. CONTRACT OR warrants and guamrtem that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in. the Project or no, will pass to OWNER no later than the time of payment free and clear of al I Liens. Review of Applicationsfor Progress Payment- 14.4. ENGINEER will,. within ten days after receipt of each Applicationfor payment, either indicate in writing a recommendation of payment and present the Apphattion to OWNER, or return the Application to CONTRACTOR indicating in writing LNGP TTEER's reasons for refusing to recommend ps;anent. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Appliciman ten days after esentation of the Application for Payment to O%Xwith ENGIINTER's reconmemfation, the am writ recommended will (subject to the provisions of the last sentence of paragraph 14.7) beanie due and when due will be paid by OWNER to CONTRACTOR_ 14.1, 1"sNGITi&F..R's recommendation of any payment requested in an Application for Payment will eonistatute a representation by ENIGINHER to OWNER, based on EMGiNELR's on -site observations of the executed Work as an cxpa iencmd and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENOMMEiR's knowledge, information and belief 14AL the Work has progressed to the point mdreatedl, 14,5.2. the quality of the Wok is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a fittctio ung whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contact Documents, to a final determination of quantities and classifications fo unit Price Work under paragraph 9.1 q, and to any other qualifications stated m the recommendation), and 14,5.3, the conditions precedent to CONTRAC ORs being entitled to such payment appear to have been fulfilled insofar as it is ENOINTMMMs responsibility to observe the Work. However, by recomueaxling any such payment ENGINEER will not dnexeby be deemed to have represented that. (i) oihaustive or continuous on -site inspections have ben made to check the quality or the quantity of the Wok beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the ponies that might entitle CONTRACTOR to be paid additionally by OWNER or entitle O WINTER to withhold payment to CONTRACTOR 14.5 ENGINT+ERs remmmemlation of any payment, including fukal payment, shall not mean that ENGINEER is responsible for CONTRAcTOR's nneans, methocls, lechniqtees, sequences Or procedures of construction, or the sonlety precautions and programs incident thereto, or for any failure of CON1 RACTOR to comply with Caws and Regulations ns applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform of lurmeh Work in accordance with the Contract Documents, 1 A 7 FM!INE ,R may refuse to recommend the whole or any part of any payment if. in EN311NE s opinion, it would be incorrect to make the representations to FJCDC OF-WAAL CON13P I ONS 1910-3 09901Ad ivo 29 rot CITY OF F0RT CXN,LFM MC"FICA-n0M (REV M1:daonl OWNER referred to in paragraph 145. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subs4luent inspecticins or tests, nullify any such payment previously recommended to such extent as may be necessary in FINGINEER's opinion to protect OWNER from lossbecause: 14.7,1. the Work is ckfectriv, or completed Work has been damaged retluiring vorreation or replacement, 14.7.2. the Contact price has been reduced by Written Amendment or Change Order, 14.T3. OWNER has been required to correct defective Work or complete Work to accordance with panuygph 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. OW7,lhX may refuse to make payment of the full amount recomtnerMed by ENGINEER, because 14.7.5. claims have been mate against OWNER an account of C)ONIRACTOR'sperfmnance or hfrnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a soat- off against the amount recommendcxf, or 143X OWNER has actual kriowledge of the occurrence of any of the everts enumerated in paragraphs 14.73 through 14.7.3 or lxmmgraph s 15.2.1 through 15.3.4 inclusive, but OWNER must give CONTRACTOR immedate written notice (with a copy to ENGINEER.) satng the reasons for such action and promptly pay CONTRACTOR the amo rd so withheld, or any addt�ustment thereto agreed ER to by OWNand C(NTRACTOR, when CONTRACTOR corrects to OWN'L•"R's satisfaction the reasons forsuch action Sbbskm" CoMpledon: 14.8. When CONTRACTOR consders the. entire Work ready for its intended use CONTRACTOR shall notify OWNER and EMINERR in writing that the entire Work is substantially complew. {except for items specifically fisted ry ("ONTRA('I OR. as incomplete) and request that E GT1lFLFI2 issue a certificate of Substantial Comppletion. Within a reasonable time dureallet, OWNER. CONTRACTOR and ENG7NK13R. shall make an inspection of the Work to determine the status of aumpleuon. If CNGfNMR does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR 'in writing giving the reasons therefor, If b"NCrINEF.I MIX(JENIKALCUt ITIOMlulu-sttugo Skim) 30 W(I YOFf(.)RTIX t.[IN%i ("Fl(-ATIO"OtEVA06'a) considers the Work substantially completer. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substanial Completion which shall fix the date of Substantial Completion, There shall be attached to the certificate a tentative list of items to be completed or corrected before final }myment OWNER shall have seven days after receipt of the tentative certificate during which [e make tvrigen objection to ENGINEER as to any provisiots of the certificate or attached list, ff, after comsiden. such objectioix ENGINEER concludes that the W'ok is raft substantially complete, ENGINEER. will within fourteen days after submission of the tentative certificate to OWNER rx)* CONTRACTOR in writing, stating the reasons therefor. I4 after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGIN—MR will within said fourteen days execute and deliver to OWNER and 0ONTRAC1'OR a definitive certificate of Substantial Completion (with a revised tattetive fist of items to be completed or corrects reflm such changes from the tentative certificate as }SNG= believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comwi tion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pendiirrngg final payment between OWNER aril CONTRACTOR with respect to security, operation, safety, maintemnce, feat, utilities, irtaursmoc and warranties and guarantees. Unless OWNER and CONTRACTOR agrce tuitetwise in writing and Sri inform ENGffN'EER in writing prior to ENG R's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until fowl payment 149. OWNER. shall have the ri& to exclude CONTRACTOR from die Work after the date of Substantial Completion but OWNER shall allow, CONTRACTOR reasonable access to complete or correct items on the tentative list. pr mid UN(im ion: 14.10. Use by OWNER at OWNER's option of any subsummially completed part of the Work, which: (i) has ,Tec:iftcall}}� been identified in the Contract Documents, or (u)OWNI t, ENGINEER and C'ONTRACfOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER, for its imemxed purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be ac omplished prior to Substantial Completion of all the Work subject to the fuilowin g 14.10.LOWNER at. any time may request CONTRACTOR in writing to petmit OWNER to ire tmy such partof the Work which OWNER. believes to be ready for its intended use and substantially coopplete. ICCONTRACl'C)R agrees that such katt of the Wurk is sub9andrilly complete, CONTRACTOR will codify to OWNER and ENGINEER that such ;I)art of the Work is substantially complete and request FNTEER to issue a certificate of Substantal Cc.+mpletion for. that part of the Work. C N1 RACfOR at any time mapp notify OWNER aid ENGINFER in writing that C',ONTRACTOR considers any such pail of the Work ready for its intended use and substantially complete and request Mi GIR1ERR to issue a certificate of Substantial Completion for that. part of the Work. Within a reasonable tone aller either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of tat part of the Work to determine its status of completions If ENGINEER does not consider that pan of the Work to be substantially complete ENC'>fN;ER will notifi, OWNER and CONTRACTOR in writing giving the reason therefor. If IINGINF.,F`.R considers that part of. the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility ut res-pect thereof and access thereto. 14.I0.2. No Occupancy or separate operation of part of the Work, will be accomplished prior to coupliance with the requirements of paragraph 5.15 in respect of proparty insunince. Final Inapectirm: 14.11. Upon written notice from coNTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final ''inspection with OWNER and CONTRACTOR and will n atify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary nor complete such work or remedy such deficioncies. Final AppV&Wian forPay,nwd., 14,12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds; certificates or other evidence of insurance rexuired by pa h5.4. certificates of inspection, marked -up recordimems (as provided in pamgmph fi 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payme is The final Application for payment slat be accompanied (except as previously delivered) by: (S)all documentation called for in the Contract Documetus, in cludithg but to limited to the evidence of insurance required by subparagraph 5.4.13, (u) conset of the surety, if any, to final payment, and (iii) c rnpl ac and legally etfctive releases Or waivers (smisfac oip to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONIR.AUPO R, may furnish receipts or releases in full a d affmdtvit of CONTRACTOR that: (t) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OLimIFR or OWNTUirs property might in any way be responsible have been paid or Otherwise satisfied If any Subcontractor or Supplier tails VXDC (Awl BAL 01ONDt )UNS 1910.309" Eai+iml cute TVOrFORrooi.t.rxvmODIFtcnnoxcsptrty4,2oom to furnish such a release or receipt an lull. CONTRACTOR may banish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Rol or %ai_v_us of,liens and the,ccmmnt cif the surd to F i2c are to faC .sit ' led„, onp forms conform inttto the formal of die O jnL1R'S atan rd [orms bound.jn Ilie Project manual. Final Payment andAcceptanee. 14.1.3, If, on the basis of ENGINEER's observation of the Work during coreatuction and final itnpectiat, and F N`G,INI FER's review of the fital Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CO NTRAC TOR's other Obligations under the Contract Dooumojits have been fulfilled, Ii.NGINEER wi lt. within ten days after mocipt of the final Application for Payment, indicate in wrttmg ENGLNEI3R's recommendation of payment and present the Application to OWNER for paymeta At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to (X?NTRACTOR, indicating in writing reasons for refussnantgg to reccanmend foal payment, in which case CONTRACTOR shall make the necessary cotrectiorts and resubmit die Applicatiot Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER`s reenmmendation and notice of acceptability, the amount reommerded bt ENGINEER by will become due and will be paid 1 OW'NUR to CONTRACTOR alrbject lea oara¢rarilm 7 6.'�d� }lp ��IR�1 �9R144314i1X 14,14. If through no fault of CONTRACTOR, final comp etian of the Wo r is ifcart delayed and if ENGINEER so contunls, O� she Upon receipt of CONTRACTOR's foal Gan for Payment and recommetdeGon of ENG R, and without terminating the Agreement. make payment of the balance due for that portion of the Work fully comppleted and accepted. If the remaining talante to be held by OWNER for Work not fully completed or corrected is lest/ 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 clue for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGP.NF.ER will, the Application for such payment. Such payment shall be made under the terms and corciitiorcw governing final payment, exceptthat it shall not constitute a waiver of claims. Whiver of Claims. 14.15. The making and ac;gatan�e of final payment will constitute 14.15.1.a waiver of all claims by OWNER against CONTRACTOR, excopt claims arising frum unsettled Liens, from defective Wank appearing after 31 final inspection pursoart uu paragraph 14,11. from faihxe to comply with the Contract Docume u or the terms of mry special guarantees specified therein. or From ('O fRAOTOR's continuing obligations under the Ccmuaet Documents; and 14.IS.2.A waiver of all claims by CONTRACTOR against OWb AR other thin those previously made in ivriling and still unsettled - ARTICLE 15-511SPENSION OF WORK AND TERMINATION OR''iVf i7 Air t, Srspaaul Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR aril ENGINIM which will fix the date on which Work will be resumed_ CONTRACTOR shall resume the Work out the date so fixed. CONTRACTOR Shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or booth, direct attributable to am such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I herd 12. OWNER Hay Terminate: 15.2 Upon the occurrence a any one or more of the following cvcnts: 15,21 if CONTRACTOR istrntly fails to perform the Work in accordance wait the Contract Document% (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or ecgripment cc failure to adhere to the progress sdtcdttlo esutblished under 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 jwtsdictieut; 15,2.3. if CONTRACTOR disregards the authority a HNGINL R; or 152.4_ if CONfRAC'TOR otherwise violates in any substantial wily any provisions of the Contract Ikaotanents, OWNER tray, after giving CONTRACTOR (and the surety. if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services orCON AC MR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances; caatrucuon equipment and machinery at the site and use the same to die full extent they scald be used by CONTRACTOR (without liability to CONTRACTOR for tresrass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 kJ(7DCQEh'b AI C0MATtQM 1910-s 0WEt 410 tat C97Y OF FORT OOtJ KS MODIFICATIONSfREW V2000) CONTRACTOR but which are stored d1sewhere, and finish the Work as OWNPR.may deer» expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from contplating the Work shah excess will be laid to CONTRACTOR if such claims costs, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such shims, coasts, lasses and damages incurred by OWNER will be reviewed by LNOINIiER as to their reasonableness and when so approved ENGI:J IWR incorporated in a Change Order, provided t when exercising any rights or remedies under this paragraph OWNER shall not be requires[ to obtain the lowest price for the Work performed. 15.3. Where CONTRAC'rOR's services have been so terminated by OWNER, the termination will not allect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue, Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR hark liability. 15.4. Upon seven days written notice to CONTRACTOR and MNIGINERR, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRAACTOR shall be paid (without duplication of any items): 15.4.1, fur completed and acceptable Work executed in accordance with the Contract Documents ior to the effective date of termination, including fair and reasonable sans for overhead and profit on such Work, 15.42, for expanses sastafned prior to the effective date of termination in pmfammg services and furnishing labor, materials or Nuipmeru as required by the Contract Documents in connection with uncompleted Wort4 plus fair and reasonable suns for overhead mid profit on such expewes; 15.4.3. for all claims, costs, loaves and damages incurred in settlemert of terminated cataracts with Subcontractors, Suppliers and others; and 15.4.4, for reasonable expenses directly attributable, to termination. CONTRACTOR shall not be paid on accrxlnt of lays of anticipated btrofits or revenue or other ecuauatic loss arising out of or resulting firm such termination CONTRACTOR Aia)r,Stap Work ruTermfaara: 15.5. It; thaouno actor 6rult of CONTRACTOR, the tJt Work is suspent for a period of more than ninety days by OWNER or wider an order of court or other public authority, or 1UMGTNIi4N fails to act on any .Application for Payment within thirty days after it is subanatted or OWNER tails for thirty, days to pay CONPRACf OR any stun finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGI14EER and provided OWNER or ENGINEER do not remedy, such suspension or failure within that time, terminate the Agreement and recover bum OWKhR. payment on the same terms as provided in pamgmph 15.4. in lieu of termitmtin g the Agreement and without prrtudim to any other right or rwnedy, if a4GINEER has failo d to act on an Application for Payment within thirty days after it is submitted, or OW'NEk has failed for thirty days to pay, CONTRAC..TOR. any sum fhrrally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and INGINFYR slop the Work anvil payment of all such amounts due CONTRACTOR, including interest thereat The provisions of this paragraph 15.5 are not imerKled to preclude CONTRACTOR from making claim under Artic4cs I 1 turd 12 for an increase in Contract Prim or Contract Times or otherwise for espennsw or damage directly attributable to CONTRACTORS stopping Work as permitted by this paragraph. ARTICLE 16•-DISMYTE RISOLL"PION If and to the coetnt that OWNER and CONTRACTOR have agreed on the method. and procedure for resolving disputes between them that may arise under this Agreem nt, such dispute resolution method and procedure, if a shall be as set forth in EtdubitGC,A, "Dispute Resolution Agreement°, to be attached hereto and made a Part hereof. If no such ogmernmitt on the method and procedure for resolving such disputes has been reached, and ect to the Provisions of paragraphs9,10, 9.11 rind 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations it respect of any dispute. ARTICLE 17—NUSCELLANEOUS G hing Notice: 17.1. Whenever any provision of the Contract Documents requires tie giving of written notice, it will be dea ed to have been validly given if delivered it person to the individual or ton member of the firm, or to an officer of tie corporation for whon it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Coniquitatian ofTiate: 17.2.1. When any, period of time is referred to m the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on it day made a legal itelida by the law of the applicable jurisdiction such day will be omitted trom the computation. 122.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a clay Notice ofGlaint: 171 Should OWNER or CONTRACTOR suffiainjury or damage to person or Property because of any error, omission or act of the otter party or o$ any of the other pangs employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of thefirst observance of such injury a damage. The provisions of this paragraph 17.3 shell not be oorisuued as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumuta&re Remedies: 17A. The duties and obligations imposed by these Gcneral Corditims and the rights and remedies available hereunder to the parties herdo, arid, in particular but without limitation, the warranties, guarantees aril obligations imparted upon CONTRACTOR bparagraphs 6.12, 6.16, 6.30, 6.31, 6.32, 131,13.12,13.14, 14.3 and 15.2 and at of the rights and remedies available to OWNER and ENIMN M. thereunder. are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or gttaramee or by other provisions of the Contract Documents, and the provision of this paragraph will be as effective as if repeated specifically in the Contract Documents in coretectipet with each particular duty, obligation, right and remedy to which they apply. Professional Fear and Court Cosr Inducted: 17.5. Whenever reference is made to "claimx cthsts, losses and damages", itshall'include in each case, but not be limited to, all fees and charges of onguisera, architects, attorneys and other professionals and all cant or arbitration or other dispute resolution costs. l�Z�._Tl�laa�..ea�1�,s��i+lattldu...�idplX..ls.tlti� A�eemrnt TZeFete„q�_iwct �rxhtnetu t�nlcT„r�rlo.,,,,,t�ititi�.g are as follows: 17,§,;._ jf A_91stin 0,jil�.�W*J' 1�7gi1 law (t fi5 33 6 107j to -wit} 1Rnl .. mi all paymerus to CC7�Tf12;lCT R- ffici to fund;_ to irAm the }tut}7rlcnt_nf :dl chanties, -fox lahcx matcnalq -tt,7m him, ta7lae y_[NWlJta15 pjOYCRder Ur tlUlU SUUnhts used or ainsumed by_ CONTRr1('TOR or his EXI)C d3DWAAL CONU1110Na 19108 (1990 Et5(ial) 33 wi CITY Or FORT CaAA MS MMFICA'nONS (REV 4:7040) 34 81CD7QF3�'MM, CONN nQNS 1910-s (IWEdtig(F W CITY OF POItT ('01jism moos nc.AmONS (An'402000) (This page left blank intentionally.') W(A)CI MRAL C•OhOMQN$19195(19W Edtim) 35 wlCI rY OF FOR C XJAM MOMF1CATIOM (R1iV 4,2W0) 1) Substantial Completion: One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the Ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Dollars ($100.00) for each calendar day or fraction thereof that expires after the Ninety-one(91) 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: Two Hundred Eighty Four Thousand Thirty Three Dollars and Twenty Five Cents ($284,033.25), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 900 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. 900 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. 9/12/01 Section 00520 Page 2 s� r,�cz�CQBN%RAL,CoNIXflQ 1919-�IMQT--. im) w? C7'R` OF FORT COMM MODIFICATIONS (REW4P00o) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISI'UT'E RESOLUTION AGCZEf t3ENT OWNER and CONTRAC,70R hereby agree that Article 16 of the General Conditions of the Construction f'orttmct between OWNER and CONTRACTOR is amended to include the followirng agreement of the parties, I&I Ml claims• disputes and other matters in question betweert OWNER tad CONTRACTOR sting can of or relating to the Contract. Documents or the bare)' thereof (except for claims which have been waived by the making or acceptance of fuml payment as Priavided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitnue entered am in accordance herewith as provided in this Article 16 will be specifically enforceable tinder the ji"e ailing law of any court having jurisdiction 16.2, No demand far arbitrationof any claim, dt etc or other matter that is required to be relerred m ENGINEER initially for decision in accordance with paragraph 9.11 will be made until die rainier of (a) the orate on which ENGINEER has rendered a written dcoision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGr:NEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made late than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.1 I; and the failure to demand arbitration within said thirty days" period will result in ENGINEER's decision being final and binding upon OWNF•:R and CONTRACTOR. If ENGINE R renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedinngs, except where thfti decision is acceptable to the parties concerned. No demand fox arbitration of any written decision of F.NiJYI:REER rendered un accoxdmtce with paragraph 9,10 will be mWe hater than ten days after the party making ,Rich demand has delivered written notice of intention to appeal as provided in paragraph 910. 16.A Notice of thedemand for arbitration will be filed in writing with the other party to the Agreement and with de Amenctin Arbitrution Also ;nation, and a copy will be sent to ENG1NEFR for information The demand for arbitration will be made widaut the dirty -day or ten day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when irbtitution of legal or equitable proceedings based on such claim, dispute o- other matter in question would be barred by tic appliuible statute of lunitatiom. Er('UC OENLAA . WN'017120M 1910-B (199a Edam) K2 01A OF FORT COt:LtM MODIF'tCAa'tON-, (REV 9,'99) 16.4_ Except as provided in paragraph 16.5 below. no arbitration arising out of or relating to the Contract. 17cetunents shall include by consolidation. joinder or in any other manner any other person or entity (including ENGINEER, ENt7MER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless. 16.4.1, the inclusion of such other person or entity is necessary if complete relief is to be afforded among tm who are already parties to the arbitration, and 1642 such other person or entity is substantially involved in a question of law or fact which is cotumon to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.1 die written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusinn, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a Subcontractor, either OWNER or CC7,VTRACTOR may join such Subcontractor as a party to the arbitration between OWNI:,R and CONTRACTOR hereunder. CONTRACTOR shall ivalude in all sidtcartraco 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 coseuing to joinder shall create any claim, right or cause of action in favor of Subcontractor and againa OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist 16,6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereon; and it will not be subject to modification or appeal. 16.7 OIVNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims. disputes and other matters at question hctween them arising out of or relating to the Contract Documents or the breach dereof ('disputes"), to mediation by the .American Arbitration Association tender the Constructitai Industry Mediation Rules of the Arnerican Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initialing arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to fife a demand ror arbitration its provided in paragraphs IG.c and 16.3 above shall be suspended with respect to a dispute aibmitted to mediation within those same applicable time lungs and shall remain suspended until ten days, after the termination of the mediation. The medirntor of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such distane unless cdwrivvio agreed. (W-AI EJCDC GENERAL CONDMOM 19ID-8 (I "Uditiw) WCITY OF FORT COLLINS MODIFICATIONS (REV 9.,94) (;('-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-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the work: CTL Thompson Inc. Subgrade Investigation and Pavement Design Bobcat Ridge Trail Parking Project No. FC03550-135 September 21, 2005 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. 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: 7/96 Section 00800 Page 1 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 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Bobcat Ridge Trail Parking CONTRACTOR: BT Construction, Inc. PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT 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 Chanae by Chanae Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: Net Change by Change Order $0.00 1 AMOUNT DUE THIS APPLICATION: 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: By: 9/997/96 Section 00960 Page 1 $0.00 $0.00 $0.00 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 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 provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 9/12/01 Section 00520 Page 3 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $o.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 d Ilk do • • ! 1t t a[ i a a r« :. t o SUBGRADE INVESTIGATION AND PAVEMENT DESIGN BOBCAT RIDGE PROJECT 8429 WEST COUNTY ROAD 32C LARIMER COUNTY, COLORADO Prepared for: CITY OF FORT COLLINS OPERATION SERVICES 117 North Mason Street P. O. Box 580 Fort Collins, Colorado 80521 Attention: Mr. Steve White Facilities Project Manager Project No. FC03550-135 September 21, 2005 4001 Automation Way I Unit 2011 Fort Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 TABLE OF CONTENTS SCOPE........................................................................................................................... I SUMMARY OF CONCLUSIONS...................................................... I .......... I.................. I SITECONDITIONS...............................................................................................I........ I PROPOSED CONSTRUCTION...................................................................................... 2 INVESTIGATION............................................................................................................ 2 SUBSURFACE..........................................................................................................3 LABORATORY INVESTIGATION.................................................................................. 3 SUBGRADE PREPARATION.........................................................................................4 SOLUBLE SULFATES...................................................................................................5 PAVEMENT DESIGN..................................................................................................... 5 PAVEMENT MATERIALS.............................................................................................. 6 CONSTRUCTION DETAILS...........................................................................................7 LIMITATIONS................................................................................................................. 7 FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3 - GRADATION TEST RESULTS -TABLE 1 - SUMMARY OF LABORATORY TEST RESULTS APPENDIX A -RIGID PAVEMENT DESIGN CALCULATION APPENDIX B - CONSTRUCTION CHECKLIST APPENDIX C - GUIDELINE MAINTENANCE RECOMMENDATIONS CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03SM-M SAFC03550.D00\i35\2. Reports\R1\FC03550-135.rpt.doc SCOPE This report presents the results of our subgrade investigation and pavement design for the parking lot at the proposed Bobcat Ridge Project located at 8429 West County Road 32C in Larimer County, Colorado. This investigation was to identify the type of subgrade soils under the proposed parking lot and to send design pavement alternatives for paving the parking area. Our report includes a description of the subgrade soils penetrated by our exploratory borings, laboratory test results, recommended alternative pavement sections and construction and materials guidelines. SUMMARY OF CONCLUSIONS 1. Our borings penetrated 4 feet to 6 feet of loose to medium dense, clayey sands over nil to 4 feet of hard, slightly cemented sandstone underlain by very hard, cemented sandstone at 6 feet and 8 feet. Ground water was not encountered In the borings. 2. The subgrade soils have excellent subgrade support characteristics. 3. A minimum Portland cement concrete section of 5 inches is recommended for paving the handicapped parking spaces. SITE CONDITIONS The Bobcat Ridge Project Is a large natural area, owned and operated by the City of Fort Collins. The parking lot addressed in this report is located in the natural area approximately 1 mile southwest of Masonville, Colorado at 8429 West County Road 32C. The natural area covers 2,600 acres, situated on the steeply sloping eastern side of Green Ridge. A small creek bounds the northeastern side of the property. The Horsetooth Supply Canal crosses the southeast corner of the property and enters an Inverted siphon to cross Buffman Canyon. Vegetation consists mainly CITY OF FORT COLLINS OPERATION SERVICES BOBCAT RIDGE PROJECT CTL I T PROJECT NO. F093550-135 S:\FC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc it of low grasses and bushes. Historically the property was used to graze cattle with some irrigated pasture. The location of the proposed parking lot is currently a intermitant drainage swell that crosses the site from west to east. Corrals and various outbuildings are on the north side of the drainage. The drainage is fenced into several "dry lots" for cattle operations. A few sandstone outcrops were visible along the sides of the drainage, upstream from the proposed parking lot. PROPOSED CONSTRUCTION A parking lot will be placed along the north side of the drainage swell. The entrance to the parking lot will be on the north side of the drainage swell right off of County Road 32C. We understand the parking lot will be generally U-shaped and will exit onto the existing access road for the Horsetooth Supply Canal on the south side of the drainage. The swell will be piped under the parking lot on the west side to create a parking area for longer vehicles such as pick-ups with horse trailers. Where the swell is not piped it will be shifted to the south approximately 50 feet to 100 feet. Borrow soils for fill under the parking lot will come from the excavation needed to shift the alignment of the drainage. We understand that the majority of the parking lot and roads will be surfaced with 'gravel and that the handicapped parking stalls will be surfaced with concrete pavement INVESTIGATION Subsoils were investigated by drilling five exploratory borings. Two borings (S-1 and S-2) were drilled to 10 feet in the area of proposed fill, generally In the west portion of the parking area, 1 boring (3-3) was drilled to 5 feet in the area were the parking lot was approximately at the existing grade, and 2 borings were drilled to 5 feet in the proposed borrow area. The boring locations are shown on Figure 1. CITY OF FORT COLLINS OPERATION SERVICES 2 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. F003650.135 SAFC03550.000113512. ReporWRITC03550-135.rpt.doc IfF The borings were drilled with a truck -mounted drill rig using 6-inch diameter continuous flight augers. Soils were sampled by driving a California sampler with a 140-pound hammer failing 30 inches and by collecting bulk samples from the auger cuttings. SUBSURFACE Our borings in the area of proposed fill penetrated 4 feet to 6 feet of medium dense, clayey sands over nil to 4 feet of hard, slightly cemented sandstone over very hard cemented sandstone at 6 feet and 8 feet. Our 5-foot borings penetrated loose to medium dense, clayey sands throughout the depth explored. The clayey sands were slightly moist. Ground water was not encountered In the borings. Summary logs of the borings, including results of field penetration resistance tests, are shown on Figure 2. LABORATORY INVESTIGATION The laboratory investigation for the pavement subgrade soils was designed to provide index properties, swell/consolidation characteristics, and subgrade support values for those soils that influence the pavement design. Index properties of the soils sampled were measured and the soils were classified according to AASHTO and the Unified Soil Classification System. The soils classified as A-6 and A-2-6 according to the AASHTO classification. The soils classified as clayey sands (SC) according to the Unified Soil Classification System. The samples had group indices ranging from 0 to 2. The samples tested had liquid limits ranging from 27 percent to 30 percent and plasticity indices from 11 percent to 12 percent. The samples had 35 percent to 44 percent silt and clay -sized particles (passing the No. 200 sieve). Laboratory test results are presented on Figure 3 and summarized in Table 1. CITY OF FORT COLLINS OPERATION SERVICES 3 BOBCAT RIDGE PROJECT CTL IT PROJECT NO. FC03550-135 SAFC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc IF SUBGRADE PREPARATION Subgrade immediately below the pavement section should be scarified a minimum of 12 inches deep, moisture conditioned to between 2 percent below and 2 percent above optimum moisture content and compacted to at least 95 percent of standard maximum dry density (ASTM D 698). Scarification and re -compaction of the upper 12 inches of subgrade soils should occur as close to the time of pavement construction as possible. The final subgrade surface must be protected from freezing and from excessive drying or wetting until such time as the pavement section is constructed. On -site soils substantially free of trash, debris, organics or other deleterious materials are suitable for use as fill. Imported fill should consist of soils with properties similar or better than the on -site soils. Samples of the proposed fill should besubmitted to our office for approval prior to importing to the site. All fill should be placed in 8 Inch maximum loose lifts, moisture conditioned to between 2 percent below and 2 percent above optimum moisture content and compacted to at least 95 percent of standard maximum dry density (ASTM D 698). A representative of our firm should observe placement and test compaction of fill. Proper grading and drainage and maintaining moisture contents near optimum will be critical to avoid excessive deflections, rutting and pumping of the roadway during subgrade preparation. If moisture and density cannot be sufficiently controlled during subgrade preparation and stabilization Is required, stabilization by removal and replacement or stabilization using geotextile fabrics and/or Imported granular and rock materials may be used. For isolated or small areas requiring stabilization, removal and replacement or "crowding" angular, coarse aggregate into the subgrade may be effective. CITY OF FORT COLLINS OPERATION SERVICES 4 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 S,.WC03550.000113512. Reports%RI�FC03550-135.rpt.doc SOLUBLE SULFATES Water-soluble sulfate (SO4) concentrations were measured in a sample of the near -surface subgrade soils to determine the risk of exposure to sulfate attack where portland cement concrete is used. The soluble sulfate concentration was below the detectable limit. These results indicate Class 0 (formerly "negligible") and Class i (formally "moderate") exposure to sulfate attack on concrete (e.g. curb and gutter or pavements) according to the American Concrete Institute (ACI). According to the Portland Cement Association criteria, Type I cement can be used In concrete exposed to these soils. PAVEMENT DESIGN We used the Group Index design method. Based upon our experience we believe that a group Index of 0 to 2 is equivalent to an R-value of 30. We have assumed an equivalent daily load application (EDLA) of 5, which corresponds to an equivalent single axle load (ESAL) of 36,500. These values are typical of single-family residential parking or a residential two-lane road. We have further assumed a minimum 28-day compressive strength for the Portland cement concrete of 4000 pounds per square inch (psi). Using the traffic loading assumed, we calculated a minimum required Portland cement concrete thickness of 5 Inches. The pavement should be placed directly upon the prepared subgrade as specified in the above "Subgrade Preparation" section. It is possible that departmental or other regulations might specify a thicker section. We can provide a flexible pavement section design upon request. The pavement section calculation worksheet is included as Appendix A. If subgrade stabilization due to soft or loose soils is required, overexcavation and replacement with coarse, granular soil such as pit run gravel, use of geotextiles or geogrids, or chemical stabilization such as fly ash typically perform well in soil environments similar to those we encountered at this site. CITY OF FORT COLLINS OPERATION SERVICES 5 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 SAFC03550.000\135\2. Reports\R1\FC03550-135.rpt.doc IF Chemical stabilization techniques have weather and temperature limitations that should be considered. PAVEMENT MATERIALS Material properties and construction criteria for the pavement are provided below. These criteria were developed from analysis of the field and laboratory data, our experience and City of Fort Collins requirements. If the materials cannot meet these recommendations, then the pavement design should be reevaluated based upon available materials. All materials and construction requirements of the City of Fort Collins should be followed. All materials planned for construction should be submitted and the applicable laboratory tests performed to verify compliance with the specifications. Portland Cement Concrete (PCCI 1. Portland cement concrete should have a minimum compressive strength of 4,000 psi at 28 days and a minimum modulus of rupture (flexural strength) of 600 psi. A job mix design Is recommended and periodic checks on the job site should be made to verify compliance with specifications. 2. Portland cement should be Type 1 and should conform to ASTM C 150. 3. In hot weather conditions Portland cement concrete should be placed In accordance with ACI 305R. 4. In cold weather conditions Portland cement concrete should be placed in accordance with ACI 306R. 5. Curing procedures should be implemented, as necessary, to protect the pavement against moisture loss, rapid temperature change, freezing, and mechanical injury. 6. Construction joints, including longitudinal joints and transverse joints, should be formed during construction or sawed after the concrete has begun to set, but prior to uncontrolled cracking. 7. All joints should be properly sealed using a rod back-up and approved epoxy sealant. CITY OF FORT COLLINS OPERATION SERVICES 6 BOBCAT RIDGE PROJECT CTL I T PROJECT NO. FC03550-135 S:\FC03550.000\135\2. Report9\R1\FC03550-135.rpl.doc