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HomeMy WebLinkAboutBID - 5967 ASPHALT SLURRY SEAL PROJECT (2)SPECIFICATIONS e CONTRACT DOCUMENTS [101:7 Asphalt Slurry Seal Project 2006 BID NO. 5967 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS April 18, 2006 — 3:00 P.M. (OUR CLOCK) 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 12/03 Section 00100 Page 4 19W-� 41"QC41imt 36 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISI* U RLSOLSr1ION AI=tZM- 11 f OWNER and C'ONTRACrOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: In 1. All claims, disputes and other matters in question between OWNER and CONTRACTOR ansuV cut of ar relating to the Contract rkncuntems or the breach thereof (except or claims which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will lx decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Acsaciarion then obtaining, sublw to the limitations of the Article 16. 1 his aerecarent so to arbitrate and any other agreement or cdvtwnt to arbitrate entered into in accordance herewith its provided in this Article 16 will he specifically cnfecahle under the prevailing law of tiny court having jurisdiction. 10 2 No demand for arbitration of any claim, di. ute or other matter that is required to be rcl-crre� to ENGINEER nasally for decision in accordance with paragraph 9 11 will bC made until the eatlicr of (a) the date chit which V'NM\1fTP has wondered a written decision or (b) the thmy host day after the parties have presented their ev dertce, to ERGT=K T3R if a written decistdxihas ncvl been rendered by 1 iaOINHER before that .hate. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which F?vGTNE.ER has reordered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGMER's decision being final and bind4 upon OWNER and COMIRA("TOR. If' EN(ANF.ER renders a decision after arbitration proceedings have been initiated, such decision ran), be entered as evidence but will not supersede the arbitration proceedings, except where the ecision is acceptable to the innics concerneaiai. No demand for arbinatidn of any written decision of UNGfNM R rendered in uc(xdtuhck with partigrapb 9,14) will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in lwtnigtaph 9 ID 16..1 Notice of the demand for arbitration will be filed in writing with the other party to the rAgreemcnt and with the ,merican Arbitration Asxwiatioq and a copy will b, sent to r_ GP_<rtER for information. The demand for ahbitration will be made within the ilurty-ds3y of ten-day period s7vvifted in paragraph 16.7 as applicable, and in all tither cases within a reasonable time after the claim, dispute or other matter in question fits arisen, and in no event shall any such demand, be made after the date when institution of legal or equitable proceed ngs based on such claan, dispute or other matter ill question would be tarred by the applicable statdac of limitations. r)cix•dsr txuC."'N rTiurnst91"0090-,4remt curt t� Fear c€lit a as ntc�ntrtt +'rirx s xEv arws) 16A Exce)nt as provided in paragraph 16.5 below, rich arbitration arising; out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEHR, WGINEER's Consultant and the officers, directom, agents, employees or consultants of any of them) who is not a party to this contract unless: 16 A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among tho w who ae already parties to the arbitration, and 16 A.2 such other pens, or entity is substantially involved in a question of law or fact which is common to thane who are already parties to the arbitration and. which will arise in such proceedings, and MAY the written consent of the other person or entity sought w be included and of O6S`131 R ant CONTRACYOR has teen obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not spctafic ally described in such consent a to arharation with any party not specifically identified in such conscnt, 16.5- Notwithstanding paragraph 164, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER or CONMACTOR may join such Subcontractor asit party to the arbitrntion between 01VIKER and CONTRACTOR hereunder, CONTRAC1014 shall include in all subcontracts required by paragraph 6,11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involvaig the Work of such Subcontractor. Nothing tit this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any, claim, right or cause of action in favor of Subconrmctor and apinst OWNER, EI MINIEER or E,5 GINEE;R's Consultants that does not otherwise exist. 16.6- The award rendered by the arbitrators wtilf be final, .judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification em appeaL 167 OWNER and M1,471 LACl-Olt agree that they shall first submit any and ail unsculed claims, counterclaims, disputes and other mattes in question between them arising out of or relating to the Contract 1)o cumems or the breach tlxreof' t"d spites'"}, to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association rrior to either of them initiating against the other a demand for arbitration pursuant tin paragraphs 161 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. t1w tc�p, vtivc thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.7 and 16.3 above shall be suspended with respect to a chspute submitted to mediation within those same applicable time limits and shall remain suspended until ten days niter the termination of the mediation. The mechator of any dispute submittal to mediation under this Agreement stmll act rrrnas arbitrxrtur cu' ouch dispute unless dtlrerwise agreed. FKAX'(W.NFRAL CONDITIONS I M4 (1990 EdtiA,) w! CITY Or FORT COLLINS MODIFICATION'S (REV qtq 1) GC-Af 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: Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the 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). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: 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 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: 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. I Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. I 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. '' "' 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 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and 12/03 Section 00100 Page 5 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 City. 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 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ASPHALT SLURRY SEAL PROJECT BID NO. 5967 City of Fort Collins COMM TTED TO EXCELLENCE BID OPENING: Purchasing Division 215 North Mason Street, 2nd Floor, Fort Collins April 18, 2006 — 3:00 p.m. (Our Clock) 2006 ASPHALT SLURRY SEAL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements l I-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. A. This work shall consist of the placement of Type II asphalt slurry seal on residential streets and parking lots as shown in Section 3500, Project Map: B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager). Rick Richter 970.221.6798 Mobile 970.222.1132 Erika Keeton 970.221.6605 Mobile 970.222.0787 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 12/03 Section 00100 Page 6 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street and landscaping improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 1 I of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing tabor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as maybe required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and 12/03 Section 00100 Page 7 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current version of the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Inspection of Work 105 Maintenance During Construction 108 Prosecution and Progress 409 Asphalt Slurry Seal 630 Traffic Control Devices REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein Project Specifications — Page I of 24 NO PARKING Wea July 7 7:00AM-6:00PM PATCHING Project Specifications — Page 2 of 24 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Proiect Specifications — Page 3 of 24 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets prior to slurry application. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer.. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. "NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed. The City of Fort Collins will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand." "NO PARKING" signs for Latimer County work will not be measured or paid for separately, but shall be included in the unit price for Construction Zone Traffic Control. PAY ITEM UNIT 105.10 City of Fort Collins Sweeping -All street surfaces Each 105.20 City of Fort Collins Sweeping - All parking lot surfaces Each 105.30 Latimer County Sweeping — Highland Hills Area Each 105.40 Latimer County Sweeping — Saddleback Area Each Project Specifications — Page 4 of 24 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The City of Fort Collins slurry seal application shall be completed within the following calendar months: It is the intent of this project to be completed within twenty five (25) working days after work commences for the City of Fort Collins as described below: • Fifteen (15) consecutive working days will be allotted for construction. • Five (5) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Five (5) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. The Larimer County slurry seal application shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL I AUG I SEP OCT NOV DEC It is the intent of this project to be completed within eleven (11) working days after work commences for Latimer County as described below. • Five (5) consecutive working days will be allotted for construction. • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction. • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction. • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. Project Specifications — Page 5 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Section 409 of the Standard Specifications is hereby revised as follows DESCRIPTION 409.01 The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion water, and specific additives proportioned, mixed and uniformly spread on the properly prepared surface of the streets as specified herein and as directed by the Engineer. The slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. MATERIALS 409.02 Asphalt Emulsion The emulsified asphalt shall conform to Grade CQS-lHL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (250 C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-lHL shall bean emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be added as SBR laytex by high shear mixing by co -milling or post -milling. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. 409.03 Aggregate The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA,SO4, or 25% using MgSO4. When tested according to AASHTO T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements of AASHTO MI or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: Project Specifications — Page 6 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE II 3/8" ( 9.5 min ) 100 No. 4 ( 4.75 mm) 90 - 100 No.8 (2.36mm) 65-90 No. 16 ( 1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. 409.04 Mix Design At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. Project Specifications — Page 7 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt Type II: 7.5% to 13.5% by dry weight of aggregate Mineral Filler 0.5% to 3% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency 409.05 Water All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. 409.06 Laboratory Testing All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture. TEST PURPOSE 11 METHOD SPECIFICATION Slurry Seal ConsistencyIF ISSA T106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ft2 max (538 g/m2 max) Wet Stripping Test ISSA T114 Pass (90% min) Compatibility ISSA T115 Pass* Quick Set Emulsion ISSA T102 Pass** Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ft2 max (538 g/m2 max) 6 Day Soak Loss 75 g/ft' max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. Project Specifications — Page 8 of 24 equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 8 REVISION OF SECTION 409 ASPHALT SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. 409.07 Stockpiling of Aggregate Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. 409.08 Storage The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. No portion of the right of way may be used for storage of any materials or equipment. 409.09 Sampling Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400 "Quality Control". CONSTRUCTION REQUIREMENTS 409.10 Weather Limitations No slurry shall be applied: 1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. 409.11 Equipment All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. Project Specifications — Page 9 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 1. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The mixing unit shall be equipped with a metering system to accurately meter all liquids by volume by the use of flow meters reading gallons per minute. The flow of the liquids shall be consistent and precise and feed into the pugmi ll in the proportions outlined in the mix design. The machine shall be equipped with a temperature indicating device installed in the emulsion tank at the emulsion pump suction line level. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler into the mixer as the aggregate is fed in. The fines feeder shall be used when mineral filler is part of the aggregate blend. The unit shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system, and fog type spray bar adequate for completely fogging the surface with up to 0.055 gallons per square yard (0.25 I/m'), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. 2. Proportioning Devices Individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at any time. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. 3. Calibration Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the Engineer's representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). 4. Verification Test strips, of at least fifteen hundred (1500) square yards for each mix used, will be made by each machine after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application. When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the Project Specifications —Page 10 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. 5. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. 6. Cleaning Equipment Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section 01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction". 7. Auxiliary Equipment Hand squeegees, shovels and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. 409.12 Preparation of the Surface Immediately prior to application of the slurry, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. Pavement cleaning methods must be approved by the Engineer prior to use. The Contractor shall apply oil spot primers to oil, gas and grease spots on pavement prior to applying the slurry seal. The Contractor must remove all weeds from pavement surfaces and from the interface of the concrete curb and asphalt prior to the application of any slurry seal. The Engineer shall give final approval that the surface has been prepared properly. Costs associated with these requirements shall be included in the unit price of the slurry seal work and shall not be paid for separately except as discussed in Section 02000 "Revision of Section 105; Maintenance During Construction". If the slurry is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the slurry seal. Project Specifications — Page 1 1 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 409.13 Composition and Rate of Application of the Slurry Mix The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface and approval by the Engineer. The amount of water added must be controlled accurately to ensure production of readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. The weight of dry aggregate applied per unit area shall be 18 lbs/sy. The test sections shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. 409.14 Application of the Slurry Surfaces 1. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of Project Specifications — Page 12 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. 6. Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within 1 to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. 7. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. 8. Maintaining Traffic The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. 9. Manholes and Valves Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. Project Specifications — Page 13 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 10. Stockpiles and Equipment Storage The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. 11. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) days. Disolodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. 409.15 Quality Control The Engineer may use the recorders and measuring facilities of the unit(s) to determine application rates, asphalt emulsion content, mineral filler and additive. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor on a daily basis. 1. Materials The Contractor will supply the Engineer with samples of the aggregate and asphalt emulsion used in the project at the Engineer's discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. Test results will be compared to specifications. The Owner must notify the Contractor immediately if any test fails to meet the specifications. 2. Slurry Seal Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Costs will be computed in accordance with Section 01400 "Quality Control". The Owner must notify the Contractor immediately if any test fails to meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under "Equipment; Calibration". 3. Noncompliance Frequency of testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. See Section 01400 "Quality Control". Project Specifications — Page 14 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL METHOD OF MEASUREMENT 409.16 Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the mix, including rolling and oil spot primer. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. It is imperative that the Engineer's representative be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may be present. No payment will be made for materials delivered without proper notification. Proportions of the material components to be used will be set by the Engineer, as well as the spread rate. These will be defined in the project mix design. Application rates will be set to match the approved mix design. If the yield is determined to be in excess of the maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection or a price reduction as follows at the direction of the Engineer: AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT 1 - 5% 10% or Rejection 5 - 10% 20% or Rejection 10% + To Be Determined by the Engineer The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. Project Specifications— Page 15 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL BASIS OF PAYMENT 409.17 The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved,aggregate and emulsion application rates. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Payment will be made under: PAY ITEM PAY UNIT 409.01 Type 11 Slurry Seal - All Street Locations Square Yard 409.02 Type I1 Slurry Seal - Parking Lots Square Yard Project Specifications — Page 16 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. The City of Fort Collins shall pay for the maximum number of each type of traffic control device being used at one given time per day. Larimer County shall pay for Construction Zone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.09 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans for the City of Fort Collins shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: Project Specifications — Page 17 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans for the City of Fort Collins shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 630.10 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the Owners Traffic Control Manager, and when requested by a representative, for each TCS utilized on this project.) One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the Owners Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. Project Specifications — Page 18 of 24 SECTION 00300 BID FORM REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the Owners's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (S) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shalt be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor ortheir approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in Project Specifications — Page 19 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.14 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is oven to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Project Specifications— Page 20 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) Flagger stand-by time will not be paid for under the terms of this contract In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The Owner shall not be responsible for any losses or damage due to theft or vandalism Project Specifications — Page 21 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) The accepted quantities for the City of Fort Collins will be paid for at the contract unit price for each of the pay items listed below: PAY ITEM UNIT 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Barrels Per Day Per Each 630.04 Type I Barricade without Light Per Day Per Each 630.05 Type II Barricade without Light Per Day Per Each 630.06 Type III Barricade without Light Per Day Per Each 630.07 Size A Sign with Stand Per Day Per Each 630.08 Size B Sign with Stand Per Day Per Each 630.09 Size A Specialty Sign - Cost of Manufacturing Each 630.10 Size B Specialty Sign - Cost of Manufacturing Each 630.11 Cone with Reflective Strip Per Day Per Each 630.12 Safety Fence Per Day Per Roll 630.13 Light - Steady Burn Per Day Per Each 630.14 Light - Flashing Per Day Per Each 630.15 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 630.16 Traffic Control Supervisor Per Day 630.17 Traffic Control Supervisor Per Hour 630.18 Flagging Per Each Per Hour Project Specifications — Page 22 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) The accepted quantities for Latimer County will be paid for at the contract unit price for each of the pay items listed below: PAY ITEM UNIT 630.19 Construction Zone Traffic Control — Highland Hills Lump Sum 630.20 Construction Zone Traffic Control — Saddleback Lump Sum Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work, including secondary sweeping operations, as described in the specifications. Project Specifications — Page 23 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications — Page 24 of 24 SECTION 02500 QUANTITY ESTIMATE SQUARE STREET FROM TO YARDS Baylor St. Tulane Dr. Stanford Rd. 3631 Brown Ave. Stanford Road Stover St. 3019 Columbia Rd CDS Columbia Rd S End 700 Cornell Ave. Stanford Rd. Stover St. 4518 Dartmouth Cir. N End Dartmouth Trl. 805 Dartmouth Trl. Mathews St. Stover St. 7666 Duke Ln. Columbia Rd. Stover St. 4644 Harvard St. S. College Ave. E. Drake Rd. 5953 Loyola Ave. Rutgers Ave. Columbia Rd. 2149 Mathews St. Dartmouth Trl. E. Drake Rd. 11899 Princeton Rd. S. College Ave. Stover St. 10872 Purdue Cir. W. End Purdue Rd. 682 Purdue Rd. Dartmouth Trl. Tulane Dr. 6376 Rutgers Ave. S. College Ave. Mathews St. 3517 Stanford Rd. Dartmouth Trl. E. Drake Rd. 10640 SE College Frontage Rd. North of Rutgers Ave. Princeton Rd. 5632 Tulane Dr. Stover St. E. Drake Rd. 10091 Vassar Ave. Rutgers Ave. Columbia Rd. 2462 Villanova Ct. N End Duke Ln. 2443 Yale Ave. Frontage Rd. Harvard St. 5961 Yale Wy. Yale Ave. Purdue Rd. 3348 107008 Benthaven Ct. Benthaven St. S End 428 Benthaven St. Moss Creek Dr. Marble Dr. 5251 Marble Dr. Moss Creek Dr. Benthaven St. 3419 9098 Fox Run Ct. W End E End 2039 Kit PI. N End McKeag Dr. 887 McKeag Ct. E End Moore Ln. 1038 McKeag Dr. Moore Ln. Durmir Ct. 3090 Moore Ln. W. Drake Rd. S. End 5424 Tucker Ct. Moore Ln. W End 1771 Twin Fox Dr. E End Moore Ln. 1325 15575 Page I of 3 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO SQUARE YARDS Featherstar Wy. W. Drake Rd. Marshwood Dr. 2762 Hampshire Rd. W. Drake Rd. Water Blossom Ln. 627 Marshwood Dr. Willow Fern Wy. W End 2728 Moss Rose Ln. Willow Fern Wy. Featherstar Wy. 2021 Water Blossom Ln. E End Featherstar Wy. 3804 Willow Fern Wy. Water Bolssom Ln. Marshwood Dr. 2040 13981 Elm Ct. S End Elm St. 1007 Elm St. Wood St. N. Shields St. 4932 Griffin Pl. Elm St. W. Vine Dr. 1825 Hawkins St. Cherry St. Sycamore St. 1226 Park St. (1) Elm St. W. Vine Dr. 1816 Park St. (2) Sycamore St N End 747 Sycamore St. Wood St. N. Shields St. 4212 West St. Sycamore St N End 1034 KILNS Constitution Ave. W. Elizabeth St. W. Prospect Rd. 11968 Fairview Dr. Lynnwood Dr. S. Bryan Ave. 6629 Lakeridge Ct. W End Constitution Ave. 2561 Leesdale Ct. Constitution Ave. W End 1850 Lynnwood Dr. Fairview Dr. W. Prospect Rd. 7570 S. Bryan Ave. W. Elizabeth St. W. Prospect Rd. 11849 Southridge Dr. S. Bryan Ave. Fairview Dr. 5299 Springfield Dr. City Park Ave. Constitution Ave. 6080 W. Lake St. S Bryan Ave. E End 4542 58348 Waterford Ln. Lochwood Dr. 169' South on Carlton Ave. 6091 MO MI Senior Center 8533 Page 2 of 3 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO SQUARE YARDS Highland Hills Drive SH 392 LCR 3 10425 Highland Hills Circle N. Highland Hills Drive S. Highland Hills Drive 12588 Scenic Ridge Court Highland Hills Circle S. End 1664 Park Hill Court Highland Hills Circle S. End 1182 Park Hill Drive N. Highland Hills Circle S. Highland Hills Circle 3889 Scenic Ridge Drive N. Highland Hills Circle S. Highland Hills Circle 2333 Sunset Peak Court Highland Hills Circle S. End 762 Castle Peak Court Highland Hills Circle W. End 1198 Highland Hills Court Highland Hills Drive E. End 856 Ridgeway Drive Highland Hills Circle Highland Hills Drive 5662 Sierra Court Ridgeway Drive W. End 1027 Sierra Drive Ridgeway Drive Highland Hills Drive 2769 Park Ridge Circle N. Highland Hills Drive S. Highland Hills Drive 8095 Park Ridge Court Park Ridge Circle N. End 918 Northridge Court Stonecrest west cul-de-sac Stonecrest east cul-de-sac Stonecrest Drive Stonecrest Drive Stonecrest Drive Stonecrest Drive Taft Hill Road W. End N. End N. End Solar Ridge Entrance 53368 2756 440 620 4889 1FLIT-1 Page 3 of 3 SECTION 03500 PROJECT MAPS Vicinity Map Saddleback, Sycamore & Elm, Fairview Fox Creek, Senior Center Parking Lot, Hampshire Pond, Four Seasons Senior Center Parking Lot Detail South College Heights, Collindale Highland Hills SECTION 00300 BID FORM PROJECT: 5967 Asphalt Slurry Seal Project Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 �"a I I I I I --�-1111 _7 III 1111ii^i ii iiiirul■ IILI'`'InULIU-H !IV111, -------uuu:�IM: c==����ailiiuu�.■1 uur �'��uu�__uauu�ueuuu: uu_ce: u!�:��Is117■III: i:�_ � �'lllllll"11117■1111' ■ ��I�tuu= m 2006 Slurry Seal Project Saddleback, Sycamore * Elm, Fairview IARIMERNiY CM w n Nort " ' a' e � C O � r r c Ackerman Ct. tteml .,: al TIM - 5hnntm z 'o Cr p o Trevor S"' � SteA n Ln Lancer Dr. c A � I �����14 �� � 0 3 � P d o r +� omona 2 la W. Vme Dr. m` ._.........._� W. Vme,D° � St. + i � z H 5t. o PI 3 a StFi� Elm S t E o n _ � m = z Sycamore 5t P °d a r . ... herry 5t:.._.. ............,,_ iF d o Cnerry 5t. 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Lake St 3 V teen c` Y Dr N a j U T e5 NW Y � n 1 r C 21 WP ect Rd . � 2000 51urry 5eal Project OUNn Fox Creek, 5emor Center Lot, Hampshire Pond, Four Seasons ct. R° �` b aks PI. i ''o s m n ugh Dr. u ` u VNpOd m ° lad r W. Stuart St Ct. o o qke e a c Sandal ,nheld �f H�\ dowmere W ormere Ct Sde ona Ct. Ct n�rry r ro v Dr. Dr. C e Ch en swold Ct. = n eace t c ' etwoo L dV ma Ct. y d vo C� Rolland Moore Dc rt C!' v Essex Bel an Clydesd�° - o 4tr. g h oceh�n ton San E Scarborough Cr. Su o s 4a r o Valle For a Ave. rmant Ct. n Pa ^ ry E V s o m 3 r i p f! Q 3 v Concord NUN Dr. Sq. 4 0� o ?v�a D o U W. Drake Rd. t n Ct. T < IT Wa kli n= v, Rose Ln. 3 x L Hasten s Dr. p LL Dr. a ag Marshwood `o ^ On r. °o tl Hull 5t. Ct. m o` m U A ^ °nwheel Do - u a SC G rlckerG ° U m z Rock 3 MountainIU j o R u H J E V o Hylime N ° J-/G U $ U R V / F in ' U1 q Pue� � t on t' c i --,_.. Falcon D D aOm U oCt F ntmr 1 o 0 3 . to qnm Dr. � - 57 _ 8 ham 5t. U m ` <j u Nez Perce eta U B 3 Ott .. u Ln. r` N Ct. 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P a c P a t- ° O Ct. y 3\jn P old u W, L.\ 2006 Slurry Seal Project COUNTYNY CW C,w_ South College Heights, Collindale �� 2000 Slurry Seal Project COUNTY Highland HiII5 - Larimer County SSW 0 OQ of CRE� VARDON WAY E COUNTY ROAD 32 w 3 O 0 w � = S U _ S S yGCgss sO� a� R Ror o hL,`T O2- z O C� C� GNP �P� c Gy F K O Ci 0 0 � U U �O v � by O 0 a o 0 0 N Q N 00330 8. BID SCHEDULE (Base Bid) City of Fort Collins/Larimer County Bid 5967 Asphalt Slurry Seal Project 2006 ITEM NO DESCRIPTION UNIT CONTRACT QUANTITY ESTIMATED COST UNIT PRICE TOTAL COST CITY OF FORT COLLINS 105.10 Sweeping - All Streets Each 2 $ $ 105.20 Sweeping - All Parking Lots Each 2 $ $ 409.01 Type II Asphalt Slurry Seal - All Street Locations SY 230000 $ $ 409.02 Type 11 Asphalt Slurry Seal - Parking Lots SY 8533 $ $ 630.01 "No Parking' Sign With Stand Per Day Per Eact 2500 $ $ 630.02 Vertical Panel Without Light Per Day Per Eact 20 $ $ 630.03 Channelizing Barrels Per Day Per Eacl 20 $ $ 630.04 Type I Barricade Without Light Per Day Per Eacl 20 $ $ 630.05 Type 11 Barricade Without Light Per Day Per Eacl 20 $ $ 630.06 Type III Barricade Without Light Per Day Per Eacl 200 $ $ 630.07 Size A Sign With Stand Per Day Per Each 250 $ $ 630.08 Size B Sign With Stand Per Day Per Eac 250 $ $ 630.09 Size A Specialty Sign - Cost of Manufacturing Each 2 $ $ 630.10 Size B Specialty Sign - Cost of Manufacturing Each 2 $ $ 630.11 Corte With Reflective Strip Per Day Per Each 2500 $ $ 630.12 Safety Fence Per Day Per Roll 20 $ $ 630.13 Light - Steady Bum Per Day Per Each 20 $ $ 630.14 Light- Flashing Per Day Per Each 20 $ $ 630.15 Advance Warning Flashing - or Sequencing Arrow Panel Per Day Per Each 5 $ $ 030.16 Traffic Control Supervisor Per Day 20 $ $ 630.17 Traffic Control Supervisor Per Hour 20 $ $ 630.18 1 Flagging Per Hour 150 $ $ CITY OF FORT COLLINS TOTAL COST (A) S LARIMER COUNTY 105.30 Sweeping - Highland Hills Area Each 2 $ $ 105.40 Sweeping - Saddleback Area Each 2 $ $ 409.01 Type II Asphalt Slurry Seal SY 65176 $ $ 630.19 Construction Zone Traffic Control - Highland Hills Area Lump Sum 1 $ $ 630.20 Construction Zone Traffic Control - Saddleback Area Lump Sum 1 $ $ LARIMER COUNTY TOTAL COST (B) S TOTAL PROJECT COST (A+B) $ Signed Company Check One: Individual Doing Business in Company Name Corporation Partnership Dollars and Cents. Address Phone/Fax Page I of I 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Date 7/96 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -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 SPECIFICATIONS SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5967 Asphalt Slurry Seal Project. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) SURETY By: Title: (SEAL) 7/96 Section 00410 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? "M 19 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? Do you anticipate subcontracting Work under Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 What this 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 . Notary Public My commission expires 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 5967 Asphalt Slurry Seal Project 2006 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Asphalt Slurry Seal Project 2006; the contract calls for approximately 300,000 square yards of Asphalt Slurry Seal in neighborhood streets. The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20_ and shall be effective on the date this AGREEMENT is signed by the City. The Citv of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 5967 Asphalt Slurry Seal Project 2006 and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within twenty five (25) 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 fifty five (55)calendar days 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 1) Substantial Completion: One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the twenty five (25) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the thirty(30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application 9/12/01 Section 00520 Page 2 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the 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 9/12/01 Section 00520 Page 3 conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9/12/01 Section 00520 Page 4 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney CONTRACTOR: By: Title: Date• (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: Bid 5967 Asphalt Slurry Seal Project 2006 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and , 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to day of 20 CONTRACTOR: By: Title: Proceed is hereby acknowledged this 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,Bid 5967 Asphalt Slurry Seal Project 2006. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: By: (Address) (Surety Seal) NOTE: Date of Bond 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. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bid 5967 Asphalt Slurry Seal Project 2006. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00020 INVITATION TO BID Date: March 15, 2006 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on April 18, 2006, for the Asphalt Slurry Seal Project 2006; BID NO. 5967. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 60524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. This is a joint bid by the City of Fort Collins and Larimer County with the City of Fort Collins requiring substantial completions within twenty five (25) calendar days after the date when the Contract Times commence to run and Larimer County requiring substantial completion within eleven (11) calendar days after the date when the Contract Times commence to run. The Contract Documents provide for the construction of bid 5967 Asphalt Slurry Seal Project 2006. The contract calls for approximately 300,000 square yards of Asphalt Slurry Seal in neighborhood streets. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available March 15, 2006. The Contract Documents and Specifications may be examined online at: City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. 07/2001 Section 00020 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:Bid 5967 Asphalt Slurry Seal Project 2006 PROJECT OR SPECIFIED PART SHALL LOCATION: _ INCLUDE: OWNER: CONTRACTOR: Fort Collins, Colorado Citv of Fort Collins 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 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, Bid 5967 Asphalt Slurry Seal Project 2006. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:Bid 5967 Asphalt Slurry Seal Project 2006 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 By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by witness my hand and official seal. My Commission Expires: Notary Public day of 20 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 5967 Asphalt Slurry Seal Project 2006 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12196) COLORADO DEPARTMENT OF REVENUE DENVE Co 81 (303)232-2416 CONTRACTOR APPLICATION 2-2<i6 FOR EXEMPTION CERTIFICATE Pursuant to Statute Sedon39 26.114(1xa)QW DO NOT WRITE IN THIS SPACF The exemption certificate for which you area piplying 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 of your exemption certificate and other penalties provided by law. A separate certificate is required for eac h cc raract. Subcontractors will not be issued Certiticales 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. tratp cco ri o. o be asvg ed by erlod 0170-750 (999) $0.00 89 ` `e x ro t o "ram. t-Na "' "a d' �t y ' Aila '� :a .. s a .,,»''� ails �1 } . 4;ryjq, ra name nor, pa ner, w o7rpota a name Mailing address aZip). on ac arson E-Mail address a era mpoyers Identification Number: amount oryour contract ex um er Business telepMne rumber, Womdo viftolding tax swoon num ac Name o exemp orgentza on ass own on contract) amp organtza n a num , 98 - Address Of exempt organtza-on tUAY. ale, ip -. rinap con c a exemp Trg-m-Eat't-on Rhapat contacts telepnumber. hysical locallon of projects) (give actual address Mon applicable Ana utips andlor County (tes) where project is located) SGxdWed Morvth Day Y..r Estimated MorAh Day yea, oonstmdion start data eompletion date: t dedere under penalty of perjury in the second degree Nat the statements made in this application are true and complete to the best of my knowledge. Signatufe of owner, partner or corporate officer. n Ua of corpora to o cer Date UO NOT WHllt BELOW THI5 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 exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copes of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 881# has been assigned to you, pease 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 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been develTed by using the STkNDAPD GENERAL CONDITIONS OF TILE CONSTRUCTION, CONTRACT prepared by the Engineers Joint CoarAct Documents Committee, WC70C No. 1910-8 (J" lidition), as a base. Changes to that document are shown by underlining w.\t that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 FDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins C70, r By a es B. O'Neill, II, CPPO, P rchasing/Risk Management Director 07/2001 Section 00020 Page 2 TABLE OF CONTENTS OF G :WRAL COMMONS Article or Paragraph }'age Article or Paragraph Number & Title Number Number & Title DEFT MIONS.... .......... . Lt Addenda.. ....... __...... ....___.,.__ 1 12 Agreemenk., ...... ......................._..,._ 1 13 Application for Payment..—__ 1.4 Asbestos 1 1.5 Bid....,.... ._......._.. ..... ...,..1, 1.6 Bidding Documents, 1 L7 Bidding Requirements,_,._... 18 Bonds--- ....... -'— ........ 1.9 Change Order, ... .. .... __ 1 I.1C1 Contract Documents, _ 1 1.11 Contract Price ..... _......... 1,12 contrattfiimes..__._ _.___....,...._.l 1,13 CUNTRACfOR _.._....._..__....._. --_I 114 Ckfective.............................................1 1.15 Drawings. 1,16 Effective Date of the Agrcement 1.17 ENGINEER.... ................ . 113 ENGMER'sConsultanl_.-__..........___1 1_19 Field Order ........... ......... .._ ......1 120 General Requirements....... .............. 1.2t Ilazardous Waste 2 122.a Laws and Regulations; Laws of Regulations,. 1-22.b . .... ........ Legal Holidays ..... ..._ ......... . .. L23 Liens,.-..., , .. _.. 1 11 ._. 1 — 124 Milestone_ .. .......... _ _ ......... _..... 1,25 Notice of Award 2 126 Notice to proceed.,.,...... L27 OWNER 123 Partial IMization_.... _ _ 2 B24 PCBs,_.... ........._........_ ....1- 1.30 Petroleum. ___ . __.. __ 2 I'll Project,,. 132.a Radioactive Mafcrial......... _...........2 1.32.b Regular Working Hours...._..__-, 113 Resident Project Representative....., , 134 Samples,, __..._.....,. _....._.__ ., .? 135 Shop Drawings 1.:36 137 Sulvontractor..................................... 133 Substantial Completion .._. 2 1.39 SupplementarvC'onditicwut....___ 1.40 Supplier., „< 141 Underground Fac)hties 3 1 42 Unit Price Work....... ................3 1.43 'A'ork..........................._.-......_...........1 1,44 Work Change Directive .. _..._ _..3 1A5 Written Amendment 3 Page Number PRELU't3CNARY MATTERS ...... ..... ...... ._ _.3 2l Delivery of Bonds-, ... ... ....___:3 22 Copies ofDo4"Uments'_...................;3 23 Commencement of Contract Times; Notice to Proceed, .... _..3 2 4 Starting the Works _,-... ......... 3 2.5-2.7 Before Starting Construction: CONFIRACTOR's Responsibility to Rcptat, Preliminary ScItWiles, Delivery of Certificates of Insurance..._ _.._._ :_._.34 2.8 PreconstructionConference _._....,._4 29 Initially Acceptable Schedules,, ..... 4 CONTRACT DOCUN ENTS: INTFTNT, r"4ENDING, REUSE 31-32 Intent. .... 4 33 Reference ro Standards and Speci- fications of Technical Societies, Repotting and Resolving Dis- crepancies ................._.. _.,....,...4-5 3-4 Intent of Certain Terms or Adjectives.... ..... ­1; 33 Amending Contrac€1)ocwtutis.,,,.....3 3.6 supplementing Contract Documents-.., ......., _,.., 5 3.7 Rouse ofDocuments ....__.-._......_-,�. AVAILABILITY OF I,ANIK SUBSURFACE AIND PHYSICAL CONI1IONS, Rn,'VRE1QCJs POfNT.s, ,,..,. 5 4.1 Availability of Lands_ _ .......5.6 4,12 Subsurface and Physical Conditions 6 4 DrawingsReports and Drawin....... . .....t 4. 2- 2 Limited Reliance by OONTRAC TOR Authorized; Technical Data._..._.... _. 4.2 3 Notice of Differing Subsurface or Physical Conditions,,.. ......_.6 4.2.4 ENOMMERs Review .......................f 42 g Possible(`ontrnct Documents Change.. _ _ _.. _.... _ . f~ 4.2.Ci Possibly Price and Times Adjustments 6-7 4_3 Physical Condittans--Unduground Facihtics.......................................7 43.1 Shown or indicated .... _.,.. _7 43.2 Net Shown or Indicated.... . _.... __.7 4A Reference Points 7 E:k:7X.' CitiA'a�R.Ak. CQNt)I l ltl'.:S IAta 4 [I9991it�ITtOYi wr C3TY t71° EQRT C'Cft.tJN5 Mt7PIFtf-'A'71c�Dfi`i {kmV 9:?9} Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbes(cis, PCBs, Petroleum, Hazardous Waste or Radioactive MoteriAl _7.8 5, BONDS AND INSI 7RANCh 8 5,1-5.2 Performance. Payment and Other Bonds 8 5.3 Licensed Sureties and Insurers; Certificates of lrouronce, 5A CONTRAC-f 01Z!s l,tability Insurance- ........................................9 5,5 OWNER's I.iabtl ity Insurance., 9 5,6 Property Insurance,.. . . .. ' -11 .9-10 5.7 Boiler and Machinery or Addi- tional Property lmuranoe, . _. jGt 5.8 Notice of Cancellation Provision 10 5,9 CONTRACTORs Responsibility for Deductihie Amounts 'J() 5'10 Other Special Insurance,,,, 5Al Waiver of Rights . ...... .... ... ..... 5. 12-5,13 Receipt and Applicatiort of Insurance Proceeds _1 0- 11 3.14 Acceptance or Fk)mt; and Inaw. nnce; Option to Replace . ........ 5.15 Partial Utilization —Property Insuiance'", 6, CONIRM-YOR'S 6- 1 -45, 2 Supervision and Supprinteadencq....... 11 63-65 Labor, Materials and likpipment.. 11-12 6,6 ProgressSclacilule 6.7 Substitutes and "Or -Equal" Items. CON" TRACT 1, xlvnv,, Substitute Construction MC1110kk or PrOCeOL11 e5l f-',NGINHI-'.R'.s Evaluation. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others, Waiver of Rights, _ _ _, 13-14 6,12 Patent Fees andRovaltics 14 613 Maim, 14 6,14 Laws and Regulations__ 6,15 Taxes 6U Lsc of lh-elnlses 15 617 Site Cleanliness, 15 6.18 Safe Structural Loadirip ... .... ......... Is 6,19 Record EK)cunients, 15 620 Safety and Noteetilln 15-16 6,21 Safety Representative 612 Ha7ardConimunication P'Togramn, 16 6.1-3 1: lluergenmes 16 0,24 Shot) Drawings and Samples ....... 16 It 6,25 Submittal Procoedures, CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal to 6,26 Shop Drawing & Sample Submit- tals Review by ENG INLER, , .... 16-17 627 Responsibility for Variations From Contract Docum em4 17 6 IM Related Work Performed Prior toENGINEUR's Review and Approval of Required Submittals................ _ —_ ...... 17 6.29 Continuing the Work "' ' " '- 17 6.30 CONTRACTOks General Warranty and Guarantee, __17 631.6 33 Indemnification .17-18 6,34 Survival of Obligations ........ .......... 18 7, OTHrR WORK,...,_._,....,_...... j8 7.1-7,3 Related Work at Site, 18 74 ('00rdinatiorl 18 8 OWNFRS RFSPONSIBILITIES, . ........... ........... 18 81 Communications to ('ON - TRACTOR.., 8.2 Replacement of ENGINEER........ _18 831 Furnish Data andPay Promptly When Due..._ 8.4 Lands and Easements; Reports and,rests, 8.5 Insurance .19 8.6 Change Orders....._ ... ... . 19 8,7 Inspections, Tests and Approvals............ ..... _ ..... ....19 8,8 Stop or Suspend Work, Terminate CONTRAcrows Services 8.9 Limitatiocis on OWNER'S Responsibilities,,__,_„_.,19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive *Maicrial 19 8.11 Evidence of Financid Arrangements........_.... ..... .. .. 1.9 9 ENGINEER'S STATUS DURING CON, STRUCTI ON 91 OWNl,M%Rcprcsentative, 19 visilstosite— 19 9.3 Project Representative . . ....... 19-21 9.4 Clarifications and Interpre- tations.._....... ................... 21 9,5 Authorized Variations in Wkrk 21 E)(1)(7 0ENKRAL CONIM 11ONS 1910=8 tlW(i W(TTY OF FORT COLUNMIX1001FICATIONS (REV 9,1991 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9_6 Rejecting Defective Work ... ._..... .,_,.l 13.8-13.9 Uncovering Work atENO I- 9.7-9.9 Shop Drawings, Change Orders MUR's Request ....................27-28 and Payments....................................21 13,1(1 OWNER Ivlay Stop the Work......... 28 9.10 17eterminaams for (,nit Prtceg,._-21-22 13,11 Correction or Removal of 9,11-9,12 Decisions on Disputes; ENO I. Defzctive Work ........ ........... ........28 NEERas Initial lttterpreter.... e._.... ...22 13.12 Correction Period, . ............... 9.13 Limitations onENGINEE2s 13,13 Acceptance oUkfectiveWork_ _.... 28 Authority and R xnnsbilities 22.23 13,14 OiXfiF>"R May Correct Defective Work__. _____ .. 28.29 CtLANGES IN TIDE WORK , _... _...._...._<a 40 l OWNFR'S Ordered Change...._..-.-.... f3 14- PAYMENTS "r<CONTRACTOR AND 1f1.2 Claim for Adjustment, ....... .__....... .. _23 COMPLETION.... _...._.........._..._.._..._.._219 10.3 Wtork Not RNuired by Contract 14.1 Schedule of Values, ... .... ........ _...... 29 Documents,....... . , . ........23 14.2 Application for Progress 10A Change Orders, ,., . _ .........23 Payment...,,.... ........_._ ... ...29 103 Notification of Surety, 43 14.3 CON'fRACTC)R's Warranty of Title 29 CKANCW OF C()xiTRA(,T P121Ch...... ... '3 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payment,.,,..-..__ ... -1 30 Adjustment; Value of 14.8-14 9 Substantial Completitxt.....,,. ,. ,, 30 the Wkwk .. ..............._ _. _ 23 _4 14.10 Partial C(tilization... _ ........... 3o-31 11.4 Cost of the Work ..........................n424 1*11 Final Inspection .... .............. .....,.....dl 11.5 Exclusions [) Cost of the Work.,........,25 14.) 2 Final Application for Payment... ..... 31 11.6 CONIT'RACT-OR's Fee . .. .......... ''S 14.13-14 14 Hnnl Paymentand Acceptance,..31 11.7 Cast Records, .....,,_. . -..- 25.26 14.15 Waiver of Claims„ 31-32 it's Cash Allowances, ...... ....... , ..16 11.9 Unit Price Work ....... ............. 26 15. SUSPENSION 017 WOW AND TERMINATlt)N ........_......................... ...........:32 (,RANGE OF CONTRACT TIMES ........................ _..26 15,1 OWNER May Suspend Work.,-.. _ _ 32 121 Claim for Adjustment . ..... _. 26 15.2.13A OWNER May Terminate 3' 12.2 Time of the Essence ._,.._,.. 26 15.5 CONTRACTOR May Stop 113 Delays Beyond COidTRACTOR's Work or Terminate,.,,_......_„ 32-33 Control.,_. ....... _,. -- 26--27 12.4 Delays Beyond OWNF"sR'sand 16, DISP17FRESOLU7TON.-,....._....... ....__..._,--_33 CON''TRACCOR's Control ................ 127 17, MISCV11ANEOUS � . 33 TESTS `Q\V l iSPECTIONS; CORRECTION. 17.1 Giving Notice_ ... _........ 33 RLMOVAl,ORACCEPTANCE OF 17.2 Computation _..._ DEFE'TMP WORK ........ .... .._„_..._27 17.1 Notice ofClaim ,__.,..._ 33 13.1 Notice of Defect's-.... 17A Cumulative Remedies.,................._.33 13,2 Access to the Work.._-.... 27 11.; Professional Fees and Court 1.33 Pests and lnspections: Costs Included 11 1 1 ____. 33 CONTRACTOR'sCooperation_ -27 17.6 Applicable State Laws,.__ .__33-34 13A Ol1-Tc;ER'sResponsibilities, intentionally Cell blank ....._ ....._.._.__.... _ 35 Independent Testing Lalx}ralory ._.. 27 13.5 CQ TRACTOR's EXHIPIT GC -A: (Optwnal) Responsibilities. - 27 DispuwResolution Agreament, _.._ 6C-AI 1.3.6-13 7 Covering Work, Prior to lnspec- 161-1f>_6 Arbitration. tion- Testing or Approval, __-.,.,..,-:27 16.7 Mediation_...,_ I;l4 ]X.' UE NhKAL CONIAIONS 1910.8 0990 EDITION? W CITY Or FORT COLLINS MOMFICATION1 MV 9,'99j INDEX TO OT-WERAT. CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract art not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance..._ ................ ...... ........... 5,14 6kjective Work !0A 1, 13,5, 1113 final payment ...... ­ .... ... .. 9, 11 ' 14.15 insurance . . ............. ..... 5, 14 other Work, by CONTRACTOR 73 Substitutes and 'Or -Equal' Items..._ . ....... . fi 7.1 Work by OWNTER ..............................2.5, Z-5, 6,34), 6,34 Access To the -- Lands, OWNER and CONTRACTOR responsibilities ...... .......... . ....... ....... site, related Work.__._,_ ........ ..... .. .___...7.2 Work. ......... ................. ...... ...... 11113,14, 14,9 Acts or Omissions-, Acts and Omissions - CONTRACTOR 9A, 91133 ENGINEER 6.20, 9,13.3 OANTER 6.20, 8,9 Addenda --definition of (also see definition of Specifications) ... (1 6, 1 lo, 6.19), 1.1 Additional Property trisurancel ... .... .... ­ ............. 5,7 Adjustments - Contract Price or Contract Times.._ . .. .. .... .-II ... 1.5. 15, 41, 43.2. 4.5.2, ..... 4-5 3, 9A, 9,5, 102-1 OA, - - " 1 111, 11, 14,8, 15 1 progress schedule ....... ..... .. ..... ........ - . ........ Agreement - definition of ........ ........ ............ 1.2 "All -Risk" lnsurrmce, policy form 5.6-1 Allowances, Cash .. . ...... ....... . .. HS Amending Contract Documents-, ..... - . ....... ­ ... ..... 3.5 Amendment, Written-- ingeneral,_. J, 10, 1,45, 3,5, 5 10, 3, 1 Z 6,6,2 ...... 4�3-2, 6,19, 10, L 10A, 1 L2 12 1, 13,112, 14.72 Appeal, OANMR or CONTRACTOR intent to, ..... ... .... , 9. 10, 9,11, 1 h. 4, 1 o. 2, 16.5 Application for Payment - definition of- ......... 1-1.1- ...... 3 ENGINTIR's Responsibility . -I 9 final payment ........ ... 9,13 4j 9.133, 14 12-14 13 in general._. ...... 2.B. 2.9, 5,64, 9. 10, 15,5 prvgicss pup"ent, 14.1-14.7 review of 14.4-14,7 Arbitration....................................................16.1.106 Asbc3tos-- clainispursuant thereto...- 45,2. 4 53 CO\'TfkikCTORauLhorizedtosit)p%kfork ..4.5,2 definition of, . , - ... ... . .... L4 Article or Paragraph Number OWMN reiponsibility for ...... . ..... ...... . ... 45 1,8,10 possible price and times change„ ....... Authorized Variations in Work._,, - -3,6. 6,15, 6.27, 9.5 Availability of Lands- . , , , , , , , , , , ­ ­ .4 1, 8.4 Award, Notice of -defined,- .... ........ Before Starting ((visit uction .. Bid --definition of., ­­ ­ ­ ... .., 1.5 (1, 1, V - . 1 1 -4-26A, 6.13, 11,43, IL9,I) Bidding Documents-d6niticat of Bidding Requirements --definition of ................ ............ * ........ 1, 7 (1 1, 4,2,6,2) Bonds - acceptance of 5,14 additional torids 10. 5. 11 A.5.9 Cost of the Work il,5.4 definition of delivery of, ..... ­ ...... ....... ­ ... 11, 5A final Application for payment..__.. NA2-14,14 general ...... .................. ­ 101, 14.7.6 Perfortmince, Payment and Other, ... ... -- ...... 5 1-5.2 Bonds and lnsurana--in general...... ­ . ....... ........5 Builder's risk "all-risk' policy form,-, ­ ..... . ...... 5.6,2 Cancellation Vrovision& insurance...__.. 4,111, 5.9, 5.15 Cash Allowanccs............. )1-8 Certificate of Substantial Completion, LA 6.30-2.3. 14 10 Certificates of Inspectiop . ............. 13.5, 14,122 Certificates of finsurarice . . ...... 17, 5,3, 5411, 5AA3, 3.6-5, 5,14, 5,14, 9 1,3.4, 14,12 Change in Contract Price.. Cash Allowances.._.. . .. ... . ..... .. 1,8 Claim for Price adjustment..._.. 4.1. 4,16, 4,5, 5, 15, 6X2,9.4 9,11, 102, 105, 11 2, 13,9, 13,14, 143, 15f, 19,5 (10\7RACTORs fee- 11.6) Cost of the Work general, 11.4-11.7 Excicmions to, . .. . ...... . 11.3 Cost Records jl.7 tagerwfat­­­ t 19, 1 A4, 911, 1()A,2, 10.4 3,11 LumpSum Pricng .... ............................ 113,2 Notification of Surety 103 Scope of,, J0.3-10.4 f esting and Inspedion. i"neovering the Work 119 LKIVUENLRAL L'O�AATIONS 1910-8 (19901AXII(N) wi 07N Or FORT COLUMS MODIMATIONS (PXNI IYW� Pnit Nice Work- 119 Article or Paragraph Number Value of Work....". __ ...... 13 Change in Contract'rimcs- Claim for times adjustmeru_ .... .j 1, 41-6, 4,5, 5,15, 6.8.2, 9-4, 9.5, 9.1 I, 10.2. 103, 12,1, ' 119, 13,13, 13,14, 143, 15,1, 15.5 Contractual time Delays beyond CONTRACTOWs control-, 12.3 IX -lays beyond 0%,NFR's and CONTRACTOWs control 12A Notification orsurety ....... 10,5 Scope of change Change Orders - Acceptance ol'DefecLive Work, 13 13 Amending Contract Documents.....,....,,..... .......... 3.5 Cash Allowances,,,_........ 3 Change of Contract Nice Change of Contract Times .......... .. .... ........12 Changes in the Work_ .. .... I() CONTRAC,roR's fee Liv Cosa of the Work 11,4,11,7 Cost Records 117 definition of 1.9 emergencies,. . ........... ....... _6-13 ENGINELR'sresponsibility- , 9g. 144, 11,2' 12, 1 execution Of. .. ... , " � . ...... ......... ........... .... JOA ludcm nifien orl, _ _ � ... ..... _ _ _ 6 1 Z 6,16, 6 31.633 Insurance, Bonds and 5, 1 o, 5. 13, 10, -s OWNE,R may terminate . .... .. ... .. _- , _13,2-15.4 oNkWERs Respon sibilitv ..... . ...... 8.6. 10.4 Physical Conditions - Subsurface and",,."....-.,........_ ......................A-2 Underground racilitios...... .... .4-3-2 Record Documents, 6,19 Scope of Change, j0.3-10A Substitutes 0.3, 6.8.2 1 �na Price Work value of Work, c:oyei ed by ................................11.3 Changes in the Work .... ... 10 Notification of surety, W's OWNEks and (-',O\TRAcr6k's iespormibitities, ........ 10A Right Ill tin adjustment ScON OfehM'90 .. ..... .... ...... ... .....103.10.4 Claims - against CONTRAM'OR against ENGINTfiR ... ... 6, 32 agamst0W\I-'.R.1 , "I , (' 3, Change of Contnict Price, - Change ofCcritract Titnes ... CONTRACTOR's 4, 7 1 9A, 9,5, 911, 10,1, ....... . 11 21 119, 12. 1, 13, - i ' 148, As , 1, 15— IT3 CO\MACTOR's Fee. 1 1 1-. 11 1 11 1 t 16 Article or Paragraph Number CON7TRACTOWs liability ....... __5,4, 6, IZ &K 6,31 Cost of the Work J 14, 11.5 Decisions on Disputes ........ ... ....... ____q 11, 9.12 Dispute Resolution ....... 16.1 Dispute Resolution Agreement . . ........... I & 1- 16.6 ENGINEER as initial interpretor., ... .... 9,11 Lump Sum Pricing IL 33.2 Notice of 17-3 OWNER'S,,,,,, ...... 9 4, 9,5, 9 11, 10 11,2, 119 ..... . P-11 13.9, 1113, 13.14, 17.3 OWNT-R's liability., _ .. ..... '5.5 ONVN-Ek may refuse to make payment_ 14.7 Professional Fees and Court Costs Included IT5 request for formal decision on„ ........ ........ ...... Substitute Items Time Extension Time requirements,, ...... .. .... _9AI, 12A Unit Price kk"ojk Value ).13 Waiver of ---on Final Payment..................1414, 14.15 Work Change Directive .............10'_ written notice required..,_,,,,,,.,.,_.QA 1, 11,2, 12.1 Clarifications and Interpretations_.-.. ,.....3.6.3, 9.4, 9,11 Clean Site, Codes of Technical Society, Organwation or Association...., ..........,3.3.3 ('ommcncementof(.',ontract'l'inies,, Communications - general ................. 6,2, 6,9,2. SA Hazard Conimunication Programs 22 Completion -- Final Application for Payment..-_. .............. _14 12 Final inspection 14.11 Final Payment and Acceptance., _14.13-14A4 Partial14.10 Subs,tantialCompletion., 1-38, 14,8-149 Waiver of Claims-- ... ............. ....... 14 15 Com pulation of Tun eq, 172.1-17.2.2 Concerning Subcontractors, Suppliers and Others., ... ...... 64 8-6111 Conferences -- initially acceptable scheduler;. -29 preconstruction, 2 8 (Altiflict, Error- Ambiguity. Discrepincy - CONTRACrOR to Report 5, 3,12 Construction, before starting by CONTRACTOR 2 5-2 7 Coristruction Machinery, Equipment, etc, , , ' 6.4 Continuing the Work,_ ......... ... ...... 29, 10A Contract Documents - Amending, .................... ... 3' Bonds 5.1 EAAVUEM!;K At, CONDMONS1910.3 I 1991) Ft)j I l()N..) WOTY Or FORT COLE, MI, MOT)ITICATIONS (REV 9,W) Cash Allowances. ,. _.. J 1 8 .Article ar Paragraph Number Change of Contract Pricq.................................... I i Change of Contract limes....... , _.__.....,.12 ............. Changes in the Work......................._........IOA-10.5 cheek and verift;..,_.._._....,.._ <............ _...,,. 2.5 Clarifications and Interpretations; ................. ...._-. 113.6, 9-4, 9-1I definition of _ 1.10 UNUINHER as initial interpreter of -„ 9 11 ENOINFER as(AVNKR's rcpresantative._„ _- ,_,. o.'I general3 Insurance.__.. ,_._._........._, _._,....._......_.<..,...5.3 Intent minor variations in the Work_ .. . OWNEWs responsibility to furnish data_ ,.,. .,, , R3 OWNn's responsibility to make prompt payment.__ . ........_ .. 11-3, 14.4, 14.13 precedence.._ . ;}-1, 3.3.3 RccordDucumenis ... ..... „,,.,,,_,.b.19 Reference to Standards and Specifications of �rechnieal 5tleictics ............................3.3 Related Work ............... 712 Reporting and Resolving Discrepancies ...... .2..5, 3.3 Reuse of, 3,7 Supplementing rerminatian of ENGItiEEMs Employment-_ ..... -82 Unit Price Work.............._................................11.9 variation5.........................__.........._,16, 623, 6.27 Visits to Situ EMANHEWs . __... ._....... 9,2 Contract Price-- adjustment of. _........ .3.5,4.1.9.A, 10.3, 11,2-11_3 Change of. _ . _ .._... 1.1111, )1 Decision an Disputes..... .........9.11 definition of,,,_,,,,,.,. J.11 Contract'rimes-- adjustment of ...3.5, 4A, 9A, 10.3. 12 Change at;.._ _... .........___._... 111-12.4 t:?ommerttememt of.._._._ dcftnptton of .. .....,...- 1,12 `)NTRAC" 'OR-_ Acceptance of Insurance 5,14 Coanmtmications _...-. _ 0.2, 69+ ContnicWork _ ti29,Itr4 coordination and scheduling . ..... .. _...ft.9 2 definition of ........ ........... ..rnitted Reliance on Technical Data Authonzed _ 422 .....15.5 May Stop MA �a Term inatc„ ._ ., provide site access to others 72, 13 2 Safety and Protection.4.3 12, 6_I6, 6_ I ?, _...._....._.......,6.21-623, 72, 132 Shop Drawing and Simple Review Prior to submittal ............. . ... .... ........ fl,5 1i1 Stop Work requirements....... 4 5 2 CONFRACTOR's -- ,article or Paragraph Number Compensation _. __. ,11.1--11.2 Continuing Obligation.....................................14.15 Defective Work,,.... ,._<.._ -.9-6, 1310-13.14 Duty to correct ckfective . Duty to Repot-- Changes in the Work caused by Emergency_ ._ .....6,23 Defects in Work ofothers ,7.3 Differing conditions... _........ _.......... _.. A.2.3 Discrepancy in Documents, 2.5, 3.3 2, 6.14.2 Undergtound Facilities not indicated .., , 4.3.2 Emergencies .. .623 l quilmtent and Machinery Rental, Cost of the Wok...........................................11.4.5.3 Fee--Cbst Plus Al 4A6, 11 .......... . S.1, 11.6 General Warranty and Guarantee ..... --.._6.30 Hazard Communication Programs ..., . _............ b.22 Indehnnification ,,,___, _'0.12,6.16.631-6,33 Inspection of the Work ...,.._._„ ...... 7.3, 13.A Lahor, Materials and Equipmcn;_-... ......... .6.3-0,5 Laws and Regulations, Compliance by_ fi6 141 Liability Insurance ' Notice ofIntent toAppeal...........................9,10, 10.4 obligation to perform and complete theWork.. ... . ..... .... .... ..... .............. .,. Patent Fees and Royalties, paid for by.................6,12 Performance and Other Bonds_ _ .. _ ,_,..._..5.1 Permits, obtained and paid for by, ._ _ ,._.. ,.. 0.13 Progress Schedute. ,. .t. 2,8, 19, 6.6. 6,29, It)4, 15.21 Request for formal decisionon disputes,,,,,,,,, ,9 11 Responsibilities -- Changes in the Wok-„_ _ _ , Iti l Concerning Subcontractors. Suppliers and Others.....-._.. _ Continuing the Work _. f 29, 104 C ONTRACTOR's expanse .......... ......6 71 ('QNTRACPOR's General Walrant4 and Guarantee _ 6.34) f:O,\A RAC'TORs review prior to Shop Dtainuhg or Sample suLvnitta(,-. _.._._ .... G.25 Coordlnaion OfVN'OTk,.___...6.9.2 hlneYCRCI2S ...... 6 23 LNCHNEER's evaluation, Substitutes i r "Or -Equal" licnis 6.73 For Acts and Omission's ofthhersI ___.,_, ri_!?.1-6.02,9.13 for deductible amo nts, insurance,, _ 5.9 general ................... ........6, 72, 73, 8.9 1{azatdcuts C<anmunicatirn I�rogram!;. _. _ 62'< 6.31-0 33 t ATC,, 01,N MAt. ( ONt)11RAS 191 e.a ti9Va UJtflON7 x70TY ;fir TORT Ct?LLI?:S 1ti FJtT(CA7iCNd5 t121;Y 9,'99i Labor. Materials and [equipment., ....63-4.5 Laws and Regulations _ - _ 11 __ 0,14 Liability Insurance ..... ,. ,5A Article or paragraph Number Notice of variation from Contract Documents..., . 6.27 Patent Fees and Roynhtes...... -...... .... ...-.1a.12 Permits .... .._ ............ ...... ..... Progress Schedule 6A Record Documents. _ .. .. ... 6,19 related Work performed prior to ENGINEER's approval of required submlttals-..,._.._.-_..........._ .,._ ........ f.28 safe structural loading ,. ..... 6,18 Safety and Protection , -_,. 6 Zit, 7.2, 13.2 Safety Representative 6 21 Scheduling the Work.................................69.2 Shop Drawings and Samples... ...-_ _ 6.24 Shop Drawings and Samples Review byENGWrX,R .........,. 6.26 Site Cleanliness_ _h-17 S ibm i[tal Procedures. . ...... .... _ ............ ....... 0.:5 Substitute Construction 4lcthodn and Procedures.. .-_ -., _.-.... 6.7.2 Substitutes and "or -Equal•' Items 6.7.1 Superintendence, ............. _.,...,.....6,2 SLpervision ......... Survival of Obligatiwts.......... .... ..........n.34 Taxes...................._......._..,......... ¢.15 Tcars and lnspections_. _ _...._._,__13-5 To Repot.., ....._ 2,5 UseofPremises,_ ....__...-....IG-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.......................................6.25 Right to adjustment for changes in the Work ,_„10.2 right to claim__ a, T I, 9A, 9,5, 9.11, 10.2,11.2, _ 111.9,12.1.13.9.14.8,15.1,15.5,IT3 Safety and Protecticun___.... _____ 21 t . 22, 7.2, 13.2 Safety Represertotive 6.2I Shop Drawings and Samples Submmtnls..... 6.24.628 Special Consultants.,. 11.4,4 Substitute Construction Methods and Procedures 0 7 Substitutes and "or -Equal" Items, Expenwe _... ...... 6.7.1, 6.72 Subcontractors, Suppliers and Others , 6.8-6.11 Supervision and Super mtendertee, ... r.l, 6.2, 6.21 Taxes.Pir mentIn _- 6-14; U.wofPremises _. ._... _6.164i18 Waranties and gumantecs ... _ _6.5, 6.30 Warranty of 1 itle__ 1 3 Written Notice Required — CONTRACTOR stop Work or term mate. „.-._.t5 5 Reports of Differing Subsurface and Physte i ('ondiriong....... .... ....... 4.2,3 Substututtal Cl$npletntXn,. _. __. ._...._.,,14.8 Oil CONTRACTORS —other ...-._ 7 ContractuallAabilityInsurance,- -_ 5.4.10 Contractual Time Limits Article or paragraph Number C'oardination-- CONTI2ACTOWs responsibility, ,_.,-. Copies of Documents ...._.. 2.2 Correction Pericsl _-11 12 Correction, Removal or acceptance ofDde ctive Work-- ingeneralWA-1, 13,10-13.14 Acceptance orDeerriveWork _ _._......__ 1.3,13 Correction or Removal of Defective Work 6.30, 13.11 Correction Period ......_.... .......... .......13.12 OWNF R May Correct Defichve Work --- -- -- 13.14 OW"vfliR %clay Stop LVoik.... ........................ ..-..13,10 Cost — of Tests and lnspections,,,.... . ... ... ._. -,.13.4 Records11.7 Cost of the Work-- Btmds and insurance, additional....................0 1-4.59 Cash DISCOants_,,,,.,... 11A.2 CON-I'RACTOWs Fee...- --_.. .... .... .... Employee Expenses ,..„_...._ ,11.6 11.4 5.1 Exclusions to General I IA-11.5 Berrie office and overhead expensies _...._.....,.. 11.5 Losses and damages,,,,,,11,4,5.4 Materials and equipment, _ _. _....... - _ 11.4.2 Minor expenses. .......... .._._.:..•.11A,5.8 Payroll costs on changes ...... _.......11,4.1 performed by Subcontractors ., .... ........... 11.4.3 Records l I.7 Rentals of conwriction equipment and machinery.........., _..... _ _. _ _ ,It 453 Royalty payments, permits and license fees......_.._ _.,...11.4.5.5 Site office and temporary facilities ...._ 11 4.5.2 Spacial consultants, CONTRaCTOR's,,, I1,4.4 Supplemental___ _.__..-__..... _ .11,4,i Taxes related to the Work...... .............1.1.4.5A Tests and linspectian-. _.. __. 13A Trade Discounts._. 11.4.2 Utribes, fuel and sanitary facilities 1 1 4.5.7 Work after regukir holes- ...... ...... 11A 1 Covering Wok _ _. _ _ _ _ 13.6-13.7 Cumulative Remedies ___.. 17.4-17.5 Cutting. fitting and patching , . . 7.2 Data,. to he furnished by C)a.NPR , ,...- , x 3 City --definition or,_... 17.21 Decisions on Disputes ........... ... ...9.11, 9,12 ttefective--definition of „--_ ........... __-1,14 cbef'ective Work-. Acceptancc of ..... ... _.... ....,.. _., Id4. 1, 13.13 EIRIVOi NERALCONIA HON3]SIa,g (19,9a ED) I tON) W* 0TY Or FORT CGLLRiS NIODIFiC'ATION5 i'RRY 9,'79) C'orrcction or Removal of, -..---.._....-_ .... 10.4-1, 13.11 Correction Period _ _. _ _ .._. _. 13 12 ingeneral,.......... ...... ............ 13. 14.7. 14,11 Article or paragraph Number Olw,rvation by ENGINH;ER............ ....... .......... 9.2 OWNER May Stop Work ............. ......... . 13.10 Prompt Notice ofDefects ........_.. . _1-.11_13-1 Rejecting ............. ... _....... _........... 9.6 Uncovering the Work,, Definitions ...._ Delays .......... ............................ 4-1, 6,29, 12.3-12.4 Delivery of Ponds.... .... ,. ..... ...... _.. _.................. 2.1 Delivery of certificates of insurnece-- _._,.-. '-7 Detirminationsfor Unit Prires,._........ _.,.,........9.10 Differing Subsurface or Physical Cenditions•- Notice of. _.. ,....,. _ ....,._ .... ..........4-13 FNCTfNFER's Review ........................ ... 4.2,4 Possible Contract Documents Change ........ ..... 4.25 Possible Price and Times Adjustments ... ......... $.26 Disercpanci es -Reporting and Resolving...._ __._ ....... _ _ _2.5, 3,32, 6.14.2 Dispute Restitution -- Agreement, ............ ...... .............. ....... 16.1-16,6 !arbitration. _..... ......,16.1-16.5 generall6 Mediation... , ,_............ ............................ 16,6 Dispute Resolution Agreement... _. _............ _ A6.1-16 6 Disputes, Decisions by ENGINEHR2 ..........9.11-9.12 Documents -- Copies of - 12 Record 6.19 Reuse of.... Drawings--detiniuonof._.-. Easements .............. .............4.1 Effective date of Agreement -- definition of,-.,.........�,16 Emergencies_. .... b.23 ENGP\T,ER-- as initial interpreter on disputes ....... ...... 9.11-9.12 definition of _. __...... 117 Limitations on authority and responsibilitic4,_,,,.9,13 Replacement of____._ ._ ._ _.........._. __ 3.2 Resident Project Representative 9.3 ENGINEER's Consultant -- definition of _-..1.18 E'N3INEER's-- authority and responsibility, limitations on . .13 Authorized Variations in the Work__ ........ 9 5 Change Orders, responsibility for 9.7, Ut 11, 12 Clarifications and lnterprctalions,.._ _.3.6.3,9.4 Decisions on Disputes,... _ _9.11-9.12 d7 fecfive Work, notice of, 13.1 Evaluation of Substitute Itema, _,__.... . _ 6.7.3 Liability ........-... ........ .._................. ,.... _6-32, 9.12 Notice Work isAceexable _._1413 Ot�arvalions 16.941,2,92 OWNER'sRepresentativc.....,._.._.. _ ....._ .. ..9.1 Payments to the CON r RACI OW Responsibility for......._. ... .... 9.9.14 Recommendation of PaymenC.. .. .. .. _. 14 4, 14.13 Article or Paragraph Number Responsibilities --Limitations on Review of Reports on Differing Subsurface and Physical Conditions_ ........... .4-2A Shop Drawings and Samples, review responsibility . _ _..._ .__.._.._. _... F5.26 Status During Ctttstr uction-- authorized variations in the Work, ............ P.5 Clarifications and Interpremtitm 1,--„ Decisions on Dispute .... ...... ..... . �.1I-9.12 Determinations on Unit Price..... _ _. ,. _ _9.10 fiNGM, ER as initial Interpreter.... .9 11-9.12 ENGiNFER's Responsibilities .......... .....9,1-9 12 Limitations on ENGINEER's Authority and Rzspmsibilitie... ........... .......... _., 9- 13 OWNTER's Representative ..,... _. _ ,........_._9.1 Project Representative.......... 9.3 Rejecting Defective Work .......... .................. 9.6 Shop Drawings, Change Orders and Payments_. -. _._...... ... ... ....... Visits to Site .9.7-9.9 Unit Price determinations _........... .......... .....9.10 Visits to Site _-_ _ 9.2 Written consent required,, ... ........... ............ 7-2, 9J Equipment, Labor; Materials and ......... ............... ¢ 3-6.5 Equipment rental, Cost of the Work, __ t L4,5.3 Equivalent Xtateriais and Equipment, ................6.7 error or omissions . _,. 0.33 EvidenceoflinancialArrangements Explorations of physical conditions ........................ Fee, CONTRACTOR's--Costs Plus,,.. ..... ....... j 1.6 Field Order -- definition oC._..-_._......___._...._._ ..... ...:.....I.19 issue! by ENGINEER _ _. 3.6.1, 9.3 Final Application for Payment, 14,12 Final Inspection,.,, .......... .. . 1411 Final Payment -- and Acceptance _ _ _ _ 14 13-14.14 Prior to, for cash allowmces 1 L8 (letters[ Provisions.._.... __..._.._.....__..,.17.3-17.4 General Requirements-- defmitionof. .........._ ..-.- _.....-_..-...._.......,.J,20 principal reference's is _ _ 2.6. 6 4, 6 6-6 7, 6.24 6 icing Notice 17.1 Ginn antee of Work -by CONTRACI OR 6,30. 14 12 Hazard Contra unjest ion Programs 6.22 Ilatardous Waste-- definnion of,,. general f)aaNEWE re91M1nslbihtl for...... $poi EICta7 UENEU.AL COND]"[IONS MoA (1990) Ii )IIJ N) wt CITY cr rORT COLUNIS MODrncA2tc»s tRU 999i Indemnification _.__. _..6.12 6.16, 6-31-6.33 Initially Acceptable Schedules ... 2.9 Inspection— Certificates at* ._....... 9.13.4, 115, 14,12 Final ....... 1411 Article or Paragraph Number Special, required by EN(;INF''LR.................... 9.6 Tests and Approval_ __.... ...........�,I, 13.3-134 Insurance -- Acceptance of, by OWNS _, _ _ _ _ ........... _ 5,14 Additional, required by changes in the Work........ .._........._ .._........11.4.5.9 Before starting the Work .............. ... ........... ...2.7 Bonds and --in general .. Cancellation Provisions._..._.__ - _._..... --.-_... 5.8 Certificates of ,- _.. .,_., 27, 5, 53, 5A.11, 9.4-13, ..................... 5.6.5, 5,8, 5,14, 9,13.4, 14,12 Coal pitted operations_ .................. ._.._..._.5.4.13 CONTRACTOR's Liability ....... _...... .... .... .......SA CONTRACTOR's objection to coverage, ....... 5.14 Contractual Liability _..... .... _..... ..... ...... 5.4.10 deductible amounts, CON'fRACTOR's responsibility.... _................ ................ I......,....5.? Final Application for PaytWent.., ................. ...1`1 12 Licensed Insurers ... . ........ . .. ...... _... ..... 5.3 Notice requirements, material changes,5.8, 10.5 option to Replace _ . ..... _ _.. ............ _... _ 5.14 other special insurances ......... ........................... 5 10 OWNER as fiduciary for insureds ........... ...5.12.5-13 OW1+IEWSLiabillty.' _ ..... ._.......... _ ?.5 011'NERsResponsibility ,....... 8.5 Partial Utilization, Property Insurance .......... 5.15 property. ....._,. _.........._ . .........56-510 Receipt and Application of Insurance proceeds..............................................3 12.5.13 Special Insurance _.. .. .......... „5.10 Waiver of Rights...,_ _.._....S.II Intent of Contract Documents ... ...... ..._3.1-3.4 Interpretations and Clarifications. , .3.6.3, 9.4 Investigations of physical conditions ............ ...........9 2 Labor, Mat r als and Equipment. _ .. _..-..... k.3-63 Lands— and Easements .._ _.. .. ..... _ ... .... $A Avadabilityol.___.. _.._...._4J,8.4 Report-, anti 'fests. . - - ._&A Laws and Regulations --Laves or Regulations-- Bon)ds 5.1-5.2 Changes in the Work ..... IUA Contract Documents, _ _.._ 3.1 CON'['RVITOP'sResponsibilitiec _..,..,.,_ 61a Correction Period,de.fabnve Work_ _ ...,.. 13-12 Cart of the Work, taxes ...._ ...... ..........11.4.5.4 definition of . _ _ '1 22 ganera16.14 Indemnification Insurance .. _. 53 Precedence,._ _ 3.1, 3.3.3 Reference to_ ......... ... ......_.....,..,..... _.... , r3.3.1 Safety and Protection., _. ...... 6 M 112 Subcontractors, Suppliers and Others,, ...... _ 6." 11 Article or Paragraph Number felts and Inspections..__ _ ..,..._._ ._,..,..,13.5 Use of Premises...__. ....... ... ._.........__..,.,.. 6,16 Visits to Site _ _ _ _ _ 9.2 Liability Insurance CON"1RACI'OWs.......................... _....... ............ 5.4 OWNLR's..._., .. _., ._.._.. _,....____...,.. _5.5 Licensed Sureties and Insurers .._... ...... .......... . 5-3 k iens-- Applicatio n for Progress Payment........ .. 14.2 coN'rRACTMs Warranty ofTAle _ ... ,.. 14.3 Final Application for Payment ......... ................. 14,12 definition nf,.„_.._ 1:23 Waiver of claims _ . _.,14.15 Limitations on ENGINEER's authority and responsibilities, ..... 9-13 Limited Reliance by (ON RACI OR Authorized ................... _.............. _........ _.....,42.2 .Maintenance and Qperoting Manuals— Final Application for Payment ... _ _.. ..,_..14.12 Manuals (of others) -- Precedence ........ . _ ._... ...... }.3.3.1 Reference to in Contract Ihwnunents................_33.1 Materials and equipment -- furnished by C«NTRACTOR. not incorporated in Work, _.. ............. .....14,2 Materials or equipment --equivalent , _ �....._ _.._.....0.7 N,lediatimh (Optional) _ _..... _ 16.7 Milestones. -definition o(..................... ........ ........... J-24 Miscellaneous— Computation of Times..._..._ _ .... IT2 Cumulative Remedies,.___ _._........ 17.4 i3ivingNotice....... ...___. __._.......,... ._. ._17.1 Notice of Claim.. _..__ _ ......_ .17.3 Professional Fees and Court Crests Included.......,17.5 Multi-primccontracts . 'tint Shown or Indicated ._, __.... 4.3 2 Notice of-- AcceptalnlhtyofPreject. ,,___ Avvmd,detinivionof. -__..,. ,....,-.. 1.25 Claim...... ............ .... .... ....._... ............ .....,.... I7-3 Defects.13.l Differing Subsurface or Physical Conditions _ 4.23 Giving .'._._.._ _. _,.._.. ...171 rests. and Inspections Variatioti, Shop Drawing and Sample._._ ...._.. (j.27 Notice to Proceed. - definition e)1 .... 1.20 giving of .. _ _ 2.3 U-10:C t iENE& Al. CO.Ma j iw? s ivio •s {t99a t4)ir oNl W (3TY Or FORT COLLINS MOMICA TI ONS (REV 9199) Notification to Surety .__.._.. __..... .......... ........_ lo.5 .. Observations, byE06I'vIdEK 630, 9.2 Ocoupanoy of the Work.................5.15, 6.3UA, 14,10 Omissions or acts by CONTIUM.' ['OR ...............69. 9.13 Open Peril police form, Insurance, . .....................$.6.2 Option to Replace ..............................._............... Article or Paragraph Number "or Dual" Items ... .._.....�.7 Other work 7 Overtime Work --prohibition of ._ . _._ 6.3 (,)W:tit R-. Acceptance ofckfecii've Work...........................13.13 ............... appoint an ENUINEEit......... ... ............. 8.2 as fiduciary__.... ,.__,. $ 12-513 Availability of Lands, responsibility ..... , _...... 4.1 definition of , _ _ 1.27 data. furnish , k 3 May CorrectcriveWeak ...........................13,14 May refuse tomnke payment ... _......._...... .. ...... .. �4.7 MayStoptheWork,.,..._..._-.._....___.,.....I3.10 May Suspend Work, Terminate._-_.-..._.___$.g, 1110, 15.1-15.4 Payment, make prompt,,,.„..... .3, 14.4., 14.'13 perfiamarac of other work...... _........ ......... .. ...... 7.1 permits and licenses, requirements,_, ........ ... 16 13 purchased insurance requirements,_ .,_ ,.,5.6-5,10 Acceptance of the Work ... ....... ... _...... .li.30.2. Change Order., obligation to execute.., ....... ,$A 10A Communications ............................................... & I Coordination of the Work_. _....._.--_-. .... _..._ 7A Disputes,request for decision,, ......... .�,Ti Inspections, tests and approvals ........... ._ 8.7, 13A Liability Insurance__...._...._.._._ ............. _...4.5 Notice of Fkf act3.............:................................ �.i.l Repr"ritative— During Conitruciion, ENNG1NEER's Status . .... ... . ......... .._9.l Responsibilities -- Asbestos. K-13s, Petrolenau, Hazardous Waste or Radioactive Material._ Change Orders. ..... .......... ... ...................... .S-6 Changes in the Work ._........__._.._.....__10.1 Communications ........__. ... 8,1 C'ON"IRAC1'c>k's responsibiliti. _ g'9 ecidencc of financial arrangements ..... ._8.11 inspections, tests and approlv'als., 7 insurance _ _5 lands and easements prompt paymcnthy._. _...._._ 8.3 replacement of ENUIN EER , 2 reports kind tests.., , 84 stop or suspend Work fi.8, 13 10, 15.1 terminate CO ti R lC Pt)R's services _ ... 15.2 Separate representative at sits-._...... ............ V 3 testing, independent .... -.__.. .............. use or occupancy of the Wort.,_ __,..,..� .. _5,15, 6.30.2.4. 14.10 written consent or approval required._..._ _....... ........ _........9 1, 6.3, 114 1.J(IX', :TNE,RAL C,:O )1 tIQNS 1914-5 (1990 LCifFI(N) W, On' (REV' i99) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Number written notice required ,,, _ , 7, 1, 9 4, 9.11. .1 L2, H _9_ 14 7, 15A PCBs -- definition of, 19 general .... ....... ... ............. __4 5 OWNER's responsibility for_ . .. ..... .... Partial Utilization -- definition of ... ... .... . ...... 28 general 6 30,14, 14 10 Property Insurance ...... . . .. .... Patent Fees and Royalties,. ....... 12 Payrrient Bonds_........,.._.._._,...... Payments, Recommendation of ......... __14*14-7, 14,13 Payments to CONTRACTOR and Complaim— Application for ProgressPayments_ , _ _ 14.2 CO\I'RA('I'OR!s Warranty of Title ... .143 Final Application for Payment, ............ ........ 14,12 Final Irinpection., 14,11 Final payment and Acceptance ... . ........ 14,13-1414 general .... ... . ............. 83, W Partial Uttliation . ... ... ... .... � 14.10 ReLainage .... ...... ____ ........................... 14,2 Review of'Applicationi for Progress Paym ents,, . ........ .... .. _14 4-14 7 prompt payment,._,.... _1 183 Schedule of Values � . ......... . ... ...... __._ , .-, _14A Substantial Completion ..... .. .. . . . 14,8-14,9 Waiver of Claims, ........ _ __ .......... .......... ..... 14,15 when payments due.___ ............... ... 144, 14,13 withholding payment 14 7 Performance Bonds...... Permits .... 6.13 Petroleum -- definition ol. ...... ..................... 30 general .... .... .43 OWNLR!s responsibility for Physical Conditions— Drawings of, in or relating , , . 1114, 2, L2 FNOrNIEWs review ........................................ 424 existing structures.__._42 2 general 4 2 � 1, _2 Notice of Differing Subsiurfa4x or,, 4.13 POssible Contract Doc= cnts Change,,,. 4,2, 5 Possible price and Times Adjustments ... Reports and Drawings ... ..... .. ... ..... Subsurtbce and- 4 Subsurface Conditions 4,11 Technical Data, Limited Reliance by CON,"l'RA(-fOk Authorized 4.2.2 Underground Facilities-- general....4 3 Tot Shown or Indicried 432 Protection of'. r I ......................... .... 4 3. 6 (' x1i Article or Paragraph Number Shown or Indicated 43.1 Technical Data 4.2 2 Preconstruction Conference.............................. Preliminary Matters_ ..... Prelim inary Schedules._ ..................... Premises, Use of, 6.16-6.18 Price, Change of Contract_. .... ... .. . 111.1--l111 ........ 11 Prim, Contract --definition of._.. ,......... . 1,11 Progress Payment, Applications for 14,2 llr(Vrm�,flayniont--retainagq;,,,, . 14-2 Progressschedutc, (N)NITRACTOR's ..... 0, 18, 2 9. 1. 1 1 1"1 1.1 6,6, 6.29. 10A. ' -tion 15.2.1 Project --definition (if 1.31 Project Representative-- ENGINEER!s Status During Construction, 93 Project Representative, Resident --definition of_ 1,33 prompt payment by OUN7FR .... ­1­'.1­__ ...... ...... 83 Property Insurraim-- Additional,_ ... .. ........ ... ... ... .. . .... 5,7 gencra15.6-5,10 Partial Utilization ... 5,15, 14. 10,2 receipt and application of proceeds......., _5.12-5.13 Protection, Safety and ......... ........... .... ... 6,20,621, 13.2 Punch list ....... .... ...... .. ....... .. .. 14 1 Radioactive Material_ defintion of 1.32 genard4.5 OW',IER's responsibility for.....-,_........... .8, to Recommendation of Paymcnt...,_,_, .................14.4, 14 5, 14.13 Record Documents 6,19, 14.12 Records, procedures for maintaining,, Reference Points Reference to Standards and Specifications of Technical Societiem_ ......................................3.3 Regulations, Laws and (or),,,.......,„,,,,,,,,,,,,,,,,,,,,,,,,, 6,14 Rejecting Defecdve Work .. .... 9,6 Related Alork-- at Site ... ....... ... .... . ...... ........ .. 7. 1- 7.3 Performed prior to Shop Drawings and Samples submittals rcvicw............ 228 Run1kches. cumulative 17.4, IT ' 5 Removal or Correctim of0efective Work. 13,11 rental agreements, OW 'ER approval required, 11A.S.3 ieplacement of ENGINEER- byOWNER , Reporting and Resolving Diqcrepancics, I'll r.11111111111" I -' 5, ' 33 2, 614,2 Reports— andDrawings. 42.1 and Tests, OWNPRs responsibility .. ........ 84 Resident and Project Representative -- definition of_ 33 provision for........ ...... _ .... ... _ . � "?''I GENERAL CONUI I WNS 1910.8 (1999 EJ)J wi CITY Or FORTCOLLIN' MODIFICATIONS 4REV 9199) Article or Paragraph Number Resident Superintendent, CONTRAC7.OR's, Responsibilities— CCINTRACT('.)R's-in general .... ...............6 [iNGlNEF0s-m general. _..... _ .... .................9 Limitations tm....._._ ............ ... .............913 OWNER's-in general.,_.._ ......._:._....... 8 Retainage I41.2 Rcusc of I)ocuments_........_ _... .... �. 33 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal_ ........ .........._,o.2S Review of Applications for Progress NymentS _.. _ .... . _ _. _ _..,, _....t4,4-14.7 Right to an adjustment-._-... _.._.... ........... 10.2 Rights ofXVay....... . .__._ .... . . , ._.._.4.1 Royalties, Patent Fees and ...................................... G. F2 Safe Structural Loading ........ .... _.. ... ......? 18 Safety-- and Protection.,.-_,,...., e. 4.12, 6,16, 6,18, 13,2 general .. .................. ........... ................. ....t. Representative, CONTRr1C'TOR's............ ........... 6-21 Samples— definition of ....... . .... ............. ..... ......1-34 general....,.... .... •., ......... ...¢.24-6.28 Review by CONTRACTOR ._._........ _. _.._ ..... .--6 T5 Review by ENCYINEFR......... ............. .. _...0.26, 627 related Alcork.................................................... ci28 submittal of submittal procedure;..........,__„ .25 Schedule of progress..., ._...--- ,,_,.......3.6,18 :9, 0,6, 10A, 15.2.1 Schedule of Shop Drawing and Sample Submittals_ ..... ...... ...... '�6 18-2.9, t 24.6.28 Schedule of Values .16, 18-2 9, 14 1 Schedules— Adherence to ...._.. _ ........._..._ _ ...... 15.2.1 Adjusting,,.. i? 6 Change orConlract,Times _.1ft4 Initially Acceptable _-... 2.8, 2.9 Preliminary_. . _. _._. 2.6 Scope of Changes_,_ ._ .. ...... 10.3-I0A `Subsurface C ralitions _....,..._ 4.21.1 Shop Drawings-- and Samples, gencral........ . ......._ ...-..-.. E:24 %-28 Change Orders 3 Applications for Payments, and _-__ __ .._ . __....9.7-9.9 defuuition Of., F_3S 1<1C,INEEK,% approval of _ ........ ...3-62 F,NGfNEEWs responsibility for review_ ............... ....9.7, 6.29-6 28 related Work _._. _ e.28 review procedures, ............................... 2.8, 624.628 mil Article or Paragraph Number subm ilia) required,.,,_._ .......... ................. ......... 6-24.1 Submittal Procedures........._ .........................._6.25 use to approve substitutions ............. . Shown or Indicated ............. 4.3.1 Site Access .. ............. , _.._.. _,_ .....7 2, 13,: Site Cleanliness......._._...._._...._ _.__...._.....,6.17 Site, Visits to-- hy EaloIN"EER___ by others.... __. .. _ .132 "special causes of loss" Ixihcy form, .6.2 definition of..__....:...... _..... Specifcations-- defmationof_ _._....._., _ .._. _.._ __..,. 1,36 of Technical Societies, reference to 13.1 precedence......_ ........................................... �..3.3.3 Standards and Specifications of Technical Smicties,..._,, ..... _,....., _....... .. .33 Starting Construction, Before_. ... . >....._f.S-2.8 Starting the Work-, Stop or Suspend Work -- by CONTRACTOR ......... ....................._......,.,,liS byOWNER......................._ _8.8, 13,10,15.1 Storage of materials and equipment, .. _..... .1.1, 7.2 Structural Loading, Safety....... 6.18 Subcontractor_ Concerning ..... .............. ti.8-£i.11 definition of ... -....... . .......1.37 delays _........... _....._. _...__.__..-12.3 waiver of rights ........ ...... ........ ....... ..-... ...... ,_5.11 Subcontractors —in general. _..-........ ..... ..... _,.6.8411 Subcontracts --required provisions..,, Submittals— Applications for Pacnwnt................................14,2 Maintenance and operation Manuals _._ _.._14.12 Procedures... _. -..-. _.. _ 6.25 Progress Schedules .........._._... ,. _ . ,._2.6. 2 Samples _.f 24-6,28 Schedule of Vilu.................. ..................2.6, 14.1 Schedule of Shop Drawings and Samples Subm ission.s 16 18-29 Shop Drawings �_ _ _ _ 6,24-6.28 Substantial Completion— certitication of _,_.. 6.30.2.3. 148-14.9 dcfinition of Substitute Construction Methods or Procedures. 6.7,2 Substitutes and "or i,quai ltemx_._ _._... CONTRAt TOk's Expense ,._.. __.6-7 ti _7.1.3 ENGINVER's Rvaltenion_,,,...... _.._6 7.3 "Or Equal" _.--. ...,.,_ ... 6-7.1 1 Substitute Construction Methods E ICIX7 lit NEY AAL COMA II �tiS 1910A (IWO E 1110P) rvt 0TY kW PORT COLUNS N40DIRCA noNB (ary 9'99) Artiolc or Paragraph Number or Procedures_ ... ....... _ ..........7.2 Substitute Items_ .... 4.7 U 2 Subsurface and Physical Conditions. - Drawings of, in or relating to ., .. .. _...._ 4.2. t.2 ) NGINEHR's Review ,._..__......,.4.2A general ............. limited Reliance by CONTRAr"TOR Authorized..__._. _.... -.-_..._ 4.2.2 Notice of Differing Subsurface or Physical Conditions_ _.....__ . .. ................. _.,. _.4.2.3 Physical Conditions _.._...__......_ 4.2.1.2 Possible Contract Documents Change . . .............4.2.5 Possible Price andTimes Adjustments ... _A2.6 Reports and Drawings , ... _ ..4.2.1 Subsurface end..._.................................._...........42 Subsurface Conditions at the Site 4.2.1.1 'Technical Data.............-.... _..... 422 Supervision— CONTIACTOR'sresponsibility.._..__._.._._... 6,1 OWNER shall not supervise.................................8.9 FNGINTFFR shall not supcivisg......._.......9.2, 9.132 Superintendence..._,...... . ...... ......... ...._.6.2 Superintendent, CONTRACTOR's resident, 62 Supplemental costs,, _, .. _,._._..,;11.4.5 Supplementary Conditions-- definition of. ......... ...................... ......................J.39 principal references to ........... ...._J,i0, 1,18, 2.2, 2,7, 2,4-3,5.1.513A,5.6-59, ?.11, 6.8, 6,13, 7.4. 8.11, 9.3, 9.10 Supplementing Contract Documents ..... ......_....... ...... .4 Supplier -- definition oF.............. 1 40 principal references to ... _,,,,,,,3.7, 63, 6.8-6-11, 6.20, 6,24, 9.13, 14,12 Waiver of Rights, ._... _ _.,. ........... . _._ _...b.lt Surety -- consent to final payment.. __.._ 1412, 14 IA FNQINsFFRhas noduty to ... ....... ......._....... .... _9 13 Notifc,itionof ._..__ .101,10.5,152 qualification of 5,1-5.3 Survival of Obligations.,,- .... 6.34 Suspend Work OWNER May .... .... -.. _ 13.E ), 15.1 Suspens in of Work and Termination-- _l> CONTRACTOR; a far` Step Work or Terminate 155 OWNER May Suspend Work , , t5 l OWNER May Terminate. 1a'_-I5,4 Taxes —Payment byCONTRACTOR., NTRACTOR., _._. .15 Technical Data -- Limited Reliance by CONTRACTOR,2 2 Possible Price and Times AdjustmeriB.--� 4.2.6 Reports of 1 tifTering Subsurface and Physical Conditions Nil Iemporaryconstruction facilities,.. Article or Paragraph Number Term ination-- tryCt>NTRA(`t'OR __....... J5.5 by OWNER ................. ...................... 15.1-15.4 of ENGINEFR's employment .... ....... . Suspension of Work-in general.._. -. l5 Terms and Adjectives ___..... _ .__34 'tests and Inspections -- Access to the Work, by others ...... .......... _ _........13.2 CON`1'RACTOR's i esponsibilities .......................13 5 cost of 13.4 cowering Work prior to__,..., Laws and Regulations (or)_.,..._. ...,_.. _...... 13.5 Notice ofDefacHs .. _... _._..13T OWNER May Stop Work OWNER's independent testing ..........................J3.4 special, required by FN(}1Nl-,Fk .-..... 9.6 timely notice requited .... 13.4 Uncovering the Work, at FNGINEEWs request_. ._._ _ .._ ......... . _._._.I3.8-139 Times -- Adjusting........... _.......................... ............. 6.6 Change a(74r Tact_._ . ............. 12 Computation of. 122 Contract Tim es--defimilion of -- ._ .... , J.12 .._....ITZ2 day _._...__.. ..__..__-.-..__._. Milestones ............ ......... ........... ......... Requirements -- ....1'2 appeals - _........ 9,10, 16 clarifications. claims and disputes ,...__.9T 1, 11,1 12 t`ommanc mzntofC`onbaet'1'imes...... _ 2.3 Preconstruction Conferencri...,_.....................".3 whe'hrhs.............. ...._......................2,6, 2 9, 6,6 Starting the Work ...-- 2.4 Title, Warranty of, Uncovering Work,__ 13.8-13.9 Underground Facilities, Physical Conditions_ definition of:,,, .... ...... .... 1 41 Not Shawn a Indicated .... ._ _.._ 432 protection of .._.... . _,... .43, 620 Shown or Indicated Unit A iLv W'oi k— claims. _ ..,.. . 1L9.3 definition of,, ,,., ,,, _„. „ t _-12 generall 1.9, 14 1, 14 5 U'mt Pricws-- general) 1.3.1 Determination for 9 )G Use of Premises., b 16, 6.19, 6 30.2,4 Utility owners _ ........(,-13, 6,20, 7.1-7.3, 13.2 U'tiliwion. Partial.__. _ 1 28, 5,15, 6.30.24, 14.10 Value orthe LV(rk,,,_.... I 'Values, Schedule o1`_ .. ... ^.6, 2.8-2.9, 14.1 EXI) ; UL NI,RAL CON1 }t I IGINS Ik to •a ❑ 990 tft)1TF()N w' (7PfY CIF rORT COLLINS kt4rMCA TI ONS (REV 9,'99) Variations in Wcwk--X4inor Authorized. 6-251627' 95 Article or Paragraph Number Visits to Sito—by FNIGINFER ..... ..... . * ............. 9, Waiver Of Claims —On Final llriment 14.15 Waiver of Rights by insured 6,11 Warranty and Guarantee, General --by C0NrTkM--foR 6.30 Warranty of Title. CONI'MACT(A6 ...... ....... ...... _143 Work — Access to 13,2 byothcrg............................................................... 7 Changes in the .... .. . .. ..... . .......... __ .......... ....10 Continuing the,....,_.__...._... ....... .629 CONTRACTOR May Stop Work or Term maw Coordination of 7.4 Cost of the,..-._ . . . ........ ...... ....... 11,4413 definition of,, .11, 1 - I'll ... 1-111111 1 1. " 14.3 neglected by CONTRA(.,T(.)R .. ...... ......... 1314 other Work, , , ... OWNER Nfay Stop Work , � _ — .. .... - .... 13.10 OWNER May Suspend Work ....................i3.10, 15,1 Related, Work at Site..._......._.._ ......... ...... _7,14-3 Starting the.......... ......... ......... ........ ..... 2A Stopping by CONTRACTOR , . ... ....... ..... 1,5.5 Stopping by OWNER..,_ ... ._ _ ..... ... . __15,1-15.4 Variation and deviation authorized, minor, ..... _3.6 Work Change Directive -- claims Pursuant to.................................. .........10.2 definition of. 1,44 principal references to, ... 3.53, 10,1-10.2 Written Amendment -- definition ot. j 4-5 principal reference,., to .... ......... 1.10, 3 ...... 6X2, 6,19, K 1, 10.4, 1 11 1. . j 12, 12.1, 11112, 14.7,2 Written Clarifications and Interpretations 3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR 104, 11.2, 12.1 by OWNER 9 10.9,11, 10A, I12, 13,14 NV Ex'WOCNERAL CONDI BONS I M-8 (19)00 E01110N) W! ('try Or FORT 001A. M. MODWATION'S (REV 9,,99) (This page left blank intentionally) Xtti FAIL:%'t: ENEX.AL CQNIN I RA S 1911).a (1991) U)j rlON) w' CITY Or FORT COLL(NS MODI iCA ]IONS MRV 9199} GENERAL CONDITIONS ARTICIfY 1--)EffNf7Tfe;X%* Wherever used in these General ConJttksns or in the other Contract Documents the following terms have the nicanings indicated which are applicable to both the singular and plural tlwreoE 1.1. Addenda --Written or graphic instruments issaed prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documcros 1.2. A nremetu-•The written contract between OWNER and CO: TR-ACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13, A71ttcotion fitr Pin"ent The fcmn acceptai fly ENGINE .R which is to he used fry CONII MOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the <'ontract Docwnerim 14, Asbestos --Any material that contains more than one percent asbcmlios and is friable or is releasing uv6eaKos fibers into the air above current action levels established by the United States (kcupatiomal Safety and 11-calth Administration 1 5 Rid -The otter or Proposal of the bidder submitted on the prescribed fan setting forth the prices for the Work to be performed 16. hfu"tig Dextmrerns—The advertisement or invitation to Bid, instructions ro bidders, the Bid form, and the Proposed Contract Documents (including all Addenda issued prior to receipt of Bids). LT Bidikg Requirements The advertisement or invitation to Hid instructions to bidders, and the Bid form. 1.8. BowiT—Performance and payment bonds and other instruments of security. 1-9- Change (order -A document recommended by ENGiNEMR, which is signed tn• CONTRACTOR and C)lY:NER aril authorizes an additim deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of tie Agreement 1,111 Contruer Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRAC70W.5 Hid (mcludir , documentation accompanying the Bid and any post, Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawing% as the YJCDC GENE,aAL CONDITIONS 19 t 0411990 6ditiai) is C7'rY t'IF FOR 1 , YNdd NS §1C1UtF'ICATIi)NS tRfiC 1 2aoaj satire are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragaphc3.5. 3.6.1 and 3.6.3 on or after the Ellectivc Date of the Agreement. Shop thawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawhVs referred to in paragraphs 4.2.1 and 4.2 2 are not Contract Documents. 1,11, Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 1 in the case of Unit price Work). 1.12 Contract Times --The nuulbers of days or the doff in the Agreement: (h) to achieve Substantial die Work so that it is enced by ENGiNEER's mmetattan of feral payment in accordance wiph 1413. 1.13 L'01VyR cnA—The person, firm or corporation with whom OW'N R has entered into the Agreement. 1.14, defective —An adjective which when modifying the word Yl'cxk relent to Work that is unsatisfactcsy, faulty or deficient in that it does not cctforh to the Contract Documents, or does not meet the requirements of any inspection, reference standard test or approval referred to in the Contract Documents, or has bean damaged prior to ENGMTEER's recommendation of finial payment (wiles Ne i msibPlity fix the protection thereof has been assumed by 0WNER a4 SahsumUal Completion in accordance with paragraph 14.8 or 14.10). 1.15, Draiings--The drawings which show the scope, extent and character of the Week to be tarnished and performed by CO'N'!R-ACTOR aml which have been prepared or approved by ENGINEER and are referred to in the Contract Doeuments. Shop drawings are not Drawings as so defined. L16 E,jfectiw Date of doe Agieentent—The date indicated in the Agreement on which it becomes effective, but if no sadh date is indicated it means the date can which the Agreement is signed and delivered ty the lust of the two parties to sign and deliver. 1 17 EMOVMV 'ER-Tle person, firm or corporation ration ramp as such in the Agreement. L18_ F,%rJh EER'r Consultunt--A person. firm or oresprmation having a contract with liNG1NEI R to furistt services as ENGINE.ER's indeikcndent professional asscx:iate or consulumt with respect to the 13o>jecY and who is identified as such in the Supplementary Conditions. 1.19 Yield order —A written order issued by ENGINEER which orders moor changes in the Work in accordance with rmragraph 9 4 but which des not involve a change in the ('ontrthct ice or the C a retract Times. 1.20. t enamJ of Division 1 of the Specifications. 121 Hazardous 0 rite —The term Haz rdohs Waste shall have the meaning provides! in Section 1004 of the Solid Waste Disposal Ad (42 CaSC Section 69)3) as amended from time to time. 132.a, Lam and Regulations; Laws or Regulations -Any and all applicable laws, rules. regulations, urdinanues codes and orders of any and all governmental boslies agencies, authorities and courts having jurisdiction 12b Legalllo& s--shag be-,lhgsc holi s dxserv'c�l bv_ tltx C:'p}� of Fort (olhns, 1.:3. Liens --Liens, charges, security interests or encumbrances upon real property or persona I property. 124. Mileslone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1,25, Nofce of.-imard—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent sucees ful bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign and deliver the:'lgreement 126. Notice to Proceed —A written notice given by 0%MR to CONTRACTOR (with a copy to ENCz11v W-d) foxing the date on which the Contract Times will commence to tun and on which CON] RACTOR shall start to perlorm CONTRACTORS obligations under the Contract Documents. 1.27 OWNER —The public body or authority, corporation, association, firm or person with whern CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.21;. Pariral Utlliaaiiort-Cse by OWNER of a substantially completed pan of the Work for the purpose for which it is intended (or a related purpose) prior to Sutaatanhal Cemnpletionofall the Work 129 Pt'Rv—Polychlorinated biphernyls. 130 petrotermr--Potrolcum, includes crude oil or any, Gactiom thereof which is liquid at standard conditions of temperature mil pressure (60 degrees Fahrenheit and 14 7 pounds per *Varc inch absolute), such as oil, petroleum, fuel aril, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. fhvFect—The total construction of which tie Work to be provided under tare Contract Documents may be the whole. or a tart as indicated clsewhere in the Contract Documents, 1.32a, Rarboachve .Llatenal urcc, special nuclear. or byproduct material as defined by the Atomic Energy Act of ki'lr'1>+;; C�Et G;.:KAI,tO tbt7"IttS 1911ns i050Elitiain to, 0 TY OF FORT [YiLLRi.S INIMlr tt SAI IONS (RFV 4 ?O(Al 1954 (42 USC Section 2011 et seq.) as amended from time to time. I .1 b . Rqulur liorking,Hours-Regujar tt xl jr� ht thus rue defined _ 7:00 am to " C! sharer specified in the General Recuirements 1.33_ Resident project Reprvvwtrtatnv--The authorized representative of li\VJN£ER who may be assigned to the site or any part thereof 1.34. Samples —physical examples of materials, equipment, or workm nshipm that are representative of sane portion of the Work and which establish the stmx-lards by which such portion of the Work will he judged. 1.35. Shop Divaings—All drawings, diagrams, iltusuations, schedules and other data or information which are ,qseciticalty prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portionof the Work. 1.36 Slieciificanons—Those par ions of the Contract [Axtiments consisting of written technical descrippntttons of materials, equipment, ecmstructia systems, starnlards and workmanship as applied to the Week and certain administrative details applicable thereto 1.37, Subcontructorn--An individual, firin or corporation bovine a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138. Substantial Completian--The Wick (or a specified part thereof has progressed to the point where, in the opinion o ENCY N6"ER as evidenced by ENGM,IMM 's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the. Work (ot specified parr() can be utilized for the purposes for which it is intended, or if no such certificate is issued when the Work is com to and ready for foal payment as evidenced by NGTNEFR's written recommendation of final payment in accordance with paragraph 1413 The terms "substantially complete" and "substantially completed" as applied to all or pert of the Work refer to Substantial Completion thereof 139 Supplententaty Conditions —The part of tie Contract Documents which amends or supplements these tie oral Condition 1.46. Supplier —A manufacturer, fabricator, supplier, distributor, hnaleainiman or vendor having a direct contract with CO1vMACTOR or with any Subcontractor to furnish materials or equipment to he incorporated in the Work by CO\'T'RACTCOR or any Subcontractor. 1.41 Under Racilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, links, turinds or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materals". eledricity, gases, steam, liquid petroleum products, telephoto: or other ccmtmunicatiotts, cable television, sewage and drainage removal, traffic or other control svAems or water. 1.42- Unit Price If ore —Work to he paid far on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately idmti6abte ppaartts thereof required to be furnished under the Contract. ocuments. Work includes and is the result of performing or furnishng labor and furnishing and incorf»mbng materials and equipment into the construction, and petfortuing or fumishing services and furnishing docrmems, all as required by the Contract Documents. 1.44, Mot* Change Directive• -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNM and recommended by E'NOINTEER, ordering an addition. deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed ns provided in pmagmph4.2 or 4.3 or to emergencies under praragraph623, A Work Change Directive will not change the Contract lice or the Contract Times, but is evidence that the parties expect that the change directed or dicumented by a Work Change Directive will be incorporated in a subsequently issued Chain: Order following negotiations by, the parties as w its effect, if any, on the Contract Price or Conmict Times as provided in paragraph 10 2, IAS, ft'nimn Amendment --A written amendment of the Contract Documents, signed by OWNER 'and CONTRACTOR on or after the Effective Late of the Agreement and normally dealing with the noncngineering or nontechnical rather that strictly construction -related aspects of the Contract Documents. ARTICLE 24"RELIM NARY MATTERS Delitr(y of Brands: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds m CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Cotner of Dotwmentv 2 Oil MIR shall funush to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reaso ambly nec�ary for the execution of the Work_ Additional copies will be lenru>ficd upon request, at the cost of reproduction C'ommencemetnr of'Contract Times; Notice to Proceed- 2A The Contract Times will commence to run on the thirtieth day OUT the lffective Bate of the Agreement, or, F.,Jt'I?(' GkNt]irll. Ctm"01 ll(,)Ns 191+)-s 0999 hfitimt wr crrY ter- rcra m c xot,t.t �� titntm�icaahokn tar_�� nnrxn,) if a Notice to Roeaed is given, on the day, indicated to the Notice to Proceed, A Noticc to Procced may he given at any time within thirty days after the Effective Date of the Comm *No to Fin later than Ow sa�:-th day ao- a" day Agreement 4`�-4'•imes ofBid openmg or the thirtieth day -after the 64feetive-Date of flee 4gremtertt whiehever date -is earlier: MaMng the Work: 2-4. CONTRACTOR shall start to perform the Wdxk on the date when the Contract Times commerce to run, but no Work stall be done at the site prior to the date on which the Contract Times commerce to tun Before Starting Conumcdon: 2.5. Before undertaking each part of the Work, CONTRACTOR slap carefully study and compare the Contract &x:tnnenrt and check and verify pertent figures shown dhereon and all applicable field measurements CONTRACTOR shall promptly repot in writing to ENG1NRER any conflict, error, wnbiguity or discrepancy which CONTRACTOR may discover cad shalt obtain a written interpretation or clarification from FNCIIN'EER before twocceding with any Work affected therehy. however, L7ONrTRA('VOR shalt not he liable to OWNER or ENGINFFR for fiiture to report any conflict, error, ambiguity o diseepanc-c, in the Contract DouumeMs, unless CON 'I RACfOR 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 Rccluircmen 6i), CONTRACTOR .shall submit to 17COUNMER for review: 2.6.1, a preliminary progress schedule indicating the times (numbers of days or dates) tor starting and campleurng the various stages of the Work, mcluding any Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Drawer and Sample submittals which will list each required submittal and the times for sub mituttg, reviewing and processing such wbai nial; 161[, to no. case will_a schedule IV acceptable which allows less than 21 calcrxlar da,fyx eadJltg};�e>4 bc_Lnpi�xer, 63. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating tlx Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction Sut:h prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2:7. Before mty Work at the site is started, COM RACTOR ancl-c3W'4414k shall e*-A deliver to the other OWNS with copies to identified it) -the- supplementary (Wdit ons ENGINLER, certificates of insurance (and other evidence of insurance reastrly ....- r nested by C�j'ER) which CON'I'RAC'T(t .:etaEld3S��N�R-re�spaatively-ere is required to purchase and maintain in aaxardatnce with paragraphs 5.4, 5.4mid -5.7. I'recansrracdron C'onferance.` 2.8, Within twenty days after the Contract Tithes satin to rat, but before any Mork. at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among de parties as to the •4'i'ork and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Appliwtiors for Payment and maintaining required records. lnl "Y,4ccgWUeSchedules• 2.9 Unless otherwise provided in the Contract Documents, atA Appliomi,on for payment before any work at the site beams a conference attended by CONTRACTOR, ENGINEER and others as appropriate dery ma?ems iy OWr3 & will be held to review for acceptability to 1 NG I:'NaliEit as provided below, the schedules submitted in accordance with pura3graph2.6and T ins 1. Cat t1 R gplueltlgrR _ (X) ACI'OR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CiDN'TRACTOR util the schedules are submitted to and acceptable to ENGINEER as provided belay, The progress schedule will Ire acceptable to iiNGINEF.R as providing an orderly progression of the Work to completion within arty specified Milestones and tie Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the rienc ng, scheduling or progress of Ow Work, nor interfere With or relieve C()1N"TRekCl'OR from CONTRACTOR's full responsibility therefor. CONTRACTOR's sc[erkde of Shipp "rawutg and Sample submissions will be acceptable to AGIN Ras providing a workable arrangement for reviewing and processing the required submittals ( ONTRACTOR's schedule of values will be acceptable to INGINEER as to farm and substance. .ARTICLE 3--COYfRACT DOC UTMEINTS: 1tiTE;NT, ANIF.ND[NG, REUSE Intent: 31. The Contract Documents comprise the entire sagscement between ttWNLR and CONTRACTOR concerning the Work the Contract Documents arc complementary; what is called for by one is as binding as if walled for by all. The Contract Documents will be construed in accordance with the law of the place of the, Project. 32 It is the intent of the Contract Documents to r~.nr i>c ca �t=oat. �.Y,�uinut� tsra.x itvsu &,anent WctiYOf- FOR Tcot.] WNHAAMcatrONSMINA 2VWO describe a functiosvilly complete Project (or part thta`aot) to be constructed in accordance with the Contract Documents. Any lVork, materials w equipment that may reasonably be inferred from the Contract Tkxumonts or from prevailing custom or trade usa6e as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Wort:, materials or equipment such words or phrases shall he interpreted in accordance with that meaning. Clarifications and interpretations of the Contract I"keuments shall be issued by 1 NGINI ER as Provided in paragraph 9.4. 3,3. Reference to %andar* and Specifications of Technical Socidiex Repardapj and Reaerlving U wivandes.• 33.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference tie specific or by implication shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening ofBids (or, on the Effective Date of the agreement if there were no Bids), e.Ncept as may be otherwise specifically stated in the Cormatt Documents. 33.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or disreputtcy within the Contract Doarments or between the Comract Documents and any provision of any such Law or Regulation applicable to the petftartuance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.3, CONTRACTOR shall report it to F.NGINFFA in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.223) until an amendment or sopp}}�lerrent to the Contract Documents his been issued by one of the medKids indicated in paragraph 3,5 or 3,6; provided, however, that CONTRACTOR shall not he liable to OWNER or E;`IGINEER for failure to report anv such conflict, error• ambiguity or discrepancy unless CONTRACTOR knew or reasonably shcxnkh have known thereof: 33.3, h`xceltt as otherwise sleeifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in Paragraph 3.5 or 3.6, the lrcnisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provision:; of the Contract Doctmnents and: 333.1. the provisions of any such standard, spezifuca€ioxn, manual, code or in run -.tion (whether or not specifically incorporated by reference in the Contract Documents); or 3.33.2, the provisions of am, such Laws or Regulations applicable to the performance cif the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law a Regulation), No provision of any such standard, specification, manual, ccxk or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or FNGTNEER" or any of their subcntractcns, conniulaanux agents or employees from arose set forth in the Contract Documents, nor shalt it be effective to assFapgnn to OWNER, ENGINFFR. or any of FNCrINF.FR's ComttltimL% ;wents or employees any duty or authority to supervise or direct the furnishing a performance of the Work or any okay is audnority to undertake responsibility inconsistent with the luovisi(;m of paragraph 9.13 or any other provision of die Contract Documents. 34_ Whenever in the Contract Documents the terms "as ordered", "as directed", "as required"„ "as allowed", "as approved" or terms of like eftisd or import are used, or the adjectives "reasonable", "suitable". "acceptable" "proper" or "satisfactory" or adjectives of like effect or impart arc used ro describe a requirement, direction, review or hu ant of ENGIieIETiR as to the Work. it is intended that sic requrement, dtreetion, review, or judgment will be solely to evaluate, in general. the completed Work for compliance with the requirements of and informati ri in the Contract Documents and conformance with the desn concept of the completed project as a functioning whole as shown or indicated in the Contract D)o wments (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to T iNGINEER any duty or autharity to supervise or direct the furnishing or performance of tip Work or any duty or authority to undertake responsibility contrary to die provisions of pansenaph 9 13 or any other provision of the Conti ad Documents. Amenr&ng and SupplementingContraet Documents 3.5_ The Contract LAxamdnts 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 16llowaig ways. 3 5A. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 14.4), or 1rJC17c tiF�+t;RAL L'UNUI"nU`t;i f 914� (!'Pail Eettivat w%CxTYOFFORI eY7ttd 75 h[Q[]nlC'A'rte)*iS (RPY U2tumt 3.5.3- it Work Change Directive (pursuant to paragraph 10,1). 3.6 in addition, the requirements of the Contract Daemnents may be supplemented, and minor variations and devistiona in the Work may, be authorized, in cite or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5)" 3.6.2. FNGINFFR's approval of a Shut Drawing or Sample (pursuant to paragraphs 6.26 said 6,27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9A). [terse ofDocumenh: 3.7. CONTRACTOR, and any Suboorrractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or ncqutre any tide to or ownership rfg►u in arty of the Dmwing.s Specifications or other dcxwneX (or copies of any therco) prepared by or hearing the seal of ENGINgiR ar FNGTN'FFR's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies kin extensions of fhe Project or any other project without written consent of MWER and ENGMER and specific written vcridicatitn or adaptation by ENGfNEFR ARTICLE 4.AVAILARILITYOF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .4nadtabdtdl3 ofLanels: 4.1. OWNNR shall furnish, as indicated in the C,'orttract Documeras, the lands upon which the Work is to be perforated, right"f=way and easements For access thereto, and such other lands which are dempiairdd for the use of CONTRACTOR E3pon reaso treble written request; .. )R-wtilr-a—eemrtt statamaito€recxtrd-legaFtitle -mid -4 fdeseription-uf-the tands uponwhichthe --Work is to be pertimtted and (3WNEF2a itteresl-theeeim.as necessary..for- giving -entice of or #hr u meshaew!6- hen —against sovh- lands, in aarcfrdaatee -.with...-.applicable Laws --and ReYulations. OWNER shell identify any encumbrances or restrictions not of general application but specifically related to use of larnls so ftamished with which CONTRACTOR will have to comply in performing the Work la:ements for permanent structures or permanent changes in existing facilities will be obtained and paid for by C )WNEK, unle�s otherwise provided in the Contract Documcros. if C'ON7RACTOR and OWNER arc unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as it result of any delay in OWM,,R's furnishing these lands, r gh is -of. way a casements, CONTRACTOR may snake a damn therefor as provided in A.r elm11 andd2 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall, include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort 12/03 Section 00100 Page 1 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary canbtructiSn facilities or storage of materials and equipment. 4.1 S'uhsurface and Physical Cbrulfdons.- 4.2,1. Reports and Drmeings: Reference is made to the Supplementary Conditions for identification of 421 1 &ubsir ee Candfh'ons: Those reports of exploratiuns and tests of subsurface conditions at or contiguous to the site that have been utilized by EEG INTER in preparing the Contract Documents, and 4.2.11. Phvikat Cord lions: Tlmsc drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underfround Facilities) that have been utilized by ENGINEER in preparing the Contract Documents, 4?.2. Limited Nekance by COMRW'TOR .4uthorized,• Teciu» cat Data., CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and dmwtngs, but such reports and drawings are not Contract Documers. Such 'technical data" is identified in the Supplementary Conditions. Except for such reliance on such "techrt cal data", CONTRACTOR may rat rely upon or make any claim against OWN13R, ENGINEER or any of I NGINEFR's Consultants with respect to! 4.221. the completeness of such reports and drawings for CONI'RACTOR's piuutposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2 2. other data, 'interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 42.2.3_ any CONTRACTOR interpretation of or conclusion drawn lidm any "technical data" of any such data, interpretations, opinions or information. 2.3. Notice of Differing Subsurface or 1'1inwiaal Cbncktions, If CONTRACTOR believes that anv subsurface or physical condition at or contiguous to do site that is Uncovered or revealed either: 4.2.3. t, is of such a nature as to establish that any "technital data" on which t'ONti rJ0(7 7R. is entitled to rely as provided in paragraphs 4_' 1 and 4,12 is materially inaccurate, o 4:112. is of such a mature as to require a change in the Contraet I)m, u nents, or 4,133, differs materially from that shown or Ellie' (iRaitiNsiL C'OA7}111U2 S 01 R-S 1199415,01irii cw' Q ry of r(,* rd'UI.LINS trOplr't(',ATHnNS AEk d.?a(J) indicated in the Contract Docmnems, or 4'.3A is of an unusual nature, and differs materially From conditions ordinarily note mtered and generally reopgniref as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof mid before further disturbing conditions affected thereby or performing any Work in correction therewith (except in an car rrggeacy as �ermircd by paragaph623), notify 0 N . and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEEP s Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of ©AINOVs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a cry to CONTRACTOR) of hNGENEEKs, findings and conclusions. 4.2.5 Povibk Carrtract Da=zients Otarige: if KNG N1ELR concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2 3, a Work Change Directive or a Change Order will be issued as provided in Article ltr to reflect and document the consequences of such change. 42.6- Passible Price and Times Aousmrzntc: An equitable adjustment in the Contract Price or in the Contract Tunes, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOWs cost oL or time required for performance oC the Work; suh ject, however, to the following. 4.2.6.1. such condition must meet any tune or more of the Categories descries or paragraphs. through 4:23A, inclusive; 4.2 62. a change in the Contract Documents Pursuant to paragraph 425 will not be an automatic authorantion of nor a condition precedent to entitlement to any such adjustment; 4.'2 6 3 with respect to Work that is paid for of a Unit Price Basis, any adjustment at Contract Price will he subject to the provisions of paragraphs 9. lu and 1 L9, and 4,2.6A, CQNTRACTOR shall rat be entided to any adjustment in the Contract Price or Times if. 4.26.4_1. cONIrRACTOR knew, of the existence of such conditions at the time t'ONTRA('TOR made a final commitment to OWNU in respect of Contract Rice and Contract Times by the submission of a bid of becoming bound under a negotiated comract; or 428A.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploratioxr, test or study of the site and C4mlguotm areas required by the Bidding Requiremeits or Contract Documents to be conducted by or for CONTRACTOR prior to CON'TRACTOWs making such final ecmmnment; or 42.6A,1 CONTRACJOR failed to give the written notice within the time and as required by Paragraph 4.2.3, If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount err lao of any such equitable adjustment in the Contract Price or Contract Times, a claim may he made therefor as provided in Articles i I and 12. However, OWNER. FNGRvR arxd ENGINEFR's Consultmts shall nor be liable to CONTRACTOR for any claims, costs, logos or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. P{ysteal ConiSdons Underground Facilities: 4 3A, Shoran orinrbcated: The information and data shown or indicated in the Contract Documents with reapxt to existing Underground Facilities at or contguous to the site is based on information and data Furnished to OWNER or ENGUNFER by the owners of such Underground Facilities or by others. Unk% it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1, OWNER and ENGINMERslaflnot be responsible for the accuracy or completeness of any such information or data, and 411.2 The cc% of all of the Blowing will be included in the Contract Price oral CONTRACTOR shall have full responsibility for (i) reviewing and checkirtg all such information and data (ii) locating all Lhderground Facilities shown or indicated in the Contract Documems,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Ulindeignxirid Facilities as provided in fmragraph6.26 and repairing, any damage thereto resulting horn the Wok. 4.3.2, Aron Shoan or indicated: If an Underground Facility is uncovered or revelled at or contiguous to the site which was riot shown or indicated in the Contract Documents, CONIRAt'TOR shall, promptly in mediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith {except in an cauergency as require) by paragraph 6.23), idenuh, the owner of such Underground Facility and E:3C'1?C'GEddEfIAL GUt3IN'170i351 s 19-$ 0999 Edition? n; pl"Y OF FORT COLLINS MODMICA'rd()NS fREV ds2tfti give written notice to that owner and to OWNER and ENGiNTFR. ENGINEfiR will promptly review the 2xlrrgroutul Facility and determine the extent. if y, In which a change is required in the Contract Lktcuments to reflect and document the consequences of the existence of the Uidergrotunl Facility, 14' E3GTNTER aruludes; that a change in the Contract Documents is required, a Wok Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such cotscquatecs. During such time, CONTRACTOR shall be resTxvisible for the safety and protection of such Underggound Facilittyy as provided in pamgra h620. CONTRACTOR shall may be allowed an increase in the Contract Bice or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Unidergrou nd Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been ted tobe aware of or to have anticipated, If OW msort CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as providod in Articles 1 I and 12, However, OWNER, FNGINEF.R and ENGINF,ER's Consuitamsshall not be liable to CONTRACTOR for any claims, casts, losses or damages incurred or sustained by rO*.NI'I'R_AC TOR on or in connection with any other project or anticipated project Reference Points: 4.4. OWNER shall provide engineering surveys to esiabliah reference points for construction which in FNGINEER's judgment are necessary to crable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect anti preserve the established reference Points and shall make no changes tr relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is last or destroyed or requires relocation because of necessary changes in grades or Icxatio st and shalt be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel, A.S. Asbestos, Pt.Br, Petroleum, Hazardous Ifni* or Radioactive Material: 4.51. OWNER shall be responsible for am Asbestos. ft" s, Petroleum, Ilayarckms Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Coranict Document.% to be within the scope of the Work and which nnay present a substantial danger to persons or lxtgrty c.>gwsr d thereto at connection with the Work t the site, OWNER shall not he reTonsible, for any such materials brought to the site by' CONTRACTOR, Suhconrractors. Suppliers or anyone else for whom CONTRACTOR is responsible � :`,�,_, ('d�I+dTkAbl rd�#1-imnlatiiataly--£t3-stup tiFl e. -r as - its-r�lwtadNuretcs-and-hinticar�-t<+ that -sutch condition -and any-alfeaaed-area is or has been t�erdered-._ apt};s.-.-four-.-d�-fieawr'tietr--af-_34'erlt; (ii) speeifying any -sp"l vendittt»asunder..wfuch welt 4Y3NTRA -fk*- to otttitlmttattk-tt>or as ftselt of zilch �liearle-ia-s�yead either -party -Wray-maize-a-claim- therefor -it- provided -in Artteles-� -1-443 tf 01is, reeeipt of suahwttNm-Warier 0ONTRAS-MR does-rot-affiet- nestutte-�teh-wodz noes not miitiaris,-then-E�Wl3BR-may .order .-suttit portion.of oo ntlition car-in-sueheiFeeted..aft .-to-be- deleted -from the_ tL'txk---ll' agree usto entitlement Kl or ihaamoxuu-er ematt Oran either pang'may Wrier e-+siaint-erer ss pravidcd ltt f)401 a..ogdte_WOftpartstm aWtdf�R'n--own fcucesor-oiltsrsinaucorahraae-with-rlrtic{e-� SM Rsgulstiot�--CiW'IvF.1��al�dl4-- imlomnify--std----lo1d harmless E �7i l f ifTAit __ ___ Suhsonurscta K officers, Motors;, _-ranpteyeas-n$ents, outer 4cnsultants and .subcontmcioas of each mid any of thetu-frmt and--egeietul 1-elasim--essis-}tr3vea-and own seghgtm_ 445� _ The-provri f-.petalyspbs 4-ao i-44era r>ot- xe+aledf tea spp to A , l�eookuna. Radian — or revealed 4-the site - Y;IC'f�{.'t}r;:;vI:4RA1. S'Ci tN7YiatiS 191(4 t199G6,400il u•: Ci rl` 4N Ft'�a'r CG1t,LIN& MCN?II'tCA'[T(7NS (RHB d.2aHY9) r' WffCLE 5--BONDS AND INSURANCE Performance, Payment and O&er Bonds: 5.1, OONTRACTOR shall famish Performance and Payment Bonds, tacit in an amount at least equal to the Contract Rice as security for the faithful performance and payment of all CONTRACI'OR's ob' it= under the (' mtmBench ct Documents. These shall remain in effect at least until me year after the date when final payment becomes due, except as provided otherwise byy taws cc Regulations or by the Cdrtnlct Luments. CONTRACTOR shall also banish such other Bards as are required by the Supplementary Conditions. All Bonds shall be it the firm prescribed by die Witmer Documents except as provided otherwise by Laws or Rogation and shall be executed by such surdies as are named in the current It% of "Companies holding Ctrtificatea of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurng Companies" as published in Circular 571 (amended) by the Audit Staff Bureau of Goverment Financial Openstiorns, US Treasury ftopanment All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act S,z. If the surety, on any Bow furnished by CONTRACTOR is declared a baT*mpt or becomes insolvent or its right to do business is terminated in arty state where any part of the Frgm is located or it ceases to meet the reWtfremenis of pauagraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, bath of which must be acceptable to OWNER. 5,3. Licensed Sureties and Insurers; C'erg6cates of /nsatance• 5.3.1. All Bonds and insurance required by the Contract Documems to be purchased and maintained by OWNER or CONTRACTOR shalt be obtained from surety or insurance companies that art duly licensed or authorized in the jurisdiction in which the project is located to issue Bonds or insurance policies for the limit,, and cxverall;es so required. Such surety and insurarwe companies shall also meet such additional requirements and qualifications as may be proved in the Supplementary Conditions, 5.3-2 CoNTRACTOR shall deliver to OWN A- with copies to cacti additional insured identified in the Supplementary Conditions certifwates of insurance (and other evidence of iasuranoe requested by OWNER or any other additional insured) which CONTRACI OR is required to purchase and maintain in aaxrdvace with rxinagraph 5.4. 43W,NBR:-stall dahver--lo...4`0NT;LW;T .,-With...00pias yo,...oRA additional.. insurtd-idcrnttliedl in„--tint--Fiupplementary 4-`draliLittnds-o,ertif isetev;-ut� inaanat+nee-(stud--otlwr oaf-insttntrwatayyusstcd k+ya:'9?�'t'-i��L:TOIt or-any--otlxs_.aaltiit al--t+avwtd--whlsia--)W?,WR--is new-*pith paarugraphs5,6 and 5.7hereof, COtNTR4CTOR's Liability Inarmnee., 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection fionn claims set forth below which may arise out of or result from CONTRACTOR's perfotmancc and furnishing of the Work and CONTRACTOR's other oblipfiois under the Cantroa Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or famish any of the Work, or by anyone for whose acts any of them may be Gable: 5.4.1, claims under workers' oninpersutto disability benefits and other similar employee benefit acts; 5-4.2 claims for damages because of budilY injury. occupational sickum or disease. or sib of CONTRACTOW% employees; 5.4.3. claims for damages because of bodily injury, sickttess or disease, or death of any person other than (7ONTRACTOR's tmployces; 5,4 4 claimer -for -damages, ,ins used by-m4emary tr ii>eiireet)-reMxd-tn theem}tlonnertt of such personby otherreosont 5.4.5, claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resultingtherefrom; and 5 4,6- claims for damages because of bodily injury or death of arty parson or property, damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5A to be purchased and maintained shall 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 4. atelude as additional nsureds (subject to any customary exclusion in respect of professional liability) OW.�IW ENCr1NE1 R. )vNGINdEEIcs Consttittmis amp any other pcmw s or entities identified in the Supplementary Conditions, all orwhoun shall be listed as additiotil insureds, and include coverage for the respective officers and employees of all such additional insureds; 5A.S. include the specific coverages and be written for not less than the limits of liability rovided in the Supplementary Conditions or required by Lativs or Regulations, whichever is greater. 54.9. include completed operations insurance; EJCIx'G4%'M,At, ,kX%1XJ10N3291eS(19w)Etlrfi4i aY C[7Y OF FORT i"x)IZ[h'ti &IOI n9 CA'f70h'S (af�; A�ztxw7 5-410. include contractual liability insurance covering CONTRACTOWs indemnity obligations under paragraphs 612, 6.16 mid 6.31 through 6.33; 5 4,11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to cacti other additional insured identified in the Supplementary t.`onditions in whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5A.12 remain in effect at least mild final payment and at all times thereafter when COKH" ACT(* mayy be correcting, removing or reptlacitg rkfrerive Wok in accoxdaitce with paragraph 13.12; and 5-4.13- with respect to completed operations insurance, and any insurance cover c written on a clamir-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary ('xinditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any, such additional insured of continuation of such insurance at first payment and one year thereafter). 00-firM4 Llabift Iaarraneer 5.5. In addition to insurance required u) be provided to CONTRACTOR under paragraph 5A, OWNER, at OW'NEWs option, may purchase and maintain at OWNER's expense OW'NEWs ram liability insurance as will protect OWNER against claims which may arise from operations under the Comma T>ocumenm Property Insamnee. 5-6:.----- -thei-SuPPIOnlanUITY Conditions, -OWNER- shall -. purchase. -said- -mamtein of- ittlE.rNplsOCmedit-Ga5E_ther30f_iSUbJQC1-to_such deductibleamountsus may -be--provided---in the SupPlefltertiwY--Careditiore gym-required--by--Laws--and Regulatiatrs ,-This-tasu acre shall: 5.i.1. awtude-- _the interests of OWl' 6R; rNC1Pmrn crtiities- identified -in -the Supplementary k�oMihoivi, each-ofwhunris deemed to #rave arrinstnabk-intere anal shall-4,e-listed as -are. nnsuredo aaklitixaxE-insured; 4 fit.? -be written -ter it Bt rkkY-s-Rr*- "all risk" --or art-paRl-tr-mac+itsl-c�aatas-c�lutiE-prrliuy--ft>nu-that =Mmk shuil��atF-least--ittcluclr-nsatat�ea-pkwaicel kss-or totha-W 'tenvpwl hall3mr�flwfiireinyk;st ifiat 0% lea t the--telinwrrtrg perils; itgbtm+g,--exteixfed .evstage,-t}wtt; vl�+t-and-mMwiaus-a�isuhia>;- oasioned lay-enf©wer sene a -of sews -end Regtdetiotts S:b3:,analudr ereFeevyes-.i��urracF.-in.._the rc}teir--ax t�piawsm�tt of atty i+u�red pr�Hi`{inslixlir>�-bat-not mriFtitecus}; cx-af-at+atheFle>artiflniFwt-was�sgF+eect� in-wratiagg-lty }xov thatsuchsuch matermis andequipment have been jneI 'd roam Appplieatiefr Fheym by-&+tf3R"R,ard SAGA. --be main aimed-in_eiteet..-tuetii. fumd-payment. s made Unless —A .- written --twe to eaeh_other-� iomal +etsurod irr�tswnee-l+as-gym isstaxi. s,:7,_..-._-{)Wi�WR shall.fwthas and maimairr-Awh-boiler 'may -be re red -by thr-SWeF>tame+t{MY-Conitaii ty-or D*DI W,—C'.cmultaraaandmyother-personsorentitim iS deemed tm Itavean-Imtrable interetaandslsa8 be kstedas maitaaiteEt by-OW'+lM in Timm owe, -with C �varag� afl'ordadwt}1-nut--he--eruf¢elled--w'-metatiaNy ehaz or�enrrval-roFtesed wHal at (east-dtir s s'-prior written -notice -_hair---been--given to .-4WZand CON+Ri 1 iR and to eachd to whom -a wFti wme-of 4niairamee-has been-iseuedand will oomait___vm_--provtsic"ns in---ac nee--vith ra*q"ph 4} 5,9 OWNER stall not be responsible for rauchasutI and maintaining any ppr� �pperty, insurance to prate¢t the utterests of ONTR CR R, Subcantrartxs or others in the Work 4a 14 extent -of any deductible ammar" thFA are ideraitiod-in the-SuppItmaitary Cmhtiorts: The--ridC of Ity StTCxeR,-Stww«kttu-cx-oiim8-may such -kns-and-+f-any._of them- wishes- property- i vwanw covemge witlin-_the.. liiaits. ofsuch mount -ouch may pteFahas&and-mauaarn..EtaF-the-pwc%h;kser'Stavrt-ex}revre. ?.ICt ll-t'4S�i11._�Ll}(3R-reque,;ka asi *rHtng tMu-c+ther '-:� acial-saskaimea+ -be-Ire ikNlef t-4r�r},t�he"'prs�psxy-itutKamscr }h?bvll5'.'pI$KIdCd...UiidOf-.}1flr9�jiUF F�a�$-�F.v�.�•r `'t�N�a sI1aII--+f--�iRggFl�,-;ttielttE�`"""aleti'ttl�kFallt,e;"'flmd�-ihe-"6fNsh . ` 'v'TRr�TE3R-b}=appraprtaie Change -Order or- Written --amendment-- Prior --to 10 Edt IM Gi;�`L'[t.At,((A1e"I'IG�^'S IR10.80�30!"�th6um} w, F 771 OF rCNtt 1 09.iA'4`i M(Dn-tt'A110NN (REV V?009) wmnwwmm"4 iha-Wwk,,at C}m-- dl--m ins MUI has beeaproaued by OWd+ W 31-a.:-f:--0WP4 1 C ON-rRAO Ok ititend that sll poliaufs}tttrelmodann-a�eiatwr-with, paragraphs," Sutwthadem,-- fi"NEER, -._._. �Rs 14B.- and all other pe OF NLvareds-ar-additiama t-irwa refk-srt.stch... aoliaies- and fnrxuthanta amcl aN dher {+ersarrr ar araiti�a darttiftad �rahtaHerestx tD.w.esand-damages-so-caused _-Nome-of-that e makutg nrch...waiver....may hwe..to ttw1w payable under any polmy %v issued: §-1-I=2--l+rr-additie»t; �}C--wrtivua-a11-�gfatR F3iCl�VE'=FiEE—ETiFi: �:`s' €i's-c`�tt}�t�t--aid--the a�eers; �ireett>r�-entpiecaas�-ngerNs-s�4�any�' them. far � I-k-�-F ---�ee°tobwimv�silMertnptie+rc foao of._-+tee-m Wwranistquential }om extending beyond- daeet-phyfamt --loss- ax -damage--te arlsi>g otn of or-restdtitt$ fronrfire-«sr-Other pent, whether or not -mired byOWNER, -and :.,.+1 irk:am3rtc�-}+okitiaafitatuimad-by-F}41'Nr'#-sxwrrirg ar1}"l�. tab'-f }fttage{N-tiaFi66'l}FIe43ttFll lk?Sfi-4MftlH18tlEi-ffYai-{his pamgmptr4-h I-�-shall aamam-I�rori+iaarg-totha-et%�t-that vz3ttsctatuemial-loss (be insurer,, willhave.no nghts-of reatw�y-irtet arw-ol-('C)i�F#'�,��tlfi;-i'trbcertFraetors: directonf. employees tmd.agents afwty..of Utan: Receipt and Application of insurance Pr oceei 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 53 will be adjusted with OWNER and made payable to OW'NI1R as fiduciary for the ursureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5,13, OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the patties in interest may reach if no other special agreement is reached the damaged Work shall he repaired or replaced. the moneys so received applied on account thereof and the Work mid the cast thereof covered by an appropriate Change Order or Written Amendment. 5.13. OUNNER as fiduciary shall have power to adjust and settle any lass with the insurers wilms one of the parries in interest shall nbjxt in art'u� within Giteeri days after the occurrence of loc.;to OtU lk's exercise of this power. If such objection be made, OWNER as fiduciary shall make sculemerit with the insurers in accordance with such agreement as the parties in in, st may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust mid settle the loss with the in."as a merest,-OWNFA as ucatry--shah-ghee-bond for -the Acceptance of Boxdr and Insurance; !Option to Replace: 5.14. If t C)W'N _,R has any abjection to the coverage afforded by or other provisions of The Bonds or insurance required to be purchased and maintained by the ether —may- CONTRACTOR, in accordance with Article 5 on the basis of nun-coniorinance with the Contract Documents, the orb*ninft party shall ver tify-tire other -pansy OUN.I TR will n ottf S 2NTk3FN(7jQ9 in wrifu ; within tern iifieon days after reeeipt delivefy of die certifficates (or -other- valence requested) to t)t}?IN is required by pamgraph27. (?14Nfik-and 6-(>?"d•ttFFf ilia oilier --such additional -infimmatiar-in respectof insurari pmvKkd an the other -may -reasonably -request, If emlair pafty- -net liurehese-ormatmainrell—ofAW-Borala'and inistarmee- regitwol - of , such . fatly , by the, . Contract Doeumenw, --suck--party-shall- nut4, -the -other tarty in writing -of such -failure to-pufohase,-prior-to-the start, of -the the-requackl-ms3 yotlnet-rigla or-romedy-, tie- other- party -may -alets-tu-obtain- equivalent . Bonds or insurance to prowet-s di cth v-part s -int rests at the -expanse of the-p arty -who -was recpt+irecl-Nrprovidr-stwh waver .ttsade,.Elame-EkciarshaNd-isssuv1-toy adjust the Cortr adi Jl -€ere aeccrdtngly, Partial IRiliunion-Properrr Insurance: 5,15, If OWNER fords it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCI)C Gd"I}t;}t:U. (Yhtit)1'nUN5 t'J I O-R (t 9Yn E€kniosel ic, (TTY FlH h'�Iir ro;3l,n.l iv"tLM�31ai9q'A fiU?75 (a11- dnGVCa Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.Itt, provided that no such use or ooxtnpaney shall coxtimence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy_ ARTICLE 6.-CONTRACTOWS Rk SPONSDRUTIES .%gwildon and &perdnteadenee: 61 CONTRACTOR shall supervise, inspect and direct the Work competently and eaciently, devoting such attention thereto and apply* such skills and expertise as may be noorescny to perform the Woe$ in accordance with the Contract Documents. (',ONTRACT0R shall be solely responsible for the means, method-, techniques, sequerKsm and procedures of constriction, but CON 3TRACTOR shall not be. reslnmsihie tar the negligence of others in the design or specification of a specific means, method, technique, sequence or procecluee of construction which is shown or indicated in arid expressly required by the Contract Documents. ('ON,rRAC'f0R shall he responsible to see that the completed Work Lomplies acc.'urately with the Contract l.h)cument. G.Z. CONTRACTOR shall 4ep on the Work at all times during its progress a competent resident superintendent who shall not be replaced without written notice to OWNER and INGTNEER except tinder extraordinary c¢cum sun a es The superintendent will be CONTRACT(:)R's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as buudirig ,is if given to CONTRACTOR. Labor, Materials and Equipment: 63_ GCwrRACTOR shall provide competent, suitably qualified personnel to survey, lay out and cvnstni t the Work as required by the Contract fAvuments. CONTRACTOR shall at all timesmaintain good doctipline and order at the site. Except as otherwise required for the safety or protection of persons or the WS Ao k or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Iiocuments, all Work at the site shall be perfumed during regular working hours and C'ON7'R4CTOR will not permit overtime work or the p erfonnance of Work out Saturday, Sunday or am, legal holiday without OWNER's written consent given after prier written notice to ENOME.R. CONTRACTOR shall sulxtiit rc costs to the E�vGpaTI3R m less than 43 hours_ in advance of„any Work to be pcffQqpg(Lc9.SAqda;Sunday, Hadidays or outs qk the !_tegtnlxr lYoirktt�Elgxrrs r 4, Unless otherwise specified in the General Requirements, CONTRACTOR. shall furnish and assume full responsibility for all materials, equipment, labor, transpcstntitn, ainstntction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, temporary facilities slid all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work, A,_i_......_'uccltfl ..._R l% ;.__.._.0 L AL Olt mush comply with the0iLes,,.purchasing restrictions, A c v of reelare a p ' bl i the offices of the Purchasing and Risk Mmiligingrit Diviskas or the Citv Clerk's effice. 6AZ Cement Restrictions: Cay of fort Collins Rcsolutior191-121 requ res that sgpplieis reel I r xlucers ni.cement._orprgducig._containing..c_etttetu_to_certi that the cement was not made in cement kilns that bum ha7mdous.waste asa fuel 6.5, All materials and equipment shall be of good quality and new, except as otherwise prcwided in the ('enact Doeumerns. All warmraies and guarantees specifically called for by the Specifications shall expressly run to the benefit of ORrNER. Tf required b!' fNIGITNEER, CONTRACTOR shall fumM satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment, All materials and equipment shall be applied, installed, canna, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the ContraetDocnments. Proffers&*erlute: 6,6, CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below. 6.6.1. CONTRACTOR shall submit to ENGIINLER for acceptance (to the exiem indicated in paragrap62.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones), Stich adjustments will conform generally to the progress schedule then in effect and addifta ally will comply with any provisions of the Gone I Requirements applicable thereto. 6.62 proposed adjustments in the proecss schedule that will charge the Contract Times (or Milestones) shall be submitted m accordance with the requirements of paragraph 12A Such adjustments may only he made bS a Change Order a Written Amendment in accordance with Article 12. 6.7, Vubslihnesand"Or-Equal"Items: 6.71. Whenever an not of material or equipment is spiccified or described in the Contract Documents by using the tame of a proprietary item or the name of a liartictilar Supplier, the speeifiamion or description is intended to establish ill- type, function and quality required Unless the specification or description 12crtc'<rk t o�t�eno statosttsst�t nut w t171"t1F FClRI U1l.Ln hS MC�tFtCA71cYaS tRI:V-0,`?Q(Ial contains or is followed bywords; reading that no like, equivalent oa 'or -equal" item or no substitutitm is permitted Other items of material or equipment or material or equipment of other Suppfiers may be accepted by ENGdNEER under the following circumstances! 6.7.1.1. `Ur -Equal" If in LNOINEER's We discretion an item of material or equipment proposed by CONTRACTOR is functionally equal u> that named and sufficiently similar so that no change in related Work will be required, it may he considered by kNGINEFR as an "or al" item, in which case review and approval of the prop red item may, in FNGINFFR's sole bscretinn be accomplished without compliance with some or all of the requirements for accepptance of proposed substitute items. 6.7,1.2. Substitute Items. If in 040INEER"s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or —"al" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow FN' i1NFER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the Geneml Requirements and as FNGMER may decide is appropriate tinder the circumstances. Requests for review of proposed substitute items of material or equipment will not be acceptai by FNGINEFR from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment CONTRACTOR shalt first make written application to HNGI EFA for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called fix by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent it' any, to which the evaluation and acceptance of the proposed substitute will prejudice CONI'RACTOR's achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work will ware a clarce in any of the Contract Documents (or in the provisions of any other adored contract with OWNER for work on the Project) w adapt the design to the proposed substitute and whether or not incorporation, ca use of the substitute in connection with the Work is subieet to payment of any license fee to royalty. All yanalions of the proposed substitute from that sped icd will N identified in the application and available maintenance, repair said replacement .service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly £rain aoxeptarice of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the CC(substitute. 13NGR4EER may imuirc without timz subcontrac}. The 21) Derevrit reaturemen TOR to furnish additional data about understood to refer to the Work the value of the proposed substitute. w ch totals not less thin 2erccnt of the Contract Brim, 67.1.3. CQ.,V7RALMR.v Expoue.- Al data to be provided by CONTRACTOR in support of any 6,82. If 41* --- Soppkma4my- Cawkitions itiddLng proposed 'Gr-equal' or substitute item will be at 11qMmems require the identity of certain CONTRACTOR!s expense. Suboontranton, So airs or other Persons or Org linov, ttxvA: who are to famish the 63.2. Substinite Constritcoon Aieditkb ar ipull items of materials or equipment) to be Prorethires: It ,a ific means, method technique, re submitted to OWNER in --cif Df the .ipecified seqod of construction is shown of " prior to the Effective Date of the Agreement for I indicated in and expressly raptured by the Contract acceptance by OWNER and HN(rINEHR, arid if Exicumerd%, (70NTRACTOk may famish or utilix, a CV44T3iAQ -14*4weof -in substitute means, method, tochinique, sequence or uW0141100e. with the- Supplimieftary Qgidilierv;4 procedure of construction acceptable to ENGINEER. OWNEWs or ENCsIN%LWs acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow IiNOYINMR, in ENUINEMs sole discretiort, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Docamcras) of that expressly- called for by the Contract Documents n4w-w-off pew -or The Procedure for review by ENUINENK will be Ofg8m,to be r+sMzikv the similar to that ptiwided insubparagraph 6 7A 2 low, aubmt as) 6,73, Frkpneei's Fvaluation: FK(UNFER will be fteelfthle 'milwatte," qW-Q*Wftc1- Price will, IV allowed a reasonable time within which to evaluate aellt diFTcres+se in tie �sE--caea5ionecl-by each proposal or submittal made pursuant to suoh subsitution -arid an -appropriate- (Ivfto -Order fiaragraphs 67 1.2 and 6.7.2, LNG MERwill he the Will be will sole judge of acceptability, No "or -equal" or constituter C91NI11 IIQR of- lb�, 4ct_!�eqylljn substitute will he ordered, installed or unlrzed without use of the named suhrbmroa us su }terms other l'1,NGVN1iH'R's Prior written acceptance which will he pqns_kwor organbmjion anVork unless or evidenced [�, either a Change Order or an approved _ _the Shop Drawing OWNER may require HNGINEUR No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTOW.9 i-Ndtdtkofany such Subcontmaor, Supplier or exTense a special Performance guarantee or other other fVMn or organization shall Muni to a waiver suety witli respect to any "or�cqual' or substitute. of any right of OiMEP or ENOINEER to rcitot ENGINEER will record time required by ckfecitve Work. ENGINfiRk and HNGINEER',s Consultants in evaluating substitutes proposed or submitted by 6_91 CONTRACTOR pursuant to Paragraphs 6 7 1.2 and 6,7.2 and in making charges in die Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct (AVNER and ENGINEER fix all acts and catssions contract with OWNER for work on die Project) of the Subcontractors, Suppliers and other persons occasioned thereby Whether or not ENGIINMER and organizations performing or fininishing any of the accepts a substitifie item so proposed or submitted by 'Work under a dirm or indirect contract with CONTRACTOR. CONTRACTOR shall reimburse CONTRACTOR just as CONTRA(70R, is O%VNW for the charLyq of ENGINEER and responsible for CONFItACFOR's own acts and ENUTN*E-FR'3 Consultants for evaluatiri each such craissions, Nothing in the Contract Documents shall proposod'subrtitute Arm, create for the benefit of any such Subcorttracioff, Supplier or other person or orprumnon any 6.8. Concerning Subcontracton, Supplien and contractual relatiomdup between OWNIR or Xth-en ENUINEER and any such Subcontractor, Supplier or other person or uganization nor shall it create any. 6SA COINTRACIOR shall nor employ any obligation on the Ivirt of OWNER or EINIMNEER Subcontractor, Supplier or other person or organization pay or to we to the pamend of any moneys due any (including ftsc acceptable to OWNER and such Subcontractor, Supplier or other person or LNGENELR cis indicated in paragraph 6-8,2). whether orgaroyition except as may otherwise be required by initially or as a substitute, against whom (_)VVNIR or Lawsarki Regulations, qN.4 . _K iputy IN(.')TNEF',R may have reasonable objection furnish to any subcontractor. supplier or other persTn CONTRACTOR shall not be mquired to eniploy any �K_AgWU_aD_'x' , e-V _Jkr_�_A —Emo—w-Its- RaidtoSuIxonwactor.5upplier, cir other pervon ororearnation (,',ONTRACfQR in accordance with to furnish or perform any of the Work against whom L1At_12Mfor _bY_w0C, CONTRACTOR has reasonable ohjection, 1904 09',-) 8.dittm) I IV) My 111"0 6-9.2 CONTRACTOR shall N solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and alter persons and organizations performing or furnishing any of the Work Lander a direct or mdrect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and orpr attions performing or furnishing am, of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing its; Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 L All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an a rcgriate agreement between CONMACTOR and the Su raraclot or Supplier which specifically binds ile Subcontractor or Supplier to the applicable terns and cnnditicros of the contract Documents for the benefit of ()N"NFRandERG1NHbR, Whaneverany suehagrcement is-Witlr-a--W -of additional- nsuraxl-ore the y�rupeity-inaartnee-provided-in ptrrt+gtagtits3 e--err—S-7;•..-the MkIT 2AC3.OR--and- ilia- Srubeamactor tr.-Supplier -will I NfrlNEW -E tall+Q1 R's-_Consultants ._and all -.other aris�wt� ar+'esul2ir+g-boat-any-�£ iheperils eerverred-try the Wolfe- lf- ilia -insurers -on. any -such -policies -require rupplirr; 4,t Ai l=41 ' Paten Fees acid Ropities: 6.12- CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or Ue incorporation in the Work of any invention, design, process, product or device which is the subject of patem rights or copyrights held by otters. It's particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of ttte Wort: and if to the actual knowledge of OWNER cr ENGLKEER its use is subject to patent rights w- oopyrights eMling for the payment of any license fee or royalty to others- the existence of such rights shall he disclosed by OWNER in the Contract Documents, To tote fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OIV;NHRl l NOINEER. l NGINF ER`s Consultants and the officers, dree°tors, employees, agents and other consultants of each and any of them from cant against a9 claims, costs, losses and damages arising out of or resulting from any intrutgemerit of patent rights or cc lyrights incident to the use in the performance of the Work or resulting from the incogwratiom in the Work of any invention. design, process, product or device not specified in the [:contract Documents - 14 FJCllC U62.:ItAi d'V2stYTlCtS tYt4-S i,1sY�n ii�kuu,t �e�i (l ll (?F FClR7 COt.LINS MCri)Irtt �4IlQhS (RI V 4R6an) Permits: 6.13. Unless otherwise provided in the Supplementar} Conditions, CY�NTRAt`TOR .shall obtain aid pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees nevessary tier the prosecution of the Work, which are applicable at the time of open of Bias, or, if there are no }aids, on the Effective Dateopening the Agreement. CONTRACTOR shall pay ail charges of utility owners for connections to the Work, and OWN13R. shalt pay all charges of such utility owners for capital costs related thereto such as plant investment fees, &14. LarnvsandRegrrladans: 6.14.1. CONTRACTOR shall give all entices and cmyy with all Laws and Regulations applicable to furruslurg and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shell be responsible fir monitoring CONTRAC'fOR's compliance with any Laws or Regulations. 6,14.2, 1f CONTRACTOR perfumes any Work knowing or having reason to know that it is contrary to laws or Regulations, CONTRACTOR shall beau all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall rut be CONTRACTOR's p6roary resflonsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of (-0k4TRACTOR's obligations under paragraph 3 3.2, rrt??411 6,15 CONTRACTOR stall pay all sales, consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the Work. 6.15,1. OWNER is exemyx_Ir Colorado State aild bell §ales ion use_ taxes on_,.matcrtais to be pxrmarpently traxxporated into the project., Said tares 5hati not be utcluded to the t eiiH[auK Fierce, .�ddress; Calcaaclo rtment atRcventrc Stag C'apiml Armed 1375 Sherman Stregt [hirer Cgltsadtr, &fti�l. Sales and Use 7 axes _ for the State of Colorado — ---- lte tonal Trans rlatiu 17 id TD and certain Colorntia mumies are collected by tits State of Colcmado and a;e included m the k 'crtific diem, _ef Gieniptran. .l wholrle_Snies a i faxf* wht State collected taxes), many gems other i _n coristruc ion and buildina materials phvsicapv iptcor crated unto the �meet �arc to he t}g`d by C(INfRACTOR and are to be included in autxmark bid items, lire of Pretulsew 616. CONTRACTOR shall confine construction equipment, the storage of materials and equipment andthe ct �taatim of workers to the site and land and areas taco fled in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations, rights.of-way, permas and easements, and shall not urrensoably encumber the premises with construction equipment or other materials or apuipment CONTRACTOR shill assume full roperosibility for any, damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting Cr mt the psiertbmiance of the Work. Should any claim be made by any such owner or occupant bemuse of the performance of the Work. CONTRACTOR shall promptly settle with such other pane by negotiation or otherwise resolve the claim by arbitration or ixher dispute resolution proceeding or ;t law. CONTRACTOR shall, to the fullest LAM permitted by Laws and Regulations, indemnity and bold harmless OW':NM , ENGINEER. ENGLNJ ER's Consultant and anyone directly or indirectly employed by arty of them from and against all claims, costs, losses and damages arising out of or resulting from any, claim or acboric legal or equitable, brought by any such owner err occupant against OWNER, ENGINEER or any other party indaunitied hereunder to the extent caused by or based upon CaNTRACTOR's per formmtce of the Work, 617, During the progress of the. Work, CONTRACTOR salt keep the premises lice from accumutaticros 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 dcbris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRA(CONTR.A( , '170k shall leave the site clean and ready for occupant by CbW'? ,R at Substantial Canpletion of die Wok CONTRACTOR shall vesture to original condition all property not designated for altemhon by the Contract Documents 6AS. CONTRACTOR shall no head nor permit any rArt of any structure to tw loaded in am manner that will enclanger the structure, nor shall CO:vrTRACTOR subject any part of lie Work or adjacent property to stresses or pressures that will endanger it Record Documents: 1r.K't�e GC^'i1i:V, ("tdht)!at 0"."i a `� 1 d-rt tr 9!� nettiriw? ev: <1T}' ('iF Fr1RT iY)Lt.i A"4 L1L anlFt Fd770ti3 t$F_'4 9�%1(M1) 6.19. CONTRACTOR shaIl maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to EbSGMER for referatee. Upon completion of the l4txk, it poor [u_ release of fetal paymerq thous record documents. Samples and Shop Drawings will be delivered to FNGINRFR for OWNER. Safety andYrateclion: 0.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Wok. CONTRACTOR shall take all ricaecsary precautions 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; 6202, all the Wart mid materials and equipment to be incorporated ated therein, whether in storage on or of the site, and 6-20.3_ other property at the site or adjacent thereto, including trces, shrubs lawns, walks, pavements, roadways, structures, utilities and Underpmrid Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body, having jurisdiction for safety of persons or property or to protecA them from damage, injury or leas; and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of under ouad Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation kind replacement of their property All damagv, injury or loss to any, property referred to in paragraphs 6.2R.1 or 610.3 caused, directly or indirectly, in whole or in part by CONTRA( TOR, any Subcontractor, Supplier or any, other person or oigariavation directly or indirectly employed by any of them to perfam err fumish any of the Work or anyone for whose acts raw of thern may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of M"NER or ENGINEER or ENGINIER's Comultant or anyone employed by arty of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in park, to the fault or negligence of (COINA 1CTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR'sdutt sandresponsibflinesfixtine�kifm, and protection of the Work shall continue unfit such time as all the Work is completed and Ftitr1N FFR his issued a 15 4.0 Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 12/03 Section 00100 Page 2 notice to OWNF.:R and CONTRACTOR in accordance with paragraph 14 13 that the Wiitk is acceptable (except as otherwise expressly provided in connection with substantial ( ompleti n)_ 6.21. Safety Representafive: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents taus the maintaining and supervising of safety precautions and programs. Hazard Communication Pi-OgMms: 22 c ,"rRACTOI2 shalt be responsible tie coordinating any exchange- of material safely data sheets or other hazard communication information required to be made available to or exchanged between or arnong emplavers at the site in accordance ivth Laws or Regulations. P: taergend a: 623. In emergencies affecting the safety or protection of persons or the; Workor property at the :ate or adjacent. thereto, CONTRACTOR, TOR, without special instruction or authowation rani OWNER or EMOINEF,R, is obligated to act to prevent threatened damage, injury or lass. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR OR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER detemhincs that a change in the Contract Documents is i Nuired because of the action taken by CONTRACTOR in res, xnw to such an emergency. a Work Charge Directive or Change Order will be issued to document the consequences of such notion 6.24. 47top Prarr ingA and Samples: 6.241. CON rRACTOR shall submit Stop Draw'intp to ENt3INEU,R for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9) All snbmim ils will be identified as ENGINFER may require and in the number of copies specified 6 the General Requirements. 'rhe 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 ENOMMER the materials cmd equipment CONT'RAMOR psxm ow,% to provide amt to enable R%fNEER to review the intiNi"ation for the limited purpose's ores requred by liaragraph 626 6 24.2. t'(A'[RA(1'TOR. shall also submit. Samples to L\G13VEER for revicw and approval m accordance with said accepted schedule of Shop Drawings and Samph: submittals. Tiach Sample will he identified clearl}, as to material, Supplier, pertinent data such as calahag numhen and the use for which intended and othxrwisc as FN;GN'F,1 R may icquirc to enable H*N0INfiER to review the submittal for the limited Ito iiJe I){ �6D.h'RAGt ONtyttIONS 191.1-311990 E(An,mt tin- e I t t OF FEta rti t1LrdN., StUllll il7h1lOV5 (RL4'+V20e00) pxirposes required by parapph6.26. The numbers of each Sample to he submitted will ire as specified in the Specifications. 6.25, Submittal Praeevbrrrs: 6.25.1. Before submitting each Shop Drawling or Sample, CONTRACTOR shall have determined and verified: 6,25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog riurnbers and similar information with respect thereto, 6.25.13. all materials with respout to attended use, fabrication, shi handling, storage assembly arnf immstal tion pertaining to the performance of the W ork, and 6.25,1.3 all information relative to CONTRACTOR's sole res orvibilfttes in respect of means, methods, techniques, sequences and procedures of construction and safety precautions tuid protgrams incident thcreto, CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Word and the Contract Documents. 6,25.2, Lach submittal will hear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACCTOR's obligations under the Contract Documents with respect to CO+ITRACTOR's review and approval of that submittal. 6,25.3. At the time of each submission, CONTRACTOR shall give RNGINELR specific written notice of such variations, if any, that the Shop Praw,ng or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written commtwication separate from the submittal; amt. 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. 526 ENGINEER will review and approve Shop Drawn s and 1nnples in accordance with dit schedule of Shop wings and Sample submittals accepted by FNGp\i ER as required l)} paragraph' 9 ", GMJMRE s, review and ar4iroval will he only to determine if the items covered by the submittals will, alter installation or incorporation in the Work. conform to the information given it the Contract Docurents and be compatible with the design concept of the completed Pco1 ct as u functioning whole as indicated by the Contract Documents. ENCYINEFiR s review and approval will not extort to means, methods, technique sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of con-ftdion is specifically and expressly called for by the Contract Documents) or to safety precautions; or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACT OR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous subniusk 627- ENGINEYW, review and approval of ShIx�p Drawings or Samples shall not relieve CONTRAC7TOR Cron responsibility for any variation from the requirements -if the Contract Documents unless CONTRACTOR has in writing, called ENGINEER's attention to camh such variation at the time of submission as required by paragraph 6.25.3 and ENGLN'EER has given written approval of each such variation by a specific written notation thereof incorporated in or aecompanyirg the Shop Drawing or Sample approval; nor will any approval by FNC?INEPR relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 623 1. 625. Where a Shop 17mwinp, or Sample is required by the Contract Documents or the schedule of Shop Dewing and Sample submissions accepted by ENGINEER as required by fwriaa��aph 2 any related Work performed pruir to I NCIINEER•s review and approval of the pertinent submittal will be at the sole expense and reTonsibihty of CONTRACTOR, Continuingthe Wtw*. 6.29. CONTRACTOR shall carry, on the W(rk and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permined by paragniph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.3& CO3VTR4CT'0R's General Warranty and Guarantee: 6,X1. C'ONTR_ACfOR warrants and guarantees w OWNER, I7NGINKLR and ENCr1NEER's Consultants that all Work will he in accordance with the Ccmtrnct Documents and will not be &fe«ttt'e, (",O'vTRAC TOR's warranty and guanmtec hereunder excludes delects or damage caused by: 6.301.1 abuse, modification or improper maintenance or operaticm by peraori s other than C ON'TR.ACTOR, Subcontractors or Suppliem or 630.1.2. normal wear and tear under normal usage. 6.30.2 00<NMVIOR's obligation to perfx-m and aamplc^te the Work in accordance with the Contract Doc'urnents shall be absolute, None of the following will constitute an acceptance of Work that is not in accordance with the Contract Docutnents or a release of CO1vTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 630Z L observations by F3NGWER; 6.30.2. recommendation of any progress or final payment by ENGINEER, 6.3D 2.3. the issuance of a certificate of Substantial Completion or any payment by OWh1ER to CONTRACTOR under the Contraet Documents; 6.30.2_4. use or occupancy of the Work or any part thereof by OWNFR2 6.30,23. any acceptance by OWNER or any failure to 4) so, 630,2.6. any review and approval of a Shop (hawing or Sample suhmittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413, 6.30.2.7. any inspection, tc.A or approval by others; or 6.30-2.8. any correction of defective Wok by O NIER. Indemnifnratiaw 63L `to the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OVVNI R, ENGINEER, ENGINEER'-, Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, casts, losses and damages (including, but not limited to, all tees and charges of krigincers; architects, attorneys and other protessionals and all court or arbitration or ether dispute resolution costs) caused by, ansing out of or resulting from the performance of the Work, provided that any such claim, cost, lass or damage: (i) is attributable to bodily injury, sickrim, disease or death, or to injury to or destruction of tangible pro (other than the Work itself), including the loss o resulting therefrom, and (it) is caused in whole or in part by any negligent act or emission of CONTRACTOR, any Subcontraefor, my Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of die Work or anyone for whose acts any or them may lx liable, regardless of whether or not caused m part t�n}^^ any negligencc or dmt ission of a person or aitity uk irmmifned hereunder or whether ltabihty is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 631 In sty and all claims against OWNER or PV1011MEER or amp of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CO ITRAC:TOR, any Subcontractor, any Supplier, any person or orgam7Aticn directly or induecily employed by EJCIxc:' d,Ee tExN. ('i:eNIA110N3 a 9 t oil (I M kuiavi) 17 del07'YOFFe)R1 e'S)LIA Sitf)t)CFi('A'itd)N5 (12fi.Y 9r20M) any of them to pert'onn or furnish arty of the Work or anyone for whitw acts any of thorn may he liable, the indemrtifictitiun obligation under paragraph6,31 shall not be limited in any way by any limitation wit the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organiratxon under worktne compensation acts, disability benefit acts or other employee benefit acts 6.33. The indemnification oNigatiuns of CONTRACTOR under panagniph6.31 shall not wdernd to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents abused by the professional negligence, errors or omissions of any, of them. Surwnal ofOblfgatfoxs: 6 34. All reptcsentations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and term inadon or completion of the Agreement, ARTICLE 7--OTI-IFR WORK Related Work at Site: 7.1. OWNER may pen form other work related to the project at She site by OWNCER's own forces, or let tither direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such otter work is to be perfcxmed was not noted in the Contract Documents, then, (i) written notice thereof will be given to CONTRACTOR prier to starting arty, such other work and (h) CONTRACTOR, may make a claim therefor as provided at Articles 1 I and 12 if C ON'£R1C"TOR believes that such performance will involve additional expensc to cuN£R FoR or requite.; additional time and the parties are unable to agree as to the am cant or extent thereof 7 2 CONr'£RAC£OR shall attird each other contractor who is a patty to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional wok with OWNER`s employees) proper and safe access w the site and a reasonable opportunity fox the introduction and storage of materials kind equipment and the execution of such other work mid shall properly camcct and arxdinatc the Work with theirs. Unless otherwise twovided in the Contract Documents. CONTRACTOR shall do all cutting. fitting and patching of the Work that may be requinvd to make its scweral parts conic together properly and inteate with such other work. t,ONTRACTOR shall not endanger any weak of others by cutting. cxwvahng a otherwise altering their work and will only cut or alter their work with the written consent of ENOI SEER and the others whose work will be affected, The duties ;and resIxn ibdmes of C'0NTRAC££0R mtdcer this paragraph are for the benefit of such utility owners and other a7ntmu10s to the extent that there are tdimptra'ole 1$ EtCI>t 4h NtiK;SL S�','e`F2r'tlti'^�S t�t.i-x il94o Ee4ua�l w (7 11 OF kCrRT F CH.LIN1 Dttnilrld-A ❑01k4 �RL4'dP_tNYDj provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of COI+ITRACTOR's Wort: depends uppwont work ppc�xftixmed by others tinder this Article 7, CON-rRAC1 OR shall inspect such outer work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of ('C 7RAC'TOR`s Work. CONTRACTORs failure so to report will constitute an noceptanxe of such other work as fit and proper for integration with CONTR4CTOR's Work except for latent or nontpparent defects and deficiencies in such other work, C.aordlnarion: 7.4 if OWNER contracts with (then for the performance of other work on the Project at the site, the fallowing witl be set firth in Supplementary Conditions: 7.4.1the person, firm or corporation who will have authority and responsibihty for coordination of the activities among the various prime contractors will he identifteok 7A1 the specific matters to be covered by such authority and responsibility, will be itemized, and 7.43rho extentof such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditiors, OWNER shall have wale authority and responsibility in respect of such coordination ARTICLE S -OWNER'S RENMNSIBUHIES 8.1, Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACT OR through LNG M ER, 8.2. In case of termination of the employment of I NGIIEER, OWNER shall appoint an etngineer against whom C4)Ai?}It1rTOR--rides; ate reaaoable-ebJrelima whose status under the CwAmct Dowments shall be that of the former ENGINEER 8_3. OWNER shall furnish the data required of OWNER wider die Contract Documents promptly and shall make payments to CONI`RAC;"l OR promptly when they are due as provided in paragraphs 14.4 and 14 13, 8.4. OWNER's duties in respect of providing lands mid cusctmcnts and lnovidmg engineering surveys to establish reference points are set forth in paragmphs4.1 and 44. Paragraph4.2 refers to OXVATiR's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions as the site and drawings of physical ooxfitions in existing structures at or contiguous to the site that have been, utihnd by ENGINEER in preparing the Contract Documents. tiorthin-pamgrophs 53 through _5 to, 86, OWNER is obligated to execute Change Orders as indicated in paragraph IOA. 83 OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13,19 and 1.5,1. Paragraph 15.' deals with 0%NERs right to terminate services of CONTRACTOR under certain circumstances. 8.9 The OWNER shall not supervise, direct or have control or authority over, nor be responsible fix, CONTRACTOR`S means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRAC TOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONfRAC rOR's failure to perfonn or furnish the Work oh accordance with the Contract Documents &19 -OWNER-•,,responsibility _in...rvgwA_ ofundwksed :54bactas,—E?<=f3s Petratlauret-- Radioasive Materials uncovered at the site.. is set-tnaharph-t-i- C?47h�l�.ht='CttR l arrangements -Have.,-beat made --to _-s y_,OWl EW.5 responsibility-in-rrvaxet-hereof ivlL lie as-sef-fire# iiv the Supplementary -Conditions. ARTICLF 9-F,YGTNFF.R'S STATUS DURIING CONSTRUCTION 0WN£R's Representative: 9.1 FNGMT-Elt will be OWYERs representative dtaka the construction period. The duties mid responsibilities and the limitations of authority of FKGl\TFR as CANNFR's representative during constructicxt are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGIKI+R_ E isits to &(e: 9.2. ENGINEF,R will snake visits to the site at intervals appxo�mate to the various stages of construction as F 3C LNEFdi deosr s necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC:TOR's excoutod Work 13ased on information obtained during such visits and observations, E.NGINtFER will endeavor for the bemfit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous or, site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providi g for OWNER a greater degree of cotifalence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on. site observations, 9NUIN14'R will keep C7iVl3P:R informed of the progress of the Rork and will endeavor to guard OWNER against defective Amok. ENGINEERS visits and on -site observations are subject to all the Innitatiorns on ENGINERRs authority mil responsibility set forth in paragraph 9.13. and pardcularfy, but without limitation, during or as a result of ENGENr'H1;K's on -site visits or observations of Cx NTRAC7TOR's Work L3GrN ER will not supervise, direct, control or have authority over or be responsible for CONTRACTORic means, methods, tc,•Mniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and R ulat.ions applicable to the htrnishirg or perfitmhance of the Work. Project Representative: 9.3. If OWNER and ENGINFFR agree, ENGINEER will furmsh a Resident project Representative to assist F sIGINFER in providing more continuous observation of the Work, The responsibilities and authority and limitations thereon of any such Resident project Representative and assistams will be as provided in paragraphs 9. and 9,1.3 th- Conditions of these Gend-al Conditions. If OWNER dam�s tes another re pre relative or agent to represent O MM at the lice w]w u not ENGL*EEERs Consultant, agent or employe, the responsibilities and authority and limitations thereon of such other person will the as provided in of these General Conditions. If the ENGINFFfurnishes * shorts, gr_ifthe OW 7E1i deeigrnates a Ralx erait e or areot, all ash sled ai pm a uatih 9.3-3 of die General Condit ons _these Kepresenuotrvas shal1-have tha auLhgrdy and limitations as provided in paragraph 9.13 of ft CiCierat C'orxditiuns mad Shan t lx sutajoct ca the fdlawir, g; 931. „77te Rvinexntauvcp dcaluW in._matters I inning tp the on -stet work wall inpene.ral Ix. with the fA G]baEER stir! CO QI RAt TOR i3 e- dx Representative will keep the OWNER property advised about sueh_matters. , -The--RA,! wa_l%ew_fuh kcoanwatos awx_o_nXx th_ow. or ll 14appoe (dC7N]'\C,"wit. 9.3 2 L)utn and Re-, rk hies. e) enative will: J.3.2J_Sche<tutes - Review the �trgr�a t•;rCt?(; Gf-'?'+i:tt�V, ('(tttt>C'n�>u$ ! `.r19$ (t?i9U £4iriut) 19 a (17"YOFFORTC(add'=vs NAUrt7 CA 11oNS(REV 4r20(0 schedute_aad .other ssJxdules..tuatmtecl by Ike CONTRAClQl( __ am ,_ ctmpult unth _ the Rli'GI SELIt cortcernina uoceotability 9:32.2 Ciazfcrecs_ar l�l„�tins - Attend meeting with the CON -TRACTOR such sa pre<unstruct n confc m =s, , pmgrgs rpgtinp mid utter fob coamppts ate prepare u crcte espies of minutes ofrrreepr#kg, 93.13 Linison .... _. ___..... ,__.. _............ c3323 3 Serve as F.`�1C.3A3ht:R'S 3iaism with CO i'RAt TOR wurkirxt txirtcitntlly_ tirrnt�h C'C)N'TR,iCTG?125 su�perintenclent to assist the C0\TRAt:T012 in uncitnWdmg the C untrsut L3ac umrnts. 9.3.2.3.1 Assist in obtau�utg from OWNER _additi_enal...._daails .. _nr_._infcwm®riort._.. when rc 'red for }pear execution of the Work CONTRACTOR of the commencement t£ any _ tk`c rk requ r rag_ ? . Sh _.. Drawin-.g or �tgyle submis�icxl if the sulxnission „art heen_spprrycd by the WN(;INX R, 9.3 2,4 t&F.isw' ,of 4Yi , 1;va�GSi tx s1 U?tety Ltl rk, pnTxctions and fasts - 9.3,14. I. _Co_nduet on -site cticns of dte War .htk[ }ss a El�`�_I�h"'�I. (3>Iv�ER in,tictcrtnlnarg It the WWak_i- Trroaitedirrg in a�rtkttt� �atk thin rs?�irf1}�3f�na�g reTnescmtny, puhltc,_cr ixher at;cenc�es�a jurisdtetion over the Project, reecrj the nstrlts Of these _ nrspecuoixs and rmpurt to tlx FNO MER ............... ek Documents- Reppq tiooni *GVo ELR when clarrftcaficxts and t, nttr, {utions of the Contract ITCc4merils, are needed and transmit Lo QONIXAQ () .ctyr%fjgt4p4enQ. tnic9� [ati 3 of the Contract I'kxumeras as med by the IR_ Jctiticatitats_ Consider anti evaluate C;C)\`IRA("fOR`5 for 2Si WCDC OE'EICAt c VND(TtQNS 191V4 i 1990 I:Ui W �w.-1'iT5 t)F FiNif rtM,i J7v9 MLN7tt lE L47YC�Nb (]i,F.1'A,2E�ir6J mXt &a4'an itt DtaWmp of SiroctfiggM and rgvr(th�,rcggtrmgrx9s gjis_n FGN(%fS4FaCR, ,ac tet3' wanmit to GODTTRACTOR clmcisions ixar t! hy_the lfiit <MRR, 9.3.23. Recgrds 9J,*:t .Tin is ruts, ag_r@tiSSjr�-dam c3,f_tlte pr�imsp..pf�F. Dark and of the C04NTRACTOR'S s�tP.ltata�t nttta.t4e pxa�rm� �cJtesf?�� si where_ rrf_shop f) wing arui__s}tmp11 9«. . _�ZA)t3Jt...*ri? Uli_itt lvc3nne_ c%_ srheclulirg raaim.._t!I ump;etkans or start of in rttm�t,�iases of the Wark 932• 77ralrcd i hate_s - anti .Work Dgcrotive ChI prim,%, huh up material from.. the... t ONTTtAMR and recommend to FINCINErR...tha Orders, t�'ork 17trec:tive Char>e3Gw and field ciders. 732&4 fte of mmedate3y to f vGiiFGi9 an CAXWER taw acurrmrtce of �..Eti'ursi4ztt= 9.3.2 9, Nyment yrsts Review annlieutica s for pakmrettt w7thC'�C)h"f 12 A<"i'(?R for min_ nliAnce tvilh�thC cstabtished cxedurc for their suhmLg;tton and forward with recommendation to E IJ11,4kiFR, Waking ocular the rela4orrsh nf' c}te,M33 W3I It rajtic te�i, kv the tch yhlle ofyaiues work completed and ma%eels and! eq 1pjLttt delivered at the site but rt, utctxpoat d rn t 93.2.ICt. Completion, n32,10,1 _ Before 1NGTNGFRias, L ,a CgijiGcshte of Sybs!ntstl.an@fctton,_sulxnit to CONTRACTOR...a list of observed items it arrm-qon or on et' n 9.3duct con e mm�wn�}a.af_the ENGINEER. OWNER coot C'(? VTRA JOR arid prepare a final list of items fa be coTeaed ar conrplcted. 9.12.103. Observe that all items an the hml list have oxen corrected or_ram eted and snake rewm ng4ttnots to E0GNF) R concerning acceptance. 9.3,3. Laniration of Auth2g The gTr1 0tanyS shall not: 9331 . -Authorize--- deviations from the Ccltttrwf Documents 9 �aElk lute ma4wi#' s 9I...equlpmertt. ups nutttunzedt by the F?v(rI47�filt_ 9 >. s Exceed limitations of ENGUNU R'S %t Ui0n VV 31; set tortr! in Cho t, NaRaC4 lkrut?me+,1! 9,33.3. _ Undertake Any m(the rt`S,jlnrl511a1n1CS _�uwttllsl�wt�. _t %4N'1'dtA�[��2'S_�atL?�ti�tt�+at�ftl- '3} 3.}ti ._ �''i�_QtL_c� awe dire(.?torts r3Litivy ttn� sir �umg..t;unkul avzr .any. ptyl�o �rt;_the means, mgthg4 techmquea, seguetices_ ur xwesl m "br .esnstlimcti9n or trsh , is spxilieally, cA11rd for in the Contnl�l_L)cx;umgnts, 9,115 5 Advise on or issue directions r4x ._ a ulte_.e cu tus71 _ eS snip precnutio ns _nd pix,vam, in connecttnnz with the Work 9.3.3.6 Accept. Shop t)rancvW_ or, sample suMntttats„ fr nh anyone other than _trite f;lCl?t FRACThIt,_ _..._..._..�...�........, _ 9.3 3 7 Authorize nVdNMR kt_ iwrupy the LL'ra in rlwle ur i13 part. 9,3.3 fi F onto ipatcin speclalazed field or Ljtrnatarh tesl-v nr rnTections c,opducted by others etcept as specifically,_ authorized by the FNANWiR. Clanfications and Interprewdons: 9.4. ENGINEER will issue with reasonable pronptncss such written clarifications or interpretations of the WCDC GENMAL COt N 11ONS 19194$ (1999 t,,tgr,gt i w, (r7Y OF FORT (N)LFJ .5'X10F)1HC rJ0NS rRFA'11,26M) requirements of dw Contract Documents (in the toter of Drawings or otherwise) as ENGIN E'R may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarificatiom and interpretations will be binding on OWNER and CONTRACTOR If OWNId2 or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent timeoL if a OWNER or CONTRACTOR may make a written claim therefor as provided in Article i I or Article 12. Authorized Var iadons in Work: 9.5- ENGINEER may authorize minor vanatiom in the Wok from the requirements of the Contiuct Documents which do not involve an a4ustment in the Contract Price 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 ranv he accomplished by a Field Order and will he hirrdirig on OWNER and also on C(,)NTRACTOR who stall perform the Work involved Promptly. If OWNER or CONTRACTOR believes that a Field Cider justifies an adjustment in the Contract price or the Ccmtmis "Times and the parties are unable to agree as to the amount or enunt thereof, OWNER or CONTRACTOR may make a written claim therefor as Provided in Article i f or 12, Nyecting Defedh a Wank. 9.6. ENGINEER will have authority- to disapprove or reject Work which LNG1NF?ER believes to be defective, or that ENGINEER, believes will not produce a completed Project that conforms to the Contract Documents or that. will prejudice the integrity of the design concept of the completed Project as a I . unctioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 139, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orden and Pai meats, 93. In connection with ENG[NEER's authority as to Shop Drawings and Samples, see paragraphs 624 through 6.29 inclusive. 9.8 In connection with EhIG�TER's authority as to Change Orders, see Articles 10, 11, and 12. 99, In connection with ENGItdEERs, authority as to !Wlicaticre>K for Payment, sae Article 14. Determinations for limit Prices 1.10 ENGINEER will determine the actual quantehes and classifications of Unit Price Work performed by CONTRACTOR. 0,10MEER well review with CON"'IR CU R the kNGINE,VRs, preliminary determinations on such matters before rendering a written decision thereon (by recommendation or nn Application for Payment or otherwise). I°NGIN ER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any, such decision, either OWii or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to ap�t I from FNCYINHE R's decision and (i) an m ENG appeal firm INTERS decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into betwoon OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement hums been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealin{1 party, may have with respect to �NG1NEld2's decision, unless otherwise aggmroed in writing by OU ER and C0N1'RACT Such appeal will not be subject to the procedures of paragraph 9.11. thtdooffs on pispwtAw 9.11_ ENGINEER will be the initial interpreter of the_ requirements of the Contract Documents and judge of the acceptrbiity, of the Work thereunder Claims, disputes and other mattes rclatuv to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and famishing, of the Work and claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Times will Ise referred initially to ENGINEER in writing with a request for n formal decision in accordanoe with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (hut in no event later than thirty days) alter the star of the aacurrence or event giving rise thereto, and written supporting dam will be submitted to HNOINEER and the other party within Witty days after the start of such oca urrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support ot'such claim, dispute or (t}xr matter. The opposer6 party shall submit any response to ENGINE and the claimant within thirty days after receipt of the claimant's last sulroittal furdess ENGINEER allows additional time). UNGINEER will tender a formal decision in writing within thirty days alter receipt of the oppaemg patt)'s submittal, if any, in accordance with this paragraph ENGINTZR:s written decision on such claim, dispute or other matter will he final and binding upon OWNER and CONTRACTOR mnless 6) an appeal from ENGLNEER's decision is taken within the time limits and in accordance: with the procedures set forth in EXHIBIT t." AC "Dispute Resolution Agreement% entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from E?NCINMR's written decision is Mivered by OWNER or r"ONTRACTOR to the other mud to CvGINE1 R within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party, in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Lanes and Regulatiors within sixty, days of the date of such � rarr�rs���rc�tco�urrlo�sivfttsilavor�t�su WO n 11'' OF rCeaY CtiLLi ivy HMIFit'4710;u5 rgLV V?000) decision, unless otherwise agreed in writing by OWNER ant[ CONTRAC TOR. 9 12. When functioning as interpreter and judge under paragmphs9.10 and 9_iI, ENGINEER will not show =Itty to OWNER or CONTRAc-rO'R and will not be liable in connection with any interpretation or decision rendered in gaol faith in such capacity. The rendering of a decision by I GGTNETR pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 1415) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, distmte or other matter .pwsuant.to r),rtiele..16. 9.13. Lionkations on EVUNEER's Authority and RevonsibiBttev. 9.13_1, Neither ENGINEER's authority or responsibility under this Article 9 or under other provision of the Contract Documents nor any der =r made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertake exercise or performance of am authority or rc-spcnai city by ENGINEER shall create, impose or give rise to any dray owed by GINEER to (I)NTRAt TOR, tuty Subcontractor, any, Supplier, any other person or organimnart. or to any surety for or employee or agent of any, of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or he responsible for CONTRACTOWs means, methods, iechantqum sequences of procedures of enlm9hllatinii or the $afety precautions and programs incident thereto, or for any failure of OINfRACTOR to comply with Laws and Regulmi(sns applicable to the Punishing or per&tnnanm of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or I nmtsh the Work in accordance with the Contract Documents. 9.13.3- ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or crgeni�tion performing or fain shing my of the Work. 9.13.4. ENULNEER's review of the final Application for payment and wAxsaptanying documentation and all mainterianc a and operating instructions, schedules, guarmitees, Bonds and ceniticates or inspection, tests and approvals and other documentation required to be delivered by psnacraaph 14.12 will only be to detertrime gerrennliy that their content complies with the requirements of and in the case of ccrtificaws of inspections, tests enrol approvals that the results certified indicate compliance with, the Contract l )cxurneras 9_I3-3. The limitations upon authority and responsibility set totth in this paragraph 9.13 shttill also apply to ENGINEFR's Consultmts, Resident Project Representative and assistants. .iRTICI.E 10—CHANGFSIN TIM WORK 10.1. Without irnalida[�g dre Agreement and wdlwut notice to any arrety, Ol�I may< at any time or from time to time. order additions, deletions or revisions in the W'ark. Such additions, deletionsm or revisions will be authorized by a Written Anieralmem, a Change Order. or a Wok Change Directive- Gpon receipt of any such document, CONTRACTOR shall promppttly proceed with the Wok involved which will be performed under die applicable conditions of the Contract Documents (except as otherwise specifically provided). IO2. If OWNER and CONTRACTOR are arable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change ,Directive, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CON ITRACTOR shall riot be hided to an increase in the Contract Trice or an extension of the Contract Tunes with respect to any Work performed that is not required by C the ontract lkicuments as amended, modified and supplemented as provided in paragraphs 3.5 and 16, except in the case of an emergency as provided in paragraph 6.23 cw in the case of uncovering Work as provided in paragraph 13.9. 10A OWNPR and (�N'TRAC",TOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 10.4.1, changes in the Work which are (i) odered by O)NNER pursuant to paragraph 10.1, (ii)required bicaune of acceptance of *fecmtne Work under paragraph 13,13 or correcting defeerm Work under paragraph 13.14, or 611) agraat to by the parties, 1042, changes in the Contact Price or Contract Times which are agreed to by the parties; and 10.43, changes in the Contract Price or Contract Times which embody the: substance of any written decision rendered by E GLAER pursuant to paragraph rn 11. provided that, in lieu of executing any such Charge Order, an appeal mag be taken from any such decision in accordance withthe provisions of the Contract Documeras and applicable Laws and Regulations.- but during any such a I, C7ON TRACTOR shall arty on die work anal are it) the progress schedule as provided in paragraph 6.29 10,5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents racocct eatnt.c net>tnao s190,3 mvvpttdlim) wt (ITY OF FOR r tacv 4,2000t (inclodtng, but not limited to. Cortract Price or corktrct `times) is required by the provisions of arty Frond to be given to a surety, the giving of arty such notice will be CONTRACTOIE's responsibility, and the amount of each applicable Bond will be a4usted accordingly. ARTICLE 11--CFLINGF, OF CONTRACT PRICE 11.1 The Contract 11nce constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken IT CONTRACTOR shall be at COc 12ACTOR's e.,ense without change in the C'ortract Price. 11.2, The Contract Price may only be changed by a Change Order or by a Written Amendment, Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in not event later than thirty days) after the start of the occurrence or evert giving rise to the claim and stating the general mature of the claws Notice of the amount of the claim with supporting data shall be delivered within sixty days otter the start of such occurrence or event (unless FN'C%INFER allows additional time for claimant to submit additional o more accurate data in support of the chair) and shall he accompanied by claimant's wntien statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said memcnct or event All claims for adjustment in the Contract Price stall be determined by LNUINUU in accordance with paragraph9.11 if 0WN1sR and (Y)NTRACTOR anent otherwise agree or the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11,2 113 The valek. of any Work covered by a (:7amge Order or of am° claim fin an adjustment in the Contract Pisa will be detcnnmed as follows: 11.3.1. where the Work involved is covered by unit prices ccontained in the Contract 0oamicrits, by application of such unit prigs to the quantities of the items involved (subject to the provisions of paragraphs 119.1 through 1193, inclusive), 11.3 where the 'Work involved is not covered by, unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.62) 11.3.3. where the Work involved is not covered by wilt prices contained in the Contract Document- and agreement to a lump stet is not reached under rragrnph 11 .i ", on the basis of the Cxv.st of the Wank etennmed as provided in paragraphs 11.4 and 11.5) plus n CON:iRACTOR's tee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4 The term Cost of the Work means the sum of all costs necessarily incurred aryl paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may he agreed to in writing by OWNF"R, such costs shall he in amounts no higher than those prevailing in the locality of the Project, shalt include Only the following items and shall not include any of the costs itemized in paragraph 11.5 11.4.1. Payroll costs for employees in the direct employ of CONrFRACTOR in the performance of the Wok under schedules of job classifications agreed upon by OW\rl R and CONTRACTOR such emtployees s1011 include without limuation superintendents, foremen and other personnel employed full-time at the site payroll costs for employes not employed full-time on the WW'oxk shall be apportioned on the basis of their time spent on due Work_ payroll costs shall molukt-butriot be limited to, salaries and wages plus the cost of fringe benefits which shall include social security eontributious, unemployment, excise and payroll umes. workers' ccxvpper�tian, health and -"etbenefits: botsusu�; s ek has e varntion and-holitlaY pay applicable therck . The expeper sea of performing 'W nk after mgular working hours on Sanu2lay, Sunday or legal hal�ys shall be ineludcd in the alpova to the crier' authorized by OWNER. 11,4.2. Cost of all materials and evpuipment furnished and incorporated in the Work, including costs of transportation and storage thereof, aril Suppliers' Geld services required tat connection therewith. All cash discounts shall accrue to CONTRACTOR. unless OWNER deposits finis with CONTRACTOR with which to make payments, in which erase the Gish disattmts shall accrue to 01A N"ER, All trade disc(ainI& rebates and refunds and returns from sale of surphr, materials and equipment stall accrue to OWINIA and C0NTRAC'I'0R shall make pro iscorts so that they may be obtained 11.43_ Payments made by CONTRACTOR to the Subcontractors for Work performed ur furnished by Subcontractors If rNu"red by OWN7ER. 2 4lt,t,V.NI)l7tCJtv.S 19W—i; i19901idamir H CI11 OtF(C t01AINSNIC011 te'AtIONLQdt Ca2000} CONTRACFOR shall obtain competitive bids from Subcontractors acceptable to OWWNtiR and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of e4GNEER, 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 War plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the 'Work and fee us provided in paragraphs 11.4, 11.5, 11.6 and 1.1.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable_ I IA_4. Costs of special consultims (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and awourrtan employed for services specifically related to the Work. 11.45. Supplemental costs including the following: 11.4.51, The proportion of necessary transportation, travel and whsistence expenses of c70NTRACI'OR's employees incurred in discharge of duties connoted with the Work. 11.4.5-2, Ccw, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not Owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11A,5.1 Rentals of all construction equipment and machinery and the parts thereof whether rented from CON7RACPOR or others in accordance with rental agreements approved by OWNER with the advice of LNU[NEER. and the costs of transportation, loading, unloading, installation. dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the'Work- 11.4.5.4. Sales, consumer, use or similar taxes related to the 'Work, and for which CON' TRACTOR is liable, imposes by Laws and Regulations, l l.4.5.5. 17epxsits last for causes other than regltgemce of CON'tRACTORI am, SUbC ntracto or ann"One directly or indirectly employed by anv of them cx for whose acts any of them may be liable, and royalty pztvments and fees for permits and licenses. 11.4.5,6. Losses and damages (and related expenses} caused by damage to the, Work. not coanpertsated by ins rarue Or otherwise, sustained be CONTRACTOR in connection with the r1brinarn:e and fumhshing of the W(A- (except s and damages within the deductible amounts of prgxrty insurance esfablislxd by OWNER in accordance with paragraph 5,91 provided they have resulted Goan causes other than the negligence of CONTRACTOR, any 3u citx, cx anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall imfude settlements made with the written consent and approval of OWNER. No such losses, damages And expenses shall be included in the Cost of the Work for the pu of determining C'ONTRACTOR's fee. ff, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid feu spices a fee proportionate to that stated in paragraph 1162, 11.4,5.7_ The cost of utilities, hicl and sanitary facilities at the site. JlAiX Minor expenses such as telegrams, tang distance teleltxne calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4_5.9. Cost of premiums for Additional Bonds and insorance r(Nuired because of changes in the Work 1 L5. The teat Cost of the Work shall not include any of the following 1151, payroll costs and other compensation of <CONTRACTOR's officers. executives, principals (of partnership and sole proprictorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing: and contrading agents, expediters, timekeepers, clerks And other personnel employed ty CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office fox general Administration of the Work and not specificahiy included in the agreed upon schedule of j%I classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 1 L4.4-.rill of which are to be considered atrninnistratrve costs covered by the C)NIR-M—I'OR's fee. IL5.2. Expenses of CC1NTRACTORis principal and. branch offices other than CONTRAC:TOWs office at the site, 11.5.3. Any Iart of C:ONTRACTOR's capital experses, including mierest on C ON CRACTC)R'S capital employed fox the Work and charges against CON TRACTOR for delimpent 10 ;vments. 11,5A. C)A of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required Ztthe Contract Tioeummts to purchase and maintain same fexcerr for the cost of premiums cowered by subparagraph 11.4.5.9 above). I 1 s 5, Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of then or for Whose acts any of them may be liable, including but not limited to, the correction of rlefeciite iYork, di rail of materials or equipment wrongly supplied anti making good any damage to property. IL$ 6 Other overhead or general expense coats of am kind and the costs of any itern not specifically and eaprecsiy included in paragraph 11.4. 11.6_ The Cf1?>TRACTOWs tee allowed to CONTRACTOR for overhead and profit shall be determined as tdllows. 11.6.1. a mutually Acceptable fixed fee; or 11.61 if a fixed fee is not agreed upon, then a fee fared on the following percentages of the various purtions of the Cost of the Work. 11.6,2.1, for Boosts incurred wxer porngmphs 1.14.1 and 11.4.2, the CONTRACfOR's fee "I be fifteen percent; 11.6.2.2for casts incurred under paragraph 11.4.3, the CONTRACTows fee shall be five percent; 1 i_6.2.3_ where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 1141, 1143 and 11.62 is that the Subeonu utor who actually perfcams or ftitnishes the Work, At whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.41 and 11.4 2 mid that any higher tier Subcontractor and CONTRACTOR vnlT each be paid a fief foe pera" of -the --antFarnt-gait the next- ower-tiaSubewArachm, to be n Sptj%ted t11.>e-tx?if...l@!tI11.S42Tfl_tl?4: O4blti�[%. [;.nitj�,3R..52SCS�t1 Cue, percent aF the antcncrn paid ta_thc rre.�ct lower tierSul can rt5x.. 11.6,14. no fee shall be payable oat the basis of costs itemimd under paragraphs I 1 A.4, 11,43 and 1I.5. 11,6.25 the amotrnt of credit to be allowed by CON I'RACTOR to OWNER liar any, chn'�t which milts in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CO=NTRAC [OR'% feeby an amount cquah to five percent of such net decrease; and 11.6,2,6 when both additions and credits ere involved in anv one charge, the adjustment in CO'N`TRACTdR's fee shall be c4nnputcd on the basis of the net change in accordance with paragraphs 11 6.?_1 through 1 1 ci_2 5, inclusive 11.T Whenever the cost of any Work is to be ti;JC1}4 G3iS`dtiNe1L C NIDMON51910-9 09W E 4400) 25 W/ (ITY OF FORT O RIA NS MM FWATIONS (at;.y 4 2(011 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each.Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable - to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 12/03 Section 00100 Page 3 determined pursuant W paragraphs 11.4 and 115, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting Practices and submit in form acceptable to ENGIMMR an item razed cost breakdown together with supporting data. CaihAllenarinces: 1 L& It is understood that CONTRACTOR has included at the Contract Price all allowances so tamed in the Contract Mcuments and shall cause the Work so covered to be furnished and performed for such sums as may be acceptahle to OWNER and E.N('YINFb.R CONNTRACTOR agrees that. ILK]. the ;allowances include the cost to CON'rRACfOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and I I.S.2. CONTRACTOWs costs for unloading and handling on the site, labor, installation costs, overhead, profit and tither expenses contemplated for the alknvances have been included in the Contract Price and not in the allowances and no demand fir additional pntymenl on account of any of the foregoing will be valid. Prior to tired payment, air apprrpnate Change Order will be m issued as recmntcruL d by F? GINEFR to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall he con espondargly adjusted 11.9. Unlit Price Work: 119,1, Where the Contract Do umams provide that all or part of the Work is to be Emit Price Wo& initially the Contract price will he deemed to include for all Emit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tines the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Wort: are not guaranteed and are solely for the purpose of cxmnparisem of Bids and determining an initial Contract Price. Determinations of the actual quartpties and classifications of 'Unit Price Work performed by CONTRACTOR will be made by CNGINR in accordance with paragraph 9,10 11.9.2. dutch unit price will be deemed to include an amount c rn;idcrod by ('ONTRACTOR to he ade-quate to cover C:OIxTR.ACTOR's overhead and profit for eacb separately identified item 11.9.1 OVVNfR or t ON ['RAt "I'OR may make a claim for tin udjustmentt in the Conrad Price in accordance with Amide I 1 it. 11.9.31. the quantity of any item of` Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreements 26 Edo'�e c t hkSK,AL i v:en�t7tcl;rs 19103 it990 E nti 4ii dye e771` G!= C=6KtCia.rd NS M(b)n 1€ Al tQrv� Uih 1' -n ^c�klnn and 11 4,3.2, there is no correspondinli; adjustment with respect to any other item of Work: and 119.3.3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in C"C rtracl Rice as a result of having incurred additional expense or OWNMR believes that OWNER is entitled to a decrease at Contract Rice and the parties are unable to agree as to the amount of any such increase or decrease. 119,3.A CONTRACTOR acknocdc�htes drat the OWNER has the rn t to add or delete items in the F3hdF3id or char atrtues at OWNER'S stMe dt r twt wi[iqcttu the Cur trttd Price of a..ny .remaming...ite.m..._..aa Long,..ac...the_„dele_.tiwr or addition does net rxtpd twenty-five txnrnt of t1re..c imil(otal.t_ ritract.Prce At2'CLCLF:12--t HANGF OF CONT1 XCT TIJIVUS Q,I The Contract Times (or Milestones) may only he changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Tunes (or Nfileitones) shall he faced on written notice delivered by the party making the claim to the other party and to ENUrNEM promptly that in no event later than thirty, cis) after the ocxureruae of dk event "'ving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless FNUINFC•R allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the clatmanfs written statement that the adjustment claimed is the entire adjustment to whiob the claimant has reason to believe it is entitled as a result of the occurrence of said event, All claims for adjustment in the Contra-0 Times (or N ikstvnes) shall be detem fined by GIN.t in accordance. with paragraph 9.11 of OWNER and CONTRACTOR cannot otherwise agree. No claim for in adjustment in the Contract Times (or Nftlestoras) 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 orlhe Agreement. 12.3 Where t'ONTRAC'TOR is prevented from completing any part of die Work within the C'ortract Times for Milestones) due u) delay beyond the control of Col` fRACTOIt, die Contract Times (or Milcatoncs) will be extended in an amount equal to time lost due to such delay if a claim is made thereftr as provided in paragraph 12.1, Delays be)�onti the control of CONTRACTOR shill include?, but not be, limit ui to, acts or neglect by OTk NFR. acts or neglect of utility owners or other cniantacrrs performing other work, as oontemplated by Article 7, fires floods, epidemic& abnormal weather conditions or acts of God_ palms attributable to and within the control of a Subcoraractiu or SUppppher shall be deemed to be delays within the control of COIN� 1 RAGTOR.. 11-.4, Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OW".%'R and CONTRACTOR, an extension of the Conumeir Times (or %Cdestones) in an amount equal to the time last due to such delay shall be CONTRACTOWs sole and exclusive icmedy for such delay, In no event shall OWNrR he liable to CONTRACTO'k, any Subcmmictor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (it) delays beyond the control of both parties including, but not limited to, f ics, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated. by Article 7. ARTICLE 13--TESTS XND INSPECTIONS; CO RKTION, REMOVAL OR ACCEPTANCEOF DFFFG'TIIV WORK 13.1, Nrdice rrfDefecta: Prompt notice of all defective Work of which OWNER or ENGINEFR have actual knowledge will be given to CONvfRACTOR. All defeeth,e 'Wick may he rejeewd, corrected or accepted as Provided in this Article 13. Access to WO&.- 13.2. OWNER. ENGMELIZ, INGINEER's Consultants, other representatives and personnel or OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable --times for their observation, inspecting and tespinif. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3 CONTRACTOR shall give ENGINEER timely notice of readings of the Work for all required inspections, Ws or approvals. and shall cooperate with inspection and testing persomel to facilitate required imtpectitms or wits. 134 OWtiI R shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, nr appuovats required by the Contract Dccumcnts �.xce t. 1.3,4.1 for inspections, tests or approvals covered Ito paragraph 13.5 below. 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to pimgmph 13.9 E;JCtt4'GF„'tF;}l:U. c'tjttil:Nllt).Ny I110 X (t39e t5ttjtiui7 s' Coll' OF FORT Ai011,IdV,S MODIFICATIONS (REF 4s2tNntn below shall be paid as provided in said paragraph 13 91 and 13,41 as otherwise specifically provided in the Conintct Documents 13A If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACrOR shall assume full responsibility for arranging and obtaining such Inspectioru, tests or apprtwals, pay all costs in connection therewith, and famish FN(3INFFR the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for srranginrlgg and obtaining and shall pay all cowin connection wth any urspechons, tests o approvals required lion OWNER's and FNOINls" Ht's acceptance of materials or equipment to be moutporated in the Work, or of materials, mix designs, gaeqquwtl�mtettt submitted for approval prior to the Work. ACTOR's purchase thereof for incorporation in the Work. 13.6 If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence or li'NGINEER, it must, if requested by ENOINHER, he uncovered for observation 11T. Uncovering Work as provided in paragraph 13,6 shall be at MNITRACTOWs expense unless CONTRACTOR has given LNGINHER timely notice of CONTRACTOR's intention to cover the same and EN(11NEkiR has not acted with reasonable promptness in response to such notice, !Uncovering W M*. 13.8, if any Work is covered contrar • to the written request of ENGINEER, it musts if requested by ENIGINEER, be uncovered for ENGIN'EER's observation and replaced at COI+r'TRACTOR's expense.. 13.9. if FNCIMIEFR considers it necessary or advisable that covered Work be observed by LIN4,MER or Inspected or tested by others, CONTRACTOR, at ERNIGINEEWS request, shall uncover, expose or otherwise make available for otbsm-anist. inns a. am or testing as ENGINEER may require, that portion of the Work in question, furnishing all ri m nary labor, material anti equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims, cost.,, lames and damages caused by, arising out of or resulting front 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 ohers). and O!t?sb',R shall be emided to an appropriate decrease in the Contract Rice, and. if the parties arc unable to agree as to tine amount thereof therefor may make a claim therer as provided in Article I I. K hotvever, such Work is not found to be *Native, (Y)NITIAC'f()R. shall be all(mod an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such _'7 uncovering, lure, observation, inspection, testing, replacemera and reconstruction: and, if the patties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles i I and 12. Oft'AU May Stop the Work•- 13,10. If the Work is defective, or CONTRACTOR fads to supply sufficient skilled workers or suitable materials or equipment, or fails to funtish or perform the Work in aids a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to st the Work, or any portion thereoG urdal the cause fox such order has been ehmirmted; however, this right of OWNER to stop the Work shall not give rise is any duty on the part of O1tiNER to eneruise dus right for the bencht of CONTRAC TOR or any surety or other party. f.'orrection orRemoverl ofDefeedve Work. 13.11_ If required by ENGINEER, CONTRACTOR shell promptly, as directed either correct all ddafective Work, whether or not fabricated, insmlled or completed, or, if the Work has been rejected by ENGF'rvf:+.ER, remove it from the site and replace it with Work that is not defective t!ONYRAc'rOR shall pay all claims, costs, losses and damages caused by Of resulting from such correction or removal (including but not limited to all elms of repair or replacement of work of others). 13.12. Correction Period.- 13;12.1. If within onev coo years alter the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contrad Documents, any Work is tonnd to be cqf e ivy CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNEWs written instructions. (i) correct such ek/ectiveWork, or, if it has been rejected by O1haN,ER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily sorrel or remove aril replace arty damage ter other Work or the work of others resulting therefrom_ If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious rid: of loss or damage, OWNER may have time cafeetrve Work corrected or the rejected Work removed and replaced, and all claims. oosts, losses and dmnases caused by cm resulting from such remcwal and replacement (including but not limited to all costs of repair or replacement of work of other;) will be ford b}' (`x NTRA("TOR 13.12?.In apeciat circumstances where a Particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item map start to run from an earlier date if so provided in the Specifications or by Written Amendmetit- 13.12 3- Where defective Work: (anti damage to other 2N h»Jt'))6(Fk�h7d.r11�U\11tyX;Jiv�lu1�-S i14dR Wtutrn cancut•raRncatrt sic>rnna,nnaatt:va,eaat Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ww-y w tw,9 s after such correction or removal and replacement has been satisfactorily completed .acceptance ofDtfective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OLLNFeR (and, prior to ENGYNEER's recommendation of final payment, also RNGfNhF3R) pprrefers to accept it, OWNER may do so_ CONTRACTOR shall pay all claims. costs, louses and damages attributable to OWNEWs evaluation of and det"mation to acreppzz such defechiW Work (such casts to Lie approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGiNEFR's recommendation of Imal 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 commet price, and, if the parties arc unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be (raid by CONTRACTOR to OWNER. ORAj T'R Ut(y CorreMDefective Work: 13.14., if CON'fRAAcToR fails within a renstneble time alter written notice from HNGIN$ER to correct dgfeetttar Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perfomt the Work in accordance with the Col ttwet Documents, or if CONTRACTOR fails to comply with any other provision of the Contract tocurnam OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or past of the site, take possession of all or pan of the Wort/ , and suspend COITR.•ACTORs services related thereto, take pasvet,4on of IX]NfRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNFR has paid C0 N1'RACTOR but which are ,toned elsewhere - CONTRACTOR shill allow OWNER OWN-FR's represetrtatives, agents and employees OWNER's other contractors and rNGINEER and i.,NGCNEER's Consultants ao.m to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, caps, losses and damages incurred or sustained by OWNER in exercisrrgg . ic s Ch rights and remedies will be cmirged againONTfRACTOR and a Change Order will be issued incorporating the necessary revisiots in the Contract Doutnents with respect to the Work; and OWNER shall be entitled to anappropriate decrease in the Contract price, and, if thePanics- are umible to agree as to the amount thereof, OWNER may make a maim therefor as provided in Article l t Such claims, costs, losses and damages will include hot not be limited to all costs of repair or replacement of work of others destroyed or damaagged byy conection. removal or replacement of cONTRACTOR"s defective Work. (Y)NTRACTOR shall not be allowed an extension of the Contract Tunes for Milestones) because of any delay in performance of the Weak attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 1.4--PAY11f.E.NTS TO CONTRACTOR AND COMPLETION Schedule of MAees; 14A, The schedule of values established as provided in pans 2.9 will serve as the basis for progress payments and ' i be incorporated into a form of Application fox payment acceptable to ENGINEER. Progress payments on account of lint Price Work will be based on the number of units, completed. ,Application for Progress Papmeatt 14.2 At least twenty days hetore the date established for each progress payment (tut not more often than once a meth). CONTRACTOR shalt submit to ENGiNEER for review an A lioction for pa menu filled out and signed b} CON-I'RAC�OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed no in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice o other documentation warranting that OWNER ins received the materials and equipment fro; and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER:s interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the :agreement Anv_fugcLs flat are withheld hg the OW�Tihi shall tot be subject substitution by the CONTRACTCJR with securities qr pp3, armri ants trnalymg m eyvok 7r custodianship._ By,execartrt the_,xpplrcalinn,(or payrucv}f loon tlx C�RNNCTOOR a 4ec his pa tg jl t benefits A,(. t plorado�4titsetl Statues,, section_" 4-ell-lm, et, sect,, COATKICTOR's Warranty of Tide: 14.3. CON TRACTOR warrants and guarantees that title to all Work, materah. and equipment covered by any :application to Payment, whether incorporated in the Project or not.. will pass to OWNER no later than the rime of payment free and clear of all Liens. Review of,ApplicationsforPrWm Payment 14.4. ENGINEER will, within ten days after receipt of each Application few Payment, either indicate in writing a 1WD('tir"` hRA1, C-QN'131'nONS 1910-8 {l'Y9U F.:ctitiwi} m'r771`OF FaYa7 iXJ1.tA MS 11(k)IFir43nnN5 (NY6h'Ei10a67 recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing E NTGLNTEER's reasons for refusing to recommend payment. In the later case, CONTRACTOR may make the necessary coneectians and resubmit the Application. Ten days after presentatien of the Application for payment to OWAiF12 with INGiNEERss recommendation, the amount recommerxlecl will (subject to the provisions of the last sentence of paragraph 14,7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. KNOINMER's recommendation of any ro)ment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGiNEER's on -site observations of the executed Work as an expenerwed aril qualified dtsign professional red on I9�01INEER:s review of the Application for Payment and the accompanying data and schedules, that to the best of ENOINH.13R's knowledge, information and belief, 14.5,1, the Work has progressed to the point indicated, 14.5.2, the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work an a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documcmts, to a final determination of qyuuantities and cWssificatims; few Unit price Wewk under paragraph 4.10, and to any other qualifications stated in the recommendation), and 14.5.3, the conditions precedent to CONTIRACTOWs being entitled to such payment appear to have been fulfilled insofar as it is ENGLNEER's responsibility to observe the Wcxk. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that, (i) exhaustive or continuous on -site inspection have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract D oeuments or (ii) that there may not he other mutters or issues between the parties that might entitle CONTWX( 'OR to be paid additionally by OWNER or entitle OW NA to withhold payment to CONTRACTOR. No ENGINEMk's recommendation of any payment, including final payment, shall not mean that ENGINEER k responsible for CONTRACTOR's means, method.. techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failury of CO1N7lRACTOR to comply with Laws and IRegodatiots applicable to the furnishing or Performance of Work, or for any failure of CON] RACfOR to perform or furmsh Work in accordance with the Contract Do cumentx 14.7. ENGI NWI R may refuse to recommend the whole or anv part of any payment if, in ENGIINSEWs opitri(n it would he incorrect to make the representations to 29 OWNER referred to inn paragraph 14't. ENGINEER my also refuse to recommend any such payment, or, because of subsequendy discovered evidence or the results of subsequent inspections or tes(,,% nullify any such payment previously iccommentled to suds extent as may be necessary in FNiGINFI-,R's opinion to protect OWNER from loss bec7ause, 147_I, the Work is kjectrw, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Rice has Freen reduced by Written Amendment or Change Order, 14.7.3 OWNER has been required to correct defactive Work or complete Wcwk in accordance with paragraph 13.14. or 143A. FNGINLER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2,1 through 15.2.4 inclusive. OWNER meld r+.tuse to make tmtent of the full amount recommended by I ticiiNEER Zanlse 14.7 5, claims have been mad; against OWNER on account 4 CONTRACTOR'%perfrmanee or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Honul satistactory to OWNER to secure the sutisfaetion and discharge of such Lions, 1477 there are other items ensiling OW'NPR to a sc- off against the ;mnoum recormaended, or 147.8. OWNER has actual knowledge of the occurrence of env of the everts enumerated in paragraphs 141,1 tltrouglr 14.73 Ow paragraphs 15 2.1 through 152-4 inclusive; but OWNER mow give CONFR,AC fOR immediate written notice (with a copy to ENGINF,ER) stag die reasons for such action and promptly pay CONTRACTOR the amount so withheld: or any adjustment thereto agreed to by O3WlvER and CONTRACTOR, when CON'' TAM OR (xurects to OWNER's satisfaction the reasons for such action .Substantial Campteiion; 14.$_ Winn < i ).�'f R ACTOP considers the entire Wmic ready for its intendeml use ('0INTRACTOR shall rnrtSy OWNER and E 1N H NEI•R in writing that the entire Work is subsutxially complete (except for items specifically fisted by cm I R,- TOR as incomplete) and request that 1_T.GN ER issue a eerifcate of Substantial Completion, Within a rcawriable time dnereallct. OVVtiER, CONTRACTOR and I'NGf'NEf,R shaIlmake an intixxtion of the Work to determine the status of completion. If I1Nt,l'NE:11, does nor vA)m%ider the Work substantially complete. ENvIINE'la will nouly CONTRACTOR }n wrA1%1 giving the Teaseans therefor. If VNGI;NRF.R iti taEne cLNF:NAL� VNt.r#ind7t'atU-�it4gp ii�duer�i u'Fiil it FoartCat1>4ti Nt Ol)ii9t'A7lU�Sti'att,l'd 2t)tN1J coosidem the Work substantially complete, ENCUNEF.R will prepare and deliver to OW\TR a tentative certificate of Substantial Completion which shall fix the date of Substantial C.'cmpletann. There shall be, attached to the certificate a tentative list of items to be completed or corrected bet'nre fitml }ayment OWiNER shad l have seven clays after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after oosider r such objections ENGINEER concludes that the VV uk >s not substantially complete, RNOYINEEN will within fourteen days after submission of the tentative certificate to OWNER raitify CONTRACTOR in writing, stating the ieasora therefor, If. alter consideration of OWINER's objections, EINGINFER considers the Work ,substantially complete, C tiGLNEiR will within said fourteen days execote and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believe justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion E `'tFINE'F.'R will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final Ixtymett between OWNER and CON RAC OR with respect to seconty, operation, safety, maintenance, heat, utilities, insurance and werrmties and guararaces. C`nless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINF3;R's issuing the definitive certificate of Substantial Completion, FNCrllvMER's aforesaid recommendation will be binding on OWNFR and CONTR t iOR until final payment. 149_ OWR shall have the tight to exclude COMPACTOR from the Work after the date of Substantial Completion, but OW'1N'ER shill allow CO3N'TRAO:'TOR reasonable access to amnplete or correct items on the wrantive list. Partial Utifization. 14.1Q Use by OWNER at OWNI ER:s option of any substantially completed pan of the Work, which: (i) has specifically been identified in the Contract Documents, or OJi OWNER, ENGINEER and COI I'R.44tOR agree constitutes a separately functioning and usable part of the Work that can be used by (A)VINER for its intended propose without significant irterferetwe with CONTR-, ',T0R's performance of the remainder of the Work, may, be accomplished prior to Substantial <:'ompletio of all the Work subject to the following 14 lu I OtANLR at any time may request, CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete, If (ON l,RAC'I OR agrees that such pert of the Work. is su}xaamially complete, C ON PRACTO7R will certil'u to MNT.R and ENTO LER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for ilial part of the Work. CONNTRACTOR at any time may notify OWNER and ENG INTFR in writing that CONTRACTOR coin iders any such pint of the Work ready for its irten ded use and substantially complete and request FNGliNEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, ONVNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If INGIN TER does not consider that ppaarrtt of the Work to be substantially complete, FrTtl "EER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If EN(rItttF:RR considers that Tart of the Work to Ix substantially complete, the provisions of fragmphs 14,8 and 14.9 will apply with respect to cnification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto_ 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5..15 in respect of property insurance. final Inspection: 14,11 _ Cron written notice from CONTRACTOR that the anue Work or an agreed portion thereof is complcie, E' MINEER will make a final uuiuspecrion with OWE and CONTRACTOR and will u tii� CONTRACTOR in writing of all pertictlars in which this inspection reveals that the Work is incomplete or defective- CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final.4ppllcation for Paymemi 14.12. After CONTRACTOR has completed all such corrections to the, satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance mid operating instructio s schedules. guarantees. Bones, certificates or other evidence of insurance required by paragraph5A, ceruticates of inspection marked -up record documents (as provided in faragmph(19) and ether dccumeras, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for payment shall be acxonpamed (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including in g but >rrt limited to the evidence of insurance required by subparagraph 5.4.13, (it) consent of the surely, it' any, to foal payment, and (iii) complete and legally effective releases tr waivers (satisfactory to OW'\ETt i of all Lions arising out of or filed in connection with the 1Vork. In lieu of stich releases or waivers of Liens and as approved by OWNER, C 0AJkACtTOR may fumish receipts or releases in full anal affidavit of Ct)iN"TRACTOR that. (i) the releases and receipts include all Jabot, sery ices, material mid equ larian for which a Lien could be filed. and (ii)all payrolls, material and equiplient bills, and other indebtedness connected with the Work Ibr which MVNER or OWXEIV,s property might in any way, be responsible have been paid or otherwise satisfied) 11' am/ Subcontractor or Supplier tails 1 919-5 it zi'lU ti?eitiV111 a, O rY OF POa I C06Et 3v; i10t14rICATIe?Not (atN dr2tle(n to rococo such a release or receipt at full, CONTRACTOR may furnish a .Bond or other collateral satisfactory to Ol§`NM to indemnify OWNER against any Lien Releases o r waivers of_liens_anel the. consent of the surd to t' vmernt ar o lx submiti forms conformingtothe format ofthe QWP ,w3smndard foms,botutd in the project manual.. Final Payment andAcceptance: 14.13. If, on the basis of FNGIIN'FER's ohxetvation of the Work during construction and final inspection, and RNGiNSFR's review ofthe final Application for Payment and accompanying documentation as required by the Ccmraet Documents, HINKA HER is satisfied Clint the Work has been completed and C ()NTRACTOR's other obligations under the Contract lkcmnets have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for payment, indicate in writing ENGINFFR's recommendation of payment and present the Application to OWN'FR far payment. At the some time ENGINET"72 will also give written "we to OWNER and CONTRACTOR that the Wok is acceptable subjmt to the provisions of paragraph 14.15_ Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend Final payment, in which case CONTRACTOR shall make the necessary corrections and resubnmit the Application, That days atL¢r presentation to OWNER of the Application and accompany mg documentation, in appropriate form and sudvsa»nce and with FINGINFER's recommendation and notice of acceptability, the amount tecammerxled lay FNGIiNFF.R will become due and will be paid by 0W'INhR to CONTRACTOR141f91.tk Ia1CCUdL_1.7_ fL' _01 )ettet`#l_�'c�dl1lofx� 14.14. if through no fault of CONTRACTOR, final comppletion of the Work is significantly delayed and if F ! IiNFER so coafums, OW'1NER shall, upon receipt of CONTRACTOR's final Application tor payment and recommendation of ENGI IMR, and without terminating the Agreement, make payment of the balauce due for that portion of the 1Vork fully completed and accepted. If the remoating balance to be held try OIN, NLR for Work not fully complied or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written cnsett of the surety to the payment of the balance clue for that portion of the Work fully completed and accepted shall be submitted hq M\ RACTOR to ENt,INTiER with the Application for such payment. Such payment dmll be made under the terns and conditions governing final payment, except that it stall not constitute a waiver of claim& i river of Claims: 14A 5. The making and mucpwrre of final payment will constitute' 14.)5,1.a waiver at all claims by OW'Nkl1k against CONTRACi'OR. except claims arising roan unseAtW Liens, from dsfeetive Work appearing after 31 final inspection pursuant W paragraph 14.11, from failure to comply with the Contract Thxauments or the terms of alltyy special guarantees specified therein or Crean CONTRArTOks continuing obligations under the Contract Documents, and 14.15.2.A waiver of all claims by CONTI2ACFOR against OWNER other than those, lrevtously made in writing and still unsettled. ARTICLE: IS-SUSPF.IvS'tON OF WORE. AND TF.RN1lNATK)N 0IVAM Jigr ,%rspend Work. 15.L At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of to more than ninety days by notice in writing to CONI'I2ACfOR and rNGINE,ER which will fix the date on which Work will N resumed. CONTRACTOR shall resume the Work on the skate so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CC)N TRACTOR makes an appr�ved claim therefor as provided in Articles I I and 12. OWNL'R U,y Terminate: IS_2, Upon the occurrence of. any one or more of the following events: 15.2,1. if CX)NTRACTOR persistently thils to perform the Work in accordance with the Contract Document% (including but not limited to failure to supply sufficient skilled workers or suitable matenals or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to tone pursuant to paragraph 6.6) 15 2.2. if CONTRACTOR disregards Laws or Regulations of any putblic body havirngpirisdiction, 15,2.3. if CONTRACTOR disregards the authority of ENGINLER, or Is 2.4, of ('i:)NTRACTOR otherwise violates in any nubstantial way tray provisions of the Contract Documents, OWNER may. after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the cat nt permitted by Laws and Regulations, terminate the services of r`()Ir.`rR.-M'T0R ewlude CSL'VI'RACTOR from the site and take I-K -ssion of the 'Work and of all C:ONTRACTOIcs tools, apphariccs: construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (w5thout liability to C'OMACTOR for tresjxass or conversion), incorporate in the Work all matcrals and equipment stored at the site or for which OWNER has paid 32 �0(7Dec,uxI,tA,cc,NDIVIrrStsaasi£v9ohttnm w=can OF FOR -t colt INSM(e)n CAWcivsoxt.v 1(ZNKq CONTRACTOR but which are stared elsewhere, and finish the lkeirk as OWNER may doem 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 excectk all claims, toasts, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, lenses and damages exceed such unpaid balance. Col4"fRACTOR shall pay the t4cawe to OWNER. Such cams, costs, losses and damages inourrecl by OWNER will be reviewed by ENOR El R as to their reasonableness and when so approved ENGINERR incorporated in a Chringe Omer, provutkd of when excrcish* am rights or remedies under this pamgmph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. When: C:ONfRA(,TOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OlVNM aga st CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will to release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and WM;FNItBR, OWNEM may, without cause and without prejudice to any other right or remedy ofOW'NER, elect toterminate the Agreement. In such rase, CONTRACTOR OR stall be }raid (without duplication of any items); 15,4_L for comp)cW and ameptable Work exxuted in accordance with the Contract Documents pprrtor to the effective date of termination, including Gtir and reasonable sums for overhead and profit on such Work-, 15,4 2, for expenses sustained prior to the affective date of termination in performing services and €ur i shing labor, materials or equipment as required by the Contract Dccumeras in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit an such expenses, 15,4.3 for all claims, costs, cusses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliant and ohm, and 15 4.4. for reasonable cases directly attributable to termination. CONTRACTOR shall not be paid on account of kan of anticipated profits or revenue or other economic loss ansing out of or resulting tram such termiation. C:ONMICPOR T1aySRap Work or 1erodnate., 155If, through ugh no act or fault of CON' RACE OP, use Work is suspended for a period of more than ninety days by OWNER or under an orda of court or other public atnhority, or ENIOINT3T:it fails to act on any, Application for payment within thirty days after it is submitted or OWNER fails for thirty days to pay cuiv fRAt"foR any sum finally determined to be due, then C ONT.fRACTOR may, upon seven days' written notice to OWNER and R%GrNEER, and prov ided OVVNER or ENGINEER don" remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER ppaayment on the same terms as provided in ltaragmph 15 4 In lieu of terminating the :'agreement and without prejudice to any other right or remedy, if ENOMER has failed to act on an Application for payment within thirty days after it is submitted,. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to Ire due, CONTRACTOR may, upon seven days' written notice to OWNER and NNGIfg1 '.R sto the Work until payment of all such amounts due CONTRACTOR, including' interest thereon. The }mwistons of this paragraph 15-5 are not intended to preclude CC WI RAcTO')R from making claim under Amides I f and 12 for an inerease it Contract price or Contract Times or otherwise for eaTtenses or damage directly attributable to CONTRACTOR's stopping Work its permitted by this paragraph. , RT1CJX 16—DISPI TvRh.-'SC i TION If and to the extent that OWNER and COM RACTOR have agreed on the method and procedure for resolvim disputes between them that may arise tinder this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-N "Dispute Resolution Agreement", to be attached hereto and made a lxtrt hereof If no such agreement on the method and procedure for resolving such disputes has been reached, find subject to the provisions of pa nigraphs9.10, 4.11 and 9,12, OW3% R and CONTRACTOR may exercise such rights cx remedies as either may otherwise have under die Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NUSCELLAMDUS (firing Notice: 171 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered tit person to the individual or to a member of the beret_ or to an officer of the corpoution for whom it is intended, or if delivered at or sent by registerW or certified mail, postage prepaid. to thc last business address known to die giver of the notice. 17.2. Co»MmrarionofTime., 17.2.t. When any period of time is referred to in the Contract (Documents by days, it will he computed la exclude the first and include the last ciao of such period. If Use last dray of any such period falls on a Samrdav or Smnki-Ay or on a day made a legal holiday by the taw of de applicable jurisdiction, such day will Iv— omitted from the computation. EdCd�C GtA�iiAl. CC3h'9t17O,iU ! *.r lwi.5 (t w9 Edatai) tW 01 Y OF Foe I CI N,t.l Fi; LRt[)tr^7c'q'r1C1`nS (7tF,F -0 �OIN,7n 1722 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nod ee of Claim: 17.3, Should OWI ER or CONTRACTOR suffer injury or damage to person or property because of any error, omission o act of the other party or of any of the other party's employees or agents or others forr whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage, The provisions of this paragraph 17-3 shall not be construed as a substitute for or a waiver of the provisions ol'any ap Iicahie statute of limitations orrepose.CxmalaSve Remrdier. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and in particular but without limitation, the warranties. guammees and obligations imposed upon CONTRACTOR by paragraphs 612, 616, 630, 6.31, 6.32, 131. 13,12, 13.14, 14 3 and 15.2 and all of the rights and remedies available to OWNER. and ENGINF,FR 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 thorn which are otherwise imposed or available by Laws or Regulations by spatial warranty or guaramee or by other provisions of the Contract Documents, and the provisions of this raraginph will be as effective as if reMted spe4ifically in the Contract Documents in connection with each particular duty, obligation, right and remedy towhich they apply. 13nfeaaional Pees and C(mrrCosrs Included 17.5 Whenever reference is made to "claims, costs, losses and damages", it shall include in each cow, but not be limited to, all tees aml charges of engineers, architects, attorneys and other proLzionals and all court or arbitration or other dispute resolution costs 17 �x _ .Tim 6 i of ft . tuffs of Colcattdo app,tyro this AKeenent.__Hference to Con pgrtineutt,("olomdnrtutes are_Ai fot,., I..ows 1.7G' lt._n vFaun ns,.lt�ed C?a�:N1�Ij �a requitt+l, In L w {C RS 3a- 6 107j ttrwithhold firmin all payments to C+)tiTRACTO$ suFticicnt funds to insure the payment of all claims_t'cr labor materials, team him, sustenance rcn nscrn,•_ uvender or eke pho used or consumad__yb CONTRACTOR , or his 33 3A W("I0C Qk,'NIRAL S (MA-110W> 1919-8 J 09G Kdliol) WCl FY OFFOR[ (I)lIJ vS M1iC�171CATlf.1.`14 (RED -0f?60p) (Phis page left blank intentionallv.} eact�ccl E .a(.Cr, txnc� 191041199oEdhRllt 35 W PITY €W FORI CO LIA A s MODIP1 CA'HON", (RP6 1 ?000)