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Home My WebLink About202421 CULTER REPAVING INC - CONTRACT - BID - 6077 HOT-IN-PLACE RECYCLING PROJECTADDENDUM No 1 6077 Hot in Place Recycling Project SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6077 Hot -in -Place Recycling Protect OPENING DATE 3 00 P M (Our Clock) December 18 2007 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE 1 Revision of Section 108 Prosecution and Progress is revised as follows The number of working days for the City of Fort Collins is increased to 45 days The number of working days for the City of Loveland is increased to 20 days 2 Revision of Section 01010 Summary of Work is revised as follows Section 1 1 Description of Work Item C - Construction Hours In the City of Fort Collins the start time for construction on Harmony Road and for construction during the month of May will be restricted to 8 30 am Also work within 300 of all major intersections will be restricted before 8 30 am Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal Is a way of life 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 pro3ect 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 Rev 10/20/07 Section 00100 Page 3 CONTRACTOR at any time map ricbfy OWNER and ENGINEER in wntmg that CONTRACTOR considers any such pat of the Work ready for its attended use and substantially complete and request ENGINEER to tome a i,erlficale of Substantial Completion for that part of the Work Within a reasonable time after ettler suchrareqryueat, OW44M OONTRACTOR and ENGINEER stall make an aspectto n of that part of the Work to determine As status of completion If ENGINEER does rot consider that ppeerrtt of the Work to IV suhvmaually complete, IN CrTNEER will notify OWNER and CONTRACTOR in witting gwag the reasons therefor If ENGINEER caaiders that part of the Work to be substantall) complete the provisions of paragraphs 14 8 aM 14 9 will aptly with respect to aartification of SLbstamal Completion of that part of the Work and the da rmon of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of pan of the Work will be aaomplshed prior to compliance with the requirements of paragraph 5 15 in respect of property insurance Final fagwis n 14 11 Upon written notice from (X)Nl RACTOR that the. mute Work m an agreed portion thereof is complete, ENGTNrEF+ilt wdl make a final son with OWNER and CONTRA( I OR and well >mn CONTRACIOR in ivnhrng of all #arvmhirs in which this tnspeetion reveals that the Work is mcanplem or a4fedive (XWMACTOR shall immediately take such measures as are necessary to complete such work or remedy such defiomcnes FbW Application farPay)Nmnr 1412 After CONTRACTOR has completed all such corrections to ilia satisfaction of ENGINEER and delivered in Accordance with the Conuwa Doctuerus all matntenarice and operating instructions, schedules guarantees, Bawls, ceruficita or other evndera.e of msumnce rNuued by peregraph54 cenuhcates of inspection, marke"p ready documents (as provided in pwragrap h 6,19) and other documents, CONTRACTOR may make applaatim for final paymere following the pmcedue far (regress paymena. The fmud Applicationfa Payyan a shall be accompanied (except as preimusly cieliveral) by (I) all documentation called for in the Coranact Documems, Including but cot limited to the evidence of assurance required by subparagraph 5413 (u)conseiri of the surety it any to final payment, and (111)aamplete cal legally effective relm s or waivers (swttsfaetay to OWNER? of all Lams acing out of or filed in connection with the Work In two of such relasos or warves of Liens and as approved by OWNER CONTRACTOR may famish receipts car mlem is in fill and aR"dava of CONTRACTOR that (I) the releases and rutipts include all labor services, material and equipment for which a Lim could be filed and (it)all paynmlls, material and almpmenu bills, and other indebtisha s connected with the W ork for winch OWNER or OWNTsk s property might in any way be responsible have been paid or otherwise satisfied It am Subcormeti r or Supplier Imis kdM(6D&KAL COMITIONS 7910$ (19" Eisaum) a (I" OF pt)RT Ca I INS MMMC4rio"(Kn 12aan to furmtdx such a mkex or receipt m toll CONTRACTOR may farA a Bad or other unilateral satisfactory to OWNER to millma fy OWNER against any Len Releases m waivers of ltens__gpd the caaent of ilu surely to Cmaliae aM are b be whnxttcd on form der OWNERS lams could to yqd manual Finall'Q;,mmi an"acgitarce 1413 If cm the basis of FNCrINMs observation of the Weak during cosvuuim and final mspectm, and ENGINEER s review of the final Application for Payment and accompanying documentation as required by the Cagraot Documents,. ENGINEER is satisfied that the Work has been completed and OONTRA(TORs other orb tiers under the Contract Documents lave been fulfi }v IGINBhR well within ten days after receipt of the fmal Application for payment, ciliate in writing RNGINERRs recommendation of payment and present the Apphcatim to OWNER for paymem. At the seine time ENG1N ER well also give written ntaice to OWNFR and CONTRACTOR that the Work is acceptable subimt to the provisions of paragraph 14 15 Otherwise ENGINEER will return the Apph eau in to CONTRACTOR mekcmmg in writing the reasons for refusing to recommend feral pavmem m winch case CONTRACTOR shall make the necessary correctiors and tesubmt tixe Apphcahm. Thaw days after presentation to OWNER of the Applieatarn and accompanying documentation, In oppropnote form and subsixnce and with FNGINEERs recommedc aim and nova of "'ability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR sit ct m tareemoh 1 Z4.�.sL11 GsWIal gIMbBe+ 1414 If through no fault of CONTRACTOR, foal completion of the Work is sVdiimntlyy delayed aunt if FNOHNEER so confirms, OWNER ft 1, upon receipt of (ONTRA(rORs fund Qum for Payment and recrommerdauon of ENOAp R, aid without Mainuug the 4TMmem, make payment of the balance doe ter that portion or the Work fully completed and accsgmted If dic remaaung balance to be held by OWNER fa Work not Wily completed or i,arected is Ieo than the retamaige supmlated in the Agreement. and of Bonds have been turnisla d as required in paragraph s I the w,t m consent of the surety to the paymcot of the balance due for that pxirtlm of the Work hilly completed and aaepted shall be submitted by CONTRACTOR to ENGINEER with the Application lot sut,h payment Suds payment slag be made under the terns and corditiois govermni, load payment e.Ncept that it stall not constitute a waiver of Claims Waverof (tmms 1415 1 he making anal eaccpitarwc ul heel paymau w ill constitute 14 151 a waner of all clams hi 01ANjjR against CONTRACTOR except clams arising iron unsettled I serfs trom dafechv Work appearing after 31 final mspgAhon putalant to paragraph 14 11 from failure to comply with the COMIROCl Documents a the terms of arty spent grantees spmfied thereat or from CON1'E:ACTORs commumg obligations under due Camact Docianenis, end 14 15 2 A warver of all claims by CONTRACTOR aganar OWNER otter den those previously me& in writing and Rill unsettled ARTICLE I5S,SUSPENSION OF WORK AND TERMINATION OWNER May Sasperd Work IS 1 At any time and without cause OWNER may suspend the Work a portion thereof for a period of not mire data naety days by notice in writing to CONTRACTOR and ENUINM which will tot the date on which Work will be resumed CONTRACTOR "I Fume the Work m the date so fixed CONTRACTOR shag be allowed an adjustment in the Contract Pnce or an extension of the CAndract Tunas, Or bAht ductth aft nbumble to any such aisprnsmn if (ANT RACTOR makes an approved claim therefor as provided in Articles I 1 and 12 0WMER May Teredeare 152 Upon the occurrence of any one or more of dic ktlovntig e+eras 1$ 2 1 if CONTRACTOR prts�stently fails to peTam the Work in Recondense wuh the l,anuaa Documents (ucludmg. but not limited tut failure to supply suffiaeot skilled wakes or suitable materials in equipment or future to adhere to the progress schedule established under paragraph29 as adlusted tram time to tune Pursuant to paragraph 66) 1522 d MNTRACTOR danagarde Laws or Regulations of any public body have gTatelicton 1523 of CONTRACTOR dnssgord, the authamry of EN(ANLER a 1524 it CONTRACTOR otherwise violates an ant) substantial way any provisions of to Contract Documents OWNER mad after giving CONTRACTOR land the surety it arty) seven days' wnten notice and to the extent P"matted by Laws and Regulatore, tammato the services cf CON fRACI OR, exclude CON I R V I OR from the one and take Possession of the Work and of atl CONIRACTORs tools applam consirucuca equipment and machinery at the site and use the same to the full extent they could be used by t ONTRACTOR. (without liability to CONTRACTOR for respzss or conversion) mcrogxxate in the Work all materials and equipment steed at the sne or for winch OW NPR has paid 32 PiIGMODM,'I(A4[OhU171gARS 1AiU-a tt99P Cs�anmY w ary Or FORT Ma MMOA111CATIOMME! VZMI) CONTRACTOR but winch am stored elsewhere and €mush the Wakes OWNER. may deem expedient In such rase CONTRACTOR shall not be emaledto mcave any further payment until the Work is finished Tf the unpaid balanced the Contract Price exceed, all cleans, tvsts, kisses and damages urstmred by OWNER armeng out of or resulting firm complamt� the Work such excess will be paid to CONTRACTOR If such cleans, costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such clans. coats, looses and damages meurred by OWNER will be reviewed by ENGINEER as to thew reasonableness and when an approved Iry ENGINEER incorporated in Char Coder provided t when sxercusing any rights or remedes under this paragraph OWNER stall not he required to obtain the lowest pea fa the %ork performed 15 3 Where CONTRACTOR% services have been as terentrated bh OWNER, the teamrration will not affect cry rights a remedies of OWNER against CONTRACTOR that c sung or which may tlereater scents Any retention or payment of moneys due t ONfRACTOR by OWNER will not rchatae CONTRACTOR Gan liability 154 Upon seven days' written nonce to (,ONTRACfOR and ENGINEER, OWNLR may without cause and without prejudea to any other right a remedy of OWNER, elect tournament the Agreement In such case CONTRACTOR dell he pad (wdhmt duphostion of any items) 1541 for completed and acceptable Work executed in accordance with the Connect Documents prmr to the effective date of to rmisthan, mcludmg few end reasonable sums for overhed and profit on such Work is 42 for xx{{ sustained ;ran to the effective dare of lamf tron in polbirm rig services and turmshing labor materials or equipment as required by the Contract Documents; in camemdm with Uncompleted Wad, plus fair and reasonable sums for of ahead and profit on such expenses, 1143 for all clamps, costs losses and damages manned to ssuleme t of terminated connects with Subcontractors, Suppliers and others, and 15 4 4 for reasonable expanses dtmcrl} attributable la termination CONTRACTOR dull not be paid on amour, of boas of anmcgnued Profits or revenue or other eumanuc Ides rhsing out of or resulting tram such termination. ( ONTR ICPOR hfay Vop W vA ar I armature 15 5 IC thrmghno as or Rauh of CAN I RACTOR, the W al is suspended for a penod of more than mnery, days by OWNER or under an order d court or other public amkmry or KNGIIdEM fails to act on any Application, fa Peymem within thaly days after A is submitted a OWNER fails for thirty days to lay CoNlrRACTOR am sit, finally determined to be due that CONTRACTOR may upon seven days written trance to OWNER and ENGINEER. and jxovuled OWNER or ENGINEER do not remedy such suspension air failure within that time terminate the Agreement and reeova from OWNER Inaf to same s as prwtded m paragraph 15 4 tops Atpeemaa and without pm3udmct to any other rlgld a ranedy of 127O1A1GFiR. lies tetlacl to set to an Appihathon far payment within th t days after rt a sibmdted, or OWNER has fadcd for itarty day" to}wy CONTRACTOR any sum firstly tWtttntrxd tu be tkta CONTRACTOR mayy upon �m days' wnttm names to OWNER and ENGINFAR the Work mmtil ent of all such amouma doe CONTRACTOR, atdtdm� g a4aest tFhaean. The prwaiam of thus Pa ph 15 5 am Tux attended to preeLudc CONTRACTOR Gott mid mg cianm umda 'Liters 1 I and 1 ^_ fa an uureese an Chmnact Prix a• contract Tunes a mherwtu for expenses or damage directly attributable to CONTRACTORS stopping Work as pemhn ud by this paragraph ARTICLE 16—DISPLTTERESDI MON It and to the extent that OWtNLK and GONIRACIOR have agreed on the method and procedure for resolving diiputes betwem them that may muse under this Agreement such dispute revolution method and procedure, if a shall be ere as forth inExhdxt GC -A, DisputeResolution Agreement to be attached hereto and made a pan hereof If no such agteeanem on the method and procedure for Yet" such disputes has been muhed, and subject to the provisions of pumgraphu910 911 and 912 OWNER and CONTRACTOR may ounctse such rights or remedies as ether may othermac have under the Carnma Docaments or by 1,aws or Regutattom in msp ect of any dispute ARTICLE 17—NUKELLANMUS CRtng rbadee 171 Whenever any provmoh of the contract Documents requires th, 91" of written notice it will be domied to have been validly given it delivered at person to Ih� rrdnvhdual or to a memberof the firm orto rmofficerof the corporation for whom it its intended, on if delivered at a sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the nmu,c 172 CoaywtmronojrTune 17 2 1 When any prod of time is referred to in ilk Contract Dk ummts by days, it will be oomputed to exclude the first and include the lam day of such period. If the last day of any such prod falls on a Saturday rx Sunday a M a aai' made a legal hotnde>• by the law of the applicable juradretiom, such dam will he omitted tom the computation UW( 6hNmt 11 (61<41ION3 LID$ 099DHraam) -Inn OF FORS XX IA a MOt U IC4T 0NUM 4Qa0ni 1722 Acalendar dsy of twenty four haunt measured fimn andught to the rim midnight will constitute a day Nakee afC'faim 17 3 Should OWNER or CONTRACTOR suffer mj% or damage to person or property because of wry error omissh'i a ant of the other party or of any of the other PWs emplaYeos ca agents cr others for whose acts the other panty a legally liable clan will be made in writing to the other party within a reasonable time at the first observance of uch mfury or damage The provsions of the paragraph 17 3 shaU not be construed as a subahtme for or a waiver of the provisions of any applicable statute of lundatiea or repose Cumadatrve Remedies 174 The duties and obliptiorhs unposed by these Cenuml C.omhtims and the rights and remedies available haxmaler to the parties hereto and,in partmulm but without hmaatam, the warranties, guarantees and obligations imposed upon CONTRACTOR pamgmphs612 616 630 611 632 131 1312 1114 14 3 and 152 and all of the rights and remedies available to OWNER and FNCiINFFR Utemmda are in addition to and am not to be construed many way as a Imitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by ytemal warranty or guarantee or by other provisions of the Contract Dommmm, and the provISI ns of the paragraph will be as ef&etive as rf repeated specifically in the Contract Documents in connection with each particular duty obligation Tight and remedy to which they apply Prnfemormt Penand Gaurt CmUInduded 175 Whenever reference is made to charms, costs, losses and damages it shall Include in each case but not be limed to all fees and charges of angmeem architects attorneys and other professwnais and all court or arbitration or other dispute tesolunon costs 17A _ J11e Taws of 4K #us A&MMML eferenco mfa.91r'x,_JLimdn statutes ire as follows .L7.5 Lf.a.¢2d hMa1. OWNER Is nwuucJ bf Ixw {CRS ifi 26-107} to widmhrAd Goon ail pa}mints m 4.r NTRACTQR +•mom erht to umvve t• payment of all ciamme for lgbat materiak team jr SALO mz ,era moos. >r or otter suodles used or consumed Iry C)WRAc'T a his 33 34 WCOCULNERALwNa Roab 19104(1990fdNMMI w10I ()F tMf(YJUJ. MOVIFICA"Q6 (Rb4 IROOO( (fhm page left blank Intentionally ) w(,jxwNLm 35 a = OF F(AT MI I INS MOINFICAnOM Ma 12m, 36 tJGDC (&7267f.Af COhPIttV[iS 1910k 114BQ Shc�m} w CATY()tFlMT RtAJdiJS MfllNfli All(tNY (JiF� 12tXg1 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR r •a.• • •cr OWNFR and CONTRACTOR herein agree that Article 16 of the General Codnuons of the Construction (ontract between OWNER and CONTRACTOR is amended to include the following agreement of th, parties 161 All clamrs, disputes and other matters in question betw;15) en OWNER and CONTRACIOR ansuag nit of or g to the CF umfa clamrshamae" "I"ofpuymparagrapwall eded b} mbmmlon m aaxardmce with the Construction trduslry Arbmauon Ruka of the Amerman Ai$it, Assocnatron than claming, subject to the hmnmiors of the Article 16 This agreement an, to arbitrate and any other agreement or consent to arbitrate entered into an accordance herewith as provided in this Article 16 will be specr$ally enforceable rider the prevailing law of an) court having jurns hctioh 162 No demand fa arbntnumn of arty clatm it me or other matter that is required to be rafern.d to LN(ANLER uuuatly for decaron in accordance with paragraph 9 1 t wnTl be made utdrl the emlicr of (u) tla date on which ENGINEER has rendered a wntten de msmm a (b) the thuty-first day after the parties have presented their evidence to ENGINEER if a written decision has not beeps rendered by ENGINEER before that dot.. No demand for arbitration of an} such claw dislwte or other matter will be made later than thirty days after the date on which FNCINEER has rendered a written decision in realwci thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said thirty days period will result in ENGINEERs decision being turat and binding upon OWNER and ( ON]RA("I OR It FN(,INFLR renders a decision after arbitration pro.eedmgs have been masted such decision ma) be entered as evidence but will not supersede the arbatraum proceedings ev cept where the decision is acceptable to the parties eoracmed No demand to arbitration of any written decision of FdCINTrR re dered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered wntten notice of intention to appeal as provided in paragraph 9 10 163 Nottie of the demnaod I x uInn m ,, will be filed in writing with the otar pan) to th. Agrvagr tit and With the American Arbitration Assowiminn and a cop} will Ix sent to ENGINEER for information The demand for arbitration will be made within the turtyylav m ter -di, penof apcwtlted in paragraph 16 2as apphabk and malt other cases whtma a reasonable time after the c.Imm dispute or other matter in question has arisen and in m cv of shill any such drama) be made after the date when institution of legal or equitable pro ctsm s based on such ju m r dispute or other matter in question would be barred In the applicable statute of Immmtivw 164 no arbitration moat asot�rt oil amnia mph 165 below rg ung to am Ccmttaa Documents shall include by consolidation, paler or in arty other manner an other pegs err or entity (including ENGINEER, EZIEFEEs Consultant and the offioers. dlatetors, agents, employees a co milants of any of them) who is not a party to this caanat unless 16 4 1 the inclusion of such other person or emny is necessary of complete relief vs to be afforded among t}trwe who tie already patties to the arbitration and 1642 such other person or entity w substiuimdy involved in a question of law a fact which is common to those who are already parties to the artutratton and which will ana in such proceedings, and 1643 the written consent of the other rma a critity sought to be included mid of mid CONTRACIOR has been chained far such inclusion which consent shall make specific reference to this paragraph but no such cotada shall canshtute consent to irbitramon of my dispute not specifically described in such consent or to arbitration with am pare} not specifically identified in such =aem MIS Notwithstanding paragraph 164 if a claim dispute or other matter in question between OWNFR and CONTRACTOR involves the Work of a Subcontractor either OWNER or ( ONTRACTOR may join such Subcontractor as a pony to the aibntration between owN%R and CONTRACTOR hereunder CONTRACTOR shall include in all submnmms reVued by paragraph 611 a specific rmwision wheeby the Subcontractor consents to being joined in an arbmmwn between OWNER end CONTRACTOR anolvn3g am Work of such Subcorrawtor Nothing in eras paragraph 16 5 nor in the Provision of such subcontract consoling to joinder shall crate any claim right or cause of action in tavor of Subcontractor and agmrat OWNER, ENGINEER or LNGINEBR s Consultants; that does not otherwise exist 166 the award rendered by the arbitmtas will be imal judgment may be entered upon it many coin having jurisdiction thereon and it will not be suhlw to modhfiauonaappeal 167 OWNER and CON fRAC1 OR agree that they shill fart submit any and all insetted clams, counte darn%, disputes mad after matters in question between them ansing out at or mating to the Contract Ua,umaats or the brweh dierwf ( disputes ) w medrstmn by the American Arbitration Association under the ConstntWon Industry Mediation Rules of the Amerman Arbmmtion Association prim to either of them initiating against the otsr a demand for arbhtrauun pursuant to paragraphs 161 through 166 unks, May in initiating arbitration would irrevocably prejudice ore of the parties His, respective anaty and ten day time limits within which to file a demand for arbitration as provided in jimalgaphs 16 2 and 16 3 above shall be suspended with respect to a cbqure submitted to mediation, within those same applicable time hands and shall remain suspended unul ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement slmll rwh acne as arbitrator of suvh dispute unless ohenvoe agreed I AIX OLN7RAL IX NVJIION41910 8 i 1001,4bam (X At (Ill O}FORTMI aIMMOD(Ftt Al IONS r FI9") F]CDC OENRRAL CONDITIONS 1910 811990Rd, a ) u CITY OF roRT coumsmom ICATION5(E% "9 ) <t %I SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100 000/$100 000/$500 000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1 000 000 combined single limits (CSL) This policy will include coverage for Explosion Collapse and Underground coverage unless waived by the Owner 5 4 6The Comprehensive Automobile Liability Insurance policy will have limits of $1 000 000 combined single limits (CSL) 5 4 9This policy will include completed operations coverage/product liability coverage with limits of $1 000 000 combined single limits (CSL) Rev 10/20/07 Section 00800 Page 1 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 Revco/20/07 Section 00100 Page 4 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE 6077 Hot -In -Place Recycling Project 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 z 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 Rev 10/20/07 Section 00950 Page 1 NUMBER 1 2 3 Sect,nn nngtin APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT 6077 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 DATE Net Change by Change Order AMOUNT $0 00 The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retainage Less Retamage 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 By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER S Project Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Rev 10/20/07 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 Earned Percent UnitThis 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 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty Amount Cty Amount Qty Amount Period Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $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 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 Section 00960 Page 4 HOT IN -PLACE RECYCLING PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 01040 01310 01410 01510 01560 01700 01800 Summary of Work Coordination Construction Schedules Testing Temporary Utilities Temporary Controls Contract Closeout Method of Measurement and Basis of Payment PAGE NUMBERS General Reqs 1 3 General Reqs 4 5 General Reqs 6 7 General Reqs 8 9 General Reqs 10 General Reqs I General Reqs 12 General Reqs 13 SECTION 01010 SUMMARY OF WORK 1 1 DESCRIPTION OF WORK A This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating scarifying applying an asphalt rejuvenating agent and thoroughly re mixing and re shaping the old asphalt surface and then placing an overlay of new hot mix bituminous pavement A single machine that heats scanfies recycles and spreads virgin material all in one continuous pass shall be used This work shall be performed on designated streets in the City Fort Collins and the City of Loveland as described in Section 02500 Quantity Estimate and Section 03500 Project Maps 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 in to 6 00 p in 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 12 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A Notify private owners of adjacent property utilities irrigation canal and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Rick Richter will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins Dave DeBaere will be the ENGINEER (Project Engineer/Manager) for the City of Loveland Rick Richter 970 221 6798 Dave DeBaere 970 962 2510 F Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience Page 1 of 13 UTILITIES Water City of Fort Collins Colorado 970 221 6681 Meter Shop 970 221 6759 FortCollms Loveland Water District 970 226 3104 City of Loveland Water and Power Colorado Melissa Tolve 970 962 3709 Storm Sewer City of Fort Collins Colorado 970 221 6589 City of Loveland Stormwater Utility Kevin Gingery 970 962 2771 Sanitary Sewer City of Fort Collins Colorado 970 221 6681 City of Loveland Water and Power Colorado Melissa Tolve 970 962 3709 Electrical City of Fort Collins Colorado 970 482 5922 970 221 8553 City of Loveland Water and Power Colorado Kathleen Porter 970 962 3561 Gas Public Service Company of Colorado 970 482 5922 970 221 8553 Telephone US West Communications 970 484 0300 970 226 6310 Traffic Operations City of Ft Collins Colorado 970 221 6608 City of Loveland Colorado Bill Hange 970 962 2528 Cable Television AT&T 970 493 7400 *Utility Locates Under One call System 1 800 922 1987 Page 2 of 13 AGENCIES Safety Occupational Safety and Health Administration (OSHA) 844 3061 Fire Poudre Fire Authority Non Emergency 970 221 6581 Emergency 911 Police City of Fort Collins Police Department Non Emergency 970 221 6550 Emergency 911 Postmaster US Postal Service Judith Robertson 970 225 4111 Loveland Fire Non Emergency 970 962 2741 Emergency 911 Loveland Police Non Emergency 970 667 2151 Emergency 911 END OF SECTION Page 3 of 13 Lanmer County Sheriffs Department Non Emergency 970 221 7177 Ambulance Poudre Valley Hospital Non Emergency 970 484 1227 Emergency 911 Transportation Transfort 970 221 6620 Traffic Engineering 970 221 6608 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 Rev 10/20/07 Section 00100 Page 5 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 12 CONFERENCES A A Pre construction Conference will be held prior to the start of construction Contractor shall participate in the conference accompanied by all major Subcontractors including the Traffic Control Supervisor assigned to the project Contractor shall designate/introduce Superintendent and major Subcontractors supervisors assigned to project The Engineer shall invite all utility companies involved The Utilities will be asked to designate their coordination person provide utility plans and their anticipated schedules 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 Contractor and Superintendent Owners Representatives Engineer and Resident Project Representative Traffic Control Supervisor Others as may be requested by Contractor Engineer or Owner Page 4 of 13 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 Page 5 of 13 SECTION 01310 CONSTRUCTION SCHEDULES 11 GENERAL A The contractor shall prepare a detailed schedule of all construction operations showing start and end dates This schedule will show how the contractor intends to meet the milestones set forth 1 No work is to begin at the site until Owners acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials 12 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 13 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 Show delivery status of critical and major items of equipment and materials Include a schedule which includes the critical path for Shop Drawings tests and other submittal requirements for equipment and materials reference Section 01340 1 4 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen when requested by Owner or Engineer and with each application for progress payment B Show changes occurring since previous submission 1 Actual progress of each item to date 2 Revised projections of progress and completion C Provide a narrative report as needed to define 1 Anticipated problems recommended actions and their effects on the schedule 2 The effect of changes on schedules of others Page 6 of 13 15 OWNERS RESPONSIBILITY A Owners review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions END OF SECTION Page 7 of 13 SECTION 01410 TESTING 11 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 12 OWNER S RESPONSIBILITIES A Owner shall be responsible for and shall pay all costs in connection with testing for the following 1 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 13 CONTRACTOR'S RESPONSIBILITIES A In addition to those inspections and tests called for in the General Conditions Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following 1 All performance and field testing specifically called for by the specifications 2 All retesting for Work or materials found defective or unsatisfactory including tests covered under 1 2 above 3 All minimum call out charges or stand by time charges from the tester due to the Contractors 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 14 CONTRACTOR'S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work including that of his subcontractors to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications B Superintendence The Contractor shall employ a full time Superintendent to momtor and coordinate all facets of the Work The Superintendent shall have adequate experience to perform the duties of Superintendent Page 8 of 13 C Contractors 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 coverall construction operations and should be keyed to the proposed construction schedule D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions received from the Engineer and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to Engineer daily END OF SECTION Page 9 of 13 SECTION 01510 TEMPORARY UTILITIES 1 I 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 Fumish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 12 SANITARY FACILITIES A Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project B Properly maintain sanitary facilities of reasonable capacity throughout construction periods C Enforce the use of such sanitary facilities by all personnel at the site D Obscure from public view to the greatest practical extent END OF SECTION Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1 1 NOISE CONTROL A Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a in 12 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant 1 Chemical dust suppressant shall not be injurious to existing or future vegetation 1 3 POLLUTION CONTROL A Prevent the pollution of drains and water courses by sanitary wastes concrete sediment debris and other substances resulting from construction activities 1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts 14 TRAFFIC CONTROL A Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) the City of FortCollins Work Area Traffic Control Handbook and the City of Fort Collins Design Criteria and Standards for Streets Part2 General Requirements Subsection 1 4 Barricades Warning Signs Signal Lights In the event of a conflict between the MUTCD criteria and the City s criteria the City s criteria shall govern B For the City of Loveland Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) The contractor shall submit a traffic control plan to the Traffic Department (Bill Hange 970/962 2528) a minimum of 2 weeks in advance of construction The contractor and any traffic control sub contractor shall be prepared to discuss the plan with the owner at the pre bid meeting 1 5 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements both new and old from heavy loads These pavements may include but are not limited to recently constructed pavements recently overlaid pavements and/or pavements whose condition would be significantly damaged by heavy loads END OF SECTION Page 11 of 13 SECTION 01700 CONTRACT CLOSEOUT 1 I CLEANING AND RESTORATION A Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun This will include providing labor equipment and materials for cleaning repairing and replacing facilities damaged or soiled during construction The Engineer will be the judge of the degree of restoration required END OF SECTION Page 12 of 13 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1 1 DEFECTIVE WORK A Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance 12 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 fumishmg all matenals equipment and tools and performing all labor and supervision to fully complete the Work C Unit prices shall govern over extensions of sums D Unit prices shall not be subject to renegotiation 1 3 ESTIMATED QUANTITIES A All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The basis of payment shall be the actual amount of materials furnished and Work done B Contractor agrees that he will make no claim for damages anticipated profits or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor END OF SECTION Page 13 of 13 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 Rev 10/20/07 Section 00100 Page 6 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2005 and the Lanmer County Urban Area Street Standards April 2007 (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 nummum Standard Specifications of Compliance for this project In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections the preceding Sections shall govern INDEX OF REVISIONS SECTION 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 210 Adjust Manholes Valve Boxes and Meter Boxes 405 Heating and Scanfying Treatment REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows Subsection 105 11 shall include the following The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection measunng 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 matenals have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate Project Specifications— Page I of I I 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 days work It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area The Contractor shall utilize a combination of pick up brooms side brooms and/or other equipment as needed to clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner s cost to provide said service All cost of maintaining the work during construction and before the project is accepted will not be paid for separately but shall be included in the work Protect Specifications— Page 2 of 11 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows Subsection 107 12 shall include the following The fact that any underground facility sprinkler systems utility services etc is not shown on the plans details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract It shall be the Contractor's responsibility pursuant thereto to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns All restoration of landscaping and lawns damaged by construction operations other than concrete repair shall take place within three (3) working days from the date of damage All labor materials tools equipment incidentals and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately Project Specitications — Page 3 of l i 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 In Fort Collins the work shall be completed within the following calendar months JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within thirty five (35) consecutive working days after work commences for the City of Fort Collins Other restrictions are as follows ➢ Harmony Road must be completed prior to June 1 2008 East Horsetooth Road and -South Timberline Road must be completed between June I and July 1 2008 In Loveland the work shall be completed within the following calendar months JAN FEB MAR I APR I MAY I JUN I JUL I AUG SEP OCT NOV DEC It is the intent of this project to be completed within ten (10) consecutive working days after work commences for the City of Loveland Project Specifications— Page 4 of I I REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Section 210 of the Standard Specifications is hereby revised as follows Subsection 210 02 is revised to include the following Manholes valve boxes meter boxes and all other similar structures located in a pavement shall be adjusted as noted below Pnor to beginning any construction on existing streets that will receive reconstruction and/or overlay the Contractor shall mark on the curb and gutter with paint the location of all existing structures These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work All structures shall be adjusted to be 1 /8' to 5/8 below the pavement in Fort Collins The City of Loveland will provide special beveled riser rings with three and four percent cross slopes for manhole ring adjustment In Loveland the Contractor shall adjust all manhole structures to be 1 /8 to 3/8 below the pavement surface as measured both longitudinally and perpendicular to traffic with a 10 straight edge When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions to within one percent All Valve box adjustments shall be no greater than 1/4 below the pavement The Engineer shall determine the method of adjustment for each structure Valve boxes shall be adjusted by one of the following methods 1 Adjust by removing the existing pavement (concrete or asphalt) adjusting the valve by turning it to the proper grade trimming the existing asphalt by cutting vertical edges then spreading and mechanically compacting bituminous material This item will be measured and paid for separately under "Adjust Valve Box not including bituminous material 2 Adjust with adjusting rings These items will be measured and paid for under Adjust Valve Box with Ring including material (parts) The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If the Contractor is negligent and breaks the valve box said valve box shall be replaced at the Contractors expense Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal Manholes shall be adjusted with adjusting rings This item will be measured and paid for separately under Adjust Manhole with Ring Rings shall be provided by the City When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or noisy under traffic shall be replaced/reinstalled by the Contractor as directed by the Engineer The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes valve boxes or other structures during the construction process In the event that a structure was not properly adjusted (i a too high or too low) written notice will be given by the Protect Specifications — Page 5 of 11 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days In the event that the structure is not adjusted within said time frame the Engineer shall have the right to engage a third party to complete the work and to withhold the cost of such work from payments due the Contractor The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work Payment will be made under Pay Item 21001 Adjust Valve Box Pay Umt Each 210 02 Adjust Valve Box With Ring Each 210 03 Adjust Manhole With Ring Each The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in adjusting structures complete in place as shown on the plans as specified in these specifications and as directed by the Engineer Protect Specifications — Page 6 of l l REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following DESCRIPTION This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement Rehabilitation shall be done with specially designed equipment in a simultaneous multistep process of heating scanfying applying an asphalt rejuvenating agent and thoroughly re mixing and re shaping the old asphalt surface and then placing an overlay of new hot mix bituminous pavement in compliance with the Imes grades thickness and typical cross sections shown on the plans or established by the Engineer The work shall include compacting the rehabilitated surface NOTE This work shall be performed with a single machine that heats scanfies rejuvenates and spreads virgin material all in one continuous pass Additional pre heaters may be utilized to achieve specified depth and temperature Turn Bays delineated by median curb will not be included in this project Signal Loops will be lowered to a minimum depth of 6 inches prior to construction under separate contract Taper planing will be provided prior to construction under separate contract MATERIALS Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use and shal I conform to Section 702 04 and revisions thereto A manufacturer s certification shall be submitted for each load of rejuvenating agent delivered to the project The City shall supply sufficient cores at various locations representing the entire project in each city to determine the bitumen content absolute viscosity and penetration of the bitumen in the top 1 of the pavement The Contractor shall utilize this data to establish the type and amount of rejuvenating additive The recommended amount with the test data and core locations shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval Rejuvenating agent will be paid by the gallon of actual field measured quantities Costs associated with producing the mix design will not be measured or paid for separately but will be considered incidental to the work Grading SX hot mix bituminous material will be provided by the City of Fort Collins including haul to the project under separate contract Grading S or SX hot mix bituminous material will be provided by the City of Loveland including haul to the project under separate contract EQUIPMENT The Contractor shall specify in the bid proposal the type of equipment intended for use on this project The equipment shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for evaluation by the Engineer The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no additional cost to the City The recycling equipment shall meet the following requirements Project Specifications — Page 7 of 11 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT Repaver Equipment The equipment for this work shall be a self contained self propelled automated unit capable of heating scarifying (or milling) mixing with approved rejuvenate redistributing and leveling the existing asphalt pavement to the specified depth of one (1) inch all in a single pass It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or as directed by the Engineer It shall be capable of applying a one (1) inch new hot mix bituminous pavement layer over the hot partially compacted recycled mixture Heating Unit This unit shall be hooded to prevent damage to adjacent property and plant growth including trees and shrubs It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the required depth without breaking aggregate particles or charring the pavement surface Scarifying or Milling Units The scanfiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1) inch in one pass Scanfiers or millers shall be equipped with separate automatic height adjustments which allow clearance over manholes and other obstructions Rejuvenating Agent Applicator This system shall automatically add rejuvenating agent to the scanfied material at a uniform rate as approved by the Engineer The application rate shall be synchronized with the machine s forward speed to maintain a tolerance within 5% of the specified rate The Contractor shall provide detailed information regarding calibration within six months of the beginning of the project Conveying System This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix bituminous pavement material to the finishing unit Recycling Unit This unit shall consist of a system which mixes distributes and levels the scarified material over the width being processed to produce a uniform cross section grade and texture of recycled material Finishing Unit This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as directed by the Engineer The unit shall be capable of producing a uniform slope grade and texture Rollers Rollers shall conform to Section 401 and revisions thereto Project Specifications — Page 8 of I 1 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT CONSTRUCTION REQUIREMENTS Immediately before pavement recycling the pavement to be treated shall be broomed or otherwise cleaned of all loose particles trash debris earth or other deleterious materials All weeds in the gutter line shall be removed The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work The Contractor shall be responsible for protecting the area adjacent to the work from heat damage If damage occurs, the Contractor shall replace all damaged areas landscape curb parked vehicles overhead Imes etc at no cost to the City Where equipment comes into contact with tree branches and other plant material the contractor shall exercise suitable caution to avoid damage to all trees shrubs and other plant material All trimming shall be performed under the direction of the Engineer or City Forester The Contractor shall provide fire fighting equipment which will not be measured or paid for separately but shall be considered incidental to the work The heating shall be sufficient to soften the pavement to the extent that it can be scanfied or milled to a depth of one (1) inch Heating shall be done in a manner that will assure uniform softening and will not char the asphalt To provide a welded longitudinal joint the standing edge of the adjoining asphalt pavement shall be fully heated to a width at least 2 inches beyond the width to be scanfied and rejuvenated When a pass is made adjacent to a previously placed mat the longitudinal seam shall extend at least 4 inches into the previously placed mat Immediately following heating the pavement surface shall be scanfied or milled to the specified depth The scanfied material shall have a temperature between 225' and 2650 F unless otherwise directed by the Engineer The material shall be leveled mixed and treated with a rejuvenating agent The application rate shall be as shown on the plans or as approved by the Engineer Application rate for the rejuvenating agent may be adjusted as necessary to maintain a uniform mixture New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being processed After it is placed and while it still has a residual temperature of at least 190° F a one (1) inch layer of new hot bituminous pavement material shall be placed over it Grading S or SX hot mix bituminous material will be provided by the City including haul to the project under separate contract Compaction equipment shall be of sufficient type and size to compact the surface course to the required density Due to varying properties of the existing asphalt pavement the following adjustments shall be made if required and as directed by the Engineer • Depth of scarification may be vaned • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain a uniform mixture • Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to maintain the design depth of combined recycled and new hot bituminous pavement The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of temporary delineation The temporary pavement marking tape shall be placed daily on the former alignment of previously existing centerline and lane line striping on the area paved The Contractor shall be responsible to ensure accurate placement of the temporary pavement marking tape Tape shall be reflective and uniform in color to the existing striping color they are replacing The Contractor shall place the temporary pavement marking tape in two (2) foot strips Project Specifications - Page 9 of I I 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 ma3or 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 Rev 10/20/07 Section 00100 Page 7 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT at twenty foot (20) maximum spacing The cost of temporary pavement marking tape and installation shall not be measured or paid for separately but shall be Included in the cost of the Work Temporary pavement marking tape shall be submitted for approval by the Engineer prior to construction TRAFFIC CONTROL City of Fort Collins Traffic Control will be provided by the City of Fort Collins Streets Department under separate contract Extensive coordination between the Contractor and the Streets Department is required The Contractor shall meet with the TCS a minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project In the event the project is delayed the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work again City of Loveland Traffic Control for the City of Loveland shall be provided by the Contractor in accordance with MUTCD Specific information regarding traffic control requirements maybe obtained from Bill Hange City of Loveland Traffic Department at 970 962 2528 Streets to be posted with NO PARKING signs shall be posted 48 hours prior to work The signs shall clearly state the appropriate date that work will commence and be finished NO PARKING signs shall be turned away from traffic for weekends and weather days NO PARKING signs shall be posted both sides of the road at 100 foot on center spacing All work shall be performed between the hours of 7 00 a in and 6 00 p in weekdays or as directed by the City Traffic Department STAGING AREA The Contractor is solely responsible for finding and securing a suitable staging area The location of the staging area must be submitted and approved by the Engineer prior to use Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner pnor to mobilization and use The Owner shall be allowed access to the load site at all times The Contractor shall also submit a letter of indemnification to the Owner and the property owner MANHOLES AND WATER VALVES Manholes & valves shall be adjusted immediately following the paving operation using rings provided by the City as described in Revision of Section 210 Adjust Manholes Valve Boxes Meter Boxes enclosed herein WEATHER LIMITATIONS Weather limitations for work on this item shall be a minimum of 50' F and rising METHOD OF MEASUREMENT Heating and scarifying treatment will be measured by the square yard completed and accepted Rejuvenating Agent will be measured by the gallon of actual material used in place Protect specifications —Page 10 of 11 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT BASIS OF PAYMENT The accepted quantities of pavement recycling will be paid at the contract unit price per square yard Payment shall include cleaning the existing pavement surface heating scarifying redistributing leveling placing and compacting bituminous pavement Asphalt rejuvenating agent will be paid for by the gallon used in place Payment will be made under Pay Item 405 01 Hot In Place Recycling 405 02 Rejuvenating Agent Unit Square Yard Gallon 630 01 Traffic Control City of Loveland Only Lump Sum 630 02 No Park Signs City of Loveland Only Lump Sum Project Specificafions — Page I I of I SECTION 02500 QUANTITY ESTIMATE Hot In Place Recycling Project CITY OF FORT COLLINS FROM TO 21001 21002 21003 40501 40502 Adjust Valve Box Adjust Valve Box w/ Ring Adjust Manhole w/ Ring Hot In Place Recycling Rejuvenating Agent EA EA EA SY GAL E HARMONY ROAD RR TRACKS W OF TIMBERLINE ROAD STRAUSS CABIN ROAD 15 15 30 140208 11217 SOUTH LEMAY AVE HARMONY ROAD MUIRFIELD 5 (0 10 39589 3167 EAST HORSETOOTH TIMBERLINE ROAD ZIEGLER ROAD 5 10 10 36439 2915 SOUTH TIMBERLINE ROAD N OF HARMONY ROAD VERMONT DRIVE 5 10 10 45310 3625 PROPOSED TOTAL UNITS 30 45 60 261546 20924 CITY OF LOVELAND FROM TO 21001 21002 21003 40501 40502 Adjust Valve Box Adjust Valve Box w/ Ring Adjust Manhole w/ Ring Hot In Place Recycling Rejuvenating Agent EA EA EA SY GAL WEST 22nd STREET TINCUP DR N TAFT AVE 0 41 29 38674 3094 WEST l8th STREET HILLROSE DR N TAFT AVE 0 32 14 21928 1754 NORTH DOUGLAS AVENUE W 36th ST W 30th ST 0 5 0 9489 759 NORTH BOISE AVENUE PARK DR NICKEL DR 0 37 23 31082 2487 PROPOSED TOTAL UNITS 0 115 66 101173 8094 SECTION 03500 PROJECT MAPS City of Fort Collins City of Loveland gh2008 hot In Place Recycling Project N City of Fan comas � cNamelow .. . 1 ��f E�1111� F yr` w � � elm No Text OWNER is exempt from Colorado State Sales and Use Taxes on materials and 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 Rev 10/20/07 Section 00100 Page 8 SECTION 00300 L-31M0mno no -Mu 0 SECTION 00300 BID FORM PROJECT 6077 Hot -In -Place Recycling Project Place /GI�Qf�Gc'Nb.�6 Date 1 In compliance with your Invitation to Bid dated ,&W oV1, 20a7 and subject to all conditions thereof, the undersigned a (Corporation, afry, ,- partnershj:F, je-j;t zenture,eL. Sete Prejp�rza-) 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 stand Bid bond in the sum of ffam. , ��4 a"- �1��- ($ 4 a3 ) in acccgdawe with thettnvitation id ant- Instructions to Sifiders 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 andpayment bonds is as follows -7V4 1 4,,�rj Oh Izyn i. i //n.iu Aw ✓e / /_, 1. 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 Rev 10/20/07 Section 00300 Page 1 8 BID SCHEDULE (BASE BID) A B C D E F G H Item Umt City of Fort City of Fort City of City of No Descriphon Price Unit Collins Collins Cost Loveland Loveland Quantity (C x E) Quantity Cost (C it G) 40501 Hot In -Place Recycling a 1319 SY 261546 $�� SSO 100000 $e730�OCDUD 40502 Rejuvenating Agent 3 /p Gallon 20924 $� $6�� 8000 $ �feF�jj up 21001 Adjust Valve Box 83 po Each 30 0 $ _ 21002 R nValve Box with g kv Each 45 $ UD 115 $ 210 03 Adjust Manhole with Ring /40 Ot7 Each 60 $ 7 Upp dQ 66 63001 Traffic Control City of Loveland Only M,00 1z Lump S. — 1 $ fad dD 63002 No Parking Signs City Loveland Only 4 ODD av Lump — 1 $ of Sum /, ero a TOTAL COST $Gg.? AV A$,2m 20C City of Fort Collins Total Cost (F) $ 6 5VI Oe 00 City of Loveland Total Cost (H) $ 159 ow ov Total Project Cost (F+ H) s 9,7/ 670, ZD 4u a e AA1A.J4d WAV1, arm 7Ac 1-4 Dollars and /_ . e _,�_ Cents Signed /IAAgA�e�//�%k�S Address 9o?J t H'Jr Company L,ZTA gAnl /NGWlc AGIIQfnlG� Check One Individual Doing Business in Company Name X Corporation Partnership .27Y 4 J_ _ Wa G 60,46 Phone/Fax -N5_ $r4j 15 4 Revta20/07 Section 00300 Page 2 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 /� 1J7� F2 �f6�,4✓/,JG I �G CONTRACTOR BY i'N�p�� VF�X�Q,✓A A107 Signa t u r e Date riK�J/.c7�.11�f' Title License Number (If Applicable) (Seal q L-2— Attest Address 9�/ c46r 127fv .3f ly A. 111 5 f f Lq6fyf ki LC, ,fib to Lo4G Telephone /?� - g¢g- /5'?4 Email /3✓FAKE-?W*edZ,cE,PWej VIA16 Rev 10/20/07 Section 00300 Page 3 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOT -IN -PLACE RECYCLING PROJECT BID NO 6077 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS December 18, 2007 — 3 00 P M (OUR CLOCK) SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 10/20/07 Section 00410 Page 1 *Hartford Fire Insurance Company BID BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned (;,ti�arRgpavmg Inc as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado as OWNER in the sum of $ 5% amount of bid 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, 6077 Hot -In -Place Recycling 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 Rev 1W20107 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 18th day of December 2007, 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 Cutler Repaving Inc Address 921 East 27th Street awrence KS 66046 sy Title ATTES By oca� 10 ♦ M _ A�: �:I aF Rev 10/2=7 (SEAL) SURETY Hartford Fire Insurance Company P O Box 2103 Hartforrd- CT 06115 By f T / e Judith A. Eaae Attorney -in -Fact .ap ✓Jr.� (SEAL) 4 Section 00410 Page 3 DNeDt hhquMea�layma to POWER OF ATTORNEY THE HARTFORD BOND, T1 PO 3OX2103 BBOASYLUMAVENUE HARTFORD CONNECTICUT OGI15 tasT Ma4M-UBB "fax MO 7574MM KNOW ALL PERSONS BY THESE PRESENTS THAT Agency Cods. 37-P01000 Hartford Fire insurance Company a corporation duty crgaourod ender the laws oftho Sate of Conuecnaut Q Hanford Casualty Insurance Company a corporation duly criticized under the Iowa ordte side of induce, Q Hartford Accident and Indemnity Company a corporahon duly organized under the laws of the State of Comumout © Hartford Underwriters Insurance Company aoogwrmon duly otgenued under the lava of the Sorts ofCousectiout Q Twin City Fire Insurance Company aemponaan dulycrfuland under the laver ofthe Sore of Indtam Q Hartford Insurance Company of Btinss a corpontton duly "pound seder the lava of the Stew of Illinois Q Hartford tsauranas Company of the Ntdwest a ctxponson duly ordamnd under the laws of the Stele ofkduna Hartford Inaummm Company of the Southeast a corporations duly organized under the laws of the Sole of Fluids up to ON amount of UnMM fsd --••—.." Robert 9. Fiats Scott 14 Fws Droste D Mffedgs Mafrew L 01y Pokka M Larson 4Wh A Pape of Shawnee Mrnkn KS their true and laarful Attomsy(s) In•Fack each In their separate capacity d mom than ores as named above to sign bat more as suroty(ks) only as cultivated above by ® and to weoubt seal and acknowledge any and all bonds tmderkidngs OOstrects and other written Instruments th the nature theraof on behaff of the Companies In their business of guarsntaartg are Hddity of poison guaranteeing do performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any adtone or proceedings allowed by law In Witness Whereof and as author(md by a Resolution of the Bab of Directions of to Companies on Jores ry 22 2004 the Compact" have caused theca presents to be signed by de Assistant Vices President and its corporate nab to be hints of red duly attesed by he Assistant Secretary Further pu must to Resolution of Use Boat of Directors of fit Component the Companies hereby unambiguously affirm that they are and will be bound by any meohmnroaliy applied slgnstues applied to this Power of Attorney (err rrre)m ai r a yrwe X a u anti +aN► Lira �1sTe r►ie r • e` Paul A Berg"hoft Asslelam Secretary M Row Fisher Assistant Vice President STATE OF CONNECTICUT Sit. HBATord COUNTY OFHARTFORD On this I° day of February 2004 before me personally cams M Ross Fisher to me known who being by cis duly sworn did depose and say that he residue, in the County of Hallorel, Stsb of Connecticut, that he k the Assistant Moe President of the Companies tiu corposyoc described In and which executed the above katrumenk that he knows the wale of the said corporations that the aeeis alibied to the cold Instrument are such corporate swim that they were so aabted by authority of the loots of Dtrsotars of UM corporations and that he signed his name thereto by like authority 0 amuse Flee. Navy hi so C@IIIRCRIE My OoatwetieuM0aeta111t07 I the undersigned Assistant Vlore Prwklart of the Companies DO HEREBY CERTIFY thost.oMabove and foregoing In a true and correct DOPY of the Power of Attorney exeotltsd by Said Conpaeies, which In sti0 In full force etteo5ve so of Signed and sealed at the City of Hartford O7da is car► �r+n e1i / gelds ,i la Ta �fe Ta late Yy� 4�•erysgn.., i'^tl� G'Si t •tlf s .{�" �R �- r' e o Jam/ % o°o aoa e fit wit t Gary W Stsmper Assistant Vice Promised 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 �/fT/�� JSO 4✓IV4 G /,46/ 2 Permanent main office address YR) ��u W�r✓' , �9`p0 �5 Gbo'l6 3 When organized 4 If a corporation, where incorporated �EL/iU�i4Q� 5 How many years have you been engaged in the,fontracting business under your present firm or trade names V '14W6 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) hl x0Gj- L�o0,v-� . Fi / Sao, 00 3 Zug* 7 General chiracter,f Wor�sjperformed by your c 8 Have you ever failed to complete any Work awarded to your A10 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? �)D If yes list agency name Rev 10/20107 Section 00420 Page 1 11 List the more important pro3ects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction /,��rY�' Cei�,ury DF'�,✓�ER �b78� �99 �o-�rra6 A/1Dib /n,,.ro<i 7 �A� i 4iq n7n it d D7 12 13 14 List your major equippent availablQ, for this contract Experience in construction Work similar in importance to this pro]ect JEE Background and experience of the principal members of your organization, 15 Credit available $ a ary 16 17 18 19 9V Bank reference �:)ou4LA4 Z;Vtn 44,41 -)85 �G Ivey 6't46 &VAI Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNERP Are you licensed as a General CONTRACTOR'P _ yf� If yes, in what city, county and states yhAflp AC. What class, license and numbers) Do you anticipate subcontracting Contract') —/Up If yes, what percent of total contract7 and to whom? Work under this Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL Rev10/20/07 Section 00420 Page 2 21 What are the limits of y� public liability DETAIL What company's :W 22 What are your company's bonding limitations 06Q)14/15� 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 llwwrwa, F-3 this A!�- day of T146�oz , 2007 /1J1.F.Q F i9'liJGr, 1/JG Name or11de�By �j✓� Title '/(J/j�.r'.�'f State of )4jSA5 County of Z( UCILAS Lis -K VESKEkN� bei�}g duly sworn deposes and says that he is ,C,EI,0,;7r of �s7LE',C '7efPAV Jj A/Q and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscrib nd sworn to fore me this day of �ECEM&*-, 200? K R. No-ttaa Public \ ,uorni K l(FFMAN My commission expires a —oaf_ n 1 �j NOTARY PUBLIC • Staie dKwt� JUDITH K. MYN�O. 0 0 Rev 10/20/07 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 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date January 16, 2008 TO Cutler Repaving, Inc PROJECT 6077 Hot -In -Place Recycling Project OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated December 18, 2007 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6077 Hot -In -Place Recycling Project, a cooperative bid with the City of Loveland and will be renewable for one (1) year with the option to renew for four (4) additional one year periods This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used The Price of your Agreement is Six Hundred Eighty Two Thousand Four Hundred Seventy Dollars and Twenty Cents ($682,470 20 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 January 31, 2008 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 City of Fort Collins _OWNER By C eQ J mes B O'Neill, II, CPPO, FNIGP rector of Purchasing & Risk Management Section 00510 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00020-1 00020-2 00300 Bid Form 00100-1 001009 00400 Supplements to Bid Forms 00300-1 - 00300-3 00410 Bid Bond 00400-1 00420 Statements of Bidders Qualifications 00410-1 - 00410-2 00430 Schedule of Major Subcontractors 00420-1 00420-3 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00530 Notice to Proceed 00520 1 -00520-6 00530 1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00630 Certificate of Insurance 00615-1 - 00615-2 00635 Certificate of Substantial Completion 00630-1 00640 Certificate of Final Acceptance 00635-1 00650 Lien Waiver Release(Contractor) 006401 00660 Consent of Surety 00650-1 - 00650-2 00670 Application for Exemption Certificate 00660-1 0060-1 - 00670 2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 00700 34 Exhibit GC -A 00800 Supplementary Conditions GC -Ai - GC-A2 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 00520 AGREEMENT THIS AGREEMENT is dated as of the 16 day of January in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Cutler Repaving, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 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 6077 Hot -In - Place Recycling Project and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins Engineering Division, 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 This Agreement shall commence January 31, 2008, and shall continue in full force until February 1, 2009, unless sooner terminated as herein provided In addition at the option of the City, the agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing 3 2 The Work for Fort Collins Projects shall be Substantially Complete within thirty-five (35) consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within thirty (30) consecutive working days after the date when the Contract Times commence to run 3 3 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions Section 00520 Page 1 They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 1) Substantial Completion One Thousand Dollars ($1,000) for each consecutive working day or fraction thereof that expires after the thirty-five (35) consecutive working 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 consecutive working day or fraction thereof that expires after the thirty (30) consecutive working 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 Six Hundred Eighty Two Thousand Four Hundred Seventy Dollars and Twenty Cents ($682 470 20, 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 Section 00520 Page 2 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 1009 of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the 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 Section 00520 Page 3 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows N/A The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers 1 to 1, inclusive 7 5 The Contract Documents also include all written amendments and Section 00520 Page 4 other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document OWNER -,CITY OF FORT COLLINS By JAMEfB O'NEILL II, CPPO, FNIGP DI ECTOR OF PURCHASING Date Attes Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approved as to Form CONTRACTOR nCutler Repaving, Inc By Title Date Q"AW as avag' (CORPORATE SEAL) Attest ,(�`(, �C 4 IJ Address for giving notice§<Ie 9aj a d-) ,T S-r r LAwA b ip a (0 -q 9 ! "1 LICENSE NO j$�a� Section 00520 Page 5 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6077 Hot -In -Place Recycling Project 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 20 and 20, respectively City of Fort Collins OWNER By Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Cutler Repaving, Inc By Title 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 37BCSES8153 KNOW ALL MEN BY THESE PRESENTS that (Firm) Cutler Repaving Inc (Address)921 East 27th Street Lawrence KS 66046 (an yfRdQ9Q , (XXXXXXX*X%UQM (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Fire Insurance Company (Address)Hartford Plaza 690 Asylum Ave Hartford CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave, Fort Collins Colorado 80522 a {Munlcip� r o t n h�{einafdteFsOUf AIUndrr t0 as the "OWNER", in the penal sum of U4R� 8/id17U�n ($682 470 20) 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 16 day of January, 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6077 Hot -In -Place Recycling Project 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 Rev10120/07 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 rs executed in three (3) counterparts, each one of which shall be deemed an original, this Zj day of January , goQ8 �T (Corporate Seal) IN PRESENCE OF (Surety Seal) Princ.%pal Cutler Repaving Inc By 1 1 921 East iWAtreet Lawrence KS 66046 (Address) Other Partners By By "ty`Hartford Fire Insurance Company 1 5225 w ZM Street #200 (Address) Shawnee Mission KS 66208 NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR 3.s Partnership, all partners should execute Bond Rev 10=107 Section 00610 Page 2 fp a .A rr .a 1ol SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 SECTION 00615 PAYMENT BOND Bond No 37BCSES8153 KNOW ALL MEN BY THESE PRESENTS that (Firm) Cutler Repaving Inc (Address) 921 East 27th Street Lawrence KS 66046 (an AXKk) C, (aX)g@B6f1W4iWW4M, (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Fire Insurance Company (Address) Hartford Plaza 690 Asylum Ave Hartfoard CT 06115 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 (Municip X �orgoar � d h1 ousanbV � �i i�i� eer� ($682 470 20 a OWNER", in the penal sum of eve ``i�j'oo7A1 ) 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 16 day of January, 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6077 Hot -In -Place Recycling Project 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 Rev 1012=7 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 24 day of January 2008 �.. OF la� (Corporate Seal) IN PRESENCE OF Principal Cutler Repaving Inc By 4,L,&LWyJ� ��FnJr (Title) 92/ e ,Z-7"-'sT r � LAwkEnICC x5 GGoy[.-y917 m (Addressf i Ay Other Partners IN P$ES£NCE OF su"t�Hartford Fire insurance --Bv`Audith A Page Attorney -in -Fact �v {Address)5225 75th treet Seal) Shawnee Mission KS 66208 q-6 NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev10/20/07 Section 00615 Page 2 Direct Inquinealclaims to POWER OF ATTORNEY THE BOND T4ORD P O BOX 2103 690 ASYLUM AVENUE HARTFORD CONNECTICUT 06115 call 888 288-3488 or fax 860 7575835 KNOW ALL PERSONS BY THESE PRESENTS THAT Agency Code 37 281089 0 Hartford Fire Insurance Company a corporation duly organized under the laws of the State of Connecticut Hartford casualty Insurance Company a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest a corporation duly organized under the laws of the State of Indiana Hartford Insurance company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford Connecticut (herematter collectively referred to as the Companies ) do hereby make constitute and appoint, up to the amount of unlimited Robert B Fiss Scott H Rest Droste D Mitledge Melissa L Ory Patrice M Larson Judith A Page Of Shawnee Mission KS their true and lawful Attorney(s)-in Fact each in their separate capacity if more than one is named above to sign its name as surety(es) only as delineated above by ® and to execute seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required a permitted in any actions or proceedings allowed by law In Witness Whereof and as authorized by a Resolution of the Board of Directors of the Companies on January 22 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed duly attested by its Assistant Secretary Further pursuant to Resolution of the Board of Directors of the Companies the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney . "iet,\} ►Oe► � s`ep 7js�+•..p rs ~� '�s it's/. w4NN i\M1a70 i �fa7a97► ^ sM1 •. s Paul A Bergenhosz Assistant Secretary M Ross Fisher Assistant Vice President STATE OF CONNECTICUT s& Hartford COUNTY OF HARTFORD On this is day of February 2004 before me personally came M Ross Fisher to me known who being by me duly sworn did depose and say that he resides in the County of Hartford State of Connecticut that he is the Assistant Vice President of the Companies the corporations descnbed in and which executed the above instrument that he knows the seals of the said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority Notary Paseke NoteryPublic rlitTRCAiE My Catelei- n Fnpaes October 31 2007 I the undersigned Assistant Vice President of the Companies DO HEREBY CERTIFY thatile above and foregoing is a true and correct COPY of the Power of Attorney executed by said Companies which is still in full force effective as of ff Signed and sealed at the City of Hartford�.au„x, rrM1 �7 i '.. �� xiavr` G ►ae>. 7 +s•rrk a o A �✓ Sys.. s„ �saraP T�irxar rF ra a : 1071 4 0", T Gary W Stamper Assistant Vice President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 ACORD CU CERTIFICATE OF LIABILITY INSURANCE OPTLE-2ID S Ol 2408 DATE (MMIDD/08 r PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION l ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ohnston Fiss Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 225 West , th Street, IShawnee Mission KS 66208 Phone:913-396-0800 Fax:913-396-0835 Cutler Repaving, Inc. Attn: Bob Veskerna 921 E. 27th Street Lawrence KS 66046 rnvenwn_ce INSURERS AFFORDING COVERAGE INSURERA. Hertford Underwriters In. Co. INSURER BHartford Fire Insurance INSURER Twin City Fire Insurance Co INSURER DCincinnati Insurance Cc NAIC # 10677 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MCY /DEFFECTIVE DATE MMIODM N LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X�OCCUR 37CQT1562 08/01/07 08/01/08 EACH OCCURRENCE $ 1,000,000 PREMIS-DMWkUE$(Ea owurence) $300,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER '. POLICY X PRO 71 LOG ECT PRODUCTS - COMPIOPAGO $2,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 37UENQT1563 08/01/07 08/Ol/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per amident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTOONLY-EAACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGO $ $ D EXCESSIUMBRELLA LIABILITY X OCCUR EICLAIM$MADE DEDUCTIBLE X RETENTION $10 000 CCC1152728 08/01/07 08/01/08 EACH OCCURRENCE $ 4,000,000 AGGREGATE s4,000,000 $ $ C WORKERS COMPENSATION AND EMPLOYERIETORILITV ANV PROPRIETOR/ EXCLUDED? OFFICER/MEMBER EXCLUDED9 If yes, describe under SPECIAL PROVISIONS below 37WBQT1561 08/01/07 08/01/08 X ITOR LIMITS ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ S OO , OOO E.L. DISEASE -POLICY LIMIT $500 000 OTHER 'DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: 6077 Hot In Place Recycling Project IThe city of Ft. Collins, Colorado is Additional Insured as respects the general liability CERTIFICATE HOLDER City of Fort Collins, CO 215 N.Mason St, 2nd Floor PO Box 580 Fort Collins CO 80522-0580 CITYFOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 0 ACORD uf1Tf TiTENT➢i If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may 1 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it I affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 1 1 1 1 1 1 1 II 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6077 Hot -In -Place Recycling Project PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER Citv of Fort Collins CONTRACTOR Cutler Repaving, Inc CONTRACT DATE January 16, 2008 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated M CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS AUTHORIZED REPRESENTATIVE DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO Cutler Repaving, Inc Gentlemen You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6077 Hot -In -Place Recycling Project 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 , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER Citv of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM Cutler Repaving, Inc (CONTRACTOR) PROJECT 6077 Hot -In -Place Recycling Project 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 project for all loss, damage and costs, including reasonable attorneys Rev 10/20/07 Section 00650 Page 1 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 , 20 CONTRACTOR Cutler Repaving, Inc M Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00020 INVITATION TO BID Date November 21, 2007 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 December 18, 2007, for the Hot -In -Place Recycling Project, BID NO 6077 If delivered, they are to be delivered to 215 North Mason Street, 2Id Floor, Fort Collins, Colorado, 80524 If mailed, the mailing address is P 0 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 The Contract Documents provide for the construction of Bad 6077 Hot -In -Place Recycling Project consisting of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used This is a cooperative bid with the City of Loveland and each City will have their own agreement For the City of Fort Collins this is a one (1) year agreement but at the option of the City, the Agreement may be extended for additional one (1) year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-0 as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end 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 November 27, 2007 The Contract Documents and Construction Drawings may be examined online at • City of Fort Collins BuySpeed https //secuie2 fc ov com/bso/login psp 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 Rev 10/20/07 Section 00020 Page 1 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR Cutler Repaving, Inc PROJECT 6077 Hot -In -Place Recycling Project CONTRACT DATE January 16, 2008 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) Mi7r=nMo 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) 0 ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact Rev 10/20/07 Section 00650 Page 3 DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232 2416 SECTION 00670 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26114(1)(a)(XIX) 0 The exemption certificate for which you are applying must be used onl for the u — — I rr�1 I i, iixlding i mra — erial for the exempt project described below This exemption does not include or applytothe purchaseorrental of eiouipmentn and uisupplies land 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 each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registration/Account No (to be assigned by DOR) AQ - Business telephone number Period name 0170-750 (999) $0 00 your -oil - anon ipr urganization tea snows on contract) " Exempt organization s number Address of exempt organization (City State Zip) 98 - Principal contact at exempt organization Principal contact s telephone number Physical location of project site (give actual address when applicable and Cities and/or County ties) where project is located) l declare under penalty of perjury in the second degree the best of my knowledge Signature of owner partner or corporate offi r DO NO WR11 F EILLOW IHIS LINL in this application are true and complete to corporate 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 contractors will receive a Contractor's Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractor's name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business fora minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future projects This should be your permanent number For instance If you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The succeeding 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 CONDTITONS OF THE CONSTRUCTION CONTRACT I here GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TBE CONSTRECTIO\ CONTRACD prepared by the Engmeers lomt Contract Documents Committee EXEC No 1910 8 (1990 Ldttton) ass base Changes to that docwnent are shown by underltmng text that has bean added and strdnng through teat that has been deleted FJCDC GFNFRAI CONDITIONS 191 M (19901 DITION) WPTH CITY OF FORT' COLLINS MODIFICATIONS (REV 9/99) TABI F Or CONTFNTS OF GFNFRAI CONDITTONS Article or Paragraph page Article or Paragraph pie Number 8c fnic Number Number& forte Number 1 DEFINITIONS 1 2 PRELRvRNARY MATTERS 3 1 1 12 Addenda Agreement I 2 1 Delivery of Bonds 3 13 Application far Payment 1 I 22 2 , CopiasorDamnentg Commencement of Contract } 14 Asbestos 1 Tones Nonce to Proceed 3 15 16 Bid Bidding Documents 1 1 '� 4 2527 Starting the Work Before Starting C anstrucnon 17 is Bidding Requirements l COMMA( TOR sRespoM b l,ty 19 Bonds Change Order 1 1 to Report Preliminary Scheddes 110 Contract Documents 1 Delivery of Certificates of 1 11 Contract Price 1 28 Insurance Precombustion Conference 34 4 112 Contract fares I 29 InmallvAcceptablt$ohedules 4 113 CONTRACTOR 1 114 115 clefecifiv Drawings 1 1 3 CONTRACT DOCUMENTS INTENT 1 16 Effective Date of the Agreement I AA4ENDING 3 1 32 REtISF Intent 4 1 17 ENGINEER 1 33 Referelrce to Standards and Speo 4 I is ENGINEER's Consultant 1 hcatiols of Technical Societies; 1 19 Field Order 1 Reputing and Resolving Des 120 General Requirements k cropancles 4-5 121 Hazardous Waste 2 34 Intent of Certain Terms or 122 a Ixaw�.s and Regulatnms lAws or Adjectives 5 122 b Regulations I agal Holidays 2 Amending Unhcu act Donets 5 123 I tens 36 Supplern enting Contract 124 Milestone 2 2 37 Dmuments Reuse of Documents S 5 121 Notice of Award 2 1 26 Notice m Proa.cd 2 4 AbAll ABR I I Y Oh I ANDS 127 128 OWNhR 2 SUBSLIZk XU AND PHI SKCAL C.ONLJJIONS Partial Utilization _ REFFRFNOP POINTS g 129 130 PCBs petroleum 4 1 Avadabiht} of I ands 5-6 1 al Project 2 42 Subsurface and Phvsical 112 a Radioactive Matenal 2 4 2 1 ( onditions Reports and Drawings 6 ¢ 1 32 b 133 Regular Working Hours 2 4- 2 1 united Reliance by OON fRAC Resident Project Reprewtuati,e TOR Authorized Techmcal 134 Samples Data 6 1 35 116 Shop Drawmgs 'ipecificanons 2 4 2 3 Notice of D)Rermt, Subsurface 137 SubcoitraiAor 2 or Physical Condition, 6 1 38 tiubsmnnal ( omplenon 424 4" S FNGINFER s Rev icw Possible ( MUM DMourentS 6 139 Supplcmcmary 4ondotions _ ( hange 140 141 Supplier Underground I aciln)es 2 3 4-6 Possible Price and Tunes 6 142 tint price Work 3 4 Adjustments (,7 181j11oal (ordtwns Underground 141 1 44 Work Work ( hmige Direenve 3 4 3 1 F3cdtUes Shown or Indicated 7 1 4t lordtcn Amendment 3 432 Not Shown or Indicated 7 7 44 Reteren ePomix 7 I.A7X (it '"AL(OM)t I10Ve, 191a a (199a H)ITlQ,O a (7Ty Or FCRTCOII.M OrAnCAitONSBrv99q Article or Paragraph Page Article or Paragraph page S: Title Number Number Title Number 45 Asbestos. PCBs Petroleum 625 Submittal Procoedures CON Hazardous Waste a TRACTOR's Rea new Prim Radioactive Material 7 8 to Shop Drawing or Sample S BONDS AND INSURANCE b 626 Submittal Shop Drawing & Sample Submit 16 5 1 5 2 Performance, Payment and Other talc Review by ENGINEER 16-17 Bonds 8 627 Responsitahty for Varmtio ns 53 Licensed Sureum and Insurers From ( ontract Docwn cnta 17 Certificates oflnsurance 8 618 Related War. Performed Prim 54 ( ON fRACTORs Liability to LNGINLER s Review and Insurance 9 Approval of Required 1 5 OWNERS Liability Insurance 9 Submittals 17 56 Property Insurance 9-10 629 Continuing the Work J7 57 Boiler and Machinery m Add, 630 CONTRACTORS General do nal Property Insurance 10 Warranty and Guarantee 17 '8 Notice of Cancellation Prousion to 6 31-633 Indemnification 17 IS eg CONTRACTOR s Responsibility 634 Soren a] of Obligations IS for Deductible Amounts lti 5 IO Other Special Insurance 11) 7 OTTIRR WORK 1g 511 Waiver of Rights 11 7 1 7 3 Related Work at Site 18 5125 13 Receipt and Application of 74 Coordination I8 Insurance Proceeds 10 11 514 Atcepwncc of Bonds and Inca 8 OWNERS RESPONSIBB ITIES 18 Ana Option to Replace 11 81 (,ommunicattcros to CON 5ls Partial Utilization Property TRACTOR 18 Insurance 11 81 Replacement of ENGINEER 18 83 l'Urrus t Data andPay Promptly ( ON] RA(7 OR S RESFONSIBIMTIES I When Due 18 6 1.6 2 Supervision and Superintendency 11 84 Lands and Easements Reports 6 3 6 5 Labor Materials and Egmpntent 11 12 and Tests 1819 66 Progress Schedule 12 8:' Insurance 19 6 7 Substitutes and Or Equal Items No Change Orders 19 ( ON 1 RA(7TOR s Lapense 87 Inspections tests and Substitute Construction Approvals 19 Methods or Procedures R 8 Stop or Suspend Work PNGINEERs Evatuattm 1211 1 animate CONI RACTORa a 8 6 11 ( oncemng Subcontract= Services 19 Supphera and Others 89 Lumtations on OWNERS Winter of Rights 1314 Responsibilities 19 612 Patent Fces and Rovulues 14 8 to Asbestos P('Bs Petroleum 613 P.rmits 14 Hazardous Wasttor 614 1 am and Regulations 14 Radioactive Material 19 6l5 faxes 14I� 811 Li nderwe of Financal 016 Use of Premises Is Atiangemcnis 19 6 17 Sae Cleanliness I5 6 18 Safe, Structural Loading Is 0 L\GINEhRS STATUS DURJN(, 619 Retord Documents is CONSTRUCTION 19 620 Safety and Protection 1516 9 i OWNIsR t Representative 19 621 Safety Representative It, n2 )VNYiS to Site 19 622 Hazard Commornestmn Rogma" In 9 3 Project Representative 19 21 6 _3 Fmergenetes 16 94 Cldn6cauons and Tnterpre 424 Shop Dmw ings and Samples 16 tations 21 0 e Authorized Fanstims in Wrk 21 Wrx (*NFA ,kk { (1NUITIONS 191V Y (19W LlN IIU�9 wr CITY Or TORT (Of I INS MOR717CATICM (art ) 99) Article or Paragraph Page Article or Paragraph Page page Nwnber Title Number by Title Numb 96 Rejecting Defective Work 21 138 139 Uncovering Work at LNUI 9799 Shop Drawings, Change Orders VEER s Requait f7 28 910 Payments Mlermmanms forx Unit Prices 21 21 22 OWNERand 1310 May Stop the f 13 111 28 911 912 Decisions on Disputes ENGI Correcct n a Removal of Defective Work NEER as Initial Interpreter ,�.^ 13 12 Correction penal Zg 28 913 Limitations m ENGINEER's 1313 Acceptance ofDefectiva Wuk 28 Authonty and Respirmobolitieg 2223 1314 OWNER Alay Correct Defective CILANUES 1N Tl1L WORK 23 Work 2829 101 OWNER s Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claus fm Adjustment f3 COMPLETION 20 101 Work Not Rcquncd by Contract 141 Schedule of Values 29 104 Documents Change Orders 23 23 k4 2 Application for Progress 105 Notification of Surety 23 payment 143 CONTRACTORs Warranty of 29 ( RANGE OF CONTRACT PRICE 24 Title 144 14 7 Review of Applications for 29 111113 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148149 Substantial Completion 114 the Work23 Cost of the Work, 24 1425 14 30 Partial Utilization 1411 ,30 3031 115 Exclusions to Cost of the Work 2� Instil Inspection 14 12 Final Application for Payment M 31 116 C.ONTRACI ORs Fee 25 14 13 14 14 Imal Payment and Acceptance 31 117 Cyst Records 2526 14 IS Wmvor of Clams 3132 118 Cash Allowances 26 119 Unit Price Work 26 IS SUSPBNb10N OF WORK AND CHANGE OF CONTRACT TINES 26 TERMINATION 151 OWNER May Suspend Work 32 32 121 Clam fir Adjustment 2b 152 I5 4 OWNER May Terminate 32 122 Tune of the Essence 26 I t 5 CONTRACTOR Ala} Stup 123 Delays Beyond CONTRACTOR s l6ork or Terminate 3233 control 2617 124 Delays Beyond OWNER a And 16 DISM 7F R171301 GrtON 33 CONTRACTORS Control �7 TESTS AND INSPECTIONS CORRECTION 17 %AS(ELI ANLOUS 171 Un ing Notice 33 REMOVAL OR ACCEPTANCE % 17. Computation of Tunes 33 33 DCF&( TIVP WORK 17 171 Notice of ( lmm 33 131 ^< Null" of Defects 27 174 Cumulatne Remedies 33 13 133 Aeem to the W ork 27 175 Profossional Fees and Court 1 eats and Inspections C osa Included 33 CONTRACTORSCooperation 27 170 Applicable Slate Laws 33-34 134 OWNERSResponsiblitics lmtentioimlh left blank 3t Independent Testin6l ihorauiry 27 135 CONTRACTORS EhIMI GC (Optiomb 13 6-13 7 ResponsibIlniea Covering Work Prior to Inspee 27 Disputo Lesolutiol Agicement GC M 161 166 Arbitration lion Testing or Approve) 27 ( 167 Mediation tA— ( A) Al IAIX <IbMAAl (01.'DIIIO'wV IAlO a (1Yea CUi noto w CITY OF FORT (01I M bIODIFICATIOM (ar4 9f99) INDF X TO GFNCRAI CONDITIONS (,try of Fort( olIms modifications to the General Conditions of the( mastrucuon Contract are not shown in this Index Article or Paragraph Number leceptance of Bondi and Insurance 514 defective Work 1041 135 1313 final payment 912 1415 insurance 514 other Work. by CWNIRAC IOR 73 Substim ev and Or Rjual items ¢ 7 1 Work by OWNFR 25 630 634 Access to the Land&, OW NhR and C"ON7 RACTOR responsibilities 41 site related Work 72 Work 132 13 14 149 Aces m Omissions- Acts and Omissions- ( ONTRACI OR 091 9 13 3 FN( 1NFhR 620 9 13 3 OWNER 620 89 Addenda definition of (also see definition of 4p"Ifications) (16 110 619) 11 Additional Property In&uranoe4 57 Adjustments ( ontraet Rice or ( ontract Times 153541432452 453 94 95 102104 II 12 148 111 progress schedule 66 Agreement defration of 1 2 All Risk Insurance policy lorm j6, Allowances Cash 11; Amending Contract Documents 3 5 Amendment Armen in general I W 1 4o i 5 5 10 5 12 6 62 6821619 101 104 112 121 13 12 2 1472 Appeal MV vI R cr ( ONTRACTOR intent to t0 o11 104 16t 161 Application tar Pavmont dehnnion of 1 q FNtrI'JETRs Responsibility 99 tonal payment 9 13 4 9 13 5 14 12 14 15 inLeneral 28 29 164 010,1 S Progress payment 141147 rivew of 144 147 lit buratron 161 166 Asbestos claims pursuant thereto 4 5 2 45 3 CONTRACTOR authorized to stop Work 4 5 2 di6n111011 of 14 Article or Paragraph Number OWNER responsthilim for 4 5 1 8 10 possible price and times change 452 Authorized Variations in W ork 3 6 o 25 6 27 9 5 Avadabday of Lands 4 1 84 Award Notice of defined 115 Before Starting Construct cal 2529 Bid definition of 150 1 110 23 33 4264 613 1143 1191) Bidding Docuincr s—defnruon of 1 6 (6 8 2) Bidding Riquitetnutts- definition of 170 1 4262) Bonds, acceptance of 514 additional bonds 10 5 11459 Cost of the Work 1154 definition of 18 deliv.uy of 21 5 1 final Application for Payment 1412 1414 general 1 10 51 53 0 13 913 105 1476 Perfiamance Payment and Other 5 1 5 2 Bonds and Insurance in general 5 Builders risk all risk policy form 562 Cancellation provisions Insurance 5411 � 8 515 (Ash Allowances Hs Certificate of Suhstanuol Completion 1 38, 6 30 2 3 148 1410 Certificates of litspeetron 9 13 4 135 14 12 Certificales of Insurance 27 s3 1411 5413 sC5 S8 514 9 13 4 1412 Chnngc tit Contract Price Cash Allowances claim for price adjstm tit 41 426 45 9^, 911 10, 1313 1314 CAty rRA(`rORs fcc C oat of the Work gcniral 11\61usions to ( ost Rmv4 in gimei al 1 19 Lump Sum Prnng Notification of surety Sipe of Testing and lnspcanon Lncoveung the Work HIM 315 682 04 11)5 11 2, 139 147 151 1J5 116 114 11 7 11S 11 7 144 911 1042 1043 11 1132 105 103 104 119 I X IX (+?ORAL ( ONtn nV NS I91e a (i99a PI)I nOV) w CITY bF FORT COI I mi MODIFICA71ON9 MrV9,99) Unit Price Work 119 CON'fRACTORs I ec 116 An ide or Paragraph Arlide or Paragraph Number Ntnnbo Value of Work 11 3 CON-rRACTORs imbihty 14 6 12, 616 o 31 Change in Contract 1 unes Cast of the Work 114 115 <Ian for tunes adjustment 41 426 45 515 Decisions on Dlspute4 911 912 682 94 95 911 10Z 105 121 Dispute Resolution J61 13 9 13 13 13 14 14 7 15 1 155 Dtspme Resolution Agreement 161 166 Contractual time limits 122 ENGINEERas tnntml interpreter 911 Delays bevond CONTRACTORs Lump Sum Pricing 1112 control 123 Notice of J 7 3 Delays beyond OWNER s and OWNERs 94 95 911 102 112 119 CONTRACTOR s control 124 12 1 13 9 13 13 13 14 173 Notification orsurety 105 OWNER s liability 55 Scope of changer 103104 OWNER may refuse to make payment 147 Change Orders Professxmal Fos and Court Costs Acceptance ofDefe Ave Work 1313 Included 175 Amending Contract Doesmients 35 request for formal demnon on 911 Cush Allowances 119 Substitute items 6 7 1 2 Change of ( ontract Pri" t i Time Fxtensum 121 Change of Contau Times 12 Time requirements 911 12 1 Changes in the Work 10 Unit Price Work 1193 ( ONTRACTOR s fe 116 N aloe of p a Cost of the W orl. 114 117 W rover o1 m Fmul Payment 1414 1415 ( ost Records It 7 Work Change Directive 102 definition of 19 written notice required 911 112 121 emergencies 623 Clarificatroirs and Interpretations 363 94 011 LN(&,EhR s respawbthta 98 104 112 I'll (,loan Site 617 execution of 104 Codes of Technical #ociety Org,mi=ticn Indemnnfiction 6IZ 6 16 631 633 orAssayation �33 Insurance Bonds and 5 10 5 13 105 Commencement of Contract Times 23 OWNER may termurate 02 154 Communications — OWNER bRcTunsnbilmv 8o lit4 general 62 692 81 11hvswal ( ondtlions Hazard Communication Progroms 622 Subsurhat,ind 42 Conpleton Underground Fawlitics 4 3 2 Final Application for Payment 1412 Record Documents 619 Final Inspection 1411 Scope of Change 103 104 Final Payment and Acceptanu 14 13 1414 Substitutes 6 7 3 682 Partial Utilization 1410 Unit Pnix Work 119 'uhsmntial Completion 138 148 149 v aluo of W ork nvucd l) 11 3 Waiver of Claims 1415 Changes in tho Work JO Computation of Tunes 1721 1722 Notification of surety 10 5 ( oncoming Subcontractors Suppliers OWvi ER s and CONTRACIORs and Others 68611 rebposibdnies 104 ConfMcrimb Right to in adjustment 102 initially accepmble schedules 29 Seep, of oh rot, 103 104 procerturuetion 18 Clamors Conflict Error Ambiguity Diserepancv against ( ON I RA( I OR o let ( UN I RAM OR to kcpnrt 2 5 4 12 against l'NGf NTFR 632 Construction before star tint: by against OW?, l-R 612 CONTRACTOR 25 2 7 Change tit ( onrat'l Price 94 112 Construcr01i Machinery Equipment etc 64 Chinge of Cuntrict Trines p 4 121 Continuing the Work 6 29 104 CONTh V1 OR s 4 71 04 9, 911 102 Contract Dotumeots- 11 2 11 9 12 1 13 9 148 Amending 3 c 151 I s 5 174 Bonds 51 I AIX (F NfiRAI ( 01,11)(1I0491910 s it") IARION w CITY Or rPRT COLUNS MODIFICATIONS (Rr5 9 s9) 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 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 5% 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 -mating 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, Iia baci or any items of monetary value from any person who has or is seeiIng to do business with the City of Eort Collins is prohibited City of Eort Collins By A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A AA lames B 0 Neill, II, CPPO, ENIFP Purchasing a RiS, Management Cirector Rev10/20/07 Section 00020 Page 2 < ash Allowances I1 8 Stop Work requirements 432 C"ON7 RACTORs— Article or Paragraph Number Change of Contract Prue I I Change of Contract Times 12 Changer in the Work 104.105 check and verify 25 C lanficinons and Interpretations 32 36 94 9 11 defmttion of 110 ENCIINELR as amttal interpreter of oil ENGINFhR as OtVNFR x representatit a 91 generel3 Insurance 5 3 Intent 31 34 m mor variations in the Work � 6 OWNFRa responsibility to furnish data 83 OWNERa responsibility to make prompt pnymt Olt 83 144 141I precedence 31 3 3 3 Record Documents 619 Reference to Standards and Specficadons of Technical bCaetae§ 3 3 Related Week 72 Reporting and Reaalvmg Discrepancies 25 33 Reuse of 37 Supplementing j 6 lermmmton of Eh61Nh6Rs hmplovmem 82 Unit Pricy Work 11 9 variations 36 623 627 Visits to Site BN(ANCER s 9 2 CAN LM41 Prim - adjustment of 35 41 04 1021 112 1 t 3 Change of I I Damon (in Disputes 911 definition of 1 11 contract Times adytttin ent of 35 41 94 103 12 Change of 121 12 4 Canmenaamem of 23 defmuton of 12 CON7 RACTOR 3eceptance of Insurance 514 (.OnlmtinlLatIOM 62 69- Continue Work 629 104 cwrdmannn and scheduhrlb 692 definition of 11; Limited Rehance on Technical Data Authonred 4.12 May 5tup Work a Terminate l5 5 provide site access to others 72 142 Safety and Protection 4 3 1 2 616 6 18 02l 623 72 1;2 Shop ➢rauing and sample Reviee 11nor to Submittal a 25 Mn Artn.le or Paragraph Number Cnmpensatton 11 1 112 Lontinumg Obligation 1415 Defective Work 96. 13 10-1314 Duty to correct defecinve Work 1311 Duty to Repot Changes in the Work caused by Lmagency 623 Defects in Work of Others 7 3 Differing conditions 423 Discrepancy in r)w=ents , 5 132 6 14 2 Underground Facditws not mdlcatetl 431 Emergencles 623 Equipment and Machinery Rental Cost of the Work 11453 Fee Cc#plus 11456 1151 I16 General Warranty and Guarantee 634) Hazard Commtmicauou Programs 6.22 Indemnification 6 116 16 6 316 33 Inspection of the Work 73 134 Labe Materials and Fquipmen4 0 36 5 Laws and Regulations, Compliance by 6 14 1 L didny Insurance 5 4 Next" of Intent to Appeal 910 104 obligation to perform and complete the Work 030 Patent Fcm and Royalties paid for by 612 Parformance and ()that [fonds 5 1 Permits obtained and paid for bg (.13 Progress Schedule $ 6 28 29 66 629 104 1521 Rtqucst for formil d,,monon thsputes 911 Res}>onstbalmft Changes in the Work 10 1 Concernmg Subcontractors Suppliers and Others 68611 Conlinutng the R ork 629104 CONTRACTOR s expenK 6 7 1 CONTRACTOR s General Warranty and ( uaraniee 63o CON-URACTOR s review prior to Shop Drauuig or Sample sulmoutal 625 C twrdmation of R ark 692 hmagemxS 623 LMdNhLRsevahimon Substitutes or OrEqual Items 67 3 For Acts and Omissioim of Others 691692 911 fix dedwibie amtwms Insurance 59 general 6 72 73 89 IlaTardouq Commlmtcatnm Programs 622 Indc.mnlflcanon 631633 1 R fA to NO{AL t Ovin (10N5191a SO MFbl I10N) w `I ti' OP 117RT COI i INS NNDIPfCATI(Ri5 OtPV 1941 Labor Matenals and Equipment 6 3-6 5 CONTRA(, FORS other 7 I airs and Regulations 614 Contractual Liability Insurance 5410 Liabrhty insurance 54 Contractual Time Lim iu. 122 Article car Paragraph Number Notice of variation from C cruract Documents 627 Patent Facts and Royalties 012 Permits 013 Progress Schedule 66 Record Documents 619 related Work performed prior to ENGINEERS apprmal of required submittals 628 safe structural loading 618 Safety and Protection 620 72 132 Safety Representative 621 Scheduling the Work 692 Shop Dravnngs and Samples 624 Shop Drawings and SampRs Review by ENGDTXR 626 Site Cleanlmess 617 Submittal Procedures 625 Substitute Construction Methods and Prooadmes 672 Substitutes and Or Equal Items 6 7 1 Superintendence 62 Supervislon 61 Survival of obligations 634 Taxes 6 15 rests and Inspections 135 To Report � 5 Use of Premises 616b IS 63024 Review Prior to Shop Drawing or Sample Submittal 625 Right to adjustment for changes in the Wort; 102 right to claim 4 71 94 9S 911 102111 119 121 139 148 151 155 173 Safety and Protection 6 20-0 22 7 2 13 2 Safety Reprneii mht e 621 Shop Drawngs and Samples Subm Maly 624628 Special Consultants 1144 Substitute Construction Methods and Procedures 6 7 Substitutes and Ca Equal Items Expense 6 7 1 672 Subcontractors Supphert and Others 6 8 6 l l Supervision and Supumtendow 41 62 621 I aces, Payment bt t li Use of Premises 6 lb.6 18 Warranties and guarmnec� 95 63o Warranty of Title 141 Wntlen Notice Required CONTRA( TOR stop W ork or tormmaa I5 5 Reports of Differing Suhsurfac and Phvstcal Conditions 423 SuWantml Cotuplettor 148 NIA Article or Paragraph Number Coordination CONTRACTOR s responstbdny, 692 Copies of Documents 22 Correction Period 13 12 (-orMtM Removal or Acceptance ofDefecnve Work in general 1041 13 1 t} 13 14 Acceptance ofDefecnve Work 1313 Correction or Removal of Defective Work 6 30 13 11 Correction Period 1312 OWNER May Correct Defecrive Work 1314 OWNER May Stop Work 1310 Cost of Teals and lnapechnns 134 Rccords11 7 tart of the Work Bonds and maurance additional 11 4 5 9 Cash Discwnta )1 4 2 rOATRACTORa Fee 116 Employee Lxpemses 11451 Exclusions to I l 5 4eneral1] 4 11 5 Hone office and overhead expenses 115 Lasses and damages 11456 Materials and equipment 1142 Minor expenses 11458 Pavroll costs on changes 11 4 1 Informed by Subcontractors 1141 RLcardsif 7 Rentals of construction equipment and machinery 114 51 Royalty payments, permits and lmense tees 11455 Site office and temporary fnetritias 114 52 Speuul Consultants CONTRACTOR a 1144 Supplemental 11 4 S Taxes related to the Work 11454 Tests and Inspection 134 fi ado Discounts 1142 1 uliues fuel and vamlar, tat hties )1 4 +7 Work aft r regular hours 11 4 1 Covering Wotk 13 r 13 7 Cumulative ve Rcmedtes 17 4 17 5 Cuuml, fitting and patching. 72 Data to he banished by Ow`NF1; 8 3 Day —definition of 1722 Decisions on Dispuw Oil 912 defectrv, definition of 1 14 defective Work Acceptancx of 104 1 13 13 FA'1X MNFRAi ( ONDI I101%19tr) a (19914DMON) x 0 n( fir FORT COT IJNS MontrICAn6NS rRrl 9 99) Correction a Removal of 1041 1311 Correction Period 1312 in general 13 147 14 11 Artick or Paragraph Number Obscaation by liNGlNUK 92 OWNER tv$y Stop Work 1310 Prompt Notice of Defects 13 1 Rejecting 96 Uncovering the Work 138 Definitions I Delays 41 629 123 124 Delivery of Heads .21 Delivery of certificates of Insurance 17 Di.tcrm tnations for Unit Prim 910 Dtfering Subsurface or Physical Conditions Notice of 4 2 3 FNGINFERs Review 424 Possible (.attract Documents Change 4 2 5 Potstble Price and Times Adjustments 426 Dmrepancies Reporting and Resolving 25 3 3 2 6 142 Dispute Resolution Agreement 161 166 Arbitration 161 165 ycncrall6 Mediation 166 Dispute Resolution Agreement 161166 Disputes Dections by ENUINEER 911 912 Documents• ( opies of 22 Record 619 Reuse of 7 Drawings detmman of 1 15 Fasemn nu 41 Effaune date of Agreement definition ql 1 to Fin ergencies 613 EN(,DNEER as initial interpreter on disputes 911 9 12 definition at 1 17 1 imitations at author[} and I csponslbihues 913 Replacement of 82 Resident Project Repmsentatne 03 LMfINEERS Consultant definitionof 1 18 EN61NUR s authonp and responsibility limitations on 913 \uthtvtzvd Imailions in the Wort p 5 ( hange Orders responsiblhty for 97 10 11 12 ( Iarificatlons and Interpretations a b i 94 Decisions an Disputes 911 912 detechve Work notice of ]it fraluatiai of Substitute Item, 073 Liabditv, 632 912 Notce Rork is Acceptable 14 13 Ohwrvations 61412 92 OWNERs Representative 91 Payments to the CONTRACTOR Responsibility for 99 14 Recommendation of Payment 144 1413 Article or Paragraph Number Responsibilities Limitationson 911 913 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Carsurmt at authorized variations in the Wort 95 Clarifications and Interpremtuns 94 Decisions on Disputes 911 911. Determinations on Unit Price 910 FNGINMR a Initial Interpreter 911 912 FNGINEFR s Responsibthties 91 912 Limimuats on ENGfNFERs Authority and R.spaisrbrhuey 913 OWNERS Represenhurve 91 Project Representative 93 Rejecting Defective Work 96 Shop Drawings Change Orders and Payments 9799 Visits to Site 91 Unit Price determinations 910 V tins to Site 92 Written uonseiit required 7 2 9 1 Equipment Labor Matermis and 6 3.6 5 hquipment rental, Cats of the Work 11454 Equivalent Materials and Equipment 67 error or out Issions 633 1 vidence of F7nanciol Arrangements $11 FAplonn ons of physical oondaim, 421 Fee CONTRACTORS Costs Plus 116 I field Order definition of 1 19 issued by ENGINEER 361 95 Final Application for Pavmen4 14 12 Final Inspecursf 1411 Final Payment and Acceptance 1413 14 14 Prior to for cash allowances 1 18 6encial Nr rsiens 173 174 General Requirements definition of 1 2(i prmupal refers noes to 26 r 4 o 6 o 7 0 24 Giving Notice 171 Gusramee of Work —by COIN*TRACTOR 6 30 1412 Hazard C mnmunwation Programs 6-2 ffazardoua Waste- dehnrticn of 1 21 general 4 5 OW'NhKs respon,ihthty for 8 lu "IX UtNLRAI (OVA CIWS I9IVAii99oi 01I11 N1 w' CITY OF PORT Mt 1 INS IWO0a7CA1[01S IRFt 9 99) Indemnification 612 6 )6 631.633 Insurance 53 lnuratly Acoeptable Schedules 29 Precedence 11 331 Inspection Reference to } 3 d Certificates of 9 13 4 13 5 14 12 Safely and Protection 620 132 Final 1411 Subecmtractors Suppliers and Others 6 M 1I Article or Paragraph article or Paragraph Number Number Special required by ENIGINEER 96 Tests and Inspections 135 Tests and Approval $ 7 133 134 Lae of Promises 616 Insurance I isms to Site 92 Acceptance of by OWNER 514 Liability Insurance Additional requuui by changes C.ONTRACfOR s 54 in the Wars, 11459 0WN'ERs 55 Before starting the Work 27 United Sureties and Insurers 53 Bonds and in general 5 Liens Cancellation Provisions 58 Application fie Progress Payment 142 Certificates of 2 7 5 5 3 5 411 5 4 13 ( ONTRAC"I OR s Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application rot payment 1412 completed operations c 4 13 definition of 121 CONTRACTORS Liability 54 Warver of Claims 1415 CONTRACTORS o wfion to covcragc 5 14 LuaxtaGons on CNGRSEER a authority and Contractual Liability 54 10 responsibilities 913 deductible amounts, CON rRA( i OR I muted Reliance 1)5 CON rRA( I OR responsibility 59 Authorized 422 Final Application for Payment 1412 Maintenance and Operating Manuals• Licensed Insurers $ 3 final Application for Paomieni 1412 Notice requirements material changes 58 105 Manuals (of other) Option to Replace 514 Precedence 3 3 3 1 other special msurances 510 Refereme tie in Conuacl Documents 3 3 1 OWNER as fiduciary for insureds 5 12 5 13 Materials and equipment OW NERs Liability 15 furnished h) CONTR-ACTOR 63 OWNER s Responsibility 35 not incorporated in Work 142 Parted Utilization Properly Insurance s 15 Materials or equipment equivalent 67 Property s 6 � l0 Mediation (Optional) )67 Receipt and Application of Insumnce Milestones definition of 1.14 Proceeds 5 12 5 11 tvhsaellaneotis bpecial Insurance slit Computation of'I Imes 171 River of Rights 511 Cumulativo Remedies 174 Intent of(.untracl Docunont$ 3134 Giving Notice 171 Interpretations and C lanfications 3 6 3 94 \otrce of ( lame 173 Inveaugatiaus of physical oun d)uons 42 Profeuwnal Fs and Court Cusps Included 175 Labor Materials and Equipment o 3 6 a Multi prime contracts 7 lands Not Shrnvn or indicated 432 and hosements $ 4 Notice of availabdrty of 41 84 Umpm{ylity of Picaw 14 13 Reports and Tests R 4 Award definition of 12, Laws and Regulations laws or Regulatama ( ]aim )7 3 Bonds s i � 2 Defects I� I ( hinges in the Work 104 Differing Suinurfacc or Physical C ond[ti<ms 423 Contract Doi,tanents 31 6rvaig 17 1 ( ONI RAC IORs ResponsiMhues 614 Correction Period, defechva )d ork 131, Testa and Inspections 133 Cost of the Work tares 114 14 l arutioie ShopDrawmg and SamplS a 27 defimti in of I r Rorke to pro,"d S,nw-a16 14 101ration c{ j 24 lndenrmficuuon 631-o 31 brvmg of 23 s xxix (rtw,aar timvnC-AnO su6nrnoro OTIM w f1TY Or FOR? COi I I1V4 MOpIflCAltOtt4 (rU'4 9 r» Nopfieation to Surety 103 Ob+torvatrons, by ENGMER 6 3t) 92 0ocupattty of the W ork 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy fain Insurance 5 6 2 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 61 OWNER Acceptance ofikfective Work 1313 appoint an LWGINEER 82 as fiduermy 512 513 Availability of band] responsibility 41 definition of 127 data furnish 83 May CorrectDefeenve Work 1314 May refuge to make payment 147 Mav stied the Work 1310 Mav Suspend Work Terminate 8 8 13 10 I S I 114 Payment male prompt h 1 144 14 1 i performance of other work 71 permits and licenses requirements 6 13 purchased insurance requirements 56510 OWNERS Acceptance tithe Work Charge Orders, obligation to executy Ctnnmwucationq (,00rdlnatton of the Work Disputes, request for derision Inspectieriv, tests and approvals 1 ability Insurance Nona, of Defects Representative During Construction ENGINEER s Status Roponsibilines Asbestos. PCBs. petroleum Hazardous Waste or Radioactive Material Change Orders ( hangers in the Work communications CONTRACT OR s responsibilities evidence of financial arrangement, inspections tend andapprovals insurance lands and easements prompt payment by I eplaceinent of ENGINEER reports and tens 6302S 86 104 81 74 911 87 134 ,S )3 1 stop or suspend W ork 8 a 13 1 o term mate CONTRACTOR s 91 aw S6 1u I 81 89 8 11 87 8S 84 8 &2 84 151 Sery)ccs 88 IS Sepal ate rclxa5amauve at sny 94 testing independent a" or occupancy Of the Work written consent or approval required 134 515 6 302 4 1410 91 63 114 hXtBGF1QAA t 0M)1rI0N1 l9tan4(Iwo ir,ilt)^a w CIT) OF FORT (OI 1 M MOI)MOATIONS mF1 9,99) Article or Paragraph Number written nonce required 71 94 9 I 1 112 119 147 154 PCBs definition of 129 general 45 OWNER'sresponsibilityfor 810 Partial l trbzation— defnition of 1 28 &moral6 30 2 4 14 10 Propertv Insurance 515 Patent Fees and Royalties 612 Payment Bonds j 15 2 Payments. Recommendation of 144147 1413 Payments to CONTRACTOR and Cornplenan— Application for Progresspayments 142 CONTRACTOR s W arranty of Title 143 Final Application for Payment 14 12 Final Inspection 1411 Final Payment and Acceptance W 13 14 14 general 83 14 Partial L tiltaation M 10 Retinae 142 Review of Applications fix Progress Payments 144 147 Prompt payment 83 Schedule of Valuers, 141 Substantial Completion 14 8 149 W arver of Claims 14 15 when payments dug 144 1413 withholding payment 147 Performance Bonds c 1 5 2 Penn its 613 Petroleum definition of ) 3t) general 4 a OWNER s responsrbdnty for 8 t0 Ph.sieal Conditions Drawing3 of on o relating to 4� 1 2 FNGINFER s rewww 4 2 4 vstmg structures 4 2 2 ycneral 4 2 1 2 Notice of Differing Subrm face of 423 Possible Ccntruct D,,Amnms Change 4' 5 Possible Price and Time, Adjustments 4' 6 Reports and Drawings 4 2 1 Subsurlice and 42 Subsurface Conditions 4 2 1 1 Technical Nis Limited Reliance bs COIN I RAITOR kutlmrnzed 4' <' i mderground facilities general 43 Not Shown o lndnceted 4 3 Projection of 43 620 Tu Article or Paragraph Number Shown or Indicated 43 1 Technical Data 422 Precoisrmum Conference 28 Preliminary Maths 2 Prelm mary Schedules 26 Premises, Use of 6 16-6 18 Price Change of Contract I I Price Contract de6mtton of 1 11 Progress Payment. Applications for 142 Progress Payment-rctatnage 142 P rogress schedule CONTRACTOR s 16 29 29 66, 629 104 1321 Project—deFmitiw of 1 31 Project Representative ENOINEERsStatus DurmgConstruction 93 Prgcd Represmtanvc, Resident definition of 1 33 prompt payment by OWNER 83 Property Insurance Additional 57 generals 6.5 10 Partial Utilization Sls 14 10 2 receipt and application of proceeds 5 12 3 13 Protection Safety and 4 20-6 21 13 2 Punch list 1411 Radioactive Material defriion of 132 gmeral4 5 OWNER a responsibility far 110 Recommendation or Payment 144 145 1411 Record Documents 619 1412 Records, procedures for maintaining 2 8 Reference Points 44 Reference to Standards and Specnheatnxns of Technical Societies 3 3 Regulmims. Laws and (or) 614 Rejecting Defeedve Work 96 Related Wort. At Site 7 1 73 Performed prior to Shop Drawings and Samples submittals ravnco ('28 Remedies. cumulative 174 17, Removal or Correction offiefectnw Work 13 11 temal agreements OWNXRapptosal«yurcd 11453 1 oplocemmt ofLNOMER b) OWNER 82 Reporting and Resolvmp; Dtscrepancnes 25 3 3 2 6 142 Reports and Drawings 42 1 and Tests OWNERstesponstbilit) 84 Resident and Project Represantatrvc definition of 1 33 provision for 93 I A1X(&Mdi At(0MJJ m IUA' 1911) 8 n99m 6nR ION) w PITY Ur FORT COT t DVS MODIMATk M4 WN 99A Article or Paragraph Number Resident Supermtetdent CONTRACI OR s 62 Responsibilities — CONTRACTOR s-m general 6 ENCLNEERs-ingeneral 9 Limitations on 913 OWNERs-m general 8 Retamage 142 Reuse of Documents 37 R.estew by CONTRA( TOR Shop Mawings and Samples Prior to Submittal 625 Review of Applications for Progress payments 144 147 Right to an adjustment 102 Rights of Way 41 ReVidttes Patent Fees and 612 Safe Structural Loading 618 Safety and PTOtIL11M 4 3 2 616 618 6 246 21 72 132 general 0 20-6 23 Ruprewmtauvc CONTRACTOR 421 Samples definition of 134 general 624628 Review by WhTRACI Olt 6 2a Review by ENCIINEER 6 26 627 related Work 028 submittal of 6 24 2 submittal procedure; 623 Schedule of progress �, 6 2 h 29 o o 629 104 IS21 SchIdulc of Shop Drawing and Sample Submittals ,2(�2829 624628 Schedule at G alum 26 2 8 2 9 141 Schedules Adherence to 1 a 2 1 AdjustmL, 66 Change of Contract Tim,, 104 Inatmllr Acceptable 18 2 0 Prchm mart' 2 o Scope of Changes 103 104 Subsia face Conditions 4 2 1 1 Shop fhawml,s and Samples general 6 24 r _4 change Orders & Applications for Pavmcnts and 97 r1 t definition of 1 35 hNWKhhR s approval of 161 rN(,f 'EFR s responsibility for review 9 7 o 24 e, 28 related Rork 6 _b renew procedures '8 6 24 F -9 xai Article ar Paragraph Number submittal required 6 24 1 Solna ntal Procedures 625 use to approve subetWtims 673 Shown or Indicated 4 3 1 Site Access 72 132 Site Cleanhnesk ¢ 17 Site Visits In -- by ENGINEER 92 132 by others 132 special causes of loss" policy form insarwo: $ 6 2 defwum of 136 Spem6cations— defination of 136 of Technical Societies reference to 33 1 precedence 433 Standards and Specifications of Technical Societies 31 Starting Construction Before, 25 28 Starting the Work, 24 Stop or Suspend Work by CONTRACIOR 1 t 5 by OWNER 8 8 1111) ISI Storage ofmateruds and equipment 41 72 StrnLtnal Loading Safety 618 Subcontraetor— Concerning, 6 8 6 11 dehnrum of 137 delays 123 waiver of rights 611 Subcunusctos ingeneral 68611 Subcontracts- required provisions 5 11 6 11 11 4 3 Sul" itmis Applications for Payment 14 Maintenance and Operation Manuals 14 12 Procedures 6 25 Progress Schedules 2 C 19 samples 024 618 Schedule of Valui s 26 141 Scbedule of Shop Drawings and Samples SSibmtssions 26 2829 Shop Drawings 6 24-6 28 Substantial Ctmpletion certification of 6 36 2 3 14 R 149 definition of 1 38 Substitute Canstruetton Methods or Procedures t,72 Substitutes and Or hqual Items 67 CONTRACTORS Expense 4 7 13 N NWNEhRS bvaluatim 07 4 Or Equal 67 11 Substitute C o surucnon Methods FXIX GFN1AAL CONDinoO t910 8(19 LIAttON) w CITY OF PORT COLUNSMOraRCAT1ONS (RF4 )99i T emporary construction foci] utea 41 Article or paragraph Article or Paragraph Number Number orProcedures 672 Termination Substitute Items 6 7 1 2 by CONTRACTOR 155 Subsurface and Physical (Aindmais. by OWNER 88 15 1 154 Drawings of in or reining to 4 2 1 2 of ENGINEER s employment ¢ 2 HN(rINEERa Review 424 Suspension of Work in general 15 general 4 2 Toms and Adjectives } 4 Limited Reliance by CONTRACTOR Tests and hlspecuons- Authorized 4 2 2 Access to the Work by others 13 2 Notice of Differing Subsurface or ( ONTRACTOR s respansibdmes 135 Physical Conditions 423 cog of 13 4 Physical C mditions 42 12 covering Work prior to 136 137 Possible t2enuaet Documents Change 4 � 5 Laws and Regulations (or) 13 5 Possible Price andTunes Adjustments 426 Notice of Defects 131 Reports and Drawings 4 2 1 OWNER May Stop Work 1310 Subsurface and 4 2 OWNER's independent testing 13 4 Subsurface Conditions at the Site 4 21 1 special required by ENGINEER 9 6 Technical Data 4 2 ^_ timely nonce required 134 Supervision Unwvermg the W ork, at ENGINEER s CONTRACTORs responsibility 61 request 138119 OWNER shall not super ise 89 times ENGINEER shall not supervise 9 Z 9 132 Adjusting 46 hupermtwidena 62 Change of Contract 12 Superintendent, CONTRACTOR's resident 6 2 Computation of 172 Supplemental costs 11 4 s Contract Times 4cfmnton of 1 12 Supplementary Conditions day 1722 definition of 1 39 Milestones ]2 principal references tP 1 10 1 I8 2 2 2 7 Requirements 42 43 51 53 s4 5659 appeals 910 16 5 It 6 8 613 7 4 8 It 93 9 10 clarifications Supplementing Contract Documents i 6 claims and disputes y 11 i t . 12 Supplier ( ommencement of Contract T Imes 23 dcfimtion of 140 Preconstruction Conference : S Principal references I9 } 7 6 5 6 8 6 11 6 20 schedules 26 2 o 6 6 624 013 14 12 Starting the Xkork 24 Waiver of Rights 6 11 Title W aaanty of 143 Surely Uncovering Work 138 139 ecattent to final payment 14 11 1414 Underground Facilities Physical Condilinnb FNGNEFR has no duty In 9 13 definition of 141 'vou6ation of 101 101 152 Not Shown a Indicated 4 32 qualification of 5 1 5 a protection of 41 6-0 Sur%ival of Obligations 6 i4 Shown m Indicated 4 3 1 Suspend Work, OWNER IJuy 1310 Is I Unit Race Work Suspension of Work and Termination I s cldtms 11 9 1 ('O\TRACTOR)&v Stop Work definition of 142 or T ermmare i general1) 9 141 145 OWNM R May Suspend Work I I 1n1tprices OWNER May Tennmatc 15 2 1 s 4 general 11 3 1 loxes Paymem by CONTRACTOl 61, Determination Ion 910 l eehmad Data U&e orprcmises 616 618 63024 Limited Reliance by CONTRACTOR, 4-' CM1dity owners ¢ 13 620 71 73 13- Possible Nice and Times Adjustmenn 4 utilization partial 128 515 6 36 < 4 1410 Reprints of Differing hubsurfaei. and Yalae of the tWorls 11 3 physical Conditions 4_ 3 Values Schodula of 26 28 29 141 ei% I ir9x iihM RAt t.GNI)ITIQV419ie 8 (199a FAITION) w CITY(NFORTCOTT4MWT)TFICATiOMmrV9'99) Vananens in Work Minor Authorized 625 627 9� Article or Paragraph Number VaotstoSte by ENGPIEER, 92 Waiver of Claims -on Final payment 1415 Waiver of Rights by insured partteg 511 611 Warranty and Guarantee. General by OOMIRAl7TOR 630 Warranty of Tttic, CONTRACTOR a 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR May Stop Work or Term mate 15 5 Coordination of 74 Cost of the, 11 4 115 definition of 143 neglected by CONTRA( TOR 1314 other Work 7 OWNER Mav Stop Work 1310 OWNER May Suspend Work 1310 151 Related, Work at Site 7 17 3 Starting the 24 Stopping b y CONTRACTOR j 5 5 Stopping by OWNER 15 1 154 Variation and deviation authorized. minor } 6 Wor6 4hange Directive - claims purimmt to j0 2 definition of 144 principal references to 353 101 102 W'n[ten Amendment definition of 14, prmmpal references tit 1 10 3 � 5 10 15 12 662 682 610 101 104 If 121 13 12 2 1472 Written Clarifications and Interprctatiomi 363 ') 4 911 Written Nonce Reolurred by CONTRACTOR 71 0 10 0 11 10 4 11 2 12 1 by OW'Nbl. 9 10 9 11 1114 11 2 13 14 UKU (JUNMAI ( NIAFIONS t91U a09vo FUIIION) q/ CTTV OF PORT COt I IN9 MODIFICATIONS mFt 9 99) (This page left blank mtenttwally) xN IAIX (9NAtAt COM)HION'S1910 609WIDI ONI w CITY CF FORT COLLINS MOIBFICAMONS (Rf4 9 J9) SECTION 00100 INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS ARTICLE 1- DEFINITIONS Whores er used in these General Conditions or in the other Contract Documents the following terms have the meanings armtlar and ed which me applicable to both the I I Addanda—W raten or graphic instruments issued prior to the opening of Bids which din* added or dienge the Bidding Requirements or the (ormset Documents 12 9,yma m.-Thc wnnen contract bets an OW NhR and CO TOR covering the Work to be perfam4 other Contract Docurneras ate attached to the Agreement and mark a pan thereof as provided merest 13 App1,04nan far Papnenr—The funs WscA�fflupted by IsNGINEF.k which is to be umd by OM rRACfOR in requesting progress or fithal payments and which is to be aaYanpamod by such mppmtmg dowmemation as is required by the Contract Documents 14 Ashesahs Any material that covams; more than one percent asbestos and w finable or a releeang asbestos fibers Irmo the or above current net= levels asmbltdhei by the United States Occupatu al Safety and Health Administration 15 Btd—The offer o proposal of the bdda submitted on the prescribed form Selig forth the prices for the Work to be performed 16 Bidding Dwonenis—The advancement or mvtmuah to Bid Insuvcuons to bidders, the Bid form and the Proposed Contract Documents (Including all Addenda inued prior to receipt of Buds) 17 Bidding Reyuuamesrc- Tla. advertisement or my notion to Hid instructions to bidders, and the Bid Conn 18 Bondi —Performance Tint Payment bonds i ml other hnsirumenfs oC stwiurn} 19 Change Oi*i—A document recommended hn LNGNMQ , which is signed b) CONTRACTOR and OW!Q1 R and authur ims an addmon deletion o revena m the Work IT an adjustment in the Commct price or the, rbmmd Times, Issued on or after the Effe.hve Date of the lgrcement I In ((mnud Dixumems-1 he Agreement Wdenti (winch pertain to the (ontrad Documents) COAIRAC,rORs Bid (induding documentation accdmt}anying the Bid and any pow Bid documennmon sadnnnted prior to the Notice of Award) when attached as an exhtht to the Agreement the Notice to Proceed du Binh, these Gcnad Corxldrau, the Supplerif C.nndm(M the Specthommns and the Dmwhngs ss the 1-,J7 6bftERALCOt3D1 ftONa 1919.(1%Y9 ENauit w 0Or FORT"" i t W MUUIfh( ATIONS MIA A ,@e) $azure are more spect6caly Identified in the Agteerneht together with all Written Amendmew, Change Orders, A "k Change Duechires, Fuld Orders and ENGINEER, written iras:e3pretaham and clanficatam Issued pursuant to pamgapha 5 36 1 and 3 63 on or offer the Effective Date of the Agreement Shop Drawing mbmntab approved pursuant to paragraphs 626 aid 627 and the repass and drawngs referred to in paragraphs 4 2 1 and 4 ^_ 2 are not Contract Docurif 1 11 C ornmet Pace —The moneys payable be OWNER to CONTRACTOR for completion of the Work in accordance with the Contract rrhaanems as $rated in the agreement (subject to the pronsmos of paragraph 1191 in the cam ofUn it Price Work) 112 CommLl Tanes—The numbers of days or the dates stated in the Agreement (i) to achieve Sulmtamsal C.omplebom and (it)to complete the Work so that it as read} for fital payment as evrdeiced by BNOWELR5s wTitteh recommendation of fuel payment in accordance with paragraph 14 13 113 CONIR4019R—1 he perwn, Cum or corpmomin with whom OWNER has entered Into the Agraemerm 1 14 defective —An ad��xttve which when modifying the word Wok refers m Wak chat w umuafaetory faulty of deficlenr in that it does not conform to the Contract Ircumcma, or dues not mat the requirements of any msPacnm, reference amndard, test in approval refaaM to in tic Contract Documents, or has been damaged prior to ENGJNEERs recommendation of Gral payment (urines$ rcspanwbility fa 211e praecnon thereof has been assumed try OWNER at Substantret Completion in accordance with paragraph 14 8 or 14 1% 1 15 Drawings The drawings winch chow the swpn (clam and character of the Work to be furnished and Performed by CONTRACTOR and which have been prepared or approved by LNGINEER and pre referred to in the Contract Lineaments Shop drawings arc tat 0mwuW as so detmed I1( rfffecove Date of erne Agfcement--The (late indicated in the Agreement (m which it bseanes effective but it w men date is indicated it meatus the date on which the Agreement is signed and delivered by the last of the two parties to atgn sad deh%a 117 Fkt.IVEER—The person firm or corporation named as molt in the Agroemait 1 IR F4,GINEERs Consultrmi—A person, furs or corporation having a contract with LNGtNI LR to tarnish scrvuxs as LNGINEMs Independent professional Michate or wrnaltarhl with respect to the project and who u identified as such in the Supplementery Conditions 119 Field Ordep—A written order ismed kw M(ANEER which orders minor charges in the Work in a uvdance with Paragraph 9 s bhrt wMdlt does rat mvnlve d change m the Conbncttm a tic (. amid limes 120 Gilreml Regurrenreatr—Seeuau of Division I of the Specifications 121 Hammbws &arse —The tam Hwardous Waste shall have the meaning provided in Section 1004 of the Solid Wage Dil Act (42 USC Section 6903) as amerced from t 1 22a Laws and Regulations Laws or Regulanons M- and all enplmeble laws, rinks, regulattau, ordinances, oodes a� orders of any and all governments[ badim agencies, autlarmm oral coats Imvvtglurrsdicuon 1 2I) Legal Haddmss—alml he dicist holidays observed �Fon Colbns 123 Liens• Leans, charges, security mimesis or exumbranees upon real property or permit property 124 Miemone• A {pnnncipal event specified inthe Contract Documents relatatg to an intemrodiate completion date or time prior to Substantial Completion of all the Work 125 Nonce of Award —A "lien nouce by OWWER to the apperem suxessful balder ftUrg tlmt upm amnpbancc by the apparent successful bidder with the oatditwrts precedent enumerated themm, within the time specified, OWNER will sign and deliver the Agreement 126 Nance to Praceed—A written mince given by OWNER to CONTRACTOR (with a copy to ENWNHUR) fixing the date an which the Contract Times will mmmancc to rim and m wluch CON7RAC fOR shill start to perform CONTRACTOR's obligations under the Curaract Documents 127 OWNER -Thu public body or authority ctrpoabom association brut or person with whom CONTRACTOR ties entered into the Agreement and for wham the Work is to be provided 1 8 Partial Uhirzanon—Use by OWNLR of a substantially completed part of the Work for the pupow fa which a is amended (" a refined purpose) prior to Substantial Completion of all the Work 129 P( Bs—Polvehlonrmted biphenyls 13U Penolewn Peuolewn including nude of orairy fraction thereof winch is Irgtud at standard conditions of tarn rature and pri swic (60 degrees kahrenhed and 14 7 poumii per square inch afsvaluu,) sub as od petroleum fuel al oil slu4e 011 refuse gasoline, kerosene and of mixed with Other nos 11072rdois Wastes and snide MIS 131 Imyec r—The total construction of which the Work to be provrdcl under the CMuma t Documents may be die whole a a part as mduated elsewhere m the Contend Documents 132 a Rabcuxnve Mordents-baux spaml nuclear or bvpoduct material as detmed by the Atomic Fmrgv Act of bi(D60RM1WAt (vND TIURI 1910811990HSaan wd C11Y OF8rat1 COI UMMM11 tCA11QNatRFV41(y)1) 1954 (421JS(, Section 2011 at seq) as amended from limo. to time 1_32 b Re ular IiarfdTpg Hours -Regular wormhours a _9 7 QQjM, to 6 QQt3Il_M otFt—r — ,mm hid in me Cerreml Re(wggnwits 133 Resrdvm Project Re mmirtafrw—The ammer zed representative of EtvGINEER who may be assigned to the SAC or any part thereof 1.34 Samples —Physical elm"'Ilea of malarals, equipment, or workmanshipp that arc of of some patios of the Wnrk and which edablrsh the standards by which such patron of flit Work will be judged 135 Shop UmwUngs—All drawmga, ilia s illustrations sch odukis and other data a informamition which arc mfkally prepared or asciabled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work 136 Speclizeati n Those pomens of the (,ommm Documents conat" of written technical demon of materials equipment, cnnsmretim systems, a a and workmanship as applied to the Work and certain admmutmtrve details applicable thereto 137 Subconk"I w-An mdtvidtad firm or corporation having a direct contract with CONTRACTOR or wall any other Subcontractor for the performance of a part of the Wok at the site 138 Substwrnal Comylcha rho Work (a d specified part thattot) has progressed w the point where m the opinion of ENG1NEhR. as e,kkmood b} CNGlNEERs defnnive certificate of Substantial Completion, it is sufficiently complete in accordance with the Contract Documents so that the Work (or specified part) can be utilucd for the purposes for which it is mterr" or if no such certificate is issued, when the Work is complete and ready for tuml pavmtem as eiideuced by FJGINEERs written recommendation of fowl payment in accordance with paragraph 14 13 The turns substantially complete• and sutstanualh completed as applied to all or pert of the Work refer to Substantial ( ompleum thereof 119 5upplenrenlat) Cardihmu—fhe part of the (ommet Documents which amends or supplements these Cicnorval C onditiore 146 Suppber—A manufactwer fabricate suppher distributor mate talmanor vender having n direct contract with CONTRACTOR or with art} Subcontractor to furnish matermts or C,*m cut to he misrfrmed in the Wok by C ONTRACTOR ur am Subcontractor 141 1 rule,innind FocrlJnes—AII pyaehnes condUm, ducts. cables, woes, manholes, vaults, taroks tunnels a other such facdmes or attachments, nix{ any} enas cements containing such tacditus wluch have been mstalled underground to turmsh any of the fohowmg men ices a materials electricity gases, steam liquid petroleum PXXhM WbOlone a ether amhmurecators, cable televuom, sewage and dmubW removal, traffic a other control systems or water 142 [;Ml Pnre Work—Wmk m be paid tam the lashs of unit prices 143 Worir—The entire ampkxed construction or the Various separately iderihfabk�Uratoi' required to be furmrdu di sw Urdu Cmntract aril Work includes and a the result of perRsmarg or ftamalimg labor and furnishing and bqg materials and equipment into the contraction,arid akinnmg a famudmg services and furnishing documents, all as required by the Contract Documents 144 Wont Gdmrge Diarelive—A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recontmmded by ENGINEER, oidermg an addition, deletion or revision in the Week or responding to differing or unforeseen phyni"I conditions =let whnh the Work is to he performed as provided in parigaph42 or 41 or to emerpracxs under pararph623 A Work Change Directive will not change the Causer Price or the Contract limes, but is evidence then the pames expect that the di nge detected or do:amemed by a Work Change Directive will be urcaponned in a subsequently issued Change Order followvg negounataus by the paruci as m its et%ct, if my cat the C.mtract Pnre or Contract Tines as provided in paragraph lq 2 145 Wntrdn Ameridrrent A written amendment of the Contract Documents, sgned by OWNER and CONTRACTOR on or after the Effective Date of die Agreement and normally dealing with the nonangincering or ttoxachmcal railer than strtaly cauuimtimidered aspects of the ( overact Documents ARTICLE 2—PRELIMINAM MATTFRS Dehtery of Gonda 21 What (ON TRACTOR delivers the executed Agreemans to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance w ith paragraph i I r optev ofDoraments 2' OWNI R shall funuah to t ON f RA( l OR up to tun copies (unhss othawm specified in the Supplememary (erdmeas) of the ((mwwt OmumemGs as are reasoudib necessary for the cxuuhonuf the Work Additional copes will be tarnished upon request, at the oat of repnmtuonar. Commeacement Of(ommret Timm Notice to ProcWd ' 3 1 he Convect Tines will conmenu to rim on tlx thirtieth dnv after the Attecnve Date of the Agreement, or wcuc(;E,*xAb 6rimi nONm 1919� (i999 tdaui) a/(IT Mr(Al(xa f itu4M(ANFl4 A 1`10NaMFt f2(011 if Notice to Proceed is given, on the day indicated inthe Notice to Proceed A Nahoe to Proceed may be green at any time within that) days after the Effectwe Date of the Agreement In sea of he 6patmg -areas Udr arue� as E$'esEwmilate Signing the Work 24 CONTRACTOR shell start to perform the Wok on the date when the Contract Tames commerce to rum, but no Work stall be done at the site prior to the date on which the Contract Tames commerce to run Before Mareng Coaaarncaoa. 25 Before undertaking each part of the Work CONTRACTOR shall cerefdly, study, and i.otipare the Contract Documents and check and verify t figtaeb shown thereon d all applimil Cu1d meastmemems CONTRACTOR shall promptly report in wntrng to ENtr1NEER airryry cmflres, arm ambiguity or duaepmoy which CONTRACTOR may discover and shall obtain a written interpretation or clarification fran INGINFPR before wsfh an Work affected thereby however (TN7� OR ciaU not be liable to OWNER or ENGINEER for fsilure to report any conflict, erns ambiguity or dune orthe Contract Dircumerts, unless CONTRA( Oknow or reasombly shotddhet a known thareof 26 Within ten dayyss alto the Et%ctive Dirt., of the Agreement (unless atherwusc specified in the Uensal Requirements) CONTRACTOR shall submit to CNGINEER for review 261 a prolunmary progress schedule indicating 'to tares (numbers of days or dates) fa starting and oortipletug tx various singes of the Work including any Milestones specified in the Contract Documents 262 m ptclmuaq schedule of bhop Drawing and Sample ambmnttals which will lst each required substantial and the times for submitting revnewag and pmcessmg such suhmntlal 2_621 fit no__gge_ will a achedijk be gcc—Mt2ble. Hach a M% less don 21 calendar da s for each review tis Enguxe 263 A prelmmary schedule of values for all of the Weak wheb will nnclud, quennhes and pre, of items aggregatuurgg the Contract Pram and »ill mbdividr the Work into component parts in stiRxient decal m sane as the basis far progress payments during construction Soh pm.es will include in appropriate amount of of erhead and profit applicable to each item of Work 27 Before any Work at the site is started, CONfRACI OR and4)VA" shall assails deliter to the ether OWNE& with copieb to idawntiedin the duprpleinentery, Coadmose FN( M FR Mulivates of msurancfe�(and Mkar evnkax of msurwlce 1which -rw4AA1636T�rsdNeati re Wired to purc}are end meugam m accordance with paragraphs 5 4 5batd 5 7 f reCOAMINeh9n CoMfe "Ce 28 Widem days after the; Contract Tames am to run, but before any Wak at the age is started, a conference attended by CONTRACTOR, ENGINEER and otters as appropriate will be held to establish a working ualkdtsai� ndlol;the schl� neto parties aniong the as to the Work and to 26 procedures fa handpm� Shop thawmW and other submnuls poussmg Apptimham far Peymeht and mammmmg required record+ Ink/WDyAeegftb(, S,*adMhM 29 Unless otherwise provided In the (,ontram Doatmems before ate work m ago begs a oahfarena attended by COA.TRACTO ENGINEER and othas as OWNHR will be held m review i u brm ton ENGINEER as provided balm the schedules submitted In accordance with larogmph 2 6 ...#_,..SAfAA.1...Att CONT CTUR call haver an addmonal ten dfrys to make aorrethom and adjua ammo aiei m ampfete aM rcsshmn the achedulas No pragess payment snit be made to CONTRACTOR awl the schedules are submmed to and acceptable to IsTDGINEER as povded Echoer the progress sefxdula wit be acceptable to fiNGINE6R. as c�on1i1� wtth�aty progreeatan of tie Wak to P speaSed Milestones and the Canteen Times. but such acceptance will tantlne unpos¢ on ENGINEER restimadt ity fa the sequenmr% sdhedultrg Or Progress of iM W(a par re with or relieve C ONIRACTOR from CONTRACI Opts full responrabilay therefor CONTRACTORS schaduie of Stwp Dmwuy, and Sample SIATI tuna will be acceptable to ENGINEER as pronding a workable arrangement fa rnhlewug and processing the required submimads CON71 RA( -TOR %schedule of values will he aa.eaabte in LNGINEER as to form and substance ARTICLE 3 -CONTRACT DOC('ME,NTS LtifENT A11iENDING REt.SE 31 the (munct loaiments uanpnse the enure AW-111a11 betweoft OWNER and CONTRACTOR emccnmg the Work the Com mot Documents my complementary what is called for by one is as bindml, as if called for by all The Canaact Documents will he WaNtrucd In aoxadance with the law of the place nt the Project. I , It w the item of the Contract Dndmmema to MCOCOENERAI, CONUTIOPA 1910.8119WEdlw) w/ On OFFORT MIJJ y1 MOnil ICAITON3 (RFV 4f 0001 doscnN a functionally complete Project (a part dwrwJD to he constructed In accordance with fie Contlect Documents. Any Week, matetels a equipment that may reasonably be mfa red from the Contract Documents a from prevalirrg custom a trade usage as beatg required to produce the Intended result will be furnished and performed whether or not spin di ally called for When words or phrases which have a weh-known techteal Or wretruoaat maustry, or trade meammp are used to describe Work materials or equipment. such worths Or phrases shall be Interpreted in accordance with that mommill. Clanficanmre and utcpet bone of the Contract Documents shelf be issued by RNGTNERR as provided In pat%mph94 33 Refemoe to SWNAV le sad 9pecefremans of TeckWtal Swdisr, Rgpahng and Re Mng DW-rgwndit 33 I Reference to standards, spe eficatmns, manuals or codes of any techneal society orgameaton Or' association, Or to the Laws a Regulations of env governmental audiotriy, whhghe' such reformat be specific or by anplamnan, call mean the latest standard, specification, manual code Or Laws or Rdgulanors in elTect at the rare ofopennig of Rids (a on the Effective Date of the Agreement if there were no Buls) except as may be otherwise specifical4 stated in the Contract Documents 33 2 It. during the performance of the Word, CONTRACTOR discovers any conflict, crier ambiguity or ducrepamw within the Contract Documents or between the 4mgract Documents and MY provismn of wry such Law or Regulation ato r applicable the performance of the Wee#, a of any apecificatio n, manual or code or of anv uhsirthenon of sty Supplier Inferred to m paragraph 6 5 C(3NTRA('TOR call report n to ENGDNEI.R m "W* at once and, CONTRACTOR shag not proceed with the Work affected thereby (except uh an emageey as authonad by paragraph 623) until an ameWmat t Or su)pstenent to the (ortmct Documents has been issued by one of the methods indented m paragraph 3 s a 36 provided hm, ner that CONTRAMOR shell not be ]ethic to OWNIR a hNGINEER for failure to report any such confbct, error ambhgmty or discrepancy unless CONTRACTOR knee or reasoably should hey, known thereof 333 Except as otharwm Staxibcally suited In the CoMmut Docurn m Or as may he Provided by amendment Or Supplemen thereto issued by one of the methods indicated in paragaph35 Or 36 the Prahanas of the Contract Documcros &hell take pccedcmce m rely,, g mny conflict eta amhguity or dtumq>an�y between the provuums of the Contract Documents and 3 3 3 1 the provisions of any such standard specification manual Once or Instrution (whether Or not spocificvlty Incorporated by referem e in the (Ontract. Documents) or 3 3 3 2 the provisions of any welt Laws or Regulations applicable to the performance of the Work (unless such an uuerladauon of the provisions of the Contract Documents would result in violation of such Law or Regulation) No pricanuon of any such smnndsrcd, specificanan manual cork a utsuuctim shall be effective to flange the duties and respoamblun s of OWNFR CONTRA( rOR or ENGINEER, or anv of that subcormactas, aaysulitntX agents or employees from those set forth inthe Comma Documents, tar shall it be idlective m a to OWNER FNGrNEFR or any of In TGINFER s C unK aQetts a empkryeem any duty or authmrry n to supirw or direct the fxtuslamg or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of pwwmph 9 13 or any other provision of the Contract Documents 14 Whenever in the Concoct Documents the terms air ordered as directed as roquued" as allowed as approved or tams of like effect or unpot am used, or du, adyeouves reasonable satiable acceptable proper" or satafactoy or adjectives of like effect or import are used to describe a mqurememt direction, review a ludtmhert of ENGDNhER es m ilia Wok ht a intended that sstutvcFhh rtquu'eman" chreettor4 review a 3udgmem will be srdaly to evaluate m gerteral, the completed Wak Ca eomphance with tier rcyuacments of aid infaanethoh m the Contract L"coments and cottwn net w7tlt the desy„n mnc�ept o�11 comfunchonaigwholeattheConradetstmlesstiesisactatentnaihcmrng1houseoCtray such a adjedtve gnaU nit be etfextwe to assign to ENGINhhR any vhnty a tmthonty to shryservise o direct the, fvmvhM6 a piwfomence of t}n Work a env duty a wttarty to undertake respaisilohty cotuary to the provamm of paragraph 9 13 or arty other prontaom of the Contract Documents 4mmebnA and Sapplemennng Contract Documents 35 Th, (,onuud Documents may be ametuied to provide for adduomM deldams and reviams in the Work a to moddi the terms and com ikons thcmof in ortc or mu c of the fallowing ws) s 3 5 1 a formal Wntten Amendment, 3 5 2 e Change Order (pursuant to paragraph 10 4) or WCI)6(A-1 RAL(CAINTIONSiADS (1990 Et4um1 w CTT9 Of F0HT (nA UM Ma)rr a ATIOM MI A -Mll 353 a Work Change Directive (pursuant to paragraph 101) 36 In additmn, the requirements of the Contend Documents may be supple nerved, and manor vananmtn and devanote in the Work may be authonzed, in one a ante of the following ways 361 AField Order (pursuant to paragraph 951 362 RNGINM's approval of a Shop Drawing or Sampk(pursuant to patgrrphs626 and 627) or 363 ENGINEERk written wdpretation or clanficamm (pnmamnt to pamgmrlh 9 4) Reuse ofDim mesk: 37 CONTRACTOR, and any Subaormictor or SuMber or other person a orgamaation performing a furrndhmg any of the Work under a direct or indirect cormact with OWNER (t) shell not line or acquire am title to or ownership nrgha inany of the Dmwags, Specifications or other do m cuts (or copies of any thereof) prepared by or the seal of ENGINEER or ENGINFFRa Coaulant, oral (u) shall not rouse any of such Drawings, Spuificabora other doa hems or copies on extamom of the Frolect or any other project without written consent of OWNER and ENGINEER and specific wrMen verification or adaptation by hNGI'NPER ARTICLE 4»AVAA ABIMN OF LANDS, SI)BSMACk AND PHYSICAL ( ONDITIONS, REFE RMCE POINTS 4vmfabillo of Lands 4 1 OWNER shall furnish, as indicated in the Comma Documents, the lands upon which the Work is to be pertotmed, rights-ol way and easements tow access therein and such other lands which are it&ugnated for the use of CONTRACTOR V" masoable wnum "quest ate envofweserA-kgel-utisand legal-4owiptum of the IQ" uptm 401wh Una Wok IS to he parlmmed and 6WNE&'s-nta-theretrt aiv nacesaewy, fnrgtwr*-YwtQx of or--fihrt-a-modusmos -hen -agmaat sash —lands -tin sousstoiea--vt r-aflPkwbto-I=ax'a and--Ragulsmans OWNER shall idmti7 any encumbrances ur resurctums not of general application hot 7111xoally rdatui to use of lands so fwmshed ugh which CONTRACTOR will have to comply in pertomutg the Work hasemsets tar permanent structures a permanent changes in everting fachtios will be obtimw mind paid for M OWNI K oNass otherwise provided in the Contract Documents If (ONIRACTOR tad OWNhR arc "We to agree on ethtlemem to or the amount or event of any adjusument.} in the Contract Pram or the Contract Times as a result of any delay in OWNERS fumishirrnngg these lands, rights-of way a easements CONTRAC,Tt>R may make a clan therefor a% Provided in Amcles I and 12 CONTRACTOR stall provide lot all additional lends and seers thereto that may he regutred for temporary caratructfur fscdmes or storage of materials and eguipmem 42 Subsurface aidPbydcat Condneis. 421 Reports mid Drawngs Refenswe is made to the Supplementary Cmdiuo s for identification of 421 1 Stibwafoce Cora rains Those reports of explormoa and tests of subsurf toe co divau at or goons to the are that have been utilized by ENGINEER in lxep umv the Contract Doctmicrds; and 4 21 2 Physical CduSho st Those dmwugs of Physical coalitions in or relating to costing surface a subsurface structures at a cartiguous to the site (except Under>motmd Facilities) that have been utnhzcd b G10t EER in preparing the Contract Documents 422 Limited Rehanm by COMMICTOR Authorized 7echmcal Data CONTRACTOR razes rely upon the cis ml amcs,niry of the "tedlmal daze contained m such reports and dmwmgs, but wc}t reports aid trawings arc not rtkxarmema Such techmcel dam is identified in the Supplementary Conditions Except for such rehame on such technical data CONTRACT R may not rely upon or make any ebum against OWNFA ENGINEER Or my of t MMIFRa Conmulants with respect to 4221 the completeness of such reports and dr wmgs for CONTRACTORS Purposes, irlcludmg, but to limited to, any aspects of the means modrods, techniques, sequorices and Procedures of wiatruction to be employed by OCiNTRACTOR and safety precautions and programs inedem dtaeto or 42 2 2 Other dots i terpretatio st opmearu and Wormation coomincd in suchreports or shown a mcbmted in such drawings, a 4223 any CONTRA( I OR interpretation of or conclusion drawn from any technical data a uazrnrys such data mterprelabnrss, opinions m 423 Notice of Differing Subamym,v or PlWoral Condncams If CONTRACTOR believes that aiw subsurface m phvsial emxdnn rn at or u nfunfous to the site that is uraxwer or revealal either 4 2 3 t a of such a nature as to establish that any terdmtal data on which CONTRACTOR is erWtl d to rely as provided in paragraphs 4 2 1 and 4 2 2 is mausially mmccurate a 4232 is of such a nature as to require a change in the ( omract Documents, or 4 2 3 3 ditiors materially from that shown o hKVC(JiM"i, C.ONUtTIOtd 19104(19% 6(lani) w OI Of FORTCOMJI MODIIICAUONS(RFB4P0M)j au4cated in the (.arbact Documents. or 4234 Of of an unusual nature and ddfers materially firm conditions ardmardy encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, then CONTRACTOR stall; promptly tmmahately alter lx;cauug awme thcroof end before further disturbing wnd,ums affected thereby a performing any Work in connection therewidn (except in an rmaaggerr y es ppeerrmm��ttiteeaal1 by peregraph621) nobly OWNFR and IGLW XR in writing about such coalition. CONTRACTOR shall no father disturb such corndinms a perform airy Work m connection therewith (except as afaesand) until recmjtt uC written ado to du so 424 ENGINBERs Review ENGIN&R will promptly review the jertnsen conditions, determine the rocessnty of OWNERs obtaining additional explanation m tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of INGINEfiRs findings mid conclusions 4 2 5 Possible ("camel Draronerits Chaige if I'MINUR concludes that a change in the Contract Documents a required asit rawih of a condition this meets are or more of the categories in paragraph 4 2 3 a Work C hanger Djrwhve or a 4tange Order will he issued as provided m Article 1p to reflect and document the consequences of such charge 426 1amble Price mid Itmes A,*u wms An equitable adjustment in the Contract Price or in the Contract Tomm or both, will be allowed to the extent that the exaterae of such uncoveted or revealed condmron couses an increase a decrease in CONTRACTORs cost of a time mquued for perforinernce oC the Rork subject. houever mThe following 4 2 6 1 such condition must meet any One a more of the Oft orris described tit paragraphs 423 1 through 4 2 3 4 mchusive 4262 9 change in the Contract Documents pursumt to paragraph 4 2 s will not be an automatic authonaatton of nor it condition pr,cedent to entitlement, to any such adjustment 4 _ 6 3 with respect to Work that is Paid for an a Unit Price Basis, cow adjustment m Comra,t Pict will Is. subject m the provnnons of Auagra* 9 IO and I 1 9 and 4264 CONTRACTOR shall nor Lx tamed to on) adjattmcrnt to the ( antrael Prate or f rim s; d 42641 CONTRA( TOR knew of the eetskmec of such conditions at the time CONTRAMOR made a final commitment to OWNER in rupect tit ( omrmt price and ( ontnrct Times by the submission of a bid or becoming bound under a negotiated oortram, a 42642 the existence of such condition could teasmabiy have been discovered a revealed na a result of any examnnanarn, mvestrgauon, exploration, test a study of the site and comupous arias required by the Bidding Regmromems a Contract Douuents to be cair6racxi by or for CONTRACTOR prior to CONTRACTOR's making such final co mm tmeim or 42643 CONIRACTOR. failed to give the written nonce within the time and as required by pmagraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount a kro of any such o4iutabk acJustmem m the Contract proe a Contract Times, a claim may be made therefa as provided in Articles I I and 12 However OWNER ENGINEER and ENGINEERS Cahailu+ms shall not be [able to CON IRACTOR for airy clams, coats, losses or damages susmuied by CONTRACTOR on a in comsesi n with any other project a anticipated project 4.3 Physical ConiWans--Underground t'aaGNas 4 3 1 Shoo» orindcated The ttranintion and dam shown a radiated in the Contract Documents with upset to emxmg Underground Faciltes at a contiguous to the site is bared on utamation and data furnished to OWNER a ENGiNFER by the owners of such Underground Facilities or be calm Unless it is ot herwise ssly provided in the Supplmnentary Conditions 4 3 11 OWNER and ENGINEER shall not he responsible to the accuracy a completeness of any such uifamationo data and 4 3 1 2 The curt of all of the following will be included mite Contract Rua and rONTRACTOR shall hone toll resporsaMhty fa (1) revuewmg and checking aft soda mfomimton and cat& 11) locating all fhaourd Facilines shown a indicated in the ComMt I>ocMCIM {u0 coordination of the U ark with the owners of sods Underground Facilities during construction- and (n) the safety and protection of all such Undmgrourd }acihnes as provided in pamgtaph620 and Mpairmj, any damage thereo resuhmg from the Work 4 3 - Not %non of bi itoaied. If an Underground 1 acilnty is urs, va cd or resealed at or comu tour to the site wlmh was not drown or indsLated in the tatuu,t Documiena, CO\ I RAC I OR shah, promptly munediatily after beaommg noire thereof and bef(re. further disturbing conditions H(IcoWd dwreby or performing any Work in (mnroctm therewith (except in an emergency as required by paragmph623) identlA the owner of ouch underground I actin and FRU( MNIAM C011" nONa 191e: it 99e k(aum) w nn CIT i ORT(TA i INS MOpml( AnONS(RFA a 2(xa) �g,ttve written Horse to that owner and to OWNER and F3v*GINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and document the ccrosequancea of the ecisience of the Underground Facility It INGINEER concludes that a dtange in the Contract Documents is reyuued a W ode Glautate Directive a a Change Order will be issued w prwt in Article 10 to refloat and document such consequences Turing such time CONTRACTOR mall be responsible for the aa* and protabon of such Urdegro rid kamhty as prisxial in parrgmph 620 CONTRACTOR shell aM be aIlaved an Macase in the Comma Prim a an assemsoas a the Contract fumes, a bah, to the anent that they are attnbutsble to the existence of any Underground Facduly that was not shown a indicated in the Contract Docwnams and that CONTRACTOR did not know of and oouhl not reasonably have been tobe aware of a us have anticipated If OW RN�md CONTRACTOR are unable to agree an anntlenent to or the amount a Iangth of any such al in Common Rim a Contact Tames CON RAC TOR may make a claim thaafa as provided m Artwks I 1 and 12 Herrera OWNER FNGINEER and FNGINFFRa C-rnsultems shag not be liable to CON] RAC I OR for any cleans, costs, losses a damages incurred a sustained by CONTRACTOR on or in connection with any other project a ar"ipated project Reference Points 44 OWNER &hall provide engmanug sirvcys to establish reference palms for construction which in ENGINEERS iii4pe t are necessary to enable CONTRACTOR to proceed with the work CONTRACTOR stall be respaisihle for Jaya% out the Work &Imil protect and preserve the esmhiiclned reference points and shall make no changes a relocations without the prior written approval of OWNER. ( O\TR1( TOR shell report to ENGINEER whenever any reference point is lost or destroyed or requires retambon because of neearsutry changes in grades a lonuons, and shall be responsible for the accurate replacement o relounton of wch reference points by prufasscnally qualified personnel 49 Ashtulos. PCBs Pet-nieuas Hazardous Waste or RoAmdn a Manna! 4 r 1 OWNER shall be responsible fa any As3r.stcs, P(`Ps, petroleum Ilamrdous onto or Radioactive Material uni overeat a revealed at the site which was not dhown a nnchcated in Drawings a Specifications a identified in the c omract Documents to be within the swipe of the \oak and which may present a substantial danger to lxrsahs a coopexty expoaW thereto in connection smtlh the wad, at the site OWNER shall not be responsible fa an, such materials brought to the site Is (7ONI12A( IOR Subcontractors ,urppphem a anyone else la whom CONTRACTOR is responsible darofrom, and t-alarll -ubhgme ana 4rum+cud own�- or-revealed,a d"te - bJCM,pbNMAL COADJJIb1YS 191" 1199Qbdnwm -an OF I'M COIJ INS MOI)r4CAalOVI MI-1, 420001 ARTICLE 4- BONDS AND INSURANCE Perferrwace, Pay»rrntandOther Boash 51 CONTRACTOR shall furnish Performance and pay mat Bards, each in an amount at least equal to the Contract Price as secung for the fadhful Performance and payment of all CONPRACTORs under the CnmmctDocuments These Bonds (1 remtm m elect at least until one year after the date when fall payment becomes due except as pownded otherwise by lauws or Regulatoris ca by the Contract Documents CONTRACTOR shall also fiamah such other Bolds as are required by the Supplementary Condrtons All Bonds shell be In the filrm pmscrlrad b} the Contract DoctnnrnB cx t as provided otherwise by Laws or Regulations and shall be executed by such suretres as are named in the current her of Companies (fold Cerurkset" of Audacity as Acceptable Sureties on F l Bock and as Acceptable Remigin g Companies as published in Urcular570 (amended) by the Audit Stag Bureau of twvernment Faenoal Opemtm & US Trassiry Department All Bonds signed by an agent must be accompanied pry a axufied copy of such agents authority to act s2 if the surety on any Bond firmshal by t ONl RACTOR is declared a bndaupt or becomes Insolvent or ns right to do business its termmenad in any slate where any part of the Project is located or it ceases to meet the requirements of paragraph 51 CONTRACTOR shall within ten days thereafter suhetrotc another Bond and surety, both ofwhidn must be acceptable to OWNER S3 Licensed Scrapes and lamnary Catufrcoles of lasarance. s 3 1 All Bonds mid insurance required b} the ( onager Documents to be purchased and mmntamed III OWNER o CONTRACTOR shall be obtained from surety cx insurance compmnes that are dul) licensed or authorized in the jurisdicaan in which the Project its located to issue Bonds o insurance policies nor the limits and co& emges>n reed Such surety and msumrce conpanus shalalso meet such addinonnt requirements and qualnccanons as ma3 be pros ided In the Supplememary rondmms 53'i (ONTRACIOR Nall delwer to OWNFR, with apnea to each additional mauled idea fled in the Supplementary Conditions, certjficrmes of insurance (and usher evaknc� of uuurancc requested Try OWNIFR or any odnex additional Insured) which CONTRACTOR its recurred to purchase grad maintain in Amordance with paragraph 54 C)WNER abaN dalwas-to ..rash addtholat-Jrullrud ldetc{ied-r+--Ile b F'ondl o� acwknaxef-waawnsa . .. 6t�A Ti&IOTFJR foaWriphs s hand s 7Ahereof CONTRACTOR s LtabrMy Insurance 54 CONTRACTOR shall purchase and num min such liability and other rmuance a w appropriate for the Work being pertcemed mad hirmshed and as will provtda Promotion from claims set forth below which may artse out of or result Iran CONTRACTORs performance and frmidung of the Work and CONTRACTORs other ebhgattom under the Contract Doc(m crU whether it is to be perfumed or furnished by CONTRACTOR, saw Subcontractor or Supplier or by anyone directly or mdnemtly employed by any of them to perform or furnish any c4 the Work a by anyone far whose acts no of thin may be liable 5 4 l claaas utuki wu!(ers' twmpedhsarnun, dtsabhhR benefas and other similar employee benefit acts 542 clans for damages because of both Injury occupational uckrress or disease or death of CONTRACTOR a employees, 541 clads for damages because of bocbhr mjury sickness or dtseasc, or death of arts person other than CONTRACTOR semplcyees >44-alarms--for--dana(�as-vwwvd -by ausmmmy andnreuly�tha-; eymmu-ofawh= byMay other reason � 45 clams for damages, other than to the Work Rselt because of udury to or destruction of tangible prop" wherever lusted, including loss of use resudtmgtheaefrom and 546 dais for damages because of bodily mjuryor death of any Person or property damage arising out ct the ownership mmmemne or use of env moo vehicle The policies of insurma,e so required by this paragraph 5 4 to he purchased and maintained shall 5 4 7 with respect to assurance required bs paragraphs 543 through 546 inclusive and 541) mlude as additional msurads (subject to any customary csdusin in respet of professional habdi x OWNER, ENGINEER ENGINhbRs Consu ands and any other pers(nx or inures idenidied m the Supplememm-3 Coidnuons, all of shun shall be listed as additional insureds, and man& coverage for the respeaue officers and employees of all such additional insureds � 48 mclmdo the spcouha, cwvitugges and is wnttcn for not kcs than tic limns of Imhntay pros dad in the Supplementary Conditions or required by I a,, or Rego latums whichever is greater 5 4 9 include completed opermnons insurance euu)d 61,sexiAt C Our uoxe Isles (19>0Edna) wt('[T OI Mat r'CNIfYi h1(N)fFl(ATIONt dth-k(2aeni 5410 include contractual habiliq instance covering CONTRACTORs mdemMy obl(gauuns under peregraphs612 616 and 631 through 633 5 411 oontam a provision or crajorsehnent that the roveraw afforded will no be cancetle(( materially chanced or renewal refused until at east thirty days' Prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to when a catsdcate of insurance has been issued (and the esu6e8tas of nnssuaomoe fumshed by the CONTRACTOR pursuant to paragraph 5.3 2 will so PM00 5412 reran in effect at least until furl pa}�ru na and at ill ties dnmafter when CONTRA( To may be in acccoordance with paragraph 13 12 miding etrve Work 5 413 with respaht to completed operations insurance, and my misutanec cover" written obi a dmrstn ide bests, remain in effem Fat )mu two yeas after find pm morn (and CONTRACTOR shall fummdh OWNER and each other 4&bt onal insured Identified in the Supplementary (ondbuorns to whom a cerh6cete of insumncc has been hued evidence wtufmctoty to OWNER and any such additional insured of continuation of such insurance at fowl payment and one year thereafter) OWNER s Lmblk Insurance 55 in addition to insurance required to bit, proeaed by CONTRACTOR under paragraph 54 OWNER, at OWNER's option, may Purchase and mamam at OW NER's expense OW'NERs own babtht) msurance as will protect OWNER against claims which no, anse from operation under the Contras Doctimetts Noarm lasatrmce 54-Unless othawrae-prevadod rs theSupptewartmi} condmorvs,- OWNER- -sha11 Purchase, omit aneaeann of -the -dull ooM -thereof-(sutyeet-to sash deductible amounts of may be -}> idad in the Suppkmatmry fi-oadiaers -or roqu+ret-kv--lmwa and Regulahene) >'Tlmcahwun>oealstll 5G-1---rwittdc—tqe ahtarasta orb C4Wh6R, raatnaes ndteaaataed-rat ilia- try-1,ondgwNts each -of whom as deemedlto-Hnye nttmanueaMruaerest amtl kwll-be Ia;tadas i-mwduad<x-mddauonaihmuvred 1-6 2- be, Willem on, a 1;' oilder's Rrak- all fiek or the -following penkr fire lightning evended mate rtdtvtthat tmah mawmis-anAequtltnaa have-9een h5,.�and 59 OWNER ftll not be respunstble for ptvehasag Mul mauAmung any property insurance to protect th, vaereas of CONTRACTOR Subcontmctm or others to the-Werlrio��f i}ed are ash -M tqa -F a� 41e Fwk--of 4yGQ�4RACTGR suwffluugt�w ohm my snob leee-ami-si'eny-anthem-WMIMS party msun0100 Lv8n8geNYtt}tl11-g1C}nm!•J-Of-arNllFefn6a!$4.-"C9e11 may plvehBaeerlcilfla@Main-HetihasiHvn'aKiw.+n,`,e `"Mal-!wamea be -no, "Ad ua�.s-atmt9tyg-dwt-edw (7fmtge 1-kdar ar Ver+tten .�wtdmettt prier tv hA.D46F2.iMAL CAhIHlloHs t910k {j WJQ j9f4(IQn l{7 w (TTYOI FORT COWMM(M?IFICAnONS RIt 126eU� makes %101a-waiver bare to the l%'Heled9 of payahla andermy polwy— meued agora- _—CW RA6T9P, olTiert,4wem m-0repleyeaa and-egewa-ef my et them-fw of xse -er flaw Ronsequimot -lava egt f be}or-4-4vert fhvsilg lei .n-Aamage-� OwNq-eute€or-r tltutgfrau-6rek Muse d by whether or notarwured by OW NHX- and 54l2-2 less e dan}age to lbe eenvpleted f+reJaaGax rt-thereofaensedby onsft-outofw reavltte�-from-fvaw edw-vtsuMd jw4-earorai d+tvt -pao., aathASUM paragraph-1440 afar--Substanlml Camplet,, p�wttupamgreph 14S� after tuvd pMymaot aW"h44 t3 sty-3ean; Aemeyew reGrred-1wutIFns vibe-e4Tearthat m-F uve uentfnl IH,ss the vtsurers will have weights of 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 Sect -ions 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 Rev 10/20/07 Section 00100 Page 1 ReceyN andAmbeahm ofInsurance Jeraceeda 5 12 Any matted has under the poles of aauranc., required by panigraphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiducary, for the uhstve& as their rmvests may appear subject to the rugmremema of arty applialile mortgage claucc and of paragraph 513 OWNER shall deposit in a separate account any money so received and shell deanbute it in accordance with such agreement as the parties in interest may reach If no other special awasmem is reached the damaged Work shalt be repaired a replaced the moneys so received applied on account thereof end the Work slid flit met thereof covered by an appopnate Charge Order or Witten Amendment 113 OWNER as fiduciary, shall have power to adjust and same any lees with the insurers unless one of the parties in merest shall objmt in wrt�tutmngg within fifteen days lose; after the occurrence of to OWMN Rs acerese of this power If such objection be made, OWNER as fiducar% %hall make setlement with the wafers in accordance with such ogreemem as the partial m was t may reach I f no such agreement among the parties in uaeresk is reached, OWNER as fidoaany shall adjust and settle the loss with the insurers aces#- h h-Avert n aueranx;-OsvNkR-asdueie-ekiall 9" bmad-4.44he "OF fafflaFM`16110�� Ac"p mce of Bonds and tranuace ophm to Replace S 14 If owN� has arty dyection tin the co orage atTaded 6Y or atMr provaions of the Rand%eF msurence requred to be purchased and manmamtd by the C'C?NfRAC�TOR m accordanrte w itla Anrclt % ari tha sis of nanconformanc�t wrih flat Contend llocumeras the able%Nargpsetyshah-snnanfy-theetherperty OtVtJE. bt,will a�!1� 4'f�1(t m wittug walvn tee IALteen dins pet _._., cry of the rah icatts (� ether evtdanat reupresfed3 �_29a ss repaired by pamsssnnh?? provided as the other mat remomf4v requ sa If either party dnev rot-rar&ase-a mamam-aH-of-tla-Easels end maaattoa--raqurrtd of -sash vmiy -by 4he Conueas party 4WI *0* the -other -party in wnusig-el'suaFs fedrteto-gsraFa.%e priorto-iheewrt of the or remedy -the caaherpativ tw eve-rafahapurty who-was,required torovda such Par" Uhh,shm-Propenn Inswranae 5 15 If OW" ER limb it necessary to mcupy or use a patron or ptytrons of the Work poor to Substantial bxoCnhNMAI COIANFIONSNIQ-8(19WFduoi) col RTY OF FORT MI t M M(NArJ( ATIONS WIN 12afln) tnmiplehon of all the Work, such use or occupancy may be a xetseg fished m accordance with pnmgraaph 14 10 ase vided that no such uor omupancy shell commenes before the mmarees providing the property insurmice have aclenowledged mum thereof and in writing effected any m in mvemge necessitate thereby 1 he insurers pmvidiV fhe maiance Shall Consent by emubnemem on the perry cr pohcLm but the u siamme shall race be cancelled or permitted to �n account of any achpartml use or occupancy ARTICI F (..CONTRACTOR N RESPONSTIRLTIES Sapervimm madSaperanundence 61 CONfRAC TOR shah supervise, napeet and dared the Work competently and efficiently diming such ammmm thereto and Applying such skills and experuse, as may be nemses ry to perform the Work in accordance with the Coamact Not na" CONTRACTOR shill be sokk responsible for the means, methods, tedurigiros, seyuerwes and procedures of mmtrtrcUm, but CX541 RACI OR shall rout be reslraimble fa the negligence of dhars in the d mgn or spwifiwuon of a specific mears, method technique sequence or procedure of corawcuwt which Is shown or Indicated in and mgrmaly required by the Contract Documents CONTRACTOR shall be responsible to ace that the completed Work omtphes Accurately with the Contract lMouments 62 CONTRACTOR shall keep on the Work at an times during its progress a competent resident superintendent, who "If not be replaced without writen notice to OWNER oral ENGINIRR except under MOMAary circumstances The sufauracrident will be ( ONTRACTORs representative at the sat and stall had e authaay to ad on behalf of CONTRACTOR All communications to the sulwrmttnidera shall he as bin duo as if given to CONTRACTOR I abet 4lasawts emdFgaipmmt 63 CONTRACTOR shall provide competent suitably quehfied personnel to surrvev Inv au and Wrntrmt ffa Work as required In the ( ontr-m t)ocumems CONTRACTOR shall at all times maintain good dm iphnc and order at ter, site I=ept as otherwise r�qured for the safety or prouctmn of persons or tho Weak or properly at fix site or adjacent thereto and except as otherwise indicated in the ( omrma 1)ocumems, all Work at fhe ate shall be performed durin& regular wt" hours and CONTRACTOR gmll not llama ovenune work or the pafoxmam,e of W ale on Saturday Sudsy or any legal holiday without OWNhRs written consent given after poor written notice to FNOINEFR CONTRCTOtren_el4 AINR IiIeN thin, R�ummdvgnccof an) tkrgk fig be RX i 5ammdav Sudsy. Hulalais ar otusrdt fthe Ragxila Work3gg Haim 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall fumsh and assume full responsibility for all matenals, eguipmen4 labor uamportanarti construction equipment and machinery tools, appliances, fuel, power fight, hoar, telephone water $Mutiny thelhties, tenpomry facilities and all otter facilities and Ancudenti necessary fa the furnshmg, performance testaµ„ stattup and completion of the Work t natuors __..S.,ONTRACI OR moat amply wtth�tho Citys purchaang—�-trestnetiom. A gppy ciftnas a evadable for review in the offices of the AAmha g and Rack Manngenent Drvnamn athe City OLRrks once 642 Cement Restnctrors Cay of hort (olhm Rasolutian 91 121 reiuuca thin Wnilgirs ww M199ce al_amcl sZt.Ig ua comarrngB.selnau to res W 4tat the cemaa was not ma(ly in cement kil. that b.. hiaaardom waste as a fuel 65 All materials and epmpmmt shall be of good and new except as otherwise provided to the girRlgyC.amlot Documents All warranties and gumantas specifically called far by the Spaificanors shall essly rmr to the benefit of OWNF'R if required by FNG s C.ONTRACIOR shall fumsh sansfacrory evidence (including reports of required tests) as to the kind and quality of materials and equipment W rnatmalc and ey crit shall be appheei, ismlled, comtectai erecn:ci, uaad, clemned and conditioned in accordance with msruetios of the apphcable Supplier except as otherwise provided in the Contract Doc mesas PregrMMedafe. 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be attested from tune to time as prov Ailed below 661 CUNII2ACIOR shall submit to LN(4LNELR fa acceptance (to the extent indicated in pmagraph2m) proposed adjusmams m the progress sehedrle that will not change the ('oamet Tomas (or Nblestaos) Such actustmems will conform general to the progress whedule then m effect and additionally will comply with Ann provisions of the General Requrements applicable thereto 662 Aopowd adjustments ran the prog= wAmduk that will charge the Conmnct Times (or hftlestones) shall be s itimitted in am"dan ce w nth the mqusanents of lamgmph 121 Such adjaamcr Ls may only bt made by a Change Order a Arson Amenalment in accordance with Arne1L 12 67 AWsrtrureaand Or Fqual Items 6 7 t Whaova m) iteni of natenal or oquiptont m sperrfietl a demsbai in the ( ontract T)wun ents by using the name of a pMmetarv, item or the nano of a particular Supplier the specification a desafptimn m intended to establish the type function aryl quahty rogerred Unless the specification or descnptmn 1� 6K'DCOfiHkitALtUeDi?lOtd lliM fi99a Fdaian w ❑tY OF TORT COt t iris MU)tt t AnOM mtY4Raaaj commis Of s followed by wards reading that no like equivalent or orttpal item or no substitution, As pamrned, Other items of material a equipment or material a equipment of other Suppliers may be accepted by 04ONM urds the fmllowuig cin umatmoes 6711 VrEraf If in ENGINSGRs safe discretion an elan of material a equipment (imposed by CONTRACTOR is functional$ equal to that named and sufficiently smdar so that no change in related Work will be mqu iW, it may be considered by ENGINEER as an orel Item m which case mow and approval of the proposed dam may in ENGINEERs sale discretion, be accomplished wnbout compliance with some a all of the re a mmmas fa accepiarace ofpratwseid substitute ratans 6712 Subsnramltena IfmENG1NEERs solo discrouom an ntam of material a equrrppmmsat proposed by CONTRACTOR does nOt quatfy as an m-equal item under subpmagmph 6 71 1 n will be antadared a pmpowd subshWte am CONTRACTOR shay submit suftico nt information as li mided below to allow ENGTNFFR to datenmme that the aeon of maternal a equµment proposed is essarimally equivalent to that named and an acceptable substitute thaxfor The procedure for miaw by the ENGRgEER will include the following as suli meraal m the General Requirements and as 0INEER may decide As appmpnate taller the circumstances Requests for review of proposed substrate items of material a egigmmt will not be accepted by EE ENGINR from anyone other then OONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material a equipment. CONTRACTOR shall fast make wntten application to ENGINUR for acceptance ce thereof oftlying that the proposed substitute will perform adequately the funcumts and atluave the results tailed fa by the #Moral design, be sanitm in substance to that specified and be $Uitad to the same use as that specified The application will state the alien, if any to which the evaluation and acceptance of the pit whstatate will prejudice CONTRAC O'1' R wedadeevemem of Substantial Completion on time whether or Out acceptance of the n&tMdc for use in the Work will require a change in any of the ( ontract Documents (or in the provisions of any odor direct contract with OWNER fa %wrk an the Project) to adapt the design to the propxmd substitute and whether or not rncorpmr1an sea use of flit substitute in connection with the Work As subject to payment of any hceeme fee a myalu MI vanatrons of the prumlpiowd wbsluute from that specified will be identzfied in the application and available maintenance rgmu and replacanent servile will be indicated The application will also contain an aemnW estunate of all boas a cm,his that will result directly m mdaeml) fran noueptauae of stwh substitute, inckidmp, tests of redesign and claims of other camrectors affected by the reiukiing charge. all of much will be considered by ENGINEER in oaluatig the pro ENGINEER may requite CCTOR to for sh additional data about the proposal substitute 67 13 00NMC'TOR4 Expense All data to b Provided by CONTRACTOR in support of any proposed crequal or substitute item will be at CONTRACTORS expanse. 672 Subsature Canvbvchon Magic& or proceo'urvs If a sifie means, method, sequence or Iaoailitre of construction is shown a indicated in and expressly required by the Contract Documents, CONTRACTOR may fattish or uahte a sitbstmue means, metlnd, te.Itmque MUMMER oi procedure of construction acceptable to MUMMER CONTRACTOR shall submit sufficient Information to allow ENGINMR, in ENGINEER's sole ducretion, to detemme gat the substitute proposed Is oq urvalent to flat expressly called for by the Contract Documents rim procedure for review by ENGINEER will be sunder to that pronded in subparagraph 6 7 12 671 Egmeer',r Evahinaan ENGINEER will he allowed a reasoable time vnthm which to evaluate each proposal or submttal made pursuant to paragraph 6 7 1 2 and 6 7 2 ING1NM willbe the sole judge of acceptability No or 1 or subsrmte will be ordered, installed or mtllzed without ENGINEERS prior written acceptance which will be cadenced by either a Change Order or an approved Shop Drawing OWNER map require CONTRACTOR to furnish at CONTRACTORS captive a special performance guarantee or other sleety with respect to any or -equal or substitute ENGINEER will record time regirred by ENGINEER aid ENGINEERii Consultants in evaluating substitutes proposed or submitted by CONTRACTOR purmat to paragraphs 67 12 mid 672 and in making changes in the Contract Documents a in provtamns of anv other direct contract wigOWNER for work m the Project) (wcasrormd thereby Whether or not ENGINEER accepts a substitute item w ppci or submitted In, CONTRACTOR CONTRACTOR shall reimburse 04PNF1t for cFatpes oC ENOIN13 and ENGINMq Caistilantsthe fa evaluating each such proposed substitute item Concernwg $Ihcorth id0n, Sapphers and en 6S 1 CONDRA( TOR abil not employ any Subcontract Supplia a other person or orgammuon (Indudi g thou acceptabk to OWNFR irid INGINHER as indicated in paragraph 6 8 2) whether Initial or as a substitute, against whom OW NEk or MCrI RM may have reasonable obtecti m CONTRACTOR shall not be required to employ arty Subcontractor Supplier or other person or orgamzaurn to fuirnish or perform any of the Work against whom CONTRACTOR has reasonable objection W(,M OL^"Ai. (-ONDIIWNS IMmS (19" hmtm) ai (17Y OF PORT C(t I M M(RLFI( 4nONS Mi,I I ,Mn rU 6112 131ddura Docutnrna minus a the Rican of certain Subruntraciora, So ors or other persons or orgmilamo IS (Inch dm who are to furnish the (aura# items of materials or equipment) to be submitted in OWNER rn-adraneaeif-this-apaaified dais prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and it 06*9RAGPOR Me r4b"ed - Ina her -of -a aaseadassa with t)uerE�eetmy-Cenfkuaro- OWNhRs or E'N(rIN s accoptow (either in wring or by failing to make written objection thereto by the date Indicated for acceptance a objection in the bidding documents in the Contract Documents) of mvwavrauc txo acceptance by V W Nt R a ENGINEER of any such Subcontractor Supplier or otlmr person or organization shall ranttmie a "Iver of are right of OWNER or I NUMER to reject d0rfive Work 6 4 1 CONTRACTOR shall be fully Y=ible to OtSNLR and hNGINELR for all acts aril ointssionss of the Subcontractors, Suppliers and other persons and orgamzatio s performing a fumalmng arty of the work under a (tired or adret caramel with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and amisslaps Nnthmg m the Cmaact Dauments shall create for the banefu of any such Sub mrmctor Supplier or other person or organization any cormuctual relationship between OWNER or FNGhNFFR and any such Subcom cur 3uppli,, or other person or ciganrmtion, no, stall It uesw ally obligation (m the pan of OWNER a MANI lR to pay or to sec to the paivtot of any moneys dew any such Subcontractor §uppher or other person or organirauou c,u.cpt as may otherwise he required bI Laws and Rcgulaucm O Njgjcr N LNNf•>muy furnish to arry subi,ontractor supplier or other perwn or aura, eon irk% of apgoats oat 1� pa (,ONTRA('IOR in _ate Hitll CONTRACTORS Applicuhois far l%vmcnt 642 CONTRACTOR Shull be solely rc� able fee scheduling and coordmating the Weak of Subwntraaora. Suppliers and other persons and orgnmadrars performing or fitrrushing arty of the Work under a direct or ualaw contract with CONTRACTOR C:ONIRACfOR shell require all Subcontractors, Suppherc and such ad= persona and eegaramtiom perforug or hhmehng am of the Week to communicate with the ENODUER througjh CONTRACTOR 610 The divisions and sections of the Speufuanom and the dermhconota of erryy Doll � Shall nor control CONTRACTOR m rbvakig Uhs Wait amwmg Subcontractors or Suppbers or debneat rig the Mork to be performed by any specific trade 611 All Work paiorined for CONTRACTOR by a Subcontractor or Supplier will be pursuer to an apgxaprate agreement between CON RAC TOR and the Su for or Supplier which specifically brads the Subcontractor or Supplier to the applicable terms and conditions of the Cotardci Dcx.urmams for der. tar fit 4 OWNER aid ENGINFER 1VkeneyeFenv-suekaareem.rx ansutg(aht crft+r-restdtutg fifers art}rofthei ilia Wodt df ila aaarera.n-any 9W8}i Prdeat Fees sad Rvjvr(tres 61, CONTRACTOR shall pay all license tees and reealues end asatme all costs incident to the use in the Performance of the Work or the incorporation in the tlork of any mvemicim design, process, product or device which IS the subject of patent riglus or oopvriglsa held try others Ira particuhr nwenutn, design process product or device IS specified in the Contract Doctmam for use in the perfomarxe, of the Work and if to the actual knowledGe of OWNER or LNGINM its use is subject to patent to& a wry rights callus for the payment of any license to a rovalty to others the exaterce, of each rights shalt be disclosed In ORNP.R in die Contract Documents 10 the ftdk,t extent Permitted by Iawe and Reguhtums, CONTRACTOR shall irndemnd} aid hold harmless OIANLR, FV6INLI R I Y6LNET-Rs Consultants and the officers, directors, anployom agents and other consultants of ery h and an) of them from end agatrat all Odors, coats losses and damages ansing out of or resultarp_ from aria, infringement of patent rights or hts incident the use in the perfumance of the W�incidentto,rasulnng from the iraorporation in the Work of an7 Immum design, 9prefers product or deice not specified in the ( ormct Mocwnemts 14 LXV(,QEShKAf, C0VD171(JM 191tba 1 J"Q 8eiuu(1 a On OF bORI MAIM Want ICATION(Rl V WOOD) 613 Unless otherwise tiled an the Supplementary Cmdthons, CONTRACTOR shall c b mn and pay for allll construction permits and hoem ar& OWNER shall mate CONTRACTOR when n in obtaining such permits and hearses. CO&TOR shall pay all governmental charges and inspection left necessary for the prosecution of the Work, which are applicable at the tune of a now of Bids, or if there are no Bids, on the Rikcdvf Iaete of 11a Agrecmcm CONTRACTOR shall pay ail clar&es of uutdy owners for connections to the Work, and OWNER s}ng ley all dirges of such utility avt s fee cejxal costs rtkited Uicem such as plant investment foes. 6.14. LarvsaadReplahaes 6141 CONTRACTOR shill a all notim and comply with all Laws and Rep atitxa applicable to firm and perlormarice of the Work Except where O"Wvvlw expressly required by applicable Laws and Regulations, nether OWNER Fair ENGINEER shall be responsible for manitormg C.ONTRACTORs compliance with any Law, or Regukatcsis 6142 If CONTRACTOR performs any Work kiawa or hers gg reason to know that it a comrar} m Iowa or Regulauons, CONTRA( IOR shall bear all clams eons, losses and damar caused by ansing out of or resulting thenfre ai however it shall nut be CONTRACTORi may rceporaibiliq to make certain that the Spwihicatims and Orawitps are in accordance with Laws end Regulations, but am dell nor relieve CONTRACTOR of CONTRACTORS obligation under paragraph 3 3 2 Tares 615 (,ON1RACfO1% shall pay all sales, s.rnsutner tee and other similar taxes requavd to be paid Ix CONTRACfOR in accordance with the Laws and Regulations of the place of the Project which are applicable during tlx performance of the Work 6151 OWNER a exempt front Cotaado State and 1 sate§ and use_ ai;gs on tZiegrikis. to be penparner t incorporated into the projec $aid trees shalt not be included m the 4ordrkct_ W-jRACIORnywa _Mly _&C and xlys, g C rhfkate of Exanptnon from the Mkaado Drpinem vt Reyemre Nj cat ctmn mat i be shysioOly mcorpomled into the ect, I his Carnficatgnn of Exemption prvidas that tlx (Y�NfRA(`I OR shall neither ray ma tr in& in his Bt�,_,;ahea and lase Taxes on those buijaiu* and waamown mglSllal§ k%tk;ft t' _ the project Addivew Cg M4 Department _Rcveme Sate Carnal Amex 1375 Shaman Sacek PMOL00-19pidg,1024 Sales and Use Taxes for the Slate of Colorado =adl Tm�oftwp ofS+ Colors i'atag_rmhuMatn of h 31 Saki d Tows fuxlulma Ram onta; mi airy' ItE1114 S 1l1an COI6iNCllWf Mae porvittl win the jeer an ro be,pererd COM'RM-I'OR and are m tcu n pjjg zWbdItems Use of Pfnamrxes. 616 CONTRACTOR shall confine catetructton equipment, the $Waage of materials and oquipmem and the rim of workers to the site and land and areas ulenuGed in and permitted by the Construct Documents and other land and areas permitted by Laws and Regulanms, rights -of way pemtas and essemams, and shall not urcasmably encumber the premises with coretructioH egmpnem or other materials or equipment CONTRACTOR shall assume full responsibility for any damage in any such land or area, or to the owner or occupant thereof or of any Adjacent land or areas, resulting trout the perinow ace of the Work Shoutd any chum be made by any such owner a because of the parfannanm of the War CONTRACTOR shall promptly settle with suds other )not} i» negotieaion or othmnse resoNa the cdamr by erbmm�on m orbs m resolution proceeding a m law (ONTRACCOR>to tle fullest mctem permitted by Laws anal Regulenons, mdamufy and hold harmless OWNER ENGEJEER, ENGINEERS (.orwultam alai arryvre dnrrctly a mdroaly rwrf al by my of than from and egmmst all claim$, costs, tosses and damages ansitg not of eon resulting form oty claim claor action, legal or eclusable, brought by any such owror or ampara a cost OWNER ENGINEER or am mler pity mdeirrmfiFereunder to the co m caused by or based upon ODA CRi1( T OR s performance of the Work C 17 Durag the pog m of the Work, CONTRACTOR stall keep the premises tree firm accumulations of waste materials rubbish and other debris resulting from the Work %t the cnmpletmn of the Work CONTRACIOR stall snore all waste materiels, rubbish and debris from and about the premises as well as all toohs appharlcos, construction equipment and machinery and surplus materials CON TRACTOR shall leave the site clean mvd read? tea ox upeny by OWNER at Substantial Completion of tie Wod. CONTRACTOR shill restore to Original condition Hit pruparly not designated for alteration by the Comraot Documents 618 CO\TRACTOR shall not loud nor permit any pan of any struUta, to be loaded in airryry mmmer that will endanger ilk structure nor shall (1�N ("COR subjW any part of nix Work a adjacent proert) to stresses or pressuresthat will endanger a Record Dnearnearc PXIX O&v6aAV CONC%71ONS 1910-8 (19" hallo q a (Try Of F(Mr (TittIMMODIRCATIOM(fin 12(art)r 619 CONTRACTOR shall matmam m a safe place at the site one record copy of all Drawings, Specffoahons. Addemis, Written Amendments, Change Orders, Work Change Directives. Field Orders and written mterprelabom and clan&eatiolss (issued pmatnent to pamglaph 9 A) m good order and annotated to show all charkges in mg construction. Tbwc record doaimaus with all ap{aoved Samples and a counterpart oall approved Shop Dnwufp will be avmlablc to ENGINEER for reference Upon oomplenon of the Work and prior in release of final payment thew record ducumems. Samples and Slop Drawings will be delivered to ENGINEER far OWNER 6afesy and Pmtec&an 620 CONTRACTOR shall be regxxetble for mmstm$, manntaming and supmrsuig all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions ior the safety of; and shall lrmuk the necessary protection to prevent damage„ injury or tons to 6 20 1 all persam on the Work site or who may be affected by the Work 6 202 all the Work and materials and oqui mem to be incorporated distant. wheeler in storage on or off the sae and 6 20 3 other propem at the site or adjacent thereto including trait, slmtbs, lawns, walks, pavements, roadways. snuaurea, utilities and Underground Facilities not dewLmated for remwa), relocation a replacement in the course of construction CONTRACTOR "I comply with all appltcable Laws and Regulators of tiny public body lam for safety of persmis or property or to protect darn from dAmage. injury or loss, and shall crest and mmmam all necessary safeguards for such safety and protection CONTRACTOR sha11 notify owners of adja«m property and of Lhrderoround Facilities and uhlav owners when prosecution oP the Work ma} affect tfw m and "If cooperate with them m the pmtecum removal relocation and replacement of then property All draw in U or toss to anv property retained it) inparagraphs 6 2a� a 6 20 3 mused, drealy a induntly in whole or in part by CONTRACTOR arn, Subcontractor Supplier or any other person or orgamzation directlyy con indirectly employed by any of than to perform or Tunwh any of the Wak or anyone for whose acts any of diem may be haute shall be remedial by CONTRA('1'OR (ejx damage or krbb attributable to the fault of Diw%wip or Spco.nfashoils or m the acts or ommasiae of OWNIR or FN(,INhER or MONEERb Consultant ur anyone employed bw mry of than cot any one for whose acts any of them may be liable and not attributable dreeth or wal recdv in whole or in pats. to the fault or h4igance of CON CRAW TOR or arty Sub-o arwor Supplier or other person or organuzafhon drealy or Imdnecdy employed bj anv of theno CON TRACT OR, dunes and rem ihihnas for the safety end protwnon of the Work shall continue umll such tune as nil the Work is crmmpleted and F\( INFER has emoed n 15 notice to OWNER and CONIRACTOR in accordance with paragraph 14 1"3 that the Work is acceptable (except as otherwise esqxressly Substantial Completion) in connection with 6.211. SaferyRepresensadve CONTRACTOR shalt designate a quabfied and cglaenced safely representative at the site whose duties and raspoarasubilitiea shall be the prevention of morkrns and the tmatmamnng and supervising of safety precautions and program. HamnlCanmrutecatmn Progmnu 622 CONTRACTOR shall be responsible for courdmmmg any ermharige of maternal safety data sheets or other hazard commur m ttion information retimed to be made available to or exchanged IrRween or wag amplayers at fie site in accordance with Laws or Regulations Fnergandar 623 In emergencies affecting the safety or, pmtcetton of persons or the A� or property at the sate or adjacent R, spectal instruction or authmamon from OWNER or FNGTNEER, is obligated to act roRAprCeve¢ threateenned dam14 INagEe ProU)Na bss notice if CONTRACTORe believes that arro significant changes in the Wok or varmnotls from the Contract Documents have been caused thereby It ENGINEER determminea that a change in the Contract Doaunents is required because of the action taken by CONTRACTOR in regaotse to such an emergency a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24 Shop DinawragsandSamipim 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approe at m mccadnnce with the accepted schedule of Shop Draw mate and Sample submittals (see paragraph 2 0) All submittals will be ideNrfial ire I N(A NEHR may roprire and in the number of copies specified m the General Vtr menu The data shown on the Shop Drawings wad be oonpletc with respect to quantities dlmetshors speediest performance and design angina materials and similar data to show ENGINEER the materials and equipment CONTRACTORpropuses to provide and to enable FNGINEER to revm% the mfmnatron for the hunted purposes raptured I,, paragraph 6 26 6 24 2 MN I RV TOR shall also sutxnrt Samples to ENt,IIN'EER for Mtcw aml appmsal m acvordarae with sand accepted schedtde of Shop frawatgs mil Sample aubmmahs Each Sample will be identified dearly as to material, Supplier pertinent data such as catalog nrmuben and the use for uhrh mtenekd and otherwise as ENGINEER may regwrt to ermblt FNCIhpER to reyaw the submittal tar the Ignited 16 biGDC OhNha ALC ONUITVNS 19114 I19901.Mian w(ITS OF F(MTCOIJ 11sSM0141❑ATTO? (alb4nala} purposes required by paragraph 626 The numbers of each Sample to be submitted will he as specified in the Specificahoas 6.2& sidm nat Pnoctdares 6251 Before submitting each Shop Drawing in Sam CONTRACTOR shall hove determined and vWIL 62511 all field measrmamemq quantities, dumea.tau, specfied performance Criteria, muellatam requremem. matermLs, cataMg umbers and simutar ufformation with respect therein 62512 all mafamis with respect to intended use, tabtieabo , hatdlin& assembly and tdano, pertaining mto nhpafarmance of the Work and 62513 all information relative to CONTRACTOR s sole respaashloa s in r sp"t of means, methods, techniques sequences and procedures of construction and safety precautions and programs trreitkmt thereto CONTRACTOR shall also buy reviewed and coadmated each Stop Drawing or Semple with adxr Shop Drawings and Samples and with the requvemems of the Work and the Contract Documents 6 25 2 Lach submittal will bear a stamp or specafic written eaheation that CONTRACTOR bas satisfied CONTRACTTRs obhgations under tote Contract Documents with respect to (.ONTRAc TORS review and approval of that submittal 6253 At the time of each submmon, (ONTRACIOR shall pve ENGINEER specific written notice of such varuajons, if any that the Shop Drawing o Sample submitted maw have from the, re surements of the Contract D ocumerick such roue, to be in a written communication separate from the s hmitml and in addition shalt cruse a sqc ftc notation to be made on each Shop Drawing and Sample suborned to ENGINU R for review and approval of each such variation 626 MANTER will review and approve Shop Drawings and Samples in m.wnlmtce wnh the schedule of Shop Trawma.*,, and Sample vubmmal% accepted by FGNGTJQEER as required try paragraph 2 9 ENGINEERs review and apprcn at will be only to detamrtne it the items cvvend be th submittals wdL after installation a incorporation in the Work whom to the information mxm m the Contract Documents and be compubbl, with the d(mign uricept of the umtplced Prgect as a funcuotarq, while as mchcated hr the Contract Documents ENGINEERS review and approval will not extend to means, methods techniques segaarices or pcxedures of construction (except where a particular means, method technique uquence or procedure of cansttudton is specifically and expressly called for by the C.omraet Docamrsift) or to safety p rommor a m programs mcidertt thereto The review and approval of a te item as such will not mdtom, aappppntwwid of the assernhty in which the item functions, CONTRACTOR shall make corrections required by ENG149M and shall ream the required number of contacted copies of Shop Dmwngs mid submit as required new Samples for review and appromet CONTRACTOR Ball direct specific attention in wraug to rovimom other than the corrections called for by F.NGiNEFR on previous submittals 627 FsN(,MERRs review and approval of Sho Drawings or Samples shall nor relieve CONTRACTOR from rergratsibdity fa any variation from the requremena of the Contact Documents wiless CONT RAMOR has in wr" called ENGINEERS attention to cach such variation at the tale of submission as required by pamsimph 6253 and ENGINEER has Swan written approval of each sudi variation by a specific wmam notation thereof incorporated in or accompairyi g the Shop Drawing a Sample aapppJxroval nor will any approval by IMINIs"Isli relieve CONTRACTOR from rapirmbtlay forcomplying with the requuemerds of pamgmph 62i 1 628 Whore a Shop Drawing a Sample > requued by the Contract Doaumems or the sche" of Shop Doming and Sample submissions accepted by ENGINEER. as requued rb 29 any related Work permed pnor to G�for a review and approval of the Ipert ment submtttiI will be at the sole expense and reVismrauy of CONTRACTOR Conhname the Work. 629 CONTRACTOR shall try on the work and adhere to the progress schedule cluratg all disputes or dtsagraematis midi OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, exceta as pemimed by paragraph 15 5 or as OWNER and (.ONTRACTOR may otherwise agree in writing 6.30 CONTRACTORS Gmenal Wisrsimtl and Gaaranrer 6 30 1 CONTRACTOR warrams and Sum ntees to OW NER ENGTNEhR and ENGINEER s ( cmultants that all Work will be in accordance with the Construct Documents and will not be defective CONTRAC`rOR's warmmy and guarantee hereunder excltides defects or dumVe omisal by 63011 abuse,. modification or improper maintenance or operation h) persons other flan CONTRACTOR Subconmactom or Supplicrs, or 0 30 1 < normal Wear and tear under normal usage (5302 CONTRACTORs obligation to perform and complete the Work in accordance with the Comae Documents shall be absolute 'Yaffe of the following wall canstntute an acceptance of Work cast is rim in i,U)C MINMAL comm noon 191" o99eEoatasa cat CITY OF PORT M I INS M0 DH`If VTI0M (RFV 0oaa accordance with the Contract I)oaanenas or a release of CON TRACTOR s obligation to perftam the Work in accordance with the Commot Documents 63021 obseavattornby ENGINEER 63022 recommendation of any progress or foal payment by ENGINEER 6 30.2 3 the asumme of a cenficatc of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documaus 6 302 4 ose ar occupancy of the Work many pan thereof by OWNER 63025 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop ihawng or Sample submittal a the timince ot a nonce of acoepaabtlit) by ENGINEER pnrmmd to paragraph 14 13 63027 arty impection, test. a Approval pry ahem, or 63028 my correction of ekfechve Work by OWNER Ixdoiunficatim 631 To the fullest coda prnnatcd by Laws and Regulations, CONTRACTOR Mehl indemnify and hold harmless OWNER, ENGINEER ENGTNEERs Consultants and the of$ocr% directors, employees, agents and other consultants of each and arty of them from and egaima all dams, costs, losses and damages (Including but nor limited to apt fees and olwtges of mgmeers, architects, attortitys and other prokworals and all can or arbo ation or other dispute resolution costs) caused Iry wsup, out of or resulwig from the p atobnance of the Work pros, ided that any such clam cost, loss or damage (1) is atuibumhle to bodily ugury sickness disease or death, or to "ell yury to or destruction of uagnble pro Y (other than the Work itself) including the loss of ire resulting therefrom and (n) is caused in while or in pan by any neghgem act a ==an of CONTRACTOR, am Subcontractor all) Supplier any person or tnanuatton dvecll} or indirectly employed by mq of them to perform or famish anyy of the, Work a anyone for whose acts any odthem may be liable regardless of whether or not caused in pan by any negligence a omission of a person or arty indemnified hereunder or whether lability is imposed upon such mdcmmfied party by Laws and Regulauom regardless of the neeftence of any such person a enun 632 In ran) and all clams agamsa OWNER or FNGINCFR in arq of Cher respective consultants, agents, officers, directors or employees by am employer (or the survivor or ppecrsonal representative of such employee) of C ONTRACTOR any Subountmacu anv Suppha un) person or orgammoon direct} or mdrectlt employed by 17 MY d them to pertarn Of humph arty of the Work or aoyo! for whaso ace any of then may be liable the mdemmfiation obligation under paragraph631 shall not be limited in any way by any Iunndron on the amount a type of damages, comperssatum or beiufits payable by a to CONTRACTOR a ary such Subommider Suppler a other person or orpnizatmn under wakes' canprn��on acts, disability bewftt area m other employee = t acts. 633 The udlenmficagon obi lions of paragraph under paraph 631 ahalf rot exi.d to the habihty of ENOL14M and ENGMEER a Consultants, offctm. rhricitom employees or agemfs caused by the Iroiessamal rx$hgerdne, arras a omissuoas of any of them sanauat ofOuTeati nr. 614 All representations, mdemmfiagoa, wsrantres and gumailms made in, regmred by or Sim in accordance with the Contract Documents, as well as all armmumgg obltgatrons indicated in the Contract Doomrens, will stavwe final payment, completion and acceptance of the Work and termination or completion of the AWAcmaim ARTICI F 7--OTH672 WORK Rotated Wak at ae 71 OWNER may perform other work related to the Project at the site by OWNERS own forces, or la other duect commas therefor which shall contain (rememl Codmom similar to these, a have other work performed li} Mary owrifs. If the fed that such other wok is to be performed was rot noted in the Contract Doctacros, than n (n) written notice thereof will be given to CONTRACTOR prior to starorg any such other work and (ul COV1'RACTOR may make a claim therefot as provided in Articles d I aid 12 if COVIRA('TOR behev es that sachh performance will involve adkuaal expose to (ON] RACIOR a equira additional time and the parties me umable to agree as to the amount or extent thereof 72 ( ONI RACI OR shall afford each other contractor who is a party to such a direct contract and each utility owner (arid OWNER, if OWNER is perhrnmg the additional uork with OWNERS employees) proper and safe access to the site and a reasonable oppce�tunny tor flit introduction and storage of materials ad equipment and the execution of web other work and shall properly cameo and oo rdmint, the Work with theirs UnLe otho wcu. pruv)ded in One Contract Docouems, CONTRACTOR shall do all cutting Iran and patching of the Wak that true be mounted to make its several pans come together prorlv and ate te with wish other wok (O TRACTOR shall no endsn_ga any uok of other, by wgatg enavathrg or o0aerwse ahenng thezr work and will only cut or alter then work u ith the written consent of EbNGTNEER and the others whose work will be affected The domes and rcgn imlines of CONTRAM OR undo thus pamgiaph are ter the laphefit of such utility uuixn and ether amtmaerc to the extant that there are comparable 18 hXDC 0Ma'A` CONAIIONS 1910-811990 6diaea w ❑aY Or rORT 0011 IM MMIF1I ATION6 MI 4 4naa0) Provisions tot the benefit of 4,ONTRACIOR in and direct contracts between OWNER and such uuhty owners and other contractors 73 if the proper exccutxm car results of any pan of CONTRACTORS Wait depends upat work �mtamad by othea under this Art& 7 CONTRACTOR shall Aspect such other work and prampqv reeppoatt.. to RNGINEER in "tug any delays, defers a defictenrnes in such oil= wait that reader it unevttleble a unsuitable for the proper execution and results of CONTRACTOR'S Work CONTRACTORS failure so to repot will constitute an aomptance of such odor work as fit and {roper for integration with CONTRACTOWs Work except for Intent or nnnapparmt defects and deficiencies in such other work ( oardinan6a 74 If OWNER contracts with others for this performance of oil= work on the Project at the sue the fallowingwtil be ad forth in Supplanentary Conditions 7 4 1 the person, rum a coipo[ntion who will have authority and responsibility for coordination of the activities among the vanous prime contractors wtll be identified, 742 the Tactile matters to be covered by such RuderuyandreVQmbhtywdlbeitemimed and 743 the mean of such authority and responsibilities will be provided Imless otherwise provided in the Suppkmcrary Condigms, OWNER shall have sole authority and responabdnty in respect of $inch coordamgon. ARrI( I t 8—owiwwS mpOrrSlf u rn s 8 I hxcepl as otherwise provided in theso Gettaral Codivans OWNER shall Issue all cermo menoas to CONTRACTOR Ovnugh.ENr3INEER 82 In case of terra atlon of the emplovmom of I NGINUR OWNER shall appoint an e�near GPMwFhom-OOMRAC-TOR�-make no-reasoable-'o6Ja%tar, Moose sates under the Contract Documents shall be that of the loaner ENuINEER 93 OWNER 4wii furnish the data rqu red of OWNER under the Contact Documents promptly and shall make payments to ( ONTRACI OR promptly when tho are due as provided m par"phs 144 and 14 13 84 OWNCRs duties in respeet of providing lands and casements And providing ctguiming surwc to uNabhvh reference points are set forth m pampa 4 1 and 44 Pamgmph42 refers to OWARRs identifvmg and makutg ava)ahlc to CONTRACTOR copies of reports of explorauas and testa of subuufaw conditions at the site and drawings of phvscal codnions in "juing structures at or contiguous to the tote that have been ublued by ENGINEER in pteparmg the Contract Documents f b§5daoaagh3lA 86 OWNER as obi to execute Cdange (Irders as indicated inparagraph I 4 87 OWNERS respormbilrty in n.%w of cestam u Penton, teals and approvals u set forth in Paragraph 13 4 88 In connection with OWNERS right to stop A ork or scupemil Work, we 13 )0 and 151 Parograph 152 desk with, s right to terminate services of (ONfRAC-f OR under certain evemistances 89 1he OWNER &hall not supervise direct or have control or audioruy over nor be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of consauLtion or the safety precautirna and Programs madad thereto, or for are, failure of CONTRACTOR to comply with Laws and Regulations aplib able to the furutshmg or fonnahc. of the A ork OWNER will not be bit for CONrIRAt IORt failure to perform or furnish the Work in accordance with the Contract Documents x 19 - taspnnu bduy o respe ok"ad" rid -dosed RadhoaeweMeterrets-uncavansed or revealed at the site cs -te-metssfy O:vNi•,Rs r6dnym-resgeet-tAeraef-wtll-moots sd-forth-sir the Su1Jlalenuahahry�Ccadiaurns ARTICI E 9-ENGINEER S STATI S DIMLNC CONMLTCTION Og'NER&Repre intanm 91 ENGINEER will be OWNLRs reprewraauue doling the ansuuoaon period the u&ubm and regxmsMhues and the limitations of amlrmg of bNCifv-M as OWNF,Rs represcmatnve during c rstrudion are set forth in the Contract I)ccumenms and shop not be c sanded without wnten wrncnt of OWNER send FNGrNTFFR I cuts to Swe ') 2 EN(rINESR w ill make visits to the site at imervals apjr rate to the various stages of construction as ENGINEER dents necessary in order to observe as an experienced and qualified design professional the pro>gresa }.r6DC GJKWAAL WNDI ]IONS D198 r199e kdmml W(ITY01 FORT O(M I INm mminrsrlo6 swli lcwm) that has been made and the quality of the vanwu agxc of CONTRACTORS exewted Work Beaed m mformatam obtained during such vaft and ohsavations, ENGINEER will endeavor for the benefit of OWNER to okterxnmc, in general if the Work a proceeding in acetuditroe with the Contend Documents ENGINEER will not be required to make exhaustive a crnttmmus on - suit uusf9octlmrs to check the quality or ruhaamty of the Work ENGINEER'a efforts will be daectcd toward providing for OWNER a Waste degrao of cmfidence that the crmtpietell Work will conform gemmlly to the Contact Documenaa On the bests of welt skits and ors site obsetvohans, ENGIN'HPR will kee OWNER unformed of the pruipm of the Work and will anieevor to guard OWNER agmnmit defective Work ENGMhRs visits and on arc obscrvatlona are subject to all the bnniai ma on ENGINEERS authwrty and responsibility set forth in paragraph 9 13 and paRtarwithout belitatiorl. Offing or- as a result of ENO a onslte visas or observances of CONTRACTORS Work ENGINEER. will not supervise, drool, control or have authority over or be responsible for CONTRACTORS mcanw, methods nec9hnutuuec, sequences or pro odures of cohtsttudhmh, or the safety PrMiuuons and programs modem d ehdeto, or for any facture of CONTRACTOR to amply with Iam and Regulations applicable to 9x. furring orperformanea of the Work prged Represcnmizve 93 If OWNER. and ENGINEER. agree ENGINEER will furnish a Resident TIMM RiPteamitatwe to asnat ENGINEER m�a stdmg more conunuous observations of the Work The responlabilitim and authority and 4mitations thereat of my such Resident Project Rorra&e ative aril mirstaas will be as provided in paragtaphai d 913 laid in h, 9 pp C-.enilitaaets of thine General Ceind¢orlc II OWNER ores another pnae live or to reprreaent O at the site wltn e; WI ENGEdEF.Ra Carmultata, agent cr employee the resporsiNhtes and authority and limitations therear of such other porn rh wnR be as 921 -The XWesa i s s dealtu>¢s m matters p+ertuum to the on sea. work will mSeneml be wuh EN (C0M c tl>< RePecWtuatwe wild keep the OWNER properly adv_Ised about such matters _ Ilie Reprgaa to ives daalmes wntu subcnRamom will ode be thromh or with the M k.powled�ge t,ON1R4(,1DRend apoval c ore 9, 2 Dutxs annRwpumbillties, Reffmcn anve will 9321 Scbedutes Review the 19 9323 1 uls9on 9 12 31 5arve 9 FNOINERR'4 hotsml With CO>ti'TRer'TOR wr*h 1>n t_lh thr WI CONTRACTOR S mrpenntendent to a4plst. the CONTRACTOR m uidwstandim MIT - ':'t" .'1 43 gog in obis fran OWNER addlbanal ddads nr u$catnatron. when rMurea far Draw; of the work 93.233. Advme the ENQMER and rONTRACTOR of the cmlmemaoant of apy_ VIVork reau¢meL s —S4 Dmwuw or mule stibuilasion if the inburiolophm tilt hewnRji roved b, by the tZK INGER Work. Invaii�andLests uC.�&fes�lve 9-12 4 1 C.ondua o Emte ohaervauons of the Work m p oars to irrut the FNGIlv�FR in dctmnm tlmt the Wail uproseedm� in ACCW(��w1tt*dle .vfra'1l�aw^I& 03243 Acwr pang v fsrttrpg umpectom repfesemmc oubhc or other ASwna havrne Iunschep@I over the results of thM_ lsnwctrons nTA report_ to the 9325 Interpretation of Contract Docigmertm Reprrt to -ENGINEER when dantuirai sand_ interpretations of the f ontru3 __ UmRK _ � wnMnri kl f _ _ _ of the (',olrtmct T)orvmmts as Tssued bn re IIy&amER 93 h G hfiear s. Consider and evaluate C.c7hTR,ACTORS eGlons far 20 MIX Ci6N6'RAI, CONMOM 191" 11"0 b(nomo w CTTY OF FORT 00113N4 MOCNPICATIONS MF44 TWO) n� r �1 .' \ 1'11 ii 4} x 7 Records 2 itppmil 9,;,2.6.�_ Iuute�. 8._penaltc »I uaa 4Lit vttCOof the _ _ C,oafTOR'SS G4Spp11,2tleC. fsj% Slt4. RdVSbf.��Q mw scb ilw of slop Drawing tool 5<4nWe sobinittab 9 3 $ 2 Qmmk wAth k gzTx t in Adaryx at cherhtrh ham_ .near rusts ttm ggjons or start of onno 1 a o" otthe Work _ 43283_.,., Draft oropXued CharnRe Ordeag aroj Work Directive Charoge- obtilotog mid u10mo immihto FNt} C�hrnOM gv Orders, BOrk Duecdvs�halaeas arld Geld orders 93284 Re n unmedtatel to LNGAMER an OWNER the o xorp ru c of dt#Y.J4Jt�ia1 p 2 a Paymen! Rego �A 1ew a ItexnoCss fir pa�g-t wnl7_C,ONTR 4C T0,9fm aocQtpIIoncw wldl the asutbhshed _}ri'l 'Cdeiw yn �j (I %v mston and Lmuppl-wak taeommeni ion to 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 Rev 10/20/07 Section 00100 Page 2 'NGiNmaiM ]art atw o1 lhm kalmdtL.[�cNL��, k c Pr V WA nt dLinraod t the site t not Mn the Wg� — 93; 10 Completion. 9 4,1_0 1 13c[gr ENGINEER n^s_ a t to ONTRA O a tst of obaerr gems 210 mynpan% of tllo ENGINA33R OWNER and CONTRACTOR and pnge a foal hat of gems to be correrxaior aomdetta 93.2103 C">t_MMIS that all asms on the _£hind list have been_gg are red wpm leted and make recutnmendrttans m ENGGni ER caneemma acceftme 9 3 i Lmnwtum of AoNtonty Tha Relresertmhvc shall not 9331 Autharrtu any_devmuors from the Civact I)oca entc a &—yc as v substiM mMiaeds_9r.a� tutus null mml—bj the FN(Iliv_PER 9332 Isxceed lmrtoons of ENGf_fti41R3 11 asset for 933J anyof the r3 MmirmI& gpmmintmes �4NTSL+4 f �t �,aer,�^r�tt4 �3� 4 _ t�tte stti or Issue SlueFia?As.Tgjagya 9r ,HSS4gle p) o-@OX osN the means methocls wohnagues, sequences or tnRSLi111fes _f9T k9240 ptilas§ .lush_ 1;s sperm„ fgally call-0 for In the Coplram Documments 9335 Advnsc oq Issw., ktuta s Mitt" CX Mouf 01991 Qv& 70M prectiubons and pix)g mts in canneolippi wtm the q3„3 6 Accept Shop Draws or sampl, sir 1 Is_ from anvore calve ran gflit CONTRACTOR 9417 AuthonA 01kNTR to occupv ga. lhevk -whale or In art J 3 3 8 Nruclpute in specaaloxcd fi.ld or leb,M1,) nests o, utspeawrs conakwted h�orhers "uxpt as speufically authorized be th Nq FR- Clarilicahau and Inierpremaons 94 ENWNEER will issue with reasonable promptness such wane; cmnficahons or mter}retatinns of the ML)( 66,NLRAL COIOITIONS IA98 (199e Fasaan eatatT OF FORTMI I IMMMIM ATIONB(Ron 4210)) mgturamenls oh Or Contract Documents (in the form of Drawings or otherwae) as ENGINEER may determine necessary which shall be consistent with the Intent of and reasonably inferable from the Contract Documents Such written chara6mtams and vnuhremuons will be bindng on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clanfcaum or Interpttigabon Iush6es an adjustment in the Contract Pna or the Connect Tana and the parka are unable to agree to the amount or wama thereat If & OWNER or CONTRACTOR may make a written damn therefor as provided in Article I I or Article 12, Aathaued Visnaaons to Wort 95 ENGM13R may aummnze minor variations in die Wok from the requirements of the Calumet Docvmerra which do not rmolve an adjustment in the Contact Prix or the Contact Tuna and are compatible with the design concept of the completed Prqcct as a functioning whole as indicated by the Contract Documents I hese may be aaomplishad by a Field Order and will be binding on OWNER and also on (Y)NTRACTOR who stall perform the Work Involved romptly If OWNER cr CONTRACTOR beleves that Fold Orderjusufes an adjustment to the Contract price or the Contract 1 imes and the pans are cable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim thcrefar es provided in Article I I a 12 Rejecting Defea dve Wart 96 MANI ER will have authority to dtsappme or reject Work which ENGINEER believes to be defective or that ENGINEER believes will not produce a completed Project elm confaams to the Contract Docurtra is or that will prejudice the integrity of the design concept of the completed Project as a funcnmmng whole as indicated by the Contract Documents. ENGINEER will also demo authority to require special Inspection or testing of the Yl cvk as provided in paragraph 139 whether or not des Work Is mbncated ustolled or conpleted. Shop Drawing; Chaage (hdkrs and Payments 97 In convection with ENGINEERS authordy as to Shop DrawuV sad Samples, see paragraphs 6 24 through 6 28 mclusn e "I, In uonnecRtun with EN(YMFR% authont) as to Ulange Orders, sin Articles 10 11 and 12 99 In connection with ENGINEERS authan t} as to Applications for payment see Article W Determination for Unit Piers. v ]0 h\(,WEER will ddomaic the actual aptuathca and clacufiaauos of una Price Work performed by CONTRACTOR ENGINEER will review with r ON7 RACTOR the fNG1N1:IRIN preliminary determinations on such matters before remicrutk a written da,nsaon thereon (by recommendation of an Application 11 Ca paymentor od"M) ENGINELRs written dwslon theracm will be anal and boding upon OWNER and CONTRACTOR, unless, wahm ten days after de date of arty such dectsen either OWNER or CONTRACTOR Mtveaa to the other and to ENGINEER wnttm meaice of mmemon to appm t from ENGINEERS diction and ¢i an aPpoel from ENGINE£ilia season is taken widtm the iota limits and m aaondaitce with the procedures set forth m Exhilat GC -A, DreeppuuR Resolution Agreement rntered into between OWNEK end CONTRACTOR punsuent to Arhde 16 a (n) if nit atilt Dispme Rewluuom Agreement has been mtt red irito, a fame] ptuceakng as utwumtcd hY the appealmm�1gg party rn a faint of mmPetem unsdictmn to exemne aichrigltts a remedies as tlx appealing pony ma} �ot}�wtae �p q m writing by OWNER tin CONfRACTa Such appeal rein ba subject to the procedures of paragraph 91 I Dedsiaw oa Dit9w a. 911 IMANEER will be the instud interpreter of the regmremrnts of the Contract Ikeumrnts aril judge of die acoepdebdriy ottee Work therouitder Clauns, dispiutes anal cilia matters relyMg w 0x aoxA:ptabil1 of the Wak a a mtarpremuon (�t' the, ruyumemenrs of the C.untma Documentspertenmtg mthe performance and Cumuhvig of the Wak and aeims under Aruclos 11 and 12 m reppect of dianges m the Catma Pace a Conheor Tunes will be rcferm j nuhaltfr m FNGtATEER m wntat$ with a regtud lea" farmed moo m accedence with thus paragon Winter, Mr. of each such clam dispute a (xher mar will h, delivered by the claimant m E OINPER and the other ppaarty to tux Agrcement promptly (hot in no event inter than thirty days3 after the start of the occurrence a event giving rise thereto, and written supppt� data will be submitted to ENGINEER and fix other paay within sixty days B&r the start of such occurrence or event unless ENGINEER allows an additional period of time for the Submission of addrnmal or more accurate data in support of such clean dispute a niter mattes Theo Pent shall suMmt any resposse m ENGINEER an(� the {ntmant within ditty days aher receipt of the clammms last W,lmttml leadesa ENGINEER allows add uiaal umc) INGINEER will rmda a Corntel decision m witting within dimy days aria receipt (sCde °PPoung party's sulxnihal iC anv m aoverI earth this paragraph ENGINEERS wnaen decisoioh claim dispute or other matter w 'It lie final axl bupon OWNER and CONTR4CTOR unless (q an horn Eh iEEl.s deasiai is taken wNrm the time Itmas and m xecordance with the CIxrocodWes set forth in MHM11 OC k Dispute Restimxm ragreeinam entered mho lxtwwn OWNER and CONTRACTOR purswim to Anacle 16 a (it) if no such t7ispute Resolution Agreement has been entered mot, a written notice of intention to appeal from E?dGINEERs written decision its delivered his OWNI R or CONTRACTOR to the otter and to LN(,NEhR within tarty, days outer the dais of such dectim and a formal Iromedint, is insttuted by the appealing puny in a forum of comPetem jaiadtosm to exeroose such rights or remedies as the appealing party may have with Test to such claim di to a other matter m xcccxdlaim with applicabe Laws an Regulanms wmhm siM} days of the date of such 22 hx)X(FNFaAI COtiWIlOPA t9tUtl ll PYeh6aam w CITY O/ FCMT(YHJ,IM at(tm ICAT[OM MIA 4"OWI decision, miles otherwise agreed in writing by OWNER and CONTRACf OR 912 When f nichonmg as imer�x eta and judge under paragraphs 910 and 911 ENGEtvM will nor dim pataltty to OWNER or CONTRACTOR arcl wd1 not be Imble in connection with city interpretation or dectsori rendered in good filth m such capacity The rendering of a decision by ENGINEER ptasmm to paingmphs 9 10 or 9 11 with respect to suah clean, rhspuoa a other matte (except arty whiaMh ve been wanedby the making or of final payment w provided an Pam 1415) will he a mmLhon precedent to any exercise by OWNER or CONTRACTORof f such rights or remedies as ether rimy otherwise have under the Contract Documents or by Laws or Regulations in respect of any sucholaim dtsputemothamettapurmentto Atuele a4. 911 LanYirfiona oa EWNEElia AuMority sad ReapoaddlMa 9111 Nether ENGINSERs authority a responaubilt under thus Article 9 or under arty other pinwison of the Co mmot Ekeumems nor any deasxm made by ENGINEER in good faith adner to e[ercisc or not exercise MLh million or responsibility or the urctatakrtig, exercise or paf me: of any authority a respo mhdny by ENGINEER shall create, impose a�v e rise to any ditty owed by ENGINEER to (A) RACIOR, any Subcontractor Any Supptia my other person or agamretion, or, to any surety fa a employee a agent of any of them 9132 ENGINEER will not supervise direct control or have authority over or be respvmbte for CONTRACTORS mesas, methods, tecMtques, sequences or procedures of oatsuuctict or due saki} praoutio t and programs modem thereto a for arty failure of CONTRACTOR to amply with Laws and Regulations applicable to the lhrmshing or Performance of the Work ENGINEER will nor be respouable fm CONTRACTOR's failure to perform of funush the Work at accordance with the Contract Documents 9 13 3 FNGINFFR will not be mywnvble for the acts a omissions of CONTRACTOR or of any Subo ilmoo mmyy Supplier or of any other person a organizehon P=mg or famishing an} of th, W ork 9134 ENGINEERs mww of the final Application fin Payment and aixoanpanymt, dewurrasna on and all maintenance aid operaWtirii�g instructions, sebeduies, gumantees, Bails anti cenifiemes of irspecticm, tests and approvals and oiler documentation revered to bL delivered by paragraph 1412 will only he to determine generally that their comem complies with the requarntents oL and in the case oil certihdates of mspCtions test, and approvals that the results colified ini icak mmpltance with the Contact Documents, 9135 The limitations upon outhramy and respmmbihty tit forth in this paragraph 913 shall also apply to EWINERRs Consultants, Resident Protect Representative and assistants ARTI( LE 10--CHANCES IN THE WORK 101 Witham MalidMda: Agreement and without ounce to any surety O may at any time m from tune to nine, order atkhtrons, deletions or revisratis in the Wort. Such additions, deldrms or revisions will be Authorized by a Written Amendment a Chanp Order o a Wok Change Directive l7 any pot receipt of a such dactm,ent, CONTRACTOR shall prma Iy proceed with the Work involved which will be par Armed under dx applicable conlihtiats of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the (, onuact Pnceor an adjustment of the Contract Tines that should be allowed as a result of a Wait Charge Duactive a claim may be made therefor m provided in Article 11 or Article 12 103 COtiTRACI OR shall not he entitled tow inerensc in the ('ontract Price Oran extension of the Contract Tunes with respect to any Weak performed that a no Irapuued by the Contract documents es amended, moified and Ianam*d as provided in paragraphs 35 and 36 except a case Of tin emergency as provided in pampaph 6 23 or in the rase of unoovermg Work as provided in pwnograph 13 9 104 OWNER and CONTRACTOR "it execute aplxoprate Charge Orders recommended by ENGINEER (or Written Amendments) covertrm 1041 dumps in the Work wind[ are (1) ordered by OWNER pursuant to paragraph I01 (a) required because of aaxj>tonce of doftetive Wcxk under paragraph 1313 ea correcting defechm Work under paragraph 13 14 or (n) agrml to by the ponies 1042 clime$ in the Contract PUCe or (entroct I Area which are agreed to by the parties and 10 4 3 changes in the Contract Price or Contract 1 Ames which emhah tin(. substance of Arty written decision rendered by ENGMER pursuant to paragraph 9 11 pot Aded that in two of executrni, any such (,harge Order an appeal may be taken from env such decision in accorrdetxe with the provisions of the Contract 1)aeuinrnry and applicable Laws aid Regulation, be, durnpt any such appeal CONTRACTOR shall on tlx Work and adhere for the progrew schedue as provided in paragraph b 2) 105 if ratio of airy dung al%qug the gmeml scupc of the Work ur the provislnre of the Contract Docirmenas EJ(,1)pOF-1*AAb (,Q1oX JtOts 1910E (1999 EdumJ wi(TTY tit FORTH t INS MMIFt CAnomoul 42", (including but not limited to (.artract Price or Corwacf Tunes) At reWu-d by the pmvatons of airy Band to be ggirven toe the gwa4) of any such Active will be CONTRACTO s responsibility and the amount of each applicable Bond wall be adjusted Accordingly ART ICIX 11 CHANGE OF CONTRACT PRICE 111 Ilia (Ontmet Price wnstmaes the total campcnsaion (subject to outhanaed adlustmem) payable to CONTRACTOR for performing the Work All duties, responsibilities and cle, twin assgtied to or undertaken by CONTRACTOR spell be m OMMOnICTOR a expanse without Barge in the contract Price 112 1 he Contract Price may only be charged by a Chango Order AT by a Written Amendment, Any clam for an adjustment in the Contract Prey shall be baud on wnmrat not= dolwered by the party making the clam to the other party and to ENGINEER promptly (but in no event later than thirty days) after the clan of the occurrence or event giving nsc to the claim and muting the geneml wrote of the clan Notice of flit amourm of the claim with aipprxurg data shall be delivered wahm sots days after the snort of suuh O"Wrerae or esent (unless FNGINEER allows additional time for clamant to whout additional a more auumte data in support of the clan) and shill N nanpaoxd by claimants wrinen statement that the adjustment claimed covers all known amounts to which the claimant As entitled as a remit of sad occutrenu or event ,all deans for adjustment in the Contract Price shall be detenined INGINUR in noculanca with pmagmph911 AP OWNER and CONTRACI OR cannot otherwise agree at the amount (mohed No e1aIm for an adjustment in the ( (amact Price will be valid if net sulanmed in aanrdamt with Bus paragraph It 2 113 Ile value o1 ans Work covered try a Chanbc Order or cif am charm for an adjustment in the Contract Bice will be detcnnued As follows 11 3 1 where the Work involved s (ovared by unit Move oamaned m the Contract Documents be upplieation of such unit prices to the quantities of the items evolved (subject to the provisions of 2t paragraphs 1191 through I1 93 inclusive) I1 32 where the Work involved a net covered by rant pnms contained in the Contract Documents by a mutually Wood payment bass, inhaling lump sum (which may utciude an allowance for overhead and profit not necessarily in sectati ne, with paragraph 116 2), I 1 3 3 where the Work involved is not d crod by cut {sees axaamod in the Conrad Ihhcuments and agreement to a lump sun is not reached under }+aragrnph 113 2 on the basis of the Cast of the Wait (determined as provided in paragnphs It o and 11 5) plus a COM RACTORa fee fee warhead and profit (determmed as provided in paragraph 11 6) Coo afrke Work 114 1 he term ( oat of flu Work means the sum of MI costs necessarily incurred aid pad by CONTRACTOR in the proper performance of the Work Except as othemise may be agreed to in wring by OWNEk such costs shell be in amounts no how than thou Irminhng in the locality of the Project, shalt include Only the following items dnd stall not include any of the costs remind in paragraph 1 15 It 4 1 Paroll costs for employees in the direct anploy of CONTRA( fOR in the performanc, of the Weak under schedules of job cleesu6mndns agreed kq OWNER and CONTRACTOR Such employees shall include wrthout limitation suPunntendents, foremen and other personnel employed Mum at the site Payroll costs for employees not employed 1h114ane on the Work shall be apportioned on the basis of them time spent roar the Week Payroll costs shall be limited to salares and wages plus the coal of fringe hene6ts which shall include social security cainhb tto ms, unemplovment excise and payroll faxes, workers compensation, health and-retxemem benefits-beattaes, sek-kawe-vaeat+eapnr applicable thereto the ..games of performing t or after regular working howl, on Saturday Sunday or legal holidays, drill be included in the above to the extent autfonmd by OWNIER I 1 4 2 COO of all materials and equient fiamsled and incorporated in die Work, mcludp�mnarg costs of tmngronanon and sunabe thereof and Suppliers field services rrywred in contraction therewith All cash disamns dell accrue. to CONTRACTOR tick. OW NFR derits funds with CONTRACTOR with which it) make payments, in which case. the cish dhscountS Shell Mice to OWNER All toad, dlsccnmts rebates and refunds anf returns from rile of surplus materials and equipment shall accrue to OWNER and CONI RACTOR "I make proasro ns u) that they may be obtained 11 4 1)avments made by CON 1 RA( 1 OR to the Subcontractors for Work perfomred a furnished by Subcnntrnacv 11 requved by OW4FR 24 br(.D((rtN6RAtfOh1.81tOFk.lAhe-a Ii990hdaan w On 01 FdMh 47011 Ties MM11 TCArr M Gil V i 20m) CONTRACTOR shall obtain competitive bids train Subcontractors acceptable to OWNER and CONTRACTOR and "If deliver such buds to OWNER. who will that determine with de advice of ENGINEFk which bads, if any will be accepted. If any subcontract provhdas that the Subcontractor Is to be pad on the basis of Cost of the Work pplus a fee, the SubrntWmctai's Cost of the Work grid fee doll be determined in the same manner as CONTRACTORs Cost of the Work find fee as ��zz�a�ded m subcontracts ashall be114 isult 116 and 11 7 All ,lest to the ether able win of the Contract Documents Insofar as applicable 1144 Costs of special consultants (mchhdmg but not Insured to angstroms, rmbireets, abaimores, surveyors, attorneys and mccudants Worpoyed fa services sPecrficaR) related to the 1145 Supplemental casts inludmg the following 11431 Tix propmurin of necessary transportation, travel and mbarstence expanses of CONTRACTORS employees tneurrcd in discharge of dupes connected a dh the Work 11452 Cast, including transportation and marmemn ee of a6 materials, supphes equgpmem, mach ery appliances, office and temporary facilities at the into and hand tools not awned by the workers which arc consumed mile performance of the Work and cost Ines market value of such items used but rot consumed which ran = the Property of CONTRACTOR 11453 Rentals of all construction equipment and machinery and the parts thereof whether reined hour CONTRACTOR a others in accordance with resuat agreemems approved by OWNER with the advice of EN(afNbbR and the costs of Irmspunalimt, loading unlcedjoit, Instalation draimodmg and removal thereot-all in accordance with firms of sad retrial agreements The recital of any such equipment machinery ery or Parts shaft cease %hen the use thereof is no longer necessary for the Work 11454 Saks, consumer use, or sundar mses related to the Work and for whidi CONTRACTOR u liable imposed by Laws mad Regulations 11455 DepcSls Idxit fw cause, oiler than teellmice of (ONTRAC I OR am Subcontractor or anyone dtracly or mdutcil) employed by any of them or for whose acts an) of than may be lmbk and royalty paymcros and lees for permits and hcenus 1145C, Losses and damages (and related expenses) caused by damage to the Work not cunpermatcd by uuurance or caberiv,c sustained hw ( ONTRAC rOR in cormecudm with the ppeerrfoance and funushmi; of the Work (except !rasrmes and damages wrtlun the deductible amounts property insurance, established. by OWNER m t�nce pamagraph501 provided they have resultal Gum causes other than the ne�twire of CONTRACTOR, my Su der or anyone dnecfly or mduedf} employed by any of than or for whom acts any of than may lic Imble Such leases shall include settlements made with the written consent and approval of OWNER No such losism damages and expanses shall be included in the Cost of the Wok for the purpose of detarnmmg CONTRACTOR'S fce It however nary such toss or damage requires tenornwniatnon and CONTRACTOR is placed in charge thermt CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 116 2 11457 The coin of mnhacs, W and samtan facilities at the site 1 t 4 5 S Mma expenses such as telegram% lag distance telephone calls, telephone avice at the srte, expressaggee and mmilar petty cash items in cimnemion with tlnc Work 11459 Cast of premiums for additional Bonds and assurance required because of changes in the Wok 115 The am Cost of the Wak stall trot include any of the following 1151 payroll its acid other compensation of CONTRACTQRs of6oess, executives, principals (of Partnership and sole proprietorships), general managers a6rueas, ardutwK esumatom attorneys, auditors, accountpurchasing ants, and contracting agems. eepiers, clerks and other persamcl employed by C ONTRAU OR whether at the site or in CONTRACTORS puralsil a a branch office for general adi mnstrat on of the Work and not spewfmll included in the agreed upon schedule of loll classification related to in paragraph ll 4 1 a speafically Covered byy paragraph 114 4 All of which arc to be considered admmwatuo rams covered by the CON 1 RAM OR s fee I I 5 2 Expenses of CONTRACTORS princrpat aid branch offices other than CONTRA( TORS office at the site It 53 Anv pan of CONTRACTORS capital expanses, including interest on (ON TRA( TORS capital employed fa if. Work and %hinge% uganst (ON I RA( l OR for delinquent Payments 11 %4 Cost of premiums for all Bunk and for all meimme whether or Cox CONTRACTOR m required by the Contract Documents to rdm sse and mama in same (except fm the cost ot�prenou"S etwaed Is subparagraph 114 5 9 above) k.JCI)C O&M}]tA1. CONDI110M 191e4 099Q WI,Uo w (TTY OP teat OJit"W"M 4TION%(RIN I elan It 5 5 Costs due to the neglgenea of CONTRACTOR, airy Subc nuador a atyoic directly or indirectly employed by eiy of them or for whose ads my of them may be babe, including but out loaded to flue correction of defect" Wok, 1 of materials a equipment wrongly supplied s maki g good any damage to property 11—5 Other mahead or general expense costs of any kid and the costs of any item not spcoifm% mid e,gnvly included mparagraph 114 116 The CONTRACTOR% fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 1161 a mutually scioeptable fixed fee or 11 62 if a hxed ke is not agreed upon, then a fee baud on the follow percentages of the various portions of the Cost off Wool. 11621 for mats mi,urred under pa�rnpplu 1141 and 1142 the CQNTI2ACTOR s fee shall be fifteen percent, 11622 for costs incurred muter paragraph 114 3 the CONTRACTORs fee shall be five percent 11623 where one a more nos of subcontracts; are an the basis of Cast of the Work plus a fee and no fixed fee n% agreed upon, the mtad of paragraphs 11 41 11 4 2 11 A 3 and 11 62 is that the Subcontractor who actually performs or fiansbes the Work at whatever tier will be paid a fee of Allow percent of the was marred by such Subcontractor under paragraphs 1141 and 1 l 4 2 and tbm arty In each be tier Suboamacta and CONTRACTOR will pondafee-ofTwe pewmt eB rke-a ilk-fwrdso the rem-lowcrfKrSubeewr m. b.�,p,.tg�. aC i14Q9fbllsfMVilhe—W ,&Imt31Q1.SA3dS4> .d pampercent of the amotuu Heal to tFLa r art lower il�r �>>£&rilfaais 11 624 no fee shell be payable on the bass of costs itemized under paragraphs 114 4 114 5 and 11 5 11625 the amours of acdit to b4 allowed by CONTRACTOR to OWNER for any cFmn�e which results in a net decrease in cost will be the mount of the actual net decrease in cast plus a deduction in ( ON I RAC TOR s lire by an amount equal to five pacem of such net decreaw and 1 1 6 2 6 when both addmons and oredta are involved in innp one ��"o the adjustment in & fee shall he computed on the bass of the net change in accordance with pamgrapha 11 6 ^_ 1 through I l o 2% inclusive 117 Whenever the coa of atiy Work is to he 25 d eti mmaed puratmit to paragraphs 114 and 115 CONTRACTOR will establish and maintain records thereof in accordance with generally eccetried aacoummg practices and sutand inform anxptable to GINEER an rtea iczed cost breakdown together with supporting data Carp Allmumm 118 It or understood. that CONTRACTOR has included in the Contract Price all allowances an tamed in the Contract Documents and shall arise the Work e) covered to be ffrmslted and performed fir such sums as may be acapsibleto OWNER and ENGINEFR CONIRACTOR agrees that 1181 the allowances include the cast to CONTRACTOR (ass any applicable tank discounts) of materials and cqugmmm refloated by the allowances to be delivered at tdhxe site, and all applicable taxes and 11 82 CONTRACTORS cans for unloading and handling on the sne labor iremllation casts, overhead, profit and outer expanses contemplated for the allowances have been included in the Camas price and not in the alewmnces and no demand for additional payment on account of any of the foregoing will be valid Prior to Kral payment an a roropp at Change Order will be issued as recommended by�;NOMER to reflect actual mnwnts due CONI RACTOR on account of Work covered by allowances, and the Contract Pnce stall he correspondingly adjusted 119 UnitPnce Work. 1191 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices fa each separately identified aem of Unit Prior Work tam the estimated quarrdh of each item as indicated in the Agreement 7 he mumated quantities of items of Unit Price Work we not guaranteed and arc solely fiir trio purpose of c mnpansam of Rids and determining an initial Contract Price Muramrauans of the actual quantities and classifications of Unit Price Work performed In CONTRACTOR will be mad, by ENGINEER in accordaiwe with paragraph 9 10 I1 92 Each unit pnot will be deemed to include un mown aconsula: by ( CNQTRACTOR w be a&quatc to cover CONTRACTOWs overfic d and profit her each separately identified item It 9 a OWNER m (ON I RA(TOR may make a dean Ta an adjustment in the Contract Pnw in accordance with Uncle I if 11931 the quantity of any item of Unit Pnd,e Week Iwd,( tcd by ()OVfRACTOR dyers ms1cnal y and significantly from the estimated quantity of such new mdimted in the Agreement 26 bJCDO(3FNWAL WN217)OM 1910.81199e&Mw ) -On Of f MTdTatMMMatCAjjOMfR1Y IPaaW) and 11932 there is no correspondutg edjusimrnt with respect to any other rem of Work and 11933 if CONTRACTOR believes that CONTRACTOR as entitled to an increase in Contract price as a resuk of having m ourred additional expense or OWNER believes that OWNER is enlaled to a decrease in Contract Price and the perum are unable to agree as to the amount of any such uxrease or decrease 11934 CONIRA{"TOR admowled¢m that the OWNER has the right to add or delete ntemrj m tm Bit or chance TAIttim at OWNERS We disvrMxn wlfhout eliatum $w Cnitroat Price oC 31W Fei4arrti ..li41n so i531g..145_the_ildoicjn a addition s not exceed twenty five rincent of the oglnal total Contract prate ARTICLE 12 (RANGE OFCONTRACT TIMES 121 1 he Contract i imm (a Milestone{) may only be changed by a Change Order or a Written Amendment Any clan for an ad ustmenth t of the Contract Timm (or bhlestones) shall be on written notice delivered by the party making the claim to the other party and to MUINHER promptly (but in no event later than tom ty days) after the occurrence of the event giving rise to the them and dating the general nature of the clean Notice of the extent of the clam with supporting data shaft be delivered within sorry days ai@er such occurrence (udme F NOINEER allows a 1 time to ascertmn more accurate data m support of the clean) and shall be accompanied by the clamnaers written statement that the adjustment claimed is the enure adjustment to which the ch u mant has reason to behave it is emitted as a result of the ocartenee of scud event All claims fa adjustment in the Contract Tdmm (or Milestones) shall be detmntuesi bi ENGINEER in accordance with parag r ph 91l if OWNER and CONTRACTOR cannot otherwise agree No clam for an adjustment in the ( envious 1 imm (or Milestones) wdll be valid if not submitted in accordance with the requnamerm of this pmagaph 12 1 122 AN lure limits stated in die Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented Cmm crompdelug env pan of the S4ork within the Contract I rues for Milestones) due m delay beyond the i,omml of CONTRACTOR, fix Concoct Tines (or Mdestonm) will he extamded in in amount equal to time lost due to such delev if a claim is made thaclix as prownkd in M121 Delays txyond the control of CONTRACTOR shall include but n t he 1lmaed to acts or rwglect by OWNER acts or raglen of uuhty owners or other oxxttradstss performing other oak as contemplated by Article 7 firm, floods, cpidano s, abnormal weather co ilitirm5 or acts of Cod Delis attributable to end wntun the control of a Subccnbactor or Supplier atoll be deemed to be delays within the control ofCONfRACPOR 124 Where CONTRACTOR is prevented Cram complalini; any part of the Work within the Contract Times (a Milestones) due to delay beymd the central of bah OWNER and CONTRACTOR an extension of do Contract Times (or Milesto�n ees)) in an amount equal to the time lost die to such delay call be CONTRACTOWs sale and exclusive remedy for such delay In no event stall OWNER be labk to CONTRACTOR, any Subcmtmcta any Supplier any other person or aganrsatton, a to on} surety for a employee or eeg�emt of an of them to damages imam; out of o resulting from (d) delays caused by or within the central of tie CONTRACTOR, a (a) delays beyond the control of both parties mcludmg but riot limited to fires, floods, epidemics, abnormal weather condmons, acts of God or acts a neglem by utility owners or other contractors perlammg other week as contanplaed by Article 7 ARTICLE 13-TLWS AND INSPhCTIONS CORRECTION, REMOVAL OR ACCMANCE OF DEFFCTIIE WORK 131 Nonee of Defect prompt notice of ail dlbeti a Wait of which OWNER a ENGINEER have actual knowledge will be given to CONTRACTOR All defective W ort, may be rep. wj, careered a accepted as prmKW in this Article 13 Access to Work 132 OWNER I:iVGINECR, INGINEF,Rs Caaukats, other repsesmtanves and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to thew ok or reasonable-tnmea fa their olismahon, inspecting and testnts CONTRACTOR stall provide them pr and snm fe adtions for such seems and advise them of CONTRACTORS s=e safety procedures and programs so that they may comply therewith as applicable 7estsandlnspections 113 (ONTRA(-TOR shall give ENUINXER toady nonce of readmess of the Work for all required inspccticns tests or approaI4 mid shall cooperate with rapeaaa and testing pnrsasett to faultaic required inspections or wstsc 1I4 OWNFR shall employ and pay to the, wrnces or an mdep-ndem testing laboratory to perfom all mspcctisrxs, teas, of approv its required lry the ( ontu Documents except 1141 for mspechona, ie*t or appros eels covered b% paragraph 13 s below 134,2 [but cats incurred in connection with tests Or Inspection conducted pursuant to pamgmph 119 MIX 4h dAiN, COhUIT10Na 1 JIgB (I a9U bdatuu at(CITYOI r(mTMIMM(xJnn ATiO* (ati12map below shall be paid as provided m said paragraph 13 4 and 1343 as otherwise specifically provided in the Contract Documents, 135 If Laws a Regulations of any ppuubhc body having Imadictatr require any Work (a part tareof) specifically to be inspected, tested or approved by an employee or other representative of such public body CONTRACTOR doll assume full responghbty fa Arranging and obmamg such mapectums tab or approvals, pay all cats in catiwumm therewith, and famish FING1NFER the required certificates of inspection, or approval CONTRACTOR shag also be responsible for tg and obtaining and shall pay all aata in unmeant rth any uspoebons, tests a approvals required lot OWNER. and IMANEER's accgMnrtce, of materials a equipment to be incorporated in the Work or of materials, minx designs, Went submitted fa approval print to T TORS purchase thereof fa mcorpomtan in the Wort, 136 bf any Wok (o to work of others) that is to be inspected tasted or approved is covered bt CONTRACTOR without written co ctarence of 13NG1NLER, it must if requestcd by EN(,IN%LR he uncovered for observation. 137 LJnwveni� Work as expense, unless in paragraph 13 6 shall be at COA*fRAC70Rs expense, (ONTRACTOR his given ENGINEER tmely roam of CONTRACTORs intention to cover the same and LNUNMR has no acted with reasonable promptness in response to such nonce (acovmnq Work 138 If an yy Work is covered contrary to the written request of ENGLNE R. a must, it requested bs LNGLNELR be uncovered for ENGLNEL.Rs observation and replaced at CONTRACTORS expense 130 if ENGINEER cmmdars n necesmiry or advimblc that covered Woik be observed by ENGINEER ot wMacted or tested hq others, CONTRACTOR at ENGINEERS request, shall uncover expose or otherwise make available for osbservabom, napsecuotr or esmnnr. as 23 GLJCER may mitre that puritan of of the Wed, in and ooquuipm rot If isfalmd that suididabor 'Aok isa material CONTRACTOR shall pay all clauns, cost, losses and damagus caused Is, among cut of or resulting from such uncovering, exposure observation inspection aid tesunt, and of sans story replacement or rec(mstrumm (mdudmi. but wit ]=tied to all sm b of repair o replacement of work of others) and OVVNI R shall bs e nbded to an appropriate decrease in the Contract Prwe and if the parties me unable to agree as to tee, am(xen thereof may make a clam therefor as provided in Article 11 If however such W ok is rut found to be akkctne (0,TRACTOR shalt be allmod an increase in the Contract Price or an extension of the Contract I uses nor Nhleatotes) or MK dneety attributable to such 17 uncovering ciposom observation. in tun testing replacement and rammrucnon, and tf the partm are unable o eepgmeee a; to the amours or extau thereof CONERIAC1 R may make a claim therefor as provided in Articles I I and 12 OWNER May Srop the Won* 13 10 If the Work its o#fechve or CONTRACTOR fails to supply sulhcud skilled workers in suitable materials or equipment, or &is to furnish or perform the Work in such a way that the aampleted Work will anil'«m to the Contract Dm umisrs, OWNER may order CONTRACTOR to stop the Work or any portion therect mad the cause for such order has been eliminated however this right of OWNER to r0o1VNER pp the Work shill not give roes to any duty on the part of to exercise that right for the teriefit of CONTRACT OR or any surety or other party r arsewlmn or, Removal of Defective Work 13 11 If required by ENGINEER CON rRACTOR shall promptly as dired5ed mt er correct all defecate Work, whether or not fabricated, installed or completed, or if the Work has been rejected by ENGINEER, remove it from die site and re ce a with Work that is not &fective (.ON] OR shall pay all clans, coats, losses and damages caused by or reading from such cotrecum a removal (including but not lunrtal to all costs of repair or replacement of work of ottms) 13 22 Correction Pend 13121 If within one-year after the date of Substantial Completion or such longer petal of tune as may be prsscul ed by Laws or Regulations or by the terns of atapplicable special guommee required by the Contact Documents or by any speeifc provision of the Civitract Documents, any Work its found to be deform a CONTRACTOR shift prompt without am to OWNER and inacc accordance with OWNER s written instructions (1) correct such defwhw Work or if it has been rejeoed by OWvhR remove it trom the site and replace it with Work that is not defective and (it) sansfactordy correct or remove and replace env damage to char Work or the work of others resuhlng therefrom If CONTRACTOR does not pmmpdv comply with the terms of such instructions, or in an emergency where delay would cause seraws risk of Icy a damage OWNLR may have the dafschve Work corrected or this rejected Work removed and replaced and all claims, ants, lames and damages caused b� or resulting tram such removal anti replecen,em (ua.ludmg but not hmited to ell costs of repair or rTlacenen( of work of others) will be paid by (ONTRACI OR 13 P In specal orcmnstanau where a parucular 'km of equipment s placed in continuous service before Substantial Completion of all the World, the correction penal for that neon met scan to run Grim an earher date if sir provided in the Specafrcatiorn or by W ntten Amendment 13 12 3 Where defe der Work (and damage to other 2& WCOG(*WKA4 COM ROM 1919,8 RW bNnait w a iY ()r p(MTM111Na MM11 I('ATnONS ffiW J 20aa) Work reaulung therahkom) has been oonectod removed or tep cad under that pamgraph 13 12 the arrection period hereunder with respect will be extended for an additional period of lane-yaer two rears after such carectton or rsmoval and replacement pits been satsiectonly competed Accepmnce ofDefecbve Wor* 13 13 If matead of requiring correction or rmrovd and replacement of defedne Wmk OWNER (and, prmr m ENGINaR's recommendation of foal paymem, also ENGINEER) etsrs to accept it OWNER may do so CONTRACI'l R shall pay all claims, rnas, losses end damages attributable to OWNERS evaluation of and deurintnaron to a ppitt such dafacave Work (such costs to be approved by ENaINF.Eft. as to rsnso»mbleness) If" such acceptance occurs pne, to 13NGINEERs recce merdauon of foal payment, a Change Order will be timid mcapomtntg the necessary revisions in the Contract Documents with respect to tit Wmk and OWNER shall be entitled to an appropriate deamew in dine (aram,,t Rice and, if the p�arrta are unable to agree as to the amount thereof OWNER may make a claret therefor as provided in Article I I If the acceptance occurs after each recommendation ar opprnt oprmie smouwilt be paid by CON1 RAC-1 OR to OWnnw O"'ERMai CortmODof'eebvs War* 13 W If GONT RACTOR fails within a raisoable time after written notice from EN.GRdEER to urrect defathaw Work or to remove and replace rejected Work as mquved by ENGINEER in accordance with paragraph 13 It m rf CONTRACTOR fads to perform the Wok in avoidance with the Contact Doaume tu. or of CONTRACTOR fats to comply with any other provision of the Contiart Documents, OWNER may after seven daye written notice to ( ONT RACTOR, correct and remedy any such defuianq In owe," the rights and ro meduri under this paragraph OXkWbR shall proceed exmoa pedsl In connection with such corrective and remedial action, OWNER may exclude C ONTRACI OR Imm all a part of the site, take possession of all a part of the W or and suspend CONTRACTORS services rotated thereto take possession of CONTRA( IORt, lams, applxoceq construction equipment and machinery at the site urd nncrporate in the Work all materials and equTmem stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR "It allow OWNER OWNER, representatives agents and omployam OW'NhRs other contractors and rNGiNCFR and FNGMFR% Cbnsulants amm to the site to sable OWNER to ormame the ngW amp mmedras urKkT tha pemgaph All clauas, costs, Imses and damages maimed a,ussiM d b5 OWNER in exereims�g such rights am] remedios wdl be charged agayst CONfRACTOR and a Clu gc Order will be issued uucrorpumtug the neossary revieoat m this Contract Docianents with respect to the Work and OWNER shalt be entitled to an appropriate decrease in the (.omract price and if the a am unable to ages as to the amount thereof OW't�l Rumay make a chtau therefor as provided in Article I I Such claims, casts lasses and damages will include but not be 109W to all costs of repair or replacement of work of others destroyed or dam byy correction removal a replacement of CO CTOR's defective Work. CONTRACTOR shall not be allowed an extetmo of the C'ommcL Times (su Ivbiestames) bemuse of any delay in performance of the War, attributable to the examise by OWNER of OWNERS rights and remedies hereunder ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of va&" 141 1 he schedule of values established as provided in 705zlailec', Umt pia Wdxk will he based m the number of unrn ccmipleud. 4pp6mleon far Pings, Pay-ent 142 At least twenty days before the date established for each progress payment ((nut not more often then once a math) CONTRACTOR shall submit to ENGINEER for mi tea an A nation for Pa mot tilled not and signed by CON1 RAC OR oovenN the Work completed as of the date of the Appllanm and atompnmad by such supporurg duatuneruatmdn ds rs taquved by the Cmtrdct Ibcumarus if paymet u raquestat o tlx basis at maumraa and equlpmmt tint hricorpormtd m dta Wak but dkhva^ed and swtably atorar m the aaa a at arlodnrx band agreed to m wramg, the Appluaum tin F'aymait dieU also be eccmipamed by a bdl of Sala vwotcc cr other eioaimanmtio wartmntrg ihm t7WNER has recarved the matermis aid equgAmot franc and olear at aU Ltara and ascetic{ that the materma snit equipment are oovaeci by appropriate property Imurerme and ether arangemen[s to protect OW NhR4 interest dwtut. all of which wIll be 9"laaory to OWNER The arnaut of remumge wI respect to progress payments will be as stipulated m the Agreement QMfwpds that die win, thmhol i by the OWht'R Shad not be w of to substinmon Lim tC,e CONTRACTOR with ¢wines or apy aria, 5ttts It*w,ojvp an esrrow IT aistodmmshnp By execun%thp, epphosonn for payment torte e CON TOR axoressly waives hU C i for rite bepeyts of Colpindo Revise{( 4mmtes Spctrm 24-91 IT elm CO'TRACTOR s Warranty of Tuft. 143 (ONI RACI OR warrams and guammees that talc to all W orl, materials and egmpmcm omercd b� any Application tor Paymem wrnahe Inaxporated in the Project w not will pass to OWNER no later than the nonc Of payment free and edam of all Liens Rehsm of AMImuons forprognno Pojmtmi. 144 hNCV,1UR will, wmthm ten days after roompt of each Application for Payment either Indicate In writing a W(V(dILOAM c61,01 nONs moz 09991rdnah7 of COY M FORT "A I IM MQIAFIC4 ❑ONS (RF4 42fMi recommendation of payment and pros" the AAppg�Ication to OWNER,ormiturnthe Apphamonto CONTRACTOR India rus in wrrtug ENGINEERS reasons for ref x to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after pnseraatio of the Applmtmort fin Payment to OWNI3R wah ENGINEERs WORmtemation, the amount rocammerAW will (subject to fit,, provisions of the last sentence of paragraph 14 7) become, due and when die will be paid by OWNER to CONTRACTOR 145 ENGINEERS reoommendation of any payment requested in an Application for Payment will constitute a rispresemattton by ENGINEER, to OWNER tined can l NGINEERs ai-sk Observations of the rxacvted Work as an experienced and qualified design proliessimml and on hNOWHER's review of the AAppppttatam for Payment and the accompanyingdata aid adudues, thin to the best of LNGTNERRs know[mtq Wirmatio and belief 1451 the Work has progressed to the point mdled(ccL 1452 the quality of the W ork is generally in ac a'dance with the Conrad Documents (subject to an evaluation of the Wait as a funcumirg whole prior to or upon Substantial Carlplatmon, to the results of am sulxelghent tests called for in the Contract Documam. to a final daemim um of ms quaru and desm6aihoa for Una Price Wink under paragraph 910 mid to any other qualifiatiats stated in the redrommersation) and 14 53 the conditions precedent it, CONTRACTORS bang entitled to such payment appear to have ben fulfilled uuofar as it IS ENGINEERS respambtltty to observe the Work However by recommerduhg am, such payment LNUIN iR will not thereby be deemed to have represented that (I) rxlmmtivc or amanuous on -sin inspections hate bast made to chock the quality or the quantity of the Work beyond the responsibilities speedkall} aseagnted to ENGINEER in the Cmtrsct Documents or (n) that there may not be other matters or Issues between the parties flint might entitle f ON1 RAC{ OR to be paid addmorally by OWNI'R or entitle OWNER to withhold payment to CONTRACTOR 146 LNGINEERs recummadatrm of an} payment ualudng final payment, than not mean dun ENGINEER is responsible for CONTRACTOR's mums, method{, technWues, sequcacs or procedures of wlmrudwn or the ssat�efy pnautim and proaggmmins incident thereto or for arty facture of CONTRACTOR to comply with Laws Ind Regulations applicable to the furm4nag or performance of Work or for sm failure of (ONIRACIOR to perlsmn or furnish Wok m accordance with the. Contract Documents 147 1 NGIN'LLR ma} rcfuwr to rccornmmd the whole w ary part of any pavmcnt if in ENGINEERs opinion, it would he incorrect to make the representations to ig OWNER referred to in paragraph 14 5 LN6INEER may also refire to recmtmatd anv such payment, or beAxuse of subseyltmtlY discoverer evulatce or the results of subsequent trispamons or tests, rmlhfy, any such payment previously recommended, to such extent as nine be necessary in ENGTNEERs gsamm to prowt OWNER from loss because 14 71 the Work is defecim or completed Work has been damaged rewaxing correction or replacement 14 72 the Contract Price has been reduced by Written Amendment or Change Order 1473 OWNER has been rewired to coact de'scnve Work or cornpietc Words in accordance with paragraph 13 14 or 14 7 4 ENGINEER has actual knowledge of the occurrence of arty of the eats enumerated in paragraphs 15 2 1 Unvugh Is 24 mdusive OWNER maq refers, to male payment of the full amount rerommendcci by ENGINEER beauu 147 S Jams; have been made against OWNER on account of MNTRACI OR a perfonrancc a finmtslung of the Work, 147E Lim have been filed in oavection with tb> Wale, except where CONTRACTOR has delwered a specific Bond satisla ssew to OWNER to secure the sm isfacuon and dischaug, of such Liens, 1477 diamareodta sensentidmg OWNER tonsa off against the amount reamtmeaded, a 1478 OWNER has actual knowledge of the occurmm,e of any of the events enanamed in Paragraphs 14 71 through 14 7 3 or paragraphs 15 1 1 through I12 4 tnclusn e but OWNER mast pvc (ONIRAC.f(JR wmedate written nauce (with a cops, to FINGTNTER) stating de mantas for such action and promptly pay CONTRACTOR the amount sec wdh cU in any at jusunem thereto agreed to k OWNER and CONTRACTOR when CONTRACTOR careca to OW\LRs satisfaction th,. masons fa such action 3abstannai Compkaoa 148 When CONTRACTOR considers the arise Work ready fa its entanded use CONTRACTOR shall noufy OWNLR and RNWN1 Elk in wrmrg that ths, entvc Work is substantially earn se (except fa ipnns specificalh, listed by CON] RACTOR as twomplete) and request that ENGINEER Issue a ce tificat, of Substantial Coni letim Within a reasonable time thereafter 04i, NER CONTRACTOR and I'N(,T\TFR shall make an msi ecum of the Work to determine the status of completion If INGINCER does not conwdcr the Work substarmalh complete EYN(,INEER will notify CONTRACTOR in venting giving the reaums therefor If ENC INEEk 6KQ( MN7SMCOU1 I tON31910411990A®amm ;ill w On MfORTMIIIN4 Mnnn ICAfl(YNy (Rt6326aV) considers the Work substantially complete ENGINEER will Prepare and deliver to OWNER a tentative certtlate of Substantial Completion which Mall fix the date of Substantial Completion. There shall be imac ed to the certificate a tentative Jut of items to be completed a connected before fitalpaymant OWNER shall have seven days after reept of the twttabve certificate dun % which to make wntim obaeattat to ENGINEER as to any provinoru of the catifimte m attached list If after omstden% such otgatiors. ENGINEER calcludas that the Work is not subsum ally mmptele, 1TNGINEEE will within fourteen days after submission of the tentative oatifiala to OWNER ratify CONTRACTOR in wrting stating the reason therefor If after c n,,d,,mm of OWNERS objaonms, ENGINEER considers the Work sulsstartuallY mmPleta. I NG NEER will without and fourteen days exeuue and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a raised tentative bA of items to be completed or careiKcd) reflca such changes from the tentative certificate as E'NGBJE�i believes Installed after aamdmison of any objections if= OWNER At the time of Marty, of the tentative ceimfiam of Substantial (' idim ENGINEER will deliver to OWNER and CONTRACTOR a wnttenrccornmendatim m to dnvmam of retpmnbilara pending final payment between OWNER and CONTRACTOR with respect to textuary, operation, safety matmentimse feat. ut lwcs, immanence, and "trades and guaramees LWm OWNER and ( ONTRACTOR olgra otherwise in wnnmnagg and so inform ENGINEER in writing prim to ENGINETsIt's testing the defimtive certificate of Subeeanbal CemplsYon, ENGINTEER.s afar sad reco mmmdaUm will be bonding on OWNER and CONTRACTOR until final Payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Stibdamml Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or current items on the amnauve list. Farhat Vel/fmam 1410 Use by OWNER at OWNTERs opttan of any subsmnually completed part of the Work which (i) has specifically Man identified in the Content Documents. or (it)OWNM ENGI1NEER. and CONTRACTOR ages coriditutes a separately functioning mad umbhe part of the Work that can be used by OWNTER for its attended purpose without stgm cant imertermee with CONTRACTORS patormance of the remainder of the Work may be atcmi fished prig to Sulstamal tompkhonofallthe,Wor subjecttothefallowug 14 10 1 OWNER at any umc mayy request CONTRACTOR inwnti g to permit OWNER to use one such part of the Wort which OWNER believes to be ready fa as intended use and substantially wweta IfCONIRACI OR agrees, tlnm such ppaart of the ork is substantially complete, CONTRACTOR will catdf} to OWNER and ENGINEER that sash ppasrt of the Work is subsantatly complete and request ENGINEER to issue a cedtftcatc of Substantial C,omPlenm for that part of the W crk