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HomeMy WebLinkAboutBID - 6084 OLD TOWN SQUARE IRRIGATION (4)Administrative Services Purchasing Division February 15 2008 The Green Plan Attn Jeffrey Pope 645 Compton Street Broomfield CO 80020-1634 RE 6084 Old Town Square Irrigation Dear Mr Pope I have enclosed three (3) sets of contract documents regarding the above captioned matter Please sign the three copies and return all copies to me along with the requisite insurance certificate naming the City of Fort Collins an additional insured and three (3) original copies of the Performance and Payment Bonds After the signatures have been obtained a copy of the agreement will be sent to you Please contact John D Stephen CPPO CPPB (970) 221-6777 if you have questions Sincerely �, j LL James B O'Neill II CPPO FNIGP t ipirector of Purchasing & Risk Management Eric] Contract Documents JBO mar 215 North Mason Street 2nd Floor PO Box 580 Fort Colhns CO 80522-0580 (970) 2216775 FAX (970) 2216707 ow City of Fora Cot Iins Administrative Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Old Town Square Irrigation C1 BID NO. 6084 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 7, 2008 — 3:00 P.M. (OUR CLOCK) where renewal is a way of life CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS IZ�I�Y��] INVITATION TO BID Rev10/20/07 Section 00020 Page 2 INVITATION TO BID Date: January 16, 2008 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 February 7, 2008, for the OLD TOWN SQUARE IRRIGATION; BID NO. 6084. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 6084 Old Town Square Irrigation Replacement of irrigation system main line and lateral lines, valves, sprinkler irrigation components including sprinkler heads, drip irrigation, controller unit, and reinstallation of decorative paver plaza surface. 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 January 16, 2008. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:30 am, on January 24, 2008, next to the Ice Rink in Old Town Square, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Rev10/20/07 Section 00020 Page 1 Bid security in the amount of not less than 50-o of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Rev10/20/07 Section 00100 Page 1 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. 4.0 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. Rev10/20/07 Section 00100 Page 2 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashiers 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 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. Rev10/20/07 Section 00100 Page 4 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 Rev10/20/07 Section 00100 Page 5 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 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. Rev10/20/07 Section 00100 Page 7 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 Rev10/20/07 Section 00100 Page 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT:6084 Old Town Square Irrigation Place Date 1. In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashiers check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through Rev10/20/07 Section 00300 Page 1 8. BID SCHEDULE (Base Bid) Lump Sum for Two Work Phases: Phase I - Dollars ($ ) In words Phase II - Dollars ($ ) In words TOTAL - Dollars ($ ) In words ALTERNATE BIDS Deletion of Phase II Dollars ($ ) In words Two -wire Control System Dollars ($ ) In words Upright Steel Pipe Dollars ($ ) In words 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Printed Name License Number (If Applicable) Address Telephone Fax CONTRACTOR BUSINESS NAME BY: Date Title Email (Seal- if Bid is by corporation) Attest: Check One: Individual Doing Business in Company Name Corporation Partnership Rev 10/20/07 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev10/20/07 Section 00410 Page 1 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6084 Old Town Square Irrigation. 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. Rev10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) SURETY By: Title. (SEAL) Rev 10/20/07 Section 00410 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 0 10 Have your ever defaulted on a contract? If so, where and why? Are you debarred by any government agency? If yes list agency name. Rev10/20/07 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18 19 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? Do you anticipate subcontracting Work under Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time?_ IF yes, DETAIL What this Rev10/20/07 Section 00420 Page 2 21 22 What are the limits of your public liability? DETAIL What company? What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of_ County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires 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 10% 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: TO: PROJECT: 6084 Old Town Square Irrigation OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 6084 Old Town Square Irrigation: Replacement of irrigation system main line and lateral lines, valves, sprinkler irrigation components including sprinkler heads, drip irrigation, controller unit, and reinstallation of decorative paver plaza surface. The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6084 Old Town Square Irrigation including replacement of irrigation system main line and lateral lines, valves, sprinkler irrigation components including sprinkler heads, drip irrigation, controller unit, and reinstallation of decorative paver plaza surface. ARTICLE 2. ENGINEER The Project has been designed by EDAW, but the Downtown Development Authority, is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete on April 25, 2008 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 on May 2, 2008 the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. Section 00520 Page 1 1) Substantial Completion: One Thousand Dollars ($1,000) thereof that expires after April Completion of the Work until the for each calendar day or fraction 25, 2008, the date for Substantial Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after May 2, 2008 the date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount Section 00520 Page 2 sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and Section 00520 Page 3 conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: COVER:EQUIPMENT, SPRINKLER, PIPE, SLEEVING SCHEDULE L101 IRRIGATION PLAN L102 IRRIGATION PLAN L103 IRRIGATION PLAN L501 IRRIGATION DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Section 00520 Page 4 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 6084 Old Town Square Irrigation 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 day of CONTRACTOR: By: Title: the above Notice to 20 Proceed is hereby acknowledged this Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6084 Old Town Square Irrigation. 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. Rev10/20/07 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 is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) (Title) (Address) Other Partners By: By: Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6084 Old Town Square Irrigation. 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 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:6084 Old Town Square Irrigation PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: Rev10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6084 Old Town Square Irrigation. 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: Rev10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT:6084 Old Town Square Irrigation (CONTRACTOR) 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 fees, incurred as a result of such claims. Rev 10/20/07 Section 00650 Page 1 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 By: Title: ATTEST: Secretary STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 by Witness my hand and official seal. My Commission Expires: Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 6084 Old Town Square Irrigation CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for 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) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 2 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 projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 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 3 Section 00670 Page 4 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These (.;ENEkAL ('O\I)IIIC)NS have Ixen developed he using the STANDARC) (,LNTR.V, COV-F)ITIO\S OF TILL CONTRACT hrelnred by the Engineers Joint Contiact Documents Committee, E-VI ' \o 191n-S i l))(i Ldiuon), as a tease Chanacs to that document are shown by underlining text that has lien added and strikimz throu_h test that has Ixen delete,[. FJCDC Gl?Nl IZAI. CONDITONS 1910-8 (1990 ED1110N) WITH CITY OI FM'l' COLLINS MODIFICATIONS (IZEV 9/99) MnE3w�[�7�fLl7�M�p���]�flp�Ipi701�fL�7�1�7��[�l�f� Article or Para-raph Psl�'e Article or Paragraph Ise \umber ,K.- Title Numhcr \umber - Title \umlxr 1 DEFFN[TI(-)NS 1 _ PRELI\IF\:ARY \L\TTERS Z I I Addenda I I I )elivery of Bonds 3 1 ^ \grcement................................ .I , , Copies ofDocuments 1 1 ; Application for Payment l Commencement of('ontrllct 1 4 Ashcstos 1 Fimes: Notice to ProCeCLI 1.� Bid 1 :.4 Slartine the Work 3 I Biddine Documents 1 5-- 7 Before Stamina Construction. 1 7 Bidding Requirements _ _ _ I ('(_)\TR\('T( Rs Responsibility 1 S Bonds I to Report: Prehimnaiy Schediles. L'-) ('hame Order 1 I)clin•ery of Certificates of 1 1(t Contract Documents 1 Insurance 3-4 1.11 Contract Price I ` Preconstruction Conference 4 Contract tunes_ _ _ I Initial[\' Acceptable Schedule, 4 1 13 c'( )NTR--A('T( )R I 1 14 Clef"clrra ............................. ••,„,,,,„.,.,1 3. C( )NTR\CT DCx'L\4F;NTS I\TENT. 1 1s DraR•inas 1 A\I[,:NDIN6, Rlit'SE 4 1 I(I I{ftective late ofthe Aoreemcnl 1 3 1-3 2 Intent 4 1.17 ENGINEER _ _. _1 3.3 Reference to Standards and Speci- I IS ENGI\L•ER's Consultant I fications of Technical Societies- 1 19 Field (7rder_ _ _ _ _ I Reporting and Resolving Dis- t 0 General Rcyuircments .........................' crepancies..........................,,.....4-` 1 1-1 Hazardous \\'rite 14 Intent of Certain Terms or 1 22 a kms and Rceulations: Laws or Adjecuyes..................................... Re_ulutions Amending Contract I)uetments 1 3- h Legal Holidays - Supplementing Contract 1 _13 Liens Documents 1 4 \iileslone 3 7 Reuse of I)oCUti7 elits 5 I Notice of Award I -'G NuGce to I'rcceed .. .......... .................... , 4 -\\-.all.:\BII.[ Fl ()I• LANDS. 1.27 O\C\ER SL'BSL RFACE .AND PHYSICAL CONDFI IONS. 1 'S Partial L-tilization RI:FERENC'E P(=)I\TS I. 9 F('Bs 4.1 :Availability of Lands i-b 1 31) Petroleum 4 ' Subsurface and Physical 1 31 Project _ _ _ _ _ Conditions_ 1 3- a Radioactive Material ............................ 4 _ l Reports and Drawin s........ ,... ,..... ,.... G 1 3I h Re�,ulnr Working Hours 4 ' Lim tied Reliance hC C(A FRAC- 1 33 Resident ProjectRepresentativeTOR Authorized. Technical 1.34 Samples Data 1 3� Shop Drawings_ _ 3 4 ' 3 Notice of I Mterutg Su[nurface L36 Spectttcattons...................................... or Physical Conditions ,.................. 6 1 37 Subcontractor 4 4 FNGPNF.FR's Review G 1 3S Suf�,tantml Completion _ _ 4 > Possible Contract Documents 1.39 Supplementary Conditions C'hanae _ _. 1.40 Supplier _ _ _ _ _._ _ _ 1 4.'.o Possible Price and Times 1 41 Underground Facilities 2-3 Adjustill ents _ _ r`7 1 4-2 1 nil Price Work 3 43 Physical Conditions--1lidelLiound 143 \Cork ; Factlittes 7 1 44 Work Chamwc Directive 4 3 1 Shown or Indicated 7 IAA Written Amendment 3 4.3.' Not Shown or Indicated 7 4.4 Reference Points 7 LICDC (_iIALRAL O oNDI IKINS 191U-S 1199U I DI Il01') w OTY" I. Ft!RT CoLLIAS Vi!DIFI('A lli!SS iRF1' 9`9l1 Article or Paragraph 111Lc Article or Parma rahh Page Number ,X title \umber \um}x r x- Title \umber -1 S Asbestos. PCBs. Petroleum. 6 `> Submittal Proceedures. C'ON- Ilazardous Waste or TRACT( R's Review Prior Radioactive Material 7-S to Shop Drawing or Sample Submittal 16 RODS AND I\SI RANCH .............................. S ().'b Shop Drawing S.- Sample Submit- 5.I-5._ Performance. Paynlenl and Other talc Recrelc ha E\Gt\EER 16-17 Bon(Ix _ _ S 6 -'7 Responsibility for Variations Licensed Sureties and Insurers- From Contract Documents 17 i'ertiticates of Insurance S Related 1\•ork Pertollned Prior 4 CO\ I RAC OR's kiahility to liti(iltit;I:R's Review and Insurance .........................................`.) Approval of Required 5 OWNER's liabiht\ Insurance Submittals 17 6 Property Insurance _ _ `)_I(I 6 9 Continuim, the Work_ _ 17 5.7 Boiler and \Iachiner or Addi- 6.30 C'C)\TR:A(-'I'(R's General Clonal Property Insurance _ lu Warrant( and (luarantee_ 17 8 Notice of Cancellation Prolislon I(1 ti 31-6..33 Indemnification 17-15 > 9 CO\TRACTOR's Responsibilit\ 6 34 Survival of Obligations,,,,,,,,,,,,,,,,,,, 1 S for I)e(ILIC[Ihie Amounts lei > I n C)thcr Special Insurance, 10 7 OTI MR \\ ORI:. _ _ _ _ _ 18 I I 11'aiver of Rights 11 7.1-7.3 Related Work at Site lS > 12-5 13 Receipt and Application of 74 e'(x)rdinatloll IS Insurance Proceeds ...................... 111-11 3 14 Acceptance of Ronds and Insu- S MV', F:R'S RIiSPONSIRI1.1"1'll-'S .......................18 since: Option to Replace _ 11 S 1 Conrmuntcshons to ('ON- 5,I5 Partial Ltilization--Property TI'LA("fOR _ IS Insurance _ _ II S. ReplacenlentofF.\e_iINIER _. IS S 3 Furnish Data andPay Promptly b. CON I RAC OR'S RIiSI'O\SIRII.I IIES ............... 11 hen Due ...... 1S 6.1-6 ^_ Superc[Slot) and 5uperltlterldence 11 S 4 Lands and Easements, Reports 6 3-6 Labor. \laterials and I,;quipment_ 11-11 and'fests _ I8-19 6.0 Progress Schedule 12 Insurance 19 6,7 Substitutes and "Or -Equal" Items. 8.6 Change Orders l9 C'(_)\1 R.ACT( )R's Expense. S 7 Inspections- Tests and Substitute Construction Approcals................................... 19 \9ethods or Procedures. S S Stop or Suspend Work. fi\(rl\FFk's F1'aluation 1-1-I : I'ernunate ('O\'fRAC'fOR's 6,5-6, I I Concerning Subcontractors. Services I'.) Suppliers and Others. S.9 1.ImltaIIon,) on OW\ER'S Waiver ofRights 13-14 Responsibilities_ 19 6 l_ Patent Fees and Royalties 14 S to Asbestos. PCRs. Petroleum. r i.1 3 Pel III its 14 11azal dulls \Aaste (11 6 IT ka(ls and Rcaulations IT Radioactive Material 19 6 15 Taxes 14-IS S. I I El idence of Financid (1 16, Lseof, Premises 15 Arrangements 19 6 17 Site Cleanliness I 6 IS Sate Structural Loading IS 9 FNGINEF.R'S ST:ATI'S DI_RI\(, 019 Record Documents l CONSTRI-CTION la 6 --n Satety and Protection li-I(' 9 1 O11'\F.IL s RepresentetiVe 19 6, 1 Safet� Representative 16 9. Visits to Site l9 ti �^ Hazard Connnumcauon I-rcxirams 16 9 Project Representatil•e 19-,1 6 3 Emergencies _ Iri 9.4 ('larICicmions and Interpre-. 614 Shop DraWmas and Sam ples I(i tat tons,.......................,................�1 9 AlIthorized Variations in \lark '1 LJ('D(' (;I NlAAL 0U\DI HO\'S 19lo-8 119W ED] Hu1) :Article or Paragraph l"we Article or Paragraph I'aoe Number ,X: I itle Number \umler ,X Iltle \uniher o) n Rejecting De/«1ive Work _ _ I ') 7-9 9 Shop Drawings. ('hange (_)rders and Payments '1 9 11i Determinatims for I nit Prices 11-11 9.11 1) 1 1kcisions oil Disputes, EN6,I- M-ER as Initial Interpreter 11 9 13 Llmltations on F\(;R\HJ;Ws Authority and Responsibilities '-23 ('I AVil-:S IN 11II: XMRK '3 11i 1 O\VNI-:R's Ordered ('hangs . .........._3 14lli.' Claim lorAdjustment_ Iti ; Work Not Required h}' Contract Documents '3 11).4 Chance Orders ,3 _... Ill,l Notification of SuretC �.) ('I I:\\(:I:OPCO\'1'RACI' PRICk 13 I I 1-11 Contract Price. Claim for .Adjustment. Value of the \Volk 13-24 11 a Cost of the 1\ oik... ......... .... _a-'i 115 F.�clusions to Cost of the Work 1 I CO\ I kAC 1'() R's Fee =; 11.7 Cost Records �- o 1I.8 ('ash Allowances ............................ 16 I I Q 1--nit Price Work 16 CILL\GE OF C'(_)N7R•\t_ T TIMES .................. ........ _6 1' 1 Claim for Adjustment '6 1'.-1 Time of the Essence 12.3 Delays Beyond CO\TR-AC'TOR's Control _. '6-'7 1' a Dclars Rerond O\\'\T-:R's and CO\TR\CTOR's Control '7 TLSTS .A -NI) INSPEC FIO\S. C'C)kREC'TIO\ RE\9O\':\L OR :\C('EPI'A\(,'R: OF DL7-C(MIT' \V( )Rh '7 1.3 1 Notice of Defects 27 13 ' :Access to the Work '7 13 3 tests and Inspections. C'(-)\TR.-\(TOR,, Cooperation '7 13.4 O\\"NER's Responsibilities: Independent "testing Lalwator '7 13S CONTR\CTC)R's Responsibilities _ _ 27 13 6-13 7 Covering \\'ark Prior to Inspec- tion. I estin_ or Approval _ _ _,_27 13 X-13 9 1_T ncovering Work at E\GI NEER's Request 27-21, 13 to (=AV\ER May Stop the Work ...,..._'� 13 11 Correction or Removal of Delirclive \\ork ... ................=S 13.1' Correction Penokl 'I 1113 AcceptanceolWork 18 13 14 O\\�T:R Max Correct Dr'!eclivr \\,ork PAYMEN IS TO ('O\ I RAC IOR AND ('O\IPI,E*l U )N '9 1.3 1 Schedule of Values I4.' Application for Progress Paynient '9 14 .3 COX I RAC I ( )R's \\'arrant\' of Title '9 14 4-14 7 Review of :Applications for Progress Payments 1.7.S-14.S+ Substantial Completion : (1 14lo Partiall-tilization 30-31 1.7 11 I mal Inspection, 31 14 1' Final :Application for Pa\ment......,.31 14 13-14 14 Final Payment and .-Acceptance 31 14.1S Wainer of Claims 31-3' I� Sl_-SPE\.SI(_)\ OF \VORK XND IFRMINAIIO\ ................3' ................................ 1 � 1 O1\,\�ER \gar Suspend \Vurk3, Is'-13 4 O\V\1,,R \ tax. 'I'crmmate 3' 1 S., (A )\TRACTOR \oar Stop Work or Terminate 3'-33 IO Ii1SI1t7TF. RESOLI'tION 33 ................ I ..... ,...,,..-... 17 \IIS('FI.I.A\FOl'S 3. 17.1 (;irinL Notice 33 17.2 (.'omputution of Times 33 17.3 Notice of Claim 33 174 Cumulative Remedies ...................... 33 175 Protesslonal Fees and Court Costs Included 33 17.6 ."Applicable State Lags _ 33-34 Intenlionall) left blank _ _ _ 35 EIHIBIT GC -:A (Optional') Dispute Resolution :)Ngreement _ _ _ GC-:\1 161-166 Arhitretion _ (;('-:AI 16.7 Mediation_ _ _ _ _.GC' -AI IN L1CDC (_iENLIiAL C( IND] I K INS I9111-8 119(w I DIll01') w OTY" I. Ft!RT C(-1.I.INS Vi �DIFICA nt INS IRGV 9`99) City of Fort Collins modifications to the (leneraI Conditions of the ('instruction Contmet are not shown in this index Article or Paragraph u nthet Acceptance oG- Ronds and insurance .............. ............................ 14 detective 1\'ork 11L4 1. 13 S. 13 1 final pavinent_ _ _ _ _ `) L. 14 15, insurance 5.14 other Work. b\ ( •()N R V_: F(_)I2 7 3 Substitutes and "Or -Equal" Items _ 6.7 1 \fork h\ ( )\\\TR S. 6 3ti. 6 34 :access to the-- kands, M\AhR and('(A] RAC fOR respunsitlilities site, related 1Vutk __. _ _7 Work- ... 13 2. 13 14. 14 Acts it OIII ISsion S--. Acts aftd Otn IssIons-- CO\INACIOR 69 1- 9.13 3 li\(il\tiF.R 6 D 9 13 3 AVNER 6.2o. S.') Addenda --definition of (also see definition of Specifications') _ _ (1 6. I lit- 6 19). 1 1 Additional PlopettyInsurances„ ............................... 5 7 Adjustments— Contract Price or Contract 'limes 1.5. 3.5, 4.1. 4.3 -2. 4..s 4 s 3 9.4. 9 i W_2- l u 4- 11. 1. 14 S. I S I progress schedule 6 6 Agreem ent-- definition of I "AII-Msk" Insurance. police form _ _ 5.6.2 Allmances- Cash I I S .-\mendin_ ('ontract Documents. _ _. 3.5 Amendment. \VIMen_ in general I Ili, 1 43. 3 �, 5 W, S 1:. 6 6 G82.619. ............................ 1111. 1o4. 11 12 1. 13 1'_ 1 14 7 , 1ppea1, C)1VNER or )\TRACTOR intent to 9.Ili, 9.1 I. li).4. Ili._, 16.5 Application tier Pacnlent-- definition of 1 3 FV11XEER's Responsibilit\ .......................9 `> final payment ') 13 4, 1) 1 S. 14 12-14 1S in general ',S. '.11, 5.6.4.').10. I5.5 progress payment _14.1-14.7 I evie\s if 14 4-14 7 AiNtiation P, 1-16(1 :�SheSt llC-- claims pursuant thereto 4 S 4 S I'(A IRA( 'T( )R authorized to slop Work _...-1.5.' definition of. Article or Paragraph \um her O\\'N1.'R responsibility for 4 S 1. S lu possible price and times change 4 S Authorized Variations in Work 3,6. 6._5. 6._7. 9.S A\ m1abilitv of Lands 4 1, S 4 Award- Notice of--detin d I -S Retble Starting Construction ' s-S Rid --definition it' l S i 1 L 1 lu, ' 3. 3 3- 4'64.613, 11A3, 11 911 Bidding I)ocuntents--definition of Bidding Reyuiremenls--definilion of 1.701,4_'6)2) Bonds -- acceptance of _ _ _ _ s 14 additional txmds 1().5. 11.4.5.9 Cost of -the Work I 1 S 4 definition of' _ _ _ 1 S deliveryof .................................................... 1. s I final Application for Payment. _ _14 1'-14 14 general l Ili, S l-S 3. S 13 9.13. DO. i. S. 14.7.6 Performance. Payment andOther I-> Bonds and Insurance --in Leneral Builder's risk "all - risk" policy form Cancellation Provisions, Insurance S 4 11, S S. S IS Cash Allowances 11_S Certificate of Substantial Completion I. 6.31.2.3. 14 S. 14 11i Certificates of Inspection 9.13A 13.5, 14.12 Certificates of Insul"ance _2 7. >-3, 5 4.11, 1.4.1 3. S6S. SS, S 14.913.4. 141_ Change in Contract Price-- ('ash :Vlowances 1 l S claim for price adjustment .4.1. 4.2.6. 4.5. S.IS. 6.8.2, 11.4 9.5. 9 11. Io -. Io 5. I l . 13.9. 13.13. 13 14. 14 7. 1S 1. 1S.S CON'FRAC1'OR's fee ......................._ _....,.,.....I 1 6 ('ost of the Work general 11.4-11.7 Exclusions to. 11.S Cost Records I I.7 in general ............. 1 19. 1 44. 9 11. 11) 4 ', lri 4 3. 11 Lump Suitt Pricng........................................ .11 3 Notification of Suret\ W S Scope ol_ I10-10A Testin_ and Inspection. I ncovel ina the Work 1 3 (1 L i('LV \;I NlAAL 0UNL)I lit 0,S 191u-S 11990 EDI HuNI I nit Price \\ ork 11 1) .Article or Paragraph Number \"clLie Of Work 11 Chance in Contract 'I Imes -- Claim for times adlustntult...... .4 1. 4 6. q 3. s I i. 6.8.2. 9.4.9.5. Q.11. 1u.1 111.5. 11. 139. 1313. 1314, 147. 11. I� ('ontractual time limits ......... ........ ... ..... .. I Delays Ixyond CONTRACT( R's control 1 3 1Mays beyond O1\ \1:R's and CON I R.\ YOK's control I_14 Notification of.surety 1() 41 Scope of change _ .......... _.I0.3-IU.4 Change Ordet-S-- :\cccptance oWel,,etive \\'ork 13.13 Amending Contract Document Cash Atloteances 11 1 Change of Contract Price. 11 C'hanLe of( 'ontract Times 12 ('hanaes in the \\ork I C( )N I RAC f( )R's fee ........................................ 11 (i Cost of the Work 1 1 4-11 7 Ukw Records 11 7 definition of _ _ _._ . _ 1.9 enlereencies 6.23 ENUIM-1-LR'stesponsiblllt\ og. I(1-1.11.3. 13.1 execution l)f ....................................................... 1(1-4 Indent nificuon 6 116 ........................... 1 G. 6 31-6 33 Insurance, Bonds and S lu. �; 13. 10 CM_\TR in terminate 13,:-13. 4 C)\\1FR's Rcsperosibilila _ _ _ 8.6. 10A Physical Conditions- Subsurface and. 4 2 1_'nderaround Facilities-- ......................... ... t 3 Record I)ccuments 6 1Q Scope of('hangc__. .......... SUbStIt U4eS U. 7.3, 6.S , I nit Price Work 119 Value of %Cork. u)1 tired h� .................................. 11.3 Changes, In the Work 11) \otitication ofsurety I(15 M\-\ER's and CO\TR\CTOR's responsibilities _ I(I.4 Rleht to an adjustment 1() Scope ofchangc ...... ..........., .11) 3-1(14 Clauns-- aeainst CON I RA(`fOR 6.16 against ENGIMN ER b 32 e,,ainst O1\'\1iR 6 �� ('hanLe of( 'ontract Price 94. 11 Change ofCclinaet TIIn eS9-J. 1_ I CO1\TR_ACTOR's 4. 7.1_ 1)_4. 9 1 I. 10 I ..................11 1 11 9. 12 1, 13 9. 1.4 S. n 15. I. 15. 5. 17.3 CONTRACT OR's Fee I 1 6 Article or Paragraph \umber CONTRACTOR'S liability � -1. 6 11, 6 16. 631 Cost of the Work 11 4, 11 I)ccislons on Disputes ... .........................9.11, 9 1 Dispute Resolution 16.1 Dispute Resolution ALreement ._ _ lb 1-loo CsN(;I\F•GR as initial interpretor _ 9 11 Lump Sunl Pricing _ 11 3? \otice of - 17 3 O\\NFR's cL4,9 >1L It1I ..................... II I I 1 9 1-.1. 13.1). 13.13. 13.14. 17.3 O\\NLR's liability 3 (_)\VNER may refuse to make payment 14 7 Professional Fees and Court Costs Included 17 I equest fix formal decision on 9 11 Substitute Items b 7 1 Time Extension I I I Time requirements _ . 9.1 I. 12.I (_ nit Price A\ ork I 1 1) 3 Value of 11 _3 R'alver of --on Final Payinent 14 14. 14 1> Work Change Directive In written notice required _ _ _ _9.1 1. l l .2. 1-, I Clarifications and Interpretations_ _ 3.6 3, 1.).4. ).11 Clean Site 17 Codes of, Iechnical Soclety. Organization Or Association Comincncement of Contract'I'imes Communications-- gencral Hazard Communication Programs 6 Completion -- Final Application fir Payment ..........................1..4 l' Final Inspection _ 1411 Final Payment and Acceptance 14.13-14,1.4 Partial Utilization 14.1() Substantial completion _ 1 38. 14 5-14.9 Waiver ofClaims ............................................. 14 13 Computation of Tunes 17 _' 1-17 12 Concernino Subcontractors. Suppliers and Others 6.1-6.1 1 Conferences-_ Imtiallc acceptable schedules _ _ _, 9 preconstruction....,,.... ....... S Conflict, Error. Ambiguity. Discrepancy_ CON I RA("I OR to Report _ _ _ _ _ _ 'S, 3.3 Construction, before starting by CON IR A("fOR 7 Construction Machines. Equipment. etc 64 Continuuls the Work-k ............................... 6 9, Ii) 4 Contract Documents_ Amending 3 5 Bonds 5.1 LJCDC (_iIALRAL O oNDI IKINS 191U-S 1199U I DI Il01'I w OTY" I. Ft!RT CoLLIAS MoDIFICA nt INS IRFV9`991 Cash Allowances _ _- 11 8 Article or Rlra_raph Number Change of Contract price ..................................... I I Change of Contract limes I Changes in the\\ork...,.„....................... 103-11) cheek and \erif\ Clarifications and Interpretations _ 3 . 3 6-') 4- 9 11 definition of 1 1O kV;I\FI-,RasInitial interpreter of 911 I:\GI\F.ER as O1GNI:R's represrntatice,,,,,,,,,,,,,,9 1 generll3 Insurance _ Intent _ 3.1-3.4 minor variations in the Work ; 6 O\\'\kR's responsibility to furnish data 8 3 AV\TR's responsibility to make prompt payment 8 3, 14 4, 14 13 precedence_ _ _ 3 1. 3 ; 3 Record Documents Reference to Standards and ')'peclhcations of Technical Socletics 3 3 RelatedWork.....................................................7 , Reportim, and Resolving Discrepancies_ Reuse of 3.7 Supplementing _ _ .__.,3.6 Termination of LNGINEER's LntploN,ment _8 1 t rut Price \Volk 11 9 val lat lolls 3 r;. ........................................... (; � . 6 7 \']sits to site, li\gl\H ..R's 9 _ ("ontracl Price-- adjustmenlof _ _._ 3.?.4.1.9.4. 1O.3. 1I._-11.3 Change of 1 I Decision on Disputes ......... ...... ................. .........`-) I I definition of 1 I I Contract 'lln es-- adjuslmenl of _ 3.3. 4.1. 9.41 1O. 3. I, Change of 12.1-12.4 Commencement of - 3 definition of 1 l� C(_)NTR:A(-'FC)R-- .acceptance of Insurance 1.3 Communications ........ ......... ............... 6.2. (i.9.2 Continue Work 6.29, 10.4 coordination and schedUhno n 9 3 detiniuon of 1 13 Limited Reliance on Technical 1)ata .authorized 4 \ [a\ Stop Work or Term inate _ _ 1 .5 provide site access to others _ __.....7 2, 13 2 Salety and Protection -4 3 1 . 6 16. 0 18, ..................... 6 ' I - 6 3. 7_'. 13 Shop Dra\ying and sample Reylen Poor to Submittal ......................................... Stop Work requirements _ 4 3 CON I R.-\(`I ( R's Article or Paragraph Number Compensation Continuing Obligation.....................................1.3 1i Dekaive \\'ork 9.6. 13,10-1114 1 hit to correct cif/tc•tn•t \\ ork 13 It I )ut\ to Report-- Chanaes in the Rork caused by I:meraency 6 -23 I )efects in \\ ork of ( )thers 7 3 Differim_ conditions 4.2.3 Discrepancv in Documents ; 3 ', n 14 Underground Facilities not indicated _ 4. 3.2 Emergencies 6 -,3 Equipment and Machinery Rental Cost of the Rork 11 a 5 3 Pee --Cost plus_ _ ,11 4 S 6. 11 > 1. 1 L6 General Warranty and Guarantee 6 to Hazard Communication Programs 6.22' Indemnlflcatlon_. _.I 1.6.10.6.31-o.ii Inspection of the\\ork................................ 7 3. 13 4 Lahot. Materials and Equipment ............. .... ... G 3-6 Law- and Regulations. Compliance by 6 14 1 Liabilitv Insurance 5.4 Notice of Intent to Appeal _ _ 9.111. 1(I.4 obligation to perti,rin and complete the \Volk Patent Per."and Royalties, pared for by... ... ........... 6 1' Performance and Other I;onds 5.1 Permits. obtained and paid for be 6.13 Progress Schedule _.6.:.8. 2.1.1. o.o. 6 _'9- 10 4- 1 -3- I Request for lot vial decislOnOn disputes,,,,,,,,,,,,,,,9 11 Responsibilities -- Changes In the Rork I() 1 Concerning Subcontractors. Suppliers and Others 6,X-6.11 Continulna the Work o 'Q 104 C( )NTR.\CTOk's espense,(i 7.1 CONTRACT( )R's General Rai anty and guarantee 630 I'ONTKACTOR's Fe\ ie\t prior to Shop____ Oramn g or sample suhnndtal Coordination of \Cork 6 9 Emeraencies 623 ENGINTE•R's evatuation. Substitutes or "Or -Equal" Items 6 7 3 For .acts and ()missions of Others _ 6-9 1-6 9 2, 9-1 for deductible amounts.instuance aeneral 6. 7 _ ...........................I ........... 2, 7.3. 8 9 Hazardous Communication Programs 6 „ I Attest III flCatI Uri 6 31-0 33 Nil L.k'Dl' GI NlAAL 0UNDI lit 0,S 19lo-S (1990 EDI HuN) Lahor, Materials and Equipment 6 3-6 i Laws and Regulations 6 14 Liability Insurance 5.4 \rticle or Paragraph NuInbel' Notice of yanation from Contract Documents _ 6 27 Patent Dees and Royalties, b l Perin its 6 13 P1oLless Schedule _. 66 Record Documents uments 6 19 related \\"ork performed prior to E\GINEER's approval of required subm ittals 6 28 safe structural loadin_ 6.18 Safety and Protection j, 7-1. 13.' Safety kepresentative 6 1 Schedul ln>' the \\'oak 6 q 2 Shoji I)rawinas and Samples 6 '4 Shop Drawings and Samples Review by ENGI\EER o._6 Site Cleanliness G 17 Submittal Procedures ................................... 6 Substitute Construction \{eth OLIS and Procedures 6 7 2 Substitutes and "Or -Equal" Items 6,7.1 Superintendence Supervision SulVIyal of Ohllgations (i.14 Taxes.................................................... _ ti l Pests and Inspections l.; To Report Use of Premises _. .. ti. I6-o. I S. 2.4 Review Prior to Shop 1 hawing or Sample Submittal ........................................ 6 Right to adjustment foi- changes in the \\'ork..,..bi , rn,ht to claim 4, 7 1 9 4, 9S. 9 11, Mal 2.l l 1 11.9. 12.1. 13.9, 14.8. 13.1. 13.3, 17,3 Safety and Protection 6.20-6.21 7.2. 13.2 Safety Representative 6 ^I Shop Drawings and Samples Subnnittals„... 6 _4-6 28 Special Consultants, _. 11 4 4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items. Expense _ _ _ 6.7.1.6.7.2 Subcontractors. Suppliers and Others 6 S-6 1 I Super ision and Super ntendenee e, 1, 0_2- 6_21 Taxes. Payment b\ (; I> Iw of Prem ises 6 16-6 I S Warranties and guarantees 6.31r \\'arrant\ of l'itle 14 3 Written Notice Required-- CONTR\CTOR stop Rork or terminate l; Reports of Differing Subsurface ;and Physical Conditions -1 '.3 Substantial Completion _ cut 14.8 ('O\TRA(`1_0RS--other _ _ _ 7 Contractual Liability Insurance i 3, 11) ('ontractual Time Limits I . Article or Paragraph Nullifier ('lilt L11 nat loll-- ('O\TRAC FOR's responsibihtN 9. Copies of I )ocumenls _. Correction Period ......... ....... ................. .... 13 1' Correction. Rein ova I or Acceptance of Dalacrn•a Work_ ul general ................................... DI 4 1. 13 If)-] 3 14 Acceptance ofL)e1,'c'1hV Work_ 13.13 ('orrection or Removal of Detccln•. Work _ _ _ _ _ _ _ _ .. 6.30. 13.1 I Correction Period 13 1' MVNI:R \lay ('orrect l) /Leave Work 13 14 O\\-yJ.R \hiy Stop AWork .................... 13 fir Cost -- of "I ests and Inspections _ _ 13 4 Records 11.7 Cost of the \\'oi k-- NondS and insurance. additional ..................... 1 1 4 i 9 Cash Discounts 11 -1 ('ON l R:\(' I OR's Fee 1 L6 Employee Expenses _.. 11.4.5.1 Exclusions to I I'S (leneial1I 4-11 rlonle office and overhead expenses ....................11.3 Losses and damages....................................11 a � 6 Materials and equipment _ 11 q Minor expenses _ _ 1 LA 5. Payroll costs on changes _ _. 1 1.q.I perto need by Subconti'actois _ _ _ _ J 14 1 Records 11 7 Rentals of constrtiction oquymlent and machinery 11 4 � 3 Royalty payments, permits and license tees ............... ... .................. 1 1.d.3.3 Site office and tennporary facilities 11 q Special Consultants, CO\TR:\CTOR's J 1 4 q Supple I nelltal 11 4 *; Taxes related to the Work 11 g 3 a Tests and Inspection _ _ _ 13,4 trade Discounts 11.4.2 f'tilities, fuel and sanitary facilities 11 4 S 7 Rork after regular hours . ..................... J 1 -1 l Covering Rork 13 ti-11 7 ('um ulatiye Remedies 17 3-17 3 ('uttinia, filling and patching_ _ _ _. 7.2 Data. to he turn ished by O\\'\I:R S 3 I)ay--definition of _ 17 Decisions on Disputes.....................................9.11, ') 1, dell ctwe--definilot) of _ _ 1 14 cfal"al ve \\ of I- :\cceptance of _ _ 10.4 1. 13.13 LJCLk' (_ilALRAL O oNDI IKINS 19lo-S (19911 I DI Il01'I w OTY" I. F(!RT C(!I.I.IAS V(!DIFI('A nt INS iRG1' 9`99) Correction or Removal of lu 4 1, 13 11 Correction Period 13 12 in general _ _ 13. 1.1.7. 14. 11 .Article or Paragraph NUmM Obscn'ation h% A \ER NlaN Stop Work 13.10 Prompt Notice of I )elects 13 1 Rejecting. _. _ _ _ _ 06 1-'ncocering the ]Cork 13 8 Definitions _ _ _ _ _- _ 1 I )ela%'s 4 I. 6 29. 123-12 4 Relit erg of Bonds ,.1 DeliverDelivery ofcerlificates of insurance ' 7 Determinations for unit Prices 9. IU Differine 511651IrfitCe or Phvsiral COn111101)5-- Notice of -1., 3 ENGIN T:FR's Review 4., 4 Pox ihle Contract Documents C'hanae 4 , 5 Possible Price and Timis adjustments _ 4-1 (i Discrepancies -Reporting and Resolvinc _ _ 5. 3 3,. (, 14 Dispute Resolution -- :Agreement .................................. ............ I -16.6 -\rhitrndon 16-1-16 general lb Mediation 16.(i Dispute Resolution :\ l eent ent I G I- I G G Disputes. Decisions by I?NGINl-kk. LI 1-9 i, DOCUIllent'. - Coples of _ _ I , Record 6.11) Reuse of 3.7 Drawines--definition of 11� Easements............................................................. 31 Effective date of .Aereentent -- definition of 116 I:meri encies 6 3 ENGINEER- ,,, initial interpreter on disputes 9.11-9.1' definition of _._ _ _ J 17 Limitations on authority and responsibrlitieti„— 9 13 Replacement of Resident Project Representative _ 9 3 ENGINTER's Consultant -- definition of I. IS ENGI\EER's-- authority and responsibility. limitations on 9_ 13 .\uthorized Variations in the Work 9 Chance Orders, respansibiGtt' for 9 7. lit. 1 L 1, Clarifications and Interpretations 3 6 3. 9 a Decisions on Disputes _ _9.11-9.1' defective ]Pork, notice of 13 1 EValuation of Sulnlitme Items 6.7 3 I.trtbilit\ ti3, Q I, Notice \Cork Is :\cceptahle 14 l 3 t)bservat ion,, ............................................ 6 3() 1 9, (M"Nk*R's Representatit•e___ _ l Pavirients to the ('O\ I RAC IOR, Responsibilitc for _ _ `).9. la Recommendat c n of Payment 144. 14 13 \rticle or Paragraph \umlkr Itesponsr6lhUes l,unitations on 9.11-9.13 Review of Reports on I Tittering Subsurlace and Physical Conditions__ _ _ 4 _' 4 Shop Drag trigs and Samples. review responsihility _ _ _ _ 626 Status 1)uring Construction -- authorized tarialions in the ]Cork q Clarifications and Interpretations _ _Q a Decisions on Disputes _ _ _ _ 9. 11-9.11 Determinations on i-'nit Price ) IO 1i.VilNkl:R as Initial Interpreter 9 11_91, ENGINEER'S Respunsihilities''' 41-11 ... 19.1-9 1 Limitnuons on I:\c;l\EER's :\uthori , and Responsibilities 13 O\C\TR's Represenlaliee____ Project Representatne____ Rejecting 1)ellC111V \Cork ............. . „,,,,,,,,,,,,,,`.? 6 Shop Drawings. Change Orders and Payments Visits to Site [.`nit Price determinations 9.1U Visits to tine Wi ltten consent required...". ......... ......7 2, Y) I EgtllPIII ent. Labm, 'Wei is Is and,,,,, ,,,,,,,,,,,,,,,,,,,(," i-(i. j Ilquipntent rental, Cost of the Work 11 -f S 3 Equivalent Materials and Equipment 0.7 error or omissions 6.33 Evidence of Financial .\I rancentents " I I Explorations of physical conditions4 -1 1 Fee, CO\TR:V'T( )R's--Costs Plus ............................ 1 L6 Field Order -- definition of .............................................. 1.19 issued by EN(.;I\F;ER_ 3.6.1, 9. Final :Application for Payment_ _ - la 1- Final Inspection— 11 Final Payment-- and Acceptance _ 14 I;-14 14 Prior to. for cash allovwices 11.S (Jeneral Provisions 17.3-17.4 General Requirements -- definition of l ,O principalb 4.references to _ _ _ � 6• . . 2� b r, (i --7. 6 (hying Notice _ 17 1 Guarantee of \Cork--b\ (' )\I R-(•TOR 63o. 11.1, Hazard Communication Pro,rmtts 6,_ I lazardous Waste — definition of 1 ,1 general _ a U\1'NEK's responsibility for ............................... In is L)('D(' (;I N1AAL 0U\Dl lit 0,S 191u-S (1990 EDI HuN) Indemnification 6 1 '-, 6 16, 6 31-633 Initially Acceptable Schedules _ „) Inspection -- Certificates of 9 13 4. 13 S. 14 1 Final 14 11 Article or Paragraph \umlxr Special, required b% HN(;INEEk _ y o Tests and Approval_ S 7. 13 3-1 3 4 Insurance -- Acceptance of, by ( )1\"\ E K 14 .additional. required by changes in the Work 11.4.5.9 Before starting the Work ' 7 Bonds and --in aeneral Cancellation Prorisions �.S Certificates of 2 7, S. 3, 5 4 11. S 4 13. i6.3.>8.;14.913.4.14.1� completed operations _ _ > 4 1 C(_)NTk V-`fOR-s Liahiliu S 4 C'O -TR ACT( R's objection to coycraHc 5. 14 Contractual Liability 4 10 deductible amounts CM I kA(' FUk's responsibility - Final .application for Payment _ _14 1_2 Licensed Insurers i.3 Notice requirements, material changes_ _ 5.5. I(I.5 (-)ption to Replace _ _ 14 other special insurances..... .... lu as fiduclan for Insureds 13 kiabillt\' l l AVNTTR's Responsibility, Partial Utilization. Propertc Insurance 5.1� Property _ 6-> to Receipt and Application of Insurance Proceeds ............. .................................. 1 -; I-, Special Insurance _ _ _ _ _ 4 In Waiver of Ri_hts 5. 11 Intent of Contract Pocumenls 3.1-3.4 Interpretations and Clarllications, __ 3 o 3. 9.4 Investigations of physical conditions... Labor, \latertals and Ecµupntent ti.3-(;.� Lands -- and Easements 8.4 Availahihty of 4.1. S.4 Reports and '1 ests _ _ S 4 Lams and Regulations --Laws or Regulations -- Bonds 1 4; - Chanaes in the Work lu 4 Contract Documents 3.1 CON FR:A(' FOR's Responsibilities _6 14 ('orrection Period, d /t,.Iw Work 13.1' Cost of the \Volk. lazes 11 4 i 4 definition of 1 geneialo 14 Indemnification \ 6.31-6. 3- Insurance i Precedence _ } 1. 3 3 3 Reference to 3.3.1 Safety and Protection 6 -10. 13 ' Subcontractors. Suppliers and (_)thers_ 6 S-6 1 I Article nr Paragraph \umber Tests and Inspections 13 > I aeofPi-cm ises 616 Visits to Sile Liahility Insurance -- ('(A I RAC I ()R's � 4 O\\ %ER's � 5 Licensed Sureties and Insurers Liens-- ApplIcaltoll for Progress Payment _ 14 COVER.\ I'( W's \\ arrant\• of l itic 143 Final Application for Payment. 14 1' Cl2fIIII llOil of I.I.. Waiver of Claims 14 Is Limitations on ENGINLER's authority and responsibilities _. ) I; Limited Reliance by C(A IkA(' I-Ok Authorized 4,, Maintenance and Operanno Manuals -- Final Application for Pa_\ment _ _ 14.12 \lanuals (of others') -- Precedence _ _ 3 3 1 Reference to In Contract UueuntentS_...............J 3 1 Materials and equipment -- furnished by CO\'I'R.ACI'OR 6 not incorporated in Work_ _ _. 14.2 Materials or equipment --equivalent _ _ 6.7 Mediation (()ptional) _ _ 16 7 Milestones --definition o1'........................................1 '4 Miscellaneous — Computation of Fimes _ _ _ 17 Cumulative Remedies 17.4 On ln_ Voltee 17.1 Notice ol_Ckarm _ _ _ _ _ 17.3 Professional Fees and Court Costs Include.0— .....17 3 \{ultl-prime contracts 7 \ot Shown or Indicated 4.3 Notice of-- Acceplabdtt\ of PrOIcCL _ _ 14.13 Award. definition of _ _ I _'S Claim 17 3 Defects.') 3 I PlfferinL Subsurface or Physical Conditions 4.2.3 (it\ im_ 17.1 Tests and Inspections _. _ 13.3 Varlation, Shop Drawirlo and Sample.................(;'7 Notice to Proceed — definition of 1 16 en in_ of _ L1CDC (_iIALRAL C(oNDI I K INS 191 o-S (1990 I Do Il01'I w (ITY I. Ft!RT CoLLIAS Vi �DIFICA nt INS iRFV 9`991 \otiIication to Surety lu i Ohwi- ations. by k7\61\1-:I:R , 6311, 9' Occupancy of the Work 5.15. 6. i+.-2.4. 14.1+J C)in issions or acts by ( ( )\TR\(:`C(:)R 6 9. 9 I i C)pen Peril policy Corral. Insurance (:)ptiurl to Replace.................................................... 14 \rticic or Paragraph \umber "Or Equal" hems _ _ o 7 ( )thee work 7 Overtime Work--prohlbition of _ 6 ( )\1 Accept' nce of4k' ctn•e \\ of k...........................1.3 13 appoint an E\(31\EEh___ as fiduciary 12-S 13 Availability of Land. responsibility_ _. 4.1 definition of 1 27 data. turmsh 8 3 \fad CorrectDefective Work .........................1.3 14 \1av refuse to make payment 14 7 May Stop the York I 10 \la\Suspend Rork. 7erntanale SS. 13 10, 1� 1-I5 4 Payment, make prompt.....................5 3. 14 4. 14 13 pett'otmance of other work .................................. 7 1 permits and licenses- requirements_ 6 13 purchased insurance requirements �.6-5.19 C)R`\ ER's-- Acceptance of the Work _ o 3U , Change Orders, obligation to execute ........... S.(i. ltl4 Communications S 1 Coordination of the Rork 74 Disputes. request for decision Inspections. tests and approvals _ _ 8.7. 13.4 Liability insurance \otice of Detects 13 I Reprrsentatiye--During Construction, 1-\(N\1+R's Status 9 1 Responsibilities -- Asbestos. PCBs. Petroleum. Hazardous Waste or Rachcrrctive Material S II I Chance Orders S1i ChanLes In the Mork 11)A communications S 1 )\TR-ACTOR's responsibilities__ evidence of financial arrangements inspections. tests and approvals S 7 Insurance SS lands and easements S 4 prompt pm-ment by S 3 replacement of E\G [\EEIt reports and tests.. _ S 4 stop or suspend Work S S. 13 W- I I terminate CO\TR.\(-T(Ws services separate representative at site ................._...........`> 3 testing. independent use or occupancy of the Work written consent or approval required 134 `. 15. 6.3(), 14. 14. d (1 1)1.63.114 si L.k•DC GI NlAAL 0UNDI lit0,', 19lo-8 (1990 EDI HoN) Article or Paragraph \um1wr written notice reyuirecf _ _ _ _ 7 L 9 4. 9 11. II'.119.147.ls4 PC` Bs -- definition of general 4 5 U\\NER's responsibihiN [or S.lo Partial I tilization-- (Icdinition of I IS general C, ;u _ 4. 14 11) Property Insurance _ _ _ _ _ _- ' l s Patent Fees and Royalties 6 1' Payment Bonds. `.I-� Payments. Recommendation of 14 4-14 7. 14 13 Payments to CONTrCA('T(.)It and Completion— :\pplicetlon fur Progresspayments 14 C( )N I R:> (' I'( )R's \\arrant• of litle 14.3 Final Application tier Pad'merit ..........................1.1 1' final Inspection _ _ _ 14 11 Final Payment and Acceptance 14 13-14 14 general 5.3. 14 Partial Utilization 14 lu Retainagc 14 Review of :\ppllcationN for Progress Pavmenis 14 4-14 7 prompt payment _ __. 8.3 Schedule of Values 14.1 Substantial Completion _. _ 14 5-14 0 \\ alyer of Clamis 14 Is when payments due. ....... .......... 14.4- 14 13 withholdm, pa�micnt _ 1.1 7 Performance Bonds I-S._ Perm its 6.13 Pell oleunl-- detinition of 1 jo general..............................................................4 C)\\NER's responsibility for _ _ S.111 Physical Conditions-- Drawinas of-, in or relating to 4 ' 1 FNGTNF.FR's review........................................4 _ 4 existing structures 4 — general _ 1 2 Notice of Differing Subsurtiice or. POSSIble Contract Documents Chan ,_�e _.. _...4.15 Possible Price and Times :\djustntents 4 6 Reports and Drawings ................... ................14 1 Subsurface and, _ _ _- 4 2 Subsurface Conditions 4 2 1 1 Technical Data. Limited Reliance by CONTRACTOR Authorized _-' 4 ,= I'nderaround Facilities— aeneral 4 3 Not Shown or Indicted 4 3 1 Protccuon of ..................................... . 4 3, o 20 .article or Paragraph \uniher Shown or Indicated _ _ _ _ 4 3 1 Technical Data 4 , PreCOn Stlli CtlOtl COnterenCe Preliminary Matters _ Pichminary Schedules : (i Premises. l se of 6.16-6.18 Price. Change of Contract I I Price. Contract --definition of I I I 111tviess Payment. Applications tor_ _ 14.E llri)�Iress Payment--retainacc _ 14.2 Progress schedule. CON I kAC"I Ok's -, 6- -, S. 2 9. 6.6629 .6.29. Iu.4, Project --definition of _ _ _ 1 31 Project Representative— GNGINTrR's Status DurutgConstruction _ 9 3 Project Representative. Resident --definition of 1 33 prompt payment b()\\\TR....................................5 3 Property Insurance -- Additional _ 7 general.S.6-5. If) Partial Utilization Is- 14In2 receipt and application of proceeds„„.........s 12-s 13 Protection. Satety and,,,,,,,,,,,6'D-6 _'l. 13 2 Punch I ist 14 11 Radioactive \laterial-- defintion of 1,32 generak U\\\'IiR's responsibility I'or8 In Recommendation of Payment 144, 14 ;, 14.13 Record I )ckuments 6.19. 14.1 2 Records. procedures for maintaining _.S Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 3 3 Regulation%. Laws and(or)................ I..................... r; 14 Rciectin , Defective Work 06 Related \\'ork-- at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals reyie�y , ci _ti Remedies. cumulative 17.4, 17 s Removal or Correction of!)e/actn•e \\ork_ _ 13 11 rental a_reemenls. O\\NER approval required 11,4.5.3 replacement of ENGINEER- by(MNER _ S.= Reporting and Resolving Discrepancies .................................- S. ; ; �. (, 14 _ , Reports -- and Drawmes _ _ _ 4 - l and Tests. O\VNl9- s responsibility _ _ _. _ 8.4 Resident and Project Representative -- definition of 1.33 provision tior..........................................................._93 ni I JCDC (ifALRAL C( oNDi Hum 191u-S U1I'lu I DI I Iu_") w c'ITY GF Ft!RT Ci!LLIAS Vi!DIFI<'Alli ASS ikf l' �`9l1 Article or Paragraph 'sumlxr Resident Superintendent. )NTRACT( )R'sn Responsibilities-- CONTR \CTOR's-in general 6 ENGME'R's-In general 9 Limitations on 9 13 (M TR's-in ecneral S Retainage 14, Reuse of I )oc um ents 3 7 Re%Ie\% by COSfR:a('TOR. Shop I)mwings and Samples Prior to Submittal 6_25 Review of Applications for Progress Payments 14.4-14.7 Right to an adjustment _. _ 10 Rights of \\ a\, 4 1 RoValtres. Patent Fees and ....................................._ 6 1' Sate Structural Loading 6 1S Safel\-- and Protection 4. ;._. o. 16. o. I S. 1, 7'. O' oeneral o -1n-o _13 Rcpresentati%e. t'O\TR:\('TOR's...................... G '1 Samples- - definition of 1.34 general .._ _ 6.24-6.25 Review by C(-)N 1 R_V— )R 6 '; Re\ie\%b\' E\(ilNf{liR(i.2(). ()'7 related Work 6 `S submittal of 6'4.' submittal procedures Schedule of progress _ _ _ _.o. = 8-2 9, fi.n_ __. 6'0 lit-4- I-1 Schedule of Shop Drawing and sample Submittals ' I. ............................ S_' 9, 6 24-6 IS Schedule of Values ' 6. 2 8-2 1), 14 1 Schedules -- Adherence to 1 1 \djusttng _ __ _ ii.b Chance ol"Contract Times l(i 4 Initially Acceptable Prelim inary 16 Scope of Changes Subsurface Conditions _ _ _ .. 4.:.1. ] Shop Dra\\tn s— and samples. general 6'4-6-_'S Change Orders L Applications tier Pa\'ments, and 9 7-9 9 definition of _ _ _ _1,;; li\(ilNl:HR's approval of _ 36' EN(;lNEER's responsihilitv for re%te\% 0 7. 6'4-6 'S related \\,ork h -IS I eview procedures ................................ 5. ti 24-(2S Article or Paragraph \umber submittal required _ _ _. _ _ 6 24.1 Submittal PI0CedllrCs ......... ...... I ....... ,....... 6'; use to apIII'OVO suhstituttons _ _ 6 7 3 Shown or Indicated 4 3.1 Site Access 7.1 13.2 Site (`Iranitness ._ _- 6 17 Site- Visits to-- h% others 13 "special causes of loss" policy form. insurance _ _ _.. _ 5.6.� definition of _ _ _ 1 36 Specifications— deGnalloll of _ _ 1 36 of Technical Societies. reference to 3 3 1 precedence ......................................... , 3 3 Standards and Specifications of Technical societies 33 Starling Construction. Before -' Starting the \\'ork 4 Stop or Suspend \\ of k-- by CO\7R:WTOR........ ........................ ...........1;-; h% O\\'NHR S S, L3 W, l i t Storage of materials and equipment _4.1. 7._2 Structural Loading. Safel\ 6.I8 SL _KX)n1rael0I -- Concerntne. definition uC 1 37 dela\•s 12 \%ai%er of rights _ _. _ o.11 Sulxontractors--in general 6.S-6.1 1 Sulx.ontl acts --required pro%isions_ _ I I. 6 I I. 11 4 3 Subm Ittals-- Applications for Payment .................................. 14 \latntenance and Operation Manuals_ 14 1' Procedures .... .. ...................... .................. Progress Schedules 16. 2.9 samples _ _ _ _ _ _ 624-6'S Schedule of \'clues_(i. ..................................... 14 1 Schedule of Shop Drawings and Samples Suhmissions Shop Dra\%ings _ _.. o.:4-6.:5 SUhStanllal (_'ompletlun-- certitication of o 30' 3- 14 5-14 9 definition of 1 38 Substitute Construction Methods or Procedures- 6 7' Suhstitutes and "Or hqual" Items_ 6 7 ('ONTRAC'TOR's Expense 6.7.1.3 I-'V;INH. ,WS PA'aluallnn _ b 7 ( )r-Equal" ii 7 1 1 Substitute Construction Methods LJ('D(' (;I NlAAL 0UNDI lit 0,S 19lo-8 (1990 EDI HoN) Article or Paragraph Number or Procedures .......................................... 67 2 Suhstitute Items 67 l.^ Subsurface and Physical Conditions_ I)ral%"in_s of. in or relatn_ to 4.2.1.- 1-I'MANFER's kme\c _ _ 4 -, a 4 1 Limited Reliance by CONTRACTOR Authorized 4 Notice of Differing Subsurface or Physical Conditions 4.2.3 Physical ('onditions _ _ _ -. 4 1 Possible Contract Documents Change _ 4.2.5 Possible Price indTimes Adjustments 4 _ 6 Reports and I)rawimas 4 2 1 Subsurf.•lce and ................................................... 4 , Suhsurface Conditions at the Site 4 l 1 Technical Data Supervision— C( )NTR\( JOR's responsibihly o O\\\hk shall riot superl'Ise„ ............................... i\.9 FNGINF.FR shall riot supei\ rse................'),' `> 13 Superintendence. _ _ _ _ _ _ _ _ 6 Superintendent. C'ONTFCA(_'TOR's resident n, Supplemental costs Supplementary Conditions -- definition of 1 39 principal references to.... ....... I 10. l l S. , ^_. -.7. 42 43. S I. S ;. S4. 56-SQ 5.I 1. 6. N, 6.13. 7.4. N.1 I. 9.3. 9.1H Supplementing Contract Documents _ _ 3.6 Supplier -- definition of 1 4D principal references to 7. a, 5, n S-6 11. 6 20, 6 24- 9 13, 14.1 Wailer of Riehts 6.11 Suret\"-- c:onsent to final payment 14 12. 14 14 FN('TrNFFR has nu duty to 9 1.1 Notification of I1) 1. 1(1 15 qualification of Surcical of Oblieations 6.34 Suspend Work. ( )\\\ ER May _ _ _ _ _ _ _ _ _ _ _13. l U. 1 S. I Suspension of \\`ork and Termination-- _ 1 CONT'R:ACTOR May Stop Work or Tenn irate 1 S S (M NP,R Mai• Suspend Work is I (AN-N R May Terminate 15.2-15.4 faxes--Pavnient by CO\'I'R:VTOR (i 1 S Technical Data— Limtied Reliance be CONTR-WTOR .4 Possible Price and Times Adjustments _ _ 4 6 Reports of Differing Subsurface and Physical Conditions v� 4.2.3 Temporary construction facilities _4 1 Article or Paragraph Number Term matron_ hv ('( )N'I'R:\('T( )R I bv O\CN1.1R S' 18. 1 1-1S 4 of 6\GtN1:L;R's employment 8.2 Suspension of \\ork-in general . Terns and Adjectives _ _ _ .._ .. _ 3 4 Tests and Inspections -- Access to the \\ork, by others 13 C( )N IRAC I ( )R's responsibilities J3 cost of 13.4 covering Work prior to _ _ _ _ 13 6-13 7 Laws and Regulations (or) . _ _. 13., Notice of Detects 13 1 ( M \ kk N lay Stop \\'ork 13 l l ) OWNER's independent testing ........................13 4 speeaal. required by F\GI\1:1iR 96 timely notice required _ _. _. 134 L nco\ Grin_ the\\ork. at FNGLNFFR's request llnles-- Chan,e of Contract 1 Computation of _ 17.2 Contract Tinles--definition of _. I. I1 day 17 Milestones ........................................................... 1 Requirements -- appeals _ 91u. 16 clarifications. claims and disputes _ J.11. 11._. l_ ("onrrnencernent of (`ontract Times _ 3 Preconstruction Conference ............................ , � schedules _ ................... . , _ , 6 696 Startin, the. Work 4 Title, Warranty of 14.3 F ncocerrm_ Work 13,5-13.9 Lnderground Facilities. Physical Conchtions-- dchnition of ...................................................... 1.41 Not Shown ci Indicated 4 3 , protection of _ _ 4 3, 6 21) Shown or Indicated 4.3.1 L nil Price Work— clarms _ _ _ _ _ I 1 1) ; definition of ............................ ........................1 43 general l 1 9. 14 1. 14 > t nit Prices-- aeneral l 1.3.1 Determination for 9 In l-se of Premises 6.16- 6 18. o3((' 4 I-'tiht� owners 6.13. r""; �(l. 7.1-7 3. 13 - I'lillzation. Partial 1.28. ; 1S. 6 ;O -.4, 14.11l \ alue of the Work 11 3 Values. Schedule of ._.6. _.S ,... 14.1 ......... ........ ........ LJCDC (_iIALRAL CotiD1110 S 19lo-S (199U I DI Il01'I w ('ITY GF F(!RT C(!I.I.IAS V(,DIFI('All("SS (REV' 9 91) Variations in \\ ork--\iinor Authorized 6 2 `, 6 '7, 9 Article or Paragraph \umber Visits to Sit.--b\' F.NGfNEER 1) Waiver of Claims --on Final Pavinent 14 1 \\giver of Rights hy insured patties ................ . \\'arrant\ and (3uarantee. General --by ('( )NTIO( `1'( )R (i 30 \\'arranly of Title. ('( )NTRA('TOR's 14 3 Work -- Access to I i-_' by others, 7 Chan_es in the I11 Continuine the, 6'') C'ONTRACT()R \ia\ 5top Work or Terminate 1 �. Coordination of 7.-1 Cost ul the, ................................................. 11 4-11.� definition of 1 4.; neulected be C( )\TR:\C'T( )R 13 14 other \\ork 7 (AVNER May Stop \\'ork _ _ _ 13 10 OWN RMia Suspend \\or k............ ........ 131t).l,;1 Related \\'ork at Site 7 1-7 3 Starting the, ' 4 Stopping by (A)NTICACTOR _ I i.> 5toppinuh\O\V\F,R _ -- _ 13.1-15.4 \ anatlon and deviation authorized, in mot 3.6 \\ork Change Oirectit'e-- clalnts pursuant to...........................................ln., definition of 1 44 principal references to 3.5.3. I(1.I-1U.' Written :\tn endm ent-- definition of 1 43, principal references to 1 l(. 3 5. � 11).15 11 6 6', 6 S'. G_ 19. D) 1. 1 u--1- 1 1 '. I l , 13 1 14 7' Written Clarifications and Interpretations _ _ _ 3.6.3.9.4.9.11 Written Notice Required-- b\ C()\TR:\(,TOR 7l. 9.1n-9 I Ili 4, 1 1.', 1-1.1 hvO\\\I{R 9 111-911. 111a, Il', 13 Iq sc LJ('D(' (;I NlAAL 0UNDI IIt0,', 191u-8 (199u EDI HoN) (.This page left blank intentionally.) �n I JCDC (ifALRAL C'( INDi Hum 1910-S U9(oo I D1I Iu-N) w OTY" I. Ft!RT CoLIJAS MoDIFICA nt INS IRF1' 9`9l1 GENERAL CONDITIONS ARTICLE i--DEPLNITIO\S \\ltereyer used In these General ('OndltIOtlS or in the other Contract Documents the following ternis have the meanings indicated which are applicable to both the singular and Plural thereof 1 1 .lcicknda--\\'ritten or graphic instruments Issued prior to the opelung of Bids which clarity. correct or chance the BIddim, heyuirements or the Contract I )ocuments IAgreement—'] he written contract Ietwcen O1\'\I{R <md CONI'RAC'lOR covering the \\'ork to to ra perfoted. other Contract Documents arc attached to the Ai reenicnt and made a part thereof as pros ided therein. 1 3 jq)hcution Ibr Pukmew--The first accepted h% F'NGI\I-:I:R which Is to he used by CONTRACTOR in rcquestmg progress or final payments and which is to he accompanied by such supposing documentation as is required by the Contract I )ocunncnts 1 4 Isha+stos--Aln ntatertal that contains more than one percent ashestos and is fi mble of is releasntg asbestos filers into the stir ahn•e current action levels established by the t lmted States ( )ccupxattonaI Safety and I-1eaIth AVIin Intstrautin 1 5 Riot —The offer or propo)sil of the bidder submitted on the preu gibed torn setting Huth the prices for the \Volk to be perlorned I o BuMing Doc uni nts--7 he advertisement or Imitation to Bid, instructions to bidders. the Bid firm. and the propoxd Contract I-ke.unnents iincludut, all :addenda issued prior to receipt of Bids). 1 7 Ridch;kk Requiranz nl.--The advertisement of Invitation to Bid utstructions to bidder. and the Bid for I S Bortcli—Performance and Payment bonds and other instruments of security. I o (-'hcmge Dater--:\ document recommended by ENCIt\liliR. %%hich is sit-med by CONTRACTOR and O\\'NER and authorizes an addition. deletion or revision in the. \fork. or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10 C'onlrac( Docunienls—The Agreement. Addenda (which pertain to the Contract Documental. CONTRAC1OR',) Bid (ineludinl_ n documentation accompanying the Rid and any post Laid documentation submitted prior to the Notice of Award) when attached as an eehibit to the Agreement. the Notice to Proceed, the Bonds. these General Conditions. the Supplementan ('ondluons, the Specifications and the Drawing; as the EK'DC (.;E',EKA1, Ck INDl71 vti5 191 U-8 11990 ti (ilia( ) w. CI -I ) i_rP IuR 1 (_MILLI NS VUDII-ICA'rfi NS (KLC 1 '_oo i1 same are more specifically Identified in the Agreennent. totmher with all Written .\ntrndments. Chanar Orders, Work Change Directives. Field Orders and E_NGC.\-ELR's nyritten interpretations and claritications issued pursuant to parigraphs 3.>. 3.6,1 and 3.6.3 on or after the Effective Date of the A\� reement Shop Drawi iL submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawmut , referred to in Ixtragraphs 4 ` 1 and 4.2.2 are not Contract Documents. I I c'unlrucl 147Cc-1 he monevs payable by O\\ NER to ('ONTRA('TOR for completion of the Work in accordance with the Conmict I )ocuments as stated in the Agreement (subject to the pro\ isions of paragraph 1 1 1) 1 in the case of I nit Price Work) 1.12. Conlracl Times -the numbers of clays or the dates stated in the Aareement i i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final lxtyment as evidenced by li\(il\I;ER's written recommendation of final pay nienl in accordance with paragraph 14 13 1 13 ( 'U,\'TRACTl )R-=the Ierson, f irnn or corpwranon with whom (AVNEk has entered into the Agreement 1 14 cli'Wtive--An adjective which when niodit"vinL, the word \fork ielers to \\'ork that is unsatistactor , tault) or deficient Ili that it does not confirm to the Contract Dauntents, or does not meet the requuentents of any inspection, reference standard test or approval referred to in the Contract Documents, or has heen damaged prior to ENGi\�FER's recommendauon of' final Iraynrent ('unless responsthility for the protection thereof has heen assumed by O1\'\-IR at Substantial Completion in accordance with Patagraph 14.5 or 14 11)j 1 1� DraimigN--The drawings which show the scope, extent and character of the \\'ork to he lumished and lxrli,rmed by C(.)\TR WT(:)R and which have heen prepkaied or approved by ENGINEER and are referred to in the Contract Documents. Shop dratyings are not Drawings as so defined 116 E(jrcllve Pate of the Agwe"leirt—The date indicated in the A,reentent on which it becomes effective. hilt it' no such date Is indicated it means the date on which the Affeement is signed and delivered by the last of the hvo Parties to sign and deliver. 1 17 FAC;1,\T7,'R--fhe person- firm or corporation nanied as such in the Aureenient. I.1S. F..VOL EER:r Consullunl--A person, firm or cortxmition haying a contract with EN(;1tiEliR to furnish scr ices as E\GI\T•,ER's inckPendent professional associate or consultant frith respect to the Project and who is identified as such in the Supplernentary Conditions. 1 19 Field Onler--A written order issued by HNGIXEER which orders minor changes in the Work in accordance with paragraph 9 S but which does not involve a change in the ('ontract Price or the ('ontrict Times. 120 General RegrrH€arenas--Sections of Division I of the Specifications 1 21 Hu_urclorrc li'uste-The tent I Iazardous Waste shall have the meaning provided in Section 10(14 of the Solid Waste Disposal .Act (4' 1 SC Section 69n3) as amended from time to time. I .".a. Lairs wul Regnlalions: Lairs or Re,gululrorr.r--:\m' and all applicable Ian's, rules. regulations. ordinances. codes and orders of any and all governmental bodies. agencies, authorities and courts having jurisdiction. 1.22.b. Legal Holulais--shall be those hulida\s ubserNed by the City of Fort Collins I.23. Lien., --Liens, charges, securit\ interests or encumbrances upon real proper or personal property 1 24 ,11ile.vione--A principal event specified in the Contract Dcxuntea,; relating to an inlerinediate completion (-Late or time prior to Substantial Completion of all the \\'ork. 123 \Once of Airarci--.a written notice by M\ M-IR to the apparent successful bidder stating that upon compliance by the apparent successful hidder with the conditions precedent enumerated therein, within thin time specified. O\\NER n Ill sign and deliver the Agreement 126 \Wic•e to Proceccf--.-\ written notice given by OWNER to CO\ I*kA('TOI: (with a cop) to FNGI\H-R) tivng the date on which the Contract Tinies will commence to run and on which COM RAC 1'0k shall start to pcitonn COtiTR:\CTOR'S obligations under the Contract Documents. 1 27 ()lFYFR--The public laxly or authority, corporation, association- firm or person with whom CO\ l'R_VTOR has entered into the :\grcenient and for whom the Work is to be provided I -'S Pumal t_:tili--ution-t_-se by (MNER of a substantially completed part of the 1Cork titer the purpose tier which it is uvended (or a related purpose) prior to Substantial completion of all the Rork 129 Pi'Bs-Pohchlorinated hiphen is 1 30. Peooleunr--Petroleum. including crude oil or am' fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Falarertlheit and 14 7 pamds per xµiare inch absolute')_ such as oil_ petroleum. fuel oil, oil sim.Le. oil refuse. gasoline. kerosene and oil nwwd with other non-Ilazardous \Castes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the (Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents, ents, 1.31a. Ruchouctrye .11ulenul-Source, special nuclear. or byproduct material its defined by the Atomic Energy :\ct of E I('DC c 7EXl•:K.-U. CoNIN 1-10'IS 191 n-g 1199(i Editmi ) %% (I I'Y uF I'( iR F C(ALLI3'S Mt )DIFICA IICNS HUA r '-VUU i 193.1 (4_' 1. SC Section 'U 11 et wq i as amended from time to time 132b Rr_gukar_Ii'oAW< KHours--ReUUlarworking -hours are defined as 7:0(1am to o!)Ojliim unless othentisc s s�eeitiedl_in the General Requirement., 1 33 Resrdern Pioleel Reprasentatne--The authorized representative of ENGINEER who may be assigned to the site or ari purl thereof, 1.34. Saniples--Physical examples of materials. equipment. or workmanship that are representative of some portion of the Work and Much establish the standards by which such portion of the Work will he judgcd I Ii; Shop 1>ruidings--.all drawings, diagrams. 111ustruUons, schedules and other data or information which are specifically prepared or assembled by or for CON'FR--\C'TOR and submitted b_y CON rRA( T()R to illustrate some portion of the Work 1 .''6 Specification-;_ Those poi-tmns of the Contract I)ocumenls consisting of written technical descriptions of materials, equipment. construction s\stenms, standards and workmanship its ;applied to the \1 ork and certain administrative details applicable thereto 1 37- Suhconnuctnr--Ati individual. bent or corporation haying a direct contract with ('O\"I RAC fOR or with ern• other Subcontractor tar the performance of a part of the Work at the site 138 Substuntiul Conipletion--The Work (or a specified pan thereof) has progressed to the point where, its the opinion of F\Gl\EHR as evidenced by E\(Ji\I:piR's defmitiye ceitificate of Substantial ('ompletion- It Is sulliciently complete. in accordance with the Contract C)ocuments, so that the 1Coik (or specified pa[1can be utilized for tile purposes e tier which it is intended. or if no such certiticate is issued, when the Work is complete and ready tier final payment as evidenced 1w F.NGf\TER's written recommendation of final payment in accordance with paragraph 14 13 The terms "SUbSt; int I a I 1v complete" and "substantially completed" as applied to all or part of the Work refer to Substantial ('onipletion thereol 1 39 Supplenientnn Ccjmhlions-The pYirt of the Contract DOCUments which amends or supplements these General Conditions. 1.40. Supplier-:\ manufacturer. lubricator, supplier. distributor, matenalnhan or vendor having a direct contract with CONTR-ACTOR or with ari Subcontractor to furnish materials or equipment to be incorporated in the. Work by C( )\TR:\C`fOR or any Subcontractor. 1 41 (.17cl1-gr0r1u1 Facilities —All pipelines, conduits. ducts. cables, n'ires. manholes, Vaults, tanks, tunnels or other such facilities or attachments. and any encasements containing such facilities which have been installed underground to famish any of the billowing, services or III aterlak ekctricit - eases, steam, liquid pelroleunt products. telephone or other communications. cable television. sewage and drainage renewal. traffic or other control systems or water 1 4' l'nii P9ieo Work —Work to he liaid for on the basis of unit prices. 1.43. lVoik--The entire completed construction or the carious separrteh Identifiable parts thereof required to he furnished under the ('ontract I )ocuments Work includes and is the result of performing or furnishing labor and furnishin; and mcori-orating materials and equipment into the construction. and performing or fumishirL wn ices and furmshin, documents, all as regwred by the Contract I )ocunlents 144 11'o)k Clwn.ize Oirective-A written directive to CONTRA(C7OR. Issued on or Utter the EtYectle Date of the Agreement and signed by O\1'\I:R and recommended by ENGINIE.R. ordering an addition. deletion or revision In the Work- or respondins to difering or unforeseen physical conditions under which do \\ork is to he lxrtormed ris provided in prrn raph 4'_ or 4 3 or to emergencies under paragraph h'; A \\ork Chance Directive will not change the Contract Price or the Contract Fines, hurt is evidence that the pxtrtics expect that the change directed or documented h_ ;I Work- Change Detective will be incorlxxated in a subsequenth issued Change Orderr tollowiriL negotiations by the parties as to its effect_ it any. on the ('ontvict Price or Contract "limes ,IS - provided inpnragraph 1r1' 1 43 U nilen .-lnwndment--A written amendment of the Contract Documents. signed by (MNFR and ('(-)N'rR-\C7'OR on or atter the Ettective Date of the Agreement and normal) dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the ('ontracl I)cxarmenls ARTICLE 2--PRLLlNH..-U21 'MATTERS Delivery of Booth: I When ('ON FRACT( )R delivers the executed ALueements to O\\"\T[L ('O\"1 R:AC"IOR shall also delver to (-AVNE•R such Bonds as CONTRA("R)R Ina\ le required to furnish in accordance with paragraph i 1. Capie.s of Documents: O\\-\TR shall furnish to C( A_ FR \('TOR up to ten copies (Unless otherwise specified in the Supplementan Conditions) of the Contract Dcx:uments as are reasonably necessar\for the execution of the Work. Additional copies will be furnished, upon request. at the cost of reproduction. Commencement of Contract Times; ,Votice to Proceed. 23. 1 he Contract Times will commence to run on the thirtieth day rifler the Effective I )ate of the Agreement, or, EJ(.'DC (.; E', EK A1, Ck 1 N DI 71 vti5 191 U-8 11990 t:' dO wit l w. 0.1) I_M LOK1- 0 iLLI NS \ I UDI I I CA'rf i )SS (KL C 1 '_ m i l it a Notice to Proceed is green, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at an\ tine \vithin lhirlk da\s after the Effective Dale of the Agreement --4n no -event�vil� ecamnxttcr taittrr{rrlrr�hea-ttx iitie!"I \ Hftef the of kid openins or the thirtieth Jay alter file I-Rective Date of the Agreement. whichever date is earlier. Starting the IVork: ^ -t CON IRA( "R )R shall start to p erfornt the Work on the date when the Contract Times commence to run. but no Work shall Ix done at the site prior to the date on which the Contract Times commence to run. Before StaHing Cmmtruetion: 'S. Behxe undertaking each tort of' the Work. C()NTR.WTOR shall careful) stud\ and compare the Contract I)ocuments and check and vcril. pertinent figures shown thereon and all applicable field measurements CONRA("IOR shall promptly report in m-iting to E\(;I\lil{R and conflict, error. runbloulty or discrepancy which ('O\TRAC fOR may discover and shall obmnn a written interpreLttlon or clarification from l N(IINEF.R belote poxeeding with any Work affected thereby. however, ('O\TRACIOIx shall not he liable to O\\"\h:R or EN(iINF['.R IN lallurc to relxxt am conflict, error, ambiguity or discrepancy in the Contract I hx untents. unless ('( A I I<AC IOR knew or reasonably Should have known thereof 'ti Withm ten days after the Effective Date of the Agreement (unless otherwise specified in the (;cncral Requirements). CONTR:\('TOR shall submit to E\(.[\TER Nix reyie%y 'G 1 a preliminary progress schedule 1tdicat1110 the times (numhers of days or dates) for starting anel completing the carious states of the Work, including any \iilesmnes slecdied at the C'onhact Documents, 2 G_' a prelunutar} x.lxtilule of Shop Drawing and Sample submittals which will list each required subnuttal and the times for subnitting. rekiewmg and processing such suhmittal. o, I In no case will a schedule be acceptable which allo\ks less than ''I calendar dos for each review by Engineer. _ 6. , A lire ltill nar\ schedule of values fir all of the Work which will include quantities and prices of items aggregating, the Contract Price and \kill subdrvi(Ce the -Work into component parts in sullicient detail to serve as the basis for progress payments during construction Such prices \\ill include an appropriate amount of overhead and profit applicable to each item of \York. 2.7. Before ark \\'irk at the site is started. CONTRACTOR ft�wJ444--M R shall raeh deliver to ill, other I A NER. \kith copies to etlh-additld naT-+ttsurcd Identified in the Supplementary Corxlaions k\(;INk'I R. certificates of insurance (and other evidence of insurance which er ttftr aeklH+c�nt+I—ire ttrcfl- ntet+ rettsonab y--request requested b\_- ( M-NLR) which (%)\TRACT()R-anek3ll--X;hTk�respefrspeoiveIy tire is required to purchase and maintain in accordance with paragraphs �, T. S6 rand i 7 Preconstruction Conference: S. Within twenh days after the Contract 7 series start to ran" but before anw \Cork at the site is started, a conference attended by (' )NT1L•\CTOR. ENGINEER and others as appropriate will he held to estahlish a working understanding anon= the parties as to the Work and to discuss the schedules referred to in paragraph _ 6, procedures for handling Shop 1)rawinos and other submittals processing .-Applications for Payment ;and maintaining required records Initiall t' . I cceptable Schedules: ,S) I'nless Otherwise provided in the Contract Dccunlents. 444k-fir,t Application for Payinent before anv work- at the site Iwnns, a conference attended by CON I RAC Av I:N(;INFkR and others it,, eplxt>pf mte designated hw ()1C\1 R. will he held to rewic\w for acceptability to INIiF.R as provided below the schedules submitted in accordance with paragraph'6 and Division I - General Requirements ('O\"I K:\(`I OK shall have an additional ten d:(�s to make corrections and adjustments and to complete find resubmit the schedules No progcss lxi\micnt shall he made to CONTRACTOR until the schedules are subntitted to and acceptable to I-;\GINP+.R as provided helOw The progress schedule will he acceptable to PNGI\FFR as providing, an orderly piog,ression of the Work to completion \within any specified Milestones and the Contract Tortes, but such acceptance will neither Impose on GN(;fNFFk responsibihty tux the sequencing. ,,che(lullnL or progress of the )Cork nor intert'ere with or relieve (`UNTR:\C'"I )R tionl (' )NTRV`P)R's hill responsibility therefor. C'C)NTRAC'TOR's schedule of Shop Dra\\ing and Sample submissions \till be acceptable to FNGI\F",F.R as providing it workable arrangement tit reyiewuag and processing the requu-ed submittals (Y)\TR CI OR's schedule of value- will be acceptable to L•-NGINTFR as to torm and substance ARTICLE 3--CONTRACT DMUNILNTS: INTE\I', AM ENDING, REUSE. Intent: 31 The Contract Documents comprise the entire ageement between (? VNER and CON TR [TOR concer-mv, the \Cork, The Contract Documents are c•,omplementarv. what is called for by one is as binding as if called for by all. The C'ontraet Documents will le construed in accordance with the law of the place of the Project. _ It is the intent of the Contract Documents to E I('DC <7E.M•:K.-11. CoNIN 1-10SS 191 n- 1199(tEditim ) %% (I IY uF I'UIZ F CULLI NS NtUDIFICA 11(NS n(Lw I '-ouU t desctibc it functionally complete Protect (or lrut thereof) to be constructed in accordance with the Contract Documents. .any Work. materials or equipment that may reasonable he inferred from the ('ontract Documents or from prevailing custom or trade usage as being required to produce the intended result will he furnished and perfornied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents .hilI Ix Issued by I-\(fIS1•;I:R as provided in paragraph 9.4. 3.3. Reference to .SYantdardv and Specifications of Technical Societies: Reporting and Resolving Discrepancies: I Reference to standards, spCcitications, manuals or codes of any technical soviet\, organization or association, or to the Laws or Ke"Lliations of any sowernmental authontw. whether such reterenCC he specific or by implication. shall mean the latest standard specification, manual, code or Laws or Reg.1l121LIMI ; in effect at the tulle of opening of Rids (or. on the Infective 1)ate of the Aercenaent if there were. no Rids). except as may be other use specifically stated ua the Contiaci Documents 3;'_ It durins the performance of the Work, CON' RAC 1*OR discovers any conflict, error, anibiguity or discrepancy within the Contract I )oeuments or between the Contract I kxuments and any provislun of arc\' such l.a\v or Regulation applicable to the lerfonnance of the Work of of any such standard, specification, manual or code or of anw instruction of atn Supplier reterred to its paragraph 6 >. ('( ATRA( `I OIZ shall relxtrt it to FN(;INEFR in writing at once. and. CONTR:\CTuR shall not proceed \with the \Cork affected thereby (except in in emergency is authorised by paragraph 6.21) until an amendment or supplement to the Contract Douments has been issued by one oC the methods indicated its furagraph 35, of 3 6. provided. however. that C'O\TRAC'TO1Z shall not he liable to C)\\-\ER or FNGINFFR for failure to repOrt any surly Conflict, error. amhiguity or discrepancy unless ('O\TI2.-A('TOR knew or reasonably should have known thereot 3.13. Except as othemrw speciticllk stated in the Contract [)oeuments or as may be provided b\ amendment or supplement thereto issued by one of the methods indicate( in paragraph 3S or 3 o the provisions of the Contract Documents shall lake precedence in resolving any conflict. error. ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of am such standard. specification. manual, COLIC or instruction (whether or not specificalh incorporated by reference in the Contract I )OcumentsY or 3 3 1' the provisions of any such Law% or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Rey*ulation). 3. 3.4. In the event of conflicting or ambiguous pr�siorls within the Contract Documents, specifications \will take precedence over the dra\wines anal_ )rdd-endq \±ill tale precedence—on__er both, Notwithstanding the foregoing the more slxcific pro\ tsi m_\� ill }ale pji; redence_o) or the les _specs ic; the more str_-inoent will take _precedence over the less stringent. the more exlxnsiwe itenn \\ ill take precedence _er the -I_cts exTensi\ e Onfill _drawing."-, figu re(.. precedence_ over scaled dimensions Seahnrt of dimensions, it dune, is clone at the CONTRACTOR'S Own risk No provision of any such standard, specification, manual_ code or instruction shall be effective to change the duties and responsibilities of OWNER, COM'R:\(TOR or I;N6lM,lik_ or any of their subcontractors. consultants, agents or employees from those set birth in the Contmet Documents. nor shall it he etfectt•e to assign to (MNFI:. ENGINEER or any of FNGi\Fi R's Consultants. agents or emplo\•ees any duty Or authority to supervise or direct the furnishing or performance of the Work or an\ dot or authority to undertake responsibility inconsistent with the provisions of paragraph 9 13 or any other piowlsion Of the Contract Documents 3 -t Mienevei in the Contract Documents the terms "as ordered" "as directed" "as required" ".'IS allOn•ed" "as approved" or terns of like effect or import are used or the adjectives "reasonable" "suitable" "acceptable" "propel" or "satist icton" or adjecti\cs of like eltect or import ❑re used to desdrlbe a requtrement dlrci tion review or judgment of ENGiNEER as to the \York. it is intended that such requhcnlent, direction rewiecw Or judgment Will he solely to evaluate, in general. the. completed Work fix compliance \with the requirements of and inli\rmation in the Contract Documents and conformance with the design concept of the completed Project as a tunctioning whole as shown or indicated in the Contract Documents ('unless there is a specific statement indicating otherwise'i The use of any Such term or adjective shall not be effective to assign to LN(;f E'ER any duty or althorn to supervise or direct the fumishing or performance of the Work or any duty or authorit to undertake responsihilit contras to the provisions of paragraph') 13 or an\other provision of the Contract Documents. . Inrenr6ng and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions. deletions and revisions in the `.Cork or to modify the terms and conditions thereof in one or more of the Cullo\wrm_ ways. 3.i 1. if formal Written :Uiendrnent. 3.?.'. a Change Order (pursuant to paragraph lu.-t), or EK'DC(.; ",EKA1.0INDI HoNS 1910-8 0990 F(iliow w. 01) i_rP LOKT t-'ULt.iNS V(UlIl CA1li \SS (KLy 1 '-lio l 3 3 a \Volk Change Directive (plasuant to paragraph 10 1) 3 o In addition the requirements of the Contract Documents mac be supplemented, and minor variations and deviations in the Work may he authorized- in one or more of the fbllowine ways. 3.o. 1. A Field ( )rder (pursuant to p tragraph 9.31), 36 2 EN(; NFEWs approval of a Shop I)rnwing or Sample (pursuant to lxuagraphs 6.20 and 6'7, or 3.6.3. FNGI\LFR's \\Fitton interpretation or clarification (pursuant to Inragrtph 9 4) Reuse ufDoc•uments: 3.7. CO\'l KA(I OR. and any Subcontractor Or Supplier Or other person or organirltion perlornitnL or furnishine am of the Work under a direct ur indirect contrnet with OIVNF:R 61 shall not have or require any title to or ownership rights in any of the I )r:nwings, Specitications or other documents (or copies of any thereof) prerlred by or hearing the seal of f,.NGINI-+K or ENGINF.ER's CoasulL• lit. and (iij shall not reuse anv of such Drawmas, Specifications, other documents Or copies on extensions of die Project or an\ other project without wrmen consent of*( )WX­ER and ENGINEER and specific. \written l erification or adaptation by IdN(;I\FFk ARTICLE 4--AVAILABILITV OF L:L\tiS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE: POINTS . Ivailabilifly of Landv: 4 1 ( )\VNLR shall fiu-nish- as indicated in the (`onliact D(xuments, the lands upon which the Work is to be performed, tights-of-«aN and easements lot access thereto. and such other lands which are designated fir the use Upon reasonable wrliten request, E)N-�� 4hei1�<tritiSlt�=''r)!"f1L-l�'T(->K— wtth—tt—e(�tet statement of record legal title and legal description of the lams upon which the Work is to he performed and ON1I:R's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands In adcordiind .--wtth--appitcable--4,Hws,—Hod--Re?_4ttkn4 OWNER shall ldenllf\" all\ encumbrances Or restrictions not of general application but slxcifically related to use of lands so funushed \with \which CONTR-\CTOR will have to comply' in performing the Work latsements for Ni-manent structures or permanent changes in existing tacilitics will be obtained and paid for by O\VNGIL unless otherwise provided in the Contract Documents. If ('O\TRACTOR and O\\'\LR are unable to aLree on entitlement to or the amount or extent of any adjustments in the Contract Price or the ('ontract Times as a result of an\y delay in O\1'\I;R's turnishm, these lands, ri,hts-of- way or easements. ('ONTR-\(TOR maw make a claim therefor is provided in Articles i i and 1' ( X )N FR:\('TOR shall provide tier all additional lands and access thereto than ma} he required for temporal-, construction facilities or storaue of materials and equipment y 4-2- Subsurface and Ph1.4eal ( 'ontitions:• 4, I Repott� and Diuuvkre %. Reference is made to the Supplementan Conditions for identification of 4 ' I I ('uncirlinnc: Those reports of explorations and tests of subsurface conditions at or continuous to the site that have teen utilized by ENGINEER in preparing the Contract Documents. and 4.2.1.2. Pin sisal ('unditiuns: 'I hdne drat in_s of physical conditions in or relating, to existing surface or subsurface structures at or contiguous to the site (except t nder round Facilities) that have been utilized by ENGINEER in prel curing the Contract I)ocuntents 4 -' Limited Reliance by ('o-V17R.1('7 M Atitho i-cd: IeCI tidal Data: CO\I RACIOR may rely upon the general accuracy of, the "technical data" contained in such repx)rts and drawings, but such reports and drawings are not Contract Documents Such "technical data" is identdied in the Supplementary Conditions Except fix such reliance on such "technical data". C( )\"I RAC I ( )R may not rch upon or make anv claim against O\\ NEIv E\GI\h;h:R or am• of ENGI\I:ER's ConsulLants with respect to 4 -'._ l the completeness of such reports and drawings ti)r CONTRACTOR'S put poses. including. hilt not limited to, am aspects of the means.. Methods, techniques, s.quences and procedures of construction to be employed by C( )NTR\( "TOR and s,itety precautions and proranis incident thereto. or 4.2.2.2. other data, interpretations. opinions and information contained in such reports or shown or indicated in such drawings, or 4 ' 3 any ('()\TILAC'TOIt interpretation of or conclusion drawn tioni any "technical data" or ari such data. interpretations. opinions or information. 4 3 3 \)rti e o/ Dillem g Subsea%ice or Pht-Nic•ul Cunciitiurrs: if ('ON FK C'l (_)K belmes that am' uilisurlace or physical condition at or contiguous to the site that is uncovered or revealed either, 4?. 3.1. is of such a nature as to establish that am"technical data" on which C'ONTR-WMIZ is entitled to rely as provided in paragaphs 4.2.1 and 4.12 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract I )ocuments, or 4.2- 3 3 d iflers materially tram that shown or E I('DC (7EXt•:K.-U. CuNDI TI0"S 191 n-g 11990 Editim ) %% (I I'Y uF I'(Q r CULLI3'S \IUDIFICA 11(NS HUA I 'oum indicated in the (`ontract I)ocunients, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally rec01rtizrd as inherent in \Mork of the character provided fOr in the Contract Documents, then cm -I IL-\('T( )R shall. pet mpt�v immediately after hecunun_ aware thereof and before further disturbme conditions affected thereby or Ix•rforming any Work in connection therewith (exeept in an emergency as penmitted by paragraph 6 23). notify O\\ Nh;R and ENG1N-EER in writing about such condition. CO\ I R-\CTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. E:\OL EER's Reviear: ENGINEER will promptly review the pertinent conditions determine the necessity of ( AVNER's obtaining additional exploration or tests with respect thereto and advise ( )\\'NER in writms (with a cop\ to (,O\ IRAC I OR) of h.N(;I\EFR's findings and conclusions 4' � Possible COWIuct Duc•rmww.N Chugge: If F,WHNT:1,,R concludes that a change in the Contract Documents is required as a result of a condition than meets one or more ofthe categories in for agraph 4 3. a \\'ork Change Directive or a Change Order tdill IV issued as provided in Article lu to reflect and document the consequences of such change 4 2.6 Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Tunes. or Ixuk will be allowed to the extent that the existence ill such unconged or revealed condition causes an increase or decrease in CONTRACT( R's cost of. or wrie required fix performance of the \\ ork. subject. however, to the li)llowing 4.2.6.1. such condition must meet am one or more of the categories descrihed in Iwagiaphs 4. 3 1 through 4 `- 3 4, inclusive. 4' n'_' a change in the Contract DOCUrnents pursuant to p aragiaph 4 'S will not Ix run automatic authorization of nor a condition precedent to entitlement to ari such adjustment. 4 3 6 3 with respect to Work that is paid) for n oa fiml Price Basis. am adjustment in Contract Price will be subject to the provisions of 1-mragxaphs J, 111 and I l 9, and 4.2.6.4. C'ONTRACT( )R shall not be entitled to any adiustment in the Contract Price or Times if, 4 ' 6 4 1 ('(_)\TRAC'TOR knew of the existence of such conditions at the time CMFR AC FOR made a final commitment to O\\-\ER in respect of Contract Price and Contract 'fumes by the submission of a bid or becoming bound under a negotiated contract- or 4 ' 6 4 ' the existence of such condition could reasonable have teen discovered or revealed as a result of my examination. ineestiaalion. exploration. test or stuck Of the site and continuous areas required by the Lidding Requirements or Contract Documents to be conducted he or for C( )NTRA(`TOR prior to ('()NTR.-AC'T( )R's making such final commitment: or 4 2 6 4- COM1%.AC P )R titled to rive the written notice within the time and as required by paragraph 4.2.3. It O\\'NE:R and CO\TfL\CTOR are unable to agree on entitlement to or as to the amount or Icnsth of any such equitable adjustment in the ('ontract Price Or Contract times, a claim may he mmnde theretor is provided ❑) Articles I I and I However: MVV.'R. ii\.61\EIiR and liN(;I\I:I:R's ('onsultants shall not he Itahle to ('O\ I RA(' fOR for ari claims, costs, losses or LLinwes sustained be (`O\T iz.vi3OR on or in connection myith ane Other project or anticipated project 4.3. Physical Cowitions--1'nderground Facilities. 4 ; I Slrowr nrinc�'Oal ci The information and deta shown or Indicated in the Contract Documents with respect to existing 1_"nderground Facilities at or contimous to the srle is based on information and data furnished to O\\-\F.R Or EVIII[\T:ER he the owners of such Undergrounol Facilities or by Others 1_"nless it is Otherwise expressly provided in the SupplenictWin Conditions: 4 1 1 1 O\\'NER and ENGINEER shall not lc responsible tot the accmacor conmpleteness of any such inforration or data. and 43 12 The cost of all of the ti)llowing iyill be Included um the Contract Price and CONTPc,ACT(-)R shall have fill responsibility for (i) reviewing and checking all such information and data, (lil Eocatinz all I_ nderuound Facilities shown or indicated in the Contract Documents.6iil coordination of the Rork with the owners of such 1--ndergiound Facilities during construction. and (iy) the vafctx and protection Of all such lndergmund Facilities as provided in ]riragraph 6 Dt and repairing any damage thereto resulting from the Work. 4.3.2. %01 3l701177 or Incliraled. If an Underground Facilite is Uncovered or revealed at or contil,uous to the site which was not shown or indicated in the Contract Documents, CON] R.-\('TOR Shull, pronmptly immnmedi_a_tely after becoming aware thereof and before further disturbing conditions affected thereby Or lierformiriL any Work in connection therewith (except in an enmergency as required by paragraph 6.23). identify the owner of such 1 nderv,,round Facility and EK'DCGE\EKAl, (•diNLit"I7vti5 1910-811990 F(tit iai) w. CI 1) i_rPLOKT(_'ULLI\SV(Ull-1CA'r1ir\S(KL\'1'_m i) ­iee written notice to that owner and to (_)\\ NEiR and ENGE\EER E-\'GP\-E FR will prompth 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 consequences of the existence of the t ndergrouncl Facility If H\G[NFER concludes that a chance in the ('ontract Documents is required. a Rork ('hange Duectiye or a Change Order will Ix issued as provided in Article D) to reflect and document such consequences. During such tinmc. ('ONTRA( -P )R shall Ix responsible for the s fety and protection Of such Underground F-icillte as provided in paragraph 6'u (`O\TRACT( )R shitEl max be allomxed an increase in the Contract Price or an extension of the Contract I inures. or hoth, to the extent that the\, are attribu Mile to the existence of am I nderground"Facility that was not shown or indicated in the Contract Docunicnts and that C( )\ FRAC 'fOR did not know of and could not rLisonahly have hccn expected to he aware of or to have anticipated. D AVNEK and ('(.)\TRA('TOR are unable to agree on entitlement to or the amount or length of am such adjustment in Contract Price or Contract Times, CO\'I'RAC tOR ninny make a claim therefor as provided in Articles 1 1 and l However, A\ NER, F.NGN FR and ENGI\FF,R's Consulmrits shall not IN. liable to C( )NtRAC I' )R for an\, clainms, costs, losses or damages incurred Or sustained by C( )NTRACT( )R on or in connection With any Other project or anticllxtted project Reference Paints: 44 AV\P,k shall provide cngineering sun,c\,s to establish reference points for construction which m ENGE\TER's judgment are necessan tO enable CON I RAC R)k to proceed with the \\'irk CONTFcAc'EOR shall be ieslxbnsihle ti)r lazing out the lhork, shall protect and presene the established reference txxnts and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR Shall report to E\GI\T:ER whenever an} reference point is lost or destroyed or rc�cluires relocation because of necessan changes elm glades or locations, and shall he responsible for the accurate replacement or relocation of Such reference points by professionalh qualified personnel 4.5. .Isbestos. PCF3.s, Petroleum Hazardous 11 a.sle or Radimeti•e Material: 4.�.I. ORNEK shall tie responsible for any ASbeStOS. M TS, PCIrolennm. hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drama--s or Sliecilicalions or identified in the Contract Documents to be mvithin the scope of the Work and which may present a substantial danger to persons or property exposed thereto In connection with the Work at the site OWNER shall not he responsible for am such materials brought to the site bx CO\TkACIOR. SLII-ContraCtOrS, Suppliers or anyone else for whom I'ONTRACTOR is responsible. 4 5 _'unmcJiutely (il stop aN 4tiE?r{:-+n E;erTnrE:)aE>rT�+thyxis:#t�ttttttrEk�us c E3nEl+{+etrttnEl in-HFW area alieetetlAhereby +exccyx-ifTnn-etnef`enry esregtiireJ—b? - f amgrttph4 ttnE4- +F t+kt (144 �Irttrxa F �+7i i:[ Ire FttrTt1�13efeHltrr-ktonitrra such notice in writing) OWNER shall promptly cortsult with F.NvINFER concerning the necessity for CA NGR to retain If qualified expert to evaluate such ktrTraf�aeus-eE nditicxr ��r�ake Err tivr ac{ion,-if-rtnv. CON IKA(_ TOR shall not he required to rescnne \4o>rk tin E:E)FTnet'{Tan-with -such-hatw ki++S t'E)F+EItF1ETn )f iRftnv such a6NIec4 area antil after WVV,1 R ht+s t+4aiwj any required permits related thereto and delivered to C( Ti \t f<)fF spectra-writken nETkice-it/SpecifViiTg that-such-eEand+tlon-and any-atiec4edarea+,;of-ha4heen rznderecisate---fkA the-resurTTpxiExT�>t�4exk �)r Fiifspecifyirt unFsleE+aTcEr+ElitierTsunder�vlmtelTSrueh 44ark-maw Ix iunTad;afety I f GWNNF R---4ind C�)NTit\t' f 3R-ear+fax iefee 4,. to-entitlenrent-to-or the --RiTTPant�lr�\i2`nl-gal--Rn-Rt_ 1,[S}nT2nt tf RnN', III ( tTtfacx-l�fire F (AlHiractt itTTes-its tr rrsuli-e+C-sueh 44 x•k qEi-j-,age -or-such 5lesial e< r+ litic tms urt:ler-whwh \\ txi -fs ft! reed-by-E'E i� iTta('i CiiC-to-4)e fcnWHe& either party may make a claim theretETr as prov+ded in Art+eie'r14-and-12- 4.i-.7;--4tL-a4e r-receipt-A-st+ei�specia�+v r rtten�mc�ttee CONTRACTOR does not t;aree to resume such wixk baseErrttrTsat �r iEk �tmE.t agreetE> reu+TTesaEh�4E>Fl-urTEkasuEl�cal e+and�?+T�il�n-C)44-N[=1:�ma�-arEkr�ttET>-partic�+T-��f the--V4Ex1-4hat-is-i+m--. ennect+eR -with -sack asktar laur c)>tahtfon-of= to-Ateh flit"ntetl-Rferrtt� le�ieletnt t+t�ttT [lTe�-4urk-lf-(�tA=4l-R-�ni ('4)N'I li-\4'-!'(dR cenTTrx agree as to entitlement to or the anrwnt or extent of an 14tuslrnetx. tf atw: titCcxTifact T-irmr: ati such port+o n-A)f-the44.xk-.- then either party may make a claim theieti)r as provided in :aftx;ie�l-t�trmE�l �—<-)141�f-K-rTTfrs�dmav�tirteh�kktrd p oition of the 14oik perfunned iiv M NFR's own tbrces or others Im accordance with :\circle 7 4-4 To the. Las":-HjId Regulations. (\4NF.R shall indeninih crap hold harIIIless 0 )NTR-A('TOR. ulx(xxractors, 6\=��{=�E[=R. ENCrf=�>�F{C'r-('E>mtTltant�-end- the otlicers, directors, employees. agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and kla nages ansirnu ait of or resultalg 111,811 such ha�tfclE+t+4eETrm(liiiE-Tr�preyiEleclt#Tat -(+;) arTy at+chE:aeim: c)sL Ices or damage is attributable to 1x)dily injury. sickness.-Ek-ZI or-Elrath iw to injury to kw-L: strriEtitm ()k-kttn_ible-pr<t)erky icEimer than the- 44E)rlk-itsel{l: including the Ions of use resulting therefrom. and ( if) nothing in this subparagraph 4.:1.4 shall obligate O\4NFR to indemnify any person or entity from and auiitfnF-khe-eExTsequenccrcTt�lTai per (ma- entity own negligence. ..',�,Rl�•. aj•,•l••{�.�s{xSha!i.�13ti:-P2tr<siett+Tr 4lfrtardc)as-44 rite-9E)rI"�aEliEx+cittr�-laErfia�ar+ca)yrrr.i or revealed at the Yte EI('DC (_;E.\FK.-11.CoNIN110"S 1910-31191MEditim) )y (I I Y OF I'(Q I C(ALLI VS Mt )DIFICA II(-)V , HUA I oom .UIT[CI.L S--BONDS 1.ND INSU1t-kNC[ Petfimnanee. P(ginent and Other Bonds: �.1. CONTR.-ACTOR shall furnish Performance and Payment Bon(IS, each am an amount at least equal to the Contract Price as securit} for the faithful performance and panment of all CONtk\CTOR's obli<_ations under the Contract Iocuments. These Bonds shall remain in effect at least until one year after the date syhen final payment IeeOmes' due. except as provided othenvrse by Lass•_ or Regulations or by the Contract Documents. C O\ I R.ACTOR shall also Burnish such other Fronds as - are required by the Supplementary Conditions .all Bonds shall he in the tbrm prescribed by the Contract Documents except as provided otherwise by Lasts or Regulation and shall be executed by such sureties as are named in the current list of "Companies Iloldino Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular i7n (amended) by the Audit Staff" Bureau of Government Financial Operations, t S Treasun- I )cpartment All Bonds signed by an agent must he accompanied by a certified cope uC such ag.nt's auduxity to act. If the surety on any Bond tiirnished by C'O\ I RAC I UR is declared a bankrupt or becomes insolvent or its ri,•ht to do business is terminated in any state where ari part of the Project is Icx ated or it ceases to meet the requi-mints tit' paragraph S-1, CO\TRACTOR shall within ten dayS thereafter substitute another Bond and surety. lx+th of which must be acceptable to (AN NER. 5.3. Licensed Sureties and Insurers: Certificates of Insurance: > , l All Bonds and insurance required by the Contract Documents to le purchased and maintained by (AVN-L•R or C'ONTILAC'TC)R shall be obtained trom surety or tnsurance conmlrmnies that are duly licensed or authorized in the jurisdiction in which the Project is lexated to issue Bonds or insurance policies ibr the limits and coverages so require(] Such surety and insurance companies shall also meet such additional requirements and qualifications as may he provided in the Supplementar Conditions, C( )XTRA( TOR Shall deliver to O\41L•R_ with copies to each additional Insured identified In the Supplemenlary Conditions. certificates of insurance (and other evidence of insurance requested by ( Ak-NLR or any other addaronal Insured) which C'C)N-CR.\C'T( )R is required to purchase and maintain in accordance with para7aph -; 4 (ri4NLR Shall ckhirr�E C_ > f�E \CTuIZ -with-oLjws--e--eaeh additional insured identified in the Supplementary CEorteiiti•^:•.•<fti4tEfttesE+D�ftsttran(�an(�Eot#Ter evidencrl>B+nst+ear+c,�+ccfuesteEFhy-<'t�.'stTjfaL'a�aR or -ails <sher-additi additional a R1.) which-4(4\V f:-rs ret.tuiI rcl iE lTuryhax a+xl nnTtintain fm acEca manse-w+th 1-oragraphs i (i and ? 7 hereof CONTRACTOR's Liability Imsvrance: -t CONTRACTOR shall purchase and maintain Such liability and other insurance as is appropriate for the Work heing. performed and furnished and is will provide protection from claims Set forth below which mac arise out of or result tIOill COM IILWTOR'S perlOrmance and furnishing of the Work and C'ONTR.-AC'TOR's other obhguUons under the Contract Documents. \whether it Is to he performed or furnished by ('O\TRACTOR- am Subcontractor or Supplier. or b\ amone directh or indirectly employed by any of them to perform or fumish anv of the \fork, or bw anyone for whose acts any of them may le liable �A I. clautts under workers' compensation disubilit\ benefits and other similar employee benefit acts. i -4' claims for damajacs hccausc of hcxlih' inlur\'. Occupational sickness or disease. or death of CONTRAC I OR's emrk`veeS; 4 clam\s fir clamnges because of hodily injury, sickness or disease, or death of anv person other than CON ,r R A("r OR's em pro} des: 4 4 claims lox diiinaaes ensued by customan peesetral-"utv-Ilalsiht�- CON erage NO re-sustNmed (0-by-mw-. stxs a <�IF�sf an�ften litaeEl\ der itIifecE�relaE<�d-t�Ehe-empk�menFIW (��Pi ITt-\(�r( 34:��r n r++l�-ttn�-tsther-rer�n�rFan4 xlxr f,-"o t: 5 4 3 claims for damages, other than to the Woik- itself because of uyul� to Or destruction of tangible property wherever located. includlulg loss of use resultrne therefrom. and > d 6 claunS tie danlageS because of beefily or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle The policies of insurance so required by this paragraph '; -i to be purchased and maintained shall a 7 with respect to insurance required by paragraphs 5.4.d through '5.-t.6 inclusive and 5A.9. Include -IS additional Insureds (subject to am Customary exclusion in respect of professional hubrhtN O VNER. ENUINEER. I'NGINEER's Consultants and am' other persons or entities identified in the Supplementary Conditions, all of \\'horn shall be listed as additional insureds. and Include covers e liar the respective officers and employees of all such additional insureds. SAS. include the specific coverages and be written for not less than the limits of liahilit\ provided in the Supplementary Conditions or required by Laws or Rcmilations, whichever is orcater'. S -1 9 include annpleted operations Insurance'. EK'L\C (.;E',EKA1, Ck IN DI "I1 vti5 1)1 0-8 11990 ti dings ) w. CITY i_IL LOKT 0 iLLINS \1( VII-ICA'rfi \S (KL\' 1 '_m i1 4 10 include contractual liability insurance. covering C'O\TRACTOR's indemnity obligations under paragraphs n 12. o 16 and n 11 through (;i 1. > 4 11 contain s provision or endorsement that the coverage afforded will not le cancelled, materially chanaed or renewal refused until at least thirty days priWwritten notice has been given to (M NER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the C'C)NTR.-AC P )R pursuant to paragraph ?.3.: will so pros• ide is 5.4.1 remain in effect at least until final payment ment and at all times thereafter when CM I I:A('1'OR may be correcting. removing or replacing Work in accordance with Ixirararh 13 1 and �,.-1 1 ; with respect to completed operations insurance, and an\' Insurance coverage written on a alarms -made hasis, remain in eft'ect for fit least two years after final payincnt (and CON I RA(' I OR shall furnish OAVXF..R and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to (AV NER and any such additional insured of continuation of such instance at final 1-nyment and one year thereafter) OIt A R'.s Liabilitl• Insurance: in addition to Insurance required to he provided by CONTRACTOR under paragraph 4, OWNER, at O\\\hR's option. may puichase and maintain at OWNER's expense (AVNL'R's own liability Insurance as will protect (A \ ;R against claims which may arise from operations under the Contract CkkumentS Proper!)' Insurtince: 56 Unless otherwise provided In the Supplemental)r' Condmons, CANER shall purchase and maintain profW4r ,-instrrtujeerrpo the W,4-n4he-ern-oum Of' the full replacement cost thereof (Subject to such deductible amounts its may he provided in the 5upplemrntar_v Conditions or required bw Laws and Regulations) This insurance shall. 5.6.1. mclude the interests of OWNER. ( ��NTrL-A(-'T(-31L—,SttliecxttraK:texS:--Eti<,I�;I:IsR E'Nt j N.-£Efi's -('onsulttmts-w fivy >theu jrrxxw -der entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shrill be listed as an insured or additional insured- 5.6.2. le wTitten on it Builder's Risk "all risk" or t\}xn�er�l-t��x«ntl-ctttt�:ese>Nosr; fxslic:+-fernrFhnt shot,, Mt lest F Iutlr nsttr�+rwe� pl3Esiettl loss -it) r eke+»rr=e te\-the\krsrlrtrtttpwarybu%1dtngs,4s4,.;ewor4,- itnd kyc�rle-in�runstF nndl-shAlAresureiteitireit-tit4etiSF the tollowmg penls tire- lightning, extend,-d coverage. tilt]. vandalism and malicious mischief: t++ri#+t{tf++kr cel}t+{ax khr}s rrnx+vA dem alitiori tccasiene,14w rn}<rtemrnt� l sews+++td-Reeaketierts. wett�damageant�suc�{atlnrr�aera ls-as--tna� l� st�c�t�rc++kly-ree�t+ifrd�ia-t}3r�;tt}�lenit+nil+ra(iant7itic+tt ..ti. include ex{xnses incurred in the repair or replacennent of any Insured property (including teat not limited�ca � e ane7 }+par rs �+�ztn=in�rrs-and architects). ?t :4; ctaver+t+atrriels a Jei{uip;nent sicced at the site or at another locstion that was screed to in writing by G WNEi.'-prior-te-a-beirve, i+xiar{xareteek-in-the 41af4,; pmvttk(tthnt mmer al<:-a+cketfu+pment-have-been tnc4uded-""m-.kppktefttttmfor-Rarymem recoviltme dud l N<llx l;l;R and E> 1x t»umta+ned to etleck�tnt+l ttnalfaymentfis Em�at1d?:['r" by i{�wit#c�k-�:#pa�thirty days' written ntltice to each--<Aher add+ttcanal i+rttnrc��trwlc>inra-to+tilitatr-ert�+nurar>te-Has �>c�rt tssttecl. 7 ( AVNF:R-s{m{I purchase and maintain such boiler ant}-r»atmite+�•-i+xurant>e�ar-Little.)ticanal��reap�erta••-itnst+rttnee as may be required by the Supplementary Conditions or laws tr+ca-Rc �t+}aliens InR H�vill-Inedrnf� the atteti sts-of' (Nbi a K A('-1-)R-Sulatont+aetors k3.-k�lsk } k�N(+l?. ki�;�'sl'tine:tile+atnis-atx�tany-.?Ehty-{�ersenuar�nt+ties tdent.)pied-t+>-t,`ae-Supfa4e+manta+r• ('enditicans-eaeh��4--whtarm is dt-, In+e(ltej have, an aistHaNe fillerest atxl sltafl tar lusted a an -insured or atkht+onal Insured k- AI} TIK p olwirs-el"-insta-ance (a+xl Ilk- eettif ieatr:-o other--ev4de+nce Ames+}-l--requited-to-be--pwchatsed-atcf l'v"e maintained by O:1Z in accordance with paragraphs ; ti anca � yt}I�t+niatrtt+-pr<�v+stctn-c>f�ndtxsrmrnF�hat the coverage itliarded will not le cancelled or matenally changed or renewal refused until at least thirty tfecs' prior written notice has peen Liven to <)14-NZR and (�:>\=F1� 1�T�3K�ncxl-te �Ii�at}nee--adthtttx�irnsuretl-te whom a certificate of insurance has been issued and will contain wmver provisions in accordance with taarrr=rr+pM �l-� 9 O141GIZ shall not be resptansnble for purchasInL and maintaining amproperty insurance to protect the Interests of C'O'ti I I LWTOR. Subcontractors or others in the Wi.ark-- to- the extentofeny-dek1uaible amot+r+ts-that tree identified in the Supplementary Conditions. The risk of Icass within -such will -be borne by (-'L3NTR \(-'T<)ii St+lcctntractixtF others.,utleri+ik! arty such lass and tl any of them wishes property insurance coverage within the limits of such amounts, each ma_v Ix+rchase and maintain it at the purchaser's own expense �.IQ. if CON'lRACIOR requests in writing that other sf+esitrl ir+titrrttt+s. He irncttclt cf�tx lknt� prepertit� ttranee {xa}+cues-preyicltxf�'";-partw__ra{>hr?E}c�a-�;-A«�A.l:ll yhfi if 7 'sib.eRntilude site" msurmne n„J-�-fit tlteFreal-will-be<}+u+r�ed �*�>�f R:aC l < )R��apprc?p+riatr ('hinge Order or Written :Amend+neat prior to E I('DC c+E.*,FK.-11. CoNIN1-10"S 191 n-3 t 19'1u Editiceu %% (I l Y uF 1 (Q F CU1_L13'S _%IUD1FlCA 11(NS HUA t 'Vum commencement of -the Work at tlne site. C)WN. R shall In wr4m-- advise COOT V-TOR insur-C-aV1`FRT 5J[4 ll irivevef4?iRh4s: ..1 I . I. ( 11 NF.R and )R intend that all px4lcaes purchased in accordance with paragraphs -; G and-?.7-�yi}E�rc?tzet- F3t•4"�E��Y=1`:-C-R:1<'7'�31L Sulx;ontractors. FNCrINh,h,R. h:NG1NhhR's 4 onsultants-aril-all rather-person.scar-entHie s-ider+ti ied in -tile Stry+I+len+e++tery (-%oridi6ons to be listed as insureds or additional insureds in such pxalicies and wall -provide- pFin a+v- .ctwtrage-tiar-alt lasses-anif tlaa++ate-e;aased-hy�he-perils coverer}-there}av Aft sated+�x>♦teies sHalf�t>r+tain-preyisitaris turtle rt; eet-that in-the--e"nt -t E-ta n+rrttrt Erutty Lox t r k+tnta�e-t}x insurers-wil�hiye-n a ris?lats-cat=retiewara+=artist am tale the--insureds- Fail#it+canal- +rest+rrds-therrtxtcler: (-}lk'�; k� �arxl�(�•'bT h-� 1'l )t'--w�aw�-a}I--rt��s t+gainst�ath-�'�-•;-.,;,R�kleirrrspc•rti+e�aN+txrr, directors, employees till agents for all -losses and tlaetaz�e -car.tint}-}�y- Hftsi tL-our-cal, of- esu}ling-atilt any of the Ixrtk covered any such policies and any otter-prupe+-t+xurar+ce�+ppli. able-�ca�he�4txantl; i+ addition waive all such fig#nts against Suleentractors— F-cl: Consultants and all other persons or entities identified irrEiie- Strtapktmetrtar+- crt,+n7tttt�tns�tr-le-}tstt�el--as ita ureter rx�+dc}it+c+rnal++c u+tunclevue lt�e}icies fine k s es-t+nil-dm11fIge-so-eettstv7 cane-t -the- ahcwe waivers-ny-par#y making st+ch--wt+iyer-++nay- l+avr tt} the- pnr-ece ds -4 insurance- held by--(-)14'NW—as trustee-er-A+therwise payable under any policy sea issued -1-l-_-I++-addtFaatn (-ilkNliRNvRives, --all-rights against CON1RACTOR. Subcontractors, officers, directors, employees and agents of any of therm. tin l-F f k t7tie to liustness-tIntrrruption, k of use of other consequential loss extemlrng beyond (hrect l4ivswal loss or damage to (�\k�R--kxoptrty-�x--tlne F�t>Fk��atrrt�lav: arising rut of or resulting Bunn fire Of other pent, whether or riot insured by ( )" NEE- and I I I(ns or damage to the completed k�(tjret-tar f+trt thereeaf=e�at+scvla+y:-trr+sir+e otti ofiaF resulting front lire or other insured peril covered by -any- proeerty-inSuFanCe maintained -on -the cen+pleted I�rojet t -t part tfxrcva{ l>4�-;L1�d K during {xrtial utilization pursuant to paragraph 14.141. after Substantial Completion pursuant to Iaantgraph 14 S or after fmal Iatyment puriu++nttea�a+rt+�++plrf-ale(. >rnv instr+murt—policy' mai+iatrie,l Ilv-- 1.1-- ER -c overtrW__ arty loss.-d+tma+=r car ci ttxtituent+++a�t SsfrlirrNtf tc}+nt}+is Fera�raph }Id - s}x3}l ajnlai++ f+royi5toits t a t e ef:ecr }nit ire the�vent-c f-paayt++rFtl-of arty loss.s{lama=e---F conmec{uent+al Iexs the insurers will have no rights cif recovery against any Of CONTRACTOR, Sulx:Ontnictons. l,'vCili�}`fSLR_-F-�:(sl-�[Ff�s (-arisHliffiit'i�trt<d Fhc`��14iecYi: director . empkwr . -and-tw__eats ollww4them; Receipt and Application of Insurance Proceeds. 5.12. Arty insured loss under the policies Of insurance rt�tluired by panngraphs> G and � 7 will be adjusted wall OWNER and made payable to O\\'NL•R as fiduciary for the insureds, as their interests may appear. subject to the requirements of an\ applicable mortgage clause and of paragraph 5.I3. C)\V\ER shall deposit in a separate account anv none\' so received and shall distribute it In accordance with such agreement as the parties in interest may reach If no other ,pecinl agreement Is reached the damaged Work shall be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. O\\:NER as liducianshall have power to adjust and settle one loss with the insurers unless one of the parties in interest shall object an writing within fidcen clays otter the occurrence Of IosS to ( M M-:R's exercise of this Iwwer. If such objection be made, (MNER as fiduciary Shall make settlement with tine insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in Interest is reached. O1V"NTR as tiduciary shall adjust and settle the tors with the Insurers a+ail-if-eyw+ed Ill wi+tatii—by--an")agy�-m tnterrt (�11=� f R as ti<iuc+ary shall-«iye 4x\nd--t:or--the Ixepxr-lxriraaran.�rttaeaarttaaties .-ieeeptanee of Bonds; and Insurance; Option to Iteplaee: 14 IC eitlaer platy iO WNTR or Ct)NTRACTE)R) O\\'\1-:R has any objection to the coverage aflorded by or other provisions of the Bonds or unsurance required to be purchased and maintained by the ether-pttrtr CONTR:VTOR in accordance with Article � on the basis Of non-contornaance with the Contract I )ocuments. tine objecting party shall so notify the Other party O\\_\ER will notik C'(7\7R.1C'TOR tit \vrrtin' within ten titteen days after receipt delnery of the C011 icates (Or other evidence requested) to O\CNI R as requued by paragraph' 7 (=)WM R-am" �k eac#t-pr4twitk It"he other such additional infimnallon tin respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all Of the Bonds and insurance regulre.l of such pnarty by the Contract Documents- suich the -caftan -party -in writing Of such tealurr to purchase prior to the start Of the Work --of of-su-ch ti+ilare-tarntaatntatn prior -to af-w--change-in the required cevrrage­: «'itlat f+t frcyudiee ko any other nit" or remedv_ the other party may elect to Obtainequivalent Bonds or insurance to protect such Other party's interests at the expense of the party who was required to provide such coverage: arxktrhaarngel)rokrjknallke4ssueel-t�ad}ust-the Contract Price accordin_ly Partial Utilization -Property Insurance. ?.1 �. If ( )\VNliR finds it nrcessary to Occupy Or use if portion Or portions of the Work prior to Substantial EJ(.'DC•(;1t ,,EK:U, Ci,NDl HoNS 1910-811990 Fdiho 1 w. CI.1) I_M PAU t_'UttANS M(Ull ICAll ',S (KL\' 1 '_uuul Completion Of all the \\ ork, Such use or occupancy may be accomplished in accordance with para.7aph 14 Io provided that no such use or occupancy shall commence hcfore the insurers providing the property insurance hate acknowleoLed notice thereof and in writin_ eflected any chnrn,es in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy in puhctes, but the property insurance shall not be cancelled or permitted to lapse On account of tit\ such partial use Or occupancy. \RTICLP: 6--CONTRACTOR'S RESPONSIBILITIES Superri.cion and Superintendence: 61 CONTRACTOR shall Supcm.w. inspect and direct the Work connpetently and efficiently. devoting Such ,attention thereto and applying such skills and expertise as ma\' he necess:il to perform the \\=ork In accordance with the Contract Ik\cunaents CM I k -V F( )R shall he sole]\• reslxmsthle for the means, mediods. techniques. SequenceS and procedures of construction. but ('O\'FRACYOR shall not Ix responsible tier the negligence Of others in the design or specification Of a Specd'ic means. nlethcxi, tec}uuque- sequence Or procedure of construction which as shown or indicated u) and express]\• required by the Contract I)ocuments ('O\TRAC I OR shall he responsible to See that the completed Work complies accurately with the Contract I )ocuments G' CONTRACTOR shall keep on the Rork at all times during its progress a competent resident superintendent. \vho shall not be replaced without written notice to OWNER and ENGINEER except under extr.aorduaary circumstances 'File superintendent will be CON FR \CTOR's representative at the site and shall have authority to act on behalf Of CC)NTRAC'TC)R. All conununucations to the superuttendent shall be as binding as rf'gn cn to CO\TRACTOR Labor. aterialy and F.rluipment: 63 ( '( )NTRACP )R shall provide competent. suitable qualified personnel to survey. lay out and construct the \\ ork as requued be the Contract I W.unents C( )\TRACT( )R shall at all tines maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as othem Ise indicated to the ('ontract I)ecuments. all \Cork at the site shall be perforated during regular work in hours and C'ONTIL\CT(7R will not permit overt inne work or the perlomaance of Work on Saturday. 5und(ay or any legal hohdav withoutO\1'�\ -,s written consent anen after prior written notice to ENGp\LER. ('(7_NTPjA(' I'_C,)R shall submit recpuests to the 1N(3INEEIi no less than q` hours in adeanee of am, Work to he perfc?rmrd tin Saturday, Sundae, Holidays Or outside the Regular \COrkino Hours. 64 Unless otherwise specified in the General Requirements. CONTRACTOR shall Cumish and assume Cull responsibilit\ for all materials. equipment. labor. transportation_ construction equipment and machinery. tools, appliances, fuel, power, light. heat. telephone. water. ssniten facilities. temporan facilities and all other facilities and incidentals necessary for the furnishing. pertorniance, testing, start-up and completion of the. Work 6.4.1. PurchusuL Kcstnctions. _ ('O\TK.\C'COR must conipl with the Citv's purchasing restrictions A cups oC._tlar res thtUvm rire._ (t ailtthle, fur rey_ie}t_it)_ the offices of the Purchasmi and Risk Manauenent Division or the City Clerk's office. — — — 6.4 _' ('anent Restrictions City of 1 ort Collins Resolution 91-121 reduirrs that sup hers and Producers of cement or products containing cement to cerutV that the cement was not made in cement kilns that bum hazardous waste as a fuel 6 i All materials and equipment shall he of good quality and new, except as otherwise provided in the Contract Documents. All wam-inties and guarantees specifically called for by the Specifications shall expressly run to the benetit ofO\C\ER lCrequired by EVINF.:R, CO\ f RAC I OR shall tumish satisfacton• evidence (,including reports of required tests) as to the kind and qualm of nlatertals and equipment \It materials and egwpinent shall be applied, installed. connected erected. used cleaned and conditioned in accordance with instructions of the applirtble Supplier, except as otherwise provided in the Contract Documents Progress .Schedule: I RA(' IOR shal l adhere to the progress u,hedule established tit accordance with 1-411, raph _ 9 as it stay he adjusted trom Unte to (line as provided helow 1i61 CONI_IZ\C'TOR shall submit to EVANLER for acceptance (lo the extent indicated in paragraph _' c)) proposed adjustments In the progress schedule that will not change the Contract Times roe Milestones) Such adJustntents will confilrnt generally to the progress schedule then in ellect and additionally will comply with any provisions of the General Requtrements apphcahle thereto ti 6 Proposed adjusmtents In the progress schedule that will change the Contract hinter for Milestones) shall be subnuttcel in accordaan" tt,th the requlrentents of Nragraph I _ I Such adjustments mac only Ile ntacle by a Change Order or Written :\inendnient in accordance with Article I 6.7. Substitutes and "Or -Equal " Itent.s:• 6.7.1. Whenever an item of material or equipment Is specified or described in the Contract Documents by using the name of a proprietan item or the name of a particular Supplier, flu specification or description is Intended to establish the type. function and quality required t mess the specification or description EI('DCctE,l;K.-11.(•VNIJI-10'IS 191n-g1199(tEditim) l w (I IY UI: I'( iR I CULLI3'S -%IUDIFICA II(NS HUA I '_oua t contains or is followed by words reading that no like. equivalent or "or -equal" item or no substitution is pennittc-d. other items of material or equipment or material or equipment of other Suppliers may be accepted by E\GI\F,ER under the tbllotving circumstances (, 7 1 1 '?h-Fqual" It tit ENGI\EER's sole discretion an item of material or equipment proposed b\ CONTK.W1OR is functionally equal to that named and sufficient) similar so that no change in related Work will be required, it Film he considered by E\(11\h:l:R as nn "or -equal" item, in which case review and approval Of the prctp(xed item stay, in t{\(]I\EF.R's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance )fproposed substitute items 0.7.1,2. Sub.slilule llvmu: 1Cin ENGI\EER's sole discretion an item of material or equipment proposed by C( )\TKA(_`P )R does not qualify as an "or -equal" item under suhparagmph 6 7 1 1. it will be considered a proposed substitute item. COVI'RA(' fOR shall suhntat sufficient intorntatiion as provided he low to allots FN(71NF.FR to determine that the item of material or equipment proposed is essentially equiy;dent to that named and an acceptable sulstitute theret6l 'The procedure ti)r review by the ENGI\EER will include the tbllm%Ing as supplemented in the General Requirements and as E\GI\FE:R ntay decide is appropriate under the circumstances Requests fir reyieta of proposed substitute )tents of material or equipment will not Iv accepted by E N G YNF{ER Irum anyone other than CONTRACTOR IC CO\TRACTC)R wishes to luntish or use a substitute item of ntatenal or equipment C( )\ TRACTOR shall first snake written application to IiN( ;INFER for acceptance thereof Certifying that the proposed substitute will perform adequately the functions and achieve the results called [or by the general design. be similar in sulstance to that specified and Ix suite(] to the saute use as that specified The application will state the extent. it' any. to which the evaluation and acceptance of' the proposed substitute will prejudice CONTR_\CTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the \\ ork will require a change in any of the Contract Documents (or in the provisions of any other direct contract with direct NER for work on the Project) to adapt the design to the proposed substitute and whether or not uacorponation or use of- the substitute in connection with the Work is subject to payment of any license fee or royalty. \II variations of the proposed substitute front that specified will be identified in the application and available maintenance. repair and replacement service will he indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly front aueptance Of such substitute• including costs of redesign and claims of other contractors'ItYect0d by the resulting change_ all of which will Ix considered by �E\G INTER in et aluatine the proposed substitute. ENJf\TER may require C'O\TRAC'TC)R to furnish additional data about the proposed substitute. 6.7.1.3. CO.\7T?_gCTO R s Lxpe».se: .-Al l data to be pruylded by C'C)\"fR\CI(-)R in support of any proposed "or -equal" or substitute item will be at CONTKN1OK's expense. 0 7.2. ;ubswule CUrrS/171 107 .Ilelhot& ur Pwceciures- If a specific means. method techmque. sequence or procedure of construction is shomyn or indicated in and eepressh• required by the Contract I)ocuments CONIRACTOR ma• furnish or utilize a substitute means, niethL)(.L technique. sctiluence or procedure of construction acceptable to I-:\GI\Flak shall submit sullicient information to allow Ii\(;I\I:E;R. in PAGI\1.1-R's sole discretion. to detennine that the substitute proposed is equivalent to that eyiressly called for by the Contract DOCLI1nenI5- fhe procedure for review by H\t;l\IiER will be similar to that provided in subparngraph 6 7.1 G 71 F7tgineei" Fvuluuliow E.\GfXF.ER will be allowed a rewonahlc time within which to evaluate each proposal or submittal made pursuant to paragraphs 6-7 1 2 and 6 7, LNGINTER ryfll be the sole Judge of accepiabihty No "or -equal" or substitute will he ordered, installed or utilized without E\GI\h:HR's prior written acceptance which will be evidenced by either a Change Order of an appioced Shop I)raw mia O1\`\d?K mad• require CONTRACTOR to t'urnish at (AONTRACTOR's expense a special performance guarantee of other stuet\ with respect to an}' "of -equal" or substitute ENGI\EL:R well record time Iequifed be E\GI\EER and EM;I\EER's ('onsultants in eyaluaung suhsutirtes prupaosed ur Submitted In )NTR\('FOR pursuant to paragraphs G 7 I and 6,7.2 and in making changges in the Contract Documents (or in the procislons of an) other direct contract kith O\\NER lie work on the Project) occasioned thereby Miether of not ENlipvEER accepts a substitute item so proposed or submitted by CONTRACTOR. CON1-R\CTOR shall reunbufse OWNER lie the charges of E\e;INI-'ER and ENGINEER'S Consultants for evaluating each such prolxmxd substitute item 6_8. Conceniing Subcontractors. Suppliers and Others: (i Is' l C'C)\TR\C'T( )R shall not emplo\ any Subcontractor. Supplier or other person or organization (incluclmg those acceptable to OWNER and FM \-EER as indicated in paragaph 6.5.2), whether initially or as a substitute, against whom (AVNER or E\G1\EER mac have reasonable objection CONTRA( 'TOR shall not Ix required to employ am Subcontractor. Supplier or other person or organiznuon to fumish or perform any of the l\ ork atgainst whom CON'CRACIOR has reasonable objection EK'DCGE\LKAI, Ck INDI IIoNS 1910-811990 Fdihow w. CM a_rP LOKT O iLLINS VUDII.1CA'rlir\S (KLC 1 '_uum G_9. (A)NI'R_V-IOR_shall- pei ortn not lees than_-',) Percent of the Work \%ith its own forces (that is, without subcontractin_l. The 0 Percent reuuirement shall be understood to refer to the Work the value of which totals not less than 2 )-,ercent of the Contract ['rice G.S , It- the Supplementary Conditions podding Documents require the identih of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to le submitted to (MMiR in advance of the speeitied elate prior to the Effective Date of the :Agreement for acceptance by (M\ER and I?\GI\I:IiR._and-if ( � 4 -R4C4-k— -has--- submitted a-list-thereof--n Httoardairce--rfth the .SUPpieflrt-nttrFN -Condrifons._ OWNHR's or I-:\(;I\FI:R's acceptance (either in K111I12" or by falilm-,, to make N+ntten objection thereto by the date indicated for acceptance or objection in the bidding document,, or the Contract I )oeument.5) iL417 and --Such Sul-c.-,ntractor. Supplier -or -other person tar rarearrit»tirNa s� - ienFi+fed- I"V 1ar-reVt7 fk --ofj-4he haws of reasonable objection after clue invrstf�atlorl, m--whie4a- ,a —CON, fay-\(24 i-dR�hall SaEim+F—an ffet,eptsrb{e suhstrlute. the Cc-41tract Pfiee will he ad}u cTb tlx <ht erefatr fr Fhr-ea casi ed-by such substitution and Hn appropriate Change Order \VAI be is5"1-efwill constitute a condition of the Contract requiring the use of the _named subcontractors, suppliers or other persons or organization on the 1V ork unless)rior written ipproyal is obtained from M NE R and I:v;IN1ii,.k \o acceptance hy(AWNI-N or ENGI\TER of any such Subcontractor. Supplier or other person ur organization shall constitute a waiver of auw right of (A\\HR or H\(;INEHR to reject d�%e>Cnre \\'ork 6,9.1. C(=)NTR-\CTC)R shall be full responsible to ( AV\TR and E\GI\EE•R for all acts and our aslons of the Subcontractors. Suppliers and other persons and tiunishing an) of the Rork under a direct or indirect contract with CONTRACTOR just as CONTRVT(')R is responsible for C'O\TRAC'TO R's own acts and omissions. Nothing in the Contract Documents shall caeate tier the beneltt of any such Subcontractor, Supplier or other person or organization am' contractuul relationship between OWNEK or E\GfNEER and any such Sulxontractor. Supplier or other person or organization. nor -.,hall it create am obl� ration on the part of OWNTR or E\(;ENEER to pay or to see to the pamenl of am nmoneys clue any such Sulx:.ontractor. Supplier or other person or organization except as may otherwise he required by Laws and Re ulations. OWNER or ENGI\EER may furnish to any subcontractor supplier or otherlerson - - - or or mization evidence of amounts —paid to C(AT R C I OR in accordance with C'( )N-I RACE( W'S "Applications tier Payment". 6 Q CO'_TR `CCH2 shall he solely responsible ['or scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organimlions perlornting or furnishing any of the \\'ork under a direct or indirect Contract with CONTR:A(IOk CONI RACI'OR shall require all Subcontractors. Suppliers and such other persons and organirnacans pertixnung Of tuillishi ng any of the \\'ork to communicate with the ENG1\EEK throwah C'ONTRAC FOR. 6.It1. The divisions and sections of the Specifications and the identifications of an• Drawings shall not control CONTRACTOR in di\ iding the Work anions Subcontractors or Suppliers or delineating the Work to he performed by any specific trade 611 All \\ork performed for CONTRAC'MR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CO.\T'I AC] OR and the Subcontractor or Supplier which specificalh hinds the Subcontractor or Supplier to the applicable temps and conditions of the Contract Documents fix the Ixncfit of Whe+xver anv Such agrtv4iient +s �v+t[�-a �tiuteantrae�ir-.�Suppk+ar�vh+s is-hsta.l -a�a+� addittorif+t itsuted on die pfope+ty insuimnce lxovided in Iwff ra}­4i-_�-(i_sr L-T--tle agreement lxtween +he CoNCRACTOR and the Subconuactoi or Supplier will txxh[at+rp+es i ter+ where file Sttfilter wa++a5 r:ll t #tti aga-t+L,t k AJV Wh _'OYI4-k V'Tk4R: k�Ni-;[�. ki1�1�1:\�_;l � k:}�R'S- G�?nsttkants--antes a k4��er add+tKanak-4nsureA,­for-- all -k), ei-atwt a+»ass-caused bv- a+isi++g exx-eftx rest+linnrr{+ten arny-c�{'ille- IN eove'red by such -f"4c+es a+xlany tither-properiv 4nsurance-apf+1+eahle to the Work It' the insurers +set any such policies require sepftifit, i-wtiivt4{ixnn-iabrsiefiedl maySt+lxxxn}+�thitcr tiulhphlie+, CW-N I lkR ('-" )R- Will -011) ikte Patent Fees and Rot•altie.s:• QI- ('ONTRACTOR shall pay all hcenst tees and ros alties and assume all costs incident to the use in the pertormance of the \\-oak or the incorporation in the \\-oak of any invention, design, process. product or device which is the subject of patent riglms of copyrights held by others_ if a particular invention- desist. process. product or device is specified in the Contract Doxunents for use in the pertormance of the. Work and if to the actual knowledge of OWNER or CiNGI\EER its use is subject to patent rights or copyrights ralhng fix the payment of an license tee or rosalte to others. the existence of such rights shall lie disclosed be (A \ER in the Contract Documents. To the fullest extent permitted liv Lases and Regulations. CONTR.-ACTOR shall indemnify and hold harmless O\\\;ER EN6 EER ENGI\TLR's Consultants and the officers, directors, employees, agents and other consultants of each and an of them from and against all claims. costs. losses and damaees arisinc out of or resultin_ from an mfrinenhent of patent rights or Copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of aninvention. design. proces& product or device not specified in the Contract Documents, E I('DC (+E'a•:K.-11. CuNDI 110"S 191 n-g 1191MEditim ) %% (I l i' ol: I'(Q r CU1_L13'S _%IUDIEICA IICNS HUA t 'oum Permits: 6.13. Unless othent ise pros ided in the Supplementary Conditions. C'ONTR-\C'T(=)R shall obtain and pray for all construction permits and licenses. O\\'\TR shall assist ('O\"I'R.-\(' fOR. when necessary. in ohminino such permits and licenses. CC)\ CIZ\t'TC)R shall pad all govenunental charges and inspection fees necessary tier the prosecution of the Work. sshich are applicable at the time of opening of YidLi, or. it' there are no Lids, on the E flectice Date of the ALreement C( )\'CR:\CT( )R shall I-yay all charges of utilit\ owners for connections to the \\ork. and O\\\1iR shall i>Fny all charges of such utility owners for Capital costs related thereto such as plant investment fees 6.14. Lairs and Regulations: 6.14,1, C'O\l'R1("fOR shall vise all notices and ennnply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise express]\• required by applicable Laws and Regulations. neither O\\\F'R nor li\(;shall I\EI:R he responsible for momtonng CON CRAC COR's compliance with an• paws or Regulations. ti 142 If CONTRACTOR perlornis any Work k+xnvung or having reason to know that it is contrary to Lass s or Regulations- CONTRACTOR shall leer all claims, costs. losses and dsnnages caused hv. arising out )for resulting therefrom; however. it shall not be CONTR\CT()R's primary responsibility to make certain that the Specifications and I )rawinos are in accordance ss ith Laws and Regulations. but this shall not relieve CONTRACTOR of CONI RA(' I OR's obligations under paragraph 3.3. Taxes 6 1 �, C'ONT IZ- TOR shall Ivy all -,ales, consumer. use and other similar taxes required to be paid by C -N7 R\CTOR in accordance with the Las and Regulations of the place of the i roject nshich are applicable during the performance of the Work 6 1 j i O\\"NTR is exert fium Colorado State and local sales and use taxes on materials to he permanently incorporated into the project. Said taxes shall not to Included in tile_Contlact Price CONCR:\C I OR must_ apply__ant ro:eive,. a ('rrtiI"c e of I xentLion from the Colorado Drmarrient_of Revenue for construction materials to be physic illy incorporated into the project This ('ertificalion of Exemption provides that the C'O\TR_\CT(_)R shall neither pav nor include in his Bid- Sales and t-se Taxes on those building and construction materials physically mcor{x+rated_ into thtproject Address' ('olorado C)ei <artnient of Re\ enue State Capital_Annex I +7� Sh_eiman_5ticet Dem er. Colorado. IM261 Sales and L se Taxes for the State of _Co_ lorado. Pegiional Trim rrtation District I_RTD_) and certain Colorado counties are collected by the State _of ('olorado and are included in the Certification of Exemption .V11111 plicible_5ales_ and L x_ l:ixes _(_incl_udIng State collected taxes)_ on am items other than construction and buildin mates ds_ph�aie Ill -incc q)rited_ uric) the project are to he pq b�v C( AT RAC] Oand are to IV included in appropriate bid items. I 'se of Prenrisec: 616 CON IRA(' I'OR shall confine construction equipment, the storage of matenals and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Lows and Reuulauuns, rights -of -stay, permits and easements. and shall nut unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full resp)onsihility for am .Lamm*c to am• such land or area, or to the owner or occupant thereof or of am adjacent land ur areas. resulting font the performance of the \Volk Should and claum he made by any such ownel or occupant because of cite perfomtance of the Work. CON I RAC') OR shall promptly settle with such other porgy by negotiation or otherwisc resole the claim by arbitration or other dispute resolution proceeding or at law CIA I'RAC] OR shall. to the fullest extent permitted by Laws and Regulations. ntdlcnutil and hold harmless (ri\NER. GNGIN E E R f N(J[\CI:R's CorL)ulttnt ;Ind anyone directly or indirect1% employed by am oCihenl fights and agau)st all clalnts. costs_ losses and damages arising out of or resulline from ❑ri claim or actiotz legal or,equitable, brought by any such owner or _)ccupant against O\\ \GR_ ENGINEER or any other pan indemnified hereunder to the extent caused by or based upx:n ('C>NT[L 1C'7 UR's fern rmancc of ore \\ of k 6 17 During the progress of the Work. CONTRACT(-)R shall keep the premises free from accumulations of waste nlatenals, rubbish and other debris resulting from the Work Al the completion of the Work C'ONTRAC'i OR shall remove all waste materials, rubbish end debris from and about the prenuses as well as all tools, appliances. construction equipment and machines and surplus nialerials. CONTR\C10K )hull leave the site clean and reedy lie occupancy b\ (M NGR at Substantial Completion of the \\'ore. (A )NTRAC'T(_)R shall restore to original condition all properly not designated fir alteration by the Contract i ocuments. 6.18. C'QNTRAC'TOR shall not load nor permit am part of any structure to be leaded in anv marmer that twill endanger the structure. nor shall U( ) TR-\C'T(=)R suhjeci any part of the Work or adjacent property to stresses or pressures thgt ter II endanger it Reeord Documents' EK'DC(.;E',EKA1,Ck1ND1 vti51910-8099OF(linarl w. 01) i_rP It_R 1- 0 iLLINS VUDII lCATIi NS(RLy 1'_uum 6 19 ('ONTR\CTOR shall maintain in a kafe place at the site one record cope of all Drawings. Specifications, Addenda. Written Amendments. Change ( )rders. Work ('hanee Directives. Field (7rders and written interpretations and clarifications iissued pursuant to pxirasraph 9 -tl in SOod order ,Ind annotated to shuts' all changes made during construction. These record documents together With all alloyed tramples and a counterpart of all approved Shop Drawings will he available to E\G M-,I;R for reference. t pon completion of the \lurk. Lind Prier to releaw of final payment, these record documents. Samples and Shop Drawings will be delivered to for O\\'NF;R Mfetr and Prnreetion 6.20. CON FR\Cl'OR shall be responsible for initiating, maintaining and supervising all safety precautions and progams in connection with the Work. CONTRACI'01t shall take all neussary precautions for the safety of. and shall provide the neceskin protection to prevent damage, injury or loss to 6 ^u l all persons on the \\'ork site or who mm' he affected by the \\ ork b _'ir, all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site, and 6 20 , other prolxm at the site or adjacent thereto, including trees. shrubs. lawns, walks, pavements, roadways, stnrcturs, utilities and Underground Facilities not desigmted for removal. relocation or replacement In the course of construction CON f RAC fOR shall complwith all applicable Laws and Regulations of any public body having Jill isdiction fix salel of persons or property or to protect them from damage, injury or Ices: and shall erect and maintain all necessruy satcoil ards fix such safety and protection CONTRACTOR shall nolify owners of adjacent properh and of 1_`ndeiground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection. removal. relocation and replacement of their property _\It damage. injury or loss to any property referred to tit I>aragraphs G 't) _ or 6 20 i caused directly or Indirectly, in whole or In part. by CON'HILACTOR, any Subcontractor. Supplier or any other person or organization direcil or indirectly employed h\ an_ of them to perform or furnish an\ of the Work or amone for whose acts am' of them niav be liable, shall he remedied by CONTRA(`T( )R (except damage or loss attributable to the laull of Drawings or Specifications or to the acts or omissions oC0\\1TR or FN611NEER or EN(A\ELR's Consultant or anyone employed by am of them or anyone for whose acts an of them may he liable. and not attributable, direct) or indirectly, in whole or in part, to the fault or negligence of CO.NTR\C I'(_)R or any Subcontractor. Supplier or other person or organization directly or indirectl employed by any of them'). C( )NTRACfOR's dUtICS and respxvnsihilities for the safety and protection of the Work shall continue until such time as all the Work is completed and kN(it N 1i14R has issued a I; notice to OWNER and ('(-)NTRA('TOR in accordance with paragraph 14 1 ; that the Work is acceptable (except as otheMIse expressly provided in connection \with Substantial Completion) 6.21. Safest' Representative: ('O\TR_VJ( W shall designate a qualified and experienced safety representative at the site whose duties and responmbIIIties shall be the prevention of accidents and the maintaining and sulen icing of safety precautions and prcturanis. Ha and Communication Programs: h _2_ CON I RAC I OR shall he responsible for coordinating am' exchan_e of material safety data sheets or Other hazard communication intornlation required to he made available to or excht hued between or anon, entplovers at tic site in accordance with Laws or Reeulations. Emergencies: 6 23 In ememenctes atfectmg the safety or protection of persons or the Work or property at the site or adjacent thereto. C(A FRA(' I'( )R. \without special instruction or authorintion from ( AVXFR or F.NGI\EF.R, is obligated to act to prevent thicatened damage, un)uq or loss ('O\11<A("fOR shall give kNGINF.F.R prompt written notice if CO\'I RA(' fOR heheves that am• significant changes to the Work or variations from the ('ontract Documents have been caused thereby If ENGINEER deternvnes that a chanee n1 the Contract Documents is required b CaUSe ofthe action takers by CONTRACTOR in response to such an emergence. a Work Change Directive or Change Order will he issued to dccument the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRA( -'TC)R shall submit Shop Drawings to ENGI\TER for review and approval tin accordance with the accepted schedule of Shop Dratwings and Sample submittals (see paragraph 20) All submittals will he identified as ENGI\TER maw require and in the nunhber of copies specified tin the General Requtrrments The data shown on the Shop Drawings will be complete with respect to quantities. dimensions. specified pxrtixnhance and design criteria. materials and similar data to show ENGINEER the materials and equipment CONTIL-V`I OK proposes to provide and to enable EN(f\review the to reviethe information for the limited purpx)ses required by paragraph () 26 h 24 _2 CO\TIC-A('TOR shall also submit Samples to ENGI\1:ER for rewie\v and approval in accordance with said accepted schedule of Shop Dratwtn_s and Sample submittals Each Sample will be identified clear]\as to material. Supplier, pertinent data such as catalog numlllrs and the uSe for which intended and otherwise as E\GINEEK may require to enable li\GINEl.1R to review the submittal for the limited E I('DC c tE,E:K.-11. CoN[A H 0'IS 191 n-g 11990 Edit mi ) 16 %v= (I rY OF PUIZ r CULLl3'S yIUUIPI C.41lOVS IALl 1 '_oom purposeS required b\ Niece`-raph G o The numbers of each Sample to he suhmitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6. >.I. Before ,ubmitlina each Shop Drawing or Sample- ('()O\TI`vC j (_)R shall have deter III Inct and verified: 6 _'� l I all field measurements. (Iuantities. dutlensions. specified perfornnance criteria, installation requirements. materinls. catalog numbers and similar infomiation with respect thereto. 6.25.1.2. all materials with respect to intended use. fabrication. shipping, handling,. storage, assembly and installation pertaining to the pertornlance of the Work, and ti ­ s 1 : all mtornlntion relative to CON I RAC I OR's sole responsibilities in respect Of means, methods_ techniques, sequences and procedures, of construction and safety precautions and programs incident thereto CO\TRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples :and with the requirements of the Work and the Contract Documents 6.25 2 Each submittal will hear a stamp or specific written indication that CONTRACTOR has satisfied CONTR \CTOR's obligations under the Contract I ) currents with respect to C(A I'RAC IOR's review and approval of that subnuttal 6 _; ; Al the time of each subnusslon. CO\I'k-WTOR shall ane ENGINEER specific written notice of such variations, if any. that the Shop Dra\wung or Sample submitted shay have from the requirements of' the Contract Documents, such notice to IV in a written conIII umcation sepkw.ate florin the submittal. and. in addition, shall cause a specific notation to be made on each Shop Drawing and Sannple submitted to GNGIM'EIR fix review and approval of each such variation. 6 6 ENGINEER will review and approve Shop Dra\vings and Samples in accordance \with the schedule of Shop Drawings and Sample submittals accepted b\ L�GI\T•,ER as required by paragraph 2.9. ENGI\EER's review and approval \will he only to detemrtne ifthe Items cowered by the submittals \will, alter installation or incorporation in the Work- contoml to the information given in the Contract Documents and be compatible with the desten concept of the completed Project as a functioninu whole as indicated by the Contract Ikcunlents. E.N6INEER's re\ ie\v and approval \will not extend to means, methods. techniques, sequcnccS or procedures of construction (except where a particular 111enns, method, technique. sequence or procedure of construction is specificalh and expressly called tier by the Contract Documents) or to safety precautions or programs incident thereto, The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by k\GI\P+K. and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval 0 )\IRAC TOR shall direct specific attention in writing to re\isions other than the corrections called for bx LN(TQ_-TR on previous submittals. 61-7 li\(;I\EI-:R's review and approval of Shop Dr mrigs or Samples shall not relieve ('C)\ TRACTOR from responsibility for any variation from the requirements of the Contract I )ocuments unless ('( A I RACI ( )K has in writing called E\GI\EER's attention to each such variation at the time of submission as required by paragraph 6.25,3 and L-'\Gl\hER has given written approval of each such variation by a sfecitic written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval: nor will any approval by I;WlM,+R relieve C( \IKACIOR from responsibility for complyrn o with the requirements of paimaraph 6.23.1 ti'S \\Imere a Shop Diatying or Sample is required by the Contract I)oeuments or the schedule of Shop I)rawins and Sample submissions accepted by HVIINTER as requited by farragiaph'9- any related Work performed prior to k:NGI\hER's lcyiew and approval of the pertinent suhmittal will he at the sole expense and resIvmihilit• of CO\TR ACI OK Continuingthe Mork: t_ N CONTRACTOR shall cativ on the Work and adhere to the progress schedule during all disputes or dis:ig.reements with OWNER No Work shall be delayed or to stponed pending resolution of any disputes or disagreements except as permitted by fxrragraph 1 > or as (MN -ER and CON -I R\('Tt )R may otherwise aeree in writing. 6.30. CONTR 1CTOR'.c General INarrant• and Guarantee: 6 30 I CC)\'fR\(-TOR warrants and guarantees to OWNER, L-\GI\TER and ENGINTER's Consultants that all Work twill be in accordance with the Contract Documents and will not be de•iective ('ONTRACT( )R's warranty and guarantee hereunder excludes defects or d;utma_e caused by: 6.301,1, abuse. niodification or unproper maintenance or operation by persons other than C'( )\TRACT()R. Subcontractors or Suppliers. or 6.3(1.1.2. nomial wear and tear under normal cts;u=•e. 6. 3)', CO\ FRA('TOR's obligation to p erfoml and complete the (York in accorcLtnce with the Contract Documents shall Ex absolute, None of the follow ing will constitute an acceptance of ),\ork that Is not in E)(.'DC• (;E',EK:U, CiiNDI "I I oNS 1)1 0-8 11990 F(lit iai ) w. 01) (_IF LOK-1-0iLLINS V(DII. 1CA'rIi)SS(KL\' 1'_it i1 accordance with the (`ontract Lkx.urnents or , release of CO\TRaCT( )R's obligation to perform the Work in accordance with the Contract Documents. o.;rl.'.I, observationsb\ E\GE\TF,R. 6. 311.2.2. recommendation of any progress or tinal ixtyntent by L\(; R. 63().'.3 the issuance of a certificate of Substantial Completion or ari payment by ( )\\-\ER to CONT1�\CT()R under the Contract I )ocuments; 6 3u' a use or occupancy of the \York or any Ixart thereof by (A\ \I -I:: 6 it) 2 � an• acceptance by (\\'\I.R or any failure to do so. 6.30,2,6. any review and approval of a Shop I )rawing or Sample suhnttttal or the issuance of a notice of acceptability by ENGIM-hR pursuant to paragraph 14 13: ' 7 any Inspection, test or approval by others: or 6 3(1 8 any c-orrection of cizJ�cln•e Work by O1\\EK Indemnification: 6.i1 'fo the fullest extent permitted by I.aws and Regulations. CO\TRACTOR shall and hold harmless O\\WER. I_A INEFR EV'(3f\TER's Consultants and the officers, directors, employees, agents and other consultants of each and an of" them front and against all claims, costs- losses and damages (including - but not limited to, all tees and charges of engineers, architects- attorneys and other professionals and all coull or arbitration or other dispute resolution casts) caused bv. ansmg out of or resulting front the pertorntance of the \Yot k. provided that any such claim. cost loss of damage lit is attributable to Lvdilt' inJur. sickness disease or death_ or to tnjur to or destr uc:tion of tangible property (other than the Work itself). including the loss of use resulting therefrom- and (it) Is caused In whole or in IYirt by an negligent act or omission of('( )NTRA('PAC anv Subcontractor, any Supplier. any person or organization directh or indirecth employed by any of them to perfomt or furnish any of the \York or anyone for whose acts an' of them may be liable- reeardle,,s of whether or not caused in part by an muligence or omission of a person or entity Indemnified hereunder or whether liability is imposed Upon such indemnified party by Laws and Regulations regardless of the neghgence of any such person or entity 0.32. In an and all claims against OWNER or EM;INEER or an of their respective consultants, agents. officers, directors or employees by an employee (or the survivor or personal representatiyc of such employee) of CO\I R-\CTOR. any Subcontractor. an Supplier. any person or organintion directly or indirectly employed by 17 an of them to perfonu or tiunish am of the Work or anyone for whose acts any of them may be liable. the indenmrtification obligation under paragraph o.31 shall not he limited in any moray by ari limitation on the amount or hpx Of damages, annpxnsation ur benefits payable by ur for COVI'kAC I'OR or nri such Subcontractor. Supplier Or other person or organization under workers' conmpens<uion acts, d 1bihty benefit acts or other enmplo} ee benefit acts 6.33. fhe indemmnifteaton obligations Of ( C)NTRACTOR under paragraph631 shall not extend to the liability of E\Gf\1EER and ENGTNEER's Consultants. officers, directors, employees or aaents caused by the professional negligence, rrrOrsor omissionsufany of them. Survival of Obligations: 634 All representations. indemnifications, warranties and guarantees made in. required by or given in accordance with the Contract Documents, is well as all connnuimo obligations indicated in the Contract Documents. will sun ice. Yinal pxmynment. completion and 'ICeptance of the Work and termination or completion of the Agreement 01.411Ire n WAD110 11 611,14 Relater! It ork at Site: 71 O\\\HR may perfixm other work related to the Project at the site by O\\1"ER's own Hewes, or let other direct contracts therefor which shall contain General Conditions Similar to these. or have other work pertonlicd by utility owners If the fact that such other work is to lx Ixrtornmed was not noted In the ('ontract I )ocunments. then (r) min ritten notice thereof will be given to CONTRACTOR prior to stamina an Such other work and 1'iilCON'TR\CTOI2 min• make a claim theietix as provided in Articles I 1 and 12 if( '( )NTRV'TOR believes that such perfornmance will inwoh e additional expense to FIZ ACTOR or tecluues additional tune and the Irirties are unable to agree as to the amount or extent thereof' 7' (A )\TR C"R )R shall afford each other contractor Who is a party to such a direct contract and each utilit owner (and O\h1 R. it (M-\ER is performing the additional work with ( \C\ER's employees;) proper and sale access to the site and a reasonable oppurhmlly for the introduction and storage of materials and equipment and die execution of such oilier work and shall properly connect and coordinate the Work with theirs I inless othe•rwisc provided in the Contract Documents. CONTRACTOR shall do all cutting. pitting and pinching of the A\ ork that may be required to make its several parts come together properly and integrate with such other work ('O\ TRAC'TOR shall not endanger ari work of others by cutting. excavating Or othenwise altering their work and will onh cut or alter their work with the written consent of ENGINEER and the Others whose myork will be affected. The duties and responsibilities Of CONTRACTOR under this paragraph are for the benefit Of such utility Owners and other contractors to the extent that there are cone fnmble E I('DC c 7EXt•:K.-U. CuNDI 110"S 191 n-g 11990E(Jitmi ) Is %% (I 1 Y OF I ( Q I CULLl3'S yIUDIFICAMI VS HUA 1 '_ Vum provisions for the lxnetit of ('( )N RA( k:)R in scud direct contracts between C)\\"\T:R and such utilit owners and other conlMclors. 7.3. If the proper execution or results Of any part of ('O\'I RA(`I OR's Work depends upon work pertommed by others under this .article 7• CONTRACTOR shall mslxct such other work and promptly report to 1 \GINEER in writing ari delays, defects or deficiencies in such other mvork that render it unm ailable or unsuitable for the prolxr execution and resultS of ('( )NT R-\C'T( Rs 1\ork. ('()\TKAC'T()R's failure so to report will constitute an acceptance Of such other work as tit and proper fcx integration with C'O\TR-\C'TOR's Work except for latent or nonapparent defects and deficiencies in such other work Coorrtination: 74 If O\VM-J, contracts with others tier the performance of Other work on the Project at the site, the tollowing will he set forth in Supplenmentan' Conditions 74 1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contactors twill be identified, 74 _2 the specific matters to be cowered by such author ity and responsibility will be itenuzed- and 7 4 3, the extent of such authority and responsibilities will he provided t mess otherwise provided in the Supplementan Conditions, OWNER shall have sole authorit and reslx�nstbility in rrslxct of suCh Coordination. ARTICLE W-OWNER'S RESPONSIB1LITI13S x I Except ❑s otherwise provided in these General Conditions, OWNTiR shall issue all communications to C()\TR\CT( )R through ENG1\EER r' In case of termination of the employment of I:N(dNL•ER. OWNER shall appoint an engineer aeainst whom C'<)\TRA(`TOR makes no reasonable objection. whose status under the ( 'Ontrnct I)ocunments shall be that of the fortifier E\G1\EER 8 3 O\\-\T:R shall furnish the data required of O\G\-ER under the C'onlracl Documents promptly and shall make payments to C'( )\TRACT OR promptly when they are clue as prow ided in paragraphs 14.4 and 14.13. 8.4. C)\VNER's duties in respect Of providing, lands and easements and providing engineering surveys to establish reference points are -set forth in paragraphs 4 1 and 4.4. Paragraph 4.' refers to MVNER's identifying and making available to CO\l'R,1("IOR copies of reports Of explorations and tests Of subsurface conditions at the site and drawings of physical conditions in eNtsnno structures at or conti u'uous to the site that have teen utilized h\ F\GI\TEk in preparing the Contract Documents _>4\ I2 r� spc nsil�}Iitk irtrespect�3F-ffirchii ing send-niaintuining hirbttity-tad�rapetir+n�ttrenerarc set forth in paregraphs i i through i 1 i 1 8 r; (A \ER is obligated to execute Change Chtleis is indicated in paragraph 1 HA, 8 7 O\\-NIiR's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13 -I 8 S In connection with ( )\\ \kR's n,ht to stop \\'ork or suspend Work, sce paragraphs 13 1 i i and i � 1 Parugraph 15.2 deals with (-A \ER's right to terminate Services of C( ATRA(C f( )R under certain circumstances S9 'The O\V\kR shall not supervise, direct or have control Or authority over. nor be responsible tor. CONTRACTOR',, means, methods. techmqueS. sequences or procedures of construction or the suety precautions and programs incident thereto. Or tie any failure Of C( )\ I RAC I ( )R to compl-v with Laws and keoulations applicable to the furnishing or performance of the \\'oik (AVNI,;R will not Iv rtspxmsihle for CO\TRACYOR's failure to perform or furnish the Work in accordance ttith the Contract Documents ti-lkt-� 11`~"'�I�R� respons+hip+t�-in�esl��o�#-ut�#ist;�.setl :lslsE.r F�('lT4 pi tr<ikut». Hezardtws 44aste-_ir Radi-o t,tive -Mister mIS-urteovered <,t-revefl F-fit-tlx-sae is set 1i>rtit-ire-paragraph-4- 9 11 - If rnhi to, the lyn-xgrect1 to, {itini'sh C(-;4 V R-Ak'=1 tlxit--inane+al arrangements have been made to satish OWNER's < Eilrutitterts--under the--(imtrtiet-Doe wnrx, t4-��1k4F IZ S responsibility it) respect thereof will be as set firth in the Supplementary Conditions ARTiCLE 9-ENGiNEE.R'S S'rA'1'US DURING CO`STIZ CTIO\ 0i6;\ER's Representative: 9I ENGINEER will to (AVNER's representative during the construction perKkl. The duties and responsibilities and the limitations of authority of ENGINEER as O\\:\ER's representative Burin= construction are set forth in the Contract Documents and Shall not be extended avithoul written consent of( MNER and EMNEN , R i ides to Site: 9." ENGINEER will make visits to the site at intervals appropriate to the t'ariouS stages of construction as ENG[\EER deems necessan in order to olnene as an experienced and quallfied design professional the progress E)(.'DC (.;E',EKA1, Ck INDl71 vti5 191 U-8 11990 ti diriai l w.CI-I)(di LORT 0- LLINS V(Ull- ICAI Iii\S(KLy 1'_uwi1 that has been made and the quality of the various aspects of CC)N'TRA('-i'OR's executed Work Based on information obtained clurine such visits and observations. ENGITEER will endeavor�for the benefit of O\\XTR to determine, in general. if the Work is proceeding in accordance with the Contract DOCUrnents FNG14+,*R will not he r"luired to make exhaustive or continuous on - site inspectiors to check the quality Or quantity of the Work. ENGF.M:IiR's ellorts will I% directed toward providing tier OWN ER a grater deLree of confidence that the completed Work will conform eenerall\ to the Contract Documents. On the basis of such visits and on - site olxervnuons. ENGINEtiR will keep (M\hR informed of the progress of the Work and will endeavor to guard O\\\h;R ngamst dale five Work FN( ;I`I;{iR's visits and on-sitey obsen•ations are subject to all the limitations on E\61NEER's authority and resperosibilih set forth in paragraph 9 13, and particularly, but without lmutation during or as a result of ENC}INEER's on -site visits Or Observations of CO\TRACYOR's Work ENGINEER will not super ise, direct, control or have authority over or he responsible for CON FRACTOR's means, methods. techniques, sequences or procedures of amstruction, or the safety precautions and progrnms incident thereto, or for any failure of CO\ I RAC IOR to coniply with Laws and Res'ulations applicable to the furnishing or performance of the \\'ork Prefect Representative: Q 11 If OWNF'R and f{\(;I\EER agree. IA(;I\HER will furnish a Resident Project Representative to assist ENGNEER in providing more continuous obsen aUon of the Work The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants well be as provided in par agiaphs 9.3 and 9 13 aittl aa-�lae-yttt>filaittertiary Conditions of these General Conditions It' desienates another representative or anent to represent O\l1ER at the site who is not ETGiNF?ER's Consultant, agent or eniployee, the responsibilities and authority and limitations thereon of such Other person will be as provided in paragraph 93 of these General Conditions Tf the i XGFNFF..R furnishes a Resident Projw Representative i'RPR'i or other assistants: or if the ( )\\TER designates a Representative Or agent all asp ljj_paraexaL)h 9-3 of the General ('onditions, these Representatives Shall have the authority and limitations as provided in paragraph 9.13. of the General (-'onditiuns and Shall be subject io the Iollowin4_ 9?1..., 11he _Rcpresrntrinc's dealings in_niatters pertaimn`to the on site work n_ill- ingencral tie -with the ENUF\-LERand C(ATRACTOR_But the Representative will keep the O\\ NER properly advised about such matters. The Representative's dealings with subcontractors will only he thruu:h or with the bull knowledLe and approval of the C( )N IRAC'FOR. 9 _ Duties and Rt�silities. ReLresrntati\_e w1W 93 2 1 Schedules - Review the prt-�Lress schedule and other—shidules-1rehared by the (Y)\T R 1C'T(1R and consult with the E\GI\TER concernin_ acce rit ability. 9.3. .'. Conferences and Meeting .-Attend meetin, with the l'ON I R-\("fOR such as preconstruction conferences, progress meetings and other Job Conferences and prepare anel circulate copies of minutes of meetings. 9 1 -' 3 Liaison 3 31 Serve as FN(;I\I+R'S lialson ++ith CO\TR•ACI OR. %orlon_ princii alk throu_h C(A FRAC [OR'S superintendent to assist the (ON I R-A( I OR in_understandi_na the Contract Documents. 9 ; :Assist in obtamin_ from OA1_\ER additional details or information when reofuired,. to prolxr execution of the AA orb:, 93233 :Advise the E\(iI\kkR and C(AA'I'R AC'l OR of the commencement f _ o any 1A ork requiring a Shop I )ran•mg or salttpde submission if the submission has not been approved by the e) 3 'A Review of Work-, Rejection of Defective AA'ork. Inspections and Pests - 9 , 2 u l Conduct on -site observation of the Work in progrrss t( assist the ENGINEER in determining that the Work Is proceeding, in eccorcL-ince +with the Contract Documents 9.3 2 4.2 Rep oit tO the ENGINEI-:R whenever the Representative believes that the Work is unsatistaclor, fault) or detective or does not conform to the Contract I:)dxuments:. or has been daniaged, or does not meet the requirements of any inspections, tests or approvals required toy he made, and advise the EN(rINF.F.R when he believes work should he conrcted Or relecied or should be uncovered for Otnervation, or requires special testing, inspection ur approval. ').3.2.4.3. .-Acconirmny visiting inspectors rare entminthliC. or other agencles havai, jurisdiction over the 1 roject, record the results Of'. these. nisi -colony anvil- relNrq to the I:NG I\T FIR 9 3 --> Interpretation Of Contract Documents. Report to ENGLNEER when clarifications and trite relations of the Contract Documents are needed and transmit to (CONIR._A("fOR clarification and mtrrgretatiun of the contract Dmuments as issued- by the ENGIN FER. i.3.'.6. \{udifc)tions. C'unsider and evaluate cmbl:M-'IORS su„estions ter E I('DC (7EXt•:K.-U. CV NDI TI0"S 191 n-3 11990 Editim ) %% (Tel' uF I'( Q r C(ALLI3'S Mt)DIFICAII(NS HUA 1 ''oom III oxlificaIIon- in_Dra%tit s_or-Sheci[ications and report these recommen(lations to [iNGI\EER :Aceurateh_ transmit to—_CONTR\C'TOR decisions issued by the E\GINEER 9.?. 7. Records. 9?.2.7.1. Maintain at the Representative's Office orderk. files concenuna correspondence, relents of job conferences_ }hop [)rm\ittis_and samples. reproductiolls or original Contract I documents inclu_din, all Work Dl ectiwe ( harLc's.:Addendla. ('hanee orders, Ple-d_Orders- 'Idditional_driwmLs issued -subsequent to the execution of the .\2reemrnt. ENGJNI:ER'S_clanfications and interpretations of the Contract Documents. pro_ress reports and other protect documents 9 ; 7 ` Keep a diar, Bail\ relk+rt fornt or loi, hcvk-, rduudinohours on the lot) site. weather conditions data relative tO-questions of work directivecharges, Change Orders, or chanced conditions. list ot� site +_isitors_tlsul\ acci ions. Observations in general and specific observations in more detail as in the case of obwi- tng test pi cxedures, send copies to the ENGINt':I:'R 9 3 - 7 3 Record names, addresses and telgiho-nc- numb rs Of all ( O\TR-\('TORS, sulk.onuactors and major suppliers of equipment and materials e) I -' \ Reports. v 3 - S 1 Furnish ENGINEER leriodic relx)rts: as required, of the progress of the \Cork and of the CONTRACTOR'S compliance with the prog-ess schedule and schedule of shop Drawing and sample suhnl itta Is 93' \_'- Consult with ENGINEER In advance of scheduling major tests, inspections or start of iml-111 t phases of the Work -- — — 9 3 - \ 3 1)ratilma)pd»zd Chan,e_(_)I der,, and Work Directive Chan_'es_ohtainina kid up material. from_. the (()\ 1 K k7l OR and recommend to E\GE I\ER Chance Orders_ Work _Direak e-_C'hanues- and field orders. Q 3 2 \ 4 Retort immedliateh to ENGI\EER and C)A1\TR the occurrence of any accident, 9.3 2.9. Payment Requests. Review _ipplic_ations for payment with ('(A FRAC I l )R for compliance with --the established procedure lor-- their submission and fin d %with recommendation to I NGi_NE E R_ noting particularly the relationship of the payment requested to the schedule of Values, Nvork completed and materials and equiliment delivered at the site but not _incorporated in the work. __ — 9.3.2.Iti. C'ontpletion 9.3.'.10.1. Before E\GINEER issues a C ertil_1Qal.C_Q_f Su_lntantia-I Conijil-etion, s_u_limit to C ( )\TRA("R )R a list of ohsen ed items reclu.irin_.�;urrrc.licm-or �omhlrt�n. .3.2 1(1.2. Conduct final inspection in the connlianv Of the _I_�_Ntr_I—\I- ,:h_O V\k'k and (()\TRA F0I: -and __gxeirtre t final —list -of items to be corrected or cons feted. Q.3.'',1(1.3. Observe that all items on the final list have been corrected orc_ompletcd and make reconnnene4itions to F:NGINE'ER con cermn acceptance 9.3 3 hmitation of Authority The Representauye shall ilot'. --- — -- - - c) 3 3 1 Authorize any deviations from the Contract I)ucuments or accept am\substitute nlatermis or equipment, unless authorized by the LNGI\F.F.K 9 3' F.-Ne_eed _limitations of F.\GI\I'LR'S authonty_as_ set firth in the Contract Documents 9 3 3.3T l ndcrtake any of the responsibilities of the CONTRACTOR- Subcontractors. or CONTRA\CTOR"S superintendent 4 , 3 4 Ad\ Ise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9 3 3 i Advise on or issue durctions regarding or assume control over safety precautions and proams in connections with the \\'irk ').3.3.b. .accept Shop Drawings or -*iniple submittals tiom anyone other than the C'(i\TRACTOR --- --- — 9 ; 37 ALIthorize ( A NER to occurs the Work -In- nfiole or in -part. `).3.3.5. Participate in specialized field or latwato_nyte_sts or inspections conducted b_y others except as specifically authorized by the ENGINEER. Clafifrcations and Interpretations: 9.4. ENGINF.E:R will issue with reasonable promptness such written clarifications or interpretations of the EK'DC (.aE',EKA1. Ck INDI "I1 vti5 1)1 0-8 11990 F(liiian w. CI -I) i_rP FORT 0 iIA.I NS V UDI I l CA'rt i ', S (KL y 1 '_ uum requirements of the Contract Documents ('in the form of Drawings or othen6se) is E\GI\T:ER nim determine necessir}. which shall be consistent with the intent of and reasonably inferable from the Contract DOCUrnents Such written clarificationsand interpretations hyill to binding on Olt'\F:R and CONI'R.-\('fOR If (AV\LR or C'ONTR.-\CIOR lelieyes that a written clarification or interpretation justifies an adjustment ill the. Contract Price or the Contract Times and the parties are unable to agree to the tmtount or extent thereof. il' an\'. ON\M R or C( )\TR:1C'T( )R may make a written claim therefor as provided in Article i I or Article I'. Authorized i arintions in It in-k: 9 I:\GI\Flit% may authome minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the (Contract Tunes and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Iocuments 'These may Iie accomplished I1V a Field Order and will be hindin, on O\V\LR and also on CO\'HRACI'OR who Shall pertorrn the \%ork involved prompt%' If (AVNI{R or CO\ I I:AC iOl: believes that a Field Order justifies an adjustment in the Contract Price or the Contract Mimes and the parties are unable to agree as to the amount or extent thereof O\VNER or ('C)\TIL\CTOR may make a written clams therefor as provided in .article 11 or 1' Rejecting Defective Hai*: 96. I,\(;1\kkk will have authority to disapprove or reject Work which F.\Gi\FER believes to be c;i.'f�c7n'e, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the rntegrity of" the design concept of the completed Project as a limctionma whole is indicated by the Contract Documents ENGINFER will also have authont` to require special Inspection or testing of the Work as provided in paragraph 13.9. whether or not the \Volk is fabrrurted, installed Or completed Shop Drawings, Change Orders and Pgt'ments 97 In connection with ENGENEER's authority as to Shop Drawings and Samples. site paragraphs n'4 through 6.28 inclusive. 9 S In connection with EN(IINF.ER's authority as to Change Orders. see Articles 10. 11. and 12. c).'.). In connection with ENGE\FER's authority as to Applications For Payment. we Article 14 Determinations for Unit Prices 9.1O. E\GINEER N%ill detemune the actual quantities and classifications of t `nit Price Work performed b\ I'ONI'P\\A(\fOR. h;GINEER he ill review with ('O\'I 'ACTOR the I V'rl\LF:R's lire hill Inarn' delerminations on such matters before rendering a written decision thereon (hy recommendation of in :\pplreation for Payment or othentise'. 1;N(jINLER's written decision thereon will hr final and hinding upon (AN NE•R and CO\TR.aCTOR. unless, within ten days after the date of any such decision dither (MNER or CONTRACTOR delayers to the other and to ENGINEER written notice of intention to apeeil from k\GIII :I-:R's decision and ('I ) an appeal from ENGINL•ER's decision is taken within the time limits and n accordance with the procedures set forth it) Exhibit (,;('-A. "Dispute Resolution Agreement entered into telween (M NEK and CO`TR.1C FOR pursuant to Article Ili. or( if no such I)ispute ReS'OlUhon Agreement has been entered into. a formal proceeding is instituted bt the appealing party in a torum of competent jurisdiction to exercise such rights or remedies as the appealing Ixirty may have with respect to h\(II\LI:R's decision, unless otherwise igreed in writing by (AV\ER and CON F RAC'1 OR. 'Such appeal NtrlI not he subject to the procedures of paragraph 9 11 Decisions on Disputes: O 11 I:\GI\HFR will he the Initial interpreter of the requircnients of the Contract I ) currents and judge of' the acceptability of the Work thereunder ('fauns. disputes and other matters relating to the acceptahrlit• of the 1\ ork or the Interpretation (f the requiientenLs of the Contract I )ocuments pertaining to the lertormance and fumishing of the Work and claims under Articles I I and 12 in respect of changes tit the Contract price or Contract Tunes will Ix referred Initially to EN(iINF.ER in venting with a request for n formal decision in accorc4mee with this paragraph Written notice of each such claim, dispute or other matter Will IV delnered lit the claimant to ENGINEER and the Other p arti to the .Agreement promptly (hut in no event later Oran thaYy cLacti1 after the start of the occurrence or event giving rise thereto. and written suppolling data will be submitted to HN(H\I{ER and the other part tyrthin Sixty days after the stall oCsuch occurrence or event unless ENG1NIiER allows an additional kneel of time for the submission of additional or nxre accurate data in support of such claim, dispute Of other matter The opposing loin shall submit any response to ENGINEER and the claimant within thuZy dais after receipt of the claimant's last submittal ('unless F.NGr\FTR allows addtonal lime' ENGINEER will render a tbnnal decision ui wntuig within thirty days after receipt of the opposing part's submittal. if any. in accordance with this paragraph LNGINEER's written decision on such claim. dispute or other matter will be final and binding upon MVNER and CC?NTRAC PAZ unless (i' an appeal front LN(31NEER's decision is taken within the time limits and in accordance with the procedures set forth ill E\H1131T GC -A. "Dispute ReSOltit ion Agreement entered into Nemcen (:AV\ER and CONTRACTOR pursuant to :Miele 10. or fill if no such Dispute Resolution Affeement has been entered into, a written notice of intention to appeal from ENGLNEER's written decision is delivered ht O1t-\ER or C'O\fR.AC'TOR to the other and to ENGINNEER within thirty days after the date of such decision and a formal proceeding is instituted) by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing Ixirty may have with respect to such claim, dispute or other matter in accordance with applicable I.atvs and Regulations within sixty &lys of the date of such E I 'DC (tE'a•:K.-11. Co V IN 1-10'IS 191 0-3 11990 Editim ) �y 0el" ol: PUR I C(ALLI VS Mt)DIPICAIIOVS HUA I '_outii decision, unless other -rise agreed in treating by ( A NER and C'ONTR \('TOR 9 I When functioning as interpreter and judlle under paragraphs9.lti and 9.11. ENUFN\EER trill not shove Ix i-m.ility to ( AVNER or CONTRACTOR and will not he liable in connection with any interpretation or decision renderc�el in good talth tit such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9.1(( or 9.1I ty101 respect to any such claim. dispute or other matter (except am which hate been wan ed by the making or acceptance of final pan nlent as provided in paragraph 14 1 �) will he a condition precedent to any exercise by (AVN-Eh or C(_)NTRACTOR of such rights or remedies is either may otherwise have under the Contract Documents or by Davis or Regulations in respect of am such claim, dispute or other matter-pui,,,entttrArticlr-16 9.13. Linitaticros wr LVG1AYJ_J?'s .luthwilY and Responsibilities O l; 1 Neither H\(iI\I+,*R's authorin• or responsihilit under this article 9 or under ant other provision of the Contract I )ocunients nor any decision made ht f{\GlNliH% in eoocl faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responslhilit h) F:NGINEF.R shall create. impose or give rise to ant duty owed by ENGINEER to COtiI'RAC 'IOR. any Sulcuntactor. any Supplier, any other person or organization. or to an}' surety for or employee or agent ofany of them 9 Li_' IiN(il\Ef:R will not supervise. direct, control of have authorrt\ over of be responsihlc for CON TR_VTOR's means. methods, techniques, sequences of procedures of construction, ur the safety precautions and progranis incident thereto. of tier any failure Of ('( )N'l RA('TOR to comply th with Las and i ZRegulations applicable to the furnishing or pertornlancc of the %%oak LNGINL•LR will not he responsible for (A )NTRAC'TOR's failure to perform or furnish the Work ill accordance with the Contract Documents - 9 1:_ ENGPQ_-ER will not be responsible lair the acts or omissions of C()NTR\CTOR of of any Subcontractor. any Supplier. or of any other person or organization performing or fumishing ant• of the 'Cork. 9.13.4, ENGINEEK's review of the final Application for Payment and accompam ing documentation and all maintenance and operating instructions. schedules. "uarantees. Bonds and certificates of inspection. tests and approvals and other documentation required to he delivered by paragraph 14 1-2 will only he to determine generally that their content complies with the requirements of'. and in the case of eertiticales of inspections. tests and approvals that the results certified indicate compliance with. the Contract I oOcu111cnts- 9 13 S The limmntom upon authoring and responsibility set tol-th in tills paragraph q I3 shall also apple to ENGINI FK's Consultants. Resident Project RepresentaliVe and assistants. ARTICLF I(1—CHA\GFS IN T11F. WORK 1().l. Without invaliduting the :Agreement fund \without notice to any surety. OWNLIZ may. at any time or from time to time. order additions. deletions or revisions in the Work Such additions, deletions or revisions will he authorized by a Written :Amendment. a Clsinge Order. or a Work Chance Directive l poll receipt of any such document. CONI RA(' FOR shall promptly proceed with the Work involved which \will he performed under the applicable conditions of the Contract I keunhents (except as otherwise specihcalh provided). IO. -, If oWNF,R and CC)NTRACTOR are unable to neree as to the extem if any, oC an adjustment in the Contract I'ncr ur ;an adjustment of the Contract I Imes that should he allowed as a result of a 1\'(irk ('have I)irective, a clainh ma)• he nmade therefor as provided In Article I I or \rticle I 1 tl 3 CONTRACTOR shall not be entitled to an increase m the Contract Price or an extension of the Contract Tunes with respect to sn Work pertimned that is not required h) the Contract Oocunhents as anmendecl. nioditied and supplemented as provided in paragraphs 3 i and 36. except In the case of an entergertcy as provided In paragraph 6 23 or in the case of uncovering Work as provided in paragraph 13 `) Ina MV\fiR and CON IRAC IOR shall execute appropriate Change OIder:s recommended by ENGINEER for Written Amendments) coverma 1 U 4 1 changes ill the Work which are ([,I ordered by ( )1\-NER pursuant to paragraph Ill. 1. (it) required because of acceptance of deliecth•e Work under paragraph 13 13 or correcting de "ctie 1\'oik under paragraph 13 14. or (in) agreed to by the parties, 1 ) a changes in the Contract Price or Contract Times which are weed to h} the parties. and lu.l chances Ill the Contract Price or Contract 'Times which embcxly the substance of any \written decision rendered by LNCIINEEK pursuant to paragraph 9 I I provided that- In lieu of executing any such ('hange (_)reder. an appeal mire be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON l'RAU'l OR shall cam on the Work and adhere to the praaress schedule as provided in paragraph 6?1). 1i1; If notice of anchange affecting the general scope of the Work or the provisions of the Contract I)ocuments E1(.'DC (.;E',EKA1, Ck IND1 "I1 vti5 191 a-8 11990 ti dinar ) w. Cl I) i_IF LOK-1- 0iLLI NS MODIIICA*I I )SS (KLC 1 2111 m (Including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety• the giving of an such notice \kill be C( )\ FR_\('T( )R's responsibility. and the amount of each applicable Bond will br adjusted accordingly 100 BV the execution of a Chance c_hdrr. a 1\ ork Change Directive or Written .agreement. OWNI'R and CON 1_KA(`TQR_ expressh ncl nowIecLr_ and agree that said C'haner Order- Work ('hanee Directive or Written _Agreement provides for t_fair. and equitable_a I ustmen. t_in the contract Price and or Contract Tinmes for the additions, deletions or revisions in the Work as authorized b\ Said Chine (_)rder_ Work Chane I )irective or Written Aarc,em_cnt OAl, \f R and (OtiTI\ A( IOh further expres. v_ Ickno\sle=e _d=e nd m_ree that claims for aLljustmenLs to the Contract Price and or Contract limes cowered b\\aa Cham e ( )rder. Work Change Directive or Written Ai,,rcentent arc not valid ARTICLE PRICE 11 I The Contract Price constitutes the total conllxnvation (subject to author iz. d adjustments) payable to C( )NTRAC'T(-)R for performing the 1Coik :All duties, resiviisibihties and obligations assigned to ur undertaken by CONTRAC] OR shall he at COS I RAC I OR's expense Without change in the Contract Price 1 1 2 'I he Contract Price mad' onh• be changed by a Change (litter or by a Written :Amendment \nV claim tit an adjustment in the Contract Pare shall he based tin written notice delIVcled bY the Pam making the claim to the other I-orty and to LN61NE-1k pronipth (hut in no event later than thirty clays) alter the start of the recurrence or event giving rise to the claim and stating the general nahue of tie claim Notice of the amount of the claim with Supporting data shall be deln erect \Vrthm sixty days after the start of such occurrence or event (unless Fi'J61NFF.R allows additional time titer claimant to submit additional or more accurate data Ill support of the claim) and shall Ix accompanied by claimant's written statement that the adjustlment rlainmed corers all kno\Vn amounts to which they claimant Is entitled as a result of cud occurrence or event. All claims for adjustment in the Contract Price shrill be detennlned by FNGINGTiIi In accordance with paragraph 9 11 if OWNER and CONTKAC'TOR cannot othrr\wrse agree on the amount involved No claim for an adjustment in the Contract Price \will be valid if not submitted in accor1ince \with this paragraph I I I 3 The Value of an Work covered h} a Chance Order or of an claim for an adjustment in the Contract Price will be determined as follows, 11.3.1. where the Work inV IVed is covered b\ unit prices contained in the Contract I )ocuments, by application of such unit priers to the quantities of the items involved (subject to the provisions of 23 paragraphs I L9 1 through I 1 9 3. Inclusive), 11.3.2. where the Work inyolyed is not covered by unit prices contained in the ('ontr<act DOCUments. by a nrcltually weed payment basis. including lump sum (which may include an allowance for overhead and protit not nocessarih in accordance with paragraph 1 1 62). 11.33. where the Work nyok ed is not covered b\ unit prices contained in the contract Documents and agreennent to a lump sum is not reached under lnragraph 11 3'. on the basis of the Cost of the Work (determined as provided in paragraphs 11,4 and 1 1.3.) plus a C(ATRA(CIOR's fee for oyerhend and profit (determined as provided in paragraph 1 1.6). Gocloftit e IVork: 11 4 The terns Cost of the Work means the sum oI all costs necessarily incurred and paid by C'ONTRA('TOR in the proper performance of the Work. Hxcept is otherwise may be agreed to in writing by ( )\\ \HR, such costs shall he in amounts no hnaher then those prevailm, in the locality of the Project. shall include only the Billowing hems and shall not include any of the cost, itemized in paragraph 1 l S 11 41 Payroll costs fopr employees in the direct employ of ('O\TRA('TOR in the' pelfornnance of' the Work under schedules of joh classifications agreed upon by O\\ Ni-:R and ('ON I'RA(' I'OR Such employees shall include without Lnnitation superintendents, foremen and other personnel employed full-time at the site Payroll costs for employees not employed trill -time on the Work shall he apliomoned on the basis of their time spent on the \\'irk Payroll acts shall include, but not he limited tot - salaries and wages plus the cost of binge benefits which shall include social sccurm contributions, unemployment, excise and payroll taxes, workers contpensaation, health and retirement benefits. bonuses. Yic e �aeatic rrarxf #ne 4tckr pr+y applicable thereto The expenses of pertixming Work after regular work -ma hours, on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OWN LR. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs tit transportation and storage thereof- and Suppliers' field sen ices required in connection therewith. All cash discounts shall accrue to CONTICACTOR unless O\C\TK deposits funds with (`(_)NTR \(-TOR with which to make pa) rents. in lvhich case the cash discounts shall accrue to OWN-E—R. :Ul trade discounts. rebates and refunds and returns from sale Of surplus materials and equipment shall accrue to OWNER. and UONTK.a('TOK shall make provisions so that they may he obtained 11 43 Ilm-ments made by ('O\TR:\C'IOR to the Subcontractors for Work pperfonned or lumished be Subcontractors. I f nequlred by ( )\CN LR. tS ('DC(_;E EK.-11.CoNIN110"S 1910-31199u@ditim) ,4 w (Tel" ins I UKT l'ULLLIS \f JDIPI ('AIIOVS IKD:1 1 '_oom (A)\TR-V"I()R shall obtain competitive hills fion) 5uhcontrrctors acceptable to (_AN \-ER and C'(=)N_TRAC'TC)R and shall deliver such bicLs to AN-\TR who will then determine. with the aeh ice of L\G111.F,R, which biLls, if any. n ill be accepted. If am• subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. the Subcontractor's Cost of the \\'ork and fee shall be determined in the same manner as (()\TRLAC'TOR's Cost of the \\'ork and lee as provided in paragraphs 11 -l. 11 �. 1 Lei and 11 7 VI subcontracts shall be subject to the other provisions of the Comma I )ocuments insofar as applicable 1 1 a q Costs of special consulmrits (mcludin, but not limited to enaincers, architects. testing lalxiratories, surveyors. attomeys and aceountantsl employed for services specificalh' related to the Work. 11.4.5. Supplemental costs including the following: 1 1.3 i I I he proportion of necessal}' tramiiortnuon, travel and subsistence expenses of CON I RAC I OR's employees incurred in discharge of duties connected kith the Woik 11 4 3 _' Cost, including transpvrtation and maintenance, of all materials, supplies, equipment. machinery. appliances. office and temporary Iacilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost It'-'s market value of such items used but not consumed which remain the property of CO\TRAC TOR. 114 3 3 Rentals of all construction equipment and machines and the parts thereof whether rented From CO\7 1CV I( )R or others in accordance with rental agreements approved by ( )\C\LR with the advice of L\(;I\LITt and the costs of transportation, loading. unloading. installation, dismantling and removal thereof --all in accordance with terms of said rental agreements- The rental of- any such equipment, machinery or parts shall cease when the use thereof is no longer neeessan for the Work 1 1.-4, .-4. Sales, consumer, use or similar taxes related to the Work, and tie which ('ONTRAC"F( )R is liable. imposed by Laws and Kegulations. 11.4.3.3. Deposits. lost tilr causes other than negligence of C'( )\ I R-V *TOR any Subcontractor or amone directh or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. II.q.?.(i. Losses and dama_es (and related expenscs) Caused by damage to the Work, not compensated by insurance or othem ise, sustained by CONTR:\C'MR in connection with the pertonnance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by (AVNER in accordance with paragraph > 9). provided they have resulted from causes other than the ne,,heence of CON IRACTOR. any Subcontractor. or amone directly or indirect) employed be any of them or tie whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of ( AVM`R 'tio such posses, damages and expenses shall be included in the Cost of the \fork for the pur[)xe of determining C'ONTR-\C'TOR's fee. If. hohsever. am such loss or &ininge requires reconstruction and CON I RAC) OR is placed in charge thereof. ('ON'1'ItA(' l OR shall Ix paid for services a tee proportionate to that stated in paragraph 1 1 (i_ 11 4 i 7 I he cost of utilities. tuel and sanitary facilities at the site. 11 4S 8. Mirlor Cxlnenses such as telegrams, lom, distance telephone unlls, telephone service at the site, expressage and similar petty cash Items in connection with the Rork. 11 4i 9 Cost oCpienuums fur additional frond, and i nsmance required because of changes in the \Cork I l � I he temi Cost of the Work shall not include am• of the tollowirng. I 5 1 Payroll costs and other compensation of CO1TR.\CTOR's officers, executives, prui ilxlls (of partnership and sole proprietorships), general managers. engineers. architects. estimators, attornevs, auditors, accountants. purchasing and contracting agents. expediters. timekeeper,, clerks and other personnel employed by ('(_)NCRACT(-)R whether at the site or in ('()\TRZ\C'TC)R's principal or a branch office fur general adimnistiatron of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11 a l or specifically covered by parag aph 114.4-all of hyhich are to le considered arinnuustra11 e costs Covered by the C'( )N'I RACTOR's pre. I I � Expenses of C'ONTlLV'I'OR's principal an(I branch offices other than C'ONTRACTOR's office at the site. IIS_3. .-Any part of C(_)\TRaC_'TUR's capital expenses, including Interest on CONTRACTOR'S capital enplov ed for the \\'ork and charges against ( ( )\TR:AC'T(_)R for delinquent [anments 1 L. A. Cost of premiums for all Bonds and for all insurance whether or not C'( )NTR.-\('TOR is required br the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sublatragraph 11.4.5.0 above.). EK'D(.)E",EKA1.('ritiDII1vti51)1u-811990Fdiriail w. ('11) I_rP PORT ('ULLI \S V UDII-ICA'ffi )Sti (KL\' 1 '_mi i1 I I S S (nits due to the negligence of ('C)NTRAC'TOR- any Subcontractor. or anvonc directly or indirectly enployed by any of them or for whine acts anv of them may be liable. including but not limited to, the correction of ckjcLIIVC \York, disposal of materials or equipment wrongly supplied and making ,reel any damage to property, 1 I.>.6, (-)ther overhead or general expense ants of any kind and the cents of any item not specifically and expressly included in paragraph 11 .4 11.6 The ('ON'fKACTOR's tee allowed to C - NTR \c_'TUR fix overhead and profit shall be detemrined as tollon•s 11.6.1. a mutually acceptable fixed tee. or 11.6,2. if a fixed fee is not agreed upon. then a tee based on the fullow•img percentages of the various Ix?rtions of the Cost of the Work. I I () 2 1 for costs incurred under pameraphs 11 4 1 and 11 4 2. the CON I RAC I OR's tee shall he fifteen percent 11 6 _ _' tie Costs incurred under paragraph 11 43, the CONTRACTOR's tee shall be five percent, 116'_3 where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fL\ed tee is agreed u[xin. the intent of paragraphs 1 1 A 1. 11 g 11 -t .i and 11 (i -, is that the Subcontractor who actually performs or tarnishes the Work. at whatever tier. Will be paid a tee of fltteen Icrcent tit the costs Incurred by such Subcontractor under paragrapbns 11 4 1 and 11 a _' and that amhigher tier Subcontractor and CONTRACCC)l nvrll each be paid a fee tit live percent of the amount paid to the next lower tier Subcontractor, to be negotiated in crxxl faith with the OWNER but not to exceed five percent of the amount pard to the next louver tier Subeontractur 11.6'-1 no tee shall be payable on the brisis of costs itemized under paragraphs 11 44. 11 4 and I I . . 116 -S the amount of credit to be allowed b\ CONTRACTOR to OWNER for am change Which results in a net decrease in cost \%ill be the aniounl of the actual net decrease in cost plus a (Induction in C'ONTRAC'T( )R's tie by an annount equal to five percent of such net decrease. and 11.h.2.6. when both additions and credits are tin oh ed In any one change, the adjustment in C()NTRACTOR's fee shall be computer) on the basis of the net ehanue in accordance with paragraphs 11 6 2 1 through 11 6_ >. inclusive 117 Whenever the cost of am' Rork is to be determined pursuant to paragraphs 1 I T and I l �, CO\TRACTOR will establish and maintain records thereof in accordance mvith aeneralb accepted accounting practices and submit in forty acceptable to E\Gl\L•Elt an itemized cost breakdown together with supporting data. Cash . Illoweinces: I I .S. It is understood that C'ONTR-1( "FOR has included in the Contract Price all alloa;umees so named in the ('ontract Documents and shall Cause the Work so coyere•d to he furnished and performed fix such sums as may be acceptable to MVR and kNGlNl('O` rlt:\('rOI: M-ailt aurees that l l S l the allowances include the cost to CON'1'R\CI.OR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes. and 11.8.2. (A)NTR.-AC TOK's costs for unloadinu and handbill`* on the she, 19N)r, installation costs, overhead, profit and other espenscs contemplated tot the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will he valid Prior to filial pacnlent, an appropriate Change Order will Ix Issued as recommended by I:\(iINEER to reflect actual amounts due ('O\ I RACT()R on account of 1\'ork covered by allowances, and the Contract Price shall he correspondimigh' adjusted 11.9. 1'nit Price Ii irrk: 11.9 1 Where the Contract Documents provide that all or part of the Woak is to to t'nrt Price Work, initially the Contract Price will be deemed to include for all foot Price l\'ork an amount equal to the sum of the established unit prices for each separately Identified item of Unit Price Work tunes the estimated quantitc of each item as Indicated in the Agreement 'File estimated quantities of itenis of ('nit Price Work are not guaranteed and are solely tier the Purpose of comparison of Rids and determining an initial Contract Price_ Determinations of the actual quantities and e'latisitications of t. nit Price Work performed by ('ONTRA('TOR will be made by ENGINEE'k in accordance with parag aph o) I I ) 11.9.2. Each unit price mvill be deenmcd to include an amount considered bv C(7\TR-\CT( )R to be adequate to cover C'()NTRAC'T(_)Rs overhead and profit fix each wparaleh identified Item I I Q I (71\-\ER or C( )\ I R\C'TOR inay make a claim for an adjustment in the Contract Price in accordance with :Article 11 if. I I,9.3.1. the quantity of any iten of t nit Price Work performed by CONTRACTOR dillers materially and significantly from the estimated quantity of such item indicated ill the A reenienr. E I('DC (tE'a•:K.-11. CoNIN 1-10'IS 191 0-3 11990 Editim ) �0 %%01YOFI(QFC(ALLINS Mt)DIFI CA 11(NS TALC I'_VUUt M 11.9.3.2. there is no corresponding acljustnment with respect to any other item of Work, and i 1 1)33 if CO\"I'R.ACTOR believes that C'()\TR-\CTOR is entitled to an increase in Contract Price as a result of hayimlg inclined additional expense or (AVNER l><lieyes that ( )\1 \ER Is entitled to it degrease in Contract Price and the parties are unable to agree as to the amount of amsuch increase or decrease. 11.9.3.4. (A )NTR\C'TOR acknowled�ws that the OWNER ER has the right to acid or delete items in-- ---- ----- the Ilid Rid orr_change —quantiues_at_OWNF R'S_sole discretion without aflecting the Contract P_rioe of a_mvremainina item so Iona as the deletion or addition does not exceed twenty -lice percent of the Originaltotal Contract_Prtec, ARTICLE 12--CHANGE. OF CONTRACT l'INIES 1' 1 The Contract Times (or \1ilestoncs) may only he changed by a Change Order or a W11tten Atilendimnt .\m claim for an adjusumew of the Contract Times (or \milestones) shall Ile lased on written notice delnered by the pain making the claim to the other lam' and to I:N(il\FIiR promptly (hut in no event later than thirty days) atter the occurrence of the event giving nse to the claim and statlne the gencral nature of the claim Notice tit' the extent of the claim with supporting data shall he delivered within sLm". days alter such occurrence (unless k, N \GINER allows additional time to ascertain more accurate data in suppxm of the claun) and shall be accompanied by the claimant's written statement that the adµisument claimed Is the entire adlusunent to w{uch the claunant has reason to believe it is entitled as a result of the occurrence of said event. .all claims for adjustment in the Contract Times (or Milestones) shall be determined by FNGR\R?ER fit accordance with paragraph 9 11 if Ol\'\ER and CONTP,\('T()R cannot othenvise agree No claim for an adjustment in the Contract Times (or \hlestones) will be Valid if not submitted In accordance with the requirements of this paragraph 1' 1 I'' All time )units stated In the ('ontract Douments are of the essence of the Agreement 1' 3 Where CO\TR-\('TOR is prevented from completing am part of the Work within the Contract Ililies (or \mrlestones) oboe to delay beyond the control of CO\TRA(_'T(_)R, the Contract Times (or Milestones) will be extended in an amount equal to time lost duc to such delay if a claim is made therefor as provided in paragraph 12.1, Delays beyond the control of C'O\TRACT( )R shall include, hilt not be limited to. acts or neulect by ( VNER. acts or neulect of utility owners or other contractors ]krtonning other work as contemplated by .-Article 7. fires. floods, epidemics. abnormal weather conditions or acts of (rod Pelays attributable to and withut the Control of a Subcontractor or Supplier shall Ix deemed to he delays within the control of (Y)NTR-ACT( )R_ I _ -1 ))here C'( )\TR-AC'T( )R is presented from completing any part of the Work within the Contract Times (or Milestones) due to delay het'ond the Control of hoth O\CNFR and C'()NTR.-ACTOR, an extension of the Contract Tunes (or Milestones) in an amount equal to the time lost clue to such delay shall be (`ON CR1C'TOR's sole and excluswe remedy for such delay. In no event shall ( AV\ER he liable. to (`C)'XT RA('T( )R. any Subcontractor. any Supplier. any other person or organization Or to am' surety for or employee or agent of any of then. for clantaaes arisirtg Out of Or rcsultin_ from (i) delays caused by or withinythe control of the CONI'R.-A(-TO1:, or it delays Ievond the control Of hoth parties including, but not limited to, tires, floods. epidemics. abnormal weather conditions. acts of God or acts Or neglect by utility owners or Other contractors perfomt tng Other work as contemplated by .-Article 7 ARTICLE 13--'I'F:ti'I'S AND INSPECTIONS; CORRECTION, REMOVAL OR ACC1,11TANCE OF DEPT.Y.T117i N%ORK 13.1. Notice ojDefects. Prompt notice of all cletecrive Work of which O11'N1.R or F,NGI\H-k have actual knowledge will he given to CONTRACTOR :All kieciwe Work ntav be rejected, corrected or accepted as provided In this :Article 1.3 Ieeessto Iork: I , _' (AVNFR. ENGINEER- LIGINFFR's Consultants, other representatives, and personnel of O\1\GK. independent testing laboxatorres and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation inspecting and testrne C'(_)NTILACT( )R shall provide them proper and sate conditions far such access and advise them oC CONTRACTOR'S site satety procedures and prd,'ams so that they may comph there(% ith as applicable Te-as and Inspections 13.3 CONTRACTOR shall give E-MINFFR timek noticeof readiness of the Work for all required inspections. tests Or approvals. and shall cooperate with inspection and leslmg personnel to facilitate required inspections or tests I a U\\NER shall employ and pay for the services of - an independent testing laboratory to perform all inspections, tests. or approvals required bN the Contract Documents except: 1 3 -f 1 for inspections. tests or approvals covered 1-�\ paragraph 1?.5 below. 13.4-2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 1 9 E)(.'DC (.;E',EKA1, Ck IN DI "I1 vti5 1)1 0-8 11990 F(lit iai ) w. CI I) I_ IF FORT CULLINS VUDII-ICA'fIi NS(RLy 1'_uum below shall be paid as provided tit said paragraph 13 9- and 114 as otherwise specilicall) provided in the Contract Documents. 13.-5. If Lams or RegUlatiOnS of am public bock haying Jurisdiction requue am Work (or part thereof) specifically to he inspected. tested or approved by an employee or other representative of such publle body. C'OM K ACTOR shall assume full responsibility for arranging and Obtaining such inspections. tests or approvals, pad all costs in connection therewith- and fumish I:\GINk'FR the required certificates Of inspection. Or approval. CO\ I RACTOR shall also he responsihle for arransrne and obtaining and shall pay all costs in connection with anNinspections, tcsLs Or approvals required for O\\'NFR's and I:\GINI:FR's acceptance of materials or equipment to he incorporated in the Work. Or of materials, nlix desists. or equipment submitted for approval prior to ('()NTR-AC`P)R's purchase thereof Cur incorlxnation in the Work 1.36 If rim• Work for the work- of others') that is to he Inspected. tested or approved is covered by CONTRACTOR without written concurrence of kNeIINf-,1,,R. it must, if requested by IiN(H\E'FK he uncovered fix observation 13 7 t ncoyerutg Work- as provided in Ixiragraph 13 G shn I Ix at ('O\'I R.aC'fOR's expense unless CUM RAC OR has given FNGINI:FR timely notice of CONTRACTOR'S Intention to cover the same and I-, oil\kl,:R has not acted with reasonable promptness Illresponse to such notice Vneovering Mork: 13 Is, If am )fork Is covered contrary to the written request of I?NGINFFR it must, if requested by EN61NFER. be uncovered tier FN6,1NEER's observation and replaced at C'ONTR:ACTO R.s expense. 119 1C F.NGTNT F.R considers it necessary or advisable drat covered Work be observed by E\(A E•ER or inspected or tested by others. C'ONIRACT( )RR at ENGINTER's request, shall uncover. expx)se or otherwise make available for observation. tnspection or testing as E\GINFER may require. that portion Of the Work in question, turnishing all necessary labxx, material and equipment If it is found that such Work is die%c•trve_ CONTRACTOR shall pa) all Claims, costs, losses and damages caused by, arising out of or resulting from such uncOyering. exposure. Observation. inspection and testing and of satisractory replacement or reconstruction. (including but not limited to all costs of repair or replacement of work of others). and (M NER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to (agree as to the amount thereof ma} make a claim therefor as provided in .article 11. If. fr(mever, such Work is not found to be ck jchiv� CON'f RAC I OR shall he allowed an increase in the Contract Price Or an extension of the Contract Times for Milestones), or Ixxh, directly attributable to such ,7 uncowerlrag. exposure, observation, inspection- testing, replacement and reconstruction and. if the parties are unable to agree as to the amount or extent thereof. (%)NTR-\CTOR may make a claim therefor as provided in .articles 11 and 12. Oli.V R.UgrStopthe Itirk: 13.Ili. If the Work is cle%rcln•r. or ('ONfR.-\C'fOR fails to suppl\ sufficient skilled \workers or suitable materials or equipment. or flails to furnish or perform the Work in such a way that the completed Work \sill conform to the Contract Iocuments. O\C\ER may order CO\TRACI OR to stop the \Cork, or anw portion therein', until the cause for such order has been elmiinnted, however, this right of O\\ \kR to stop the \\"ork shall not give rise to any duty on the lurt of O\C\ER to exercise this riJtt for the benefit ill CO\1 RAC I"OR or an• surety or other part• Correction or Removal of Dejectire II brk: 13 1 l If required by E\t.;l\FkR, CON FRACI"OR shall promptly, as directed- either correct all del rclive \Cork, whether or not fnhrtcnted. installed or Wntpleted. or, if the \Cork has been rejected by E\GI\Fl:R, remove it from the site and replace it \with Work that is not delec'tnY CO\TRACIOR shall pay all claims, costs kxscs and (Iainages caused by or resulting front such correction or removal (including but not limited to all costs of reaau or replacement of work of others) 13.12. Correction Period: 13 12 I It within ona--yrar two \•ears after the date of Substantial Completion or such longer pxndxl of tune as ntay be prescribed bw Layws or Regulations ur by the terms of and applrcahle special puanantee required h\ the Contract Documents or by any specific provision of the ('oniract Documents. anv \\ ork IS found to be ,lecti•e, CO\TRACTOR shall piontptly. \wit}xnat cost to O\CMiR and in accordance with ( Alo�M R's written instructions. (i) correct such dejeclive Work. or. if it has been rejected bw ( )\\-T:R_ remove it from the site and replace it with )Cork that is not deJectn•e. and ('if') satisEuaorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If C()\TR\CTOR does not promptly comply with the terms of such instructions. or in an emergencw where delaw would cause serious risk of loss �or damage. O\CNER maw have the defective Work corrected or the rejected Work removed and replaced_ and all claims. costs. losses and damages caused bw or resulting from such removal and replacement ( including hilt not limited it, all costs of repair or replacement of \work of others) will Ix paid by CON-R ('TOR 13 1 , In special circumstances where a particular item of equipment is placed in continuous service belitre Substantial Completion of all the Work, the correction period) for that item may start to run from an earlier date if so provided in the Specifications or b\ Written Amendment 13 123, \\'here de(ecrive \Cork (and damage to other E I('DC (7EXt•:K.-11. CuNDI TI0"S 191 n-g 11990 Editim ) �� w 0 1 Y of I (Q I CULL)3'S \IUDIFICA11(NS HUA 1 '_Vuur Work resulting therefiont) has been corrected, removed or replaced under this paragraph 11 1 the correction period hereunder \vilh respect to such Work will be extended for an additional period of cone-vettr two years after such correction or removal and replacement has been sawfictordy completed . lccepance of Defeefn•e It irk: 13.13. It' instead of f-equtrm_ correction or remo\ill and replacement of dr%olive \Cork. ( M-NL•R (and, prior to E\GI\EER's reconunendation of final payment also li\GINEER) prefers to accept it, O\C\ER may (to so. C()\TR-\('TC)R shall pad all clauns, costs. losses and clnmaees ntInhutahle to (M\FR's ewnluntion of and determination to accept such daJIL'Ilre \\"ork (such costs to be appru\"I by ENGINEER as to reasonableness). if any such acceptance occurs prior to FNGl\kI:R's recommendation offinal jl a men), a Change Order will be issued incorporating the necessary revisions in the Contract DoQunents \with respect to the Work. and O\C\FN shall he entitled to nn appropriate decrease in the Contract Price. and, ifthe parties are unable to agree as to the amount thereof, ( )\C\I!R ma\• make a claim therefor as provided in Article i 1 If the acceptance occurs after such reconunendation. an appropriate amount will he paid h)• C( )NtRACTOR to ( )\\'\ER U1-;VEIt Correct Defective It'ork: 13 14 If ('O\ fkAC'fOR tails within a reasonable time after written notice from E\GI\kI-.k to correct defective Work or to remove -[trot replace rejected \Cork as required by F.N(,INEl:R in accordance with paragraph 13 11. or if CO\TRA('TOR tails to perfi),nt the work in accordance with the Contract Documents. or if CC)NTP,\CTC)R tails to comply with an% other provision of the Contract Documents, OWNER may, after seven days' written notice to ('O\TRA('TOR. correct and reniedy any such deficiency In exercising the tights and remedies under this paragraph MV\ER shall proceed exjvdltiousb In connection with such corrective and remedial action. (_)\\ \TR ntav exclude. ( V)\TR\C'TOR from all or putt of the site. take possession of all or putt of the Work. and suspend C( )NTR.\CT( )R's sea ices related thereto. take possession o[ CONTRACT(_)R's tools. appliances. construction koiMpmertt and ntaclunen' at the site and incorporate in the Work all materials and equipment stored at the site or for which ( AVNER has paid ('( )N tR_\CTOR but which are stored elsewhere. ("O\1RACTOR shall allow OV EIR_ OWNER's represenlatiwes• agents and employees. O\\•NER's other contractors and ENGfNiER and L\'GI\T•.ER's Consultants access to the site to enable O\\:\TiR to exercise the rights and remedies under this paragraph All claims, costs, tosses and damages incurred or sustained by O\C\ER in exercising such rights and remedies will be charged ar <amst ('(_)\TRACTOR and a Change Order will be issued mcorporating the necessary revisions in the Contract Documents with respect to the Work. and O\CNER shall he entitled to an appropriate decrease in the Contract Price, and, ifthe parties are unable to agree as to the amount thereof. O\C\ER may make a claim therefor as provided in Article i I Such claims. cents, losses and datimaes will include bill not he limited to all costs of repair or replacement of work of others destroyed or damaged b\ correction. removal or replacement of ( 'C)\TkA('TOR's deJr•crive Work CONTRACT( )R shall not he allowed an extension of dte Contract Times (or Milestones) because of ant• delay in performance of the Work attributable to the exercise by (AVNER of (MNI ER's riahts and remedies hereunder ARTICLE. 14--P: YNn.-\ rs'm CO\'i ACTOR AND COWLE.TIO\ Seltedule of I alue.s: 14 1 I'he schedule of values established as provided in paragraph 2.9 \will serge is the basis tier progress payments and will Ix incorporated into a tomi of Application for Payment acceptable to ENGiNFER. Progress pat nients on account of I'nit Price Work will he based on the number of units completed Ipplication jor Progress Payment: 13 2 At least twenty days before the date established for each progress payment (hut not Inure often than once a month), CO\TR.\CTOR shall submit to EN(IINEER for reviei\ tat Application for Payment filled out and signed h\. ('O\l R-\CfOR awerina the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract I)ocuments If payment is requested on the basis of materials and equipment not Incorporated in the Work but delivered and suitably stored at the site or at another location agreed to tit writing. the Application for Payment shall also be accompanied b\. a hill of scale. invoice or Other documentation warrantine that OWNER has received the materials and equipment free and clear of all Liens In(] evidence that the materials and equipment are cowered b\ appropriate proper[_\ insurance and other arrangements to protect MVNER's interest therein, all of which will be Satisfactory to O\1NER The aniount of retain, with redact to pmaress payments will Ix as stipulated in the Aareement Anv binds that are withheld b\ the ( A \ER shall not Ix sul�ct to substitution b\ the CC)NTR\CTOR with securities or ari arrangements invoh ina an escrow or custodianship. By executing the application for payment limn the C'(_)NI R W-1( )k ex ressh wanes his right to the benelits of Colorado Rea ised Statutes. Section 24!01-Itrl. et seq. COATR-1.CTOR's It arrant\• of Title. 14 1 CMTR\C'TOR warrants and Guarantees that title to all Work, materials and equipment co\ereel by am Application for Payment. whether incorporated in the Project or not. will pass to O\ NER no later than the time Of payment Gee and clear of ull Liens. Reviera• of.-lpp6cutiuns for Progress Pe{intent 14A. E\G[NEER will, within ten dos after receipt of each Application for Payment, either indicate in writrn, a EK'DC (.;P,ERAL Ck INDI "I I vtiS 1)1 0-8 11990 ti (lit iai ) w. CI -I) a_ri IuR1 (MILLINS\ IUDII 1CA'rfi ',S(RLy I'-iti l recommendation OCln\ment and present the _\pphrltaon to O\\,TK or return the Applivation to C O\TR_-\C'T(7R indicalur_ in writing ENOINEL-R's reasons for refusing to recommend payment In the latter case. C'(=)NTRACfOR i n v make the necessary corrections and resubmit the Application 'fen days after presentation of the .application for Payment to O\l1ER with ENG[NEER's recommendation. the amount recommended will (subpect to the provisions of the last sentence of paragraph 14.7) Ixconie due and i\hen due \til] he paid b\. MV\E'R to C( )NTRACTOR 141; H:\GI\F.ER's recommenchtion of any payinent requested in an Appliuilion for Pa\'ment hill :orrstitute a representation by L\(il\EIiR to (AV\kR. Insed on I,N61\EH.R's on -site observations of the executed \work as an experienced and qualified design professional and on I,\GI\F:F•:R:s review of the Application for Payment and the accompanying data and schedules, that to the best of I:\( il\kH:R's knotwlcc c, information and belief' 14 i 1 the Work has proglessed to the point utdicsded. 13 �, 2 the quality of the \\ ork is generally in accordance with the Contract Documents (subject to an evaluation of the \\ or - as i functioning, %whole prior to ur upon Substantial Conipletion. to the results of an\ subsequent tests called lot in the Contract I)ocunlents. to a final determination of quantities and classifications for Ilnit Price Work under paragraph 9 1u, and to any other qualifications stated in the reconunendationl, and 14 i; the conditions precedent to CONTR\CTOR's being, entitled to such payment ;appear to have been fulfilled insotar as it is [i\(J [NEER's respx�ri ibllit\ to observe the \\'ork. However, h\ IecomIll endimg ariv such payment E\GI\EER will not thereby be deemed to have represented that. I"i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of die Work beyond the responsibilities sftecifically assigned to ENGINEER in the Contract I )OCUrnents or ('it) that there may not he other matters or issues between the parties that 1111-ght entitle CO\TR\CT( )R to he paid additional) by ( A\1ER or entitle OWNER to withhold payment to ('()\TRA( T( )R. 1.46 i NGI\EI,R's recommendation of ari payment, mcludmg final pa\ meat. shall not mean that LNGINEER is responsible for CONTRACTOR'S means. in thocls- techniques, sequences or procedures of construction. or the precautions and progranis Incident thereto. or for an\ failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CON] R-\C1'OR to ferlorni or furnish Work in accordance with the Contract Documents 147 I:\lit\I;I:R may refuse to recommend the whole or any part of any payment if, in H\OINEER's opinion, it Would IV incorrect to make the representations to 14 O\VNER referred to in paragraph 14> ENGINEER niay also refuse to recommend any such payment. or. IeCaUse of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommendecL to such extent as may toe necessnr• in F\GI\F:ER's opinion to protect (AV\FR from loss because 14.7,1. the Work is deleCtrve, or completed Work has been Lama_ed requirm_ correction or replacement, 14.7.2. the Contract Price has teen reduced b\ Written Amendment or Cham e Order. 14 7 (AV\FR has been required to correct Li laclive Work or complete Work in accordance with lxtra graph 1 3.14. or 14.7.4. E %GIM-ER has actual knoMod,_,e of the occurrence of any of the events enumerated in paragraphs 15. I through 1 �.'A inclusive. (AVNHR may refuse to make payment of the full amount recommended by F:\GI\I:IiK because 14 7 i claims have been made against OIVNER on account of C(A IN AC I'OR's Itirfonnancc or furnishing of the \York. 14 -7 0 Liens have been tiled in connection with the Work, except where ('()\'I RACTOR has delivered s specific fiond satisfacton• to O\\'NFR to secure the satisfaction and discharge OfSUCII Liens, 14 7 7 there are other items entithne ( M NER to a sct- offagairtst the amount recommended, of 14 7 S CM DER has actual knowledge of the occurrence of am of the events enumerated in paragraphs 14 7 1 through 14 7 ', or paragraphs 1> 1 through I � ' 4 Inclusive_ but O\\\ER must give ('O\TR.ACTOR immediate written notice (with ,I col)v to FXGI T:ERI stating the reasons fir such action and promptly pity C('_i\"fR\CT )R the amount so withheld. or an\ adjustment thereto weed to by O1\1TR and CO\TR \CTOR when CON -TRACTOR corrects to (AVNER's satisfaction the reasons for such action. Substantial Completion: 148 When C( )NTR\('7 ( )R considers the entire Work ready for its intended use C( )NTR\CTOR shall notify O\\\;ER and E\GI\LER in writirn-, that the entire \\ork is substantially complete (except for items specificall listed bw C'ONTRAUFOR as incomplete) and request that I vGL\TER issue a certificate of Substantial Completion. \\ ithrn a reasonable time thereafter. O\Y\ER. ( )NTRACT( )R and E•NGI'\'EER shall make an inspection Of the Work to detemtine the status of completion. If I-NGI\F[-R does not consider the Work substantially complete. ENGINEER twill notify ('ONTRAC`IOK in writing piving the reasons therefor It' E I('DC (tE'a•:K.-11. CV NDI 1I0"S 191 n-3 11990 Editim ) jrI %%01YUFI(QIC(ALLIN'S Mt )DIFICA 11( N, HUA 1'_oum considers the \Volk substantial) complete. ENGINEER will prepare and deliver to (AVNEA a tentative certificate. of Substantial Completion Nyhich shall fix the dale of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment (AV\FR shall have w- ven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to an provisions of the certificate or attached list. If, after considering such objections. hVi1NEEK concludes that the Work is not substantially complete. ENGINEER will withua fourteen days after submission of the tentative certific;tte to OW\hR notify CO IRA(" IOR in writhe,, stating the reasons therefor. IC after consideration of (M\FR's objections. FNc;I\I:F.R considers the \Vork substantially complete. FNGINEIiR will within said fourteen days execute and deliver to O\\'\ER and CO\ 1RA"IOR a definitive certificate of Substantial Completion (kith a revised tentative list of items to be completed or corrected) reflecting such chaviLes from the tentative certificate as ENGINEER belie\ eS justified after consideration of any objections from OWNER At the time of deliver' of the tentative certificate of Substantial Completion F:\GI\EER WWII deliver to O\V\IiR and CIA f fO k AC K a written recommendation as to division of res1lnsibilities pending final payment between O\V\F:R and C(AIRACIOR with respect to security, Operation, safety. maintenance, heat. utilities, Insurance and warranties and guarantees t_"riless (MNER and C(A I RAC] OK agree otherwise in venting and su intixm EN(;INEHR in writins prior to E\(;I\F:F:R's issuing the definitive certificate of Substantial Completion. E\GINEER's atbi said recommendation will le binding, on DINNER and CM I RAC I OR until final payment. 149 O\\1ER shall have the right to exclude CO\ IRAC IOK tiom the \\ oik after the date of Substantial Completion- but OWNER shall allow ('( )N fR\( "I( )R reasonable access to complete or correct items on the tentative list Partial Utilization: 14 In t'se by O1\NER at ( V\TR's option of an, substantial) completed fort of the \Volk- which (0 has specifically been identified in the ('ontract E)ocuments. or (iij ( \\NER. E\(iI\TER and CONTRACTOR agree constitutes a separately limctioning and usable part of the Work that can t% used by (M \ER for its intended puff ose without significant intelleIence with C( )NTR_\('TOR's perlomance of the remainder of the 1Vork, ntuy he accomplished prior to Substantial C'ontpletion of all the Work subject to the following 14 1() I (A\NER at any time ma} request ('ONTR CTOR in writing to pennit (_AVNER to use any such pxtrt of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTIL\('TOR mruces that such part of the Work is suhstantiall complete. C( )NTR\(`P )R will certify to O\\"\ER and ENGINEER that such part of the Work is suhstantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work C'C)NTRA('T( R at any little niay notify ( )\VLR and E\(;I\T:ER in writing that CONTRACT( )R consider.,, - am such Irirt of the Work read} for its intended use and suhstantialh complete and request E\GI\EER to issue a certificate of Sutnlantial Completion for that part of the !fork Within a reasonable time after either such request. ORNT:R. CONTRACT( )R and ENGINEER shall make in inspection of that fort of the Work to determine its status of completion. If E\(INEER does not consider that part of the Work to �.substantialh complete. EN(;1NEER will notify ( )\\NER and CONTRACTOR in vwriting giving the rensons theretor It' h XG I N kFR considers that Nrt of the Work to be substantially complete. the provisions of paragraphs 14 C and 14 1) «ill apply with respect to certification of SuhsLantial Completion of that part of the \\ ork and the division of responsibility in resfx:ct thereof and access thereto 14 W l No occulrancc or separate operation of part of the Work \will be accomplished prior to compliance with the requirements of lxvagraph S l S in respect of property insurance 1-Mal Inspection: 13.11 l pon written notice tom C(A I'RA(" I'OR that the entire \\yolk or an agreed Ixmion thereof is complete. ENGNLER will make a final infection with OAV•NLR and ('O\'lR AC IOR and will notch• ('O\TRAC I OR in writing of all lnrticulars in which this inspection reveals - that the Work is Incomplete or &'Jura ('O'.'fRACI OR shall immediate) take such measures as are necessary to complete such work or remedy such dt1CienC1e3 Fined. Ippfrcatiun jor Pegntent 14 1-' After CONTRACTOR has completed all such corrections to the salislaction of E\GfNEER and delivered In accordance with the Contract T)OCUillentS all maintenance and operating itlstl-ueaions. schedules. euarantees. Ponds. certificates or other evidence of insurance required b} paragraph -; 4. certificates of Inspection. marked -up record documents (as provided In paragraph(') IQ) and other dcxumcnts. CONTR \CTOR ntay make application for final payment following the procedure tier progress payments The final Application for Pavement shall he accompanied texcept as prewiousk delivered) by. (i) all documentation called for in the Contract Documents. Includirla but not limited to the evidence of insurance required by subi-yaragraph S 4 13. tii'i consent of the curet. al um. to final payment. and (iii) complete and Icgall_w ellectiyc releases or waivers (satisfactor' to (-\\NE'R) oCall Liens arising out of or filed in connection with the \\ ore In lieu of such releases or waivers of Liens and as approved by ( )\\NER. CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRA(='TOR that. ti) the releases and receipts include all labor, services, material and equipment for \which a Lien could he filed and (it) all payrolls. material and equipment bills. and other indebtedness connected with the Work tar which O\\'\f'R or OAVM:R's prolerty might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier falls EK'DC(.;E",LKA1, ('di\Df11vti5 1910-811990 ]:dinar] w. CI -I) I_rP IOKT 0 iLLI NS V ( Ull-ICATIi i\S (RL\' 1 '_uum to furnish such a release of receipt in fill]. C( )NTRaCT( )R may famish a fond or other collateral sattisfaclorw to (_A`k_\1R to indemnify (_)\\1ER against am Lien _Releases or waivers of liens and the consent of the suretc�to finalize t3trient are lobe submitted can tones contomimL to the forn_ tat of_t_h_e MV\h:h'SstsnLiar_d forms bound in the Project manual, final I'm•ment and, iec'eptanc•e: 14 I' IC on the basis of ENGi\GiiR's observation of the Work during construction and final inspection and I:\(;I\1i1{R'srevieyw ofthe final Application for Payment and acconipam ing documentation as required by the Contract Iocuments. EN(;I\FI:R is satistied that the Work has been completed and C(A I RAC V01:'s other obliL,.ations under the Contract Documents have been fulfilled. f?NGI\I:f?R will. within ten days after receipt of the final Application for Payment. indicate in writing I:\6lM,+.R's recommendation of p yment and present the .-Application to (\\NER for payment. At the same time EN(;I\EF.R Will also 01Ve written notice to C)\\'\ER and CO\ iRA(TOK that lte A\ork is acceptable subject to the provisions of p-rlragraph 14 1 S Other ife, IiNGI\1:IiR will return the Application to ('O\TRACTOR. indicating in writing, the reasons fur refusing to recommend final payment. in which case ('(Y\ rR:\CTOR shall make die necessary corrections and resubmit the Application Thuty days alter presentation to (M\F.R of the :Application and accompanying documentation. in appropriate form and substance and with i{N(;INF+.*k's recommendation and notice of acceptability, the amount recommended by ENGINEER will hecome due and will he pard by (\A'\i?R to CO\TRACT )R subjt ct to_1xuas_raph_17 6) '-.of, these General conditions. 1414 If; through no fault of CONTRACTOR final completion of the \\ore is signilicanth delayed and it F.N(;IN _ so cold s OA\NI:R shall ulx,n receipt of CO\TR\CTOR's final Applicalion lot Payment and recommendation of EN(-;NEER. and without temiinatin_ the Agieeentent. make payment of the balance due fir that Ix)rtion of the Work full\ completed and acceptedif the remaining balance to be held by OA\NER tier Work not Fully completed or correciLd is less than the retainage stipulated in the Agreentau. and it' Ponds have been furnished as required in paragraph � I. the \kTitten consent of the suret to the lrnment of the bYtlance due for that lxxticm of the \\ oak fully completed and accepted shall be suhmittecl by (' )NTRA('fOR to ENGINEER with the Application for such l.a)ntent. 'Such payment shall be made• under the temps and conditions goyeming final pi}nlent. except duit it shall not constitute a waiver of claims if iurer of Claint:• 14 1 �. 'The making and acceptance of final payment «ill constitute 14 1 a waiver of all clams by (A NER against (`UNfR_V IOR except claims arising front unsettled Liens, tram clelhcrrwe \\'ork nplxaring after 11 final inspection pursuant to paragraph 14 l L tiont failure to comph with the Contract Documents or the ferns of any special guarantees specified therein. or Gom C( )\TR \CT( )R's continuing ohligations under the Contract Documents and 14,15.'..\ waiver of all claims by CONTICA( T( )R agars. A\ NER other than those prevlOUSly made an writing and still unsettled. ARTICLE IS--SUSPE\SIO\ OF N ORK A.\D TERMINATION Oil :\ER :Uqr Suspend If irk: I �. 1. At any tune and without cause. OWNER may suspend die \\'Ork Or any portum thereof for a lericxl Ot not inure than ninety dacs b\ notice in writin_ to CO\TRACTOR and PX(.,l\I_+.R which will fix the date on which \Curti will be resumed ('O\I RACOR shall resume the Work on the date so deed C( )\'I'RAC I( )R shall he allowed an adjustment in the Contract Price or an extension of the Contract Times. or both. direct]\ attributable to any such Suspension of CO\'I'RAC'IOI: makes an approved claim theietor as provided ill Articles I and 12 0IVX1:'R •I1at• Terminate: Ij_' t_rpon the occurrence of any one Or more of the following events I>' 1 if CONTR\CTOR persistently tails to perform the \Cork in accordance with the Contract Documents ('Including, hilt not lunited to. failure to supple sutiiclent skilled workers or suitable materials or equipment or tailure to adhere to the progress schedule established under prrraeraph' o as adjusted boil ante to tune pursuant to paragraph 6.6). 1: 2 ' if CONTRACTOR chsrepards laws or Regulations of am' public laxly having lun-dictlon. I>' 3 d' CONTb_ACTOR disregards the aUThorin- of FN(;INEER_ or I>' T If ('ON I R-V TOR otherwise violates tin am substantial xyay any provisions of the Contract Documents. OWNER may. after givirL CON"IRICTOR nand the Surety. if any ) Seven days written notice and to the extent pennitled by Lanes and Regulations, terminate the scn ices of'( '()NTRAC'TOR exclude (A)NTR\C'TOR from the site and take possession of the Work and of all CON'IRACTOR's feeds, appliances. construction equipment and machinery at the site and use the same to the full extent they could he used by CONTRACTOR (without liability to CONTRAC O0 for trespass or com ersionl. in")rporale in the Work all materials and equipment Stored at the Sue or for which ( )\VNI:R has paid tS I('DC (_;E,EK.-11. CoNIN1-10'IS 191 n-3 t 199u @dium ) 3 %%01Yol: I(Q r C(ALL] 3'S M t)DIPICAIICNS HUA 1'_ouul ('ON I R\C'T( )R hilt which are stored elsewhere_ and finish the Rork as (AV\ -ER may deem exledient In such case C'( )NTR.\CTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeLls all claims, ants, IL-ws and damages SUStained by O\\NPR ansillo out of or resultina from completing the Work such excess will be pond to C'()N'TR\CTOR It such clauns, costs, losses and damages exceed such unpaid balance, CM-11CM f()R shall pay the difference to (AVNER. Such Clalrtts. Cents, lasses and damages incurred by O\CNER will he reviewed by ENGINEER as to their reasonableness and when so approved by Ii\(;INliliR incorporated in a Change Order. provided that when exercising am rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work Ierformed 1 i 3 Where CO\'I RAC I'OR's w-mces have been so temrinated by O\\ NER. the tenitination will not affect any rights or remedies of (AV\ I -'I, aminst C()NTRAC'TOR then existing or which may thereafter accrue Amy retention or payment of moneyS due C(\ I RAC I ( )R by O\V\ER will not release ('O\'I'RAC 'R)R from hahllnv. 13 4 t'Ixan seven dais' written notice to CO\'I RAC1'OR and I-'V;1\ail-'R, (AV\I-'R may, ithout cause and without prejudice to any other right or rennedy of ( M NER elect to ternlunate the Agreement In such case. ('O\'I RACTOR shall he paid wwithout duplication of any items) 1 � 4 l li)r completed and acceptable \Vork executed in accordance with the Contract I )ocuments prior to the effective date of termination. including fair and ret.SOneble Sums liar overhead and profit on such Work, 1 � a' for expenses Suxtamcd prior to the etlectn e date of lernlu.ation in Ixrtinnnng winces and furnishing labor, materials or equipment aS required by the Contract Documents in connection with uncompleted \Cork, plus fau and reasonable sums fop overhead and profit tin such expense.,,. 1 i 4 1 for all claims. costs. losses and darnat!es Incurred in Settlement of terminated contracts nrith Subcontractors. Suppliers and others_ and 1 � ) 4 liar reasonable expenses duectly attributable to temlination. CONTRACTOR shall not le paid on account of loss of anticipated profits or revenue or other economic loss arising out otor resulune from such termination on ICTOR Moo- ,Stop Il irk or Terminate: 15, If: throu_h no act or fault of ('ON f R C B )K- the (Cork is suspencred for a period of more than ninety clays by O\VNER or under an order of court or other public authority- or f-:N(',I\kIiR fails to act on any Application for Payment ceithin thirty days after it is submitted or O\\ \HR tails liar them dins to pay C( )\TRAITOR any suns finally detenutned to to due- then CONfR (-P)R may- upon seven das:5 written notice to O\\"tiER and ENGI\-EER and pros ided O\1.\ER or ENGINEER do not remedy such suspension or tatilure within that time. tenninate the ,ageement and recover from O\\:\E,R payment on the same terms as provided in paragraph 13 3 In lieu of terminating the ALueement and without prejudice to any other right or remedy. rf L\(ANEER has tailed to act on an .application for Payment within thirty days after it is submitted. or O\\ NER has l uled for thirty da}s to pay CONTRACTOR arty sum finally determined to be due- CONTKA(A OR may upon seven days' written notice to O\\'\I-R and FV'Tl\kFR stop the Work until payment of all such amounLs due CONTRACTOR. including interest thereon I he provisions of this p nragraph I 5 i are not intended to preclude COS. I RA(' I OR from making claim under .articles 11 and 1' for an increase in Contract Price or Contract 'times or otherwise tar expenses or damage directh attributable to CON FR UFOR's slopping Work as pemtitted by this prtragraph ARTICLE 16—DISNI'TF" RESOLUTION It' and to the extent that ( AV\ER and C( )\ f RA(" f( )R have agreed on the method and procedure tier resopwlng disputes between them that nmy arise under this Agreement, such dispute resolution method and procedure. if any. shall he as set forth in Exhihit GC -A. "Dispute Resolution Agreement". to be attached hereto and made a Jell hereof it' no such agreement on the method and procedure for resolving such disputes has heen reached, and subject to the provisions of paragraphs9 1ii, 9 11 and 9.1'. OWNER and CONTRACTOR may exercise such rights Or remedies as either maw otherwise have under the Contract Documents or bw L,ms or Regulations Lit respect of any dispute ARTICLE 17—MISCELLAINEOt?S Giving :Votive 17.1 Whenever any provision of the contract Documents requires the giving of written notice, it will he deemed to have been validly given if delivered In poison to the individual or to it member of the timi- or to an officer of the corporation for wham it is Intended. or if delivered at or sent by regustcred or certified mail postage prepaid- to the last business address known to the uk er of the notice. 17.2. Computation of Time: 17.2.I. When any period ill' time is referred to in the Contract Documents by days, it sill be Imputed to exclude the first and "include the last day of such period. If tie last day of any such period Bills on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such da\ twill he onrltted trom the computation EK'DC GE',EKAI. ('iiNDI "I7 vtiS 191 0-8 11990 ti (lit iai ) w. d'1 I) i_IF LOK-I-(-'ULLINS V( VII-I('Al Ii ASS rKLC 1 '_oo i1 17'' A calendar day of twenty-four hours measured from ntidinight to the next midnight will constitute a clay ;Votive oft' 'faint: 173 Should ( )\\NLR or CONTRACTOR s ffei uyur or damage to person or property because of ariy error, omisslon or act of the other party or of any of the other prartv's employees or agents or others for whose acts the other party is legally liable. claim will be made in %writing to the other prim within a reasonable time of the first obserance of such injury or damage. 'File provisions of this paragraph 17 3 shall not le construed as :t substitute for or a waiver of the provisions of any applicable statute of limitations or repose.C'umulative Remedies: 17,4. The duties Lind oblivations imposed by these General Conditions and the riLhts and remedies available hereunder to the parties hereto, and, in particular but without limitation. the warranties, guarantees and obligations Imposed upon CON I'RAC IOR by lrnragraphs6 116 16, 6 ;ti, 6.;1, 6 3 I3 1. 13 11 I3.1i, 14 3 and 1 S 2 Lind all of the nghLs and remedies available to O\VXFR and I NGi\F.ER thereunder- are in addition to, and are not to Ix construed in am• sway as a limitation of. an rights and remedies available to Linnor all of them which are otherwise unposed or mailable by Lases or Regulations by special warranty of guarantee or by other provisions of the Contract I )oc uments. and the provisions of this paragraph will he as effective as it repeated specifically in the Contract Documents in connection with each particular duty. obligation, right and remedy to which they apply. Pro jessional Pees and Cour11 Costs Included: 17 � Whenever reference is made to "claims costs - losses and damages". it shall Include in each case- hilt not be limited to, all tees and charees of enaineers, architects. attorneys and other professionals and all court or arbitration or other dispute reXdution costs- 176 Tile laws of the Slate of Colorado apply' to this A�reenient Reference to two pertinent Colorado statutes are Lis follows, 17.6.1. Colorado Revised Statutes (('RS 5-17-1(11) reAuire that Colorado labor be entEloyed-toxrtorni the Work to the extent of not less than NO percent (800 o)- of eacht\ IN _or class of lith_u._ in the several dla ssifications of skilled and common labor emplove_d on the ect._( 'olor ILIC) labor nouns an\_ mrsonnho is it bona lido resident of the State of Colorado Lit the tune of employment, without discrimination as to race. color. creed. Lice. religion or sex 17.0.2. If it claim is filed. O\\\ER is reamed by law (C'R� 3ti-'6-1071 to withhold from all _[ra�ments to ( ()N,rRac'TC>R sul-l-icient funds to inure the payment of all claims for labor, materials. team hire, sustenance, pro\ isions._pro ender,_ or other uipLlies used or consumed by com-I: \(_fOR or his w subc-onh_actors_in orabout-the perfortnance_ol the Work, Such fiends must lx �cithheld until said claims have been paid or such claims as tiled have been \cithclrat�n. suchwithdniNval to be evidenced ht filing with MVN:ER a receipt in Cull or an order for xtithdran•al in writing and_si_ned ht_the per_u_)n filing, such a claim or his dull authorized agents or assists. Such fiends shall not be withheld loner than ninety (t(1) days fullowina the cLtte fixed for final settlement, as published m-a_pubhc rlewsuper_ n_act:ortha n_eg_ilh_llie last. unless an action is commenced within that time to enforce such unpaid claim notice of lis_pendens is tiled with the O1\'\I-.f: At the eNplranon of such runelt 01)) cLrt peri(nl, O1V\ER shall pat to COV R.ACTOR such mo_nei•s and funds as are not the subject cat suit and lis pendens notices and shall retain onh sufficient funds to Insure the pmmenl of ludoements which mad• result trom the suit, E I('DC c ;t V FK.-11. Co V IN 1-10'IS 191 n-g 1199(i Edit mi ) 34 %c (11Yim I UR I CULLIVS\IUDIPI CAIIOVS HUA I'_(n it I his page left blank intentionAv EK'DC(.;E',EK:1d,Ck,NDI I1 vti5 P)I 0-8 11990 F (lit tow N% CITY ( M I uR 1 0 iLIA 1%S M()DII I CA*I (RL\* 1 2 t it im E IC'DC c 7E.\FK.-U. CV NIN 1-10'IS 191 n-g t 199(i Editmi ) 3G %% (I I'Y OF I'( iR I CULLINS Mt )DIF1CA IICNS HUA I '_VUUI EXHIBIT GC -A to General Conditions of the Construction Contract Behween OWNER and CONTRACTOR DISPtTTE RESOI.t'I'iON AGREEMENT (AVNI'R and ('ON"I•RAC I -OR herehy agree that Article 10 of the (encral Conditions Of the Construction Contract between (AV\I-R and CO\I'RA k)R is amended to include the following agreement of the parties. 161 All claims, disputes and other matters in question between ()%\ \LR and CON fR.-\CTUR arising out of Or relating to the Contract Ihcuments or the breach thereof (except for claims which have been waived by the making Or acceptance of final pnyment as provided by paragraph ld 1 S) will he decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then Obtaining. subject to the limitations Of the Micle 16. 'this agrcement so to arhrtrate and am• other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will he specifically enforceable under the prevailing law of any court haying Iurlsdiction 102 No demand for arbitration of any claim, dispute or other matter that is required to be retcrred to L•-\GINEER initially tar decision it accordance tyath paragraph 9 11 wdl Ile made until the earlier of (a) the date on which 1:\6INIJI R has rendered n written decision Or (;h) the thirty-first day after the parties have presented their et°silence to FNGINEIiR If•a written decision has not Ixen rendered by EN(;I\I-ER beta re that elate No demand fix mfiitration Of any Such claun- dispute or Otter matter will be made later than thily days alter the date on which FXGIXF.F.R has rendered if written decision in respect thereof in accordance mth paragraph 9 11 and the failure to demand arbitration tyithin said thirty days' periedl will result it ENGiNTiER's decision being filial and binding Upon OWNER and C'ONTft\CTOR If IiNGINEER renders a decision after arbitration proceedings have been initiated. such decision may he entered as evidence but will not supersede the arbltratrun proceeditgS_ except where the decision 1s acceptable to the parties concerned NO demand for arbitration of am' written decision of FMANLER rendered in accordance with paragraph 9 lu will be made later than ten days after the party making such demand has deliycred written notice of intention to appeal as provided in paragraph 9 10 161 Notice of the demand tOr arbitration will he filed in writing with the other party to the Agreement and with the .\merican Arbitration Association. and a coP,\ will Ile sent to E\GI'\I:ER for intttrntation The demand for arbitration trill be made within the thirty -day Or ten -clay period specified In paragraph 16 _' as apphcahle, and in all Other eases within if reasonable time after the claim, dispute or other matter in 9uestmrt has arisen, and in no event shall am Such demand be made alter the (Ute when institution of legal Or equitable proceedings based On such clain. dispute Or other matter in question would he Ixtrred by the applicable Statute Of Imntatrons. L ICD('ULNLKAL. r_�C INDI IIONS 191 o•S 11996 Edla,40 %c. CI FY CIF FORT (A II.1_INS MODIFICATIONS IRFy 9 991 164 Except as provided in paragraph I6 � MOw, no arbitration arising out of or relating to the Contract Documents shall include by consoliclation. joinder or in an} other manner any other person or entity (inclusioU ENUFNEER, ENGIITER's Consultant and the officers. directors, ngents. employees Or consultants Of any of them) who is not a party to this contract unless. 16.4.1, the inclusion Of such other person Or entity is necessaq if complete relief is to be afforded among those \rho are already parties to the arbitration- and 1642 such Other person Or entity is substantially In\ AN ed in a question Of law Or fact tehieh is common to those who are already parties to the arhltration and which wil I arise in such proceedings. and 16 4 3 the written consent of the other person or entity souc}tt to be mcluded and of (AVNER acid COVfRACTOR has Icen obtained for such inclusion, which consent shall make specific reference to this pnragrnph: but no such consent shall constitute consent to arhitratron Of any dispute not specifically described in such consent or to nrhnratron with any party not specltically identified in such consent 16 S (Notwithstanding paragraph 16 d, if a claim, dispute or other matter in question between (AVNLR and C( )NTIL\CT( )R ityohes the Work of' a Subcontractor. either OWNER or CONTRACTOR ntay join such Subcontractor as a party to the arhitratron between (A NLR and CONTRAC I'OR hereunder CO\'I RACI OR shall include in all sulxOntractS required by paragraph 6 11 a Specific provision whereby the Subcontractor consents to Icing joined in an arbitration beMeen OWNER and CON'IP,ACT(-)R involving the Work Of such Subcontractor. Nothing in this paragraph 1(i S nor in the proylSIOn Of such subcontract consenting to joinder shall create amclams- right or cause of action in lavor of Sulx:ontrIctof and 1 against OWNER, N(;iNHHR of - VI ('onsultants that does not otherwise exist iII 6 The award rendered by the arbitrators trill be 1inaL judgmient play le entered upon it ill any court having µarisdiction thereof. and it tall not Le subject to modification or appeal 16 7 ( )\C\ER and CON-1 R_\(`COR araee that they shall first submit any and all unktticd claims. counterclaims, disputes and Other matters in question lehveen them arising out of or relating to the Contract Uc.-untents or the breach thereof ("dtspules"). to mediation by the American Arbitration Association under the Construction Industn M"hation Rules Of the American rbrtr Lion Association prior to either of them rnrtiatmg a_ainsl the other a demand for arbitration pursuant to p nq: aphs In I through It)(). unless delay in intiatina, arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute suhmrtted to mcchation within those sane applicable time limits and shall remain suspended until ten days otter the tenninatron of the mediation 1 he mediator ofany dispute Submitted to mediation under this Agreement shall riot sere as arbitrator of such dispute unless othem Ise a_recd. EJCT)CGFNF.RAI. CONDITIONS 1910-8 (1990 F.(ition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . Rev10/20/07 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE:6084 Old Town Square Irrigation 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 TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: Contractors 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 $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: DATE: DATE: DATE: Rev 10/20/07 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Chanqe by Change Order: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: Rev10/20/07 Section 00960 Page 1 $0.00 $0.00 $0.00 CONTRACT AMOUNTS Bid Item Unit Number Description Quantity Units Price TOTALS APPLICATION FOR PAYMENT Work Work Completed Completed This Previous Month Periods Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE 2OF4 Work Completed Stored To Date Materials Total This Earned Percent Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount Period $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 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 Section 00960 Page 2 CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price TOTALS CHANGE ORDERS PROJECT TOTALS Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed Stored This Previous To Month Periods Date Materials This Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount Period $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE 3OF4 Total Earned Percent 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 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 CITY OF FORT COLLINS 10 January 2008 SECTION 01100 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGAITON A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Quality assurance. 2. Work phases. 3. Alternate bids. B. Related Sections include the following: 1. Division 1 Section " Temporary Facilities and Controls." 2. Division 2 Section "Earthwork." 3. Division 2 Section "Unit Pavers." 4. Division 2 Section "Irrigation." 1.3 QUALITY ASSURANCE A. Contractor must have successfully completed execution of a minimum of five (5) contracts involving the installation of irrigation and piping work similar in size and scope to that required for this project. B. Contractor must have successfully completed execution of a minimum of five (5) contracts involving the installation of unit pavers in sand setting bed similar in size and scope, or engage a partnering company with such experience. 1.4 WORK PHASES A. The Work shall be conducted in two phases in the following order, with each phase substantially complete before beginning the next phase: 1. Phase One: This phase shall be the largest section of Old Town Square Plaza. It shall include all areas not outlined as "Phase 2" on plan sheet LI 103. Work of this phase shall be substantially complete and ready for occupancy by May 2, 2008. 2. Phase Two: The remaining Work includes all areas outlined as "Phase 2" on plan sheet LI103, and shall be substantially complete and ready for occupancy by May 2, 2008 also. SUMMARY 01100 - 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGAITON 10 January 2008 B. Before commencing Work of each phase, submit a schedule showing the sequence, commencement and completion dates, and move -out and -in dates of Owner's personnel for all phases of the Work. 1.5 ALTERNATE BIDS A. Deletion of Phase 2 Work: If Contractor considers it is unlikely that Phase 2 work can be completed by May 2, 2008 an alternative bid may be submitted for only Phase 1 work to be completed by May 2, 2008. B. Two -wire Control System: A bid for a "two -wire" control system may be submitted in substitution for the conventional multiple control wire system specified. New control wire must be installed in any case. A two -wire system must be as sold by the following: 1. Weathermatic, SmartLine with two -wire module. 2. Toro, TDC. 3. Underhill International, Underhill 2 Wire (must be installed with a Hunter ICC Controller). 4. Hunter, ACC Decoder Controller C. Upright steel pipe may be installed to carry irrigation tubing to pavilion canopy for hanging pot watering as a substitution for boring through pavilion footing. 1. The pipe must be anchored with a footing sized to meet owner's requirement, connected to the pavilion canopy and coated to meet exact specifications of Pavilion coating. 2. Contractor must have previous experience with this type of construction or refer the work to a partnering company or subcontractor with experience of successful completion of such work. END OF SECTION SUMMARY 01100 - 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Sections include the following: 1. Division 2 Section "Earthwork." 2. Division 2 Section "Unit Pavers." 3. Division 2 Section "Irrigation." 1.3 DEFINITIONS A. Permanent Enclosure: As determined by Architect, permanent or temporary roofing is complete, insulated, and weathertight; exterior walls are insulated and weathertight; and all openings are closed with permanent construction or substantial temporary closures. 1.4 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. 17:11:141VA39 t0l018lo1C.1 2.1 MATERIALS A. Portable Chain -Link Fencing: Minimum 2-inch, 9-gage, galvanized steel, chain -link fabric fencing; minimum 6 feet high with galvanized steel pipe posts; minimum 2-3/8-inch-OD line posts and 2-7/8-inch-OD corner and pull posts, with 1-5/8-inch-OD top and bottom rails. Provide galvanized steel bases for supporting posts. B. Wood Enclosure Fence: Plywood, 4 feet high, framed with four 2-by-4-inch rails, with preservative -treated wood posts spaced not more than 8 feet apart. CITY OF FORT COLLINS 10 January 2008 2.2 TEMPORARY FACILITIES OLD TOWN SQUARE IRRIGATION A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Common -Use Field Office: Of sufficient size to accommodate needs of construction personnel. Keep office clean and orderly. Furnish and equip offices as follows: 1. Drinking water and private toilet. 2. Coffee machine and supplies. 3. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F. C. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. 1. Store combustible materials apart from building. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid -propane -gas or fuel -oil heaters with individual space thermostatic control. 1. Use of gasoline -burning space heaters, open -flame heaters, or salamander -type heating units is prohibited. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. Staging area may be located at north end of Plaza when ice rink is removed. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. C. Heating: Provide temporary heating required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. IIIa1�Tjla]MR; aVNITOIaIllMV:10110fIt]01YMe) IIF11112% CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION D. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. E. Electric Power Service: Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install lighted Project identification sign. 2. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. 1. Provide dust -control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to Division 2 Section "Earthwork." 3. Recondition base after temporary use, including removing contaminated material, regrading, proofrolling, compacting, and testing. C. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire -fighting equipment and access to fire hydrants. D. Parking: Provide temporary parking areas for construction personnel. E. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. F. Project Identification and Temporary Signs: Provide Project identification and other signs to inform public and individuals seeking entrance to Project. Unauthorized signs are not permitted. 1. Provide temporary, directional signs for construction personnel and visitors. 2. Maintain and touchup signs so they are legible at all times. CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION G. Waste Disposal Facilities: Provide waste -collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 1 Section "Execution Requirements" for progress cleaning requirements. 1. Lifts, hoist and motorized vehicles are considered "tools and equipment" and not temporary facilities. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION Provide protective coverings, barriers, devices, signs, or other procedures to protect A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil -bearing water runoff and airborne dust to adjacent properties and walkways, according to requirements of authorities having jurisdiction. 1. Inspect, repair, and maintain erosion- and sedimentation -control measures during construction until permanent vegetation has been established. C. Stormwater Control: Comply with authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. D. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion. E. Site Enclosure Fence: Before each construction phase begins, furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. Extent of Fence: As required to enclose Project site portion determined sufficient to accommodate construction operations. F. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. G. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. H. Temporary Walkway: Erect structurally adequate, protective, sturdy walkway for passage of individuals over excavated areas if they cannot be backfilled before pedestrians must enter. Coordinate with entrance gates, other facilities, and obstructions. IIDIM 1'ZIt7MRMaZT81IaIIIIMI :V11X91301I G) IjM111E! CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Provide dry 3/4" plywood decking, protective enclosure walls, barricades, warning signs, lights, safe and well -drained walkways, handrails if necessary and similar provisions for protection and safe passage. If decking cannot be kept dry install rubber mats to ensure safe pedestrian access. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Operate Project -identification -sign lighting daily from dusk until dawn. D. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. E. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. Remove temporary paving not intended for or acceptable for integration into permanent paving. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. 3. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 1 Section "Closeout Procedures." END OF SECTION I1101'ZIt7MRWaZT81IaIIIIMV.11011X91t]0UY:ZIt7r1. I K1111MI CITY OF FORT COLLINS 10 January 2008 SECTION 02300 - EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Preparing subgrades for concrete pavers. 2. Subbase course for concrete pavers. 3. Subsurface drainage backfill for walls and trenches. 4. Excavating and backfilling trenches for buried irrigation piping and wiring. B. Related Sections include the following: 1. Division 1 Section "Temporary Facilities and Controls" for temporary controls, utilities, and support facilities. 2. Division 2 Section "Unit Pavers." 3. Division 2 Section "Irrigation." f�c��J�1�11►1�M[�]►�y A. Backfill: Soil material or controlled low -strength material used to fill an excavation. 1. Sub -base Backfill: Backfill placed under aggregate base. 2. Sand Backfill: Backfill placed around pipe and in paver seting bed. B. Aggregate Base: Course placed between the sub -base course and setting bed sand. C. Sand Setting Bed: Course placed over the aggregate base and in a trench before laying pipe. D. Borrow Soil: Satisfactory soil imported from off -site for use as fill or backfill. E. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Architect. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. EARTHWORK 02300 - 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 F. Fill: Soil materials used to raise existing grades. G. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. H. Aggregate Sub -Base Course: Course placed between the sub -base and paver sand setting bed. I. Sub -base: Undisturbed soil under aggregate sub -base. J. Utilities: On -site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.4 SUBMITTALS A. Product Data: For the following: 1. Each type of plastic warning tape. 2. Geotextile. 3. Controlled low -strength material, including design mixture. B. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated: 1. Classification according to ASTM D 2487 of each borrow soil material proposed for fill and backfill. 2. Laboratory compaction curve according to ASTM D 698 for each borrow soil material proposed for fill and backfill. 1.5 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTM E 329 to conduct soil materials and rock -definition testing, as documented according to ASTM D 3740 and ASTM E 548. B. Preexcavation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." 1.6 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Owner and then only after arranging to provide temporary utility services according to requirements indicated. 1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner's written permission. 3. Contact utility -locator service for area where Project is located before excavating. EARTHWORK 02300 - 2 CITY OF FORT COLLINS 10 January 2008 PART 2 - PRODUCTS 2.1 SOIL MATERIALS OLD TOWN SQUARE IRRIGATION A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT according to ASTM D 2487, or a combination of these groups. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Sub -Base Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1- 1/2-inch sieve and not more than 12 percent passing a No. 200 sieve. E. Engineered Aggregate Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1- 1/2-inch sieve and not more than 12 percent passing a No. 200 sieve. F. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch sieve and not more than 8 percent passing a No. 200 sieve. 2.2 GEOTEXTILES A. Separation Geotextile: Woven geotextile fabric, manufactured for separation applications, made from polyolefins or polyesters; with elongation less than 50 percent; complying with AASHTO M 288 and the following, measured per test methods referenced: 1. Survivability: Class 2; AASHTO M 288. 2. Grab Tensile Strength: 247 lbf ; ASTM D 4632. 3. Sewn Seam Strength: 222 lbf ; ASTM D 4632. 4. Tear Strength: 90 lbf ; ASTM D 4533. 5. Puncture Strength: 90 lbf ; ASTM D 4833. 6. Apparent Opening Size: No. 60 sieve, maximum; ASTM D 4751. 7. Permittivity: 0.02 per second, minimum; ASTM D 4491. 8. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355. 2.3 ACCESSORIES A. Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 inches wide and 4 mils thick, continuously EARTHWORK 02300 - 3 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION inscribed with a description of the irrigation pipe or control wire, installed 6" above irrigation pipe or wire conduit. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Protect and maintain erosion and sedimentation controls. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. 2. Install a dewatering system to keep subgrades dry and convey ground water away from excavations. Maintain until dewatering is no longer required. 3.3 EXPLOSIVES: Do not use explosives. 3.4 EXCAVATION, GENERAL A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. 3.5 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades. 3.6 UNAUTHORIZED EXCAVATION EARTHWORK 02300 - 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill, with 28-day compressive strength of 2500 psi , may be used when approved by Architect. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Architect. 3.7 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.8 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Construction below finish grade including, where applicable, subdrainage, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Removing trash and debris. 4. Removing temporary shoring and bracing, and sheeting. B. Place backfill on subgrades free of mud, frost, snow, or ice. A. Place and compact fill material in layers to required elevations as follows: 1. Under planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under building slabs, use engineered fill. B. Place soil fill on subgrades free of mud, frost, snow, or ice. 3.10 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice. EARTHWORK 02300 - 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.11 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches of existing subgrade and each layer of backfill or fill soil material at 95 percent. 2. Under walkways, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 95 percent. 3. Under lawn or unpaved areas, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 85 percent. 3.12 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1/2 inch. 2. Walks: Plus or minus 1/2 inch. 3. Pavements: Plus or minus 1/2 inch. C. Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch when tested with a 10-foot straightedge. 3.13 SUBBASE AND BASE COURSES A. Place aggregate course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place aggregate course under pavements and walks as follows: EARTHWORK 02300 - 6 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 1. Install separation geotextile on prepared subgrade according to manufacturer's written instructions, overlapping sides and ends. 2. Shape subbasecourse to required crown elevations and cross -slope grades. 3. Place subbasecourse 6 inches or less in compacted thickness in a single layer. 4. Place subbasecourse that exceeds 6 inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches thick. 5. Compact subbasecourse at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 698. 3.14 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent geotechnical engineering testing agency to perform field quality -control testing. B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. Footing Subgrade: If footing subgrade is disturbed test will be performed to verify design bearing capacities. D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. At a minimum, tests will be performed at the following locations and frequencies: 1. Trench Backfill: At each compacted initial and final backfill layer, at least 1 test for each 150 feet or less of trench length, but no fewer than 2 tests. E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. 3.15 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Architect; reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. EARTHWORK 02300 - 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION EARTHWORK 02300 - 8 CITY OF FORT COLLINS 10 January 2008 SECTION 02780 - UNIT PAVERS PART 1 - GENERAL 1.01 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Concrete pavers set in sand setting bed. 2. Edge restraints for unit pavers. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for compacted subgrade and subbase course, if any, under unit pavers. 1.03 SUBMITTALS A. Product Data: For the following: 1. Concrete pavers. 2. Sand setting bed sieve analysis report. 3. Sand joint filler sieve analysis report. B. Samples for Initial Selection: Manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available for each type of unit paver indicated. 1. Include similar Samples of material for joints and accessories involving color selection. C. Samples for Verification: Full-size units of each type of unit paver indicated; in sets for each color, texture, and pattern specified, showing the full range of variations expected in these characteristics. 1. Include Samples of exposed edge restraints. D. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, square footage of unit pavers installed, names and addresses of architects and owners, and descriptions of subbase preparation. UNIT PAVERS 02780 - 1 CITY OF FORT COLLINS 10 January 2008 1.04 QUALITY ASSURANCE OLD TOWN SQUARE IRRIGATION A. Installer Qualifications: An experienced installer who has completed unit paver installations similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a minimum 5 year record of successful in-service performance. B. Source Limitations: Obtain each type of unit paver, joint material, and setting material from one source with resources to provide materials and products of consistent quality in appearance and physical properties. C. Mockups: Before installing unit pavers, build mockups for each form and pattern of unit pavers required to verify selections made under sample Submittals and to demonstrate aesthetic effects and qualities of materials and execution. Build mockups to comply with the following requirements, using materials indicated for the completed Work, including same base construction, special features for expansion joints, and contiguous work as indicated: 1. Build mockups in a location indicated as permanent installation and of the size indicated as directed by Engineer. 2. Notify Engineer seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Engineer's approval of mockups before starting unit paver installation. 5. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.05 DELIVERY, STORAGE, AND HANDLING A. Protect unit pavers and aggregate during storage and construction against soiling or contamination from earth and other materials. 1. Cover pavers with plastic or use other packaging materials that will prevent rust marks from steel strapping. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Concrete Pavers: a. Hanover Engineerural Products, Inc. b. Hastings Pavement Co., Inc. C. Pavestone, Inc. d. Wassau Tile, Inc.; Terra -Paving Div. UNIT PAVERS 02780 - 2 CITY OF FORT COLLINS 10 January 2008 2.02 COLORS AND TEXTURES OLD TOWN SQUARE IRRIGATION A. Colors and Textures: As indicated by manufacturer's designations as follows: 1. Pavestone Plaza 1 Stones in random Pattern. Color to be a random mix of 50% of each Pavestone standard color "Old Town Blend" and "Winter Blend." 2. Pavestone Plaza 1 Stones running bond pattern. Color to be a random mix of 50% of each Pavestone standard color "Old Town Blend" and "Winter Blend." 2.03 UNIT PAVERS A. Concrete Pavers: Solid, interlocking paving units, ASTM C 936, made from normal -weight aggregates in sizes and shapes indicated, with minimum 28-day compressive strength of 5000 psi. 2.04 AGGREGATE SETTING -BED MATERIALS A. Graded Aggregate for Subbase: Sound crushed stone or gravel complying with ASTM D 448 for Size No. 57. B. Graded Aggregate for Base: Sound crushed stone or gravel complying with ASTM D 448 for Size No. 8. C. Sand for Leveling Course and for Backfill around irrigation pipe and conduit: Sound, sharp, washed, natural sand or crushed stone complying with gradation requirements of ASTM C 33 for fine aggregate. D. Sand for Joints: Fine, sharp, washed, natural sand or crushed stone with 100 percent passing No. 16 (1.18-mm) sieve and no more than 10 percent passing No. 200 (0.075-mm) sieve. PART 3 - EXECUTION 3.01 EXAMINATION A. Examine areas indicated to receive paving, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 PREPARATION A. Compact subgrade surface to check for unstable areas and areas requiring additional compaction. Proceed with unit paver installation only after deficient subgrades have been corrected and are ready to receive subbase for unit pavers. 3.03 INSTALLATION, GENERAL UNIT PAVERS 02780 - 3 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 A. Do not use unit pavers with chips, cracks, voids, discolorations, and other defects that might be visible or cause staining in finished work. B. Mix pavers from several pallets or cubes, as they are placed, to produce uniform blend of colors and textures. C. Cut unit pavers with motor -driven masonry saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable. 1. For concrete pavers, a block splitter may be used. D. Joint Pattern: As indicated. E. Tolerances: Do not exceed 1/32-inch unit -to -unit offset from flush (lippage) nor 1/8 inch in 10 feet from level, or indicated slope, for finished surface of paving. F. Provide edge restraints as indicated. Install edge restraints before placing unit pavers. 1. Install job -built concrete edge restraints to comply with requirements in Division 3 Section "Cast -in -Place Concrete." 3.04 AGGREGATE SETTING -BED PAVER APPLICATIONS A. Compact soil subgrade uniformly to at least 95 percent of ASTM D 1557 laboratory density. B. Place aggregate base in thickness indicated. Compact by tamping with plate vibrator and screed to depth required to allow setting of pavers. C. Place leveling course and screed to a thickness of 1 to 1-1/4 inches, taking care that moisture content remains constant and density is loose and constant until pavers are set and compacted. Place leveling course such that installed unit pavers will set 1/8 to 1/4 inches above edge restraints. D. Treat leveling base with soil sterilizer to inhibit growth of grass and weeds. E. Set pavers with a minimum joint width of 1/16 inch and a maximum of 1/8 inch, being careful not to disturb leveling base. If pavers have spacer bars, place pavers hand tight against spacer bars. Use string lines to keep straight lines. Fill gaps between units that exceed 3/8 inch with pieces cut to fit from full-size unit pavers. 1. When installation is performed with mechanical equipment, use only unit pavers with spacer bars on sides of each unit. F. Vibrate pavers into leveling course with a low -amplitude plate vibrator capable of a 3500- to 5000-lbf compaction force at 80 to 90 Hz. Perform at least three passes across paving with vibrator. Vibrate under the following conditions: 1. After edge pavers are installed and there is a completed surface or before surface is exposed to rain. UNIT PAVERS 02780 - 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 2. Before ending each day's work, fully compact installed concrete pavers to within 36 inches of the laying face. Cover open layers with nonstaining plastic sheets overlapped 48 inches on each side of the laying face to protect it from rain. G. Spread dry sand and fill joints immediately after vibrating pavers into leveling course. Vibrate pavers and add sand until joints are completely filled, then remove excess sand. Leave a slight surplus of sand on the surface for joint filling. H. Do not allow traffic on installed pavers until sand has been vibrated into joints. I. Repeat joint -filling process 30 days later. 3.05 REPAIR, POINTING, CLEANING, AND PROTECTION A. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment and with no evidence of replacement. END OF SECTION UNIT PAVERS 02780 - 5 No Text CITY OF FORT COLLINS 10 January 2008 SECTION 02810 - IRRIGATION PART 1 - GENERAL 1.01 SCOPE OLD TOWN SQUARE IRRIGATION Furnish all labor, materials, supplies, equipment, tools, and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of work specifically included are: A. Procurement of all applicable licenses, permits, and fees. B. Marking of existing utility locations with chalk -based paint for easy removal. C. Connection of irrigation mainline from existing irrigation tap. D. Installation of irrigation system. E. Connection of irrigation control system. F. Maintenance period. 1.02 RELATED WORK A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.03 SUBMITTALS A. Submit work schedule naming dates that each phase and task will be completed to ensure work completion by May 2, 2008. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturer's catalog cuts, specifications, and operating instructions for equipment shown on the materials list. D. Shop Drawings: Submit shop drawings called for, but not included in the installation details. Shop products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Controller Charts: Submit controller charts for review. IRRIGATION 02810 - 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 1.04 RULES AND REGULATIONS A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. B. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. 1.05 TESTING A. Notify the Owner's Representative three days in advance of testing. B. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owner's Representative. D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. E. Hydrostatic Pressure Test: 1. Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 2. Subject mainline pipe to a hydrostatic pressure equal to 100 psi for two hours. Leakage will be detected by visual inspection. Upon detection of leaks, replace defective pipe, fitting, joint, valve, or appurtenance as appropriate to eliminate leak. Repeat the test until the pipe passes test (no leaks). The Owner's Representative must visually verify the test result and provide written approval. F. Coverage Test: 1. Activate each remote control valve in sequence. The Owner's Representative will visually observe water application patterns. 2. Adjust or move system components to correct coverage deficiencies. Repeat the test until the system passes test. G. Cement or caulking to seal leaks is prohibited. 1.06 REVIEWS A. Sprinkler Layout Review: IRRIGATION 02810 - 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 1. Notify Owner's Representative three days in advance of review. Static pressure at water supply must be verified prior to review. 2. Stake each sprinkler location, remote control valve assembly, gate valve, and all other irrigation system assemblies (including mainline and lateral lines). Different sprinkler types shall be clearly marked. Revise layout as directed by Owner's Representative. Layout review may be repeated at discretion of Owner's Representative. 3. All landscape edging, tree locations, and other known site features must be staked or clearly marked prior to sprinkler layout review. 4. Where the irrigation system must be modified due to discrepancies between the irrigation plans and actual site conditions, the layout shall be modified per the direction of the Owner's Representative. Where modifications result in the addition or deletion of irrigation equipment, the Contractor shall be paid, or the Owner credited, per irrigation unit cost schedule. 5. Layout review shall occur prior to installation of irrigation system unless otherwise directed by Owner's Representative. B. Review will occur at substantial completion of irrigation system. C. Final review will be performed after completion of punch list items and the completion of record (as -built) drawings. 1.07 GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. For a period of one year from the date of final acceptance, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within three days of notification from the Owner's Representative. B. Contract documents govern replacements the same as new work. Make replacements at no cost in contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. IRRIGATION 02810 - 3 CITY OF FORT COLLINS 10 January 2008 PART 2: MATERIALS 2.01 QUALITY OLD TOWN SQUARE IRRIGATION A. Materials used in the system shall be new and without flaws or defects of any type, and shall be the best of their class and kind. 2.02 SUBSTITUTIONS A. Substitutions are not encouraged and as a general rule will not be allowed. B. Submit requests for substitutions prior to bidding. Subsequent requests for substitutions will be considered only when a product becomes unavailable. C. Submit complete data showing compliance with the Contract Documents. D. In making a request for substitution, the Contractor represents that he: 1. Has investigated the proposed substitution and found that it is of the same or better quality level, capacity, function, or appearance than the specified product. 2. Will coordinate installation and make modifications to the work, which may be required for complete installation. 3. Will bear all costs resulting from necessary changes caused by the substitution. E. The Owner will determine acceptability of proposed substitution and will notify Contractor of acceptance or rejection. F. Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.03 ALTERNATE CONTROL SYSTEM A. Bid may be submitted for installation of Phase 1 only in 2008. B. Bid may be submitted for installation of two -wire control system as sold by Weathermatic, Toro or Underhill International as an alternative to existing controller and conventional multiple control wiring system C. Bid may be submitted for irrigation pipe access to pavilion area by altenative means. 2.04 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle, as shown on drawings. B. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. IRRIGATION 02810 - 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION C. Sleeving beneath drives and streets shall be PVC Schedule 40 pipe with solvent welded joints. D. Sleeving diameter: As indicated on the drawings and installation details, but not less than twice the nominal size of pipe held within. 2.05 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1. Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral belled end. 2. Use Schedule 40, conforming to the dimensions and tolerances established by ASTM Standard D1785. 3. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D 1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Lateral Pipe and Fittings: Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral belled end suitable for solvent welding. 2. Use Class 200, SDR-21, rated at 200 psi, conforming to the dimensions and tolerances established by ASTM Standard D2241. a. Fittings for PVC pipe shall be Schedule 40, Type I, PVC solvent weld fittings-ASTM Standards D2466 and D1784. b. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. C. Specialized Pipe and Fittings: Copper pipe: Type "K" rigid conforming to ASTM Standard B88. a. Fittings shall be wrought copper or cast bronze, soldered or threaded per the installation details. Solder shall be 95% tin and 5% antimony. 2. Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. IRRIGATION 02810 - 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 4. Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. 2.06 MAINLINE COMPONENTS A. Isolation Ball Valve Assembly: as presented in the installation details. B. Quick Coupling Valve Assembly: swing joints as presented in the installation details. C. Remote Control Master Valve: install as presented in the installation details. D. Winterization Assembly: Install as presented in the installation details, on backflow preventer at approximate location shown on plan. Install quick coupler valve assembly for the purpose of winterization on PVC pipe near Old Town Square point of connection. 2.07 SPRINKLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler and Drip Laterals: as presented in the installation details. B. Sprinkler Assembly: as presented in the drawings and installation details. C. Irrigation Controller Unit: 1. Attach control wire to existing controller as shown on plan. 2. Wire markers: Prenumbered or labeled with indelible nonfading ink, made of permanent, nonfading material. D. Control Wire: 1. Electric wire from the controller unit to each remote control valve shall be American Wire Gauge (AWG) No. 14 solid copper, Type OF cable, UL approved for direct underground burial. Common wire shall be AWG No. 12 solid copper, Type OF cable, UL approved for underground burial. 2. Color: Wire color shall be continuous over its entire length. Use white for common ground wire. Make no underground splices in common wire except at valves. Use easily distinguished colors for other control wires. Spare control wires shall be of a color different from that of the active control wire. Use different wire colors for the common, control, and spare for each controller. NO EXCEPTIONS. 3. Splices: As presented in installation details. 4. Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. All wire under sidewalks and pavements shall be encased in a sleeve. 2.08 DRIP IRRIGATION IRRIGATION 02810 - 6 CITY OF FORT COLLINS 10 January 2008 A. As shown on plan and details. 2.09 OTHER COMPONENTS OLD TOWN SQUARE IRRIGATION A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other items, and spare parts indicated in the General Notes of the drawings. PART 3 - EXECUTION 3.01 INSPECTIONS AND REVIEWS A. Site Inspections: 1. Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owner's Representative prior to beginning work. 2. Beginning work of this section implies acceptance of existing conditions. B. Irrigation System Layout Review: Irrigation system layout review will occur after the layout has been completed. Notify the Owner's Representative two days in advance of review. Modifications will be identified by the Owner's Representative at this review. C. Verify locations of underground utilities and make markings with chalk -based paints for easy removal. 3.02 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, controller, and isolation valves. Any markings must be made with chalk -based paint. 3.03 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover over all pipe and wire shall be as presented in the installation details. C. PVC lateral pipes may not be pulled into the soil utilizing a vibratory plow device. Minimum burial depths per installation details. D. Backfill only after lines have been reviewed and tested. E. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than two inches in maximum dimension. IRRIGATION 02810 - 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects and rocks which may damage the pipe. F. Backfill unsleeved pipe in either of the following manners: 1. Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2. Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. G. Enclose pipe and wiring beneath roadways, walks, curbs, etc., in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D 698-78. Use of water for compaction around sleeves, "puddling," will not be permitted. H. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. I. Where utilities interfere with irrigation trenching and pipe work, contact the Owner's Representative for trench depth adjustments. 3.04 IRRIGATION TAP AND WATER METER A. Connect to tap and water meter as shown on irrigation plan. 3.05 SLEEVING AND BORING A. Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth. B. Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. Mark concrete with a chiseled "X" at sleeve end locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.06 ASSEMBLING PIPE AND FITTINGS A. General: 1. Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: IRRIGATION 02810 - 8 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. C. Snake pipe from side to side within the trench. d. Snake pipe from side to side within the trench. e. Install thrust blocks as specified in the installation details C. Lateral Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. C. Snake pipe from side to side within the trench. D. Specialized Pipe and Fittings: 1. Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2. Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3. PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. C. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 4. Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. 3.07 INSTALLATION OF MAINLINE COMPONENTS A. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so that its elevation, orientation, access, and drainage conform to the manufacturer's recommendations and applicable health codes. Include `Strong Box' enclosures. B. Isolation Ball Valve Assembly: Install where indicated on the drawings. IRRIGATION 02810 - 9 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 C. Quick Coupling Valve Assembly: Install where indicated on the drawings. D. Winterization Assembly: Install where indicated on the drawings, on backflow if possible. 3.08 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler Laterals: 1. Flush mainline before installation of RCV assembly. 2. Install where indicated on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Install connectors and sealant per the manufacturer's recommendations. 3. Adjust RCV to regulate the downstream operating pressure. B. Sprinkler Assembly: 1. Flush lateral pipe before installing sprinkler assembly. 2. Install per the installation details at locations shown on the drawings. 3. Set sprinklers perpendicular to the finish grade. 4. Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance. 5. Adjust the radius of throw of each sprinkler for best performance. 3.09 INSTALLATION OF DRIP COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: 1. Flush mainline before installation of RCV assembly. B. Dripperline: Install as shown drawings and details, and as recommended by manufacturer. 1. Flush drip laterals and dripperline thoroughly before completion of each lateral. 2. At completion of lateral installation note and record pressure at flush/test valve. 3.10 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1. The location of the controller unit as depicted on the drawings is approximate. 2. Lightning protection: Provide on all remote control valve wiring as recommended by the manufacturer. Provide other components such as ground rod, grounding wire, etc., to manufacturer's recommendations. 3. Install primary surge protection arrestors on incoming power lines. 4. Install one valve output surge protection arrestor on each control wire and one for the common wire. IRRIGATION 02810 - 10 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 5. Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. 6. Connect control wires to the corresponding controller terminal. B. Control Wire: 1. Bundle control wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10-foot intervals. 2. Provide a 24-inch excess length of wire in an 8-inch diameter loop at each 90' change of direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of wiring. Do not tie wiring loop. Coil 24-inch length of wire within each remote control valve box. 3. Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are not permitted. Install Four (4) spare control wires and one (1) spare common wire along the entire length of the mainline. Provide a 24-inch length of wire from each end of the spare control wires coiled in the control enclosure, and provide a 24-inch length of coiled wire for each spare control wire in a 6-inch round valve box at each distal end of the mainline pipe. 4. If a control wire must be spliced, make splice with 3M-DBY type wire connectors installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate, appropriately sized valve box. Use same procedure for connection to valves as for in -line splices. 5. Unless noted on plans, install wire parallel with and under PVC mainline pipe. 6. Encase wire not installed with PVC mainline pipe in electrical conduit. 3.10 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: Prior to final acceptance, supply to the Owner operating keys, servicing tools, test equipment, spare parts indicated in the General Notes on the drawings, and any other items indicated on the drawings. B. Other Materials: Install other materials or equipment shown on the drawings or installation details to be part of the irrigation system, even though such items may not have been referenced in these specifications. 3.11 PROJECT RECORD DRAWINGS A. Prior to substantial completion, obtain from the Owner's Representative copies of the appropriate Drawings in AutoCAD format. Using AutoCAD, duplicate information contained on the Record Drawings maintained on site. Provide electronic AutoCAD format as -built drawings on compact disc to the Owner. Label each sheet "Record Drawing". On the first sheet, the Contractor or resident superintendent shall execute the following statement: IRRIGATION 02810 - 11 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 Having reviewed this document and all attachments, I affirm that, to the best of my knowledge, the information presented here is true and accurate. Signed: Position: Date B. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backflow prevention device, each controller or control unit, each sleeve end, and other irrigation components enclosed within a valve box. 3.12 CONTROLLER CHARTS A. Prior to final acceptance, prepare a reduced copy of the as -built plans, with valve numbering clearly highlighted at the reduced scale. The reduced plan shall be sized to fit flat within the controller, laminated in plastic, and placed in the controller. 3.13 CLEANUP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. 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Z m Z ti N Z O O D m v m r wcn m 2.z mp-omyor x W om Nov z z{ Om c z r ��nOmonI< 2� O w mN Z2Omm ZDrf n m W m''I ~ p� p A OZc sp 'p �!n N D xz �r �x nm _ < x nn Z p =rm .mmv zLn nm ➢. �1 a7 N N P p- r= { �m O �O Z AD 0m m MZ - �]Ra `L-�Dm`C m G) oD N- O D> `C m m m Z OZ Om S y Z m N O\ N A = m f*1 p Z r j Z A r r \ '-O .Zl - p 0 O L,o tn�➢p I, .Tl > �m NT r Z f s p Om v Om.,=�2'I Z] Z a m D Z A m x>MO vo i ZN DO< Om mr '�- A ommo�M_ oZ o m mKu II -III -III I II n 1 N A o m 6 m III-111 1 p Z -111-111 O m -� I I I=1 I I m r -111-I I I-11 ` e IIII = o0 11111111111111111 1�1-1�1 p -I I -III-III- '- L =1 y a IIII _ �-- Z - - = Q I I I-1 i I I III=111- III=1 1= N r m< I I III- - I - III: III=1I1= III m m -III J m a I I-1 I_-1 I N I I=1 I I=1_ 1 III z u l l =1 I I=1 I I -I I-1 I I -III I I RE A Z I=III IIIII 1111�11111�11111�111 I.IIIIII. a II III=III= a T` = a 70 I I -III -I r N I�II1;. IIII a IJ=1 I I I 11=111=I I I= I I-1I I=1 I. 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