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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - CONTRACT - BID - 6088 CONCRETE MAINTENANCE PROJECT PHASE IIAdministrative Services Purchasing Division 215 N Mason St 2 " Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 fcgov com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Concrete Maintenance Project -Phase II BID NO 6088 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS March 11, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 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 sub3ect 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 Rev 10/20/07 Section 00100 Page 4 uncovering, exposure observation inspection, testing replacement and reconstruction, and if the parties are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWA'ER Blab Stop the Work 13 10 It the Work is defective or CONTRACTOR fads to supply sufficient skilled workers or suitable materials or equipment or fads to furnish or perform the W ork in such a way that the completed Work will conform to the Contract Documents OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give rise to my duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or anv, surety or other party Correction or Removal ofDefechve Work 13 11 If required by ENGINEER, CONTRACTOR shall promptly as directed, either correct all defective Work whether or not fabricated, installed or completed or if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defectne CONTRACTOR shall pay all olamis costs, leases and damages caused by or resulting from such correction or removal lmoluding but not limited to all costs of repair or replacement of work of others) 13 12 ( ooreetion Penod 1 v I� I If within one -yall r two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or bN the terms of anv appheaNe special guarantee required by the Contract Documents or by any specific prov isron of the Contrget Documents, am, Work is found to be defeahve CONTRACTOR shall promptly withoutcost to OWNER and in accordance with OWNERS written instructions (I) correct such dafechve Work or if it has been rejected by OWNER remove it front the site and replace it with Work that is not defectne and (u) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTR A( TOR does not promptly oomph with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage OWNER may have the defechr e Work corrected or the rejected Work removed and replaced and all claims costs losses and damages caused by or resulting from such removal and replacement (mcludmg but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13 12 2 In special cmcurristances where a particular item of equipment is placed in continuous service before 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 by Written Amondment 13123 Where delechve Work (and damage to other �S ER DC GENERAL CONDM ONs 19109(1990 Edt,M) w/ CI TY OF FORT COLLINS MODIFICATIONS (REV 4 1000) Work resulting therefrom) has been corrected removed or replaced under this paragraph 11 12 the correction period hereunder with respect to such Work will be extended for an additional period of ona-yem two years after such correction a removal and replacement has been sausfactoril) completed Iceeptance ofDefechve Work 13 13 If instead of requiring correction or removal and replacement of defechve Work OWNER (and, prior to ENGINEERS recommendation of Imal payment, also ENGINEER) prefers to accept it OWNER may do so CONTRACTOR shall pay all claims costs, losses and damages attributable to OWNERs ebaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENCNEERs rewmmendation of final payment a C hange Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and it the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as provided in Article 11 If the acceptance occurs nffer such recommendation an appropriate amount will be paid by CON l RACTOR to OWNER OWAFR Vat, Coneet Defechve Work 13 14 If CONTRA( TOR tads within a reasonable time after written notice from ENGINEFR to correct defevtive Work or to remove and replace rejected Work as required by FNGINEER in accordance with paragraph 13 11 or if ( ONTRACTOR fails to perform the Work in ecwrdance with the Contract Documents or if CONTRA( TOR fads to comply with any other provision of thr Contract Documents OWNER may after seven days written notice to CONTRACTOR, correct and remedv any such deficiency In exercising the rights and remedies tinder this paragraph OWNER shall proceed expeditiously In connection with such correctoe and remo&al action, OWNER may exclude CONTRACTOR from all or part of the site take possession of all or part of the Work and suspend CONTRACPORs services related thereto take possession of CONTRACTORS tools applwne s wnstnretion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER. OWNERS representatives arents and employees, OW'NERs other contractors and ENGINEER and ENGINEERs Consultants aches to the site to enable OWNER to exercise the rights and remedies under this paragraph All dams, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be changed against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an sppropnate decrease in the Contract Pric, and if the parties are unable to agree as to the amount thereof OWNER may make R loan therefor is provided in Article 11 Such claims costs losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defecrne Work CONTRACTOR shah not be allowed an extension of the Contract Tunes (or Nfilestones) because of any delay in performance of the W ork attributable to the exercise by OWNER of OWNERS rights and remedies hereunder ARTICI E 14- PAYMENTS TO CONTRACTOR AND CONIPI ETION Schedule of 6aluev 141 The schedule of values established as provided in paragraph 2 Q w ill serve as the basis for progress payments and will be incorporated into a toms of Application for Pavment acceptable to ENGINEER Progress payments on account of Unit Pries Work will be based on the number of units completed Application for Progress Payment 142 At least tw enty days before the date established for each progress payment (but not more often than once a month) CONTRACTOR shall submit to ENGINEER for rei new an Application for Pan merit filled out and signed by ( ONTRACTOR covering the Work completed as of the date of the Application and accompanied In such supporting documentation as is required by the Contract Documents if payment Is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale invoice or other doutmentation warranting that OWNER has recened the materials and equipment free and clear of all Liens and evidence that the materials and equipment UL covered by appropriate property insurance and other arrangements to protect OWNERS interest therem, all of which will b, satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the Agreement Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv arrangements ins olvnng an escrow or -ustodmnshnn By executing the application for revment form the (ONPRACTOR expressh waives his right to the bcnetits of Colorado Revised Statutes. Section 24 91 101 et seu CO VTRACTOR s Warranty of Title 14, CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered bit arw Application for Payment, whether incorporated in the Project or not will pass to OWNFR no later than the time of payment free and clear of all Liens Review of 4pplrcahons for Progress Payment 144 ENGINEER will within ten dass after reccnpt of each Application for Pavment either indicate in writing a E]CDC GENERAL CONDITIONS 191M (1990 E(Ltion) w1 CITY OF FORT COLI INS MODIFICATIONS (REV 4P000) recommendation of pavnnent and present the Application to OWNER or return the Application to CONI RACTOR indicating in writing ENGINEERs masons for refusing to recommend payment In the latter case CONE RACE OR man make the necessary eorrectrons and resubmit the Application Ten days after presentation of the Application for Payment to OWNER with ENCENEERs recommendation the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid bi OWNER to CONTRACTOR 14y FNGINEERs recommendation of am payment requested in an Application for Payment will constitute s representation by ENGINEER to OWNTER based on ENGINEERS an site observations of the executed Wort. as an experienced and qualified design professional and on ENGINEERS review of the Application for Pavment and the accompanvnng data and schedules that to the best of ENGINEER s knowledge information and behef 14 5 1 the Work has progressed to the point indicated Id 52 the quality of the Work is gcmeralh in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to a upon Substantial Completion t-h the results of any subsequent tests called for in the Contract Documents to a final detennnation of quantities and classifications for Unit Price Work under paragraph 9 10 and to any other qualifications stated in the recommendation) and 14 5 3 the conditions precedent to CONTRA( TORS being entitled ro such payment appear to have been fulfilled insofar is it its ENGINFER s responsibihn to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (il exhaustn e or continuous on site inspections have been made to check the quality or the quantity of the Work beyond the responsibihttes specifically assigned to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERS recommendation of any pavment including final payment, shall not mean that ENGINEER is responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to oomph with Laws and Regulations applicable to the fumnshmg or 1wrtormance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or my part of any pavment if in ENGINEERS opinion, it would be incorrect to make th representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment or because of subsequently discoN ered evidence or the results of subsequent Inspections or tests nullity any such pavment previoush recommended, to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because 147 1 the Work is defective or completed Work has been dam aged requiring correction or replacement 1472 the Contract Price has been reduced by W ritten Amendment or Change Order 1473 OWNER has been required to correct cefective Work or complete Work in aocordancc with paragraph 1, 14 or 1474 EN(INTFR has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 mclusn e OWNER ma} refuse to make payment of the full amount recommended by ENGINEER because 14 7 S claws hat e been made against OWNER on account of CONTRACTORS performance or famishing of the Work 1476 Liens hate been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens 1477 there are other items entitling OWNER to a set off against the amount recommended, or 1478 OWNER has actual knowledge of the acurrence of any of the events enumerated in paragraphs 14 7 1 through 147 � or paragraphs 15 2 1 through 15 2 4 Inclusive but OWNER must give CONTRACTOR Immediate written notice (with a copy to ENGINEER) stating the reasons for such sction and promptly pav CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when COMRX.dOR corrects to OWNERS satisfaction the reasons for such action Substantial (,omplehon 148 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OW NER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER C ON f RACT OR and ENGINEER shall male in inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete ENGINEER will notift CONTRACTOR in writing gning the reasons therefor If ENGINEER 30 F1( DC GENERAL CONDITIONS 1910 8 (1990 UMM) w CITY OF FORT COLLINS MODIFICATIONS MO 412000) considers the Work substantialh complete FNGINEER w ill prepsre and deliver w OWNER a tentatn a certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list. of Items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to male written objection to ENGINEER as to any prosrsions of the certificate or attached list If after considering such objections, FNGINEFR concludes that the W ork is not substantially complete ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in witting stating the reasons therefor If after consideration of OWNERs objections ENGINEER considers the Work substantially complete ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Subgmtml Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes front the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER At the time of delivery of the tenmtne certificate of Substantial Completion FNCINFER will deliver to OWNER and C ONTRAC.TOR a wntten recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security operation, safety maintenance heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so Inform ENGINEER in writing prior to ENGINEERS issuing the definitive certificate of Substantial Completion, FN( INEERs aforesaid recommendation will IN, binding on OWNER and CONTRACTOR until final payment 149 OWNER shall have the right it) exclude CONTRACTOR from the Work after tlm date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Lrhh.ahon 1410 Use by OWNER it OWNERS option of any substantially completed part of the 15ork. which it) has specifically been Identified In the Contract Documents or (u) OWNER, ENGINEER and CONTRACTOR agree wnstitutin a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without sigmficant interference with C ONTRACTORs performance of the remamder of the Work may be accomphshed prior to Substantial ( ompletion of all the W ork subject to the following 14 10 1 OWNER at any time may request CONTRACTOR In writing to permit OWNER to use any such part of the Work which OWNER believes to be Leidy for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete CONTRACTOR will certify to OWNER and ENCINEER that such part of the Work is substantially complete and request ENGINEER to Issue a certificate of Substantial Completion fot that part of th W ork CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such pan of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable tune after either such request OWNER, CONIRA(IOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to he substantially complete ENGINEER will notify OWNER and CONTRACTOR in writing grvumg the reasons therefor If ENGINEER considers that pan of th Work to be substantially complete the proAtsmons of paragraphs 14 S and 14 1) will apple with respect to certification of Substantial Completion of that part of the Work and the do ision of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will he accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property insurance Final Inspection 14 11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete ENGINEER will make a final inspcetion with OWNER and CONTRA( TOR and will nottfy CONTRACTOR in wrrtim of all particulars in which this inspection reveals that the W ork is incomplete or defeahve CONTRA( TOR shall immediately take such measures as are necessary to complete such work or remedv such deficiencies Finat Application for Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating nlstructions schedules guarantees Bonds certificates or other evidence of insurance required by paragraph 5 4 certificates of inspection, marked up record documents (as provided in paragraph619) and other documents CONTRACTOR inn tv male application for final payment following the procedure for progress payments The final Application for Pavment shall be accompanied (except as prevrously delis ered) by (i) all documentation called to in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 541� (n)consent of the surety it any to final payment, and Uin complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens ansamg out of a filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONI RACTOR that ti) the releases and retzmpts include all labor services- material and equipment for which a I jen could be filed and (it) all payrolls material and equipment bills and other indebtedness ormected w ith the W ork for which OWNER or OWNER s property m ight many way be responsible have been paid or otherwise satisfied If anv Subcontractor or Supplier fails FJCDC GENERAL CONDITIONS 1910 8 i1990 FM,r 1 wi CITY OF FORT (OL[ IN8 MODIFICATIONS (REv 42000) to furnish SULh a release or receipt in lull CONTRACTOR may furmsh a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or wavers of liens and the consent of the surety to finalize payment are to be submitted on forms conformme to the format of the OWNERS standard forms bound in the Protect manual Final Payment and Acceptance 1413 It on the basis of ENGINEERS observation of the Work during construction and final inspection and EN( 1NEFR s review of the final Application for Payment and accompanying documentation as required by the Contract Documents ENGINEER is satisfied that the Work has been completed and CONTRACTORS other obligations under the Contract Documents have been fulfilled, ENGINEER will w ahrn ten days after receipt of the final Application for Payment indicate in wasting ENGINEERS recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Wort, is acceptable subject to the provisions of paragraph 1415 Otherwise ENGINEER will return the Application to CONTRACTOR indicating in wntmg the reasons for refusing to recommend final payment in which case CONTRACTOR shall make the necessary correchons and resubmit the Application Thin% days after presentation to OWNER of the Application and accompanying documentation in appropriate form and substance and with FNGINEERs recommendation and notice of acceptabrhty the amount recommended by FNGINEER will become due and will be paid by OWNER to ( ONI RACTOR subject to paragraph 17 6 2 of these General Conditions 1414 If through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms OWNER shall upon receipt of CONTRACTORS final Application tar Payment and recommendation of ENGINEER and without terminating the Agreement make payment of the balance due for that portion of the Work fully completed and accepted if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retarnage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 1 the written consent of the surety to the payment of the balance due for that portion of the Work full, completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such pavment shall be made under the terns and conditions governing final Payment, except that it shall not constitute a waiver of claims If arl ern of ( farms 14 1 S The making and aazptance of final p avment w ill constitute 14 15 1 a waiver of all clams by OWNER igainst CONTRACTOR, except clams an mg from unsettled Liens from defective Work app.aruig after 31 final inspection pursuant to paragraph 14 11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therem, or from CONTRACTORS continuing obligations under the( ontmct Documents and 14 15 2 A wavier of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15 SUSPENSION OF RORK AND TERAINATTON OWNER Vay Suspend Work 1 s 1 At any time and without cause OWNER may suspend the Work or anv portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will to, the date on which Work will be resumed CONTRACTOR shall resume the Work on the dace so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tunes or both dim tly attributable to an, such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I ind 12 OTHYFR bfay Terminate 152 bport the occurrence of anv one or more of the following eN ents 15 2 1 if (ONTRAC I OR persistently fads to perlomn the Work in accordance with the Contract Documents (including, but not limited to failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragraph 6 6) 1522 if CONTRACTOR disregards Laws or Regulations of any public body hav Ing mnsdiction, I o 2 3 if CONTRACTOR disregards the authonh of ENGINEER or 15 2 4 if CONI RACTOR otherwise N iolates in any substantial way any proNutons of the ( ontract Documents OWNER may after giving CONTRACTOR (and tho suretv if anv) seven days written notice and to the extent permitted bN Laws and Regulations teammate the sen ices of CONTRACTOR, exclude CONTRACTOR front the site and take possession of the Work end of all CO\TRACTORS tools appliances construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without Lability to CONTR \CTOR for trespass or conversion) mwrporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENER 4L CONDITIONS 1910 S (1990 Edt,m) 32 w (1 rY OF FORT COLLINS MODIFICATIONS (AEA 4 2000) CONTRACTOR but which are stored elsewhere and fmuh the Wort, as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to recerve any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims vests, losses and damages sustained by OWNER arming out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clans costs losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such claims casts losses and damages incurred by OWNER is ill be rev iewed by ENGINEER as to their reasonableness and when so approved by FNGENEER incorporated in a Change Order provided that when exercising any rights or remedies under this paragraph OWNER shall not be iequned to obtain the lowest price for the Work performed 15 , Where CONTRACTORS services lime been so terminated by OWNER, the termination will not affect am rights or remedies of OWNER against CONTRACTOR then existing or which min thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not r leas, CONTRACTOR from liabilitN 1)4 Upon seven days written notice to CONTRACTOR and ENGINEER, OW\FR may without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement In such case CONTRACTOR shall be paid (without duplication of anv items) 1 � 41 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination including fan and reasonable sums for overhead and profit on such Work 1, 42 for expenses sustained prior to the effective date of termination in performing senices and furnishing labor materials or equipment as required by the Contract Documents in onnection with uncompleted Work, plus tan and reasonable sums for overhead and profit on such expenses 15 4 3 for ill claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Supph,rs and others and 1) 4 4 for reasonable expenses drrecth attributable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting fiom such termination (OIVTRTCTOR Vat Stop Wor4 or Terninata 15 :1 It through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety class by OWNER or under in order of court or other public authority or ENGINEER fails to act on any Application for PaNment within thirty days after it is submitted or OWNER fails for thiriv days to pay CONTRACTOR any sun finally determined to be due then (.ONTRACIOR may upon scyen days written nonce to OWNFR and ENGINEER, and provided OWNER or ENGIN EER do not remedy such suspension or failure within that time terminate the .agreement and rewver from OWNER payment on the same terms as provided in paragraph 1 S 4 In lieu of temtinating the Agreement and without prejudice to am other right or remedy if ENGINEFR has faded to act on an 4pphcation for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pav CONTRACTOR any sum finally determined to be due CONI RACTOR may upon seven days written nonce to OWNER and ENGINEER stop the Work until payment of ill such amounts due CONI RACTOR, including interest thereon The provisions of this paragraph 1 � 5 are not intended to preclude CONTRACTOR from making damn under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage durecth attributable to CONTR ACTORs stopping Work as permitted by this paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR lime agreed on the method and procedure for resohng disputes between them that mdt anse under this Agreement, such dispute resolution method and procedure if anv shall be as set forth in Exhibit GC A, Dispute Resolution Agreement to be attached hereto and made a Part hereof I£ no such agreement on the method and procedure for resohmg such disputes has been reached and subject to the pro% isions of paragraphs 9 10 Q 11 and 912 OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise htne under the Contract Documents or by I aws or Regulations in respect of anv dispute ARTICLE 17—NITSCELLANEOUS Girmg Wotice 171 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly gin en if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom R is intended or if delivered at or sent by registered or certified mail, postage prepaid to the list business address known to flit gin er of the notice 172 Computation of lore 17 2 1 When any period of time is referred to in the Contract Documents by days R will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holidav by the law of the applicable jurisdiction such day will be omitted from the computation EICDC GENERAL CONDITIONS 1910 8 (1990 E bi,m) w On OF FORT r'OLLINSMODICIC411ONS(REy 42000) 17 2' A calendar day of twenty four hours measured from midnight to the next midnight w ill constituu, q day Aohce of Chun 173 Should OWINYR or CONTRACTOR suffer mjury or damage to person or property because of any error omission or act of the other party or of any of the other partys emplovees or agents or others for whose acts the other party is legally liable clans will be made in wrong to the other party witlun a reasonable time of the first observance of such injury or damage Thu provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of anv applicable statute of limitations or repose Cumulahn a Remedies 174 The duties and obligations unposed by these G neral Conditions and the rights and remedies available hereunder to the parties hereto and in particular but without limitation, the warranties guarantees and obligations imposed upon (ONTRACTOR by paragraphs 612 616 630 631 6o2 131 1� 12 1� 14 14 3 and U 2 and all of the rights and remedies aN adsble to OWNER and EN6PJEER thereunder are in addition to and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated Speclfically in the ( ontract Documents in connection with each particular duty obligation, right and remedy to which they apply Profevaonal Fees and Court ( osts Included 17S Whenever reference is made to claims, vests losses and damages it shall include in each case but not be limited to all fi,es and charges of engmeers aAhaWUS, attomevs and other professionals and all court or arbitration or other dispute resolution costs 176 The laws of the State of Colorado apply to this Agreement Referene to two pertinent Colorado statutes are as follows 1Z62 If a claim is filed. OWNER is required by law (CRS 33 26 126 107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all clans for labor materials tear Lure sustenance pswisio�_ pruveader, or othT supplies used or consumed bN CONTRACTOR or his 33 EICDC GENERAL CONDETIONS 19108(1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS IREV 4 000) (1 Ins page left blank mtenuonally ) E]CDC GENERAL CONDITIONS 1910 8 0990 ENtiaa) 3 s wi Cl TY OF FORT COLLINS MODIFICgTFDN5 (REN 4/2000) 36 GCDCGENER QL CONDITIONS 1910 8 (t990 Editiat) w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 4Q000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER ,ind CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the Cenral Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of die parties 161 All elamis, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been wan ed by the making or acceptance of tmal pavment as provided by paragraph 14 15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amencan Arbitration Association thw obtaming subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith is prow ided in this Article 16 will be specifically enforceable under the prmnling law of any court having jurisdiction 162 No demand for arbitration of anv claim dispute or other mattdr that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9 11 will be made until the earlier of (a) the date on "Inch ENGINEER has renderad a wntten decision or (b) the thirty first day after the parties have presented their ev idence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such claim dispute or other matter will be made later than thirty days after the dale on whi h ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said thirty days period "ill result in ENGINEERS decision being final and binding upon OWNER Ind CONTRACTOR It ENGINEER renders a decision after arbitration proceedings have been initiated such decision maw be entered as evidence but "ill not supersede the arbitration proceedings except where the decision is acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph o 10 will be made later than ten days after the party making such demand has delivered written notice of mtentton to appeal as provided in paragraph 9 10 16 t Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy w Ill IV sent to ENGINLFR for information The demand for arbitration will be made within the turty-day or ten day period specified in paragraph 16 2 as applicable and in all other cas s within a reasonable time afar the claim dhspun. or other matter in question has ansen and in no went shall any such demand be made after the date when institution of legal or equitable proceedings based on such clams dispute or other matter in question would Is, bated by the applicable statute of limitations EICDd, GENERAL CONDITIONS 1910 9 (1990 Far,.) w CITY OF FORT COLLINS MODIFICATIONS fREV 9199) 164 Except as provided in paragraph 16 5 below no arbitration aresmg out of or relating to the Contract Documents shall include by consolidation joinder or in anv other manner any other person or entav (including ENGINEER ENGINEERS Consultant and the officers, directors, agents, employees or consultants of any of than) who is not a party to this contract unless 10 4 1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration and 1642 such other person or entity is substantially involved in a question of law or fact which is common I o those who are already parties to the arbitration and which will arise in such proceedings and 1043 the written consent of the other person or entity sought to be mutuded and of OWNFR and CONTRACTOR has been obtained for such inclusion which consent shall make specific reference to this paragraph but no such consent shall constitute consent to arbitration of any dispute not specifically descnbed in such consent or to arbitration with any party not specificilly identified in such consent lbw Notwithstanding paragraph 104 d a claim dispute or other matter in question between OWNER and I ONTRACTOR rmolwes the Wort. of 9 Subcontractor either OWNER or CONTRACTOR may join such Subcontractor as a parry to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 0 11 a specific provision "herebv the bubsontractor consents to being joined in an arbitration between OWNER qnd CONTRACIOR involving the Work of such subcontractor Nothing in this paragraph 16 7 nor in the provision of such subcontract consenting to joinder shall create anv clans right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINEER s Consultants that does not otherwise exist 166 The award rendered by the arb rr acts will be Final judgment may be entered upon it in anv court hav mg jurisdiction thereof and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled clauns, counterdmms disputes and other matters in question between them insing out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them rmtiating against the other a demand for arbitration pursuant to paragraphs 161 through lob unless delay in imneting arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within "hich to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain susjx,ndled until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unle� s otherwise agreed GC At 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 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 Rev 10/20/07 Section 00100 Page 5 F]CDC GENERAL CONDITIONS 1910 911990 Edtim) w CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) OC Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-4 2 Subsurface and Physical Conditions A Add the following language to paragraph 4 2 1 of the General Conditions 4 2 1 1 1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report B 4 2 1 2 1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4 3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows Rev 10/20/07 Section 00800 Page 1 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL) This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 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) SC-12 3 Add the following language to the end of paragraph 12 3 Contractor will include in the project schedule zero days lost due to abnormal weather conditions Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST $ 00 TOTAL APPROVED CHANGE ORDER 0 00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL - OF THIS CHANGE ORDER TOTAL C 0 - OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY Pro]ect Manager REVIEWED BY Title APPROVED BY Title APPROVED BY Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing DATE DATE DATE DATE Rev 10/20/07 Section 00950 Page 1 a a a A } X=ocOf §§§§§ ZS)§/ f\02G 2e@±a, /$) me » 3 t \ � ) ± 0[ } [ 0 ) \ \ ) ( / co (/ e # g ) f[) » as c — \ \ of \ < < uj - � ( ez ]-a 1 § }) §) m ! )r;a$ 2LLI \( \ 7 (; \\ {a!\� z }k / k —� G < // fk L) < 2 ) ƒ (� /\ ( £ w , ( " 0 \ \ r « m _ \ / cn k \\ j fr 5 \ / ( \ \ E L > § )/ a \ ! q7) )3 / \[) 0 \ 0 i,,, }} E \�� /\ ° E ° E ° « C U � (U V N = LL LL m 0 N O CC:) o 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C9 c �EO�o»o»���eoso»����o»o»��o»o»���eos�����o»606 o»o»60 a ow a � � a w 0 0oo000000000000000000000000O00000 C000000000000000000000000000000000 N 0000000000000000000000000000000000 b96 49Ga6 y 6 69»9 l a) Y O. N �U0o C3 �0000000000000000000000000000000000 0000000000000000000000000000000000 0 E6'� GF> u3'6"69(eOl6sGF� 61�60Gs V)Gs613�WOs612� (0)EW� O Q LL Z Y O 0 0 0 0- F-F-�Uaa T C9 QZ U W c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 7 O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a} 00000000000000000000000000000000000 LL Q Ev,v9enenv,v,envsv>60Gs »e>v,e,e,e>u-)v4 e9,e9,61) »eq, »f»E»v>e»enfnU- 66% 69 ¢a Y O. L � U H � 0 �0000000000000000000000000000000000 �0000000000000000000000000000000000 00Co00CCOoo000OOO0000OCDC 00Oo0O00O0o E env, en enenenenenv,enenenv,v,v,enenenv,v,v,env,env,v,v,v,v,v,v,v,v,v, Q W, en H T Z 0 m Q H U 2 o a H Z U 0 N U N 4 0 E E c 2 Z w � C (U U � LL a coO (h w "O N O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 00 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 O d 0 F W a?o000aoo0oo00000o00O0000000OOOOooOoo 0 m 6469 vi v3 e0 EV e69 »vje»e» F» e» e» 64 6e e» e% ea en �»» vj 6% 60 co a 6e vs ej e»to 6. 6e 64 N c6 U O N U) r a �00000000000000000000000000000000000 �00000000000000000000000000000000000 0000000000000000000000o0000000000000 E e>69e0e>69e>e>e3 631e>e>e>e>U>6s6>69 ei ea 64 e> e> e> e> 66 to fn 69 e> 69 E9 to e> 64 e> a� Q O Y E U W�UHO d � t00000o00000000000000000000000000000 0a0000000000000000000000000000000000 IL 000000000000000000000000000000000000 E64 6ev>e�e>e>e>e>e>t»e9e>e364 e>t969 to 64 a>t»e>e>t»e3 a>t»t» N U z N ° o Q Z Y o E ��Uaa lJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 47 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CDO d Q n O Qv>60e>v369e>v>69tse>t»e>e>v>e3e>t»69e>e>63v>ts>e>e>e>e>e>e>e>t»e»v>69v> O O CD CD 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O E O U Y L O w O �i F- 2 C7 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O E0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O e4ERe3 e> 69 e> 6469 e360) w e> a>e369 64 64 64 w O O O O 64 64ugA e>e>64 e>tA EA a>fA e>e>EA e>to Q U C � �a N c CO w w 0 O w J (f O C QO = F- w 0 U F C7 a cn U U J w U p O x F- d v a 0 E E m' z y. 0 0 000000000000000000000000000000000 0 000000000000000000000000000000000 � 000000000000000000000000000o00000 E»env><»F»E»f»f»e»F»v>e»e»»F»e3v>»E»F»v3Enf»»e3v�v3to) F»F»v>E»e3 v LL c 0 v O d C N W m U 2 w a c ao�-¢ 9 N d E E 2 D - Z F. 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 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 Rev 10/20/07 Section 00100 Page 6 w'� fevia �Ce, P(oSecf P�ti� BID SCHEDULE (Base Bid) Item No Description Unit Contract Contract Cost Unit Price Total Quantity 20201 Sawcuttmg 4" L F 50 3 e ° $ Its 20202 Additional Inch LF/ IN 25 I ° e $ °= Depthwccutting S 20301 General Excavation CY 25 -I O °p $ 20302 Borrow TON 25 ZS- = $ LS 21201 Sod SF 150 $ 21202 Landscape/Imgation Labor HR 50 3 o'O $ /SO 0 - 30401 Aggregate Base Course TON 700 2, S 'Le $ 40301 Temporary Patching TON 120 ( 0 $ 17 Z 00 604 01 Type R Inlet - Remove & Replace (4' Openmg) EA 2 3, 70 0„ „ $ % 6 go � 604 02 Type R hilet Reconstruct Deck (4 Opening) EA 5 000 S ©0 0 60403 Type R Inlet Reconstruct Deck Additional Foot Opening LF 5 se Z p 0— $ V W 604 04 Catch Basin Inlet Remove & Replace EA 1 Z5 p 0 ° $ 2 S 00 60405 Catch Basin Inlet Reconstruct Deck EA 1 p O O0 0° $ �J 60406 Catch Basin Reconstruct Deck Additional Foot Opening LF 1 +a 'Zoo o $ %(� 0 60407 Modified Type 13 Curb Inlet Remove & Replace EA 1 60408 Modified Type 13 Curb Inlet - EA 1 FOO — $ Reconstruct Deck ,�0 0 60409 Modified Type 13 Curb Inlet EA 1 70 Q — $ 70 Matenals Only 0 60410 Concrete Sidewalk Culvert - Remove & Replace EA 1 IS O °— $ ' C O p J 60411 Metal Sidewalk Culvert 5/8 Plate - Remove & Replace EA 1 20Q0 0� $ Z Q �O ° 60412 Additional Square Foot of 5/8 Plate SF 10 , , S $ J V `n 0 60801 Remove Concrete SF 150 $ • 60802 Remove and Haul Fillets EA 5 °_ $Is 0 0 60803 Apron 8" Remove & Replace SF 2875 (i $ 19 60804 Crosspan 8' Remove & Replace SF 3350 6 15 5� $ 2-2 6 12 Rev 10/20/07 Section 00300 Page 2 60805 Driveover Curb Gutter & 6" Sidewalk Remove & Replace LF 1575 °= ° $ 5 6 7Q0 60806 Driveover Curb & Gutter No Sidewalk Remove & Replace LF 250 "= $ 0' 60807 Vertical Curb Gutter & 6' Sidewalk - Remove & Re lace LF 450 °c 3 — $ 60808 Vertical Curb & Gutter No Sidewalk Remove & Replace LF 3250 a °= IZ / $ 60809 Vertical Outfall Curb & Gutter Remove & Replace LF 25 ° ° Z Z — o� $ 5,5 Q 60810 Barrier Curb 12 Remove & Replace LF 25 3 p o f $ S p %= 608 11 Hollywood Curb Gutter & 6' Sidewalk Remove & Replace LF 610 c,� o ° 3 / _ ° $ 20 7 y0 608 12 Hollywood Curb & Gutter No Sidewalk - Remove & Replace LF 25 Zc� °= $ 6 PO _' 60813 1Lghback Curb & Gutter No Sidewalk Remove & Replace LF 25 3 o ° , $ 7 S ' 60814 Pedestrian Access Ramp Remove & Replace SF 3100 zi $ 608 15 Pedestrian Access Ramp - Hi hback Remove & Re lace SF 100 60816 Truncated Dome Panel SF 240 610 60817 Flatwork 4" Remove & SF 100 $ Replace J 60818 Fla Re0ace rk 6 Remove & Re lac SF 7500 °— $ /. fSOQO °_ 608 19 Replace Flatwork - I SF 100 i $ ;° Additional Depth 608 20 Colored Concrete 4" San Diego Buff U Charge SF 250 p0 2 $ S Q Q 60821 4 Valley Pan (6) - Remove & Re lace SF 250 l 0 l $ 2 $ o0 60822 Concrete Pavement 8 Remove & Replace SF 250 S� o 0 $ �1�— 0 60823 Alley Approach 8 Remove & Replace SF 250 G 60824 Expansion & Caulking LF 395 , y O ._ 60825 Splashblock 4 SF 100 U $ Q 0 60826 Exposed Aggregate 4 Up Charge SF 100 , L/ / $ qO 0 60827 Reset Flagstone SF 250 3 a ° $ 7 S 0 623 01 Irrigation Sleevmg 3 PVC Complete LF 200 s $ In Place ' 00 63001 No Parking Sign With Stand PerPer Dash 550 $ 0 — OILS 63002 Vertical Panel Without Light Per Day Per Each 1875 Q 8-0 $ © O Rev 10/20/07 Section 00300 Page 3 63003 Channehzmg Drum Without Per Day 1175 °� $ / Lit Per Each ' 1,S 630 04 Type I / II Barricade Without Lit Per Day Per Each 7600 �� f j $ 5 Q Q 63005 Type III Barricade Without Lialit Per Day Per Each 400 S_ 3 $ 10 Q 63006 Size A Sign With Stand Per Day 1750 S� i $ 2 6 7- s Per Each 63007 Size B Sign With Stand Per Day 450 pO 2. 1 $ %�® Per Each 63008 Size A Specialty Sign Cost of Manufacturing Each 5 too- $ J C Q o `� 63009 Size B Specialty Sign Cost of Manufacturing Each 5 U 63010 Cone With Reflective Strip PerPer Day 3500 5S 63011 Safety Fence Per Day Per Roll 20 10 _ •, $ 2_0 Q 63012 Light Per Day Per Each 25 nJ $ Zs >c 63013 Advance Warning Flashing or Sequencing Arrow Panel Per Day Per Each 20 -7s - �, $ 1 S o 0 " 63014 Variable Message Board Pe Day 2525 ZCb°_ $ 000, 63015 Traffic Control Supervisor Per Day 55 I�xj °- $ s ©0 •� 63016 Traffic Control Supervisor Per Hour 40 �Js �- $ 14 f 00 '' 630 17 Flagging Per Hour 700 2 5 $ • � TOTAL COST $ Lf 3 e3, If' FW4' kvAJP6A "tb dy-c,j0 -f40us-net S X Gv-JmJa"d Dollars In Words Signed Address O Company &C1`�..Ovol G (� © / 3 Phone/Fax q )p S 3 2 70 -$ j 2- Check One Individual Doing Business in Company Name Corporation Partnership Rev 10/20/07 Section 00300 Page 4 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 /` /� /` &s--tc,1- CONTRACTOR BY, 3 ii o F Date Nt .,4er Title License Number (If Applicable) (Seal - if d is by corporation) Attest Ad ess pu Y Tel ephoneM�0� Email 6r_C wri [z,-I Rev 10/20/07 Section 00300 Page 5 BID BOND KNOW ALL MEN BY THESE PRESENTS that we the undersigned NORhstar Concrete Inc as Principal and as Surety are hereby held and firmly bound unto the City of Fort Collins Colorado as OWNER in the sum of $��/of Bid Amount 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 6088 Concrete Maintenance Project -Phase II 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 hall in all other respects perform the Agreement created by the acceptance of said Bid then this obligation shall be void otherwise the same shall remain in force and effect it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated The Surety for value received hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER Rev 10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF the Principal and the Surety have hereunto set their hands and seals this 6th day of March 20_08and 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 SURETY Name Northstar Concrete Inc Inland Insurance Company Address P O Box Y PO Box 80468 Berthoud CO 805 5 Lincoln NE 68501 By By 7T Title T {%I�S,yi ILrJT' Title Penn R Burkard Attorneym Fact / ATTEST By (SEAL) Rev 10/20/07 (SEAL) Section 00410 Page 3 INLAND INSURANCE COMPANY I meoln Nebraska POWFR OF A TTOWNEY KNOW ALL MEN BY THESE PRESENTS I I It n ]NJ %ND INS( RAN(F (ONIP ANA I n un n r th NIX It N bit ka ha if, t I nnupli nLLe in 11 e Cm It 1 nL )In \ in k& On cant 1. th t II s ) Inla wh¢hsa adopted bit th 13)1rd dDnxI r tthe nd()Tnp an n)Juin 3 1911 moq v❑ le V S'llon h RI SIDENI OFhICFRS VND A110RNFYs 1, FACT ❑) 1, id ,for on bie I r id if amn6 onh uN S Lr tin or As tint Stir [In hall Is ih t nh ntv to Ippnn)t R id Of \ iLe It Nent mJ Vt )mens In I It s th the poster and mthooN to iFn I Lute a kn ml d(,e and delis 1 n its N>.halI Is 4 i N \m and IfI undenikm Ls or urea hip Ind to Ills th r t ) the )tponte al A the Lorp)nn( It The Pre i lent or Inv Vi c Pie id tit ) tin, pith ism Se r tin )r \ i Cant S LT tan hall ulw hale th v thorm to r ino e and i s k the oithonn It am it It Ippo tit e it on once Iw. h r bs innk Lon mute old npoint William C Bensler or Donald B Martin or Connie K Boston or Kelly T Unvlller or Penny R Burkard Greeley Colorado its tniL Ind leasful Anomats Fin -Fat to broke Secure III and delner forand on its behalf as Inlet, Am laid all undertakings ofsuren ship NMI the xeuinon oflULh bonds or undertakings in purstnirice of these presents shill be as binin, upon and Compam as fully and amply to III intents and p"w a x doles had been dull cxccoted Ind aino, ledLed Is the rquauls cl tted officers of the C Impam It its otTien in Lincoln Nebraska, in then o sn persons The folli Resolution was adopted at the RcLular Meeting of the Board of Directors of the INLAND INSL RAVE CONIPANA held on July 3 1081 RESOLVED That the iLnaftnes of oflieers of the Companv and the >cal of the Company man be affixed by fusmule to am Power of Anom v xecut d n acc Nance orrh NftrClc V Sectr n 6 of the Company BNaws In that Iny och Power of Neoorres bearing uLh NICStmile vLnatures Including the facsimile siF,namre of a LCnttvmg \so ram SeLrmary Ind facsimile seal shall be solid Ind bmdntE upon the Company with respect t.anv bon indertakmt, or contract of suretyship to which it is meshed \II amhonN herein Immiared shall oeman in full force and effect until terminated by the Company IN ArrNFSS µHEREOF INLAND INSLIRANCE CONIPAVA has caused these presents to be i tied bit its Vice President and its Lorpofit Cal to be hereunto affixed this _fish day of_ September 0 06 `Azz INL\ND INSURANCE COMPANY ' Se ret" BINcaaeoeatr Nate of Nebr nka Vice Pi - tit stir Caunn of Lama ter aD�'AN On this _ 6th _day of September 0 06 "no did depo s and say that l Ih< rcvdes in the C ninN if LanLaa<r Slate of Nebraska that m)heis before e el\vae Preod,m oftheaIN, X. D I\SL RAAC E CO\IP tbe \VY nic, to me kmlIn "ITO being by me d Lorporanon d scnhed in an oho h executed th above rostrum ni that islhe knolw the eal )t the nil Orponnon that the seal affix d to the all instrument is rich L rpomte .Lai that it as b affixed IN order It the Board r f Di cii of all cmrponti m that f )he soLned nhiv (harl name be like Orda and that Bnla s \mcle V section n od )pled his IN Board It Directors If A, I l )mpany ref rred Io in the preceding inxtrument w now in t, /V a LU yJ GENERAL NOTARY State Of Nebraska TARA MARTIN e VIvC nmi nl xpr F bit lh Ifi oill N tux PuhhL My ^omm Esp b 16 2011 I Client A in )n It V s tans Sccr [in It INI AAD INSI RNN( E (ONIPANN Jo her his an that rh Ihne Ind lit tin(, i a ime And L m cl )pN of a PN et )1 \t m ry n L 1 d his all INL \ND IN%[ RAN( I, ( ONIP INA hie,) oil m tall : tic In IT Lo SIn d it d, I d in the C h Of l mL In N braska this {p davOf Q \ 51 INt Stt Nary COIPoAatF� SEII � 4 INN 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 N 0 2 Permanent main office address 144MOVV1' 4411 A4& f�,-rtjjoyk,cc 3 When organized IATgj 4 If a corporation, where incorporated (::CA0r6Lj0 5 How many years have you been engaged in thg. contracting business under your present firm or trade name? J�`�C YeR/S 6 Contracts on hand (Schedule these, showing the amount of earh 7 ueneral character of ork pergormed by your compan �OVC✓e.�' l.p✓L7 Or, i�[L A)Or%� Cyr".(> ¢ dv "v' 8 Have you ever failed to complete any Work awarded to you? If so where and why? NO 9 Have your ever defaulted on a contract? If so, where and why?�IG 0 10 Are you debarred by any government agency? If yes list agency name N D Rev 1GWa7 Section 00420 Page 1 11 12 List the more important pro]ects recently completed by your company stating the approximate cost of each, and the month and year completed List your major equapment,ava�la_le,fQr this contract 13 Experience in construction Work similar in importance to this project Cow+�lcl 4 14 Background and experience of the principal members of your organization including officers / y � 15 Credit available $ 16 1 I Bank reference CttAs E ?�Nk-. �G+l l �lL� wrao Emmo'1 `� (QZZ= IS 17 Will you upon request, fill out a detailed financial statement and furnish any other in rmation that may be required ��s by the OWNER is Are you licensed as a General CONTRACTOR? yes If yes in what city countystate?FMnM fl O1� b What Ind class, license and numbers? C�A SS , i 19 Do you ,ID anticipate subcontracting Work under this Contract? N 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 Alll Rev 10/20/07 Section 00420 Page 2 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 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 ma]or 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 Rev 10/20/07 Section 00100 Page 7 300 k 5fJ K- Pe,r � Ly"01— w��__o�a�wtar C (q S S G Sb k- Pcr pu5cvi 10U k- Perac�ce_ �� 2 71 ro oiaw�a 21 what are the M s o your p is liability? D TAZL What company? 06 Z Y�SG'1 22 what are your WmpanyI'v bondirVg 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 3 50 P"^ this 2 day of �G� 2006 OrfiA *6V- C,-An Cy-e, Name of Bidder By Title State of `— /� -"10r jo County of L-Ity-I Mgr - 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 Sub My "Y 1 My CommWa Expires 05fOSM2010 r� 200E Rev 7N20107 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 No Text No Text a \ 2 . \ { � �� { � I, I / \ I / g `` � / � I� / � � ` � � \ [ " � �- � \ � ��, �� I ! ! i � !| ) \ !! \ ; �� \\ � | \i If / I |. `°|!;;!!! !|;! .�.,ll [| !;� �■!!|!!!!! '� !,!!!! ! !!!!!!!!!! '� ,! !||\�|)|\!{ � � r m, \ . , / z N z < z O O O O } CD n m m W < _ 0 0 73 0 7 0 m n 7 Tl (D A (D n O C (D fD n N O N W W na 00 00 W <D 000 O � 0 O -I o z m CD m wK Om o� 0— CD �O U A W m m S j W � + N w N c0 N un rn m ' m 0) Ol W V W W_ N — O Ol O O p O Ul W O W I I I I I m z z m m z O m D m m A Ut Ut A C. O O mzi v+ < Z C� U S z m 0 r � ll� -2) t N X i M CO) t C � �J� � a' It C m n cc =O c o e. m t, lh � fix I o 7 m P D D p� r f1 '* N � rt ti P n � > r r v �o ;mom �0co ,,-4 .d nmin "3oTz 00 i m 0Z Zn �Tm m icy m m ' r m 2n m=n0 0 N 7TCD oFA �\ } � \ � � / \\ § m � \ \ / \ � m CA CO) � w \ (N N C) k r 'D e w e 2 2 < , m � E & m / \ / Q / m \ � � cn \ } � \0 0 \8§'mq G|2kmz 20R;; BCD k ID2) �tr `\mm 2'om §)�� 0B10 ( Pre Bid Meetmcj Agenda City of Fort Collins Concrete Maintenance Project — Phase II V111 PROJECT SPECIFICATIONS - SECTION 02000 • 107 212 Undscape/Sprinkler o City pays for grade adjustment only (i a new highback ramps) o Backhll within 2 days 5" disturbed or less requires topsoil (see spec) o More than 5" disturbed requires sod at the contractors expense — completed by the end of the I" workmg day of week following o Sprinklers repairs within 3 workng days of damage • 202 5awcut — Incidental except when not part of any other item • 304 Aggregate Base Course — 75% • 403 Temporary Patching o Demo <G" of asphalt adjacent to concrete repair o Minimum Depth 2" hot Mix o Cure face • G04 Inlets and Culverts o Salvage frames/grates or City will provide o Type R, Catch Basin • KM Reconstruct Deck Additional Foot Opening o Modified Type 13 R4R, Reconstruct Deck Materials Only o Metal 5idewalk Culvert Includes New Frame and Plate • S08 Concrete o Ramps — truncated dome panels paid by 5F • Measured from BOC between PC s on radius • Measured from BOC to top of transition on Highback • Slope o Monolithic hybrids — replace usmg same configuration o high Early Concrete — 4000 psi 3000 psi Q 48 hr max 0 45 w/c o Expansion i Caulking — Every 500 structures hydrants poles inlets underwalk drains PC on radius S mid block ramp o Concrete Pavement — incidental joint sealant 0 5alvage flagstone brick pavers o Concrete Washout IX QUE5TI0N5 Pre Bid Meeting Agenda City of Fort Collins Concrete Maintenance Project — Phase II IV U VI INTRODUCTION5 Pick Richter Project Manager Erika Keeton Project Engineer Angel Ontiveros Construction Inspector Brenda Van Dyke - Engineering Traffic Technician • John Stephen Purchasing PARTICIPANT INTRODUCTIONS BID OPENING March 1 1 2008 3 00 P M • Purchasing — 21 5 North Mason Street 2' Floor PROJECT DE5CRIPTION — 5ee 5ection 02500 Quantity Estimate 221 221 Q905 218-1973 222 1001 221 C777 Curb gutter sidewalk ramp crosspan apron drive approach concrete pavement temporary Patching and related traffic control in advance of overlay 4 sealcoat project Repairs are marked in field for your review SCHEDULE - 5ee Revision of 5ection 108 Prosecution and Progress Schedule 5ubmitted with Bid — Number of Days per Area Project Length G5con5ecutive working days GENERAL CONDITIONS AND GENERAL REQUIREMENT5 • Liquidated Damages - $ 1000 00 per day or additional contractor • I Year Contract - renewable for 4 additional years in one year increments Warranty 2 years after the date of Notice of 5ubstantial Completion Construction hours 7 00 a in to G 00 p in Monday through Friday VII TRAFFIC CONTROL • TC5 must have cellular phone with voice mail • TC5 must meet minimum qualifications of I year experience as a TC5 • Traffic Control E Parking Restriction Plans submittal required • Traffic control plan review fees — incidental to the work • Work on arterials is permitted from 8 30 a in to 3 30 p in only • No Parking signs must have ALL information (except dates) printed on sign • Pay per unit per day (max number of a unit at one time during day) Placement of NO PARKING signs requires 24 hours prior to commencement of work to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20/07 Section 00100 Page 8 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Concrete Maintenance Project —Phase II BID NO 6088 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS March 11, 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 005100 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 DRAWINGS/DETAILS Rev 10/20/07 Section 00020 Page 2 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 3 SECTION 00020 INVITATION TO BID Date February 19, 2208 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 March 11, 2008, for the Concrete Maintenance Project -Phase II BID NO 6088 If delivered, they are to be delivered to 215 North Mason Street, 2 Floor, Fort Collins, Colorado, 80524 If mailed, the mailing address is P 0 Box 580, Fort Collins, CO 80522-0580 At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6088 Concrete Maintenance Project -Phase II This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches, inlets, concrete pavement and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins Related traffic control is also included This is a one year agreement but, at the option of the City, the Agreement may be e}tended for additional one year periods not to e<ceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Contract Documents will be available February 19, 2008 A prebid conference and job walk with representatives of prospective Bidders will be held at 10 00 a m , on February 26, 2008, at 215 N Mason Conference Room 2E (Training Room) 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 Rev 10/20/07 Section 00020 Page 1 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 re]ect any and all Bids, and to waive any informalities and irregularities therein Bid security in the amount of not less than 5- of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sale 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 JamOs B O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director 1` Rev 10/20/07 Section 00020 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS we] 2 0 3 0 SECTION 00100 INSTRUCTIONS TO BIDDERS 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) 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 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 Rev 10/20/07 Section 00100 Page 1 3 2 In accordance with Section 8-160 of the Code of the City of Fort 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 Rev 10/20/07 Section 00100 Page 2 furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 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 Rev 10/20/07 Section 00100 Page 4 SECTION 00300 BID FORM 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 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 ]oint 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 Rev 10/20/07 Section 00100 Page 5 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 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 Rev 10/20/07 Section 00100 Page 6 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 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 mayor 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 9 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 Rev 10/20/07 Section 00100 Page 7 to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder s authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10120/07 Section 00100 Page 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT 6088 Concrete Maintenance Project -Phase II 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 cashier's check or standard Bid bond in the sum of S 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 A11 the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder hereby acknowledges receipt of Addenda No through Rev 10/20/07 Section 00300 Page 1 BID SCHEDULE (Base Bid) Item No Description Unit Contract Contract Cost Quantity Unit Price Total 20201 Sawcuttmg 4" L F 50 $ 20202 Sawcuttmg Additional Inch LF/ IN 25 $ Depth 20301 General Excavation CY 25 $ 20302 Borrow TON 25 $ 21201 Sod SF 150 $ 21202 Landscape/Imgatlon Labor FIR. 50 $ 30401 Aggregate Base Course TON 700 $ 40301 Temporary Patching TON 120 $ 60401 Type R Inlet Remove & EA 2 $ Replace (4 Opening) 60402 Type R Inlet Reconstruct Deck EA 5 (4 Opening) $ 60403 Type R Inlet Reconstruct Deck LF 5 Additional Foot Opening $ 604 04 Catch Basin Inlet Remove & EA 1 Replace $ 60405 Catch Basin Inlet Reconstruct EA I Deck $ o04 06 Catch Basin Reconstruct Deck LF 1 Additional Foot Opening $ 60407 Modified Type 13 Curb Inlet Remove & Replace EA 1 $ o04 08 Modltled Type 13 Curb Inlet EA 1 Reconstruct Deck $ 00409 Modified Type 13 Curb Inlet EA 1 Materials Only $ 60410 Concrete Sidewalk Culvert EA 1 Remove & Replace $ 00411 Metal Sidewalk Culvert 5/8" EA 1 Plate Remove & Replace $ 604 12 Additional Square Foot of 5/8" Plate SF 10 $ 60801 Remove Concrete SF 150 $ 60802 Remove and Haul Fillets EA 5 $ 60803 Apron 8" Remove & Replace SF 2875 $ r6O8 04 Crosspan 8 Remove & SF 3350 $ Replace Rev 10/20/07 Section 00300 Page 2 60805 Driveover Curb Gutter & 6" LF 1575 $ Sidewalk Remove & Replace 60806 Driveover Curb & Gutter No LF 250 $ Sidewalk Remove & Replace 60807 Vertical Curb Gutter & 6" LF 450 $ Sidewalk Remove & Replace 60808 Vertical Curb & Gutter No LF 3250 $ Sidewalk Remove & Replace 60809 Vertical Outfall Curb & Gutter Remove & Replace LF 25 $ 608 10 Barrier Curb 12" Remove & LF 25 Replace $ 608 11 Hollywood Curb Gutter & 6" LF 610 $ Sidewalk Remove & Replace 608 12 Hollywood Curb & Gutter No LF 25 Sidewalk Remove & Replace $ 608 13 Highback Curb &Gutter No LF 25 Sidewalk Remove & Replace $ 608 14 Pedestrian Access Ramp SF 3100 $ Remove & Replace 608 15 Pedestrian Access Ramp Sp ] 00 $ Highback Remove & Replace 608 16 Truncated Dome Panel SF 240 $ 608 17 Flatwork 4 Remove & SF 100 $ Replace 608 18 Flatwork 6" Remove & SF 7500 $ Replace 608 19 Replace Flatwork 1" SF 100 $ Additional Depth 60820 Colored Concrete 4" San Diego SF 250 Buff Up Charge $ 60821 4' Valley Pan (6') Remove & SF 250 $ Replace 60822 Concrete Pavement 8" Remove SF 250 & Replace $ 60823 Alley Approach 8" Remove & SF 250 Replace $ 60824 Expansion & Caulking LF 395 $ 608 25 Splashblock 4" SFN $ 608 26 Exposed Aggregate 4" Up SF$ Charge 00827 Reset Flagstone SF $ 62301 Irrigation Sleevmg 3" PVC LF $ Complete In Place 63001 No Parking Sign With Stand Per Day 550 $ Per Each 63002 Vertical Panel Without Light Per Day 1875 $ Per Each Rev 10/20/07 Section 00300 Page 3 63003 Channelizing Drum Without Per Day 1175 $ Light Per Each 3004 Type I / II Barricade Without Per Day 7600 $ Light Per Each 63005 Type III Barricade Without Per Day 400 $ Light Per Each 63006 Size A Sign With Stand Per Day 1750 $ Per Each 63007 Size B Sign With Stand Per Day 450 $ Per Each 163008 Size A Specialty Sign Cost of Each 5 $ Manufacturing 63009 Size B Specialty Sign Cost of Each 5 $ Manufacturing 630 10 Cone With Reflective Strip Per Day 3500 $ Per Each 630 11 Safety Fence Per Day 20 $ Per Roll 630 12 Light Per Day 25 $ Per Each 630 13 Advance Warning Flashing or Per Day 20 $ Sequencing Arrow Panel Per Each 630 14 Variable Message Board Per Day 25 $ Per Each 630 15 Traffic Control Supervisor Per Day 55 S 630 16 Traffic Control Supervisor Per Hour 40 $ 630 17 Flagging Per Hour 700 $ TOTAL COST $ In Words Signed Company Check One Address Phone/Fax Individual Doing Business in Company Name Corporation Partnership Dollars Rev 10/20/07 Section 00300 Page 4 9 PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance etc to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25-) of the total Agreement Price RESPECTFULLY SUBMITTED Signature Title CONTRACTOR MR License Number (If Applicable) (Seal - if Bid is by corporation) At'�est Address Telephone Email Date Rev 10/20/07 Section 00300 Page 5 BID SCHEDULE (Base Bid) Contract Contract Cost Item No I)escnphon Unit Quantity Unit Pnce Total 20201 Sawcntang 4" L F 50 3 00 $ IS " 20202 � we g - Additional Inch LF/ IN 25 I ° $ ° e Depth S 20301 General Excavation CY 25 Li 20302 Borrow TON 25 ZS COP Q1 2, 21201 Sod SF 150 z °= $ 300'" 21202 Landscape/lingation Labor FIR 50 3 0 `O $ /SOB �', 30401 Aggregate Base Course TON 700 2 S e_e $ % S 0 0 '^ 40301 Temporary Patching TON 120 16 0 = $ / y Z 00 604 Ol Type R Inlet - Remove & Replace EA 2 , , 3 XG) 0 .. $ 1 6 go (4' Openmg) 604 02 Type R Inlet Reconstruct Deck (4' Opening) EA 5 / 00 0 ° $5000 60403 Type R Inlet - Reconstmct Deck Additional Foot Opening LF 5 �� + • o 604 04 Catch Basin Inlet Remove & Replace EA 1 25 00 s $ 2 E 00 t 60405 Catch Deck Basin Inlet - Reconstruct EA 1 F0 0 °= $ �Qy J 604 06 Catch Basin Reconstruct Deck Additional Foot Opening LF 1 "� 2 $ 2 0 0 °✓ �0 60407 Modified Type 13 Curb Inlet - EA 1 7i SO D "� $ 2 SQ Remove & Replace 604 08 Modified Type 13 Curb Inlet - EA 1 G QO o ° $ F' p Reconstruct Deck O O 604 Modified Type 13 Curb Inlet 1 oa 70 Q — $ 70 0 Materials OnlyEA 60410 Concrete Sidewalk Culvert - Remove & Replace EA 1 �- I S D 0 $ I S Q (� ` 604 11 Metal Sidewalk Culvert 5/8" Plate Remove & Replace EA 1 2oDQ �o $ Q �0 °J 60412 Additional Square Foot of 5/8" Plate SF 10 1 S 0 ` ° $ ' s I1 O ' V 60801 Remove Concrete SF 150 Z o a $ 0 0 s-- 608 02 Remove and Haul Fillets EA 5 1 Q 0 $S 0 0•�- 608 03 Apron 8" - Remove & Replace SF 2875 G $ 19 4 ` `- 608 04 Crosspan - 8' Remove & $F 3350 6 15 $ S� 2Z 612 Replace Rev IOW/07 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 Section 00410 Page 1 SECTION 00410 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, 6088 Concrete Maintenance Project -Phase II 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 Etate of Colorado and be accepted by the OWNER Rev 10/20/07 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 ATTEDT By (SEAL) M Title SURETY (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? 9 Have your ever defaulted on a contract's If so, where and why? 10 Are you debarred by any government agency? If yes list agency name Rev 10/20/07 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 W. 19 Are you licensed as a General CONTRACTORD If yes, in what city, county and state class, license and numbers' Do you anticipate subcontracting Contract If yes, what percent of total contract and to whom What Work under this 20 Are any lawsuits pending against you or your firm at this time IF yes, DETAIL Rev 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability? DETAIL 22 wnat company's 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 (nam( 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 6088 Concrete Maintenance Project -Phase II 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 6088 Concrete Maintenance Project -Phase II This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches, inlets, concrete pavement, and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins Related traffic control is also included 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 Instructrons to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNEF to consider your Bid abandoned, to annul this Notice of Award and to declGre your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached City of Fort Collins OWNER 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 6088 Concrete Maintenance Pro]ect-Phase II and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins Engineering Division, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 Contract Period This Agreement shall commence April 18, 2007, and shall continue in full force until April 17, 2008, unless sooner terminated as herein provided In addition at the option of the City, the agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing 3 1 The Work shall be Substantially Complete within sixty five (65) consecutive working days after the date when the Contract Times commence to run is provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Ninety Five (95) consecutive working days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above plus any Extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving Section 00520 Page 1 60805 Dnveover Curb Gutter & 6' LF 1575 °— $ S 6 ��� Sidewalk Remove & Replace 60806 Dnveover Curb & Gutter - No LF 250 2-2- Sidewalk - Remove & Re Lace 60807 Vertical Curb Gutter & 6" LF 450 3 a $ °— Sidewalk - Remove & Replace O 0 60808 Vertical Curb & Gutter No LF 3250 2 y °= Sidewalk Remove & Replace 608 09 Vertical Outfall Curb & Gutter LF 25 ° r Z 2 — C Q a� $ Remove & Replace J 60810 Bamer Curb 12" - Remove & LF 25 3 p °= $ ? S Q Replace 60811 Hollywood Curb Gutter & 6 LF 610 3 $ 2 0 7 K 0 Sidewalk - Remove & Replace 608 12 Hollywood Curb & Gutter No LF 25 Zy °= $ 6 ^° Sidewalk Remove & Replace 608 13 Highback Curb & Gutter No LF 25 '3 Q S a Sidewalk - Remove & Replace 60814 Pedestrian Access Ramp SF 3100 $ 2 ZY,S °� Remove & Replace 60815 Pedestrian Access Ramp SF 100 =° $ �S Q Ht hback - Remove & Replace 60816 Truncated Dome Panel SF 240 / 0 °— $ 60817 Flatwork4' Remove & SF 100 S °� $ 5 0 0 608 18 Flatwork 6 Remove & SF 7500 °' $ (.I 50 0a S- Replace 60819 Replace Flatwork 1' SF 100 i $ l° Additional Depth ) 60820 Colored Concrete 4' San Diego SF 250 �I $ S Buff U Charge L V/ 6E214 Valley Pan (6) - Remove &SF 250Re 2S00 lace )0'$ 6Concrete Pavement 8 - Remove SF 250 S' $ ' �)�_0 & Re lace 60823 Alley Approach 8 Remove & SF 250 SO— $ Replace 60824 Expansion & Caulking LF 395 / $ 60825 Splashblock 4' SF 100 U $ 6 Q 0 60826 Exposed Aggregate 4" Up SF 100 ° o C� / °_ $ qO Charge 0 60827 Reset Flagstone SF 250 3 ° ° $ S `% 62301 Imgation Sleevmg 3" PVC Complete In Place LF 200 S $ ' 00 630 Ol No Parking' Sign With Stand Per Doh ay 550 $ zs- i 630 02 Vertical Panel Without Light PerPer Each ay 1875 8�0 $ S © Q Q Rev 10/20107 Section 00300 Page 3 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 2 1) Substantial Completion One Thousand Dollars ($1000) for each calendar day or fraction thereof that expires after the Sixty Five (65) consecutive working day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Thirty (30) consecutive working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ $__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 Section 00520 Page 3 paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95- of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and test, 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 term- 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 Section 00520 Page 4 conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows Curb and Gutter 701 Curb, Gutter, and Sidewalk D-6 Median (Island) Curbs 703 Standard Driveway Approach (I & II) 706 Standard Driveway Approach (III & IV) 707 Street Intersection Crosspan 708 Drainage Under Sidewalk 709 Curb Inlet 4' Opening - Vertical Curb & Gutter D-7a, 7b Curb Inlet 4' Opening - Driveover Curb & Gutter D-8a, 8b Concrete Sidewalk Culvert D-12, 13 Area Inlet D-9a Modified Type 13 Inlet Alley Intersections 803 Standard Manhole Cover 1201 Standard Sidewalk 1601 Sidewalk Detail 1602 Section 00520 Page 3 Access Ramp Details 1603 Detached Walk/Intersection Detail 1604 Detached Walk/Intersection Detail 1603 Pedestrian Ramp Detail 1606 Residential Local Street Access Ramps 1606(a) Truncated Dome Warning for Access Ramps 1607 Median Islands and Pedestrian Refuge Area 1608 Sidewalk Widening Details 2501 Concrete Pavement Joints M-412-1 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 Ceneral Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document Section 00520 Page 6 OWNER CITY OF FORT COLLINS CONTRACTOR By JAMES B O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date Attest City Clerk Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approved as to Form AS51 tant City Attorney M•/ Title Date (CORPORATE SEAL) Attest Address for giving notices LICENSE NO Section 00520 Page 7 SECTION 00530 NOTICE TO PROCEED Description of Work 6088 Concrete Maintenance Project -Phase II 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 Tre dates for Substantial Completion and Final Acceptance shall be 20 and , 20, respectively City of Fort Collins OWNER M Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 1 20 CONTRACTOR In Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00630 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), referred to as the (a Partnership), (a Corporation), Principal" and Bond No hereinafter (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, 6088 Concrete Maintenance Project -Phase II N014 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 anf 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 in(urred 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 Rev 10/20/07 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 (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) Principal (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 2 630 03 Channelrzing Drum Without Per Day 1175 �� $ '' 0 Light Per Each 63004 Type I / II Barricade Without Per Day 7600 75- $ 5 Q Q Light Per Each (7 630 OS Type III Barricade Without Per Day 400 S_ $ / u 0 Q Light Per Each 3 1 63006 Size A Sign With Stand PeerDaay 1750 s� $ 2 63007 Size B Sign With Stand Dach 450 a Z" $ q OO 1 Per l 63008 Size A Specialty Sign Cost of Each 5 �ju' ' I $ S Q Manufacturing o 63009 Size B Specialty Sign Cost of Manufacturing Each 5 Ob $ ' Q Q 63010 Cone With Reflective Strip Perer Day 3500 $Per P 63011 Safety Fence Day Per Roll 20 1 0 J $ 2.0 0 •0 63012 Light Per Day Per Each 25 d } tg- $ 2-5 630 13 Advance Warning Flashing or Per Day 20 -J , . $ s Sequencing Arrow Panel Per Each I7 63014 Variable Message Board Per Day ah 25 Zia $ Q Q 63015 Traffic Control Supervisor Per Day 55 o $ 63016 Traffic Control Supervisor Per Hour 40 7J5 a_ $ 1 Y O0 63017 Flagging Per Hour 700 2 5 n $ 7 S 0 0 »� TOTAL COST $ y 3 6 Z Frvrl.uNdred.»Jyl ray c•�a� FGruta�d S XGu�dreJPNd S•¢�r-tL��c Dollars �Nd is In Words Signed Address 00 a, X Company �I/orflS{4/ L+HGrc}e,Zac ��r�l.oua� Gp©S/3 Phone/Fax q )p S 3 Z O P 4 f '169 7 Check One Individual Doing Business in Company Name u rporation Partnership Rev 10/20/07 Section 00300 Page 4 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), referred to as the (Firm) (Address) (a Partnership), a Corporation), "Principal" and Bond No hereinafter 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, 6088 Concrete MaLntenance Project -Phase II NOW, THEREFORE, if the Principal shall make payment to all persons, films, 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 Woxk, 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 By (Title) (Corporate Seal) (Address) IN PRESENCE OF Other Partners IN PRESENCE OF Surety By By (Surety Seal) (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 Rev 10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6088 Concrete Pro]ect-Phase II PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR CONTRACT DATE Maintenance 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 pro]ect, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated M CONTFACTOR 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 respcnsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS AUTHORIZED REPRESENTATIVE DATE Rev 10/20/07 Section 00635 Page l TO SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE Gentlemen 20 You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6088 Concrete Maintenance Project -Phase II 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 th= following date 1 20 Sincerely, OWNER City of Fort Collins By Tit le AT7 EST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM (CONTRACTOR) PROJECT 6088 Concrete Maintenance Project -Phase II 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 0 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 pro]ect 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 po session or control concerning the project or against the OWNER or it 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, Rev 10/20/07 Section 00650 Page 1 including reasonable attorneys fees incurred as a result of such claims 5 The parties acknowledge that the description of the project set fcrth 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 ATTEST Secretary day of CONTRACTOR By Title STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 by Witness my hand and official seal My Commission Expires Notary Public 20 day of 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 6088 Concrete Maintenance Pro3ect-Phase II CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) 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 (Sur(ty Company) L/ 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 �61 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) vv lu i VYRi i C IN i nia armut 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 Fegistmbon/Acoount Nc (to be assigned by DOR) Period 0170-750 (999) $0 00 CONTRACTOR INFORMATION Trade name/DBA Owner partner orcorporate name Mading address (Cdy State Zip) Contact Person E Mail address Federal Employers Identification Number Bid amount for your contract Fax Number ( ) Business telephone number Colorado lorado 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 (Qty State Zip) Principal contact at exempt organization Principal contacts telephone number Physical location of protect site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year construction start date Estimated Month Day Year completion date I 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 nn Atl1T umrmn nrr � —1 -—rL un Lv yv lr io LUNE Section 00670 Page 2 9 PRICES The foregoing prices shall include all labor materials transportation shoring removal dewatering overhead profit, insurance etc to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price RESPECTFULLY SUBMITTED Nort�Etcr (f-a,cmtc, ZHc CONTRACTOR BY _ 4.'f0 l// — k 3 ii o F' Date C5t .4#r Title License Number (If Applicable (Seal - if d is by corporation) Attestl Adless vU * y '1—hc-oj (cc, Telephone Email cz�"i Rev 10/20/07 Section 00300 Page 5 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 Contractors Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractors 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 contractors 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 protects 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 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These CFNFRIL ( ONDIT[ONS hive been de%eloped by using the STANI)ARD CFT\FRAL CONDITION) OF [HE( ON STRIC LION CONI RA( T prepared by the F%ineers Iomt Contract Documents ( ommittee EY DC No 1910 S ([9% Edition) is a base Changes to that document aro shown by underlining text that has been added Ind striking through toxt that h is been d,lcted EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) WITH CI I Y OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS ON CrENERAL CONDI TIONS Article or Paragraph Dumber & Title DFFNITIONS II Addenda 12 Agreement 1 3 Application for Payment 1 4 Asbestos 15 Bid 1 6 Bidding Documents 1 7 Bidding Requirements 1 S Bonds I ) Change Order I It Contract Documents 1 11 Contract Price 112 Contract Times 113 CONTRACTOR 114 defectit e I I Drawings 1 to Ftfective Date of the Agreement 117 FNGINFER 1 I8 FNGNLERs C onsultant 1 19 A I Id Order 1 _0 veneral Requirements 1 21 Hazardous Waste l o a I aws and Regulations Laws or Regulations 1 22 b Legal Holidays 1 23 1 tens 1 -4 Milestone 1 Notice of Award I .A Notice to Proceed 127 OWNLR 1 28 Partial Utilization 1 _9 R Bs 1 a Petroleum 1 I Prole't 1 ^_ a Radioactive Material 1 2 b Regular V�orking Hours 1 3� Resident Prot ct Representative 134 Samples 13s Shop Drawings 1 36 Specification% 1 �7 Subcontractor 138 Subst initial Compl lion 1 39 Supplementan Conditions 14G Supplier 1 41 Underground Facilities 1 42 Unit Price Wotl. 1 4 Work 1 44 1L ork Change Dircctw e 1 4� Wntt n Amendni tit Page Article or Paragraph Number Number&. title Pa3e Number 1 PRLLPv NARY MAI I ERS 3 L 2 1 Delivery of Bonds 3 1 -2 Copies of Documents 3 1 23 Commencement of( onu-ILt 1 Times Notice to Proceed 3 1 24 Startmg the b4 orl. 3 1 2, 27 Before Stirring Construction I ( OVTRACTCRs Responsibilitv 1 to Report Prelim inary ScheduLS 1 Deln cry of Ct,rtificatcs of 1 Insurance 3 4 1 2 b Preoonstruction Conference 4 1 I _ 9 fmtrally Acceptable Schedules 4 1 1 ( ONTRACT DOCUMENTS INTENT 1 AIMENDNG RELSE 4 1 3 1 3 2 Intent 4 1 3 Reference to Standards and Speer I fications of Technical Societies 1 Reporting and Rcsolvmg Dis crepanmes 4 2 3 4 Intent of Certain f erm s or \dtOctincs , 2 \Lmendmg Contract DOblliient5 5 3 6 Supplementing Contract Documents _' 1 3 7 Reuse of Documens z _ 4 \% UT ABILITY OF i ANDS - St HSI RFAC I, AND PFIY SI( \I ( ONDt I DONS 2 RFFFRIN( E PONTS 5 _ 4 1 A[ inability of Lands 6 - 4 2 Subsurface and Physical 2 C ond¢ions 6 ' 4 _ I R ports and Draw ings 6 _ 4 _ 2 Lim red Reliance by CONTR\C 2 TOR Authorized T chnic it Data 6 4 _' 3 Notice of Differing Subsurface - or Physical Conditions C 4-4 ENGINEER s Rev iew 6 2 4 2 S Possible C muract Documents ( h cage 6 2 4 - 6 Possible Price and Times 2 3 Adtu%tmonts 6 7 3 4 3 Physival Condtions Underground 3 Facilities 7 3 4 1 Shown or Indicated 7 3 4 � _ Not Shown or Indicated 7 44 Reference Points 7 FJCIX GLNFR9 CONDITIONS 1910 31D90 FDI1ION) w/ CITY OF FORT COLLINS MODDIC ATIONS (Rh\ 9U91 Article or Para6raph Page Article or Paragraph Page Number 6L Iitle Number Number 3, ritle Number 4, Asbestos, PCBs Petroleum 6-, Submittal Proceedures CON Hazardous Waste or rRACTOR s RevlLu Prior Radio wine Material 7 8 to Shop Drawing or Sample Submittal 16 s BONDS AND INSURANCE h 626 Shop Drawing &. Sample Submit s 1 2 Pertormance Pavment and Other lals Review bN FN(JINFER 16 17 Bonds 8 627 Responsibility for Variations o Licensed Sureties and Insurers 1 rom Contract Doeum ruts 17 Certificates of Insurance 8 6 28 Related W ork P rtormed Prior 5 4 ( ONTRACTORs Liability to ENGINEERS Review and Insurance 9 Approval of Required s OWNER S Liabfit% Insurance 9 Submittals 17 s b Propertv Insurance 9 10 o 29 Continuing the Work 17 s 7 Boiler and Machinery or Addi b 30 CONTRACTORS vcneral tional Propertv Insurance 10 W uranty and Guar intee 17 s 8 Notice of CancLtl ition Provision 10 b 31 b 33 Indemnification 17 18 s 9 C ONTRA( TOR s Responsibdity 634 Survival of Obli6ations I li for Deductible Amounts In ,10 Other Special Insurance 10 7 (A IfER WORT. 14 sit W an Lr of Rights 11 7 1 73 Related AA ork it Sit I A s 12 5 13 Receipt and Apptm ition of 74 ( oordmation I 1 Insurance Proceeds bi11 14 Acceptance of Bonds and Insm \ OWNFR S RESPONSiBF( ITIES I8 ante Option to Replace I 1 8 1 Communications to CON sIS Partial Utihzation Property TRACTOR IS Insurance 11 8 2 Replacement of LN(M FR 18 S s I urnish Data mclPae Promptiv 6 ( ON rRACTOR S RLSPONSTBII ITILS 11 When Due IN 6 16- Supervision and Superintendent 11 8 4 Lands and Easements Reports 6 � 6 Labor Dlattnals and Equipment 11 1 and Tests IS 19 6 6 Progress Schedule 12 8 s Insurance 19 67 Substitut s and Or Equal Items S 6 Change Orders 19 ( ONTRA( 1 OR Expense S 7 Inspections Tests and Substitute ( onstruetion 1pprovals 19 Methods or Procedures 8 8 Stop or Suspend Work FN( TNFFRs EN aluation 1213 Tcrmmate( ONTR A( TORS 6 8 6 11 ( oneermng Subcontractors tiLn lCeS 19 Suppliers and Others S 9 Limitations on OW NI R S W aiver of Rights 13 14 Responsibilities LJ 6 1' Patent Fees and Royalties 14 Y 10 Asbestos PCBs Petroleum 611 P rants 14 Hazardous W aste or 6 14 Laws and Re&ulations 14 Radio ictise Material 19 b l s Taxes 14 Is 8 I L Es idence of Fin mcnl 616 Use of Premises 15 Arrangements I9 6 17 Site ( leanlmess Is 6 18 Site Structural [ Lading Ls 9 LNGINFFRS SI ATtiS DIIRIN(, 619 Record Documents Is (ONSTRL ( TIUN 1 ) 6 20 Safety and Protection Is 16 9 1 O)ANERs Representative 1 ) 6 21 Safety Representative 16 9 ^_ VIMIS to Site 19 o 22 Hazard Communication Programs 16 9 3 Protect Representative 19 _1 6 '3 Lmergenuies 16 9 4 ( lanfications and Interpre 614 Shop Drawings and Samples lb titions _l 9 s Authorized Aartations in Pbrk 71 LICDC CFNFRkLCONDITIONS Lan) 8Q990 Fninoro m CRT-1 OF FORF COLLINS MUDIFIC ATIONS (RE% ) 99) article or Paragraph Pabe Article or Paragraph Pige Number & Title Number Number 3 Title Number 96 Rejecting Defective Work 21 1,b 139 Uncovering Work at ENGI 9 7 y 9 Shop Drawinbs Chang, Orders NEER s Request 27 'S and Payments 21 13 I0 OWNER Mav Stop the Work Is q 10 D,t,rmmatims for Unit Prices _I -2 13 It Correction or Removal of 1) 11 9 12 Decisions on Disputes ENUI Defective Work _R NEER as Initial Interpreter _ 13 12 C orreetion Period �\ 013 Limitations on LN(,1NEERs 1313 Acceptanc, ofDefectry Work =h Authority and Responsibiliies 22_3 1314 OWNER Mae Correct Def chve Work 2b _9 CFLANGES IA THE WORK 2, 10 1 OWNER s Ordered Change 23 14 PAIMFNTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 10 3 R ork Not Required by ( ontract 14 1 S,hedule of A alues ^_o Dowments ^_a 141 application for Progress 1114 Chanf c Orders 23 Payment 29 10 s Notification of Surety 23 14 3 CONTRA( TORS W uran[v of Title 'r9 ( HANC b OF ( OATRACT PRI( F 23 144 14 7 Review of Applications for 11 1 11 3 ( ontract Price ( joint for Progress Payments 20 30 Adjustment Aalue of 148 14 9 Substantial Completion 30 the W ork 23 24 1410 Partial I ftilie ition 30 31 11 4 Cost of the Work 24 ^_� 1411 Final Impe,tion al 11 F\clusions to ( ost of the Work ^_, 14 12 Final Application for Pavanent 31 11 6 CONTR A( TOR s Fee 21 14 13 14 14 Final Payment and Ac,opfan, 31 11 7 CISt Re,ords 2t _6 14 1, W aver of i farms 41 3' 11 3 ( ash Allowanccs 26 11 9 Unit Price W ork 26 15 M bPFNSION Ol WORK AND TFRNITNATION 32 CHANGE OF CONTRACT TIDIES '_o 1" l OWNER May Suspend Work 32 12 1 ( lain for Adjustment 26 I� _ is 4 OWNERNIav Terminal., 31_ 122 Time of the Essence 26 1:ts C ONTRA( TOR Mary Stop 12 3 D,Iays Beyond ( ONTRA( TORS Work or Terminate �2 3� ( ontrot 26 27 l'_ 4 Detays Beyond OWINERs and to DISPU f E RESOLUTION 33 ONTRACTOR s ( ontrol ^_7 17 AESCEII ANFOITS 3, TFSTS AND INSPECTIONS CORRF( TION 171 ( wing Notice 33 REM(IVAI OR A( ( EPTAN( E OF 172 ( omputanon of Times 3, DE.FF( TIIF WORK _7 173 'Nonce of Claim 33 13 1 Notice of Defects 27 174 ( umulatn e Remedies 33 13 2 access to th, Work 27 17 s Professional Fees and Court 13 3 Tests and Inspections Costs Includ d 33 ( ONTRACTORs Cooperation 27 17 6 Applicabl, Stat L rws 33 34 13 4 OWNLRs Responsibilities Intentionally left blank 3 Independent I esting Taboratory 27 13 (ONI RAC FOR s LhHIBI I C C A (Optional) Responsibilities 27 Dispute Resolution Agreement (IC AI 13 6 13 7 C overmg Work Prior to Inspe, 16 1 M 6 Arbitration (,( Al tion Testing or approval 27 1117 Mediation W Al iv F1CD( (FNFRSI LONDITIONS 19IO N 099O LDITION) w C11'Y OF FORT COLLINS MODIFIC A [IONS (REV 9U9j INDEX 10 GENERAL CONDITIONS (C try of fort Collins modifications I( the (,oneraI ( onditlons of the Construction (,ontract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance s 14 defectne Work 104 1 11 s 13 1 final payment 912, 141s insurance 14 other Work by CONTRAC IOR 7 3 Substitutes and Or Equal Items 6 7 1 Wort. by OWNER 25 630 634 Access to the Iands OWNFIR nnd(ON I RA( TOR responsibilities 4 1 site retnted Work 7 2 Wort. 13 2 13 14 14 9 Acts or Omissions Acts and Omissions ( ONTRACTOR 691 9133 ENGINFFR 6 _0 4 13 3 OWNER 6.0 49 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 14) 1 1 Additional Property Insurances S 7 Adrystm ents Contract Price or Contract Tunes I, 31 41 432 4,2 453 94 9, L0^_ In4 Il 1_ 148 1sI progress schedule 6 o Agreement definition of 1 2 \II Risk Insurance policy form 562 Allowances ( ash 11 4 Amending Contract Documents 5 Amendment Written in general 110 14s 3 s 510 512 662 682 619 101 104 112 121 13122 147.. Appeal OWNER or CONTRACTOR Intent to 9 10 0 11 10 4 16 _ 16 Application for Pavment definition of I i ENGINEER s Responsibility 99 final payment 4 13 4 9 13 5 14 1^_ 14 15 ingeneral 28 29 564 910 Is progress pavnient 14 1 147 review of 144 147 Arbitration 16 1 16 o ASbesto5 claims pursuant thereto 4 , 2 45 ( ONTRAC TOR authorized to stop Work 4 , 2 definition of 1 4 v Article or Paragraph Number OWNER responsibility for 4 5 1 8 In possible price and times change 4 S 2 Authorized A anations in Work 3 o 025 627 Qs Availabd¢} of Lands 4 1 8 4 Award Notice of defined 1 25 Before Starting ( onstruction 2 s _ 8 Bid definition of 1 5 it 1 1 10 _ 3 3 3 41646111143 It 1) I) Bidding Documents definition of 16(6S-) Bidding Requirements definition of 17(11 4_6_) Bonds acceptance of s 14 additional bonds Ill s 11 4, 9 ( ost of the Work 115 4 definition of 18 d tncr} of 21 5 1 final Application for Payment 14 12 1414 gems( I Ill 5 1 s 3, 13 911 10, 1476 Performance PT}munt and Othcr 5 1 , Bonds and Insurance in general s Builders risk all risk polu.y form s 6 2 ( sncellat(on Provisions Insurance 54 11 5 S 5 15 Cash Allowances 114 C ertihcate of Substantial ( ompletion 1 28 6 30 2 3 148 1410 ( cruftcates of lnspcction 9 13 4 13 S 14 1_ Certificates of Insurance -7 s 3, 411 5 4 13 56, s8 514 0134 1412 ( hange in ('ontrTct Provo Cush .allowances 11 8 claim for price adjustment 4 1 4 2 6 4 E s 15 6 8 94 95')It 10210 112131) 1313 1314 14 7 1, 1 is s CONTRACTORS fee 116 Cost of the W ork g ncral It 4 11 7 Exclusions to 11 5 C ost Records 11 7 in general I I 1 44 9 11 10 4_ 1043 11 Lump Sum Pricing 11 3 _ Notification of Surety 10 s Scope of to 3 R0 4 Testing and Inspection Uncovering the Work 13 0 IR DC OENERAI CONDITIVNS 1910 811990 EDITION) v = nF FORT COLLINS MODIFIC 1IIONS (RF V 9 99) Unit Price Work 11 9 ( ON I RA( TOR s Fee Article or Paragraph Number Valu of Wort. Change in Contract Times Claim for times adjustment 41 4-6 45 682 94 95 911 102 10� 139 1313 1314 147 1> 1 (ontractual time limits Delays bryend CONTRACTORS control Delays beNond OWTIFR s and CONTRACTOR s control Notification of surety Scope of chan6 , Ch Inge Orders Acceptance otDeleenve Wort. Amending Contract Documents ( ash Allowances ( hange of Contract Price Change of Contract Times C hanges in th W ork ( ONTRA(TORs tee C ost of the Work Cost Records definition if emergencies FNCINEERs iesponmbihtN execution of Indemnitiction Insurance Bonds and OWNER may tcrminnte OW NER s RcsponsibihtN Phvsreal Conditions Subsurface and Underground Facilities Record Documents Scope of Change Substitutes Unit Price IN orb N aloe of W ork covered by Changes in the W ork Notiheation of sunk OWNER, md(ONTRACTORs responsibilities Right to an adtusfm ent Scopc ofchangc Claims 9S 104 612 616 5 10 against CONTILACI OR against EVANEER against OWNER Change of( ontract Price ( hange of Contract 1 imes ( ONTRVCTORs 4 71 )4 Qs 11 UI Article or Paragraph Number 113 CONTRA( TOR s liability s4 Cost of the Work 15 Decisions on Disputes 11 1 Dispute Resolution 15 5 Dispute Resolution Agreement 122 EN(rINEER as initial rnterpretor Lump Sum Pricing 11_ 3 Notice of 12 4 10� 103104 11 6 114117 11 7 19 6 23 1_1 104 o31613 513 10) 152154 S6 104 4_ 4i_ 6 19 103104 67, 082 11 9 11 3 10 ID, 104 102 10 3 104 o 16 o +2 63 94 112 94 121 911 lo_ 139 148 15, 173 611_,o 16 o31 11 4 11 5 011 012 10 1 lot lob 9 11 173 OWNER 94 95 911 101 II _ Il 9 121 139 1313 1114 173 OWNERS Imbiluv ', I OWNER may refuse to male payment 147 Professional Fees and Court Costs Included 17 5 request for formal decision on 9 11 Substitute Items 6 7 1 Time Extension 12 1 Tim e requirements 911 1_1 Unit Price Work 11 0 e Value of 11 3 Wanes of on Final Payment 14 14 14 I, W ork ( hange Direotivo 10 _ wrlitcn notice requir d 9 11 11 ' 12 1 ( larthcations ind Interpretations 3 6 3 0 4 O l l C lean Site 6 17 ( Odes of Technical Society Organization or '\ssocmtion 3 N 3 Commencement of ( ontraet Limes 23 Communications general 6' 60 _ 81 Hazard( ommunication Programs 62'_ ompletion Final 4pplicata n for Payment 14 12 Final Inspection 14 11 Final Payment and Acceptance 14 13 14 14 Partial ttili7atlnn 1410 Substantial Completion 1 38 14 S 149 kb an er of Claims 14 1, Computation of Times 1721 17' Concerning Subcontractors Suppliers and Others b b b I L Conterences initially acceptable schedules ' o prcconstruction 2 8 C onllict Error Ambiguity Discrepancv ( ON I RACTOR to Report 2 N 3 3_ Consurwion before starting by (ONTRACTOR _ 7 ( onstruetion Machinery Equipment etc o 4 ( ontinuing the W ork b 9 104 CLntract Documents \mending 3 5 Bonds � I EJCIX GENERAL CONMI IO0 S 19tO A 119911 EDITION) ui CITY OF FORI I OLLINS MODIFIC A 1IUVS IREV 1091 Cash Allowances l l R Stop wort. requirements 4 5 2 CONTRA( TOR s— Article or Paragraph Number Change of Contract Price 11 Change of ContraCt Times 12 Changes in the Work 104 10 s check snd ienty 2 s Clarifications and Interpretations ' 2 36 94 9 11 dl,tmitron of 1 10 ENGINEER as initial uit rpreter of 911 FNGINEER as OWNFR s representative 9 1 general Insurance 5 3 Imcnt 1 4 minor variations in the Wort. 36 OWNERS responsibility to furnish data 8 O WNFR s responsibility to male prompt payment 8 3 144 14 13 precedence 3 1 3 3 3 Accord Documents 6 19 Rel,ronce to Standards and Speatieauons of technical Societies 3 Related Work 7 2 Reporting snd RCsolving Dlscrepanems ^ 5 3 3 Reuse of a 7 Supplementing 3 6 Termination of EN( INFERS bmlgmment S _ Unit Price Work 11 ) Variations � b 623 627 'sits toS¢C ENOINEERs 92 Contract Price adjustment of 3 5 4 1 94 103 11 2 11 3 Change of I I Deusion on Disputes o 11 dcfmition of I I I ( ontraet Tunes adtustm,Rt of 3 5 4 1 94 103 12 ( hange of 12 1 124 ( ommencement of 23 definition of 1 11_ CONTRACTOR \cceptance of Insuranc, 5 14 Communications o, 69 _ ( ontinue A ork 6 ^_9 104 coordination and scheduling b 92 definition of 1 1, Limited Reliance on Technical Data Authorized 4-2 May Stop W ork or I ermmate 15 , provide site access to others 72 1 3'_ Safety snd Protection 4 3 1 2 6 16 6 18 6216_3 7^ 132 Shop Drawinl, and Sample Revick Prior to Submittal 62, NI Arlrcle or Paragraph Number Compensation I I 1 11 ^_ Continuing Obligation 14 Is Defective Work 96 1 In1314 Duty to Correct defective W ork 13 11 Duty to Roport C hangs in the Rork Causal by Emcrgencv 6-3 Defects in W ork of Others 73 Differing Conditions 42 3 Discrepancy in Documents 2 5 3 31 6 141_ Lnderground FicilitiCs not mdm tied 4,2 Ent Crgcnwcs 6 23 Equipment and \Iachmcry Rental Cost of the W ork 11 4 3 Fee ( ost Plus 11 4, 6 It 5 1 11 6 General Warranty and ( uarantee o 3n Hazard CommuniCntion Programs 022 Indemnification 612 610 631 631 lnspcetion of the Work 73 134 I abor Materials snd Equipment b r 6 i I sws and Re6ulations, Compliance by o 14 1 I iabdity insuran e 4 \otice of Intent to Appeal o I0 104 obligation to perform and complete the Work 6 30 Patent FeLS and Roy ilties paid for by o 12 Performance and Other Bonds 5 I Permits obtsmed and paid for by o 13 Progress SChcdulC _ 0 2 b_ 9 6 6 629 104 1511 Request for form it dUr aonon disputCs o I 1 Responslbditics Chanties in the Work 10 1 ( oncernmg SubcontriCtors Suppl fors in Others 6 8 6 11 Continuing the W ork 6 p 104 CONTRAIORseepense 671 CONTRA( TOR s G neral R uranty and Guarantee 030 I ONTRACTOR s rLA IeW prior 4i Shop Drawm, or Sample submittal 625 Coordmstion of Work o 0 Pmcrg ncies 623 ENGINLERs evaluation Substitutes or Or Equal Items 6 7 3 For Acts and Omissions of Others 69 1 o 7^_ 0 13 for deductible amounts insurance 5 ) general o 72 73 So Hazardous Communication Programs 02, Indemnification 631 633 F JCDC C F NER LL (OND[TIO,iS 1910 S (1990 F DI ❑O o w CIT1 JF FORT COLLINS MODIFICATIONS (RL1 9 9)1 Labor Materials and Equipment 63 6 ( ON I R L( TORS other 7 Laws and Regulations o 14 Contractual Liability Insurance 5 4 10 Liability Insurance S 4 ( ontractual Time Limits 12 Article or Par li-raph Article or Paragraph Number Number Notice of variation from Contract ( oordmation Documents 627 CON rRACrOR s responsibility o9_ Patent Fees and Rovalties 6 12 ( opies of Documents O _ Permits 61, C orrection Period 1312 Progress Schedule 6 6 Correetum Removal or A L ptance Rccord Documents 6 to of D fecnve Work related Work pertormed prior to in general 104 1 13 10 13 14 ENGINEFR s apprm al of requir d \eceptance otDeJechve Work 1, 13 submittals 628 Correction or Removal of safe structural loading 6Is Dejecfne Work 030 1311 Satet) and Prot ction 020 72 1, ^_ ( orrection Period 13 12 Sdety Representative 621 OWNERMav F ornct Dejectne Work 1314 Scheduling the Work 6 9 2 OWNFR Mav Stop Wort. 13 10 Shop Drawings and Samples o ^4 (. ost Shop Drawings and Samples Review of Tests and inspections 134 byENGINEER 626 Records 117 Sit, Cleanliness o 17 Cost of the Work Submittal Procedures 62s Bonds and msuranec additional l l 4,C) Substitute Construction Methods (`ash Discounts 11 4 and Procedures o 7 2 ( ONTRACTOR s F e 1 1( SnhSfltmi-S and Or Equal Items 6 7 1 Employee Expenses 11 4 a 1 Supeuntendence 6 _ Lsclusions to 11 Supery lston 6 1 Generalll 4 11 Survival of Obligations b 34 Home office and ov erhead eNpenses 11 s T tees 6 15 Loss s uid dam ices 11 4 o T sts and Inspections 13 5 Materials and equipment 11 4 _ To Report .. v Minor expenses 11 4 5 8 Use of Premises 616618 6 30 2 4 Payrull costs on changes 11 4 1 Ra law Prior to Shop Drawing or perform d by Subcontractors 11 4 3 Sample Submittal 62, Recordsl17 Right to adjustment for changes in th Work Uj ^_ Rentals of construction eginpmuit right to claim 4 7 1 9 4 9 5 9 11 10 < 11 '_ and in ichmen 11 4 > > 11 9 12 1 13 9 14 8 1 s I I s e 173 Royalty payments perm Its and Safety and Protection 620 6 ^ 7 2 13 _ license fees 11 4 9 Safety Representatne 6 _1 Site office and temporary facihties 11 4 _ Shop Drawings and Samples Submittals 624 6 8 Special Consultants ( ONTRA( rORs 11 4 4 Special Consultants 11 4 4 Supplemental It 4 5 Substitute Construction Methods and Procedures 6 7 Taxes related to the Work 11 4 5 4 SubStitllteS utd Or Equal Items Tuts and Inspection 114 Fxpense 67 1 o 7^ Trade Discounts 11 4 2 Subcontractors Suppliers and Others o 8 6 11 Utilities fuel and santtary facilities 11 4 5 7 Supery lsion and Supenntendenee 6 1 6' o ^ I Work after r gular hours 11 4 1 Taxes Pavaiient by 615 Covering Work 13 6 h 7 Use of Premises 6 16 6 18 ( umulatne Remedies t74 17 a Warr mties and guarantees 6 , 6 30 C utting fitting and patching 7'2 Warranty of Title 14 3 Data to be furnished by OWNER 8 v W ritten Notice Required Dav definition of 17 2 _ ( ONTPACTOR stop Work or terminate 15 Decisions on Disputes 411 0 1_ Rcports of DlfterML Subsurfac delecnve definition of 1 14 and Physical C ondnions 423 de%crtve Work Subst meal Completion 14 8 \cceptance of 104 1 13 13 PX1X-CFNtkA CONDI CIONS 19108 f199a fDIDONI w C=OF FORT COLLINS MODIFICAEONS(1uA9tl91 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 DRAW INGS/DETAILS Rev 10/20/07 Section 00020 Page 2 BID BOND KNOW ALL MEN BY THESE PRESENTS that we the undersigned Northstar Concrete Inc as Principal and as Surety are hereby held and firmly bound unto the City of Fort Collins Colorado as OWNER in the sum of $ 56 of Bid Amount 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 6088 Concrete Maintenance Project -Phase II NOW THEREFORE (a) If said Bid shall be rejected or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract and for payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid then this obligation shall be void otherwise the same shall remain in force and effect it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated The Surety for value received hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER Rev 10120/07 Section 00410 Page 2 Correction or Removal of 104 1 13 11 OW NPRs Representative C orrection Period Le 12 Payments to the CONI RACTOR, in general 13 147 14 11 Responsibility for Recommendation of Payment Vtiele or Paragraph 'dumber Observation by EN(,INFFR 9 2 OWNER May Stop Work 13 U) Prompt Nonce of Detects 13 1 Rejecting 9 6 Uncovcrmg the Work 13 b Definitions I Delays 4 1 629 12 3 124 Delis e1 v Of Bonds 2 1 Delivery of certificates of insurance ^ 7 Doterm inations for Unit Prices 910 Differing Subsurface or Phvsmal Conditions Notice of 4 2 FN(,1NPFRs Review 4 ^ 4 Possible Contract Documents Change 41, Possible Priee and Times Adjustments 4 2 o Discrepanues Rcpordng and R soling 2 S e 3 2 6 14 _ Dispuu. Resolution \greemcnt to 1 l6 o \rbitration 10 1 I6 _general 16 Mediation 166 Dispute Resolution Agreement to 1 too Disputes Decisions by LNC INFER 9 11 9 12 Documents C oplcs of 2 _ Record 6 19 Reuse of 3 7 Drawings definition of I IS Easements 41 Elf ofive date of Agreement d fimtion of I IC Emergenmos 623 ENGINEER as initial interpreter on disputes 911 9 1_ definition of 1 17 Limitations on authority -ind responsibilities 9 13 R placem of of h „ Resident Projec t R presentativ 9 3 ENGINEER s Consultant definition of 1 1S LNUINLER% authority and responsibility limitations on 9 1, Authorized Variations in the W ork 9 5 Change Orders responsibility for 07 10 11 12 Clarnc,ations and Interpretations 3 6 3 94 Decisions on Disputes 7 11 91 _ defe,tne Work notice of 1,1 Et aluation of Substitute Items o 73 Liability 632 912 'Sohce Work is Aecoptable 14 13 Observations 6 02 92 99 14 144 1413 Article or Par lLraph Number Responsibilities Limitations on 9 11 9 13 Review of Reports on Differing Subsurtace and Ph(sical Conditions 4 2 4 Shop Drawings and Samples review responsibility 6 _6 Status During Construction authorized variations in the Work 9 ( lantications and Interpretations 94 Decisions on Disputes 9 11 9 12 Let narmations on Unit Price 9 UI ENGINEER as Initial Interpreter 9 11 9 12 LN( INFER s Responsibilities ) 1 912 Limitations on FNGINEERs Authoritb and Responsibilities 9 I i OWNERS Repft �matne o I Project Representative 9 3 Rej(ctmg Defecnve Work 96 Shop Drawings ( hange Orders and Payments 9 7 9 9 Visits to Sit 9 _ Laut Price determinations 9 10 V I'Its to Site q 9 Written consent required 72 91 Equipment L ibor Materials and o 6 5 Equipment rental Cost of the W o[k 11 4 S 3 Equivalent Materials and Equipment 6 7 rror or omissions 633 bvidcnLe of Financial Arrangements S 11 P Splorations of physical conditions 4 2 1 f e CONTR \CTOR s ( osts Plus 11 Pield Ord r definition of I I ) nsued by FN(,INI FR 3 61 ) > f inal Application for Payment 14 12 1 inal Inspection 14 11 final Payment ind Ace ptance 14 L, 14 14 Priorto for ash tllovames II h ( enernl Provisions 17 3 174 ( eneral Requirements definition of I ^_D principal references to 2 6 6 4 6 6 6 7 o _4 U iv ing Nonce 17 I O uarantee of Work by( ON TRA( 1 OR 6 30 14 12 flazsrd( ommunication Programs 62^ hazardous Waste definition of I _1 Leniral 4 OWNER s r sponsibility for S l0 F1CDC ( FNER 1L ( ONDITIONS i910 9119W LDI1101oI v CIT1 OF FORT( OLLINS MODIFY 111LNS (REt 9 99) Indemnification b 1- 616 031 631 Insurance , t Initially Acceptable Schedules - 9 Precedence 3 1 3 3 3 Inspection Reference to 13 1 C ertificates of 9 13 4 13 5 14 1' Safety and Protection 6 Zii 13 2 Final 14 11 Subcontractors Suppliers ind Others 6 8 6 1 l Nrlicle or Par 6raph Nrticlo or Paragraph Number Number Special required byENUINFER Ttsts and Approval Insurance Acccptancc of by OWNER Ndditional required by changes in the Work Before starting the W ork Bonds and in General Cancellation Provisions 9b 87 13, 134 5 14 114,9 °7 C ertificates it _ 7, 5 , 4 11 ,b, 5R s14 9 13 4 completed operations CON TRACTOR s I mbdity CO'STRNCTORs objection to coveri6e Contractual Liability deductible amounts (.ONIRAC TORS responsibihts Final Apphcaton for Paym at I mensod Insurers Notice requirements material (han6es Option to Replace other special insurances OWNER a, fiducrary for msur,& OWNERS Liabilry OWNER a Responsibility Partial Utilization Property Insuranw Property Receipt and Application of Insurance Proceeds Speual insurance W an er of Rights Intent of( ontcact Documents Interpretations and C ratifications Investigations of physical conditions L tbor M iterials and Equipment L rids and Easem nts availabiht} of Reports and Tests I aws and Regulations Laws or R gulations Bonds ( hinges in the Work ( onnact Documents ( ONTRACTOR s Responsibilities Correction Period defe,hie Work Cost of the Work taxes dtlmrtion of goner d6 14 Indemnification ,8 5413 14 12 ,413 54 14 5410 ,9 14 12 53 10 14 10 12 L, „ 3, 65U1 1251, 10 It 3134 363 94 4_ 636) h4 41 S4 84 104 63163, I ests and Inspections Use of Premises N mas to Site Liability Insurance COI, TRACTOR s OWNFRs I icensed Sureties and Insurers Liens Application for Progress Payment CONTRACTORS Warranty of Tale Final Application for Payment definition of lk river of C laim s Lint itations on ENGINEERS authority and responsibilities Limacd Reliance by COD, IRACTOR Nuthorized Nuntenanoe and Operating Manuals Final %pplication for Payment Manuals (of others) Precedence Reference to in ( ontract Documents Materials and guipment furnished by ( ONTRI( TOR not incorporated in lk ork Materials or cgmpment equn alcnt Nlcdution (Optional) bhltstones detimtion of Miscellaneous Computation of Times Cwnulatrvc Remedies (,n ing Notice Notice of Claim Protessional Nees and Court Costs Included Multi prime contracts Not Shown or Indicated Notice of Neceptabday of Project lward definition of laim Defects 13 1 Differing Subsurface or Physical I ondRtons Un in6 rests and Inspections l artation, Shop Drawin6 and Sample Notw to Pro, d definition of giving of 1,5 b16 92 4 5 ,1 l3_ 143 1412 1 23 141, () 13 42_ la 12 3331 331 b3 14 67 167 1 _4 17' 174 171 17, 175 4 _ 1413 1 ^5 173 423 171 1,3 6 -7 1 26 3 EA Lx CLNFR iL CONEA IONS 1910 311990 tDITIONI w/ C7TY OF FORT COLLINS MODIFICATIONS (REV 9 )91 Notification to Suretv Observations byENGINEER Oeoupanev of the Work 5 Om nsions or acts by CON RACTOR Open Peril poltw form Insurance Option to Rcpl ice log 630 92 15 63024 1410 69 913 5b� 5 14 Article or Paragraph Num ber Or Fqual Items Other work 7 Overtimo Work prohibition of OW NER Acceptance otdefecnve Work appoint an FNGINEFR as fiduciary Availability of Lank responsibility detmition of data furnish May ( orrect Defective Work May refuse to make payment May Stop the Work Mav Suspend Work terminate 88 1310 Payment make prompt 83 performance of other work permits and licenses requirements purchased insurance requirements OvW \ERs Acceptance of the W ork ( hange Orders obligation to execute ( cmmuincations C oordination of tho Work Disputes request for deLISIOn lnsp eticros tests and ipproa als Liability Insurance Notiu, of Detects Representative During Construction ENGINFERs Status Responsihihttes Asbestos P( Bs Petroleum Hazardous Waste or Radioactive Material C hange Orders Changes in the Work communications ( ONTRACTOR s responsibilities eP idence of financial arrangements inspections tests and approvals 67 61 11 13 82 512 � 13 41 1 '_7 83 13 14 147 1310 1, 1 1,4 144 1413 71 6 13 o � 10 03025 56 104 81 74 0 11 871,4 13 1 insurance lands and easements prompt payment by replac ,m ent of ENGINEER reports and tests stop or suspend Work 8 8 to to terminate CON 1 R ACTOR s 91 8 10 S6 111 1 8l 89 8 11 7 8� 84 83 8. S4 Ul services 8 8 1, 2 separat representative it site 93 testing Independent use or occupancy of the Work written consent or approval required 1,4 511 6 30 2 4 1410 91 63 114 FJC LKr d FNFR U cOND171uNS 191 e S (199a EDITION) 11 0T7 OF PORT COLLINS MODIFIC srIONS d2E� 9 9h V icle or Paragraph Number written notice required 7 1 94 9 11 112 It 147 154 PCBs definition of 129 general 4 s OWNERS responsibility for S 10 Partial Utilization definition of 1 28 gun ral63024 1410 Property Insurance s Is Pat,m Fees and Royalties b 12 Payment Bonds I s Pamnents Recommendation of 144147 1413 Payments to CONTRACTOR and Completion Application for Pro&r,ssPaymcnts 142 t ONTRACTORs Warranty of Title 143 P Eaal Application for Pasmient 14 12 I East Inspection 14 11 I trial Payment and Acceptance 141, 14 14 general 83 14 Partial Utilization 14 10 Rc[amage 14 Re41 w of Applications for Progress Payments 144 14 7 prompt payment 8 , Schedule of Values 141 Substantial ( omptetin t 148 14 ) Raiverof( [aims 14 Is when p ivnients chic 144 14 13 withholding payment 147 Perform nice Bonds 5 1 S 2 Perm its 6 13 Petroleum definition of 1 30 eenural 4 s OWNER s responsibility for 81n Physical Conditions Drew rags of in or relatin, to 4 2 1 2 FNUQIEFR 9 review 4-4 eelstmg structures 42' ken ral421 2 \Once of Diff ring Subsurtace or 4 _ 3 Possible ( ontract Documents Change 42 5 Possible R Ice and t imes Adjustments 426 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions 4 2 1 1 1 echnwal Data Limited Reliance by CONTR ACTOR Authorized 4 _ O Underground Facilities general 43 Not Shown or Indm3ed 4 3 2 Protection of 43 610 "u Article or Paragraph Number Shown or indicated 4 3 1 Technical Data 4 22 Pr construction C'onterenoc 2 8 Preliminary \tatters 2 Prelimmar} Schedules 26 Premises t se of b 16 6 11 Price C hange of Contract II Price Contract definition of 1 I I Progress Pavment applications for t4 2 Progress Payment remtnagc 14 Progress schedule CONTRA( TORS 2 6 2 8 29 66 629 104 Is21 Project definition of 1 31 Project R presentatrvu ENUINEERs Status During(onstruction 93 Project Representatn e Resident definition of 1 33 prompt pavment by OWNER S 3 Property Insurance Additional s 7 6ener115 6 1(1 Partial Utilization 51 14102 receipt and application of proe,eds s 12 5 13 Protection Safety and 6-0 621 13 _ Punch It9t 14 11 Radioactn e Material defintion of 1 31 uenera14 OWNER s responsibdtty for S 10 Recommendation of Payment 144 14, 14 11 Record Documents 6 19 14 12 Records procedures for maintaining -8 Referent, Points 44 Referent, to Standards and Specifications Of technical Societies 3 Regulations Laws and i or) 6 14 R jectinb Defe,nie Wort. 96 R,latud Wort. at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 62S Remedrus cumulian 174 175 Removal or Correction ofDefecrne INork 13 11 rental igrLemems OWNER ipproval rutuired 11 4 5 3 replacement of ENUfNFFR, by OWNER 8 2 Reporting and Resoh mg Discrepancies a 5 i 3 2 t 14 „ Reports and Dr iw ings 42 1 and Tests OWNER s responsibility 84 Resident and Project Representative definition of 1 33 pro%ision tar 93 PA 13C GENT R SL CONDITIONS 1910 S i 1990 ME] I0NI w C1 IY OF FORT COLLINS MODIFI(. 1T10NS (REV 909) Article or Paragraph Number Resident Superintendent CON IRA(TOR s 62 Responsibilities CONTRA( TOR s in general b LNC INFFRs in general 9 Limitations on 9 13 OWNERS in general N Retamage 142 Reuse of Damn ents 3 7 Review by CONTRA( TOR bhop Drawings snd Samples Prior to Submittal b 25 Rea tea of Applications for Progress Pa)mients 144 W 7 Right to an adjustment 10 2 Rights of Way 41 Royalties Patent Pees and 6 12 Safe Structural I oadmg 6 18 Safety snd Protection 4 1 _ 6 16 6 18 6200_I 7_ 13^_ general 020 b 23 Represcntan, CONTRACTORS 611 Samples iefimtion of 1 34 .,eneral o 4 6 _S Review by ( ONTRACTOR ()2, Review by ENGINFFR 626 627 related Work 628 submittal of 6242 submittal procedures 6 _S Schedule of progress 26 2 8 29 66 6_9 104 1521 Schedule of Shop Draw mg and Sample Submittals 2 6 ^_ 8 21) 6 24 6IS Schedule of %aloes 2 6 2 8 29 14 1 Schedules Adherence to 15 2 1 Adjusting b b ( hange of Contract Times 104 Initially Acceptable 2 S ^_ 9 Prehmnary 26 Scope of Changes W 3 10 4 Subsurface ( onddions 42 1 1 Shop Draw mgs and Samples general 6 24 6 2N Change Orders & Applications for Payments and 9 7 9 9 definition of 1 s FNO INFER s approval of 3 6'_ FNCINLER s responsibility for rev tew 97 624 6 -8 related Work 628 review procedures 2 8 624 6 _8 Article or Paragraph Dumber submittal required 61_4 1 Submitt it Procedures o 2s use to approve substitutions 07 3 Shown or lnduated 4 3 1 Site AcceSS 7 1 132 bite (leanhness o 17 Site Visits to by ENGINEER 92 132 by others 13- special causes of loss policy form insurance s 6 definition of 1 36 Specdmrtions defination of 1 36 of Technical Socetes reference to 3 3 1 precedence 3 3 3 Standards and Specifications of technical Societies 3 3 Starting ( onsnuction Before 2 5 ^_ N Starting the Work _ 4 Stop or Suspend W ork by CONTRACTOR 15 s by ORNFR N 8 13 10 1, 1 Storage of materials and equtpmont 4 1 7- Structural Loading Sifete b IN Sulx,ontraUor Concerning b N 611 definition of 1 37 delays 12 3 w uv er of rights 6 11 Subcontractors in g neral 6 8 611 Subcontracts required pro\ isions 111 611 1143 Subm trials Applications for Patment 14 Mvntenance and Operation Manuals 141 Procedures o _1 Progress Schedules -6 29 Samples 624 1,28 Schedule of balues -6 14 1 Schedule of Shop Drawings and Samples bubmissionb 2 o _ A '_ 9 Shop Drawmgs b 24 b 2S Substantial ( ompletion certification of o 30 ^_ 3 14 N 14 1) definition of 1 38 Substitute ( onstruction Methods or Procedures b 7 2 bubstitutes and Or Equal Items 67 ( ONTRACIORs Expense 6713 EN(,INFFRs EN duetion 6 7 3 Or Equal 6 7 1 1 Substitute Construction Methods N111 EICIX (FNERAL C ONDI I IuNS 1910 8 (19911 EDI RUNT w/ CIT1 OF FORT COLLINS MODIFIC A (IONS (REN 9 9)) Temporary onstruction facilities 4 1 Article or Paragraph Article or Paragraph Number Number or Procedures 6 72 Term matron Substitute Items 67 12 by CONTRACTOR U s Subsurface and Physical (. onditions b) OWNER s 8 15 1 lS 4 Drawings of in or relatng to 42 12 of EFEANFFR s employment s' FNgENLERs Revtew 4 2 4 Suspension of Work in general 15 general 4_ Terms and Adjectrecs 34 L1mlted Reliance by CONTRACTOR Tests and Inspections Authorized 4 _ 2 ACees3 to the Work, by others 13 2 Notice of Differing Subsurface or CONTRACTOR s responsibilities 13 Phystcal Conditions 42 3 cost of 13 4 Physical Conditions 41 1 = covering Work prior to 13 0 13 7 Possibh. ( ontract Documents Change 42 Laws and Regulations (or) 11 Possible Price andTimes 4djustm ents 42 o Notice of Defects 11 1 Reports and Drawings 42 1 OWNER Ivlay )top Work 13 10 Subsur face and 42 OWNFRs independent testing 134 Subsurface ( onditions at the Site 4 2 1 1 spacial required by ENGINEFR 9 o Technical Data 4-' timely notice required 134 super ision Uncovering the Work at LNGINEERa (,ON I RACTORsi spcnsibilits 61 request 13 N 13 > OWNER shall not super% isc 89 Tim s ENGINTFR shall not super Ise 9- 4 132 Adjusting 6(, supernt ndence 62 Chime of Contract 12 supermt ndent CONTR V TOR resident 62 ( omputation of 172 Supplemental costs 11 4, ( ontret Tunes definition of t 12 supplementar) Conditions day 171 definition of 131) Vlilestones I^ principal references to 1 10 1 IN 2 2 2 7 Requirements 42 43 �1 53 54 56s9 aPpeals 910 to 5 11 0 8 6 13 74 N It 93 y 10 clallllc itions suppl menting Contract DOLL11 l9 16 claims and disputes 911 11 _ l^_ supplier Commencement of Convict I imes � 3 definition of 1 4o Reconstruction Conttronoe Is principal reter noes to 3 7 b:1 6 4 6 11 6 20 sch doles 26 2 7 66 024 91, 14 12 Starting the W ork -4 1l an er of Rights 6 11 Title W arrant% of 141 surety Uncovering Work I 1 s 119 consent to final payment 1412 14 14 Underground Facilities Physical Conditions LNGiNFER has no dun to 0 13 definition of 1 41 NOlilie dton of W 1 lU s I S 2 Not Shown or Indic ited 4 3 2 qualification of 1 5 3 protection of 43 b _0 Surn al of Obligations 0 4 Shown or Indicated 43 1 Suspend Work OWNFR May 13 10 1, 1 Unit Price k%ork Suspension of IN ork and Termination I claims 11 9 3 C ON PR A( I OR Mav Stop u ork definition of 1 42 or Terminate ISs general 11 9 14 1 145 OWNERMay Suspend Work 1S1 Unit Prices OWNER Via) Terminate Is- 154 eenerall1 3 1 Taxes Payment by ( ONTRA( TOR 6 I S Determination for q In I echmcaI Data Ilse of Prem wes 6 16 6 1S 6 30 _ 4 Limited Rehance b) CONTRA( TOR 4_ 2 film owners 6 13 o 20 7 1 73 13 _ Possibl, Price and Times Adjustments 4-6 Ufilization Partial 1 28 5 1 S 6 302 4 14 U) Reports of Dittenng Subsurf ice and Valut of the Work It 3 Physical Conditions 4-3 Values schedule of 26 _ N _ 9 14 1 a1° FXIX OENFR 4L I.ONDITIONS 1910 S 0990 EDITION) w ❑ TY OF FORT COLLINS MODIFICATIONS (RE%)1)91 Variations in W ork Minor Authorized 6 _i 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 W arvcr of Claims on Final Fivinent 14 1 , W atver of Rights by insured parties 5 11 6 11 Warranty and Ouarantee General by ( ONIRACTOR 630 Warranty of Title CONTRACTORS 143 Work Access to 1 '_ by others 7 Changes in the 10 Continuing the 629 CONTRACTOR Mav Stop Work or Terminate IS 5 C oordination of 74 Cost of the 11 4 11 , definition of 1 43 neglected hN CON I RA( rOR 1314 other Work 7 OWNER May Stop Work 1 hl OWNER May Suspend Work 11 In I 1 Rented W ork it Site 7 l 7 3 Stnrtml, the 14 Stopping by C ONTR%CTOR U 5 Stopping by OWNFR 15 1 U 4 Variation and dev ration authorized, tumor 3 o W ork Change Utrectn e claims pursuant to III 2 d tinition of 1 44 principal references to 3 ) 3 111 1 10 2 W ntten Amendment detirution of 1 45 principal ref rences t t 1 10 3 5 s 10 IS 12 662 682 619 101 104 112 121 131_2 1472 Written Clarifications and Interpretations 3 63 9 4 4 11 W ntten Votice Required by ( ONTRA(.TOR 71 9 10 0 11 104 I1_ 121 by OWNER 9 10 9 11 10 4 11 2 13 14 A° B RIX, UENFRN CONDITIONS 1910 S 11990 F DI 11 OM w = OF PORT COLLINS MODIPICAUCNS (RE%) 99) (this page lett blank intentionally) Kai EJCW bh NERU ( ONDITIONS 1910 811990 FDITIONI w/ C7 IY uF FORT C OLLINS MODDIC ATIONS (RE% 9 99) GENERAL CONDITIONS 1R1 IU F l DEFINITIONS Wherever used in these General Conditions or in th other ( ontrzct Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 11 Addenda Written or graphic instruments issued prior to the opemng of Bids which elanfv correct or change the Bidding Requirements or the Contract DOLUmentS l 3 9greement—Thc written contract between OWNER and CONTRACTOR covering the \4ork to be performed other Contract Documents are attached to the AgreTo rot and made a part thereof as provided therein 1 3 dpphcahon for Pajment—The form accepted by L'NGINFFR which is to be used by CON IRA( TOR in requesting progress or final pavments and which is to be aLcompamed by such supporting dOcnmeRtation as is required by the ( ontract Documents 1 4 dsb¢itos Any material that contams more than one percent asbestos and is triable or is releasing asbestos fibers into the air sbove current Diction levels established by the United States Occupational Safety and Health Jdmimstr ition I Bed —I he ofter or proposal of the bidder submitted on the prescribed form setting forth the prices for the tS ork to he performed 16 Bidding Documents fhe advertisement or invitation to Bid instructions to bidders the Bid form and the propescd Contract Documents (including all Vddenda Issued prior to ra,eeipt of Bids) 17 Bidding Regnnemente the ads ertisement or mvitanon to Bid instructions to bidders and the Bid form 1 8 Bonds—Pertormance and Pavment bonds and other instruments of security 19 Change (,der —A document recommended by ENGINEER which is signed by CONTRAC I OR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment m the (ontract Price or the Contract I Imes issued on or after the Effective Date of the Agreement 1 10 Contract Documentx The Agreement Addends (which pertam to the ( ontmet Documents) CONTRA(-.IORs Bid (including documentation acoompanving the Bid and tiny post Bid documentation submitted poor to the Notice of award) when attached as an oxhibit to the \greement, the Notice to Proceed the Bonds these General Conditions the Supplementary ( onditions, the Spooalications and the Drawings is the F]CDC ( FNERAL COIJDI TIONS 1910- (1990 E bt,.) wi(IIYOFFORT( OLIINSMODRI( STIONS(RIN 4 (100) same are more specifically identitted in the Agreement together with all Written Amendments ( hange Orders, W ork Change Directives Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs 3 s 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 616 and 627 and the reports and dmwn&s referred to in paragraphs 4 ^ 1 and 4 2 2 are not Contract Documents I It Contract Ptece The moneys payable by OWNFR to CONI RACTOR for completion of the Work m ucordance with the ( ontract Documents its stated in the Agreement (subject to the pro,istons of paragraph 119 1 in the case of that Price Work) l 1' ( ontract Times —The numbers of days or the dates stated in the Agreement (1) to achieve Substantial Completion and (it) to omplete the Work so that it is ready for Final payment as esidenced by ENCGINEERs written recommendation of final payment at accordance w ith paragraph 14 13 1 11 COVYRA( TOR The persons firm or corporation with whom OWNER has entered into the Agreement 114 (iefecove An adjective which when mcditbmg the word Work refers to Work that is unsatisfactory faulh or deficient in that it does not conform to th Convict Dauments, or does not meet the requirements of irw inspection. reference standard, test or approv if referred to in the ( ontract Documents or has been damaged prior to EN( INEERs recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substanu it ( ompletion in accordance with paragraph 14 8 or 14 10) I I , Dtmmngv The drawings which show the scope ement and character of the "ork to be furmshed and pertormed by CONTRACTOR and which have been prepared or approved by ENGINEER and are r fared to in the Contract Documents Shop drawings are not Driw rags as so defined 116 L(Tectne Date of fire Agreement The date mdtcand in the Agr anent on chi h It becomes if ctive but it no such date is Indicated it means the date on which the Agreement is signed and delivered by the last of thc two parties to sign and deliver 117 k%&1\EER lho person, firm or corporation named as such in the Agreement I Is EVGIVVEPRs Comadtant A person, tinn or corporrition hat ing a contract with ENOINEFR to furnish services as LNGINEERs independent professional associate or consultant with respect to the Project and who is Identified as such in the Supplementary ( onditions I IQ Fi Id Order —A written order issued by FN( INEER which orders minor changes in the Work in accordance with parigraph 9 o but which does nit my oh c a change in the ( ontract Price or the Contract Times 1 20 beneral Requirements —Sections of Dn iston I of the Specification 1 _1 Ha ardor, 46 aste—The tens Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act tat (TV Section 6003) as amended from tune to time 1 = a Taws and Requlahonv Laws a Regulanonv Any and all applicable laws, rules regulations, ordinances codes and orders of anv and all governmental bodies agencies, authorities andeourts having jurisdiction 122Is Lefal Ho_kdays shall be those holidays obsened by the( it, offort( olhns 1 _e Lrens hens charges securdv interests or encumbrances upon teal property or personal property 124 Vdeetone A principal event spLLILied in the Contract Documents relating to an mtennedrate completion date or time prior to Substantial ( ompletima of all the 66 ork i =5 Nonce of -hard A written notice by OWNLR to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified OWNER will sign and dt In er the Agreement 1 _6 �oft,e to Prraeed \ written notice given by OWNER to ( ONTRA( I OR (with a copy to EN(rrNFFR) Living the date on which the ( ontract Times will commencz to run and on which C ONTRA( 1 OR shall start to pertorm CONIRACTORS obligations under the ( ontmcl Documents 1 27 OR NPR The public body or authority corporation, association, firm or perscm with whom ( Os TRACTOR has entered into the Agreement and for whom the W ork is to be provided 1 _8 Partial Ctilr aeon Uso by OWNER at a sulntantially completed part )t the Work for the purpose tot which it is intended (or a related purpose) prior to Substanu il (onaphbon of al] the Work 1 20 PCBe—Polychlorinated biphcm Is 1 30 T etrol, tun Petroleum including crude oil or any traction thcrcot which is liquid at standard conditions of temp riture and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch ibsulute) such as oil petrol um fuel oil oil sludge oil refuse gasoline kerosene and oil mixed with other non llazardous Wastes and crude oils 1 31 Project—Phe total construction of which the Work to be prat Lded under the Contract Documents may be the whole or a part as indicated elsewhere in the ( ontract Documents 13_1 Radtoacnte Vatenal Sour e spew it nuetcar or byproduct mates it is detined by the Atomic Encrgy Act of FAD(, G]FTRUC01sT) IO*is19[m8119%FNnam w 0 rY OF FORT( OLLINS MODIFICATIONS niLV 1L 0001 1054 (4'_US( Sechon 1011 at seq) as amended from time b time 1 b R ¢ dar ll ork,¢ Hours- Regular working hours are defined as 700am to 600pm unless otherwise specked in the Gen ral Re u�is 1 33 R"ident Project Representative —The allthonzed representative of ENC]NEER who may be asst,ned to the site or any part thereof 1 34 Samplev—Phy steal examples of materials equipment or workmanship that are representatne of some portion of the Work and which establish the standards by which such portion of the Woik will be ludEed 1 3s %hop Drnwmgs All drawings, diagrams illustrations, schedules and other clala or intonation which are specifically prepared or assembler) by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Wort. 1 n6 Specifications —Those portions of the (ontract Documents consisting of written technical descriptions of matengls, equipment construction sy stems, st mdards and workmanship as applied to the Work and certain idminrstrauve details applicable thereto 1 37 Subcontractor An individual fine or, wr notion having a direct contract with (ON r R V f OR ur with any Other Subcontractor for the performance of a part of the W ork at the site 135 Sidbstatnal Completion the Work (or a speutted part thereof) has progressed to the point where in the opinion of FNGINEER as evict need by t V ANELRs detuutivc certificate of Substantial ( ompletioq it is sufficientl} complete in accordance with the ( ontract Documents so that the Work (or speufied part) can be utilized for the purposes for which it is mtendod or it no such certificate is issued, when the Work is complete and r ady for final piynint is evidenced by FNGINEFRs written recommendation of final payment in accordance with paragraph 14 13 The terms substantialty complete and substaually completed as applied to all or part of the W ork refer to Substann il ( omptchon ther of 1 39 Supplementary Conditions —the part of the (ontract Documents which maends or supplements these (Teneral Condtions 1 qu Supph r A manufacturer fabricator supplier distributor matertalman or vendor hay mg a direct contract with (.ONTRA('rOR or with any Subcontractor to turmsh materials or equipment to be moarporated in the Work by CONTRACTOR or env Subcontractor 1 41 T ndergroemd PacddM—All ptpelmes, conduits ducts cables wires, manholes vaults tanks tunnels or oth r such tacihtics or attach, its, and any em ascmonts containing such facdtnes which have been installed underground to furnish any of the following services or IN WITNESS WHEREOF the Principal and the Surety have hereunto set their hands and seals this 6th day of March 20_p8and 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 SURETY Name Northslar Concrete Inc Inland Insurance Company Address PC Box Y PO Box 80468 Berthoud CO 805 5 Lincoln NE 68501 By By Title T {%j��i EfL)T" Title Penn R Burkard Attorney in Fact ATTESTI By (SEAL) (SEAL) Rev 10/20/07 Section 00410 Page 3 materials electricity gases, steam liquid petroleum products telephone or other communications cable television sewage an(] drainage rem mal traffic or other control Sy stems or water 1 4_ LIW PAvice If ork-" ork to be paid for on the basis of unit prices 14 Ifork The entire completed construction or the %arious separatelv identifiable parts thereof required to he furnished under the ( ontract Documents Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction and performing or furnishing services and furnishing documents all as required by the ( ontract Documents 1 44 Work ( hange Duechue-A written directne to ( OATRA( TOR issued on or after the Effective Date of tho Agreement and signed by OWNER and recommended by hNGINEER ordering an addition deletion or ret ision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed is provided in paragraph 4 _ or 43 or to emergencies under paragraph b _3 A W ork ( hange Directn e will not change the ( ontract Price or the Contract limes, but is e%idence that the parties eepect that the chuite directed or documented by a Work Change Dir ctive will be incorporated in a subsequentb issued ( hange Order follow ng nebotintions by the parties as to its effect, if any on the (ontract Price or ( ontract Tunes ins pro% Ided in paragraph 10 ^_ 14, Tf-ritlen Amendment 1 written amendment of the ( ontract Documents signed by OWNER and ( ONTRA(I OR on or after the Effective Date of the agreement and normally dealing with the nonengmeering or nontechnical rather than strtetly construction related aspects of the Contract Documents ARTICI F 2 PRELIMINARY MATTERS Dehitry o%Bonds -1 When (ONTRA(IOR dehvers the xu,uted ageements to OWNER COA-TRACTOR shall also deliver to OWNFR such Bonds is ( ON IRACTOR msy bo nquued to turrush in accordance with paragraph 1 ( olnee of Documents 2 OWNER shall tarnish to COIF I RECTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the ( ontract Documents as sire reasonably necessary for the execution of the W ork Additional copies will be turmshed. upon request at the cost of reproduction CommencenremofContract Trmcv Aohceto Proceed 23 The ( ontract Tunes will commcnu, to can on the thirtieth da% nfier the EtTeWve Date of the Agcement or EICDI GEMR11 CONDITIONS19108(1990Edt,.) A( I R OF FOR I (OLLINN MODIFI( %Ti)NS (may 4 (100) if a Notice to Proceed is grwn on the day ndcuted in the Nonce to Proceed A Notice to Proceed ma) he given at any time within thirty (lays after the Eflcotive Date of the Agreement, in as event -_ bommeme to runt latef flies the d' , after th, .1— of Bid opcvnngeHhe thniteFh-day-nn.._ h_ ntTus jwe-Date offhe Agreement-wh.i he,erdlaie isember Starting the Work 4 CONTRACTOR shall start to perform the Work on the date when the (,ontract Times commence to run but no Work shall be done at the site [)nor to the date on which the ( ontract I imes commence to run Before Varting ( onstra(lion 2� Before undertaking each part of the Work ( ON1 RACTOR shall carefully study and compare the Contract Documents urd check and %erify pertncm figures shown theruon and all applicable field measurements ( ONIRACIOR shall promptly report in writing to EN(ANEER -iny conflict, error ambiguit% or discrepancy which (ONTRACI OR ma% discm er and shall obtain a wntten interpretation or clanlication from EN(ANEER before proceeding with an} Work aftected thereby however CONI RA( TOR shall not be liable to OWNER or ENGINEER for tadureto report any conflict error ambiguitv or discrepancy in the Gontrict Documents, unless CONIRA(TOR knew or reasonably should have known thereof 3 b W ithm ten (lays after the Effective D ite of the Agreement (unless otherwise specified in tho ( eneral Requirements) CON TRA( TOR shall submit to EN( INEFR for review 6 1 a prelimmery progress schedule indicating the times (numbers ( i days or dates) for starting and completing the various stages of the Work including an% Milestones specified m the Contract Documents 6 ^_ a preliminary schedule of Shop Dmwmg and Sample submittals wtuch will list each required submittal and the times for submitting re%lew ing and pro(essmg such submitH 3 6- I In no case will a schedule be Icceotable which allows less than ..1 cdendar days for each re%rew by Engineer b3 a prclimmar% schedule of values for ill of the Work which w ill include quantities and prices of Items atgrcgatmg the Contract Price and will subdivide the Work into component parts in sufficient detail to sere as the basis to progress payments dung construction Such prices will include an appropriate amount of o%erhead and profit apphcsble to each item of Work 27 Before any Work at the site is started CONTRA( TOR a..,'d OA. .ten shall each dchwr to the other OWNER with copies to each- additional msured alcnlrl iod} the 6urrkrmemf irv-Pondittons ENtrINEER, certificates of insurance (and other evidence of insurance west restia ted by OWNER) which ( ON I R ACTOR is required to purchase and maintain in accordance with paragraphs S 4—S trand} 7 Precomtruction Conference 2 8 W ithm twenty dav%after the Contract I Imes start to run, but before an} Work at th site is started a conference attended by ( ONT RACTOR ENC WEER and others as rppropnste will be held in estahllsh a workmg understandml, among the parties as to the Work and to dISLUSS the schedules referred to in paragraph 2 6 procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records Indialtv 4ccepkable Schedules 29 Lnless otherwise prodded in the Contract Docum tits aHeastrde`eyubnyyylen ofthe-test GmL....« ,.., v... o....... rr ter. before ant work at the site beeins, I conference attended by CONTRACTOR, ENGINELR and others as appropriate designated by OWNER, will be held to review for acceptability to EN(TINLFR as provided below the schedules submitted in accordance with par agraph 16 and Division I uenerat R uirements COO IRAC TOR shall hm a an additionat ten days to make corrections and adjustments and to complete and resubmit the schedules No progress paiment shall be made to ( ONT RACTOR until the schedules are submitted to and acceptable to FNUINFFR as provided below The progress schedule will be acceptable to ENCINLER as provmhng in orderh progression of the Work to completion within anv specified Milestones and the ( ontract runes but such acceptance will neither wpose on LNUINEER responsibility for the sequencmg, schedulmg or progress of the Work nor interfere with or reheve CONTRACTOR from CONTRACTORS full nsponsibihty therefor CONTRACTOR% schedule of Shop Drawing and bample submissions will be accepmblo to FNGINFER as providing a workable arrangement for reviewing and processing the required submittals ( ONTRACTORs uLhedtlk of values will be acceptable, to Fig( INFFR n to form and substance AR1 K LE 3 -CONTRA( T DOC UM FLATS INT N NT AMENDIN(, REUSE Intent 31 The ( ontract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary what is called for bw one is as bindla6 as if called for by all The Contract Documents; will be construLd in accordance with the law of the place of the Project 3' It is the latent of the ( ontract Documents to FA DC CHNERAI CONDITIONS 1910 811990 Edm xn I CIIYOFFORT (rmLLINS MODIFICATIONS (RFb 4 1000) describe a tunenonally complete Project (or part thereof) to be constructed inaccordance with the ( ontract Documents Anv W ork materials or quipmLnt that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the mtended result will bo furmshed and Performed whether or not specifically called for When words or phrases which have a well known technical or construction indusiry or trade meaning are used to describe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning C lanfications and interpretations of the ( ontract Documents shall be issued by FN(ANFE_R as pro%ided in paragraph 9 4 33 Reference to Srandara6 and Spectficanrma of Technical Soeienev Reporting and Revolving Discrepancies 331 Rcferenee to standards sped atuom manuals or codes of ry technical society organvation or association, or to the Laws or hegulauons of any govLarmental authority whether such reterenoe be specific or by inmphcatlon, shall mean the latest standard specification, manual code or Laws or Regulations in effect at the time of opening of Bids for on the Effective Date of the Agreement it there weze no Bids) except as may be otherwise specifically %tatcd in tho Contract Documents , m_ It during the performance of the Wcrk C ONT RAC T OR discoi ers any conflict, error ambiguity or chscrepanci within the ( ontract Documents or between the Contract Documents and any provision of my such law nr Regulation applicable to the performance of the Work or of any such standard specification manual or code or of any instruction of any Supplier referred to in paragraph 6 t ( ONTRACTOR shall report it to ENULNEER in writing at once and CONTRACTOR shalt not proceed with thL Work ifteeted threbv (escept in an Lmergeney as authonzed by parayaph o'_3) until an amendment or supplement to the Contract Documents has heen rs%aed bs one of the methods indicated in paragraph S or 3 6 provided however that CONTRA( TOR shall not be bible to OWNER or FNWNFER for failure to report any such conflict nor ambiguity or discrepancy unless C OATRA( TOR knew or rLisonabh should have (mown thereof 3 33 EvLept as otherwise speufiwlly stated in the ( ontract Documents or as may be pros uled by Intendment or supplement thereto issued by me of tho methods indicated in paragraph 3 � or 30 the Provisions of the (ontract Documents shall take precedence in resolving any conflict error ambiguity or discrepancy between the proi isions of the ( ontract Documents ind 3 3 3 1 the provisions of any such standard specification manual code or instruction pehether or not spccttreally incorporated by reterLnce in the Contract Documonts) a 3 3 3 2 die provisions of anv such Laws or Regulations applicable to the performance of the Work (unless such an mterpretation of the provisions of the Contract Documents would result an violation of such Law or Regulation) No proetsion of am such standard, speuhcauon manual code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their subcontmctors consultants agents or employees from those set forth in the Contract Documents. nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duce or authority to undertake responsibility inconsistent with the provisions of paragraph 9 1 , or any other prov isron of the ( ontract Documents 3 4 Whenever in the Contract Documents the terms as ordered as directed as required as allowed as approved or terms of like effect or unport ere used, or the adjectnes reasonable suitable acceptable proper or sat sfactory or adjectives of like effect or import are used to describe a requirement direction, review or judgment of ENGINEER as to the fork it is intended that such requirement direction, rev few or judgment will be solely to Lv dutite m general the ompleted Rork for comphancc with the requirements of and information in the Contract Documents and conformance with the dLS1tn concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a spccdic statement indicating otherwise) The use of my such term or adjective shale not be effects e to assign to hN UINEER my duty or authonty to supervise or direct the fumishmg or perfoimanee of the Work or my duty or authority to undertake responsibility contrary in the proe isron of paragraph 9 13 or my other provision of the Contr cot Documents Anienrhng and Supplementing COntraLl Documents 3 s The (,ontract Douuments mac be amended to pro%ide for additions deletion and revisions in the Work or to moddy the terms and condition thereof in one of more of the follow mg ways S 1 a formal Fl ntten Amendment, i _ a Ch age Order rpursu mt to paragraph I 4) or EICDC GENERAr CO VDITIONS 1910-8 (1990 Fd li no w ( I IY OF FORT COI I INS NIODIFICATICNb (RN420001 3 s 3 a Work ( hange Directive (pursuant to paragraph to 1) 3 o to addmom the requirements of the ( ontract Documents may be supplemented and minor vanations and deviations in the W ork may be authorized in one or more of the follow mg wigs 36 1 A H ield Order (pursuant to paragraph o s) 3 6 2 ElsGINFERa approval of a Shop Drawing or bample(pursuant to paragraphs 626 and 617) or 363 FNG INELRs written ant rpretahon or clarification (pursuant to paragraph 9 4) Reuve ojDociiments 3 7 CON l R ACTOR and anv %Ix.onh aUca- or Supplier or other person or orgam©lion performing or furnishing any of the Work under a direct or Indirect contract with OWNER (t) shall not have or acquire any fill, to or ownership tights many of thL Drawings, Specifications or other documents (or coplcs of any thereof) prepared by or bearing the seal of ENGINEER or ENC,FNEERs Consultant and (it) shall not reuse my of such Drawmgs Specifications other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specdtn written y ert6cation or adaptation by LN( tNELR Al? IICI F4 AVAILABII IIY ON I MDS SLBSIJRFACE AND PRt SICAI CONDITIONS RFFERENCE POINTS 4vadabihry ojLands 4 1 OWNER shall furmsls as indicated in the Contract Documents the lands upon which the Vrork is to be perforined rightsof way and casements for access thereto and such other lands which ire design tied for the use of CON I RACTOR 011 NE giving ng n—Mid neti hiffig B fliseeliBrOcS lies agHip9t sus UWNF,R shall idznuh any encumbrances or restnclion not of general application but specifically related to use of lands so furnished with which ( ONI RACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in eststmg facilities will he obamed and paid for by OWNI P unless otherwise prm ided in the ( ontract Documents It CONIRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as t result of anv dolay in OWNERS furnishing these lands rights-ot way or easerments, CONTRACTOR may map.., a clams therefor as provldLd in Articles I and 1 ( (A'l FACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storag of materials and equipment 42 Subsurface and Physical( onrhtrons 42 1 Reports and Drarwngs Reference is made to the Supplementary Conditions for idenutication of 41_ 1 1 Subsurface Conditions Thos reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by btu( 1NLhR in preparing the ( ontract Documents and 4'_ 12 Plnsical ( ondmons those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous m the Site (e�ccpt Underground Eacihtles) that have been utilized by FNGINEER in preparing the ( ontract Documents 42 ' Limited Reliance by C0bl7?4CR)R 4uthon ed lechmcal Data ( ONTRACTOR may rely upon the general aceuML% of the teehmcal data confirmed in such reports and drawings but such reports and draw rags -ire not Contract Documents Such technical data is identified in the Supplementary ( onditions Except for such reliance on such teChnical data CON tRACTOR may not rely upon or make any clatrn agamst OwNFR, hNUINEER or am of FN.INFFR s ( onsultams w nh respect to 42 2 1 the completeness of such reports and draw rags for ( ONTRA( TORS purposes including but not limited to any aspects of the means methods techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto or 4222 other data int rpretations opinions and information contamed in su h reports or shown or indicated in such drawings or 4 _ 2 3 any CONTRACTOR interpoutanon of or conclusion drawn from any technical data nr any such data interpretations Opinions or infomiation 4 Notice of D:fjeiag Substurace of Physical Comhhons It CONTRACTOR believe that any subsurfa e or physical oond)non at or contiguous to the site that Is uncovered or ref ealed either 4- 11 Is of such a nature as to establish that any technical data on which CON CRACI OR Is entitled to rely as provided in paragraphs 4 2 1 and 4 _ 2 Is m itenally Maecurate or 4' 3 _ Is of such a nature as to require a change in the ( ontract Documents or 4 - 3 3 difters materially Gom that shown or EICDC GENFR AI (-ONDITTOVS i91 o 8 u 990 F hta, ) w/CIIYOFFORI COLLINS MODItICATIONS(RIX 4n0e0) indicated in the Contract Documents, or 4234 as of an unusual nature and differs materially from conditions ordmanly encountered and generally recogrized as inherent in work of the character provided for M the Contract Documents then ( ONTRAC TOR shall pretnpfly )mmedi items after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergencv as Permitted by paragraph 6_3) wnh OWNER and FNGNFFR in writing about such condition C ONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 4-4 FNC,I NEFR , Revielr FN(r[NFLR will promptly review the pertinent conditions determint the necessrtv of OWN LRa obtaining addnonal exploration or tests with respect thereto end advise OWNER in writing (with a copy to CONTRACTOR) of EM TNEERs findings and conclusions 4-5 Passible Contract Docianents Change It bNGNEER concludes that a charkLe in the ( ontract Documents is required as a result of a condition that meets one or Marc of the eatcgoncs in paragr iph 4 2 3 a Work Change Directive or a Change Order will he issued as provided in Article 10 to reflect and document the consequences of such change 426 1Osvible Price and Times 1dusan nts An equitable adjustment in the Contract Price or in the ( ontract I )mes or both will he allowed to the extent that the existence of such uncovered or revealed condition causes an Increase or decrease M ( ONTRA( TORs cost of or time required lot pertomtance of the lbork subject however to the following 426 1 such condition must meet ury one or more of the cRegones descnbcd in 1wMgpiphs 4 2 3 1 through 4_ 3 4 Mclusne 4 2 o - a ehinge in the Contract Documents pursuant to paragraph 4 2 S will not be in autom itic authorization of nor a condnron prewdentto entidemcnt to anv such adjustment 4 _ 6 3 with rCTLIL to Work that is paid for on 1 L cot Price Basis am, idjustment in Contract Price will to subject to the provisions of paragriphs 9 10 ind 119 and 4 2 6 4 ( ONTRAC.TOR shall not be entitled to am adjustment at the Contract Price or Times if 42641 CONrRA(,rOR knew of the existence of such conditions at the time CONTRACTOR made a final ommitment to OWNER in respect of Contract Pric and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract or 42(,42 the existence of such condition could reasonably have been discovered or revealed as a result of -iny examination, investigation exploration test or study of the site and contiguous areas required bs the Bidding Requirements or C ontract Documents to he unductcd by or for CONTRACTOR prior to CONTRA(LORs maker, such final commitment or 42643 CONTRACTOR tailed to gore the written notice within the time and its required by puagraph 4'_ � It OWNER and CONTRA( FOR are unable to agree on entltlemcnt to or as to the amount or length of any such equitable idjusunent in the Contract Price or Contract Iames a claim may be made therefor as provided in 4rticl s I l and 1_ However UWNER ENGINEER and FNGNLLRs Consultants sMll not be liable to CONTRA( IOR for any claims casts losses or damages sustained by CONTRACTOR on or in connection with rm other project or anticipated project 43 P Istcal Conthhons—( nderground Favihhes 43 1 l)iwien or Indcated The atormation and data shown or mdimted in the ( ontract Documents with respect to existing underground Facilities at or contiguous to the site is based on information and data turmshed to OWNLR or FNCNTER by the owners of such F Inderground Facilities or by others Unless it is 'therwise expread) provided in the Supplmwn8iry ( onditions 43 11 OWNER and ENGINEER shall not be r sponsible for the ac ur u) or compl loness of any such information or data and 4 3 1 2 The tout of all of the followme will be included in the Contract Price and CONTRNC I OR shall hav full responsibilrri t it (a) rev aew mt ind checkmg all such arfonnntion and data, (it) heating all Underground Facilities shown or inohealed in the Cc mis et Documents I m) coerdinanon of the YN ork with the owners of such t nderground Facilities during construction and (n)the safety and protection of all such Underground Facrhttes is provided in paragriph620 and repairing anv damage thereto resulting from the R ork 43 _ Aot Nhown or Inchcaied It an Underground I awhty Is uncovered or revealed at or contiguous to the site which was not shown or indicated in the ( ontract Documents ( ON f RACTOR shall promptly ammediately after becomm6 mvare thereof and betoae turiher disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragrapht,23) identify the owner of such Underground Fatality and FJCDC CFNERA cDNDITIOM 1910911990 Tdt,anI w ('ITV OP tORT t OH INS MODIPIt ATIONS (RPt 4 000) give written notice to that owner and to OW NFR and F1\61NEER FNGNEER will promptly review the I nderground Facility and determine the xtent it any to which a change is required in the ( ontract Documents to reflect and document the consequences of the existence of the Underground F imhty, It FNGNEER concludes that a change in the C ontract Documents is required, a W ork Change Dff dive or a ( hange Order w III he issued as provided in Article 10 to reflect and document such consequences During such tun CONTRACTOR shill be responsible for the safety and protection of such underground Facility Ts provided in pragmph 610 ( 0N1 R-V TOR shall may be allowed an Increase in the ( ontmct Prue or an extension of the ( ontract 1 mies, or both to the extent that they are Air butable to the existence of any Underground Facdn3 thit wts not shown or Indicated in the Contract Documents tnd that ( ONTRAC 1 OR did not know of and could not reasonably hav e been expected to b aware of or to have anticipated it OW NFR end CONTRACTOR me unable to agree on entitlement to or the amount or Icr,th of any such adjustment in Contract Pnee or Contract fames CON RACTOR may make a clam therefor as provided in Articles I 1 and 12 Howev er UWNER ENGINEER and ENCUNEERs ( onsultants shall not be liable to ( ONTRAC FOR for any claims, exits, losses or damages incurred or sustained by CONTRACTOR on or in connection u ith any other project or anticipated project Reference Pointe 44 OWNER shall provide enemeenng urveys to establish reference points for construction which in I NCNEERs judgment are necessary to enable ( ONTRAC 1 OR to proceed with the Work ( ONTRA(1 OR shall be responsible for living out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGNFFR whenever snv refer nee point is lost or destroyed or requires relocation bee4usa of necesary changes in grades or locations and shall he responsible for the accurate replacement or relocation of such ref once points by prof ssionally qualified personnel 4 S asbestos PCBs Petroleum Ha douc Waste or Radioactive Vatenal 4 s 1 OWNER shall be responsible for my Asbestos R Rs Petroleum lfamrdous W isle or Radioaetiva Matenal uncovered or revealed at the site which was not shown or indicated in Driwangs or Speclficatlom or identified in the Contract Documents to be within the scope of the Work ind which may present a substantial Lb%er to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by (ONTRACTOR Lsubcontrietors Suppliers or armone else for whom CONTRACTOR is responsible ..meetad .a_^i. 5 (&;�ept in an emergency .a L. paragraph 029s and (it) notitki 0al's T'n d o vN(An cL(and therea feet ssL -6v ., t-uig)�-0k','44FR shall prey �,.-:.,m�.�r•L ,-" "' FNbE;{F�onee�ng-Elie necessHy-€or O,W' MR to retain ^ qua! fiede- aluate such L. mr,l .. ^ andoam or C-ONT-RAC. I6 „' -L. _• • L- rcqu .. • ram„-- _.- l6ork sieomeCtwftrwah such uoadrt�n-ant im L ^ire .ire ^unt-Iafter nun k o has obtained airy regoaed rdaie}at-' .L�, ..-I dehreredko <-ONT-R WTO> re-'n I .98ie for th..,e rya_, _purr-�r`.o.:_" or bt3 Which c.^ .^L th o..m rt�enmf-� adjustment it oily in Work is �-(4 TRAC-TOR-to-be;�Q either m 4 as n BRIE,--.... therefor r ..._.,..... If ^ subL ct�erro.nTno esfl _.^...ire specialo F�q me Rich war4l conditions -then n(c�rcu may ^.arc ,..^-pnrtim o curid.F.�h of — • d, .-_ ' to he deleted from tltz 11 orIF rf nit n PR and r ran R/tC'TQR-,mnoh L- ad-tare, In, Contract Pnc� tt Fames as -a resalF: r a .•._- sue# -portion o€ jb,3. L,,.- then either Pam, May make a slims theretaF as provided in Attie -v�d }2-03A N[6R maq-have-such ed peftion ..f the . ..a.6._.-.1 torLesexathurs-irtacec•' .^^ .ith °�_' owmieghgmtn .1 a red PfOki ... .f t to—dea'_ ft— ir� Hazardous Waste -on Radioactive, 14m,,rial unLOVv,,d or revealed t the 'us EJCDC CFNFRN. CONIATIOsis 1910 8 (1990 Eat rat a/(IIY( F IORI(OLLINS MODIII( ATIONs (RLV4 000) %R IICI F 9 BONUS UND INST RA I Performance Pa3memand Other Bands 5 1 ( ONTRACTOR shall famish Performance and Pa} nt nt Bonds each in an amount at least Lqual to the ( ontract Price as security for the faithful performance and payment of all CONFRACTORs obligations under the C( ntraet Documents ThesC Bonds shall remain in effect at least until one tear after the date when final payment become due except as provided otherwise he Laws or R gulations or bs the ( ontnet Documents ( ON 1 RACTOR shall also famish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the fLrm prescribed by the ( ontract DoLuments except as pros ided otherwise by Laws or Regulations and shall be executed be such sureties as are named in the current list of (onsMmes Holding Certiheat s of authority as Acceptable Sureties on Federal Bands and as Acceptable Remsunng Companies as published in C in,ular 57o (amendedi bs the Audit Stab Bureau of ( osernment Financial Operations, L S rreasury Department -VI Bonds signed by an agent must be iccompamed by a Certified cupv of such agents authority to dU 52 It the Buret} on am Bond furnished by C ONTRA( IOR is declared a bankrupt or beLomes msohent or its right to do business is terminated in am state where any part of the Project is located or it ceases to meet the requirements of paragraph s I ( ONI RAC I OR shall within ten days thereesiffer substitute another Bond and surety both of which must he acceptable to OWNF R �3 Licensed sureties and Insurers ( ernfmates of Insurance 5 3 1 All Bonds and insurance required be the Contract Documents to be purchasLd and maintained by OWNER or CONTRVCTOR shall b obtained from surCq or nsuranct compames that arc club, hLensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coo erag s so required Such surety and insumnLe Lompames shall also meet Such additional requirements and qualifications is mac be provided in the SupplLmentary Conditions 5 32 CON 1 RACTOR shall deliver to Ow NER lath Copies to LaLh additional insured id ratified in the Supplementary Conditions LemfiLates of insurance (and other LoidLnce of insurance requested bs OWNER or any other additional insured) which ( ONTRACI OR is required to purchase ind maintim in accordance with paragraph s4 OWNER shall additioneII insured identified in the Sit pkmc�ar}• -.. na. -rtlfi at-q of nsiFmG1 (and other widentse require(i-te purchase-and-nxantam-in- urdarc@ with paragraphs -(-and S 7 her col- CONTRACTOR s I iabaity Insurance 14 ( ON IRA( l OR shall purchase and maintain such liability and other uvsurince as is appropriate for the Work being performrd and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTORs performance and furnishing of the Wort. and CONrRACiORs other obligations under the Contract Documents whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier or by anyone dvectly or indirectly emploved by any of them In perform or furnish any of the (4 ork or by any one for whose acts am of them may be liable s 4 1 cleans under workers compensation disability benefits and other similar employee benefit acts s 42 dauns tot damages because of bodily mjury occupational sickness or disease or death of ( ON 1 RAM OR s employ ees 5 4 3 clans tot damages because of bodLh injury sickness or disease or death of am person other than CONTRA(_TORs mployees L 1. bstamed mdirectly- loved -to the-rmph yment gf�ush person by ( ON R A( 9no / _ other-reaseat � 45 clauns for damages other than to the i4ork Itself because of mjury to or destruction of tangible property wherever located Including loss of use resulting therefrom and � 46 clamis for damages because of bodily injun or death of any person or property damage arlsim` out of the ownership maintenance or use of any motor v ehtcle the pollcies of Insurance so required by this paragraph S 4 to be purchased and maintained shall � 4 7 with respect to Insurance required by paragraphs 1 4 3 through 5 4 o mclusw e and s 4 9 include as additional Insureds (subject to anv customary exclusion In respect of professional Ilabihty) OWNER ENGINEER E"K INEERs ( onssultants and any other persons or entities identified n the Supplemcntary Conditions all of whom shall IN, listed as additional insureds and include coverage for the respective officers and employees of all such additional insureds � 4 8 include the Specific coverages and be written for not less than the limits of liability provided in the Supplementan Conditions or required by Iaws or Regulations whichever is great r s 4 q include ornpleted operations insuraneo FICDC CLNER 4I. CONDIUONS 191 a 8 i 1990 FrGt,a, I C1 IN OF War ( OLLINS MODU R VFIONS(M 4 20011) 5 410 include contractual habihty insurance covering CONIRACIORs indemnity obligations under paragraphs 6 12 o 16 and 6 31 through 6 3 5 411 comam a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal retused until it 1 air thirty days prior written notice has been gn en to Ol4NT:R and ( ON CRA( I OR and to each other additional insured Identified in the Supplementary ( onditions to whom a certificate of Insurance has been Issued (and the certificates of Insurance furnished by the ( ONTRA( TOR pursuant to paragraph S 3 ^ will so provide) s 4 12 remain in offect at least until final payment and at all times thereafter when ( ONi RACTOR may be correcting removing or replacing d%cnve VAork In accordance with paragraph 13 12 and 5413 with respect to completed operations insurancL and am, insurance coverage wrnmr on a claims made basis, remain In effect for at least two years after final pavment (and ( O'N [RAC 1 OR shall furrush OWNER and each other iddltional msur d identified in the Supplementary ( onditions to whom a certificate of Insurance has been Issued cadence satisfactory to OWNER and my such additional insured of continu Ilion of such in urance at final payment and one year theresftcr) WFAE,R v Ltabebty Insurance 5 , In addition to ursurance required to be provided by C ONTRA( i OR under fxuagraph 5 4 OgNTR it ORNFRs option, may purchase and mamtim u OWNERS expense OWNLRs own lialbalm insurance as will protect OWNER against claims which may ame from operations under the ( ontract Documents Property Insurance >6-I MA j. file of oowNER c rnN R t OR, SUNI)HRIC1111 €J ( CNGFI!, s . s of each eFwhom-is clee�c„a,vzinsurabfe-trite eest and-shelFkzllstad-es nfcuLsarade mkhtairma rvared- v &-2- be-w'rttten-e Bu lder's RysIF alFfni, � termmtmss•L••• ,he)' rut le. and -Work inTransttanrf shall-mwrr against at�east Ih�Cotlewrrig—txrds Cue lightning e)aemied -e ode or feplacemo,.00fargns:.redpreperty taIcludurg-butnet � t£eets) o a orata,:cri,L� JmtEw,ns agreed ta-m-wnt, -by AWN1FP,p.�.. ..tag_+ n the Wed F.,00deJJ in aiTApphcafimr, for PaymerA .ommemizd bV pA, X;1D>i-R-a madz- ,s ekherwtse Ngee d to in writing-bv wii/ lrD DncTof d .mwit .L ti matlrCd tflni tmvnrs-cc'' ''ftik�ca'w-vra«aIBP.". Lcc-rcarocc_ L .n slued PW?TFa L_J Y end L.. as ma-, be requited by dii, _ La D S nano➢ rnn Tun _ FhJE WEER Ponsuhant� - )ther,pzrserLscx ent#tas Jentit .A ...L.. C 1, ideetned tPhaNe$niflSUn bk-tiaereq Hnd mrrz�ie itstoil a9 sninsureder addrgonaf msured •^ "g AtFdiC-tkiLiOiea HtinStlERftee taflt diC EYtHhOHLeStiF otherrwde..s,. •L. rcm".fl required- Ea he pwvfiti,ad and ..ed b n11TTD .. ..�.1......� .L and ^,7 nlam a provis m 11HAdBPJLIrIC •nr-hat the the Changed or rertewatrrtused a£ 1ePxr4.;rrty-,,1ays-pnnr written net ee has 0('PTT and to eHuh ether additional ni�iufed to _. J OWNER shall not be responsible tot pun.hasmg Ind mamLammg anv property insurance to protect the interests of CON I RACTOR Suhcontractors or others to eeaemge wtkhmr & limits of such-amouras each av pnrcbase4lad Itu..,.,.aa,tat the purchesetsown xtp ke a-4t1 lf4-Oid1YQ^a--,OI; requests-m writing -that other tbe ud..A in the PISSPEM !�thereot wt41-b�harged4o-C, )NTDAcTO , Change Order -or A4atten to 10 rXDC CDNP" R AlAI CODITI ONS 1910,l 911990 CNo, w CRIYOI rORT COLLINS MODjtC 4TIONSMIVJ 000) H— 2 OR _ F,;,Qthut-aFl poketes pure iaseda . -.�corda.�, , with pBr i o anate.. �.„.ti.,r, s,ran� 3uhce%raetors £�6k} -6RR EN(A dFFRF f ontatkantserRF all-odwf-pClS mom, an ties Identified , tneairtdr,Y-addfnoral-„ea edm sudh pelmesand will prevtd&-ffmmry ceverage-tor -11lesmq and clamages Gausad-by tL. p RJ .L_Oh "` -- -,tes skak-ci>ntatn pr s:,;m;.;io theetywt quit In .l'.c� ....fir. .0 pnYm2ntof ajnqi _,J ObVWItR nd-t, FkAll wmee-ttfl-nghts &064017Sand damag�aa��bp arising-ouk .,r'�---,-�ttrtg `�- ,.C.L_ _ QflV k3sseshtnd dafHagas Ccaused 4, o e Of£''w-'Jab�ove m iking such wat ahoy ha.v�Rr•L, prvcc�ot In5l1ran62-hrtd-Fw (AAq1lPk aStrast2 OtheP#t"0.' so Issued -1 1 1 In addtt�—G I JT+R--waives akl--rights L4"dGLTd,D- --�"" GFA£ER'� Corisd4tanEs and o th on for s-1-1-=1—.o^,i�ta ba.�;as:r-o.6�pkts:c be)Md-daect ph;tcatl-JeSa or� 8F or eih w peril Whether orro,,mined -14 I _trffi fire ,._ _.L d pffil coa ere umpl.....1 D.. ..� p..� .L_. QWslRl Fffragdnrxgpart.m• attk�usnpur,ueat [e aph444W at F Sub anttal complenan pufstant-to peraeXeph44 R-ar-aft ar firial-fmanen£ . _L 1 A 1 p�„'rr ,..., .. ,, s.. ,llm c SLY.. SeVOR in the-eve:'f—ofel any such --Loss damag,or .onscquerHrul loss-Ehe-insurer,-wild have --no rl&s o€ TqcIP'IFEn n CIr c ._. _ Receipt and 4ppheation oflnsurance Proceeds 112 Anw Insured loss under the policies of insurance required b% paragraphs � 6 and � 7 will be adjusted with OWNER and made pay able to OWNFR as fiduciary for the insureds as their interests may appear subject to the rLquiremunts of any applicable mortgage clause and of paragraph s 13 OWNER shall deposit in a separate ICLounl any money so recened, and shall distribute It in accordance with such agreement as the parties in interest maw reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the ost thereof cot ered by an appropriate ( hange Order or Written Amendruent 0 13 OWhFR as fiduetan shall hale power to adjust and settle any loss with the Insurers unless one of the parties in interLSt shall object in writing within fifteen ddvs ifter the oucunence of loss to OWNFRs exercise of this power It such objection be made OWNER is fiduaan shall m ikL settlement with fit insurers in accordance w ith such agreement as the parties in interest in iv reach II no such agreement among the parties in interest is reached OWNER as fiduciary shall rdjust and settle the loss with the insurers mteresE 4:A NFR-es- fa#ueHHy -,sHalll gwze v)nna -fer tkre 4eLeptance ofBondv and Insurance Option to Replace 5 14 11 either Van% 4OWNPI -($ FON-I RA(�-TOR1 OWNER has any objection to the coserage afforded by or other provisions of the Pend, a Insurance required to be purch lsed and maintained by the othaff par4v (ON1 RA( TO in accordance with Article ) on the basts of nonconformance with lhu Contract Documents the OWNER well OWN CONTRA,TOR in corning within ten fifG.un dais after reewpt delivery of the certifi,ates. (IF Ofi .,�-„ll regeestedy to OWNER as required by paragraph _ 7 m�ronE2 Party do-, not pi F PF-' "I "I as the ogle, Ramr ts-,onabl- request if either of vL Bends orinstuyrwz{egrate ct such other -party, - teresas t the expense -et -the Party whe sr-squired-t&prowde such (<mtraet- rice aceordingly- Partial I hb,ghon—Propertt Insurance a 15 If OWNER finds it necess.vv to acupv or usL I portion or portions of the Work prior to Substantial F1CDCGFV R96CONDITIONS1910 SII990Edlnao1 w(1T OF FOR] LOLL INS MODIFIC1TIONS(IiF} 4 11,00) ( )mpletion of all the Work, such use or occupancy may be accompllshed In a cordance with paragraph 14 10 pnv ided that no such usL or occupancy shall Lommclace Ioefore the Insurers providing the property insurance have acknowledged notice thereof and in writing effecter! inv Chang s in cos erage necessitated thLreby The Insurers protidmg the property insurance shall consent by endorsement on thL policy or policies but the property insurance shall not be evicelled or permitted to lapse on account of any such partial use or occupancv \RI ICLE 6 CONTRAC IOR S RESPONSI RILI FI FS 4upencsion andSupenntendence 61 CON IRA( I OR shall supervisc inspect and direct the Work competently and efficienth devoting such attention thereto and applying such skills and etpertiw as may be necessary to perform the Work in accordance with the ( ontract Documents ( ONTRICTOR shall be solely responsible for the means, methods, techniques sequences and procudtires of ,onstruction, but CONTRACTOR shall not he responsible for the neghgence of others in the design or specification of a specific means method technique sequence or procedure of construction which is shown or indicated in qnd expressly required by the (ontract Documents ( ONTRACTOR shall be responsible to see that the oompleted Work uomplles accurateh with the (ontract Documents 6' ( ONTRA( TOR shall keep on the Work at all times during Its progress a competent resident superintendent who shall not be replaced without written notice to OWNER and ENGINEER except under evtraordlnan circumstances fhe superintendent will be CONTRA(TORs repnSentatne at thL site and shall h we authority to act on behalf )I CONTRACTOR All communications to the superintend or shall be as binding as I( given to ( ONTRACTOR Labor bfutenalsand Equipment 63 CON f RA( TOR shall provide um patent suitabh qualified personnel to si¢vc% lay out and construct the Work as required by the (untraLt Do,UMLn15 CONTRACTOR shall at all times maintain hood discipline and order it this site ExLept as otherwise required for the sifety or protection of persons or the Work or property at tho site or adjwent thLreto and e.�cept as otherwise indicated In the ( ontract Documents all Work at the site shall be performed during regular workma hours and (ONTRACTOR will not permit cwertune work or the pertormance of Work on Saturday Sundav or any legal holiday without OWNERS written consent given after prior written nouLe to FNCINPFR ( ONT RA( TOR shall suhmn re nests to the ENO, NM hR no less than 4h hours In adcqnCL it any Work to h patonn d on S durdat Sunday Holidays or outside thL R eular W rking Hours 64 Unless otherwise specified in the Ueneral Requirements CON I RACI OR shall famish and assume Lull responsibility tot all materials equipment labor transportation Lonstruetion equipment and maLluner} tools appliances fuel power light heat telephone water sanM1ary tauhties temporary facilities and all other facilities and incidentals neLessary for the furnishing performance testing startup and completion of the w ork 641 Purchasing Restrictions CONTRAC I OR must contph with the Cuy s purohasm5 astnctlore A copy of the resolutions are available for review in the offiLes of the Purchasing and Risk Manaeement Div ismn or the C uy( Ierks offreL 64 Cement Restrictions ( ttp of Fort ( olhm Resolution 91 121 reUmres that suppliers and producers of cement or products containing cement to certify that the cement a is not made in cement kilns that hum haz wclous waste is a tuel 6 s All materials and equipment shall be of good quality and new roept as otherwise provided in the Contract Documents All warranties and guarantees specihLally called lot by the Specifications shall expressly run to the bereft of OWNER It required by ENGINEER C'O\TRA( IOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment all matmah and equipment shall be applied installed, Lonnected erected used, Lleaned inch conditioned in accordance with instructions of the apphLable Supplier except as others iqe provided in the Contract DOLumemL I roIp evv Schedule 6 o ( ONTR XCTOR shall adhere to the progress schedule estiblished in accordance with paragraph - o is it may be adjusted from time to time is provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance III the extent mdaated m parigraph^_9) proposed adµmtmLrm in the progress schedule that will not change the ( ontmet lumes (or 1\11lestones) Such adjustments will conform generally to the progress schedule then in efket and additiom illy will wmph with anv provisions of the ( eneml R quITMLnts apphLable thereto o 6 p proposed adjustments in the progress schedule that will change th Contract Tunes (or Milestones) shall be submitted m acLordane.e with the rego remoras of paragraph 121 Such adjustrn en[s rimy onh be madL b} a (hang OrdLr or W'Itten ,amendment in aLLordan" with Article I_ 67 SubvWutevand Or Equal Items 67 1 tbheney er gn item of material or equipment is sypeLdied or described in the ( ontract Documents by using the name of i propriemry item or the name o1 a particular Supplier thL 9pomfiLation or description is mtLnded to establish the tvpe function and quality required Unless the speciti anon or description FAD( CENTRN (0ND[T10N91910s)199ordlnaa) 12 1 CIIYOFFORT(OLLINSMODIFi(ATIONS(R V4'p000) amtaiin or is followed by words reading that no like equv alent or or equal item or no substitution is permitted other items of matonal or quipment or material or equipment of other Suppliers may be accepted by LN(-dNEER under the following circumstances b7 I I (Jr I'qual If in EN( INEERs SOIL discretion an item of material or equipment proposed by CONTRAC FOR is hmLtionally equal to that named and sutfimenth similar so that no change in related Work will be required, it may be considered by EN( INFER as gn or -equal itLm in which visL review and approval of thL proposed item may in FNGINFFRs sole discretion, be accomplished without Lomphince with some or all of the requir ments for acceptance of proposed substitute nuns 6 7 1 ^ Subihhde Items it in ENCINElsRs wle discretion an item of material or equipment proposed by ( ONTRACTOR does not quahfy as in or equal item under subparagraph 6 7 1 1 it will be Lonsidcred i proposed substitute it in ( ONTRAC rOR shall submit sufficient information as provided below to dlow ENGINEER to determine that the itLm of material or equipment proposed is esscotially equivalent to that named and an aLLeptable substitute therelor The procedure for revi w by the E,',J(,FNEER will inctude the tolMowmg as supplemental in the General Requirements and as EN( [NEFR may decide is appropriate under the urcwnstances Requests for review of proposed substitute items of material or equipment will not be iccepted by FNGINFFR trom amone other thin CONTRACTOR It CONTRA( FOR wirhos to Inrush or use i substitute item of material or equipment ( ONTRACTOR shall first mike written apphwnon to ENGINEER for acceptance thereof certihing that the proposed substitute will perform gdequatd) the functions and aoluLyo thL CLMILS Lalled for by the general design Ix sunder in substanLe to that specified and be suited to the same use as that specified The application will state the extent, it any to which the evaluation and acceptance of the propcsod substitute will prej udu.e CONTRACTORs aLhieement of Substantial Completion on time whether or not gu.eptame of thL substitute for use in this, Work will require a change in my of the Contract DoLum nts (or in the provisions of any other dirLLT contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is sub)ec.[ to payment of anv license fee or rovalty UI i anations of the proposed substitute from that speatied will be identified in the application and available matrnetanLe repair and replacement seryme will be indicated the application will also contain an uemi7e(1 estimate of all costs or credits that will result direeth or mdireL[ly from aLceptance of such substitute inLlu(hng LOsts of redesign ind dauns of other antraLtors alCected INLAND INSURANCE COMPANY Lincoln Nebraska POWFR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS 1111 the [NJ AND INSI RIN(F (OMPANI I rp tan in tf the State of Nebraska ha ini, it trin ip11 Ohne in the Cn tl 1 'lit) n \ En ka put until to thi 111 v In 13 It,, shah was adopted by th B lard A Dire u r of the lid Contpww on Juh 13 1981 to wit buJe \ S%flon 6 RFSIDFNT OIHCFRS PVD %TIORNEI S I\ FACT Me I ievd tit or tin NIL I r Std in, acting wth ins S xr tin or 4vst tent Sv tan hall h n tli i rah my to Ippolm Rcstd nt bi%e I t sad tit and 'homey,, in I at v rah the puoer and authonn to tyn %uL to d�knowledl,e and del" r thus h ildt in Sur N \m Ind till undertakings of wren hip and fo Ith, thu to die linomte Cal if the corpunuon The Presi Lent or Inv V ce Pt and of 1 tiny ouh am Se r tan n %S I tall S cr tan hall also have th anthOnn to r mole and iev k the authonn of an, uch Ippoint a It Ito time to It rem makc con mute yid fpant William C Banister or Donald B Martin or Connie K Boston or Kelly T Urwiller or Penny R Burkard Greeley Colorado its true and lawful Anome%isHn-J xi remake a,ecule eal and definer for and on us behalf as Suren Anv and all undertakings ofsureryshtp And the C,auaon ofsuch bonds or undertakings in pursuance of these presents shill be as bindmy upon said Compam as fully and amply to III ant his and purpo es as rf thin had been dull e,ecuted and acknonledced b, the reguhni, elected officers of the Compan% at as -Dices in Lincoln Nebraska, in then own persons The following Resolunon was adopted at the Recular Meeung of the Board of Directors of the INLAND INSLRAN( E CONIPANI held on Jul, 3 1981 RESOLVED That the sgnatuies of -Meets of the Company and the seal of the Company may be affi,ed by facwmde to am Power of Anomev vecuted inaccordance uh uncle', Seen n 6 of the Company B%laws Ind that any uch Power of Anomev bearing such facslmde SIL.nafures including the facsimile sigmature ofa cemfl ing Issi Cant S cretan Ind facsmde seal shall b valid and bmdmg upon the Company with respect O any bond undertaking or contract ofsurenship to which it is anached All authonn hereby conferred shall remain in full force and effect until terminated by the Company IN WITNESS RHEREOF INLAND INSLRANCE COIIPANI has caused these presents to be Srtned by its Vice President and us co affned this 6th day of September 0 06 rpomiC eat to be hereunto INLAND INSURANCE COMPANY A 4k, Secretary By Vice State of Nebrlska � Vice President r s[u Counn of Lancaster aLyS, On this 6th day of September 0 06 before m< Loom did depose and sin filial ISIhe i tiles in the Counry of Lancaster Stare of Nebraska that ts)he Is the)it ae Povoclem ofthe ly INI AND INSL RAN E COMP %NYthe d wrporanon rtis L described m and v Inch e,ecuted th above instrument that islhe knows the seal of the aid wrpomtron that the seal aI to the sand inaniment is inch u rpomre scan that it % as ,o affixed In order Of the Board of Directors of aid corporal in that i the sunned this) iher) name by like inter and that B}law AmCle V Seclton 6 adopted by the Board of Duectws of aid Company referred to in the Precniing instrumenr is now in for c ZiA / EXTTARA ARV State of YeC aska t MARTIN Eap e b 76 2010 %1%C innussun f,Pires P Liman I6 010 Nmin Public 1 Ct nil \ Ph" n \wl lanl Secrelln it INI AND INSI RIN( E ( ONII ANI do her hi inn that h Noe and for ling w a One and correct cop% ofa Power of v me% ,a td bs and INLAND INS[ RAN( E(ONIPANI ohnhI all in fail force I1q Dal Si iced Ind alkd at the Can -f I to In N braska This 16 day of J) ( 4 z ,v \\ 'i \s Islam Secrelan [oRPOa,IiE SFAI R'kca�"S t It by the resulting Lhange all of which will be considered by ENQTNFbR in eualuahng the proposal substitute ENGINEER may rtquve ( ONTRACTOR to turmsh additional data about the proposed substitute 0 7 13 C 0N77?A( TOR s Expense All data to be provided by CONTRACTOR in support of any proposed oOequsl or substitute Item will be at (ONFRA( LORs expense 07 2 Jubmtute Construction "ed7ods o, frocechires It t speoilu, means method technique sequence or procedure of Lonstaiction Is shown or indicated in and expressly required by the ( ontract Documents, CONTRA( l OR in iv furnish or unlve i substitute mesas method technique sequence or procedure of construction acceptable to FNGINEER ( ONTRACrOR shall submit suftnaent information to allow ENGINEER in ENGINEERS sole drsoretron. to determine that the substitute proposed Is equnalent to that expressly called for by the Contract Documents Flit pro Ldure for review by ENGINEER will bL sim dar to that Prot ided in subparagraph 6 7 1 _ 6 7 3 Engineer s Eiialuadion ENGINEER will b allowed a reasonable time within whILh to eualuste eaoh proposal or submittal made pursuant to p uagmphs 6 7 1_ and 6 7 2 ENGINEER will bL thL sole judge of asLeptahlhty No or equal or substitute will be ordered installed or utilized without FNCINFb Rs prior written accepumse which will he et iderued by either a Change Order or an approved Shop Draw rig OWNFR may require CONTRACTOR to furnish at ((INfRA(TORs expense a special pertorri guarantee or other sureh with respeLt to any or -equal or substitute I-NCNFFR will record time required hit LNGLNLER ind LNGINEERs Consultants in eualuting substitutes proposed or submitted bit C ONTRACTOR pursuant to paragraphs o 7 1 2 ind o72 and in makmg changes in th, Contract Documents (or in the protisrons of my other direct contract with OWNER for work on the ProjeLt) occasioned thereby Whether or not ENGINEER tLwpts a substrtutL item so proposed or submitted by ( ONTRACTOR, CONTRA( TOR shall reimburse OWNER for the charges of ENGINEER and EN(,NEERs ( onsulvints for cv aluatuig eaLh such proposed substitute Item 68 Cancemrn,; Sulu ondracdors Suppliers and Othery 0 S I C ON f RA( L OR shall not employ anv Subcontractor Supplier ott other person or organization (includmg those acceptable to OWNER and LN(,INTER as indicated in paragraph b R 2) tt hethee wtialty or as a substitute against whom OWNER or FNCrNFFR may have reasonable objection ( ONTRAC IOR shall not be required to employ anv Suboontracor Supplier or other person or argamzatron to lurrush or perform ire of the W ork ig unst whom (ONTRACTOR has reasonablL objection FICD( CFNFR tI ( ONDITIONS 1910-9 (1990 Fail and w CFI} OF FORT COLIINS MODIFICATIONS (REt 4 0001 69 ( ONTRAC TOR shall perform not less than 20 percent of the Work with Its awn forces (that lS without subcontracting) The 20 percent cr aunement shall he understood to refer to the W ork the value of which totals not less than 20 percent of the Contract Price o 4 2 1E the Supplementary ( ondineas Biddin¢ Documents require the identav of certain Subcontractors Suppliers or other persons or organizations (including thosL who are to furush th principal Items of materials or equipment) to 6e sutttmtted to OWNFR in-acknnee Lit the spw tut l date prior to the Eff ctit e Date of the \gr�LmLnt for acceptance by OWNFR and ENGINEER,-rm" (ON1R.A(T)R:-k-- sub list ,, it thereof in ae^--a--�,m., with the tLe Supplementary (ond+nons 01i,NFRs or FNGINFFRs acceptance (either in writing or by failing to make written objection thereto Ir. the date indicated for dGLLpt in e or Ohl etion in the bidding documents or the ( ontract Documents) of erany esuch ittaRarr sir identetied map L�;ked—m the !—Reet rL .e %ill be voll be issued or lAritten LVnendmem signed will Lonstitute a Londition of the ( ontract requiring the use of the named subcontractors suppliers or other persons or organization on the Work unless prior written approval 1s obtained from OW-\FR and ENC,INFPR No acceptance by OWNFR or ENGINTER of anv such Subcontractor Supplier or other person or organization shall constitute a waiNer of any ni,ht of OIVNFR or FNGINFbR to reject cdere to Work 6 9 1 CONTRA( TOR shall be full) responsible to OWNER and ENGINEER for all acts Ind omissions of the Subcontractors Suppliers and other persons Ind organizations pertorming or furnishing any of the Work under a direct or indirect oontrtet with ( ON I RA( I OR lust as ( ON I RN I OR Is responsiblL for (ONTR4CTORs own acts and omissions Nothing in the Contract Documents shall o,reate for the henetit of any such Suboontracuir Supplier or other person or organization tut contractual relationship bc.twwn OWNER or ENGINEL R and any such Subcontractor Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENC 1NEER to pav or to we to the payment of any monevs due am suLh Subcontractor Supplier or other person or organization ex"pt as may otherwise be required by Lawsand Regulations OWNERor ENGINLLRmay furnish to am subcontractor, supplier or other person or organization evidence of _amounts paid to ( ONTRACTOR in accordium, with I ONTR\CTORS \pphL-itions for Pwment 13 6 9 2 ( ONI RACTOR shall be soleh responsible for soheduhng and coordinating the Wort. of Subcontractors Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with ( ONIRACTOR- CONTRACTOR shall requrzc all Subcontractors Suppliers and such other persons and organizations performing or furnishing am of the Work to communicate with the ENGINEER through ( ONI RA( I OR 010 The divisions and sections of the Specifications and the identifications of anv Drawings shall not control CONTRA( IOR in dividing the Wort, among Subcontractors or Suppliers or delineating the Work to be performed be any specific trade 611 All Work performed for CONTRA( FOR b} a Suhcontractor or Supplier will be pursuant to an appropriak agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and IN( FNEE12 " m -- I NM INEEn c ri_ n Ln LhR�(-onsukan£s Hod all add,.„ a I .eriS ). .. and a ges caused by ans,- - .�,.c .._ rrsulluig-kemR.._. ny-et the p� suehToluE rmd-any of ) %urance applicable to separate-wmver formfby any-Sulaue traitor or Supplier-( ONI R kE TORS.... ,ebmmthevme Patent fees and Rolaltres bl^_ CONTRACTOR shill pry all home tees and royalties yid assume all costs incident to th use in the pe.rtomi nice of th Work or the incorporation in the Work of im invention designs process product or device which is the subject of patent tights or copyrights held by others If a particular invention design process product or device its specified m the COVTILI Documents for use in the pertormance of the Work and if to the actual know ledge of OWNER or ENUINEER its use is subject to patent rights or aipynghts calling for the pas ment of any license tee or royalty to oth is the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws Ind Regulitons CONTRACTOR shall indemnify and hold harmless OW NFR ENUNLER FNUNLERs ( onsultants and the officers directors empki%oes, agents and other consultants of ach and any of them from and against all claims, costs losses and damages arising out of or resulting from anv Infringement of patent rights or cops rights incident to the use in the perfennance of the Work or resulting from the Incorporation In the Work of am Invention design Process product or deuce not specified in the Contract DOLum tits EICDCCFNDRU CONMMOVS t9103 14 (1990Ldinan w((l IY OF FOR 1 ( 011 INS MODIrK ATIONS (RPA 40000) Permits 613 Unless otherwise provided in the Supplementan Conditions CONTRA( I OR shall obtain and tray for all construdion permits and licenses OWNER shill assist CONTRA( TOR when necessary in obtaining such permits and licenses CONTRA( FOR shall pay all govermnental charges and inspection tees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the .Agreement CONTR V TOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thLrto such as plant mvestinent fees 614 La as and Regulations 6 14 1 CONTRACTOR shall gne ill notices and comply w ith all L n " and Regulations applicable to furnishing and performance of the Work Lxeept where otherwise expressly required by applicable Laws and R�gulalions, neither OWNER nor FNUNEER shall be responsible for monitoring (ONTRACTORs compliance with im Laws or Regulations b 14 1f (ONTRACTOR performs any W ork knowing or hair Ing aason to know that It Is contr u7 to I aws or Regulations, CONTRA('I OR shall bear A claims, coats losses and damages cruse([ bs arising out of or resulting therefrom however it shall not be (ON I RACI ORs primary responsibility to make certain that the Specifications and Drawings are m accordance with Laws and Regulations but this shall not relieve (ONTRA( I OR of ( ON FR A( TORS obligations under paragraph ) 3 2 Caxcs 61s CONTRACTOR shall pay all sales comumcr use and other similar taxes requirt,d to be paid by ( ONTRACTOR in icordance with the Laws and Regulations of the place of the Project which are applicable dunng the performance of the Work 6 I ) I OWNER is exempt from Colorado State and local sales and use taxes on materials to be penuanently mcorpomted into [he pro lest Said taxes shall not be included in the C ontract Price %ddross ( olorado D tarfinent of Revenue State Capital Annex 1375 Sherman Street Denver Colorado 80261 Sales and Use taxes for the State of Colorado Regional Tmnsportanon District (RTDI and certain ( olorado counties arc collected by the State of Colorado and are included in the ( atification of Exception All apphcable Sales and Use 1 axes (Including State collected taxes) on am items other than construction and building -materials hvsically incorporated into thz project are to be paid by CO rOR and are to Ix mcluded m appropriate bid I ems ( se of Premises 6 16 CON I RACTOR shall confine construction equipment the storage of materials and equipment and the operations of worksrS W the site and land and areas identified in and permitted by the ( ontmet Documents and other land and areas permitted by Laws and Regulations rights -of way permits and casements, and shill not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shill assume lull responsibilm for anv damage to any such land or area or to the owner or occupant thereof or of anv adjacem land or ireas, resulting from the patorinance of the Work Should am, clam b made by any such owner or occupant because of the pertomtonce of the Work ( ONTRA( I OR shall promptly settle aith such other party by negotiation or otherwise resolve the claim bN arbitration or other dispute resolution proceeding or at low, ( ONTRA( I OR shall to the fullest extent permitted by I aws and Regulations indemnify and hold harmless OWNFR LN(,INFFR ENGtNFFRS ( onsultant and anyone directly d r indirectly employed by any of them from and against all claims costs losses and damages arising, out of or resulting from any claim or action, legal or equitable brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the estent caused by or leased upon CONTRACTORS performance, of the Work 6 17 During the progress of the W ork C ONTRACI OR shall keep the premises free from aceumulauons of Vast. materials rubbish and ocher debris resulting from the Work At the completion of the Work ( ONTRACTOR shall rear ii e ill V rite in itenals rubbish and debris front and about the premises as well as all tools appliances construction equipment and machinery and surplus in itenals CONTRACTOR shall leave the site clean and readN for OL(Alpancy by OWNER it Substantial Completion of the Work ( ONIRACIOR shall restore to on6mal condition all property not designated for alteration bN the Contract Docum gists 61 b ( ONTRA( TOR shall not load nor permit am, part of any structure to be loaded In any manna that will endanger the structure nor shall (ON 1 RACTOR subject my pair of the Work or adjacent proparz to Stresses or passures that will endanger it Record Documents FJMD GENFRAI C0NIXF10NSI910-ag990FcGnani CITi Of fORTCOr I INS NODIM AIKINSiR 4 000) 61 o CONTRACTOR shall maintain in a sate place at the site one record copy of all Drawings Specifications, Addenda Wntten Amendments ('hangs Orders Work Change Directives Field Orders and written interpretations and clarifications ussued purauant to paragraph 94) an good order and annotated to show all changes made during construction These record dOcnmentS together with all approved Samples and a counterpart of all approved Shop Drawings will he available to FN(,LNFFR for reference I.pon completion of th Work and prior to r lease of final nav merit th w record documents, Samples and Shop Drawings will be dery ered to FrNGINEER for OWNER Safety and Protection 0 20 CON I RACTOR shall be responsible for minaun& maintaining and supervising all safety preiautions and programs in connection with the W ork CONTRA( I OR shall ral, all necessary precautions for the safety of and shall provide the necessary protection to prey ant damage Injury or loss to 6201 all persons on the Work site or who may be affected by the Work 6 ^_0 _ all the Work and materials and equipment to be mcorpomted therein, whether in storage on or off the srtc and 6 '0 1 other property at the site or adjacent thereto including trees shrubs lawns, walks pavements roadways structures utilities and underground Facihhes not designated for removal relocation or reklaceinent in the course of construction ( ONTRA( TOR shall comply with of applicable I aws and Regulations of am public body hay mg jurisdiction for satew of persons or property or to protect them from damage injury or loss and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall nobty owners of adjaecirt property and of Underground Facilities and utility owncrs when prosecution of the Work may atfect them and shall cooperate with them in the protection removal relocation and replacem-rit of their property All damage injun or loss to any property referred to in paragraphs 6 30 _ or 6 30 3 caused, duecdy or mdu icth In vv hole or in part, by CONTRACTOR any Subcontractor Supplier or my Other person or organization directly or indirectly ernploved by any of them to perform or furnish any of the Work or anyone for whose acts my of them may be liable shall he remerhed by CONTRA( TOR (except damage or loss attributable to the tarth of Drawings or Specifications or to the tits or omissions of OWNER or FNGNEFR or EN( INEERs Consultant or anvone employed by any of them or anyone for whose acts any of them may be Inble and not attributable directly or indirectly in whole or in part, to the fault or negligence of( ON rRA( TOR or any Sulx.ontractor Supplier or other pawn or orgamzanon directly or indirectly employed by any of them) CONTRACTOR s dmtio5 and responsibilities for the safety and protecton of the Work shall continue until such time is ill the Work is completed and ENGINEER has issued a 15 notice to OR NFR and ( ONE RACTOR in accordance with paragraph 14 13 that the Work is acceptahle (except as otherwise LxpressIv provided in connection with Substantial ( ompletion) 621 Safetb Representatne CONTRACTOR shall dLvgnate a quahficd and experienced safety representative at the site whose duties and responsibilities shall be the preN ention of accidents and the maintaining and supervising of safety precautiom and programs lla,ard Communication Programs 6 12 CON IRACTOR shall be responsible for coordinating ant exchange of material safety data sheets or other hazard oommunwation information required to be made available to or exchanged between or among unployers at the situ in accordance with Laws or Regulations Emergencies 6 _3 In emergencies affecting the safety or protection of persons or the Bork or property at the site or adjacent thereto (ONTRA(TOR, without special instruction or authorization from OWNER or ENGINEEI, is obligated to act to prevent threatened damage njun OF loss CONIRACTOR shall give FNGINFFR prompt written notice if CON FRA( TOR believes that any significant changes in the Work or variations from the (ontract Documents have been caused thereby If ENC INFFR determines that a change in the Contract Documents is required because of the action taken by ( ONTRACTOR in response to such in emergency a Work ( harge I)uettav e or ( hinge Order will be issued to document the consequences of such action 624 Shop Drawings and Samples 6 24 1 ( ONTRACTOR shall submit Shop Drawings to ENGINEER for rei rew and approval In accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph'_ 9) All submiftals will be identified as ENGINEER may require and in the number of copies specified in the ( eneral Requirements I he data shown on the Shop Drawings will be complete with respect to quantities dimensions specified performance and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR propc,s to provide and to enable CNu NEER to review the information for the hmitcd purposes requ¢u1 by paragraph 6 _o o 241 ( ONIRA( TOR shall also submit Samples to ENGINL PR for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified dearly as in material Suppher pertinent data such as catalog numbers and thL use for which intended and othenuw as ENGNEER may nature to e❑abIt ENGINEER to review thL submittal for tht limited 16 CAD( CCNTRA1 CONDMONs 1910-8(1990 EM.) w n I Y OFF( RT COI Li NS MODU H 4TIONS OU V Jr 000) purposes required by paragraph 626 The numbers of each Sample to be submitted w ill be as specified ui the SpecItILMIons 625 Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRA( TOR shall have determined and verified 625 1 1 all held measurements quant)tr s dimensions specified performance criteria installation requirements materials catalog numbers and similar information with respect thereto 6 `5 1 2 all materials with respect to intended use fabrication shipping handling storage assembh and installation pertaining- to the performance of the Work and 62513 all information relative to CONTRACTORS sole responsibilnics in respect of means methods, techniques sequences and procedures of construction and safety precautions and programs incident th rLto CONTRACTOR shall also have reviewed and coordna0.d Lath Shop Dmwmg or Sample with other Shop Drawings end Samples and with the requirements of the Work and the ( ormuct Documents 6 2s 2 Bich submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied ( ONTRAC I ORs obligations under the ( ontract I )ocuments with respect to CON I RAC TORS review and approv at of that submittal o �0 3 At the time of each submission CONTRACTOR shall goc ENGNEER spLufic wrIuLtanotice of such variations d any that thL Shop Drawng or Simple submitted may have from Lhc requirements of the Contract Documents such notice to he in a written communication separate from the submittal and in addition, shall cause 1 specific notation to be made on each Shop Drawing and Simple submitted to ENGINEER for rev Lew and approval of Lath such variation 6 _b ENGINEER will review and approa e Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph=9 ENbINEERs review and approval w ill be only to determine it the items covered by the submittals will after installation or incorporation in the Work conform to the information given in the Contract Documents end he compatible with the design concept of the completed Project as i functioning whole as indicated by the ( ontract Documents ENGINFCRs review and approval will not oxtend to means, methods techniques sequences or proccilmes of Lonstruction (L�Cept where a particular means mcdrd technique sequencL or procedure of construction Is specifically and expressly called for by the ( ontraet 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 oac.otions required by ENGINEER and shall r turn the required number of corrected copies of Shop Drawings and submit as required new Samples for n,vmew and approval CONTRA( TOR shall direct specdic attention orwriting to revisions other than the corrections called for by FNGINEFR on previous submittals 637 FNGINLER% review and approval of Shop Drawings or Samples shall not relieve CON RACI OR from responsibility for anv variation from the requirements of the Contract Documents unless ( ONTRACI OR has in writing palled ENGINFERs attention to each such teriation at the time of submission as required by paragraph 6251 and ENGINFFR has gnen written approu it of cash such variation by a speutic written notation thereof incorporated in or accompany ing the Shop Driumg or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibdih for complying w rth the requirements of paragraph 6 ss I 6 _8 Where a Shop Drawing or Sample is requir d by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by LNUINEER is required by pamgraph-9 any related Wort, performed prior ul FNGINEERs review and approval of the pertment submittal will he at the sole espense and responsibility of CONIRACTOR Lonnnuing the It ork it ^0 ( ON fRA( TOR shall carry on the Work and adhere to the progress schedule (luring all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of my disputes or disagreements except as permitted by paragraph 15 5 or as OWNER and ( ONTRA( TOR may otherwise toes m wTinnb 630 COATR4CTORs (eneral Warrant, and Guarantee 6 30 1 ( ON rRA( TOR warrants and guarantees to OWNER ENGINEER and ENGINEERS Consultants that all W ork will b m acwrdanu, u rth the Contract Documents and will not he cLfeclnc (ONIRA(IORs warrants and guaran0.e hereunder escludeS def cis or damage, caused by 63011 abuse modification or improper m-amtenance or operation by persons other than ( ON TRA( 1 OR Subcontractors or Suppliers or 63012 normal wear and tear under normal usaEe 010' CONI RAC TOR, obligation n) perform and complete th Work in icoordance with the Contract Documents shall be absolute None of the following will constltnte an acceptance of Work that is not in EIM GENLRV CONDITIONS 19109119911 EdmonI w(I1} OFFOk1 COLI INSMODIFI(%r10NsurF 12000) accordance with the Contract Documents or a release of CONTRA( PORs obligation to perform the Work in accordance with the ( enamor Documents 6 30 _ 1 observations by ENGINEER 6 >O - _ recommendation of an) progress or hard payment by EN ( iNEER 6 30 _ 3 the Issuance of n certilwate of Substantial ( omplenon or anv payment by OW NER to ( ONTRACTOR under the ( ontract Documents 63024 use or oanpancy of the R ork or any part thereof by OWNER 6 30 2 , any acceptance by OW NI R or anv failure to do so 61u 2 6 any review and approval of a Shop Draw mg or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14 13 630^_ 7 am mspectron, test or approval by others or 6 30 _ 8 anv correction of d%atn e Work by OWNER (ndemnefica ion oil To the fullest extent permitted by laws and Regulations CONTRA( POR shall indemnb. and hold hammless OWNFR ENGINEER, FNGINFFR, Consultants and the officers dtrectors employees agents and other consulmnts of each aid any of them from and against all clavns costs, losses and damages (including but not limited to all fees and charges of engineers architects attorneys and other protessionals and ill soon or arbitration or ether dispute resolution costs) caused bN arising out of or resulting from the performance of the Work prov Ided that anv Stich claim cost, loss or damage (i) is atmbutable to bodily ur my sickness disease or death, or to mlun to or dcstrucaon of tmgibld property (other than the Work itself) mcludi% the Toys of use resulting thcretrom and (it) is caused in whoa, or in pan by anv neghgent tct or omission of CONTRACTOR any Subcontractor tm Supplier anv person or orgamiafion directly or mdr"tly employed by my of them to pertomm or tummh any of the W ork or anyone for whose his anv of them may be liable regadless of whether or not caused in part bN anv negligence or omission of a psrs m or entty indemnified hereunder or whether habihty is Imposed upon such indemnified parts by Laws and Regulations regardless of the nebligence of any such person or cntm 633 In my and all clauns against OWNER or EN( INTER or anv of their respective consultants agents, officers directors or employees by any employee for the survnor or personal represcntmave of such mployee) of CONTRACTOR any Subcontractor anv Supplier any person or orl_aniranon directly or indirectly dmploycd by 17 any of them to pertorm or furnish any of the Work or anyone for whose acts any of them may be liable the mdemmheation obligation under paragraph631 shall not be limited in am, way by any limitation on the amount or 4pe of damages, compensation or benefits pavable by or for CONTRACTOR or any such Subcontractor Supplier or other person or orgammiron under workers compensation acts disability benefit nets or other Lmplow ec benefit acts 633 the indemnification obligations of ( ONTRACTOR under paragraph o31 shall not extend to the liability of LNCNEER and FNGNFFRs Ci nrattants olficers directors, employees or agents caused by the professional negligence errors or omissions of any OfthLM Sartrval of Obligations 634 All representations indemnifications, warranties ind guarantees made in, required by or given in accordance with the Contract Documents as well as all contmumg obligations indicated in the Contract Documents, will survive final payment wmptetion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7 OTBER Ni ORK Related If ork at Site 71 OWNER may perform other work related to the l'rojedt at the site by OWNFRs own fares, or let other direct contracts therefor which shall contain C enersl ( onditions similar to these or haw e other work performed by utility owners 11 the fact that such other work is to be performed was not noted in the ( ontmct Documents then (4 written notice thereof will he given to CONTRA( rOR Prior to starting any such other work and (w(CONI RACTOR may make a clams therefor as prow idcd in A111LIeS l I snd 12 it CONTRACTOR behcvcs that such pertormancL 11111 mwol%e adduional Lxpenw to CONTRACTOR or rcqumes additional tune and the parties ire un ible to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor who is a pirty to such a direct contract and each utdnv owner (and OWNER it OWNER is performing thL additional work with OWNERS employees) proper and sate aL cSS to the site snd a reasonable oppertumt) for the introduction and storage of materials and quipm or and the execution of such other work and sh ill propLrly connLLt and coordinate the Work with theirs Unless otherwise provid d in the Contract Documents CONTRACTOR shall do all cutting fitting and patching of the W ork that may be required to make its several parts come together pmperh and integrate with such other work (-O\TRA( TOR shall not endanger any work of others by wttrni, excavating or otherwise altering their work and will only cut or alter then work with the written consent of ENOINEFR and the others whose work will be Alerted ThL duties ini responsibilities of CO'JTR\(TOR under this paragraph are for the benefit of such utihty owners and other contractors to the daunt that there are comparable 1h DCDOpENFRM COM)JUoiS19109,990Cdinn) I (IrYOFbORT OLLINSMODIFI(ATIONxrRR3 000) provisions for the bents of ( ONI RAC IOR in said direct contracts between OWNER and such unlav owners and other contractors 7 , If the proper execution or results of my part of CON I RACI ORs Work depends upon work performed by others under this Article 7 ( ON FRAC rOR shall inspect such other work and promptly, report to EN( WEER in writing any delays defects or deficiencies m such other work that render it unaw actable or unsuitable for the proper ex,cutmn and results of CONTRACTOR s Rork ( ONTRACTOR s failure so to report will wnstitute an acceptance of such other work as fit and proper for integration with CONTRA( TORS Work except for latent or nonapparent defects quit deficiencies in such other work ( aarrhna8an 74 It OWNER contracts with others for the performance of other work on the Project at the site the following will be set forth in Supplementan (ondmons 74 1 the person firm or Lorporation who will have authority and responsibilrN for coordination of the activities among the A inous prime contractors will be identified 742 the specific matters to be covered by such mthonty and responsibility will be Ai mead and 743 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary ( onddtions OWNER hall have sole authority and responsibilm in respect tit such Loordhnation ARIICLE8 OWNERS RESPONSIBILII IES 81 Except as othenaisc prodidcd an thmL GenLral ( ondntons OWNER shall issue ill communications to CONTRA(- t OR through ENGINEER 8 _ to Lase of termination of the emplovment of EN(,INEER OWNER shall appoint an engineer agavist .PR l.. - F '-"��r whose status sunder the Contract Documents shall be that of the Conn r LNGNEEK h n OW`NFR shall tunush the data required of OWNER under the Contract Documents prompth and shall make payments to ( ONrRACI OR promptly wlien thew are due as provided n par Agraphs 14 4 and 14 13 h4 OMIT Rs duties in respect of providing lands and easements and provtdmg engineermg smyeys to establish reference points are set forth in paragraphs 4 1 and 44 Yamgraphd_ reters to OWNERS idenufymg and making avadablc to CONTRACTOR copies of reports of explorations and tests of subsurface conditions it thd site and dr twings cf physical conditions in zxiatm fi structures at or contiguous to the site that have been utdved by ENG INFFR in pi eparmg the Contract Documents msd-, forth-paragraphu v hro g`,5-1 r So OWNER is obligated to oxecute Change Orders 2s indicated in paragraph 10 4 87 OWNERs responstbditv in respect of certsm Inspections, tests and approvals is set forth m poragmph 13 4 SS In connection with OWNER s right to stop Work or suspend W ork see paragraphs 13 10 and 15 1 Paragraph I,' deels with OWNERS tight to terminate services of ( ONTRaCTOR under certain circumstances S 9 The OWNER shall not supervlsc direct or have control or authority over nor be responsible for C ONTRACTORs means, methods, techniques, sequences or proc dares of construction or the satcty precautions and Programs incident thereto or for any failure of ( ONTRACTOR to comply with Laws and Regulations applicable to the fumrshmg or performance of the Work OWNER will not be responsible for ( ONTRaCTORs failure to perform or furnish the Work in accordance svth the( ontrict Documents Rq-[�(yW-P}ERsresponstMk+4y in -respect e€-ut�selesad RadiAaeave-Ma[alai' cwerckex reveft sill atthe site -Is set fortlrinpamgral I,-11 end to the e OW1 IF has greed-Eerhim L CO3VrR-A(-")b- Tialaonab1z eWdenet—that- financial obhgancxis—aixleL ( eritraat-Beeuments—(1W11FERs ?upphnieman Cenditlu W MILE 9 MCINEER S %I XTU% DURING COYSTRU( TION OWNER sRepresentatae ()1 ENGINEER will be OWNERS representatne during the construction period The duhas and responsibilities and the limitations of authority of ENGINEER as OWNERS rcprescntatne during construction are set forth in the ( ontrict Documents and shall not be extended without written consent of OIkNER and LN( INT;hR 1 Isxts to site 92 1 Nu NLER will make v isits to the site at intervals 2ppropnste to the various stages of construction as ENGINEER deems necessary in order to omen its an Np riencW ind qu ihtied design profession d the progress EJM( C ElaFR 4L COWDITIONS 19108(1990 Eat an) CY I Y OF FORT COI [INS MODIFIC At IONSWr 42"0p that has been made and the quality of the varous aspects of (ONI RAC IORs executed Bork Rased on mformauon obtained during such visits and observations FN(, NEER will endeavor for the henefit of 0w NLR to determine in general if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on SAL inspections to check the quality or quantity of the Work ENGfNEhRs efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the ( ontract Documents On the bans of such visits and on site observations ENGINEER will keep OWNER mtormed of the progress of the Work and will cndeTv or to guard OWNER against defectne Work FN( INLERs visas and on site observations tie subject to ill the limitations on ENGINEERS authority and responsibility set torth in paragraph 9 11 ind particularly but without hmrtation during or as a result of FN(,fNFf Rs on site tills or observations of CONTRAC I ORs Work FNGIN'EER will not supervise direct control or have authority over or be nsponsibte for CON TRa( TOR, means methods techniques sequences or proc duros of 1011SIruction, or the safety precautions and programs incident thereto or for any failure of CON I RA( TOR to comply with Laws Ind Regulations apphcablc to the furnishing or performance of the W ork Project RepresenMht e 9 3 It OW NLR and ENGINEER agree 1-MANFER will tarnish a Resident Project Repiesentauve to assist EN( NE.FR in proc idmg more continuous obsen ntion of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representatne and assistants will be as provided in paragraphs 9 3 and 9 13 aad- the- SupplemeMary Pert&Hens of these General Conditions If OWNER designates another representTtite or igent to represent OF\ NER at the site who is not EN IrE\TLRs ( onsulhant agent or mpto)ee the msponsibilitics and authority and limitations thereon of such other person will be as provided in EP 9 ppiles entar, Conditions oara(nanh 9 1 9, 1 The R presentatives d ahn_s in m fitters pertaining tome on site work will in general, be with the ENGINEER and CONTRACTOR But Inc Re resematne will _keili tha OWIsE�roperty advised Sbout such matters the Representatives dealings with subcontractors will onh be through or with the full Lnowlecliii and a roval of the (ONIR4CIOR 9 3 2 Dunes and Resrionsibrhnes Renresentato e wbl 93 T 1 Sohedul s Review the Apr ss I) schedule and other schedules prepared by the CONTRA( TOR and consult with the ENGINEER com,ernme accepLsbiltty 93'__ Conferences and %leetmg Attend mectirig with the CONTRACTOR such as preconstruction conferences progress meetings and other iob conferences and prcnare and urculate copies of minutes of meenmes 1)3 2 1 f mason 91231 Serve as ENGINFFRS liaison with ( ONTRA( TOR working pnncipslly through CONTRACTORS superintendent to s.SSist the CONTRACTOR in understanding the( ontract Documents 9323_ Assist mobtammgtrom OWNER additional details or intormafion when required for proper eNecution of the Work )3-,, Ach ise the EN GIN EER and CONIR.A( TOR of the commencement of am Work regurrng a Shop Drawing or sample submission if the submission has not been approved by the EN( NFLR g 3 2 4 Review of R ork Reieotion of Dcfectn R ork inspections and Tests 9 3 2 4 1 C onduct on site observations of the Work 11progress to assyst the FNC LACER in determining that the "ork is proceeding accordance u ith the Contract Documents g 3 2 4 A company v ISIt ne msp ct r representme public or other agencies hay in uj rzsdwUon ov r the Project, record the asultS of these inspections snd r port to th FNGPNEF R 93 5 Interpretation of Contract Documents Re to ENGINEER when clsnfications snd mterpretstions of the Contract Documents are needed and transmit to CONTRACTOR clari&ation ind interpretation of the (ontract Documents as issued by the f NGINEER 4 3 2 6 hfodihcations Consider and evaluate CONTRACTORS suggest for rJCDL OFNFRAL CONDMONS 1910 8 (1990 Edition) 20 wClT OFFORT COI L] NS MOD] HC ATIONS IRO N 4, 000) modification in Drawings or Spemflwttaos and report these recommendations to EN( INELR Acwurawbi v smit to CONTRACTOR decisions issued by the FNGINFER 9 3 � 7 Records 9 3 ' 7 1 office c Interpretations of the Contract Documents progress reports and other project documents addresses and telephone numher5 of -In CONIRACTORS ssub,ontractors and major supRhers of equipment snit materials 9 p 2 N Re op ttc 93281 -I=tsh ENGINEER periodic reports as required of the progress of the Rork and of the CONTRACTORS wm k ince with the pro gr ss schedul and schedule of shop Drawing and saninle submittals 9 3 2 4 2 Consult with CNGINEER in sd%Ana. of seheduhng mmor tests _inspections or start of imapRant phases of the fb ork 9 1'8 1 Draft propose ( hanee Orders and Work Directive Changea obtaining backup material from the CONTRACTOR and recommend to ENGINFFR Change Ordors l4 xk Directive Chafes and field orders Q 32 N 4 Report unmediatels to INGINEh_R and UA NPR the occurrems of an accident 9329 PaymentRequests Re�pkaUons tot payment with CONTRACTOR for omnl snce with the established pro c dare tot their submission and forward "ith recom i niation t< ENGINE LR, noting particularly the relationship of the Pirynn ent rewested to the schedule of talus Zwork completed and materials and e ud ipn ent nered at the site but not mccmorated In the W ON, y 33 2 10 (bin pletton 93 _ In I Before FNUINEFR issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed Berns reyuinne correction or comnletton 93210' (onduct tnnal�ms ,ction in flit ,omrany of the ENGINEER OWNER and CON RAC TOR and pre me a final list of items to be corrected or completed 032101 Observe that all items on the timl list have been corrected or completed and make recommendations toc ENGINFFR concerning acceptance 9 3 3 Llmmtion of Authorm The Representative shall nut 0 3 3 1 Authorize anv deviations tr n the Contract Documents or accept any substitute matcnals or claimant unless authorized bt the ENGINFER 9 i 32 LNceed limitations of I NCINEER S authoritv as set forth in the ( ontract Documents 93 1 3 Undertake any of the responsibilities of the ( ONTRA( TOR, ubcontmctors, or ( OONIRA( TOR S sunenntendent ) 3 3 4 Advise on, or issue directions relate e to or assume control ova any aspect of the s meanmethods techmaues sequences or Procedures lot construction unless such is spewhcall, called for in the Contract Documents 9 3 3 5 advise on or issue chro,tion, re ar or assume control pier safety prat minutes and programs In 10111100ions with the W ork 9 3 3 6 %c ant Shoo Dr Twigs or sampl submittals from anyone other than the ( ONTRAC TOR 93 37 authorize OWNER to occupy the W ork in whole or in oars 03,N Participate rn s era cialized field or labomtory tests or Inspectors, conducted by others extent a% Specrfrcallvauthon Ted by the ENGINEER ( lanfications and Interpretations 94 ENGINEER will issue with reasonable promptness such written clarifications or interpr tations of the E1CD( OENERII CONDITIONSI910A(j990 Eldian) w UTYOF FORT' 011 INS MOFArI( LIIONS(R 4 u00p requlement% of the ( ontract Documents (m the tome of Drawings or otherwise) as ENGINEFR may determine necessary which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written deification and interpretations will be binding on OWNER and ( ONTRACIOR If OWNER or ( ONTRACTOR believes that a wntten clarification or mterpatation justifies an adjustment in the Contract Rice or the Contract I Ines and the parties are unable to agree to the amount or extent thereof if any OWNER or CONTRA( TOR may make s written clan theretor ss provided in article 11 or Article I' 4uthori ed Ianahonsm Work r) 1 FNUINFER may authon7e minor variations in the Work from the requirements of the ( ontract Documents which do not involio an adjustment in the ( ontract Rice or the (ontract I Imes and are compatible with the design concept of the wmpluted Project as a tunctionmg whole as indicated by the Contract Documents I here ma} be accomplished by a Field Order and will be binding on OWNER mid also on ( ONTRA( TOR who shall perform the Wort, itched prompth if OWNER or CONTRA( 1 OR believes that a Field Order justifies an adjustment in the Contr ict PrRe or the Contract Dimes and the parties are unable to agree as to the amount or extent thereof OWNLR or ( ONTRACTOR may talk, a wntten chin therefor m pros tided in Article 11 or 12 Rejecting Defects e Work 96 f NUtNFER will have authorim to disapprote or reject Wort. whtch ENUINT'ER believes to be cfe%cht Or that EN( INTER beltet es will not produce i completed Project that conforms to the Contract Documents or that will prejudice the integrlN of the design concept of the completed Project as a functioning whole as Indicated 63 the Contract Documents ENGINEER will also hie authority to requir special inspection or testing of thc Work as provided in paragraph 13 9 whether or not the Work is ftbcicatcd, installed or completed ShOPDranings Change Orders and Payments 97 In connection with ENCINFERs authonty as to Shop Drawings and Samples sec paragraphs e) 24 through 6 _S inclusive 98 In connection with ENGINEERS authority as to Ch Inge Orders sec Amid s 10 I and 1_ q 9 In connection with ENGINEERS authordy as to Applications for Payment see Article 14 Determinations for Una Prices 910 ENUINFR will determine the actual quantities and classifications of line Price Work perfomiecl by (ONIRACFOR ENGINEER will renew with CONTRACTOR the FNGINEFR9 prelmnnan determinations on such matters before rendering a wntten decision thereon (by recommendation of an %ppheation for Payment or otherwise) ENU NEERs written decision thereon will be final and binding upon OWNER and ( ONTRACTOR unless within ten days alter the date of am such decision, either OWNER or CONTRA( TOR delivers to the other and to ENGINEER written nonce of intention to appeal from ENUINEERs decision and (i) an appeal from ENUINEER s decision is taken within the time limits and in accordance with the procedures set forth in Exhibit C ( A Dispute Resolution Agreement entered into between OWNER and ( ONTRA( TOR pursuant to Article 16 or (I I) it no such Dispufo Resolution Agreement has been entered into a formal proceeding is Instituted by the appealing path in a forum of wmpetent jurisdiction to xeaise such rights or remedies as the appealing party may have with respect to FNUINEERs decision, unless Otherwise agreed in writing by OWNER and CONFRAC FOR Such appeal will not he subject to the procedures of paragraph 9 11 Decisions on Disputes 911 LNUINEER will be the initial Interpreter of the requrtrments of the Contract Docummis and judge of the acceptability of the W ork thereunder ( laims disputes and other matters relating to the acceptability of the W ork or the interpretation of the requirements of the Contract Documents pertaining to the performance and tarnishing of the Work and claims under Articles I I and 1 _ In respect of changes in the Contract Pnoe or Contract Tunes will be referred initially to FNGINFFR in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delvered by the claunint to FNUINFER and the other party to the Agreement promptly (but in no z,ent later than thirty days) after the start of the occurrence or event gn ing rue thereto and written supporting data w ill tine submitted to FNC NFFR and the other partv within sari days after the start of such occurrence or event unless ENUINELR allows in additional period of time for the submission of additional or more accurate data in support Of suoh claim d1Sputc or oth r matter Th opposml, pain shall submit any response to FNUINFER and the claimant within lhlrtv days alter receipt of the olaimants last submittal (unless EN(,INEFR allows additional time) ENGINEER will render a Formal decision in writmg within thirty days after r c,apt of the opposing parts, s submittal if ins In accordance with this paragraph FNCENFFRs written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (I) an appeal from FNGINFFRs decision is taken within th time limits and in accordance with the procedures set forth in E%HIBIT GC A Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Articl 16 or (it) it no such Dispute Resolution Agreement has been entered unto a written nonce of intention to appeal from ENUINLER, written decision is delivered by OWNFR or ( O\ TRACTOR to the other and to LNC WEER within thirty dais after the date of such deusmon and a formal proceeding is Instituted by the appealne party In a forum of wmpetent jurischaton to exeriase suoh rights or remedies as the appealing party may ham e with respect to such claim dhspute or other maltcr in accordance with applicable Laws ind Regulations within slaty days of the dam, of wch FA DC CFNER 1t d ONDITtONS 1910 3 (1990 Far tin —' w CI I Y OF FOR r CCA I INS IMUDII]CATIONS(RLA 42000) decision unless otherwise agreed in writing by OWNER and CONTRA(TOR u 12 When turctionmg as interpreter andjudge under paragraphso 10 and 911 ENUINEER will not dhow, partiality to OWNER or CONTRACTOR and will not be liable in connection with anv interpretation or deushon rendered in good Faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 or 0 11 with respect to any such claim dispute or other matter (except any which true been waned by tho makmg or acceptance of final payanzat as pioeided in paragraphl4li) will be a condition precedent to any exercise by OWNER or CONTRACTOR of suoh rights or remedies as either may otherwiw have under the ( ontract Documents or by [ aws or Regulations in respect of any such claim dispute or other matterfaursuant to ARieh, I( 913 Laentations on FNGINFER s 4uthonla and Responsibihnes 9 13 1 Neither ENUINEERs authority or responiab htv under this Article 9 or under my other pia orlon of the Contract Dceuments nor any decision made by ENUINLLR in good Faith either to exerese or not exercise such mthonty or responsibiho or the undertaking exercise or performance of any author rtv or responsibility by ENUINLER shall create impose or gne rase to any duty owod by ENUINEER to ( ONTRA( TOR any Subcontractor its, Supplier mtt other person or organization, or to any surety for or employ ee or agent of am of their 9 13 _ LNC [VEER will not supennue direct control or have authority os er or be responsible for CON 1 RACI OR s meam, methods techniques sequences or pit cedures of construction, or the safe[, precautions and programs incident thereto or for any Failure of CONTRACTOR to comply with Laws and Regulations appltu dde to the furnishing or performance of the Work ENUINEER will not b responsible for ( ONITRACTORs tadur to IN -dorm or furnish the Work m accordance with the Contract Documents Q 13 3 ENUINEER will not bit responsible for the acts or omissions of CONTRA( TOR or of any Subcontractor anv Supplier or of any other person or orgarurahon perlormml, or furnishing am of tho Work 9 13 4 ENUINEER s review of the final 1pphc Rion for Payment and accompanying documentation and all maintenance and operating instructions schedules, guarantees Bonds and certificates of IMpecnon tests ind approvals and other documentation required to be delivered his paragaph 1472 will only be to determine generaliv that their content complies with the requirements of and in the case of cernhcates of inspections tests and approvals that the results certttedl indicate wmpllance with the ( ontract Documents 9 13 s The limitations upon tuthority and p/ 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 No Z 2 Permanent main office address 14 MOVy�'�"ONIj AVF, $er-Movd ,02 &2513 3 When organized IATOT1 4 If a corporation, where incorporated (547iO rcuj o 5 How many years have you been engaged in th contracting business under your present firm or trade name?(X Yecus 6 Contracts on hand (Schedule these, showing the amount of each 7 General cha acter of Work performed by your company 8 Have you ever failed to complete any Work awarded to you? If so where and why? 9 Have your ever defaulted on a contract? If so, where and why? f4o 10 Are you debarred by any government agency? If yes list agency name N0 Rov I W=07 Section 00420 Page 1 reslxmstb lity set forth in this paragraph ) 13 shall also apply to EN(,IFFEERs Consultants, Resident Project Representative and assistants ARTICLE 10 CHANGES IN I IER OR6 101 Without invalidating the Agreement and without notice to inv surly OWNER may at any time or from time to time order additions delet,ons or revisions in the Work Such additions deletions or revisions will be authorized by e W ntten Amendru nt a ( hange Order or a Work Change Directivo Upon receipt of any such document ( ONTRA( TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contriot Documents (except as others ue specifically provided) 10 _ It OWAILR and CON TRACTOR are unable to agree as to the extent, if anv of an adjustment in the Contract Price or an adjustment of the Contract Tmncs that should be allowed as a result of a Work ( hange Dlrectiye t claim may be made therefor as provided in Article l l or VtIcle 1_ 10 3 ( ONTRA( FUR shall not be entitled to an increase in th Contract Prae or an xtonsion of the Contract Immes with respect to Inc, Work performed that is not required by the (ontract Documents as amended modified and supplemented as provided in paragraphs 3 � and 3 o except in the case of an emergency as poi ided in paragraph 6'_1 or in the case of uncovering Work as provided in paragraph 13 ) 104 OWNER and (ONTRA( IOR shall execute appropriate ( hange Orders recommended by LN( INLER for Written Amendments) covering 10 4 I ch arises in the Work which are (0 ordered by OWNER pursuant to paragraph 10 1 171) required because of wceptane,e of defecine Work under paagraph 13 13 or coaecnng tkfe live W oilk under paragraph 13 14 or (m) agreed to by the parties 104 _ changes in the ( ontract Rae or ( ontmct I ones wtuch are agreed to by the parties and 1043 changes in the ( ontract Rice or ( ontract Tamps which embody the substance of any written decision render it by ENbINEER pursuant to paragraph 9 11 prov ided that in lieu of executing uny such ( hange Order an appeal ni be taken from anv such decision in iccordsnce with the pro% isions of the Contract Documents and applicable Laws and Regulations but during any such appeal CONTRAC [OR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 019 P) s If notice of anv change sffceting the general scope of the Work or the provisions of the Contract Documents EICD( OENER%I C0NDIT10Fsx 191081 t990Ethi wi w(=OF FORT COLT INSMODIFiCATIONs(RF41 (100) (including but not limited to Contract Price or Contract Times) is required by the provisions of am, Bond to be siv n to a surety the giving of any such notice will be CON FRA( IOR s responsibdtty and the amount of each npplcable Bond will be adlusted accordingly 1RTICLE 11 CI-LANGE OF CONTRACT PRICE I11 the (Ctmiract Rice Wilisaules the total compensation (subject to authorized adjustments) pmv able to ( ONTRACTOR for pertorna g thc Work UI dmILS responsibilities and obligations assigned to of undertaken by( ONTRA( TOR shall be at( ONTRAC TORS expense without change in the Contract Price I I'_ the Contact Nice may only he changed by s ( hange Order or by n Written Amendment any claim for an adjustment in the ( ontract Price shall be based on written notice delivered by the party mekms the claim to the other party and to FN(,INFFR promptly (but in no event pater than thirty days) after the stint of the occurrence or event giving rise to the clams and statmg the general natureof th claim Notice of the amount of thc claim with supporta 1, data shall be delivered within sixty days after the start of such OLenrrene or event (unless EN( FNELR dhows adihtional time for claimantto submit additional or more accur tte data in support of the claim) and shall be accompanied by elamuam s written stat tit nt that the adjustment claimed covers all known amounts to which thc claimant Is LmIled as a result of said occurrence or event All claims for adlustincnt in the Contour Price shall be determined by FNCiINIbR in accordance with parasrapholl if OWNER and ( ONTRACTOR cannot otherwise igreo on the amount invoh ed No clan for an adjustment in the Contract Prrcc will be v alid if not submitted in iaordance w nth this paragraph 11 11 1 The %alue of any Work covered by s Change Order or of anv claim for an adjustment in the ( ontract Price w dl be determined as follows 11 31 where the Work mvol%ed is covered by unit priccs contained in the Contract Documents by apphcation of such unit prices to thc qu mtihes of the it ins invoked (subject to the provisions of paragraphs 11 0 1 through 11 9 3 inclusive) 11 3 2 where the Work involved is not covered by unit prices contained in the ( ontract Documents bv a mutually agreed payment basis including lump sum (which may mcludc an allowance for overhead ind profit not necessarily in accordance with paragraph 1 16 _) 1133 where the Work inyoivedis not covered by unit prices contained in the Contract Documents and asreement to a lump sum is not reached under paragraph I I i 2 on the basis of the ( cst of the Work (determined as provided in paragraphs 11 4 and 11 5) plus a (ONTRX IORs fee for overhead and profit (determined as provided in paragaph 11 6) C ou othee IP ork 11 4 1 he tort Cost of the W ork means the sum of all costs necessarily incurred and paid by CON IRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER such costs shall IV in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include my of the costs it mr<ed in Paragraph 11 5 It 4 1 Payroll costs for Lmplovoes in the curect employ A CONTRA( TOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents foremen and other personnel emploved full time at the site Payroll costs tot employees not employed Lull time on the Work shall be apportioned on the basis of their me spent on the W ork payroll costs shall tae4aile-butamt be lanced to- salaries and wages plus the ost of fringe benefits which shall include sacral security contributions unamplovmcnt, eymsL and payroll tapes workers compensation health 8n,1 FetaremxYH benefits eriuses s applicable thereto the expenses of performing Work after regular working hours on Saturday Sunday or legal holidays shall be included in the above to the extent authorized by OWNER 11 42 Cost of all materials and egmpmcnt turmshcd And incorporated in the Work including costs of transportation and storage thcreot and Suppliers held sLnices rcgmred in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits hinds with CONTRACTOR with which to make pavments, in which case the cash duccunts shall same to OWNER All trade discounts rebates and refunds and returns front sale of surplus materials and equipment shall accrue to OWNER and (ON1RA(CTOR shall make provisions so that they may be obtained 11 43 Payments made by CONTRACTOR to the Subcontractors for Work iscrormed or funmshLd by SulAgntrad(ns Il taloned by OWNER 4 CJCDCCFlaMAL( ONDITo( 19108(19906dmom w/ (l R Or F(1R r COLLI N5 MODIFi( ATIONS (RF V 4 000) CON IRACTOR shall obtain Lompehhye bids from Subcontractors acceptable to OWNER and (ONTRACTOR and shall deliver such bids to OWNER who will then determ me with the advice of ENUIlNLR which bids if any will be accepted If any subcontract provides that the Subcontractor m to be paid on the hash of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as ( ON 1 RACTORs Cast of the Work and tee as provided in paragraphs 11 4 11 s t 1 (r and 11 7 Al subcontracts shall be subject to the other provisions of the ( ontraLt Documents insofar as applicable 1144 Costs of slxual consultants (including but not limited to engineers architects testing laboratories surveyors attorneys and accountants) employed for servmes specificaliv related to the W ork 11 4 s Supplemental costs including the fiollowmg 11 4 , 1 The proportion of n LLSSarV transportation, travel and subsistence expenses of CONTRACTOKs emplovees incurred in discharge of duties c onnect d w ith the td ors. 114 s2 Cost including trmsportatmn and mamtenancL tf all materals, supplies, equipment marhmery appliances ottme and temporary facilities at the site and hand tools not owned by the workers w hich are consumed in the performance of the Work and cost less market i slue of such items used but not consumed which remain the property of CON 1 RACTOR 114 s 3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CON I RACTOR or others in accordance with rental agreements approved by OWNER with the idvice of EN( INEER and th costs of transportation, loading unloading installation, damaralum and removal thereof all in accordance with terms of said rental agreements I he rental of any such equipment maehmery or parts shall cease when the use thereof is no longer necessary for the \5 ors. 1 l 4 s 4 Sal s consumer use a similar rases related to the Work and lot which (OAIRACTOR is hablc unposLd by Laws and Regulations 114 5 5 Deposits lost for causes other than negligence of ( ONrRA( TOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts anv of them may he ]table and royalty Nvinents and lees for permits and licenses 11 4 ) 6 Losses and damages (and related expenses) caused by damagL to the Work not compensatLd by insur race or otherwise sustained by CONTR\CTOR in connwtion with the performance and famishing of the Work (except losses and damages within the deductible amounts of propertv insurance esublished by OWNER in accordance with paragraph 9) prosided they have resulted from causes other than the neghgencc of CONTRACTOR, anv Subcontractor or anyone directly or indirectly employed by anv of them or for chose acts am of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages And expenses shall be included in the ( ost of the Work for the purpose of determining ( ONTRA( 1 ORs foe if however any such lass or damage requires reconstruction and ( ONTRA( TOR is placed in charge thereof ( ONTRA( TOR shall be paid tot services a tee proportionate to that stated in paragraph 11 6 2 114 5 7 The coast of utihhes, fuel and sanhlarv, facilities it the site 11 4 5 8 Minor expens s such as telegrams long distance telephone calls telephone service It the site expressage and small it peftv cash items in connection with the W ork 114 59 Cast of premiums for additional Bonds and insurance required because of hanger in the W ork 11 The terns ( ost of the Work shall not include any of the following 1151 Payroll costs and other eompens'alon of (ONfRA(TOR s officers executives principals (of partnership snd sole proprietorships) general managers engmeus, architects estimators, sttomeys Auditors Accountants purchasing and contracting agents e%pediters timekeepers clerks And other personnel cmploved In C ONTRACTOR whether at the site or in CONTRACTORS principal or s branch office for general Admuustration of the Work and not specifically included in the agreed upon schedule of lob classifications retmed to in paragraph 11 4 1 or specifically cov red by paragraph 11 44—ad of which are to be considered adulloSt atwe posts covered by the CONTRA(IORsfe 11 ) 2 Fxpenses of ( ONTRA( IORs principal and branch ollrces other than ( ONTRA( FORS u11ice at the site 11 A Any part of CONIRACTORs capital expenses including Interest on CONt RACTORb capital employed for the Work and charges against ( ON I R 1CTOR for delinquent payments 11 5 4 Cost of premiums for all Bonds and for all insurance whether or not ( ON I RACTOR is required by the Contract DOLUmentl to purchase and maintain the same (except for the cost of premiums cov red by subpamgmph It 4 � Li iboa ) FICD( ( FVLR4 C014EA 0NS 1910R (1990Eat ) C1 I I OF FOR I( OLL1V1 MOD1F1( ATIONS (RF% 4 20011) 11 i 5 C osts due to the negligence of ( ONTRACTOR my Subcontractor or anyone directly or indircetly employed by any of them or for whose acts any of them may be liable moludme but not limited to the correction of defectne Work disposal of materials or equipment wmri�,ly suppli d and making good any damage to property I s 6 Other oar erhead or general expense costs of any kind and the costs of any Item not specdlcalIN and expressly included In paragmph 11 4 11 6 1he ( ONIRACTOR, fee allowed to ( ON FR V( I OR for overhead and protit shill be determined as tollows 11 6 1 s mumalh acceptable fixed fee or 11 62 it a fixed fee is not agreed upon then A fee basal on the lollowmg pcmentages of th various portions of the Cost of the Work 1162 1 for costs mcurrul under paragraphs 114 1 and 113 _ the C ON t RA( TOR s fee shall be htteen percent 11622 for costs incurred under paragraph 11 41 the CONTRA( CI ORs lee shall be fivo p went 11623 where one or more tiers of subcontracts are on the basis of ( List of the bt ork plus a tee and no fixed fee is igreed upon, the intent of paragaphs 11 41 1142 11 4 t and 11 6' Is that the Subcontrictor who actually performs or furnishes the Work at wh LWN er tier will he paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11 41 and 11 4 2 and that ms higher tier Subcontractor and CON t RACTOR will each be paid a teeeN+va perraiFof-amouriFptud to 44 .,f to he tie ohstcd m eood f ndi tin h the OWNER but not to exceed five percent of the amount paid to the next lower her Subcontractor 11 6 ^_ 4 no tee sh ill be p tyable on the basis of costs itemized under p ¢Agraphs 114 4 114 and 1 I 11 6 _ 5 th amount of credit to be allowed bt CONTRACTOR to OWNER for any change which results at i net decrease in cost will be the amount of the actual net decrease in List plus a deduction in ( ONTRA( TORS fee by an amount equal to five percent of such net decrease and 11 6 _ 6 when both additions and credits are invoked in anv one change the idlustment in CONTRAC I ORs fee shall be computed on the basis of the net change in accordance with paragraphs 11 0_ I through 11 6 ^_ 5 mclus t o 11 7 Whenev r the cost of any Work is to be ^S determined pursuant to paragraphs 11 q and 11 C ( ONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash dllmvaneev 11 8 It is understood that ( ONI RACI OR has included in the ( ontract Price all allowances so named in the ( ontract Documents and shall cause the Work so co,ered to he furnished and Performed for such sums as may be acceptahle to OWNER and ENUrTEER ( ONIRACTOR a6res that 11 s 1 the allowances include the cost to (ON I RA( I OR (less any applicable trade discounts) of materials and equipment required by the allowances to he delln Bred at the site and all applicable Cates and 1 1 8 ^ CON I RAC FOR s costs for unloading and handling on the site lalror installation costs, overhead profit and other expenses contemplated for th, allowances hale been included in the ( ontract Price and not in the allowances and no demand for idditional payment on account of any of the forgoing will be valid Prior to limit pay aLnt. an appropnat, Change Order will be issued as recommended by LN FNEER to reflect actual amounts due ( ON1 RA( TOR on account of Work covered by allowances and the (ontract Price shall be corespondmbly adjusted 119 fait Price WruA 11 91 Where the Contract Documents prov ice that all or part of the Work is to be Fault Price Work, initially the Contract Price will be deemed to include for all Cmt Price Work an amount equal to the sum of the ,stablished unit prices for each separately identihcd item of Unit Pnce Work times the estimated quantal, of each item as mdicand in th, Agreem,nt The estimated quantifies of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison in Bids and determining an initial Contract Price Determinations of the actual quarhuet and olassitrcauons of Unit Price Rork performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 910 1192 Ei,h unit price will be d„med to Include an amount considered 1 , CON FRA(TOR to be adequate to cov,r ( ONTRACTORs overh ad and profit for each separately identified item 1193OWNER or CONTRA(TOR min, make a claim for an adjustment in the ( ontract Price in accordance with Article 11 of I 1 q 3 1 the quantity of aro item of Unit Prrce Work performed by CONTRACTOR differs materially and sgnifieantl, from the estimated quantity of such item mcheatcd in the Age ment r1CDC GFNERU ( ONDITIONs 1910 8 (1990 Can, m l `n ICITYOI FORT( OLLINS NIODIII( A910NS(RF\ 4 000) and I1 932 there is no corresponding adjustment with respect to any other item of Work and 11013 it CONTRACTOR beh,ses than (ONIRACTOR is entitled to an increase in Contract Price as a result of ha,i% incurred adchtional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to ago, as to the amount of any such increase or decrease 11g 3 3 ( ONTRA( TOR acknowledges that the OW\TFR has the right to add or delete items In the Aid or change quantities at OWNERS sole discretion without affectm the he ( ontmet Price of any remaining item so long as the deletion or tddmion does not exceed twenty For percent of the ong_mal total (ontract Prm ARTICLE 12 CHANGE OF CONTRACT TIMES 121 The ( ontract Limes (or Vhlestonesi may only be changed by a (lunge Order or a Written am aidnient Mny clamp for an idjustment of th Contract Tim (or \Llestones) shall he based on written notice delivered by the party makm6 the clam to the other party and to ENUINFER promptly (but In no event later than thirty days) alter the occurrence of the event gn inb rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data shall be delivered within sixty days alter such occurrence (unless EN( INEER allows additional time to ascertain more accurate data in support of the clams) and shall be accompanied by the claunants written statement that the adjustment claimed is the entire adjustment to which the larmant has reason to bellow, it Is entitled as a result of the occurrent, of said vent All claims for adjustment tit thc ( ontract Times i or Milestones) shall be determined by EN( INFER in accordance with paragraph O 11 it OWNER and CONTRA( FOR cannot otherwise agree No claim for an adjustment in thc ( ontract Tum,s (or Milestones) w ill be valid of not submitted in wcordanoe with the requucments of this paragraph 12 1 12 _ All time Iinuts stated in the ( ontract Documents are of d, essence of the \6r,ement 123 Where (ON FR4(.I OR is prevented From completing any part of th, Work wllhan thc Contract 1 tines (or Milestones) due to delav beyond the control of ( ON TRACTOR the Contract 1 ones (or Milestones) will to extended in an amount equal to time lost due to such delay it a claim is made therefor as prosided m paragraph 121 Delays beyond the control of CON I RA( TOR shall include but not be limited to acts or neglect b, OWNER actsornegle,tofuulity ownersor other ccntraixors }xsforming other work as contemplated by Mrtmlc7 Fires floods pademics ibnomtal weather conditions or a,ts of God Delays attnbutabl, to and within the control of a Subcontractor or Supplier shall be deemed to he delays within the control of ( ONTRACTOR 1-4 Where (ONFRV(TOR is prevented from completing my part of the Work within the( ontract 1 Imes (or Milestones) due to delay bevond the control of both OWNER and CON I RACI OR an extension of the Contract Times (or Milestones) in an 'mount equal to the time lost due to such delay shall be CONTRA( rORs sole Ind etclusive remedy for such delay In no eient shall OWNER be liable to ( CONTRA( TOR any Subavrtrrictor any Supplier any other person or orgamzatium or to any surety for or emplovee or agent of any of them for damsges ansing out of or asulting from (1) delays caused by or within the control of the CONTRACTOR, or (it) del ivs beyond the control of both parties including but not limited to fires Floods epidemics Ibnormal weather conditions acts of God or acts or neglect by utihtt ownem or other contractors perform mg other w ork as contemplated by -Article 7 ARTICLE 13 TESTS A.\D INSPECTIONS (ORRFCTIOtN REMON AL OR ACCEPTANCE Of DEFECTIVE W ORIc 13 1 Notice of Defects Prompt notice of all dejeetivc Work of which OWNER or FNGINFER have actual knowledge will he gnen to (ONIRA( TOR All dejecnve Work may he rejected corrected i r accepted as provided in tlus '\rttcle 13 4ccen to fl,ork 13_ OWNER EN GIN I ER. ENGINEER s Consultants, other representatives rind personnel of OWNER independent testing Iribom crates and gov emmental agencies with Jurisdictional interests w ill have Iccess to the Work it %�'� time for their observation, mspeehnb and testing ( ONTRA( TOR shall provide them proper and safe conditions for such access and advise them of CON I RAC PORa site sifters, procedures and progr mis so that they may comply therewith as applicable Tests andlnnpecnons 111 CONTRACIOR shall give LN( INELR timely notice of readiness of the Work for all r qutred inspections tests or ipprovals and shall cooperlte with inspection and testing personnel to facilitate required inspections or tests 134 OWNFR shall employ and pay for the services of in independent testing laboratory to perform all inspections, tests, or approvals required by the ( ontrlct Documents except 1341 for inspections tests or approvals caered by paragraph 13 5 below 1342 that costs mcurrcd In connection w rah tests or inspections conductLd pursuant to pirigraph 13 Q FJ(D( CFNERAI CONDITIONS 19108(1990Eat am w 0 n OFFORI COLT INS MODIFI( ATI( I,N /4 aura) below Shall be paid as provided in said parWiph 13 Q and 1343 as otherwise specificrilh provided in the Contract Documents 13 s If Laws or Regulations of anv public body having jurisdiction require any Wort. (or part thcrent) specifically to be inspected, tested or approved by an employee or other representative of such public bodv CON rRAC I OR shall assume full responsibility for rirrangmg Ind obtaining such inspections tests or approv als, pat III costs it connection therewith Ind furnish LN( INELR the roqulred certificates of inspection or appra at CONTRA( FOR shall also he responsible fox Itranl,lng and obtriunng and shall pas, all costs in connection with any inspections tests or approvals required for OWNFRs and ENGNEER s acceptance of materials or equipment to be incorporated in the W ork cr of materials mix designs or equipment submitted for approval poor to ( ONTRACTORs purchase thereof for inenrlxtration in the W ork 136 If any Work (or the work of others) that is to be inspected tested or approved is covered by (CONTRACTOR without writun concurrence of I N( M'LR it must, if requested by CNUINFFR be uncovered for observation 13 7 uncovering Work as provided in Fnragraph I t 6 shrill be it ( ON FR V( I OR s expense unless ( ONIRA( TOR has gn cn FNGINFFR turi notloe of CONTRA( IORs intention to cover the saute and I N( NEFR has not relied with reasonable promptness in response to such notice I nem enng N ork 1 S If anv Work is covered contrary to the written request of ENGINEER it muss, if requested by ENUNEER be uncovered for ENGINEERS observation and replaced at CONTRACTOR s expense 13 Q if EN( NEFR consalers it necessary or advisable that covered Work be observed by ENGNEER or map ted or tested by others CONTRACTOR, at FNGINFFRs request, shall uncover expose or otherwise make, available tot obsenahon inspection or usnnl_ as ENUNEER may require thit portion of the Work On question, furmshmg all necessary labor material and equipment If it is Found that such Work is de%cine CONTRACTOR shall pay ill clamor costs losses and data iges caused by arising out of or resulting from such uncovering xposure observation mspcction and testing Ind of satisfactory replacement or reconstruction (including but not )united to all costs of repair or replacement of work of others) Ind OWNER shall be entitled to in appropriate decrease in the ('enact Price and it the parties are unable to agree as to the amount thereof mas, make a claim therefor as provided m Article I If however such Work is not found to be defeotne ( ONTRA(TOR shall be allowed an inereaso in the ( ontrict Price or an extension of the Contract Times for Milestones) or both, dir edy auributible to such '7 uncovering exposure obsennttan inspection, testing replacement and reconstruction and if the parties are unable to agree as to the smount or extent thereof ( ONTRACTOR may make a claim therefor as provided in Articles 11 and 1_ OWAF R Uay Stop the Work 1310 if the Work is defechie or CON rRA(CI OR flails to supply sufficient skilled workers or suitable materials or equipment or fads to furnish or perform the W ork in Socha way that the completed Work will conform to the Contract Documents OWNFR may order CONTRACTOR to stop th Work or sny portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the W ode shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of ( ON TRACI OR or am starch or other partv Correction or Removal ofDefechve Work h 11 If required by LN(INEER CONTRACTOR shall promptly as directed, ether correct all defectii Work whether or not fabricated installed or completed or if the Work has been rejected by EN(INEER remove it from the site and replace it with Work thit is not defective ( ONTRA( TOR shall pav all clauns costs, losses and damages caused by or resulting from such correction or rcmoval (including but not limited to ill costs of repair or replacement of work of others) 13 12 ( orrectran Penod 13 12 1 It within oae-year twoNears after the date of Substantal ( ompletwn or such longer period of time as mire he prescribed by Laws or Regulations or by the terms it anv applicable special guarantee required by the Contract Documents or by sny specific pro%wion of the Contract Documents my Work is found to be def chve ( ONTRA( fOR shall promptly without cost to OWNER and in wcordance with OWNERS wnttcn uvstruetions (y correct such defective W ork, or if it has been rejected by OWNER remove it local the site and replace it with Work that is not clefeci ve and (it) satisfactorily correct or remo%e and replace anv damage to other Work or the w ork of others resulting therefrom It CON] RAC IOR does not promptly oomph with the terms of such Instructions or in an emergency where delav would cause serious risk of loss or damage OWNER may have the eiefecni e Work corrected or the r jetted W ork removed snd replaced and all claims costs, losses and dam tires caused b% or resulting Gom such remoal and replacement tmcludrrg but not limit it to all costs of r pair or replacement of work of others) will be Wald by ( ONTRA( TOR 131_2 In special circumstances "here a particular Item of equipment rs placed in continuous service before Substantial Completion of all the Work the correction period for that Item may start to run from an either date it so provided in the Specifications or by W ritten Am ndment 13 12 3 Wh re dele live Work land damage to otht LA DC CENTRAL C ONDITIOVS 19108(1990 F6t,a, w (11Y OF I( RT CO! LI NS M VDIFIC MONS (REV 41 000) Work resulting therefrom) has been corrected removed or replaced under this paragraph I 12 the correction period hereunder with respect to such Work will be extended for an additional period of ens-a=aar two yews after such correction or removal and replacement has been satisfactorily compteted Ieceplanee ofDefechve ILork 13 13 If Instead of requiring correction or removal and replacement of defevfie Work OWNER (snd prior to b NGNEFRs recommendation of final payment, also EN( WEER) prefers to accept A OWNER may do so ( ONTR A( TOR shall pay all claims costs, tosses snd damages attributable to OWNERs evaluation of and determination to accept such defective W ork (such costs to be approved b% EN( INTLR is to reasonableness) If sny such acceptance occurs prior to EN( NLLRs recommendation of final payment, a Chan6e Order will be issued inwrporatm6 the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Promo and it the parties are unable to agree is to the smoura thereof OW N b R may make a claim therefor as provided in Article 1 I It the acceptance occurs Ater such recommendation, an appropriate amount will be paid by ( ON 1 R ACTOR to OWNFR 0i4'!ER Mai Correct Defechi e A ork 13 14 If ( ON I RA( -TOR tills within a rewonable time after written notice from P N ( INTER to corrut dele toe bl oik or to remove and replace rejected Work is required by FNC IN FER in accordance with paragraph 1 i 1 I or if ( ONTRA( TOR fads to perform the W ork in accordance with the Contmct Documents or d ( ON FRAC I OR fads to comply vvrth any other provision of the Contmct Documents OWNER may after seven days written notice to CON I RAC I OR correct and remedy anv such deficiency In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously In wnnection with such correctl%c and rcinedlal oLhon, OWNER in Iy exclude CONTRACTOR from all or part of the site take possession of all or pirt of the lDork and suspend CONI RACTORs services related thereto take possession of CONTRACTORS tools applianoes construction equipment and machinery at the site and incorporate in the Work all materials and equipment stor I at the site or for which OWNER has pad ( ON I RACTOR but which are stored elsewhere CONIRACTOR shall allow OWNER, OWNERS representatives igents and employees OWNERS other contractors and FN(INFFR and FN( INbFRs ( onsultants access to the sit, to enable OWNER to esercise the rights snd remedies under this paragraph All cl Imts costs losses and damages Incurred or sustained by OWNER in eNercislnt, such rights and remedies w ill be charged against ( ONTRA( TOR snd s Change Order "ill be issued inwrpomhng the necessary revisions in the Contract Documents "uh respect to the Work and OWNT,R shall be entitled to in appropriate decrease in the Contract Price snd if the parties are unable to agree is to the smount thereof OWNER mas make a d ImI therelor is provided in knicle 1 I Such claims costs 1 xises and damages will include but not be limited to all costs of repa¢ or replacement of work of others destroyed or lamaged by correction, removal or replacement of ( ONTRA( TORS defeetne Work CONTRACTOR shall not be allowed an eetension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OW'NFR of OWNERS rights and remedies hereunder ARTICI E 14 PAYMENTS TO CONTRACTOR AND COMPI FTION Schcrhrle of I aluet 141 the schedule of values established as provided in paragraph "_' 9 w ill serve as the basis for progress payments and will be incorporated into a torm of Application for Pament acceptable to FNGINFFR Progress payments on account of L tat Price Work will be based on the number of units completed 4pplication for Progress Payment 14 At least twenty days before the date established for each progress pavment (but not more often than once a month) ( ONTRACTOR shall submit to ENGINEER for rei iew an Application for Payment filled out and signed by ( ON I R V( 7 OR covering the W ork completed as of the date of the Application and accontpamrd hN such supporting, dcx,umentation as is required by the Conuaot Documents If pavment is requested on the basis of materials and equipment not incorporated in the Work but delivered and scuable stored at the site or at another location agreed to in writing the \pplieation for Payment shall also be accompanied by a bill of sale imolce or other documentation warrantine that OWNER has received the materials and equipment free and clear of all Liens and widence that the materials and quipment arc covered be appr( prate Proper insurance and other arrangements to protect OWNERS interest thcrem all of which will bo satislactory to OWNER The amount of retain age with respect to progress payments will be as stipulated in the Agreement An' funds that an, withheld by the OWNER shill not he subject to subst tenon by the ( )N lRA( TOR with seeunties or any rat ments im oh Ing an escrow or custodianship By exeoutin the apple aeon for oav n ii form the CON I KX TOR expressly w rives his right to the bcnents of ( olorado Re%isect Statutes.-t, chon 24 91 101 t Sect ( 0 \TR4( TOR s Warranty of Tide 14 3 ( ( 7N7 RACTOR warrants and guarantees that title to all Work materials and equipment cotered by anv Application for Payment whether incorporated in the Project or not will pass to OWNER no later than the time of payment Gee and clear of all Liens Reuen of 4ppdeanons for I rogress Payment 144 LNGINEER will within ten dais after ruzipt of c ach Application for Payment either indicate in wnnng a CJCD( GEVFR U CONDITIONS 19108 o 990 Ebo i wi (TTY OF FORT( OI LINS MODICI( A rIONS MFti 4 >000) recommendation of payment and present the Application to OWNER or return the Applrcamon to CON rRA( TOR indtoatmg in writing ENGINEERS reasons for rcfusmg to recommend payment In the litter case CONTRA( TOR mau make the necessary corrections and resubmit the Application Tcn days after presentation of the Application for Payment to OWNER with ENUNFFRs recommendation, the amount recommended will (subject to the pros Ismns of the last sentence of paragraph 14 7) became due and when due will be paid by OWNER to (ONTRACTOR 14, PNCINLFR% recommendation of any payment requested in an Application for Payment w ill constitute a representation bN ENGNEFR to OWNER haled on FNUINEERs on site observations of the executed 1%ork as an experienced and qualified design professioml and on FNGINFERs review of the Application for Pavment and the accompanying dam and schedules that to the best of ENGINEER s know 14 informationandbehct 1451 the Work has progressed to the point mdreated 14 s _ the quaht, of the W ork is generally in accordane with the Cor at Docuunents (subject to an evaluation of the Work as a functiom% whole prior to or upon Substantial Completion to the results of ins, subsequent tests called for in th Contract Documents to a Emil determination of quantities and classifications for Unit Price Work under paragraph 4 10 and to am other qualifications stated in the recommendation) and 14 s 3 the conditions precedent to (ONTRA( IORs being entitled to such payment appear to have been tulfilled insofar is it is ENCINEER s responsibility to observe the W ork However by recommending anv such payment ENGINEER will not thereby be deemed to have represented that u) exhaustive or continuous m site mspcchons have been made to check the quality or the quantity of the Work beyond the responsibilities specrfically assigned to LNUINELR in the Contrid Documents or py that there may not be other matt rs or ['sues between the parties that might entitle (ONTRAC 1 OR to be paid additionally be OWNER or enntlo OWNER to withhold payment to ( ONTRACTOR 14o ENGINEERS recommendation of any pasmont including final payment, shall not mean that ENGINEER is responsible for CONIRAC[ORs means methods techniques scquen es or procedures of construction, or the satety precautions and programs incident thereto or for any failure of CON I RAC TOR to comph with Laws and Regulations appli able to the furnishing or pertormance of Work or for anti failure of CONTRACTOR to perform or furnish Work in accordance with the( ontrict Documents 147 ENC WEER may refuse to recommend the whole or anv part of am pavment if in ENGINEERS opnnon, it would be incorrect to make the rTr seal coons to ,) OWNER referred to in paragraph la 5 EN( INFER may also refuse to recommend any suchpaymenl or hecause of subsequenth discovered evidence or the results of subsequent inspections or tests nullifv anv such Payment previously recommended, to such extent as may be necessary in ENGINEERS opuuon to protect OWNER from loss because 147 1 the Work is d feane or completed Work has been damaged requiring correction or replacement 1471 the Contract Price has been reduced by W nttent Amendment or ( hange Order 1473 OWNLR has been required to correct def cave W ork or complete Work in accordance with paragraph I , 14 or 1474 FN( 1NFFR has actual knowledge of the ccurrence of any of the events cnumeratLd in pemyaphs 15 ' 1 through 15 i 4 Inclusive OWNER may refuse to make payment of the full imount recommended by EN( NEER because 1475 damns hive been mad igarnst OWNER on account of ( ON I R A( TOR s performance or turruchng of the Work 1476 Liens have been filed in connection with the Work except where CONTRACI OR has delivered a specific Bond satisfactory to OWNER to secure the satisf anon and dacha ge of such I tern 14 7 7 there are other items entitling OWNER to a set otiagamst the amount recommended, or 147E OWNER has actual knowledge of the Occurrence of any, of the events enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 ' 1 through 1 S _ 4 mclusivc but OWNER must give CONTRACTOR immediate written nottce (with a .,ow to FNGINEFR) slating the reasons lot such iotion and promptly pars, C ONTRACT OR the amount so withheld or any adjustment thereto igreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects 10 OWNERs sansfaction the reasons for such action Substantial (amplenon 14 s When ( ONE RACTOR considers the entire Work ready for its Intended use C ONTRA( f OR shill notify OWNLR and EN( iNLLR in writing that the entire Work is substantially complete (except for items spewhcalty fisted by ( OV TRACTOR as incomplete) and request that PN(,INFFR issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER (ON TRA( TOR and EN( INFER shall make an inspection of the Work to deternune the status of completion If FNGINFER does not consider the Work substantially complete ENGINEER will notify CONTRA( TOR in writing giving the r asons therefor If ENGINEER 30 r1CDCCFNLRV CONMITTON4191n SI1990r�nan) w Cl rY OF FORT COI I INS MIiDIFICA I IONS (REV 4/2000) considers the W ork substantially complete PNGINELR will prepare and deliver to OW NER a tentative certificate of Subsianttal Completion which shall fie the date of Subsmnttal Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before find payment OWNER shall have seven days after receipt of the tentative certificate during which to male written objection to EN( INFFR as to any provisions of the certificate or attached list If after considering such objections ENGINEER concludes that the Work is not substarl conIPletL FN(,INFER will within tourteen days after submission of the tentative certificate to OWNFR nonfv ('ONTRA( f OR in writing stating the reasons therefor If after Lonsidcmnon of OWNERS objections F.N( WEER considers the Work substantially complete EN(INEER will within said fourteen days execute and deliver to OWNER and CONTRA((FOR a definitive certificate of Substantial I cmpleton (with a revised tentative list of Items to be completed or corrected) reflecting such changes from the tentative certificate as F',6INEFR believes justified after consideration of any objections from OWNER At the time of delivery of the tentatrvc certificate of Substantial Completion FNANIFER will deliver to OWNER and C ON TRAC 1 OR a written recommendation as to division OF responsibilities pending final payment Ixtween OWNFR and ( ONIRACTOR with respect to secuniv Operation, safety maintenance heat, utilities, Insurance and warrannes and gotrantecs Unlss OWNER and ( ( 7N1 RACTOR agree otherwise in writing and so inform FN( INFER In writing prior N PN(,INFERs issumg the definitne certificate of Substantial ( ompletion LN( NLERs aforesaid recommendation will be bmdmf, on OWNER and ( ONTRA( TOR until timi payment 14 ) OWNFR shall have the light to exclude (ONTRACIOR from the Work after the date of substantial (ompletion, but OWNER shall allow ( ONIRACTOR. reasonable access to complete or correct items on the tenant e list. Partial I hk,ahan 1410 Ilse by OkVNLR at OWNFRs option of any substantially completed part of the Work, which p) has specifically b en identified in the Contract DocumLin, or (n) OWNER FNCANEER rod CON ERA( FOR igrne constitutes I separately functioning and usable pan of the Work that can be used by OWNER for its mt nded purpose without significant interference with CONIRAC[ORs performance of the r mamdcr of the Work may be accomplished prior to Substantial ( ompletion of all the Work subject to the following 14101 OWNER it any time may request CON IRA( I OR in writing to permit OWNER to use any such inn of the W crk which OWNFR Iselin es to be ready for its intended use and suhstantallt complete If CONTRACTOR agrees that such part of [tie Work is substantially complete CON IRA( FOR will certity to OWNER and I'MANFFR that such pint of the Work is substantially complete and request EN(,INTER to issue a certificate of Substantial Completion for that part of the W ork ( ON rRA( rOR at anytime may notity OWNER and FNU INTER in writing that ( ONTRA( TOR considers any such part of the Work r adv for Its intended use and substantially complete and request ENUINEER to issue a cernfieate of Substantial Completion for that Part of the Work Within a reasonable tune alter either such request, OWNER CONTRACTOR and ETIGNEFR shall make an inspection of that part of the Work to determine Its status of completion If PN(rNLb R does not consider that part of the lA ork to th, substanfiafly complete LN( NLFR will notify OWNER and CONTRACTOR In wntirig giv Ing the reasons therefor It FNGIA FFR considers that part of the Work to be substantially complet the provisions of paragraphs 14 8 and 14 q will apph with respect to certification of Substantial ( ompletion of that part of the Work and the do iston of responsibility In respect thereof and access thereto 14 102 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 1 z in respect of property insurance Final Inspection 14 11 Upon written notice from ( ONTRA( rOR that the entire Work or an agreed portion thereof is complete ENGINEER will make I final inspection with OWNER and CON IRA( I OR and will notify CONTRA( TOR in writing of all particulars in which this Inspection revesls that the W ork is Incomplete or dets to e ( ONI RACTOR shall unmeehawly take such measures as are necessary to complete such work or remedy such deficiencies Final 4ppinanon for Payment 1411 After ( ONTRA( TOR has completed all such corrections to the satisfaehon of ENUNLER and deln Bred M aLWrdanee with the (ontract Documents all maintLwnce and operating Instructions, schedules guarantees, Bonds, certificates or other evidence of msurmce required by par tgraph 14 certificates of Inspection, marked up record documents (as provided in paragraph61o) and other (Imoments, CONTRACTOR may make application for final payment following the procedure for progress pavments The tinal Application for Pivmcm shall be aaompamed ( \cept as pretously detnered) by (i)all d�cunrentatimr called for in the ( ontra..t Documents mcluchng but not limited to the ewicienee of insurance required by subparagraph5413 Ili) consent of the surety it any to final payment, and (nil complete and legally effective releases or uaioers (satistactory to OWNER) of all Li ins ansing out of or III d in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CON I R \( I OR may furnish receipts of releases in full and affidavit of ( ONTRA( TOR that (I) the releases and receipts mdude all labor sexy ices matenal and equipment for which a Lien could be filed, and (it)all pavrolls material and equipment bills and other mdehtedness Lonlrectcd with the Work for which OWNER or OWNFR s property in ibht in any way be responsible hag e been paid or otherwise satisfied If any Subcontractor or Supplier fads UCD( CEVFRAI CONDIT[ONS191"09901]6t ni v (1 IY OF tORT COI r INS MODIM ATIONS (REV 42000) to tarnish such a release or receipt in full ( ONI RACIOR may furnish a Bond or other collateral sttistactory to OWNER to indemmh OWNER against any Lien Releases or warvers of (lens and the consent of the Sorel% to fmmize Pay or are to be submitted on forms conformin to the lormat of thL OWNERS standard forms bound ai the Prolea manual Final Pavment andAcceptanee 1413 If on the basis of ENUINFERs obscnation of the Work during consiructi(n and final inspection and PNUNFER s re% tew of the lint Application for Pay meat and accompariving documentation as required by the ( ontract Documents FNGINFFR is satisfied that the Work has 1xen completed and CON f RA( I ORs other obligations under the (ontract Documents have been fulfilled ENGNEERwdI within ten days after receipt of the final Application for Payment indicate in writing ENUINEERs recommendation of payment and presint the Application to OWNER for payment At the same time LNG NLER will also go, e written notice to OWNER and ( ONIRACTOR that the Work Is acceptable subject to the provisions of paragraph14lS Otherwise ENUNLER will return the application to CONTRACTOR indicating in writing the reasons for refusing to recommend tmal payment in which case ( ONE RACTOR shall make the necessary correctoro and resubmit the Application Thirty day s attcr presentation to OW'vER of the Application and accompanying documentation in appropriate torn and substance and with FNUfN'ERs recommendation and notice of aceepmbihh the imount recmomended lib LNGNFFR will lecome due and will he paid by OWNER to ( ON I RA( TOR subject to paragraph 17 6 of these I,eneral( onditions 1414 If through no fault of ( ONTRA( TOR final completion of the Work is sigmtrcandy delaved and it LNUNEER so contimis OWNER shall upon receipt of CONTRACTORS final Application for Pavment and acommondation of FNUNFER and without terminating the \greoment make pavment of the balarr e due for that portion of the Work tullv completed and iccepred If the rema ping balance 10 be held by OWNER for Work not fully completed or corrected Is less than the retalnago stipulated in the Agreement, and If Bonds have been turmshed as required in paragraph C I the written consent Of the lurch to the payment of the Mlance due for that jxirtlon of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appheation for such payment Such pavment shall be made under the terms and conditions governing final payment, (\Lept that It shall not eonstitut a waiver of claims Waver of( taints 141 s The making and acceptance of final payment wdl constitute 14 U I a waiver of all claims by OWNER 16atmt CONTRACTOR, cscept (fauns ansing from unsettled Lt(ns From defectne Work sppeirmg afia 31 final inspection pursuant to paragraph 14 11 from failure to comply w ith the ( ontract Documents or the Icons of any special guarantees specified therem, or trom CONTRA( I OR s continuing obligations under the( ontract Documents and 14 la _ A waver of all claims by CONTRACTOR against OWNFR other than those previously made in writing and still unsettled ARTICLE 15- St SPLINSION OF INORK AND TERNITN A I ION OR'VER Itaj Suspend Rork 191 At an} time and without cause O1VNbR may suspend the W ork or any portion thereof for a penal of not more than mnety days by notice in writing to CON FRAC FOR and ENGINEER which will fix the date on which Work will he resumed CONTRACTOR shall resume the Work on the date so taxed ( ON fRA( TOR shall be allowed an adjustment in the Contract Price or an xt warrant of the Contract Tunes or both, rhrectfv ittributable to am such suspension if CONTRA( TOR makes an approved claim therelor as provided in Articles I and 12 ORNPR IMF Terminate 1 s _ t port the occurrence of anv one or more of the tollowina ev ents I s 2 I if ( ONTRA( t OR persistently Rids to perturm the Work in accordance with the (ontract Documents (including but not limited to failure to supply sufficient skilled workers or suitable materials or equipment or - Failure to adhere to the progress schedule established under pragmph29 as Idjusted from time to tune pursuant to paragraph 6 6) I s ^_ it CON 1 R ACTOR drsre&rds Laws or Regulations of min public body havingjurisdiction 1 s 1 3 it ( ONTRA( FOR disregards the authontm of ENGINEER or Is _ 4 if ( ON1 RACTOR otherwise violates in anv substantial way any provisions call the ( ontract Documents OWNER may alter giving (ON FRA( IOR (and dac surety it any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of ( ONTRA( TOR exclude CONTRACTOR from the site and tale possession of the Work and of all ( ONTRAC TORS tools appLances construction equipment and machinery at the site and use the same to the lull extent they could be used by CON RACTOR (without hat din to CONTRA( TOR for trespass or converslonl mcorporatc in the Work all materials and equipment stored at the site or for which OWNER has p aid 0MC GENFR 4t COr tD[TiOVS 1910 S (I990 L Lt a ) 32 sc OrFORT( OLLINSMODIFI(\a IONr,MIV4'00m CONTRA(TOR but which are stored elsewhere and finush the War k as OWNER may deem expedient In u h cas CONTRA( TOR shall not be entitled to ru.en e any bother pavmtent until the Work Is hashed It the unpaid balance of the Contract Price exceeds all cl tuns costs, losses and damages sustained by OWNER arising out of or resulting from cam pletmg the W ork such excess w ill be paid to CONTRACTOR If such claims costs, losses and damages exceed m.h rmpatd balance (ONI RAC FOR shall pay the difference to OWNFR Such claims costs losses and damages incurred by OWNER will be reviewed by FNGINFFR as to thew reasonableness and when so approved by [INGINhFR incorporated m a ( hwnge Order provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obt ram the lowest price tot the Work pertonmed I , Where CONTRA( TORS services have been so terminated by OWNFR the termination will not atfeot anv rights or remedies of OIb NER against CONTRACTOR then existing or which may thereafter rRL1Ue Any retention or pavmem at moneys due CONTRACTOR by OWNER will not release CON I RA( TOR tram It U4 Upon seven days written notice to CONTRACTOR and fFR,NEFR (AV'sER may without cause and without preludree to am other right or rem dy of OWNER olect to tcrminals the Agroemem In such cite CONTRACTOR shall be paid (wahout duplication of anv items) 1 s 41 for completed and acceptable Work executed In accordance with the ( ontract Documents poor to the etfeemve date of termination including fair and reasonahle sums for overhead and profit on such lb ork I 42 for expenses sustained prior to the etFecme date of termination in performing services and tarnishing labor materials or equipment as required by the Contract Documents In connection with uncomplet d Work plus Lair and reascmablc sums for ov erhead and profit on such expenses 1)43 tot all clainhs costs, losses and damages mourned in settlement of terminated contracts with Subcontractors Suppliers and others ind 1 s 44 liar reasonable expenses directly altributahle to termination CONTRA( IOR shall not be paid ( n account of loss of aRUcipated profits or r venue or other economic loss ansmg out at or resulting tram such termination ( O \TRI CFOR IfaV Stop 14 ork or Cernunate 1 s ) It through no act or fault of ( ON I RAC 1 OR, the Work Is suspended for a period of more than mnery class by OWNER or under an order of wort or other public mthoriq or EN( INEER fads to act on any Application Far Pa\ment within thwty class after it is submitted or OWNER tails for fair[, days to pay CONTRACTOR anv 11 List the more important projects recently completed by your company stating the approximate cost of each and the month and year completed 12 List your major eqqul1ipment ava1,11aa1��1e1 fQQr this contract 11 1 i _�_-A __i...A. rf.\ 12..1_ini-'�Y.AC�FivdC }"r... +-s�nrf Loa Ae.1i_ 13 Experience in construction Work similar in importance to this project �bvNIJ��VIGi ou�►'riPu1 ¢ 7i1� �er C 1 lu ✓[�n,�, lAr 1Mf,- COA✓l 14 Background and experience of the principal members of your organization including officers __II 15 16 Credit available $ � Bank reference COAS E �N � �+1��L� 1 LorAvi Emmons (g�=1S2.1 17 Will you upon request fill out a furnish any other intgrmation that 1 C3 detailed financial statement and may be required by the OWNER? 18 19 Are you licensed as a General CONTRACTOR? teS If yes in what city, county nd state?-g p b What class license and numbers? C�aSS C. Do you ll' anticipate subcontracting Work under this Contract? IV D If yes, what percent of total contract? and to whom? 20 Are any lawsuits pending against you or your firm at this time, IP yes, DETAIL N0 Rev 10/20107 Section 00420 Page 2 sum finally determined to bL due then ( ONTRAC FOR may upon seven days written notice to OWNER and L''NUINEhR, and provided OWNER or ENUINEER donut remedv such suspension or failure within that time terminate the Agreement and recover from OWNER pavmicnt on the same terms as provided in paragraph 1, 4 In lieu of terminating the Agreement and without prejudice to am other right or remedy if ENCFNEER has failed to act on an Application for Payment within tlurtv days after it is submitted or OWNER has faded for thirty days to pm ( ONTR WTOR any sum hnally determined to he due ( ONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRA( TOR including interest thereon The provisions of this paragraph 155 are not intended to preclude CONTRACTOR from making Llama under Articles I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage dieLth attributable to CON I RAC f OR s stopping Work as pimitted be this paragraph ARTICLE 16 DISPUTE RESOLUTION It and to the extent that OWNER and CON IRA( IOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement such dispute resolution method and procedure if any shall be is set forth in FxhibitC( \ Dispute Resolution Agreement to he attached hereto and made a part hereof If no such agreement on the method and procedure for resohing such disputes has been reached and subject to the provisions of paragraphs v 10 r) 11 and Q 1_ OW NFR and ('ON I RACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of anv dispute ARTICLE 17—NIISCFI LANFOUS Going \once 171 Whenever any provision of the Contract Documents requu s the giving of written noticL it will be deemed to has e been vandly g1v en if deln erect in person to die mdly [dual or to a mcmb�of the tuni or to an othcor of the uxporation for whom it is intended or if deln cred at or sent by registered or certified mad postage prepaid to the last busmess address ]mown to thL 6)y er or the notice 172 ( oniputahon of Time 1711 When any period of time is referred to in the ( ontract Documents by days it will be computed to exclude the fast and inLpude the last day of such period If the last day of any such jxnod falls on a Saturday or Sunday or on a day made a Icgal hohdav by the law of the applicable jurisdiction such day will bL omith_d tr lilt thL computation FJMC CFMRIL Coxranoss I I o 4 11990 F h,,a, C1 FYOF FORT( OLLINs VODnIOAT[CNs(M 4 0001 17 .. 2 A calendar day of twenty four hours measured from midnight to the next midnight will coni a day \once of ( larm 17 3 Should OWNER or ( ONTR ACTOR suit r injury or clamage to person or property because of am error omission or act of the other party or of any of the other Party employees or agents or others for whose acts the ether party is legally liable claim will be made in writing to the other party within a reasonable time of the first obscnance of such injury or damage I he provisions of this paragraph 17 3 shall not be construed as a substitute lot or a wavier of the provisions of any applicable statute of limitations or repose ( umulahr a Remedies 174 the duties and obligations imposed by these U neral Conditions and the rights and remuhes ay ailable hereunder to the parties hereto and in particular but without limitation the wtrianles guarantees and obligations unposed upon (ONTRACTOR to parigraphs6 T' 6 to 630 631 6 12 111 13 L'_ 1314 14 i and 15 2 and all of the rights and remedies available to ( )WNER and ENUINEER thereunder are in addition to and are not to be construed in anv wav as a ]initiation of anv rights and remedies available to any or all of them which are otherwise unposed or avadabk by Laws or Regulations by special wanrmty or guarantee of bi other I row talons of the ( ontraLt Documents and the provisions of this paragraph will be as eflective as if repeated spuafically In [tic ( onlract Documents in connection with each particular duty obltaation, right and rented% to which they apply Profervmnai F eesand( ourt ( ovts Included 17, Whenev er retercnce is made to claim, costs losses and damages it shall include in each case but not be limited to all fees and charges of engmeers architects, attorneys and other professionals and all court or irbitration or other dispute resolution costs 176_ The laws t the State of Colorado apply to the ,%Lreenrnt ReterenLe to tw o perhn nt Colorad i statutes are as follows 1762 If a claim is Filed, OWNER is required b law (C R1 38'6 107) to withheld from all payme is t( ( ON TRACTOR sufficient funds W insure the payment of all elamis for labor materials team hire sustenance pros tston5 provender or oth2 suD lies used or comumed by CONTRACTOR or his 33 94 CJCDCGENERU CONDITIOVS I9108(1990,h,, w <1 FY OF FOR F COLI INS MODER ATIOM (REV J'000) 0 his pa6e left blank intentionally I FICD( CENLRV CONDITIONS1910-8(1990Fdt,.) 3s Won OF FORTCOLT INS MODIFICATIONSBF 1 4 000I 3b EA DC GENRR U CONDITIONS 1910 8 (1990 E b,h ) w f I FY OF FORT (OI LINS MODIEIC IRONS (RP b 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Bebreen OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNFR and CONTRACTOR hereby agree that Article 16 of the General Conditions of the ( onstruction ( ontract between OW NFR and ( ONl RA( IOR is am tided to Include the following agreement of the parties 161 All clams disputes and other matters in question bent een OWNER and C ON I RAC I OR arising out of or r I ding to the ( ontmct Documents or the breach thereof (except for claims which hay e been waived by the making or acceptance of final payment as provided by paragr rph 14 15) will be decided by arbitration an accordance with the Construction Industry Arbitration Rules of the American Arbitration Association th n obtaining subject to the limitations of the Article 16 I his agreement so to arbitrate and any other agreement or consent to arbitrate cnlered into in accordance herewith is provided in this ,article 16 will be specifically enforceable under the pre%ailing law of any court having Jurisdiction I No demand for arbitration of any claim dispute or other matter that is required to be referred to ENGINEER amtitlly for decision in accordance ivmh paragraph Q 11 will he made until the earlier of (a) the date on which Ft\61l\FFR has rendered a y%ntten decision or (b) the thirty first day after the parties Ism c presented then ev idene to HNGINHFR if a written decision has not been tendered by FN( INHF'R before that date No demand for arbitration of anv such dawn dispute or other matter will be made later than kart, days alter the date on which ENGINEER has rendered t written decision in respeot thereof in accordane with paragraph Q 1 l and the failure to demand arbitration within said thirty days period will result in ENuTNEERs decision bLing final and banding upon OWNER ind CONTRA( TOR If ENGINEER renders a decision after arbitration proceedings hie been initiated- such decision ma% be entered as evidence but my Ill not supersede the arbitration poxeedmgs, except where the decision IS acceptable to the parties concerned No demand for arbitration of anv written cecnion of ENGINEER rendered in accordance with paragraph Q 10 will be made later than ten day s after the parts making such demand has deliver it written notice of intention to appeal as provided in paragraph Q 10 163 Nonce of the der and for arbttntion will be Filed in writing with the other party to the ,agreement and with the Anmeriemt Arbitration Assuctanon, Mild copy will be sent to FNGINFFR for information The demand for arbitration will be made within the thirty-d ty or ten day period specified in paragraph 16 � as applicable and in all other cases within a reasonable time ifter the shun dispute or other matter in question has arisen and in no event shall My such demand be made itter the date whdn institution of legal or equit talc proceedings based on such cl tun dispute or other matter in question would be Mind by the ipplicabte statute of limitations FKFC GENERAL CONDITIONS 1910 S 11990 Edmond w CM OF FORT COLLINS MODIFICATIONS (REV 999) l6 4 H\cept as provided in paragraph 16 below no arbitration arising out of or relating to the ( ontmet Documents shall include by consolidation joinder or in am other manner any other person or entin (mcludmg ENGINEER ENGINEERs ( omultant and the officers ehrcotors agents employees or consultants of any of them) who is not a party to this contract unless 16 4 1 the mclusron of such other person or entity is necessary It complete relief is to be afforded among those who an, already panics to the arbitration and 1642 such other person or entity is substantially Involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings and 1643 the written consent of the other person or entity sought to be Included and of OWNER and ( ONTRA(,TOR his been obtaincd for such inclusion which consent shall make specific reference to this paragraph but no Such eunsent shall constitute consent to arbitration of am dispute not spcmfically described in such consent or to arbitration itith any partv not specifically identified an suoh consent 16S Notwithstanding paragraph 164 it a slain chspute or other matter in question between OIdNLR and ( ONTRa(CTOR mwbes the 1Wrk of I Jubcontrtctor either OWNER or CONIPA( MR may join such Suhcontrictor as a party to the arbitration between OW NFR and CONTRACTOR hereunder (ONTRACIOR shall include in all Subcontracts required by paragraph 6 11 r specific provision wherebv the Subcontractor consents to being joined in an arbitration hemeen OWNFR and (ONfRACTOR invohme the Work of such Subcontrrctor Nothing in thin paragraph 10 \ nor in the pro; ision of such subcontract consenting to joinder shall create any claim right or cause of action in favor of Subcontractor and against OWNT,R, LN(,dsdTR or ENGINEERS( onsultants that d mesnotothcrwtso exist 166 Inc [ward rendered by the arbitrators will be final judgment may he entered upon it in am court ha%mg jurisdiction thereof and it will not be subject to modih anon or appeal 167 OWNER and CON I RA( l OR ago, that they shall first submit any and all unscttlul Jatms counterclaims disputes and other matter m question beMecn th in arising out of or relating to the Contract Documents or the breach th reof ( chsputes ) to mediation by the American Arbitration ASSOLIanOn under the Construction Industry 1vLcdadhOur Rules nit the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs tad through Ina unless dela% in tmtiating arbitration could irrevocably prejudice one of the parties The respective Linty Ind ten day time limits within which to file a demand for arbitration as provtded in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dtSputd submitted to mediation within those Same applicable time limits and shall remain suspended until ten days after the krmmation of the mcdh,tton The n iuor of any dispute submmed t m mediation under this Agreement shall not sen e as arbitratcr of such dispute and ss othcrw isc agreed EJCD( CENERAI CONDITIONS 1910 R (1990 Edmom w CI CY JF PORE C OLLINS MODIFIC ll IONS (REV 9 94) (CAI SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-4 2 Subsurface and Physical Conditions A Add the following language to paragraph 4 2 1 of the General Conditions 4 2 1 1 1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data interpretations or opinions contained therein or upon the completeness of any information in the report B 4 2 1 2 1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4 3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows Rev 10/20/07 Section 00800 Page 1 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1,000 000 combined single limits (CSL) This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 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) SC-12 3 Add the following language to the end of paragraph 12 3 Contractor will include in the project schedule zero days lost due to abnormal weather conditions Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 Class t1 ¢ g a 3oa (Ac Perms' 3v 0 Us"e.- so K- w L wtas�� class G �sok- ��Pusu-' 100 k Per ccr-VrA.nc' 2S K vo c44LMa 21 What are the limits of your public liability? D TAIL What company oo < 4 L:5c✓I 22 What 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 Q Dated at J 50 PK^ this 2-1 day of Ft)K,' 2006 �OrA*Ar(�aAC-''4f, �.nc Name of Bidder By Title J State of c,-" Cab County of Lao -I ✓'Aer duly sworn deposes and says that he and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and pefore me this zl day of 1 C�'� 20DE7 My Not Mycpmmwom—Zow 05/05MO Rev10/20/07 Section 00420 Page 3 SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL - OF THIS CHANGE ORDER TOTAL C 0 - OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) $ 00 0 00 0 00 0 00 $ 0 00 ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager REVIE16ED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30,000 cc City Clerk Contractor Pro]ect File Architect Engineer Purchasing Rev 10/20/07 Section 00930 Page 1 NUMBER 1 2 3 Sp.rtinn nnetin 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 DATE Net Change by Change Order AMOUNT $0 00 The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retainage Less 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 M Payment of the above Amount Due This Application has been reviewed by the OWNER S Project Manager Date a Payment of the above Amount Due This Application is approved by the OWNER be CL10R uu`)bu Page 1 $0 00 $0 00 4 11 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Item Month Periods Date Materials Total This Earned Percent Unit Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 2 CHANGE ORDERS Bid Item Number Description Quantity Units Unit Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty Amount Qty Amount City Amount Stored Materials This Period PAGE 3 OF 4 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 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number ^J. —be Desc, ipt,on mppuc ation Penoa 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 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10t of the contract ITM( Section 00430 Page 1 T T II Tip YIN Z I as I a 4" — �I i : 'i I I i �~ I i �s , i� g" I i r i 0 a` � 0 �_ a � I � t � � ¢�ii # � a �„i c � �`E ~ �� Y LL ; I �' R gg � g d °' — I � gg �� E i����S9���S @ yy S� i gg li���������� E.»e .... 88 ** & i��� g'I�����9�g o��ooao��oo'� �� o ���.—...wig �� \ ( / \9 / \ \ � I, / a F §_ \ + )!n \ |� ` { [[ LL � • I / ( (, t \ , || \ � � � \ � t \ } \� \ \ / \ � / k , � ( , : I / \ , \ \ � � Z / I | z r ! �9L \ , � [[ \� u / | |! ! (- :lDupb, !lgg2g! � �mmmmr \ SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 3 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00320 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date March 21, 2008 TO Northstar Concrete, Inc PROJECT 6088 Concrete Maintenance Project -Phase II OWNER CITY OF FORT COLLINS (hereinafter referred to as 'the OWNER") You are hereby notified that your Bid dated March 11, 2008 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6088 Concrete Maintenance Project -Phase II This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, crosspans aprons, drive approaches, inlets, concrete pavement, and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins Related traffic control is also included This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end The Price of your Agreement is Four Hundred Thirty Eight Thousand Six Hundred Sixty Three Dollars and Seventy Five Cents ($438,663 75) 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 April 7 2008 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will Section 00510 Page 1 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 M City of Fort Collins Jafes B O'Neill, II, CPPO, FNIGP N Director of Purchasing & Risk Management 7/96 Section 00510 Page 2 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the March day of 21 in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Northstar Conrete Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6088 Concrete Maintenance Project -Phase II and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins Engineering Division, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 Contract Period This Agreement shall commence April 18, 2008, and shall continue in full force until April 17, 2009, unless sooner terminated as herein provided In addition at the option of the City, the agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing 3 2 The Work shall be Substantially Complete within sixty five (65) consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Ninety Five (95) consecutive working days after the date when the Contract Times commence to run 3 3 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified Section 00520 Page 1 in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 1) Substantial Completion One Thousand Dollars ($1000) for each calendar day or fraction thereof that expires after the Sixty Five (65) consecutive working day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Thirty (30) consecutive working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($Four Hundred Thirty Eight Thousand, Six Hundred Sixty Three Dollars and Seventy Five Cents ), $438,663 75 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 Page 2 Section 00520 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 5s of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100- of the Work completed 90- of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95- of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with Section 00520 Page 3 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 conditions of the Contract Documents 6 6 CONTRACTOR has given conflicts, errors or discrepancies Contract Documents and the written acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS ENGINEER written notice of that he has discovered in resolution thereof by ENGINEER all the is 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions and such other items as are referenced in this Article 7 all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment Section 00520 Page 4 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows Curb and Gutter 701 Curb, Gutter, and Sidewalk D-6 Median (Island) Curbs 703 Standard Driveway Approach (I & II) 706 Standard Driveway Approach (III & IV) 707 Street Intersection Crosspan 708 Drainage Under Sidewalk 709 Curb Inlet 4' Opening - Vertical Curb & Gutter D-7a, 7b Curb Inlet 4' Opening - Driveover Curb & Gutter D-8a, 8b Concrete Sidewalk Culvert D-12, 13 Area Inlet D-9a Modified Type 13 Inlet Alley Intersections 803 Standard Manhole Cover 1201 Standard Sidewalk 1601 Sidewalk Detail 1602 Access Ramp Details 1603 Detached Walk/Intersection Detail 1604 Detached Walk/Intersection Detail 1605 Pedestrian Ramp Detail 1606 Residential Local Street Access Ramps 1606(a) Truncated Dome Warning for Access Ramps 1607 Median Islands and Pedestrian Refuge Area 1608 Sidewalk Widening Details 2501 Concrete Pavement Joints M-412-1 The Contract Drawings shall be stamped Final for Construction and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers n/a to n/a, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions Section 00520 Page 3 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 0 CITY OF FORT COLLINS By JAMES 'NE LL II, CPPO, FNIGP DIP, OR OF PURCHASING AND RISK MANAGEMENT Att� City Clerk Address for giving notices P O Box 580 Fort Collins, CO 80522 CONTRACTOR No IN Titl Date Attest ta,.i� Concrete, Inc Address for giving notices LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6088 Concrete Maintenance Project -Phase II To Northstar Concrete, Inc This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within calendar days from receipt of this notice as required by the Agreement Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , 20 and , 20 , respectively City of Fort Collins OWNER In Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Northstar Concrete, Inc MA Title Section 00530 Page 1 SECTION 00020 INVITATION TO BID Date February 19, 2208 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 March 11, 2008, for the Concrete Maintenance Project -Phase II BID NO 6088 If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524 If mailed, the mailing address is P 0 Box 580, Fort Collins, CO 80522-0580 At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6088 Concrete Maintenance Project -Phase II This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches, inlets, concrete pavement, and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins Related traffic control is also included This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Contract Documents will be available February 19, 2008 A prebid conference and lob walk with representatives of prospective Bidders will be held at 10 00 a m , on February 26, 2008, at 215 N Mason Conference Room 2E (Training Room), 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 Rev 10/20/07 Section 00020 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 590794 KNOW ALL MEN BY THESE PRESENTS that Northstar Concrete, Inc (Address) PO Box v Berthoud Co 80515 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the Principal' and Inland Insurance Company PO Box 80468 Lincoln NE 68501 (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 Four Hundred Thirty Eight Thousand Six Hundred Sixty Three and 75/100(S43866375) 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 21 day of March, 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6088 Concrete Maintenance Project -Phase II 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 Rev 10/20ro7 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 31st day of March 2008 IN PR CE (Corporate Seal) IN PRESENCE OF IN PREIlS^E..N..C..E OF Principal Northstar Concrete Inc Other Partners i By By 11 Surety Inland Insurance Company By�t..r.. q Fenny Vrxare gaorney In rac[ PO Box 80468 Lincoln NE 68501 (Address) (StffAety Seal) �.' - pi4ta! of Bond dust not be prior to date of Agreement ,+ r,r ,,,,Jee CONTRACTOR is Partnership, all partners should execute Bond Rev 10n0/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No 590794 KNOW ALL MEN BY THESE PRESENTS that Northstar Concrete, Inc (Address) PO BoxY Berthoud C080515 (an Individual), (a Partnership), (a Corporation) hereinafter referred to as the "Principal" and Inland Insurance Company PO Box 80468 Lincoln NE 68501 North Star Concrete, Inc (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) yhereinafter referred to as "the OWNER' , in the penal sum of Three and751100(y43a°ss3n�?sa a s.H" areasxry 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 21 day of March 2008 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6088 Concrete Maintenance Project -Phase II 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 10/20ro7 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 81st day of March 2008 IN PRES OF (Corporate Seal) IN PRESENCE OF Principal Northstar LOA (Tit e) P O B x Y Ber houd CO 80515 (Ad ress) Other Partners IN P�R�E�S�E�N'CE° OF Surety Inland Insurance Company i r Pinny ur a �oMyln— lNdnkss v i PO Box 80468 Lincoln NE 68501 ^� � (Address) (�Urety' �$Ial) NOW Afite of Bond must not be prior to date of Agreement 1, If CONTRACTOR is Partnership, all partners should execute Bond Rw10120107 Section 00615 Page 2 INLAND INSURANCE COMPANY Lincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the INLAND INSURANCE COMPANY a corporation of the State of Nebraska having its pnnmpal once in the City of Lincoln Nebraska, pursuant to the following Bylaw which was adopted by the Board of Directors of the said Company on July 23 1981 to wit Article VSection 6 RESIDENT OFFICERS AND ATTORNEYS IN FACT The President or any Vice President acting wth any Secretary or Assistant Secretary shall have the authority to appoint Resident Vice Presidents and Attorneys -fir Fact with the power and authority to sign execute acknowledge and deliver on its behalf as Surety Any and all undertakings of suretyship and to affix thereto are corporate seal of the corporation The President or any Vice President acting with any Secretary or Assistant Secretary shall also have the authority to remove and revoke the authority of any such appointee at any time does hereby make constitute and appoint William C Bensler or Donald B Martin or Connie K Boston or Kelly T Urwiller or Penny R Burkard Greeley Colorado its true and lawful Attomey(s}in-Fact to make execute seal and deliver for and on its behalf as Surety Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon said Company as fully and amply to all intents and purposes as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln Nebraska, in their own persons The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAND INSURANCE COMPANY held on July 23 1981 RESOLVED That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V-Section 6 of the Company Bylaws and that any such Power of Attorney beating such facsimile signatures including the facsimile signature of a certifying Assrstant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond undertaking or contract of suretyship to which it is attached All authority hereby conferred shall remain in full force and effect until terminated by the Company IN WITNESS WHEREOF INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 261h day of September 10 06 INLAND INSURANCE COMPANY CORPCMI Secretary By Vice President sux State of Nebraska a NIs County of Lancaster On this 26th day of September 20 06 before me personally came Curtis L Hamer to me known who being by me duly swom did depose and say that (s)he resides inf L the County oancaster State of Nebraska that (s)he is the Via President of the INLAND INSURANCE COMPANY the corporation described in and which executed the above instrument that (s)he knows the seal of the said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said corporation that (s)he signed (his) (her) name by like order and that Bylaw Article VSection 6 adopted by the Board ofDirecturs of said Company referred to in the preceding instrument is now in force My Commission Expires Febmary 16 1010 Notary Public vla 6 GENERAL NOTARY State of Nebraska TARA MARTIN My Comm Eap Feb 16 2010 I Cheryl A Brown, Assistant Secretary of INLAAID 7riSVYtSGNC COMPANY do hereby cemfy, that the above and foregoing is a true and carted copy of a Power of Attorney executed by said INLAND INSUR4NCF CObskA wfth is still in full force and ffect R�xQ, Signed and sealed at the City ofLmcoln *bWkk this�a day of 20AA -- C'&, Assistant Secretary CONTRACTOR Insurance SECTION 00630 CERTIFICATE OF INSURANCE shall insert his own standard form for Certificate of Rev 10/20/07 Page 1 Section 00630 ClientR ARMS WmRCT1 ACORD- CERTIFICATE OF LIABILITY INSURANCE 0410210e°°""" PF4000ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood i Peterson Ms Inc ONLY AND CONFERS NO RIGHTS UPON THE COtIIFICATE P 0 Boa 578 HOLDER. Tim; CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1667 W 18BI Sirrlet Gr44ley CO 80632 INSURERS AFFORDING COVERAGE NAIC I INSURED NorOatar Concrete, Inc. and MaMole INSURER A Trawlers Insurance Company INSURERI R Pinnscol Assurance PO BOXY Berthoud CO 80513-0738 INSURER C I/IBIIRER D INNlRLii E THE POLICIES OF WSLRANCE LISTED BELOW HAVE BEEN ISSUED TO THE 945MD NAMED ABOVE FOR THE POLICY PERIOD INOCATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICES DESCRIED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS MR LTR =IYPEOF NBIaAMCE POLICY NIYEII a T ImlITt A GENERALLASIUm DTC04984C634 me/07 04me EACHOCGMREMCE S7 00 X COM ERCML GENERAL uABUTY E TO RENTED t OO CLAW MADE a OCCUR L P N PH t 000 PERBONALSADV INJURY t, ,000,000 X PD Ded Z300 GENERALAGCREGATE t OOO 000 GENT AGGREGATE UMRAPPLIES PER PRODUCTS COLPrOPAGG SZOOO,000 POUGY P0.0• LOG A AMTOYOBHE X LMBIffY ANY AUTO OT6104884C834 04/25107 0412WO COMBINED 3I1YGIE UMIT (6�ocgslt) 61000000 BODILY INJURY IPwwYml t ALLOWIED AUTOS N:HEDIAEO Au*os BODILY INURY IPxamaP,A) t X X HIRED AUTOS NON9NNED AUTOS PROPERTYDAMAC.F Iftr AF JCPK) t X Drive Other Car GARAGE WAEITY AUTOONLY FAACCIDENT t OTHERTHAN EA ACC AUTOONLY AGO t ANY ADO S A DWSSEBNOMLA LIABILITY DTSUCiUP4984CBU 04120107 04/20/08 EACHOCCURRENCE 61 X OCCUR ❑ DwMSMAOE ADGREGATE t1 00O DOD S f DE)UCTIN.E t X RETENTXW S10000 ISWORNERSOOMPEINATTONAND 410BOOD 07/01/07 07/01/08 X WDaLR oTH- ELIRDYlPr LMNLIIY AMY PROfYL ETORTARINER/EIfECUTIVE E L EACH ACGOENT $500 000 E L ONEA9E EA EMPLOYEE 5500 000 DFFICHBMEMRER EXCLUDE M IT GEvbI„ICt< ELDBEA9E POUCYLINT SSDDBDO DT1E1 DEGCNITION OF OPBIATMIW / LOCATNNIS! YLBNCLFl IFXCIDSgNSADOED BY ENIORBEYENT 1 BPECML PROVNIDMB AN projects all ktcallons The aPoBcaL holder Is Rated so an addift 0Insured on iM general liability N required by written contract 04AWN Per Becky Balled to holder Famed to Becky CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE AWNDUCMM POLICES BE CANCELLED BEFORE THE EXPIRATION Citu.' Of Fort Collins DATETHEREDFTMMWWiNIWMIY/BLONEAYORTOMYL 3B_ DAYBWIUTHN ATTN Erica Keeton NTTX:l1DTHECEXTIPCAR TIOlD6lMANlD TOTHE LIFT BUr EAILWIE TO DOSOSIAIl 281N College AN BNRTGe NOONIGAIRN OR WBLnY OF ANY InID YPON THe NNNER INAGENTSOR Fort Collins, CO 80524 R04I6SENTA7P4M AB�TINRBEDREPREGBR TIME / r� l6.C.t r e 4-tso i RAJ{A/r..4i[JL , %ANf ACORD 26 (20O1Ba) i of 2 OS411231AN04346 NCB a ACORD CORPORATION 1998 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6088 Concrete Maintenance Project -Phase II PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR Northstar Concrete, Inc CONTRACT DATE March 21, 2008 The Work performed under this contract has been inspected by authorized representatives of the OWNER CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents By 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 Rev 10/20/07 Section 00633 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Northstar Concrete Inc 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, 6088 Concrete Maintenance Project -Phase II A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely OWNER Citv of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 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 Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -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 Jam s B O'Neill, II, CPPO, FNIGP ur hasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM Northstar Concrete Inc (CONTRACTOR) PROJECT 6088 Concrete Maintenance Project -Phase II 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 Rev 10/20/07 Section 00650 Page 1 including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this ATTEST Secretary STATE OF COLORADO COUNTY OF LARIMER day of 20 CONTRACTOR Northstar Concrete, Inc ME Title )ss Subscribed and sworn to before me this 20 by Witness my hand and official seal My Commission Expires Notary Public day of Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorac (hereinafter referred to as the "OWNER") CONTRACTOR Northstar Concrete Inc PROJECT 6088 Concrete Maintenance Pro3ect-Phase II CONTRACT DATE March 21, 2008 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) 0 ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Rev 10/20/07 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) Lei UV Nu i vvrti I L IIN I Nib JYAGt 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 89 - 0170-750 (999) $0 00 CONTRACTOR INFORMATION Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mall address Federal Employers Identification Number Bid amount for your contract Fax Number ( Business telephone number Colorado withholdmg 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 contacts 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 construction start dale Estimated Month Day Year completion date I 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 llll 11ll Al rn Tmr i 1v iNv I vv l�l i i D�LV vv l ri13 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 Contractors Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractors 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 contractors 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 00700 GENERAL CONDITIONS GENERAL CONDMONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by usmg the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers iomt Contract Documents Committee EXEC No 1910 b (19% Edition) as a base Changes to that document are shown by underinung text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICA"I IONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DFFTNITIONS I Addenda 12 Agreement 1 3 Apphcation for Pavment 1 4 Asbestos 1 5 Bid 16 Bidding Documents 1 7 Bidding Requirements 18 Bonds 1 4 Change Order 1 10 Contract Documents 1 11 Contract Price 112 Contract Tam es 113 CONTRACTOR 1 14 defeetn e 1 15 Drawtgs 1 16 Effective Date of the Agreement 117 ENGNEER 1 18 ENGNEERs C onsultant 1 19 Field Order 1 20 ocneral Acquirements 1 21 Hazardous Waste 1 22 z Laws and Regulations Lam s or Regulations 122 b Legal Holidays 1 23 I iens 124 Milestone 1 2s Notice of Award 126 Notice to Proceed 127 CIA NER 1 28 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 �2 b Regular Working Hours 133 Resident Project Representative 134 Samples 1 35 Shop Drawings 136 Specifications 137 Subcontractor 138 Substantial Completion 1 39 Supplementaro Conditions 140 Supplier 1 41 Underground Facilities 1 42 Unit Pric Work 1 4 Work 144 Work Change Directive 1 4s Written Amendment Page Article or Paragraph Number Number & Title Page Number 1 PRLLIMINARY MATTERS 3 ] 21 Delivery of Bonds 3 1 2 2 Copies of Documents 3 1 23 Commencement of Contract 1 Times Notice to Proceed 3 1 24 Starting the Work 3 1 2 27 Before Starting Construction 1 CONTRACTOR s Responsibility 1 to Report Prelimmary Schediles 1 Dchtery of Certificates of 1 Insur nice 3 4 1 28 Preeonstructron Conference 4 1 1 29 Initialh Acceptable Schedules 4 1 3 CONTRACT DOCUMENTS INTENT I AMENDING REUSE 4 1 3 1 32 Intent 4 1 33 Reference to standards and Spec 1 fications of Technical Societies 1 Reporting and Resolving Dis 2 crepancies 4 5 - 34 Intent of Certain Terms or Adjective% 5 2 5 Am ending Contract Documents 5 _ 36 Supplementing Contract 2 Documents 5 _ 37 Reuse of Documents 5 _ 4 AVAILABILITY OF LANDS 2 SUBSURFACE AND PHN SICAL CONDE IONS 2 REFERENCE POINTS 5 - 4 1 Availability of Lands 5 6 2 42 Subsurface and Physical 2 Conditions 6 _ 4- 1 Reports and Drawings 6 2 42 2 Lint ited Reliance by CONTRAC 2 TOR Authorized Technical 2 Data 6 2 42 3 Notice of Dithering Subsurface - or Physical Conditions 6 2 4 2 4 ENGINEER s Reviem 6 2 425 Possible Contract Documents Change 6 - 4 2 6 Possible Pnce and Times 2 3 Adjustments 67 3 43 Physical Conditions Underground 3 Fauhties 7 3 4, l Shown or Indicated 7 3 4, 2 Not Shown or Indicated 7 44 Reference Points 7 EJCD6 GENERAL CONDITIONS 1910 8 t1990 FDITIONI W CITY OF FORT COLLINS MODIFIC NTIONS (REV 9 99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4 Asbestos PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTOR s Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal Ib S BONDS AND INSLT2ANC.E S 626 Shop Drawing & Sample Submit 5 1 ' Performance Pavment and Other talc Review by EN6INFER 16 17 Bonds 8 b'_7 Responsibility for Variations 5 j Licensed Sureties and Insurers From Contract Docum ents 17 Certificates of Insurance 8 028 Related Work Performed Prior S4 CONTRACTOR s Liability to ENGHN EER s Rvieu and Insurance 9 Approval of Required 55 OWNERs Liability Insurance 9 Submittals 17 5 b Properh Insurance Q 10 6 ^9 Continuing the Wort. 17 S 7 Boller and Machinery or Addi 630 CONTRACTORS General tional Property Insurance 10 Warr mty and Guarantee 17 S 8 Notice of Cancellation Prouision 10 631 6 3� Indemnification 17 18 S 9 CONTRACTOR s Responsibility 634 Sure ival of Obligations 18 for Deductible Amounts 10 5 10 Other Special Insurance 10 7 OTHER W OFF, is 5 11 Waiver of Rights 11 7 1 73 Rel sled W ork at Site 18 S 12 5 13 Receipt and Application of 74 Coordination 18 Insurance Proceeds 10 11 14 Acceptance of Bonds and Inset 5 OWNER S RFSPONSIBILITIES 18 ante Option to Replace I 8 1 Communications to CON 515 Partial Utilization Properh TRACTOR IS Insurance 11 S _ Replacement of LNGINLER 18 S , Furnish Data andPav Promptly 6 ( ONTRACTOR S RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendence 11 8 4 Lands and Easements Reports 63 6 5 Labor Materials and Equipment 11 12 and Tests 18 19 66 Progress Schedule 12 8 i Insurance 19 67 Substitutes and Or Equal Items S 6 Change Orders 19 CONTRACTOR s Expense 8 7 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 8 8 Stop or Suspend W ork ENCINEERs Evaluation 12 13 Terminate CONTRACTORS 6 8 6 11 Concerning Subcontractors Services 19 Suppliers and Others 8 9 Limitations on OWNER S Waiver of Rights 1314 Responsibilities Io 612 Patent Fees and Royalties 14 S 10 Asbestos PCBs Petroleum 6 13 Permits 14 Hazardous Waste or 6 14 Laws and Regulations 14 Radioactive Material 19 615 Taxes 14 15 8 11 Evidence of Erratical 616 Use of Premises 15 Arrangements to 617 Site Cleanliness 15 618 Safe Structural Loading U q ENbLNEERS STATUS DLIRINh b 19 Record Documents 1U CONSTRUCTION 19 6 _0 Safety and Protection 15 Ib 9 1 OWNRRs Representative 19 6 21 Safety Representative 16 9 2 Visits to Site 19 622 Hazard Communication Programs 16 9 o Project Representative IQ 21 6'3 Emergencies 16 94 C lantications and lnterpre 624 Shop Drawings and Samples 16 tations ^) Q 5 Authorized Variations in Wbrk 21 E1CDC GENERAL CONDITIONS I910 8 0990 EDITION) w, CITS OF FORT COLLINS MODIFF ATIONS (RE1 9 99) SECTION 00100 INSTRUCTIONS TO BIDDERS \rticle or Paragraph Page Article or Paragraph Page g Number R. Title Number Number &Title Number 96 Rejecting Defective Work ^_1 135139 Uncovering Work at ENGi 97 99 Shop Drawings Change Orders NEER s Request 27 28 and Payments 21 U 10 OWNER Mev Stop the Work 28 9 10 Determinations for Unit Prices 21 22 13 11 Correction or Removal of 911 9 12 Decisions on Disputes ENGI Defective Work _S NEER as Initial Interpreter 22 13 12 Correction Period 28 9 13 Limitations on ENGINEERs 13 13 Acceptance ofDefechve Work '_S \uthorlty and Responsibilities 22 23 13 14 OWNER Mav Correct Defechi-e Work 28 29 CHANGES IN THE WORT. 23 10 1 OWNER s Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND Iu 2 Claim for Adjustment 23 COMPLETION 29 11) 3 W ork Not Required by( ontract 141 Schedule of Values '9 Documents 23 142 Application for Progress 104 Change Orders 2, Payment 29 10 S Notification of Surety 23 143 CONTRACTORs W arr mtv of fide 29 CHANGF OF CONTRACT PR1CF 23 144 14 7 Review of Applications for 11 1 11 3 C.ontrsct Price Claim for Progi ess Pavments 29 30 Adjustment \alue of 148 149 Substantial Completion 30 the W ork 2- 24 14 10 Partial Utilization 30 31 11 4 (,ost of the Work 24 25 14 11 Final Inspection 31 11 s Exclusions to ( ost of the Work 2S 14 1° Final Application for Payment 1 11 6 CONTRACTORS Fee 25 14 13 14 14 Final Payment and Acceptance 31 11 7 Cost Records 2) 26 14 1 Waiver of Claims 31 32 11 S Cash Allowances 26 11 9 Unit Price W ork 26 15 SUSPENSION OF WORK AND TERMINATION 3_ CHANGE OF CONTRACT TIMES 26 I)I OWNER May Suspend W ork 32 12 1 Claim for Wjustment 26 152 1S 4 OWNER Mav Terminate 32 12 2 Time of the Essence 26 1> > CONTRACTOR May Stop 12 3 Delays Beyond CONTRA(,TORs Work or Terminate u2 33 ( onlrol 26 27 124 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 13 CONTRACTOR s ( ontrol 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS (ORREC.TION 171 Urving Notice 33 REIv40YAL OR ACCEPTANCE OF 17 2 Computation of Times 33 DEFFC'TIVF W ORK 27 17, Notice of Claim 3 13 1 Notice of Defects 27 174 Cumulatn e Remedies 33 132 Access to the Work 27 17 S Professional Fees and Court 13 3 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 3, 34 134 OWNER s Responsibilities Intentionally left blank 3s Independent Testing Laboratory 27 13 S CONTRACTORS ENHIBIT UC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC Al 136 137 Covering Work Prior to Inspec 161166 Arbitration GC Al lion I esting or Approval 27 16 7 Mediation GC Al EJCDC GENERAL (ONDITIONS 1910 8 (1990 EDITION) w CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Port Collins modifications to the General Conditions of the ( onstruction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 5 14 defean a Work 10 4 l 13 5 13 1, final payment 9 12 14 15 insurance 5 14 other Work by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 W ork by OWNER 2 S o 30 6 34 Access W the Lands OWNER and CONT RACTOR responsibilities 41 site related Work 72 Work 1,2 1314 149 Acts or Omissions Acts and Omissions CONTRACTOR 691 9133 ENGINEER 6 20 9 13 3 OWNER 620 89 Addenda definit ton of (also see definition of Specihcations) (1 6 1 10 6 19) 1 1 Additional Property Insurances 17 Adlustin ents Contract Price or Contract Times 15 3� 41 432 452 453 94 9� 102104 11 1< 148 151 progress schedule 66 Agreement definition of 1 a All Risk Insurance pohcy form S 6 2 Allowances ( ash 11 8 Amending Contract Documents , s Amendment Written in general 1 10 1 45 3 5 5 10 5 12 o 6 2 682 619 101 104 112 121 13122 1472 Appeal OWNER or CONTRACTOR intent to 9 10 9 11 10 4 16 2 16 5 Application for Payment definition of 1, ENGINEERS Responsibility 99 tmal payment 9 13 4 9 13 5 14 L^ 14 15 in general 2 8 ^_ 9 5 6 4 9 10 15 5 progress pavment 141 147 review of 144 147 Arbitration 161 166 Asbestos claims pursuant thereto 4 S 2 45 3 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibility for 4 5 1 8 10 possible price and times change 45 2 Authorized Variations in Work 6 6 25 6 27 9� Availability of Lands 41 S 4 Award Notice of defined 1 25 Before Starting Construction 2 5 2 8 Bid definition of 1 5 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents definition of ib(682) Bidding Requirements definition of 17U 1 4262) Bonds acceptance of 5 14 additional bonds 10 5 11 4 S 9 ( ost of the Work 11 5 4 definition of 1 8 delver} of 21 51 final Application for Payment 14 12 14 14 general 110 51 13 513 913 IOS 1476 Performance P2yinent and Other S 1 Bonds and Insurance in general I Builders risk all risk policy form D 6 2 Cancellation Provisions Insurance 5 4 11 S S 5 15 Cash Allowances I 1 8 C ertificate of Substantial Completion 1 8 6,023 148 1410 Certificates of Inspection 4 13 4 13 S 14 12 Certificates of Insurance 27 5 3 5 4 11 � 4 13 565 8 514 u134 1412 ( hange in Contract Price Cash Allowances 11 8 alarm for price adjustment 41 426 45 CIS 6 S 2 94 95 911 102 105 112 131) 13131, 141471S115c CONTRACTORsfee 116 Cost of the W ork general 11 4 11 7 Exclusions to 11 5 Cost Records 11 7 ingeneral 119 144 911 1042 1043 11 Lump Sum pricing 1112 Notification of Sur tv 10, Scope of 103 104 1 esting and Inspection Uncovering the Work 139 FJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) / = OF FORT COLLINS MODIFICATIONS (REV 9 99) Unit Price Work 119 ( ON"TRACTORs Fee Article or Paragraph Number Value of Wort. Change in Contract Times Claim for times adjustment 41 426 4) 082 94 95 911 102 105 139 1� 13 1314 147 b I Contractual time limits Delays beyond CONTRACTORS control DelavS beyond OWNERS and CONTRACTOR s control Notification of suretv Scope of change Change Orders Acceptance ofDefeetrve Wort. Amending Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work CONTRACTORb fee Cost of the Work Cost Records definition of emergencies FNGINEFRs responsibility Q 8 execution of Indemmfiction 612 Insurance Bonds and OWNERmay terminate OWNERS Responsibila% Physical ( onditions Subsurface and Underground Facilities Record Documents Scope of Change Substitutes Unit Price W ork value of Work covered by Changes in the Work Notification of surety, OWNERS and CONTRACTORS responsibilities Right to an adjustment Scope of change, Claims 113 CONTRACTOR s liability Cost of the Work 15 Decisions on Disputes 121 Dispute Resolution 1s 5 Dispute Resolution Agreement 122 ENGINEER as initial interprefor Lump Sum Pricing 123 Notice of 124 105 103104 13 13 11 8 11 10 11 6 114117 11 7 19 623 104 11 2 121 104 616 6�1 633 5 10 5 13 10 5 152154 86 104 42 412 6 19 103104 673 692 119 11 1 10 105 104 102 103 1104 against CONTRACTOR 6 to against ENGINEER 6 �2 against OWNER 632 Change of Contract Price 94 112 Change of Contract Times 94 121 ( ONTRACTOR s 4 7 1 94 95 9 11 10 2 11 2 11 9 12 1 13 9 148 151 155 173 W. Article or Paragraph Number 4 6 12 o 16 631 11 4 11 5 oil 912 161 161 lfib 911 11 OWNFRs 94 95 911 102 112 121 139 1113 1,14 OWNER s liability OWNER may LofuSC to in ake payment Professional Fees and Court Costs Included request for formal decision on Substitute Items Time Extension Time requirements Unit Price Work b alu, of Watv,s of on Finil Payment W orl. Change DirectiVL written notice required Clarifications and Interpretations Uean Site Codes of Technical Society Organization or Association Commen ement of Contract Times Communications general Hazard Communication Programs Completion Final Application for Payment Final Inspection Final Payment and Acceptance Partial Utilization Substantial Completion Waiver of Claims Computation of Times Concerning Subcontractors Suppliers and Others Conferences initially acceptable schedules preconstruction Conflict Error .ambiguity Discrepancy CONTRACTOR to Report Construction before starting by CONS TRACTOR Construction Machinery Equipment etc Continuing the W ork Contract Documents Amending Bonds 173 11 9 173 i5 147 175 911 071_ 1_1 911 1_1 Ito 11 3 1414 1415 10 911 112 121 363 94 911 6 17 3,3 2� 62 ov2 81 6 22 14 12 1411 14 13 14 14 14 10 138 148149 14 15 1721 172 68oll 19 8 25 332 2527 64 629 104 35 5l Er7DC GENERAL CONDITIONS 1910 3 (1990 EDITION) w CITY OF FORT COLLINS MODIFICATIONS(RLV 9199) Cash Allowances 11 8 Stop Work requirements 4 S 2 CONTRACTORs— Article or Paragraph Number Change of Contract Prue 11 Change of Contract Times 12 ( hanges in the Work 104 10 5 check and v erify 25 Clarifications and Interpretations 3' 36 94 9 11 definition of 1 t0 ENGINEER as initial interpreter of 911 ENGINEER as OWNER s representative 91 genera]3 Insurance s 3 Intent 1 � 4 minor variations in the Work 36 OW NERs responsibility to furnish data 8 3 OWNFRs responsiblity3 to make prompt pavment S 3 144 1413 precedence 3 1 3 3 3 Record Documents 6 19 Referem, to Standards and Specifications of Technical Societies Related Work Reporting and Resolving Discrepancies 2 ) Reuse of Supplementing Term matron of ENGINEER s Employment Unit Price Work variations Visits to Site ENGINEER s Contract Prue adjustment of 3 s 4 Change of Decision on Disputes definition of ( ontract Times adlustm eRt of ( hange of Commencement of definition of CONTRACTOR lccept nice of Insurance Comm unications Continue Work coordination and scheduling definition of Limited Reliance on Technical Data Authorized May Stop W ork or Terminate provide site access to others Safetv and Protection �o 623 72 33 37 16 8, 11 ) 627 92 94 103 11211 11 911 1 11 3) 41 94 103 12 121124 23 1 12 s 14 62 692 629 104 692 1 13 422 Is 72 132 4412616o19 621 623 7 132 Shop Drau mg and Sample Review Prior to Submitt-d 625 Article or Paragraph Num her Compensation 11 1 11 Continuing Obligation 14 Is Defective Work d 6 13 10-13 14 Duty to correct defective W ork 1, 11 Dutl to Report Changes in the Work caused by Em ergenev 623 Defects in Work of Others 7 i Differing conditions 423 Discrepanc} in Documents 2 5 3 3 2 6 14 2 Underground Facilities not indicated 4 3 2 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11 4 s 3 Fee Cost Plus 11 4 6 11 5 1 11 6 General Warrantv and Guarantee 6 30 Hazard Comm unication Programs 622 Indemnification 612 010 631 6,3 Inspection of the W ork 73 134 I abor Matertils and Equipment 6 3 6 5 Laws and Regulations Compliance by 6 14 1 Liabiht) Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Roy allies paid for by 6 12 Performance and Other Bonds s 1 Permits obtained and paid for by 613 Progress Schedule � 6 2 8- 9 6 6 629 104 1)21 Request for formal dectetonon disputes Q 11 Responsibilities (flanges in the Work 101 Concerning Subcontractors Suppliers and Others 6 8 6 11 Continuing the Work 62Q 104 CONTRACTORS expense 671 CONTRACTOR s General Warranty and Guarantee o 30 CONTRACTOR s review prior to Shop Drawing or Sample submittal C25 Coordination of work 6 7 2 Emergencies 623 ENGINEERS evaluation Substitutes or Or Equal Items o 7 For Acts and Omissions of Others 691 692 913 for deductible amounts insurance s Q general o 72 73 b9 Hazardous Communication Programs 622 Indemnific ition 631631 E1CDC GENERAL CONDITIONS 1910 8I1990 EDITIO'4) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9 99) Labor Materials and Equipment 6 , 6 � CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 5 4 10 Liability Insurance 5 4 Contractual Time Limits I^_ 2 Article or Paragraph Number Notice of variation from Contract Documents 627 Patent Fees and Rovalties 612 Permits 6 13 Progress Schedule 66 Record Documents 619 related Work perform od prior to ENGINEER s approi at of required submittals 6 28 safe structural loading 6 IS Satety and Protection 620 72 132 Safety Representative 621 Scheduling the Work 6 0 2 Shop Drawings and Samples o 24 Shop Drawings and Samples Review In ENGINEER o 26 Site Cleanliness 617 Submittal Procedures 625 Substitute Construction Mothods and Procedures 6 7 2 Substitutes and Or Equal Items 6 7 1 Superintendence 02 Supervision 6 1 Sun ival of Obligations 634 Taxes 6 15 Tests and Inspections 1 5 To Report 2 5 Use of Premises 616618 63024 Review Prior to Shop Drawing or Sample Submittal 6 2� Right to adjustment for changes in the Work 102 right to claim 4 7 1 9 4 9 5 9 11 10 � 11 2 119 121 139 14N Iti1 115 173 Safely and Protection 6 20 6 2_ 7 2 13 _ Safety Representative 621 Shop Drawings and Samples Submittals 624629 Special Consultants 11 4 4 Substitute Construction Methods and Procedures 6 7 Substitutes and Or Equal It ms Expense 6 7 1 672 Subcontractors Suppliers and Others 6 8 6 11 Supervision and Superintendence 6 1 62 621 Taxes Payment by 6 15 Use of Premises 6 16 6 18 Warranties and guarantees 6 5 6 30 Ct'arranty of Title 14 Written Notice Required CONTRACTOR stop Work or terminate 15 Reports of Differing Subsurface and Physical Conditions 4 2 3 Substantial Completion NI 14 8 Article or Paragraph Number Coordination CONTRACTOR s responsibil¢v 6 9 2 Copies of Documents Correction Period 13,1^ Correction Removal or Acceptance of Defective Work in general 104 1 13 10 13 14 Acceptance ofDefechve Work 13 13 Correction or Removal of Defective Work 030 13 11 Correction Period 13 12 OWNER May Correct Defechve Work 1314 OWNER Mae Stop Wort, 13 10 ost of Tests and Inspections 134 Records 11 7 Cost of the Work Bonds and insurance additional 114 � 9 Cash Discounts 11 4 2 CONTRACTORS Fee 116 Employee Expense% 11 4 5 I EYcluslons to 11 Generalll 4 11 Home office and overhead expenses 11 5 Losses and damages 11 4 56 Materials and equipment 1142 Minor expenses 11 4 ) 8 Payroll costs on changes 11 41 performed by Subcontractors 11 43 Records l 1 7 R,ntals of construction equipment and machmep 11 4 5, Royalty pavments permits and hcense fees 11 4 � 5 Site office and temporary facilities 1 14 D 2 Special Consultants CONTRA(TORs 1144 Supplemental I 1 4 5 Taxes related to the Work 11454 Tests and Inspection 134 Trade Discounts 11 4 2 Utilities fuel and sanitary facilities 11 4 � 7 Work Tfter regular hours 11 4 1 (uvermg Work 136 13 7 Cumulative Remedies 174 175 Cutting fitting and patching 7 2 Data to be furnished by OWNER 8 , Dav definition of 17 2 _ Decisions on Disputes 911 9 I, defectne definition of 1 14 defective Work Acceptance of 10 4 1 13 13 EJCDC GENERAL CONDITIONS 1910 811990 EDDIOh1 w CITY OF FORT CCLLINS MODIFICATIONS (REV 9199) Correction or Remo%at of 104 1 13 11 OWNERs Representative Q I C ocrection Period 1312 Pavments to the CONTRACTOR, in general 13 147 14 11 Responsibility for 90 14 Recommendation of Payment 144 141, Article or Paragraph Number article or ParagrTph Observation by ENGINEER 92 Number OWNER May Stop Rork 13 10 Responsibilities Limitations on 9 11 Q 1, Prompt Notice of Detects 1, 1 Review of Reports on Differing Subsurface Rejecting 9 6 and Ph}sical Conditions 4 2 4 Uncovering the R ork 13 8 Shop Drawings and Samples review Definitions ] responsibility 626 Delays 4 1 6 19 12 3 12 4 Status During Construction Dehvery of Bonds 2 1 authorized variations in the CS orb 9 Delivery of certificates of insurance 2 7 Clarifications and Interpretations 9 4 Determ matrons for Unit Prices 9 10 Decisions on Disputes Q 11 9 12 Differing Subsurface or Physical Conditions Determinations on Unit Price 9 to Notice of 4 2 3 ENGINEER as Initial Interpreter 9 11 9 12 ENGINEERS Review 4 2 4 ENGINEER s Responsibilities 9 1 9 12 Possible Contract Documents Change 4 2 5 Limitations on ENGINEERS Authority Possible Price and Times Adjustments 4 2 6 and Responsibilities 9 1, Discrepancies Reporting OWNERS Representativc 9 1 and Resolving 2 S o 32 6 142 Project Representative Q, Dispute Resolution Rejecting Defec tive Wort. 96 Agreement 16 1 16 6 Shop Drawings Change Orders Arbitration 16 1 16 and Payments 9 7 9 9 genera116 Visits to 7ite 9 Mediation 16 6 Unit Price determinations 910 Dispute Resolution Agreement 161 16 6 a I4its to 131te 9 2 Disputes Decisions by ENGINEER 9 11 Q 12 Written consent required 72 01 Documents Equipment, Labor Materials and 6 3 6 5 Copies of 2 3 Equipment rental Cost of the Work 11 4 5 3 Record 6 10 Equivalent Materials and Equipment 6 7 Reuse of 3 7 error or omissions 6 33 Drawings definition of 1 is Evidence of Financial Arrangements S 11 Easements 4 1 Explorations of physical conditions 42 1 Effective date of Agreement definition of 1 16 Fee CONTRACTOR s Costs Plus 11 6 Emergencies 623 Field Order ENGINEER definition of 9 as min it interpreter on disputes 9 11 9 12 issued by ENGINEER 36 1 0 5 definition of 1 17 Final Application for Payment 14 12 I imitations on authority and responsibilities 9 13 Final Inspection 1411 Replacement of 8 ^_ Final Pavntent Resndcnt Project Representaux e 0 1 and Acceptance 14 13 1414 ENGBNER s Consultant definition of l 18 Prior to for cash allovenees 11 8 ENGINEER s General Prov isions 173 174 authority and responsibility limitations on 9 13 ( eneral Requirements Authorized 'variations in the Work 9 s definition of 1 20 Change Orders responsibility for ) 7 10 11 12 principal references to 2 6 6 4 6 6 6 7 624 Clarifications and Interpretations 63 94 Gnmg Notice 171 Decisions on Disputes 911 912 Guarantee of W ork by CONTRACTOR 6 30 14 12 defectn e Work notice of 1, 1 Hazard Communication Programs o ^_2 Evaluation of Substitute Items 673 Hazardous Waste Liability 632 912 definition of 1 21 Notice Work is Acceptable 14 1 general 4 1 Observations 6 02 92 OWNER s responsibility for 810 FJCDCCENER4LCONDITIONSI9IU N(19 EOI❑OM / CIT1 OF FORT COLLINS MODIFICATI ONS (REV 9/99) Indemnification 012 616 631 6j3 Insurance 53 Initially Acceptable Schedules - 9 Precedence 3 1 33 3 Inspection Reference to 3 3 1 C ertificates of 9 1, 4 13 5 14 12 Safety and Protection 6 dl 13 2 Final 1411 Subcontractors Suppliers and Others o 8 6 11 Vticle or Paragraph Article or PTragraph Number Vumber Special required byFNGINEFR Tests and Approval Insurance acceptance of by OWNER Additional required bi changes in the Work Before starting the Work Bonds and in general Cancellation Provisions 96 87 133134 5 14 114�9 27 Certificates of 2 7 5 5 3 5 4 11 565 58 514 9 13 4 completed operations CONTRACTORS Liability CONTRACTORS obleetion to coverage Contractual Liabihh deductible amounts UONTRACTORs responsibility Final Application for Payment Licensed Insurers Notice requirements material changes Option to Replace other special insurances OWNER as fiduciary for insureds OWNERS Liability OWNERS Responsibility Partial Utilization Property Insurance Property Receipt and Application of Insurance Proceeds Special Insurance Waiver of Rights Intent of Contract Documents Interpretations and Clarifications Investigations of physical conditions Labor Materials and Equipment Lands and Easements Ai ailabihty of Reports and Tests Laws and Regulations Laws or Regulations Bonds Changes in the work Contract Documents CONTRACTOR s Responsibilities Correction Period defeenie Work Cost of the Work taxes definition of general6 14 Indemnification ,8 9413 1412 5413 54 5 14 5410 ,9 14 12 53 58 10, ,14 10 12 5 1, 5, 85 50510 12 5 13 5 10 5 11 3114 36� 94 4_2 6 3 6 � 34 41 84 84 5152 104 �l 614 13 12 11454 1 22 6a1633 rests and Inspections Use of Premises l isits to Site Liability Insurance CONTRACTORS OWNERS I icensed Sureties and Insurers Liens Application for Progress Payment CONTRACTORS Warranty of Title Final Application for Payment definition of Waiver of Claims Lim itTtions on ENGINEERS authority and responsibilities Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals Final Application for Payment Manuals (of others) Precedence Reference to in Contract Documents MDerials and equipment Tarnished by CONTRA( TOR not incorporated in Work Alaterials or equipment equnalent Mediation (Optional) Milestones definition of Miscellaneous Computation of Times Cumulative Rmed)es Urvmg Notice Notice of Claim Professional Fees and Court Costs Included Multi prime contracts Not Shown or Indicated Notice of Acceptability of Project Award definition of L laim Defects 13 1 Differing Subsurtace or Physical ( ondttions Giving Tests and Inspections Variation, Shop Drawing and Sample Note to Prooeed definition of gn me of 1, 5 6 16 Q2 )4 5 14_ 143 1412 1 23 14 15 91, 42-2 14 12 331 3>1 o3 14_ 67 167 1 24 17'_ 174 171 17� 175 7 4� 1413 125 173 423 17 1 1,3 627 1 26 23 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICA➢ONS (REb 9/99) Nohticatlon to Surety 10 � Obsen ations by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 9 13 Open Peril policy form Insurance 5 6 2 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Vr ork prohibition of 6 3 OWNER Acceptance ofdefechve Work 13 13 appoint an FNGINEER 82 as fiduciary 5 12 5 13 Availabilav of Lands responsibility 4 1 definition of 1 27 data furnish 83 May Correct Defeedt e Work 1314 May refuse to make pavntent 14 7 May Stop the Work 13 10 Mae Suspend Work Terminate 8 S 13 IO 15 1 154 Payment make prompt 83 144 141� performance of other work permits and licenses requirements purchased insurance requirements OWNER s Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes, request for decision Inspections tests and approe als Liability Insurance Notice of Detects Representative During Construction ENGINEERS Status Responsibilities Asbestos PCBs Petroleum Hazardou- Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work 8 8 terminate CONTRA(,TORs 71 613 56,10 6 '02 5 S6 104 81 74 911 87134 �5 13 1 1,10 91 8 10 S6 10 1 81 80 8 11 S7 85 44 83 8^ S4 1� I sen ices 88 15 2 separnte representative at site 93 testing independent use or occupancy of the Work written consent or approval required 134 511 6 30 2 4 1410 91 63 114 EICDC ( ENERAL CONDITIONS 1910 811990 EDITION) 11 On OF FORT COLLINS MODIFICATIONS (REF 9M9 Article or Paragraph Number u ntten notice requred 71 94 911 112 119 147 154 PCBs dcfinition of 129 general 4 � OWNER s responsibility for 810 Partial Utilization definition of 1 28 general 630 2 4 14 10 Property Insurance N 1 � Patent Fees and Ro}alties 612 Payment Bonds 5 1 � 2 Pavments Recommendation of 144 147 1413 Payments to CONTRACTOR and Completion Application for ProgressPayments 142 CONTRACTORS NA arranty of Title 143 Final Application for Pavment 14 12 Final Inspection 1411 Penal Pavment and Acceptance 14 13 1414 general 8 14 Partial Utilization 14 10 Retainage 14 2 R,e iew of ApphcTtIMS for Progress Pavinents 144147 prompt payment 8, Schedule of Values 141 Substantial ( ompleuon 148 149 W an er of Claims 14 1s when payments due 144 14 13 withholding payment 147 Performance Bonds 5 I S 2 Perm its 613 Petroleum definition of 1 30 general 45 OWNERS responsibility for 8 10 Physical Conditions Drawings of in or relating to 42 12 ENGINEER s rev m% 4 2 4 existing structures 42 2 general 2 1 2 Notice of Differing Subsurface or 4 2 3 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 4 2 6 Reports and Drawings 42 1 Subsurface and 4 Subsurface Conditions 4 2 1 1 Technical Data Limited Reliance be CONTRACTOR Authorized 4 2 2 Underground Facilities general 4 3 Not Shown or Indicaed 4 12 Protection of 43 620 Nil Shown or Indicated Technical Data Preconscruclien Conference Preliminary Matters Preliminary Schedules Premises Use of Price Change of Contract Price Contract definition of Progress Payment Apphoations for Progress Payment remmage Progress schedule CONTRACTORS Vttcle or Paragraph Number 6o 629 431 422 28 2 26 61661E 1 II 142 142 26 28 29 104 1521 Project definition of 1 31 Project Representativ ENGINEERS Status During Cpnstruction Project Representatn e Resident definition of prompt pavinent by OWNER Property Insurance Additional generals 6 S UJ Qt 1 33 S3 �7 Partial Utilization S 1 14101 receipt and application of proceeds S 12 S 13 Protection Safety and 620621 13 2- Punch list 1411 Radioactil e kFaterial defintion of 1 32 general4 S OWNER s responsibility for 810 Recommendation of Payment 144 145 141 Record Documents 6 19 14 12 Records procedures for mainminuae 2 8 Reference Points 44 Reference to Standards and Specifications of Techmeal Societies 13 Regulations Laws and (or) 6 14 Releeting Defectne W ork 96 Related Work at Sue 7 1 73 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 171 Remov it or COCCNtical olDefecdve Work 13 It rental ngreemems OWNER approval required 11 4 5 3 replacement of ENGINEER. by OWNER 92 Reporting snd Resolving Discrepancies ^_ 5 3 3 2 6 142 Reports and Drawings 4 2 I and Tests OWNERS responsibility 84 Resident and Project Representative definition of 1 33 provision for 93 L]CIX, GENERAL CONDITIONS 1910 811990 EDII ION) wl CITE OF FORT COLLINS MODIFICATIONS (RED 9/99) Nrucle or Paragraph Number Resident Superintendent CONTRACTORS 6 ^ Responsibilities CONTRACTORS in general b ENGINEER S in general q Limitations on 913 OWNER s in general 8 Retmnaee 14 2 Reuse of DOLum MIS 3 7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 6 2S Rev iew of Applications for Progress Pavments 144 147 Right to an adjustment 102 Rights of Way 41 Royalties Patent Fees and 612 Safe Structural I oadmg 6 1 S Safety and Protection 43 2 6 ib 6 18 620621 72 132 general 620 623 Representativ e CONTRACTOR s b 21 Samples definition of 1 34 general 624 6 28 Rev iew by CONTRACTOR o 25 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures b 2N Schedule of progress 2 6 2 8 2 Q 6 6 629 104 1521 Schedule of Shop Draw mg and Sample Submittals 2 6 2 8 2 9 6 24 6 28 Schedule of Values 2 6 2 b 2 9 14 1 Schedules Adherence to 151 1 Adjusting 66 Change of Contract 1 imes 104 Initially Acceptable 2 6 29 Prelim mart' 26 Scope of Changes 101 104 Subsurface Conditions 4 2 1 1 Shop Drawings and Samples general 624 628 C hange Orders & Applications for Payments and 9 7 Q 9 definition of i '5 ENGINFER S approval of 3 6 2 ENC INFER s responsibility for rev iew Q 7 624628 related Work 628 roview procedures 2 b 624 628 xw Article or Paragraph Number submittal required 6141 Submittal Procedures 025 use to approie substitutions b 7 3 Shown or Indicated 43 1 Site Access 72 132 Site Cleanliness o 17 Site Visits to by ENGINEER 92 13 2 by others 1,2 special causes of loss policy form insurance � 6 2 definition of 1 36 Specifications dcfnation of 136 of Technical Societies reference to 3 e 1 precedence 3 3 3 Standards and Specifications of Technical Societies 3 Starting Construction Before 2 5 2 8 Starting the Work _ 4 Stop or Suspend W ork by CONTRACTOR 15 S by OWNER 4 8 1310 1, 1 Storage of materials and equipment 41 7' Structural Loading Safety o l8 Subcontractor Concerning o 8 611 definition of 1 37 delays 12, wan er of rights 611 Subcontractors in general 68 b 11 Subcontracts required provisions 11 611 1143 Submittals Applications for Payment 142 Maintenance and Operation Manuals 1412 Procedures 6 25 Progress Schedules 26 29 Samples 624628 Schedule of Values 26 141 Schedule of Shop Drawings and Samples Subic issions ^_ b 28 29 Shop Drawings 024628 Substantial Completion certification of 6 30 2 0 14 8 14 9 definition of 1 8 Substitute Construction Methods or Procedures b 7 Substitutes and Or Equal Items 67 CONTRACTOR s Expense 6713 1'NGINEER s Evaluation 673 Or Equal 67 11 Substitute Construction Methods EICD(, GENERN CONDITIONS 1910 6 ii9 o EDITION) w/ CITS OF FORT COLLINS MODIFICATIONS (iEI 9 99) 1 0 2 0 3 0 SECTION 00100 INSTRUCTIONS TO BIDDERS 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) 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 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 Rev 10/20/07 Section 00100 Page 1 Article or Paragraph Number or Procedures Substitute Items Subsurface and Physical Conditions Drawings of in or relatng to ENGINEERS Resiew general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price andTimes Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision ( ONTRACTORsresponsibihty OWNER shall not supervise ENGINEER shall not super Ise Superintendence Superintendent CONTRACTORS resident Supplemental costs Supplementary Conditions definition of 67'_ 6712 4212 424 42 422 423 4^_12 4c1 426 421 42 4211 422 61 89 6^_ 62 11 4 ) 1 39 principal references to I D) I IN 2'_ 27 42 43 �1 53 54 5659 11 6 8 613 7 4 811 93 0 10 Supplementing Contract Documents 36 Supplier definition of principal references to 37 6 v 68611 024 91� Waiver of Rights Surety consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Work OWNER May Suspension of Work and Termination CONTRACT OR May Stop Work or Terminate OWNER May Suspend Work OWNERMay Terminate Tales Pavment by CONTRACTOR Technical Data Limited Reliance by CONTRACTOR Possible Price and Times Adjustments Reports of Differing Subsurface and Physical Conditions xry 1 40 620 14 1' 611 1412 1414 913 101 LOS 152 153 634 1310 151 1� 155 151 1521)4 615 Temporary construction facilities 41 Article or Paragraph Number Termination by CONTRACTOR by OWNER of ENGINEER s employment Suspension of Work in general Terms and Adjectives Tests and Inspections Access to the Work by others CONTRACTOR s responsibilities cost of 13 4 covering Work prior to Laws and Regulations (or) Notice of Detects OWNER May Stop W ork OWNERS independent testing special required by ENGINEER timely notice required Uncoa enng the Work at ENGINEER S inquest Times Adjusting Change of Contra t Computation of Contract Times definition of day Milestones Requirements appeals clarifications 155 88151154 82 15 34 claims and disputes 911 Commencement of Contract Times Preconstruction Conference schedules Starting the Work Title Warranty of Uncovering Work Underground Facilities Physical Conditions definition of Not Shown tr Indicated protection of Shown or Indicated Unit Price W ork claims definition of general 11 9 14 1 14 5 Unit Prices generalll 3 1 Determination for lU 2 135 136137 13 5 13 1 13 10 134 96 134 13 S 13 9 66 12 17, 1 1'_ 1722 910 16 11 2 12 2a 2S 26 29 66 24 143 13 S 139 1 41 432 4� o20 431 1193 1 42 910 Use of Premises 616 618 63024 4� 2 Utility owners 613 6 20 7 1 71 13 2 426 Utilization Partial 128 515 6o024 1410 �,aluc of the Work 11 3 4 2 3 Values Sehcdule of 26 2 8 29 14 1 EJCDC GENERAL CONDTTIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REI 9199) Variations in W ork Minor authorized 6I5 627 95 Article or Paragraph Number V rsits to Site by ENGINEER 92 Waiver of Claims on Final Payment 14 U Waiver of Rights by insured parties 5 11 6 11 Warranty and Guarantee General bs CONTRACTOR 030 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR M4av Stop Work or Terminate 15 a Coordination of 74 Cost of the 11 4 11 5 definition of 143 neglected by CONTRACTOR 1, 14 other Work 7 OWNER May Stop Work hU7 OWNER May Suspend Rork I� 10 I� 1 Related, Work at Site 717, Starting the 24 Stopping by CONTRACTOR 15 5 Stopping by OWNER 1 1 154 Variation and deu union authorized tumor 16 Work C hange Directive clams pursuant to 102 definition of 1 44 pnncipit references to 4 5 3 lU 1 10 Written Amendment definition of 1 45 principal references to 1 10 3 5 5 10 15 12 662 682 619 101 104 112 121 13 12 2 1472 Written Clarifications and Interpretations 36 3 94 9 11 W ritten Notice Required by CONTRACTOR 7 1 9 10 v 11 104 11 2 12 1 by OWNER 9 10 9 11 10 4 112 13 14 IV ETCDC GENERAL CONDITIONS 1910 9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (RE\ 9 99) (This page left blank intennonllty) 'O^ E]CDC GENERAL CONDITIONS I910 8 (1990 EDIT ION w CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICI E 1 DEMITIONS Where%er used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof I 1 Addenda Written or graphic instruments issued prior to the opening of Bids which clan(% correct or change the Bidding Requirements or the Contract Documents 12 lgieemcnt—The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement and made a part thereof as provided therein 1 , 4pplxanon for Pmment The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Satet% and Health Administration 1 � Bid —The offer or proposal of the bidder submitted an the prescribed form setting forth the prices for the Work to be performed 16 Biddng Documents —I he 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) 17 Budding Requirements The advertisement or mvitation to Bid, instructions to bidders, and the Bid form 1 \ Bonds —Performance and Pavment bonds and other instruments of securit% 19 ( dmnge Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition. deletion or revision in the Work or an adjustment in the Contract Price or the Contract Times issued on or after the Eft Love Date of the Agreement 1 10 Contract Documents —The Agreement Addenda (which pertain to the Contract Documents) CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds these General Conditions. the Supplcmenmry Conditions, the bpecnccations and the Drawings as the FJCDG GENFR AL Cosliln01.51910E (1990 Edrtim ) %m CITY OF FORT COLI INS NIODIFR.ATIONS (RE% 42000) same are more specifically identified in the Agreement together with all Written Amendments Change Orders Work Change Directives Field Orders and EN GINEERs written interpretations and clarifications issued pursuant to paragraphs 3) 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragmphs 6 26 and 6 27 and the reports and drawings referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents 111 Contact Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the pro%isions of paragraph l ] 9 1 in the case of Unit Price Work) 1 12 Contract Times—Fhe numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion and (u) to complete the Work so that it is read% for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance is Rh paragraph 14 13 l 13 CONTRA(TOR The person firm or corporation with whom OWNER has entered into the Agreement 1 14 defective —An adjective which when moditymg the word Work refers to Work that n unsatisfactory faults, or deficient in that it does not conform to th Contract Documents or does not meet the requirements of Tny inspection, reference standard, test or approval referred to in the Contract Documents or has been damaged prior to ENGN TEERs recommendation of final pavment (unleu responsibdiN for the protection thereof has been assumed by OWNER at bubstantial Completion in accordance with Paragraph 14 b or 14 10) 1 U Drawings The drawings which show the scope extent and character of the Work to be furnished and performed b% CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Effective Date of the 4greement—The date mdicated in the Agreement on which it becomes effeeti%e but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER The person fum or corporation named as such in the Agreement I IS ENGINEERS Consultant A person, firm or corporation has mg a contract w ith ENGINEER to turmsh services as ENGINEERS independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order —A written order issued by ENGINMER which orders minor changes in the Work in accordance w ith paragraph 9 ) but wlvch does not involve a change in the Contract Price or the Contract Times 1 20 General Re y urements-Sections of Tin ision 1 of the Specifications 1 �1 Ha ardour Waste-f he term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 1 22 a Laws and Regulations Laits w Regulations Anv and all applicable laws, rules regulations ordinances codes and orders of any and all governmental bodies agencies, authorities and courts havuigjurisdichon 1 22 b Legal Hohdays shall be those holidays obsersc l by -the City -of Fort Collins 1 23 Lienr Liens charges secunty interests or encumbrances upon real property or personal property 124 Milestone A principal event specified in the Contract Documents relating to an mtermechate completion date or time prior to Substantial Completion of all the Work 125 Notice ol'diard A written nonce by OWNER to the apparent successful bidder stating that upon complFince by the apparent successful bidder with the conditions precedent enunwnated herem, within the tune specified OWNER will sign and deliver the Agreement 1 26 Notice to Proceed- A written nonce given by OW NFR to CONT RACTOR (with a copy to ENGINEER) fixmg the date on which the Contract Times will commence to run and on which I ONTRACTOR shall start to pertomm CONTRACTORS obhganons under the ( omract Documents 1 -7 ORNFR The public body or authority corporation, association, firm or person with whom (ONTRACfOR has entered into the Agreement and for whom the Work is to be provided 1 _8 Partial Utilization Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of al] the Work 1 29 PC Rs-Polvchlormated biphenyls 130 Petrolenin petroleum including crude oil or env traction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute) such as oil petroleum fuel oil oil sludge oil refuse gasoline kerosene and oil mired with other non Hazardous Wastes and crude oils 131 Project-lhe 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 132 i Radroacnve Material Source SNLIII nuclear or byproduct material as defined by the Atomic Energy Act of FICDCGENERAI CONDITION319108(1990Ldtagn .10 FY OF FORT COLLINS MODIFICATIONS (REV 411000) 19S4 (42 USC Section 2011 et seq) as amended from time totime 112 b Regular R orkrn¢ Hours Regular working hours are defined as 10Oam to 600pm unless otherwise soecitned in the General Requirements 133 Reudent Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 Samples -Physical examples of materials equipment or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1 3s Shop Dniowngs All drawings, diagrams illustrations, schedules and other data or mformabon which are spemhcatly prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work 1 36 Specifications -Those portions of the Contract Documents consisting of written technical devenptions of materials, equipment construction systems, standards and workmanship as applied to the Wort, and certain administrative details applicable thereto 1 37 Subcontractor An individual firm or corporation hay ug a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site I�8 Substantial Completion The Work (or a specified part thereof) has progressed to the point where in the opinion of ENGINEER as evidenced by FNGINEERs definitive certificate of lubstanttnl Completion it is sufficiently complete in accordance with the Contract Documents so that the Work (m specified part) can be utilized for the purposes for which it is intended or if no such certificate is issued when the Work is complete and ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14 13 The terms substantially complete and substantially completed as applied to all or part of the Work refer to Substantial C ompletion thereof 139 Supplementary Conditions-lhe hart of the Contract Documents which amends or supplements these General Conditions 1 41j Supplier A manufacturer fabricator supplier distributor materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be mcorporated in the W ork by CONTRACTOR or any Subcontractor 1 41 Underground Facilities -All pipelines conduits ducts cables wires, manholes vaults lanky tunnels or other such facilities or attachments, and any encasements ountarrung such facilities which have been installed underground to furnish any of the following services or materials electricity gases steam liquid petroleum products telephone or other communications cable television sewage and drainage removal traffic or other control systems or water 1 4_ Unit Price Work —Wort, to be paid for on the basis of unit prices 1 4� It ork I he entire completed construction or the vinous separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or furnishing labor and furnislung and incorporating materials and equipment into the construction, and performing or furnishing services and furnis}ung documents all as required by the Contract Documents 1 44 Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an additim deletion or reu ision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 42 or 41 or to emergencies under paragmph623 A Wort. Change Directive will not change the Contract Price or the C ontract Times but is eitderi that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequenth issued Change Order following negotiations by the parties as in its effect if any on the Contract Price or ( ontraet Times as provided in paragraph 10 2 1 4o fintten lmendment A written amendment of the Contract Documents signed by OWNER and CONTRACTOR an or after the Effective Date of the 'lgreement and normally dealing with the nonengmeering or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS Dehvery ofBonds 21 When CONTRACTOR delivers thc executed Agreements to OWNER CONTRACTOR shall also deliver to OWNB,R such Bonds as CONTRACTOR may he required to furnish in accordance with paragraph , 1 Copies of Documents 2 OWNER shall furnish to CONTRA(- rOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Wort. Additional copies will be famished, upon request at the cost of reproduction Commencement of Contract limes Aotice to Proceed 23 The Contract Times will commence to rim on the thirtieth clay after the Effechve Date of the agreement or & CD(. GENERAL CONDITIONS 19104 0990 Edmrnp w C111 OF FOR F (OLLINS MODIFICATIONS (RI6 4 2000) if a Notice to Proceed is gn en, on the day indicated in the Votive to Proceed A Notice to Proceed may be given at any time within thmh days after the Etleoni e Date of the Agreement InRe x,emt vollth- Tmws of -Bid- —tee ,. of.L n .L . rev er date is earlier Starting the Work 24 CONTRACTOR shall start to perform the Work on the date "hen the Contract Times commence to run but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction 25 Before undertaking each part of the Work CONTRACIOR shall carefully study and compare the Contract Documents and check and lerify periment figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity or discrepancy which CONTRACTOR may discoier and shall obtain a written interpretation or clarihcation from ENGINEER before proceeding with any Work affected therebv howei er CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, �rror ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasori should hat e known thereof 26 AAithin ten days after the Effective Date of the Agreement (unless otherwise specified in the ( eneral Requirements) CONTRACTOR shall submit to CNGNRER for rev ie" 26 1 a preliminary progress schedule indicating the tunes (numbers of days or dares) for starting and completing the various stages of the Work including anv Milestones specified in the Contract Documents 2 6 2 a preliminary schedule of Shop Drawing and Sample submittals which will lust each required submittal and the times for submitting re%teAmg and prooessmg such submittal 2 6 2 1 In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer 6 3 A preluri schedule of values for all of the Work which will include quantities and prices of items aggregating the (-cmraet Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and protit applicable to each item of Work 27 Before any Work at the site is started CONTRACTOR and GW? shall each delner to the other OWNER, with copies to Nigh addumial—meared ENGINEER, certificates of insurance (and other evidence of Insurance reesene6Fv--3ngeesE requested by OWNER) which CONTRACTOR+ ^rr�,�r� Is required to purchase and maintain m accordance with paragraphs 5 4 `�.o and :? Preconstruction Conference 2 b Within twenty days after the Contract Times start to run, but before am, Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph ^ 6 procedures for handling Shop Drawings and other submittals processing Applraitions for Payment and InTmtainmg required records lintarlli, Acceptable Schedules 29 Unless otherwise prounded in the Contract Documents at-home frLC.�.. p.,..i ,... _ r + before any work at the site beams, a conferenceF atten.d.ed by CONTRACTOR ENGINEER and others as agpreprrtie designated by OWNER, will be held to review for acceptabihty to ENGINEER as provided below the schedules submitted in accordance with paragraph26 and Division I General Requirements CONTRAC FOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall he made to ( ONTRACTOR until the schedules are submitted to and Tcceptable to ENGINEER as provided below The progress schedule will be acceptable to FNGINEER as providing an orderly progression of the Bork to completion within anv specified Milestones and the Contract Times but such acceptance will neither Impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3 CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent , I ]he Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary what is called for by one is as binding as if called for by ill The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS t910 811990 Editimi w1 CITY OF FORT COLLINS MODIFICATIONS (REV tlP000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any w ork materials or equipment that may reasonably be Oriented from the Contract Documents or from prey arling custom or trade usage as being required to produce the intended result will be tarnished and performed whether or not specifically called for When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Dxurri shall be issued by ENGINEER as pros ided In piragraph u 4 33 Reference to Standards and Specificahonv if Technical Societies Reporting and Resolving Discrepancies 331 Reference to standards specdiutions manuals or codes of any technical socieg organization or association, or to the Laws or Regulations of am, governmental authority whether such reference be specific or by implication, shall mean the latest standard, specification, manual code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement it there were no Bids) except as may be otherwise specifically stated in the Contract Documents +32 If during the performance of the Work CONTRACTOR discovers any conflict, error ambiguity or rhscrepancv within the Contract, Documents or between the (ontract Documents and anv provision of any such Law or Regulation applicable to the performance of the Work or of am such standard. specification, manual or code or of any Destruction of any Supplier referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency is authorized by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3 6 provided, howet er that CONTRACTOR shall not be liable to OWNER or FNGINEER for tmlure to report any such contlict, error ambiguity or discrepancv unless CONTRACTOR knew or reasonabh should have known thereof 3 � 3 Except as otherwise specifically stated in the Contract Documents or as may be provided by Tmendment or supplement thereto issued by one of the methods indicated in paragraph 3 ) or 3 6 the Provisions of the Contract Documents shall take precedence in resolving any conflict error ambiguity or discrepancy between the provisions of the Contract Documents and 3331 the provisions of anv such standard specification manual code or instruction fwliether or not specdlcTlly incorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation) No provision of am such standard, specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors consultants agents or employees from those set forth in the Contract Documents nor shall it be effective to assign to OWNER ENGINEER or any of ENGTNEERs Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility Inconsistent with the pro%isions of paragraph 9 11 or any other provision of the Contract Documents 34 Whenever in the Contract Documents the teens as ordered as directed as required as allowed as approsed or terms of like effect or import are used or the adjectves reasonable suitable acceptable proper or satisfactory, or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the W ork it u Intended that such requirement direction, revtew or judgment will be solely to evaluate in general the completed Work for compliance with the requirements of and information air the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such term or adjective shall not be effectn e to assign to ENGINEER any slut} or authority to supervise or chrect the furnishing or pc.rfomtance of the Rork or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9 13 or env other provision of the Contract Documents Amending and Supplementing Contract Documents 35 The Contract Documents may be amended to provide for additions deletions and revisions In the W ork or to modify the terms and conditions thereof in one or more of the following way s 3 5 1 a formal Written Amendment 5 2 a Chmige Order (pursuant to paragraph 10 4) u EICDC GENERAL CONDITIONS 1910 8 (1990 Edmm) a/CITY OF FORT COLLINS MODIF1( ATIONS (M 42000) 3 s 3 a Work Change Directive (pursuant to paragraph 10 T) 36 In addition, the requirements of the Contract Documents may be supplemented and minor vanations and deviations in the Work may be authonud in one or more of the following ways 36 1 A Field Order (pursuant to pamgr iph 9 S) 3 6 2 ENGINEER s approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27) or 363 FNGINFERs written interpretation or clarification (pursuant to paragraph 9 4) Reuse ofDoeuments 37 CONTRACTOR and any Subamtractor or Supplier or other person or orgamrabon performing or furnishing any of the Work under a direct or indirect contract with OWNER (I) shall not have or acquire am bile to or ownership rights many of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERs Consultant and (it) shall not reuse any of such Dmwmgs Specifications other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific writtenverificabon or adaptation by FNGINEER ARTICLE 4 AN All ABILITY OF LANDS SLTLSCRFACE AND PHYSICAL CONDITIONS REFFRENCF POINTS 41 mlabibty of Lands 4 1 OWNER shall furnish, as mdmat d in the Contract Documents the Finds upon which the Work is to he Performed ❑ghls-0fway and easements for access thereto and such other lands which are designated for the use of CONTRACTOR D shall C ,..._a_.,,,_ w#h ,.__ 6 OWNER O.s OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in exrstmg facilities will be obtained and paid for by OWNER, unless otherwise pros riled in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERs furnishing these lands rights -of wav or easements CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 4. .Subsurface andPhysual Conebhons 42 1 Reports and Dramngs Reference is made to the Supplementary Conditions for identification of 42 1 1 Sul surface Conditions Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 42 12 Physical Condihons Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Docmments 4 ^_ 2 Limited Rehatue bj CONTRACTOR duhlon ed Technical Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but such reports and drawings are not Contract Documents Such technical data is identified in the Supplement iry Conditions Except for such reliance on such technical data CONTRACTOR may not rely upon or make and slam against OWNER EV ANEER or env of FNGTNEER s C onsultants with respect to 42 21 the completeness of such reports and drawings for CONTRACTORS purposes including but not limited to am, aspects of the means methods techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto or 4222 other data interpretations oproton, and Information contained in such reports or shown or indicated In such drawings, or 4223 any CONTRACTOR Interpretation of or conclusion drawn from any technical data or any such data Interpretations opimom or information 42� Notice of Dijfermg Jubsuface or Phvmcal Conditions It CONTRACTOR belteNes that any subsurface or phvsical condition at or contiguous to the site that is uncovered or res cited either 4 2 3 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is maternally mac curate or 4232 is of such a nature as to require a change in the Contract Documents or 4233 differs materizlh from that shown or EKDCGENER4I( 0NDITI0*151970-8iI990Eko a -In rY OF FORT C01 LINS MODIFICATIONS (REV 42000i indicated in the Cannot Documents m 4234 IS of an unusual nature and differs materially from conditions ordinarily encountered and genemllv recognized as inherent in work of the character provided for in the Contract Documents then (ONTRACTOR shall prernpt}v Immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergenev as permitted by paragraph623) nobfv OWNER and ENGINEER m writing about such condition CONTRACTOR shall not further disturb such conditions or perform any lkark in connection therewith (except as aforesaid) until receipt of written order to do so 4 2 4 ENGINEER s Reweru ENGINEER will promptly review the pertinent conditions determine the necessih of OWNER s obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEERS findings and conclusions 425 Possible Contract Documents change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the oat vones in paragraph 4 2 " a Work (hange Directive or a Change Order will he issued as Irovrded in Article 10 to reflect and document the consequences of such change 426 Possible Pnae and Dines ldlusrm nts An equitable adjustment in the Contract price or in the Contract Times or both will be allowed to the extent that the existence of such uncotered or revealed condition causes an increase or decrease in CONTRACrORs cost of or time required for performance of, the Work subject however to the following 4 2 6 1 such condition must meet am one or more of the categories dew abed in paragraphs 4 2 3 1 through 4 2 3 4 inclusive 4262 a change In the (.ontraU Documents pursuant to paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjusnment 4263 with respect to Work that is paid for on a Unit Pnce Basis, am, adjustment in Contract Price will be sub3cct to the provision of paragraphs 9 10 and 1 l 9 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if 42641 CONTRACTOR knew of the existence of such condibom at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Trans by the submission of a bid or becoming bound under a negotiated contract or 4 2 6 4 2 the existence or such condition could reasonably have been discovered or revealed as a result of tiny examaiation, investigation exploration test or study of the site and contiguous areas required by the Blddine Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment or 4 2 6 4 3 CONTRACTOR faded to give the written notice within the time and as required by paragraph 4 2 , If OWNFR and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times a clams may be made therefor as provided in Articles 1 I and 12 However OWNER, ENGINEER and EINGNIEERs Consultants shall not be liable to CONTRACTOR for any clams costs losses or damages sustained by CONTRACTOR on or in connection with env other project or anticipated project 43 Physical Conihnons Onderground Fauhkes 431 Shom,; or/nctcated The mformition and data shown or indicated in the Contract Documents with respect to existing Underground Nacdities at or contiguous to the site is based on information and data furnished to OWNER or FNGINEER by the owners of such Underground Facilities or by others unless it is otherwise expressly provided in the Supplementary Conditions 43 11 OWNER and ENGINEER shall not be responsible for the accuracy or compl..Nness of any such information or data and 4 n 1 2 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (I) reviewing and Checking all such Information and data (a) locating all Underground Facilities shown or indicated in the Contract Documents (in) coordination of the Work with the owners of such Underground Facilities during construction and (iv)ihe safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the W ork 4 3 2 Not S/wuvi or In4rcated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, prempt-Fy immediately after becoming aware thereof and befo!e further disturbing conditions affected thereby or perform mg any Work in connection therewith (except in an emergency as required by paragraph623) identifv the owner of such Underground Facility, and E1CDC GENERAL CONDITIONS 1910 8 (199013,1 a. i w CITY OFFOR r COLLINS MODIFICATIONS (BEV 41000) give written notice to that owner and to OWNER and ENGINEER EN GNEER will promptly review the Underground Facility and determine the extent it any to which a change is required in the ( ontract Documents to reflect and document the consequences of the existence of the Underground Facility It ENGINEER concludes that a change in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRACTOR shall be responsible for the safety and protection of such I nderground Facility is provided in paragraph 620 CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times or both to the extent that they are attributable to the existence of any Underground Facility that was not shown or mdicated in the C ontract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to hay e anticipated If OWNER and CONTRAC1 OR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 Howes er OWNER ENGINEER and ENUTNEERs Consultants shall not be liable to CON 1 RAC I OR for any cla tic costs losses or damages incurred or sustained by CONTRACTOR on or in connection w ith any other project or anticipated project Reference Pointy 44 OWNFR shall provide engineering surveys to establish reference points for construction which in ENGINFFRs judgment are necessary to enable ( ONFPACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference Paris and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point w lost or destroved or requtrcs relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 45 Asbestos PCBs Petroleum Hazardous Waste or Radioactive Vaterral 4 ) 1 OWNER shall be responsible lot any Asbesuas, PCBs, Petroleum Hazardous Waste or Radtoactiv e Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or propene exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought ro the site by CONTRACTOR, Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible 3 2 In accordance with Section 8-160 of the Code of the City of Fort 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 Rev 10/20/07 Section 00100 Page 2 JJ s 5 Th3 .. ..F .... V. ........L.. 4 1 +J 13 are Y �er9� •^ ed F)F-£2treelea • •uen- :r�..� rJCDC GENERAL CONDITIONS 1910 8 (1990 EtLtmn) w1 Cl FY OF FORT COLLINS MODIFICATIONS (REV 42000) %RTICLE a BONDS AND INSURANCF Performance Payment and Othei Bonds 51 CONTRACTOR shall hrrrush Performance and Pavment Bonds each in an amount at least equal to the Contract Price as security for the faithful performance and Payment of all CONTRACTORs obligations under the Contract Documents These Bonds shall remain in effect at least until one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations or be the Contract Documents CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named In the current list of Compamcs Holding Certificates of 4uthori[y, as acceptable Sureties on Feder il Bonds and as Acceptable Reinsuring Compames as published in Circular 570 (amended) by the Audit Staff Bureau of Got ernment FInanclal Operations, US Treasury Department All Bonds signed by an agent must be accompanied by a certified cop% of such agents authority to act 52 It the surety on any Bond furnished by CONTRA( TOR is declared a bankrupt or becomes Insolvent or its right to do business is terminated in any state where anv part of the Project is hlcited or it ceases to meet the requirements of paragraph o 1 CON"I RAC FOR shall within ten days thereafter substitute another Bond and surety both of which must be acceptable to OWNER 93 Licensed Sureties and Insurers Cerrificates of Insurance 5 3 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or msmancv ompames that are duly licensed or authorised in the 7unsdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as mar be provided mthe Supplementary Conditions 532 CONIRACTOR shall deliver to OWNER - with copies to each additional insured identified in the Supplementary Condmons. certificates of Insurance (and oda�r evidence of uismarna requested by ()VSTiER or any other additional insured) which CONTRAC I OR is required to purchase and maintain in accordance with paragraph 5 q nJmrnJ1B4gl ..l additional —insured identified ar: Or ari othef additional "n'nv'z��. cegdtred4o pu e3r�JA Pafagfflphs 5 6 and 5 7 4reot CONTRACTOR s Liabihti Insurance 5 4 (.ONTRACI OR shall purchase and maintain such habihty and other Insurance as is appropriate for the Work being performed and furnished and as will provide Protection from claims set forth below which may arise out Of or result from CONTRACTORS performance and fitrmshmg of the Work and CONTRACTORS other obligations under the Contract Documents, whether it Is to be performed or turmshed by CONTRACTOR, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or furnish any of the Worl, or by anyone for whose acts an} of them may be liable 54 1 clans under workers compensation, disability benefits and other similar emplovee benefit acts 42 damns for damages because of bodily injury occupational sickness or disease or death of (ONTRACTORs employees � 4 3 claims for damages because of bodily injury sickness or disease or death of an) person other than CONTRA( TORS employees pefsonal-hitury, Indirectly related other- fewer 545 damns for damages other than to the Work itself because of mlury to or destruction of tangible property wherever located. including loss of use resulting therefrom and � 4 6 clamis for damages because of bodily mjun or death of an) person or property damage arising out of the ownership maintenance or use of any motor vehicle The policies of msmance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs 5 43 through 5 4 6 meluswe and 5 4 9 include as additional insureds (subject to qm customary exclusion in respect of professional liability) OWNER ENGINEER ENGINEERS Consultants and any other persons or entities identified in the Supplementary Conditions all of whom shall be lusted as additional insureds, and include coverage for the respective officers and emplovees of ill such additional insureds � 4 3 include the specific coverages and be written for not less than the limits of liability provided in the Supplementan Conditions or required by Laws or Regulations. whichever is greater s 4 Q include completed operations insurance ErCDC GENERAL CONDITIONS 1910-5 (1990 Edmw) w/CIT1 OFFORI COLLINS MODIFICATIONSIREV4Ra00j 5410 include contractual Lability insurance coveting CONTRACTORS indemnity obligations under paragraphs o 12 b 16 and 6 31 through o n, 5 4 11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional Insured identified in the Supplementary Conditions to whom a certificate of insurance has been Issued (and the certificates of Insurance furnished by the CONTRACTOR pursuant to pamgriph 5 3 2 will so provide) 5 412 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting removing or replacing defeenie Work in accordance w ith paragraph 1, 12 and 5 413 with respect to completed operations Insurance and am insurance coverage written on a claims made basis, remain in effect for it least two years after final payment (and CONTRA( TOR shall tumish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been Issued evidence satisfactory to OWNER and any such additional insured of continuation of such msurance at final pmvment and one year thereafter) O11 NFR s Liability Insurance 5 � In addition to insurance required to be provided by CONTRACTOR under paragraph � 4 OWi IFR at OWNERS option, may purchase and maintain at ORNERs expense OWNERS own liability insurance as will protect OWNER against damns which may arise from operations under the ( ontrict Do curnents Properry Insurance 5-6 1 include thie— H I ests—of— AVPFT,.R C(43,gR'CTOP S Isolrtrastais EP16AauERR �uedBSeR-Insures ,.� .. J A 5{6' Ae' ft a —gee .J� � 11 nv ivwori ,i' —_ mansN�rga:r�'-"�eest the--fellow++,@�rerds— firms replaf"In.in of An �utlimited to -net s Ms ,iR�erq Ind areht[ecisr eF at mether4aemerTthat-w PFe; ]do that �e4l �--- bv R� TGn1NNEER�mcl �9 OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR Subcontractors or others Ira C d.._. rl—erAa��flsk of "d 4aduenbla k�ng any suchloss and f any ,.r «L .... ,... ..L.... .. purchaseinw�ninnibun It At the a%.nt eiipeau.. , 10—If in vvrihng that athc� "f 7 she!! ssL_ ..A queh ing,remo _ rtjwltherml `vIll he cha_ . o CoNTRACTOR � � Change""� ea' Wra�ga hnendnlevat Prter to 10 FJCDC CLNERAI CONDITIONS 19108(1990 Ed�lwn) a CITY OF FORT COLLINS MODIFICATIONS (RE14(2000) er ` rags m inSFiFBn^" Leta L. nlirnrE:n as trust:.: {aF _.L�..' "" i" 5 11 ' Fn—addd,t: li�nmiEo :`. e.: e; all- lights ^gant":t (= t 41ZACTOF bubeentf of r� •gyp 0• RRd L ..ff f_ ..ph C v paragr �1 shall L, 1 -�0�-p@�mB^.�. a In the event YF-no righiS-et Receipt and Application of Insurance proceeds 12 Any insured loss under the policies of insurance required by paragraphs � 6 and ) 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds as they interests may appear subject to the requirements of am applicable mortgage clause and of paragraph 513 OWNER shall deposit in a separate account any move} so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof cot ered by an appropriate Change Order or Written Amendment � 13 OWNER as fiduciary shall have power to adjust and settle any loss with the Insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNERS exercise of this power It such objection be made OWNER as fiducrary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached OWNER as fiduumry shall adjust and settle the loss with the insurersu Interest, `.•v. boni��- the proper .c,strium e s Acceptanee of Bonds and Insurance Option to Replace s 14 If eaher�j--�CTOE) OWNER has any objection to the coierage afforded by or other prof isions of the Ponds o insurance required to be purchased and maintained by the ether-- partv CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents the OWNER will notify CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates for te—t.,i �nss requested) to OWNER as required by paragraph 2 7 prav+de-sush and a hang, rude. shallbe issued te adjust tk C-ontraeEprieeseeexing}r Partial flnti.anon—Property Insurance 115 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial =DC COVER AL CONDITIONS 19104 (1990 Edimonl w TTY OF FORT COLLINS MODIFICATIONS fREV 40000) ( ompletion of all the Work such use or occupancy may be accomplished in accordance with paragraph 1410 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6—CONTRACTOR S RESPONSIBILITIES Supervision and Supenntendenee 61 CONTRACTOR shall supervise inspect and dureet the Work competently and efficiently devoting such allmtlon thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the C,ontraet Documents C ONTRACTOR shall be solely responsible for the means, methods techniques sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means method technique sequence or procedure of construction which is shown or indicated in -ind expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work compltes accurately with the Contract Documents o 2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTORS representative at the site and shall hive luthority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor blatenalsand Equipment 63 CONTRACTOR shall provide competent suitably qualified personnel to survey biy out and construct the Work as required by the Contract Documents CONTRACTOR shall at ill times maintain good discipline rid 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 otherwise indicated in the Contract Documents all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overture work or the performance of Work on baturday Sunday or any legal hohdav wrhout OWNERS written consent 6i%en after prior written notice to ENGINEER CONTRA(. FOR shall submit recuesls to the ENGINEER no less than 48 hours in advance of any Work to be i'tormcd on Sarurdsy, SundeY, HohdaYs or outside the Rewlar 1k orking Hours 64 Unless otherwise specified in the General Requirements CONTRACTOR shall furnish and assume lull responsibility for all materials, egmpmemL labor transportation, construction equipment mid machinery tools, appliances, fuel power light heat telephone water sanrtary facilities tempomFi facilities and all other facilities and incidentals necessary for the furnishing performance testing start up and completion of the Wort. 641 purchasing Restrictions CONTRACTOR must comply with the City s purchasing restrictions A copy of the resolutions are available for review in the Offices of the Purchasing and Risk Management Division or the City Clerks office 642 Cement Restrictions Cfty of Fort Collins Resolution 91 121 requires that suppliers and producer of cement or products contaimne cement to cern _that the cement was not made m cement kilns that bum hazardous w aste as a fuel 61 All materials and equipment shall be of good quality and It w except as otherwise provided in the Contract Documents All warmnnes and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by IN(=INEER CONTRACTOR shall furnish satisfactory evidence (inLludurg reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied installed, connected erected used, cleaned and conditioned in accordance with instructions of the applicable Supplier except as otherwise prov ided in the C ontract Documents Progress Schedule 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from trine to time as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 29) proposed adjustments in the progress schedule that will not change the Contract Tunes (or Milestones) Such adjustments will conform generally to the progress schedule then in ctfect and additionally will comply with any provisions of the General Requirements applicable thereto 6 0 - Proposed adjustments in the progress schedule that will change the Contract Times (or Nhlestones) shall be submitted in accordance with the requirements of paragraph 121 Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article I 67 Subsrtutesand Ortqual Items 6 7 1 Whenever an item of material or equipment is specified or described in the Contract Documents bN using the name of 9 proprietary item or the name of a particular Supplier the specification or description is mended to establish thv type function and quality required Unless the specification or description EKDCGENERAL CONDITIONS 1910 8 (1990 Eamon) 12 w/ CITY OF FORT COLLINS MODIFICATIONS(REV4R0001 contains or is followed by words reading that no like equivalent or or equal item or no substitution is permitted other Items of material or equipment or material or equipment of other Suppliers ma} be accepted by ENGINEER under the following circumstances 6711 Or Equal If in ENGINEERs sole discrenon an Rem of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, R may be considered by ENGNFFR as an or -equal item in which vise revtew and approval of the proposed item may in ENGINFERs sole discretion, be accomplishes] without LompltInce with some or all of the requirements for acceptance of proposed substitute items 6 7 1 2 Subntituie Items If m ENGINEFRs sole discretion an item of material or equipment proposed be CONTRACTOR does not qualify as an orrqugI item under subparagraph 67 1 1 it will be considered a proposed substitute Rem CONTRACTOR shall submit sufficient Information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially almvalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the Uencral Requirements and as ENGINEER mqv decide is appropriate under the circumstances Requests for review of proposed Substitute items of material or equipment will net be accepted by FNGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substrate item of material or equipment ( ONTRACTOR shall first make written application to ENGINEER for acceptance thereof cernfvmg that the proposed substitute wdl perform adequately the functions and achieve the results called for by the general design be similar in substance to that specified and bc, suited to the same use as that specified The application w ill state the extent. if am to which the evaluation and acceptance of the proposed substitute will prejudice CONTRA( TORS achievement of Substantial Completion on time whether or not acceptance of the substitute for use in the Rork will require a change in am of the Contract Documents (or in the provisions of anv other direct contract with OWNER for wort, on the Project) to adapt the design to the proposed substitute and whether or not mcorporTtion or use of the substitute in connection with the Work is subject to payment of am license fee or rovally All vanations of the proposed substimtc from that specified w ill be Identified in the application and available maintenance repair and replacement service will be indicated The application will also contain an itemized estimate of ill costs or credits that "ill result directly or indirectly from loteptance of such substitute including costs of redesign and clams of other L,mmcIors affected by the resulting change all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to tannish additional data about the proposed substitute 6 7 1 3 (ONTRACTOR s Fxpenre .W datato be provided by CONTRACTOR in support of anv proposed or -equal or substitute item will be at CONTRaCTORs expense 672 Substitute Construction Mediods or Prccedures If a specific means method, technique sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR miry furnish or utilize a substitute means method technique sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEERS sole discretion to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that pia ided in subparagraph 6 7 12 673 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to pmagraphs 6 7 1 2 and 6 7 2 ENGINEER will be the sole judge of acceptability No or equal or substitute will be ordered installed or utilized without ENGINEERS prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to fimnsh at CONTRACTORS expense a special performance guarantee or other sureh uith respect to am oOequal or substitute ENGENEFR will record time required by ENGINEER and ENGINEERS Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6 7 1 2 and 6 7 2 and in mal mg changes in the Contract Documents (a in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRA( TOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGNEERs Consultants for evaluating each such proposed substitute item 6.8 Concerning Subcontractors Suppliers and Others 681 CONTRACIOR shall not employ any Subcontractor Supplier or other person or organization (mcludme those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 ^) whether uutially or as a substitute against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor Supplier or other person or organization to furnish or perform any of th, Work Against whom CONTRACTOR has reasonable objection CONTRACTOR shall perform not less than 20 percent of the Wort. with its own forces (that IS without subcontracting) The 20 percent requirement shall be understood to refer to the W ork the value of which totals not less than 20 percent of the Contract Price 6 8 2 4 the Supplementary ( mat imr Bidding Documents require the identiry of certain Subcontractors Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER date prior to the Effectiv e Date of the Agreement for acceptance by OWNER and ENGINEER—and--k , Hae,4 atelist thereof _ ^ OWNERs or ENGINEERS acceptance (eitherin writing or by tailing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any sash Subcontractor Si pp1.ff eF other person ergmrrza8-._�—ec basis of naasenaWe objection after due am estagatien in which Aqd (-ONTRACTOR shag �bmat an such substinition and an a illl be . _ RtIpM Amendment signed - will constitute a condition of the ( ontract reguffmg the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approv_Al_ m obtained from OWNER and ENUINEER No acceptance by OWNER or FNGNFER of anv such Subcontractor Supplier or other person or organization shall constitute a waver of any right of OWNER or FNGTNEER to reject defective Work 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENUINEER for All acts and omissions of the Subcontractors Suppliers and other persons and organizations performing or famishing any, of the Work under a direct or indirect contrut with CONTRACTOR just as CONTRACTOR is responsible for ( ONTRACTORs own acts And omissions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor Suppler or other person or organization any contractual relationship between OWNER or ENGINEFR and any such Subcontractor Supplier or other person or organization net shall it create any obligation on the part of OWNFR or ENUINEER to Pao or to we to the payment of any moneys due any such Subcontractor Supplier or other person or organization except as may otherwise be required by Laws and Regulations OWNER or ENGINEER may furnish to anv subcontractor suppher or other person or orsanvatwa evidence of amounts paid to CONTRACTOR in accordance with CONTRACTORS Notications for Payment EI(Tll GENERAL CONDITIONS 1910 a (1990 Editim) 13 W CITY OF FOR r COLLINS MODIFICATIONS (RM 40000) 6 9 2 CONTRACTOR shall be solely responsible for scheduling end coorchnating the Work of Subcontractors Suppliers and other persons and orgamaations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or tarnishing any of the Work to communicate with the ENGINEER through CONTRACTOR o 10 The divisions end seotlons of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Wort. among Subcontractors or Suppliers or delineating the Work to be performed by am specific trade 611 AJI Work performed for COONTRACIOR by a Subcontractor or Supplier Weill be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically brads the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the bcrn,fit of OWNERand ENGINEER \l hen-yeran such-,reeme_, areimg Out of Or restruing Fican any Of me per its ceverea ey sash policies and nary other proper ty insurance applicable to ,the Work If crl.e .., ma s on a 5 such policiesrequir B be signed lw any t,At>zFi2ilCTAi�wtF4ebtatrtthesima _ OF Patent Fees and Royalties 612 CONTRACTOR shall pay all license fees and rowalties and assume all costs incident to the use in the performance of the W ork or the incorporation in the W ork of am my ention design, process, product or device which is the subject of patent rights or copyrights held by others If a particular invention, design process product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual know ledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to othen the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harenless OWNER ENGINEER, ENGINEERS Consultants and the officers directors employees, agents and other consultants of each and any of them from and against all claims costs losses and damages arising out of or resulting from anv infringement of patent rights or copyrights incident to the use In the performance of the Work or resultine from the Incorporation in the Work of any invention design process product or device not specified in the Contract Documents EICDC GENERAL CONDITION81910 8 (1990 Edam) 14 w 1 CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) Permits 613 Unless otherwise proarded in the Supplementary Conditions CONTRACTOR shall obtain and rev for all construction permits and licenses OWNER shall assist CONTRACTOR when necessary in obtaining such permits and licenses CONTRACTOR shall pa} all goweriunental charges and inspection fees necessary for the prosecution of the Rork, which are applicable at the time of opening of Bids or if there are no Bids on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 614 LausandRegulaftons 6 14 1 CONTRACTOR shall give all m4me and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required b) applicable Laws and Regulations neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTORS compliance with anv Laws or Regulations 0142 If CONTRACTOR performs any Work know ing or haw ing reason to know that it is contrary to Laws or Regulations, C ONTRACI OR shall bear it] claims costs losses and damages caused bw arising out c f or resulting therefrom however it shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are In accordance with Laws and Regulations but this shall not relieve CONTRACTOR of CON I RACTORs obligations under p-iragriph 3 3 Taxes o 15 CONTRACTOR shall pay all sales, consumer use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws and Regulations of the place of the Project which are applicable diming the performance of the Work 6 15 1 OWNER is exempt from Colorado State and local sales and use tares on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Rice Address Colorado Department of Revenue State Capital Annex 1 75 Sherman Street Denver Colorado, 90261 Sales and Use Taxes for the State of Colorado Regional Transportation District IRTDI and certain Colorado counties are collected by the State of Colorado and are included in the Certificabon of Exemption .all applicable Sales and Use Taxes (including State collected taxes) on any items other than construction and buildin, materials physically mcorporated into the erect are to be paid by CONTRACTOR and are to be included in appropriate bid items L re ofPremues 616 CONTRACTOR shall confine construction equipment, the storage of materials 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 Laws and Regulations rights of way permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area or to the owner or occupant thereof or of anv adjacent land or areas resulting from the performance of the W ork Should any claim be made by ariu such owner or occupant because of the performance of the Vl ork CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim h) arbitration or other dispute resolution proceeding or at law ( ONTRA( TOR shall to the fullest extent permitted by Laws and Regulations mdemnifv and hold harmless OIVNER ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by an) of them from and against all claims costs losses and damages ansing out of or resulting from Toy claim or action, legal or equitable brought by any such owner or occupant against OWNER. ENGINEER or any other part) indemnified hereunder to the extent caused by or haled upon CONTRACTORS performance of the W ork 6 17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials rubbish and other debris resulting from the Work At the wmplction of the Work CONTRACTOR shall remove all waste materials rubbish and debits from and about the premises as well as all tools appliances construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and madv for occupanr.) by OWNER at Substantial (ompletion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 6 1 S ( ONTRACTOR shall not load nor permit anv part of any structure to be loaded in any manner that will endanger the structure nor shall CONTRACTOR subject inn part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents F1CDr GENERAL CONDITIONS 1910 9 (1990 Fthhon) CITY OF PORT COLLINS MODIFICATIONS (REb 4R000) 6 1 o CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings Specifications Addenda Written Amendments Change Orders Rork Change Directives Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9 q) in good order and annotated to show all changes made dunng construction These record documents together with all app-med Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Lpon completion of the W ork, and prior to release of final payment these record documents, Samples and Shop Dmwt%s will be delivered to FNGfNEER for OWNER Safety and Protection 62o CONTRACTOR shall be responsible for minanm„ maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to pret ent damage injury or loss to 620 1 all persons on the Work site or who may he affected by the W ork 6 20 2 all the Work and materials and equipment to be incorporated thereto, whether in stodge on or off the site and 6 20 3 other property at the site or adjacent thereto including trees shrubs, lawns, walks, pavements, roadways structures, utilities and Underground Facilities not designated for removal relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage mjury or loss and shall erect and maintain all necissarq safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Rork may affect them and shall cooperate with them in the protection removal relocation and replacement of their property ,all damage mjury or loss to any property referred to in paragraphs 6 20 2 or 6 20 n caused. directly or indirectly in whole or in pert, by CONTRACTOR am Subcontractor Supplier or any other person or organization directly or indirectly employed by any of them to perform or famish any of the R ork or anyone for whose acts any of them may be liable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Spe(aLoatiuns or to the acts or omissions of OWNER or ENGEVEER or ENGINEERS Consultant or anyone employed by any of them or anyone for whose acts anv of them may he liable and not attnbutahle directly or indirectly in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTORS duties and responsibilities for the satety and protection of th Work shall continue until such time as all thc Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except its otherwise expressly provided in connection with Substantial Completion) 621 Safety Representatne CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the pret emion of accidents and the maintaining and supervising of safity precautions and programs Hazard Communication Programv 622 CONTRACTOR shall be responsible for coordinating anv exchange of material safety data sheets or other hazard communication information required to be made mailable to or exchanged between or among, employers at the site in accordance with Laws or Regulations Emergencies 623 In emergencies affecting the safety or protection of persons or the 1A ork or property at the site or adjacent thereto CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prey em threatened damage injury or loss CONTRACTOR shall give ENCTNEFR prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the (ontract Documents ha% been caused thereby If EN( INEER determines that a change in the Contract Documents is required because of the action taken by CONTRAC TOR in response to such an emergency a lb ork Change Directit e or Change Order will be issued to document the consequences of such action 624 Shop Drawings and Samples 6241 CONTRACTOR shall submit Shop DrawmEs to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities dimensions specified perfommnce and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable FNGEVEER to review the information for the limited purposes requiral bs paragraph 6 16 6242 (ON IRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified olearh as to material Supplier pertinent data such as catilog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to restew the submittal for the limited 16 ER DC GENERAL CONDITIONS 1910 8 (1990 Ebb.) 1 C1 rY OF FORT COI L[Ns MODIFICSTIONS(REV 4 000) purposes required by paragraph 626 The numbers of each Sample to be submitted w ill be as specified in the Specifications 625 Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 all field measurements quantities dimensions specified performance criteria installation requirements materials catalog numbers and similar information with respect thereto 625 12 all materials with respect to intended use fabrication shipping handling storage assembly and installation pertaining to the performance of the 11v ork and 62513 all information relative to CONZRACTORs sole responsibilities in respect of means methods techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordmated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the ( ontract Documents 0 25 2 Each submittal "ill bear a stamp or specific written indication that CONTRACTOR has satisfied CONCIRACTORs obligations under the Contract Documents with respect to CONTRACTORS review and approval of that submittal 6 25 � At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations it any that the Shop Drawing or Sample submitted in iy have from the requirements of the Contract Documents such notice to be in a written communication separate from the submittal and in addition, shall cause a specific notation to be msde on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Draw rags and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph21) ENGLVEERs review and approval will be only to determine it the items covered by the submittals will after installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as s functioning whole as indicated by the Contract Documents ENGTNEERs review ind approv it will not extend to means methods techniques sequences or procedures of construction (racept where a particular means, method technique sequenec or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTR ACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627 FNGNLERs review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for anv variation from the requirements of the Contract Documents unless ( ONTRACTOR has in writ% called ENC,NEERs attention to each such variation at the time of submission as required by paragraph 6 25 1 and ENGNEER has gn en written approval of each such variation by a specific written notation thereof incorporated in or accompany ing the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibdih for complying with the requirements of paragraph 6 2, 1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Draw mg and Sample submissions accepted by ENGINEER as required by paragraph 2 9 any related Work performed prior to ENGNEERs review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work ( 20 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or chsagreemems w rth OWNER No Work shall be delm ed or postponed pending resolution of any disputes or disagreements except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise ague In writing 630 CONTRICTORs General Warranty and Guarantee 6301 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGNEERs Consultants that all Work will be in accordance with the Contract Documents and will not be defecine CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse modification or improper maintenance or operation by persons other than CONTRAC TOR, Subcontractors or Suppliers or 6301 2 normal wear and tear under normal usage 6302 CONTRACTORS obligation to perform and complete the Rork in accordance with the Contract Documents shall be absolute None of the following will comumte an acceptance of Work that is not in LICDCCFNE CONDFUGM 1910-80990Edition) wl CITY OF FORT COLLIN9 MOD1F1C41TON9 iRFV an00n) accordance with the Contract Documents or a release of CONTRACTORS oblifation to pertorm the Work in accordance w ith the Contract Documents 6 30 2 1 observations bv ENGINEER 6302 _2 recommendation of any progress or final pavinent by FNGINEER 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the lb ork or any part thereof by OWNER 6 30 2 5 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop Draw mg or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14 13 6 302 7 anv inspection, test or approval by others or 6 30 2 8 anv correction of *Iecnl e W ork by OWNER Indemneficanon 6 31 To the fullest extent permitted by Laws and Reguhitions CONTRACTOR shall mdemnifv -ind hold harmless OWNER ENGNEFR, ENGINEER% Consultants and the officers directors employees, agents and other consultants of each and any of them from and against all clams costs losses and damages (including but not limited to all fees and charges of engineers architects attomevs and other professionals and all court or arbitration or other dispute resolution costs) caused by arising out of or resulting from the performance of the W ork provided that anv such claim cost, loss or damage li) is attributable to bodily injury sickness disease or death or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (11) is caused in whole or in part by any negligent nct or omission of CONTRACTOR airy Subcontractor any Supplier any person or organization directly or indirectly emploved by any of them to perform or turrush any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused in pan by any negligenec or omission of a person of cntity indemnified hereunder or whether habihty is imposed upon such mdemmfied parry by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all clams against OWNER or ENGINEER or site of their respective consultants agents, Officers directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, anv Subcontractor any Supplier any person or orgamradon directly or indirectly emploved by 17 furnishing of the Work 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 pro]ect should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 any of them to perform or furnish any of the Work or snvone for whose acts any of them may be liable the indemnification obligation under paragraph631 shall not be limited in any way by am limntanon on the amount or type of damages compensation or benefits pavable by or for CONTRACTOR or am such Subcontractor Supplier or other person or Organisation under workers compensation acts disability benefit acts or other emplovee benefit acts 633 The indemnification obligations of ( ONTRACTOR under paragraph 6 31 shall not extend to the liability of ENGINEER and ENGINEER s Consultants officers, directors cantilevers or agents caused be the professional negligence errors or omissions of any of them Sarnval ofObligahons 634 All representations indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents as well as all continuing obligabons indicated in the Contract Documents will survive final payment, completion and sccepmnce of the Work and termination or completion of the Agreement ARTICLE 7 OTHER N'YORR Related Wor k at Site 71 OWNER may perform other work related to the Project at the site by OWNFRs own forces, or let other direct contracts therefor wluch shall contain ueneral ( onditions sundar to these or have other work performed by utility owners It the fact that such other work its to be performed was not noted in the Contract Documents then ti) wntwn notice thereof will be gn en to CONTRACTOR prior to starting any such other work and (it)CONTRACTOR may make a clan therefor as provided in Articles l 1 and 12 it CONTRACTOR believes that such performance will Involve additional expense to CONTRACTOR or requires additional tmte and the plrltes are unable to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor who is a pary to such a direct contra(S and each milav owner (and OWNER, it OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the mtrodI ction and stories, of materials and equipment and the execution of such other w ork and shall properly connect and coordinate the Work with fliers Unless otherwise prorrded in the Contract Documents CONTRACTOR shall do all cutting, fitting and patching of the Work that may be requited to make its several parts come together properly and integrate with such other work ( ON TRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be aflected The duties and responsibilities of CONTRACTOR under this paragraph arc for the benefit of suoh utility owners and other contractors to the extent that there are comparable EICDC CENTRAI CONDITIONS 1910 S 0990 Edit,M) is a/ CITY OF FORT COLLINS MODIFi( ATIONS (REV 41000) provisions for the benefit of CONTRACTOR in said ditect contracts between OWNER and such utilitv owners and other contractors 73 If the proper execution or results of my part of CONTRACTORS Wok d-pends upon work perforated by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTORS Work (CONTRACTORS failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for latent or nonapparent defects and deficiencies in such other work C oorrhnahon 74 If OWNER contracts with others for the performance of other work on the Project at the site the following will be set forth in Supplementary C mditions 74 1 the person firm or Lorporation who w ill have authority and responsibilitv for coordination of the activities among the s arious prime contrtors will b, identified 742 the specific matters to be covered by such authority and responsibility will be itemized and 7 4 3 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementun Conditions OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE S- 0N4 NER S RESPONSIBILITIES 81 Except as otherwise provided in these General Conditions OWNER shall issue all communications to CON IRACTOR through ENGINEER 82 In case of termination of the employment of ENGINEER OWNER shall appoint an engineer against wher{CONT-RACT-OR makes no jc2ilcii whose status under the Contract Documents shall be that of the former ENGINEER 8 3 OWNER shall furnish the data required of OWNER under the COntriRt Documents promptly and shall make pavritents to CONTRACT OR promptly when they are due as provided m paragraphs 14 4 and 14 13 b 4 OWNERS duties in respect of prof idmg lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 1 and 44 Paragraph 42 refers to OWNERS identifying and making available to CONTRACTOR topics of reports of explorations and teals of subsurfac conditions at the site and drawings of physical conditions in evstmg structures at or contiguous to the site that ha% e been utilized by ENGINEER in preparing the Contract Documents tIr. LC1!\ 86 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 S7 OWNFRs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 SS In connection with OWNERS right to stop Work or suspend Work see paragraphs 13 10 and 15 1 Paragraph IS2 deals with OWNFRs right to terminate services of CONTRACTOR under certain circumstances 89 Inc, OWNER shall not supervise direct or have control or authorAN over nor be responsible for CONTRA(.fORs means, methods techniques, sequences or procedures of construction or the safety precautions and programs incident thereto or for any failure of ( ONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Wort. OWNER will not be responsible for CONTRACTOR, failure to perform or furnish the Work in accordance with the Contrnet Documents RadRReuve-N4aterre4�-ru eoSd o�.,.�„- -a -• the -sue -is 4- "I it and to the ext rt nnTTn L_e-a ed-to-MMsh c::po La .. a been ado t...tf. 9Vz, .. cn Hi3iS : , -under theCem_ na Faspeaiabgit;� in ct thereof will be as set feFth in the Supplementary -Conditions ARTICLE 9 ENNrCINEFR S STATt S DURING CONSTRUCTION OtVAER s Representative 91 ENGINEER will be OWNERS representative during the construction period The duties and responsibilities and the limitations of authonn of ENGINEER as OWNERS n.presenlative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Eimis to Site 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessan in order to observe is an experienced and qualified design professional the progress E]CDC GENERAL CONDITIONS 1910 8 1990 E huon i a CITY OF FORT COLLINS MODIFICATIONS(REVdfi000) that has been made and the quality of the various aspects of CONTRACTOR s executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in ],eneral if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make eshaustive or continuous on site Inspections to check the quality or quantih of the Work ENCINEERs efforts will be directed toward providing for OWNER a greater degree of Confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on site observations ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEERS visits and on site observations are subject to all the limitations on ENGINEERS authorim and responsibility set forth in paragraph 9 13 and particularly but without limitation, during or as a result of ENGINE] Rs on site visits or observations of CONTRACTORS Wort. ENGINEER will not supervise direct control or have authonh over or be responsible for CONTRACTORS means methods techniques sequences or procedures of construction, or the safety precautions and programs incident thereto or for anv failure of CONTRA( TOR to comply with Laws and Regulations applicable to the turmsfung or performance of the Work Project Representani e 9, If OWNER and ENC[NEER agree I NGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work The responsibilities and suthorm and limitations thereon of anv such Resident Project Representatne and assistants will be as provided in paragraphs93 and 913 and in the Supplementary Conditions of these Cenral Conditions It OWNER designates another representative or agent to represent OWNER at the site who is not ENUINEERs (onsullant, agent or employee the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph o 3 9c1 The Representatives dealings in matters pertaining to the on site work will, in general, be w Ith the ENGINEER and CONTRACTOR But thc. Rentesematne will keep the OWNER properlt advised about such matters The Representatives dealings with subcontractors will onb be through or with the full knowledge and approval of the CONTRACTOR 932 Duties and Resocnsibdrties Represenmtwe will 9321 Schedules Re%iew the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concernme acceptabilit 9 3 2 2 Conferences and Meeting Attend meeting with the CONTRACTOR such as preconstructlon conferences progress meenngs and other lob conferences and prepare and circulate copies of minutzs of meetings Q 3 2 3 Liaison 93231 Serve as ENGINEERS liaison with CONTRACTOR, working, pnncipally through CONTRACTORS superintendent to assist the CONTRACTOR m understanding the Contract Documents 93232 4ssist in obtaining from OWNER additional details or Information- wh n required for proper execution of the lb ork 9 3 2 j 3 Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing o sample submission if the submission has not been approved by the ENGINEER Q 3 2 4 Review of 'A ork Rejection of Defectn e Work inspections and Tests 9 3 2 4 1 Conduct on site observations of the Work in progress to assist the EN(rINFER in deterrnimnu that the Work is proceeding In accordance with the Contract Documents 93 2 4 3 Accompany visiting inspectors representing public or other agencies having urn isch tion oe er the Proiect record the results of these inspections and report to the ENGINEER 0,25 Interpretation of Contract Documents Report to ENGINEER when clinfications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and mierpretation of the Contract Documents as issued by the ENGINEER Q 3 2 b Modifications (.oneider yid evaluate CONTRACTORS suggestions for ER,Dt, OFNERAL CO=ON81910-8 (1990 Coman) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/°000) modification in Drawings or Specifications and report these recommendations to ENGINEER ,accurately transmit to CONTRACTOR decisions Issued bt the FNGINEER Q 3 2 7 Records 9 � 2 8 Reports Q 3 2 8 1 Furnish ENGINFF R period reports, as required. of the progress of the Work and of the CONTRACTORS comphance with the proetess schedule and schedule of shop Drawing and sample submittals 9 3 2 8 2 Consult with ENGINEER m advance of scheduling manor tests. inspections or stirt of important phases of the Work Q 3 2 8 3 Draft pronosed Change Orders and Work Drectne Changes obtammg backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 93284 Report nine Lately to ENGINEER and OWNER the occurrence of any accident 93 29 Payment Requests Review applications forDavment with CONTRACTOR for compliance with the estabbshed procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationslup of the payment requested to the schedule of value work completed and materials and equipment delivered at the site but not incorporated in the W oil. 93210 Comptetion 9 3 2 10 1 Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items n2qLmne correction or completion 9 3 2 102 Conduct final inspection in the cone nv of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 932103 Observe that all items on the final list have been corrected or completed andand male recommendations to ENGINEER concer t& acceptance 93 3 L raitation of Authority The Representative shall not 9 3 3 1 Authorize any deviations from the contract Documents or accept anv substitute materials or equipment unless authorized by the ENGINEER 9 3 3 2 Exceed limitations of ENGINEERS authority as set forth in the Contract Documents 9 3 13 Undertake any of the responsibilities of the ( ONTRACTOR, Subcontractors, or ( ONTRA( 1 OR S superintendent 9 3 4 Advise 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 s Advise on or issue directions reeardmg or assume control over safety precautions and programs in connections with the wort. 9 3 3 6 Accept Shop Dr iwmgs or sample submittals from anyone other than the CONTRACTOR 9 3 3 7 Authorize OWNER to occupy the Worl, in whole or in part 93,8 Participate in specialized field or laboratory tests or inspections conducted by others extent as specifically authorized b} the ENGINEER Llanfieanons and Interpretation 04 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIOh9191" (1990 Fah-) wr OTY OF FORT COLLI V MODIFICATIONS (REy 4/Ma0) requirements of the Contract Documents (m the form of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable front the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRA( TOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any OWNER or ( ONTRACTOR may make a written claim therefor as provided in Article I or Article 12 4uthorized t anahons in Work 9s FNGINEER may authorize minor variations in the y\ ork from the requirements of the ( ontract Documents which do not involve an adjustment in the ( ontract Price or the Contract Times and are compatible with the design concept of the completed Project as a functionng whole as indicated by the Contract Documents These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved prompth If OWNER or CONTRAC MR believes that a Frcid Orderjustifies m adjustment in the Contrnct Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12 Rejecting Defeetn a Work 9 6 FNGMEER will have authority to disapprove or reject Wort. which ENG INFER believes to be defectrve or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the miegrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also hate authority to require special inspection or testing of the W ork as prof ided in paragraph 13 9 whether or not the W ork is fabricated, installed or completed Shop Dranings Change Orders and Pajments 97 in connection with ENGINEERS authority as to Shop Drawings and Samples see paragraphs 624 through 6 28 inclusive 9 8 In connection with ENGINEERS authority as to Change Orders see Articles 10 11 and 12 99 In connection with ENGINEERS authority as to Applications for Payment see Article 14 Deternunationvfor Unit Prices 910 ENGINEER will determme the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERS prelmtinary deWmmanons on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEFRs written decision thereon will he final mil banding upon OWNER and CONTRACTOR, unless within ten days after the date of any such decision, either OWNER or CONTRACTOR dehs ers to the other and to ENGINEER written notice of intention to appeal from ENGINEERS decision and (i) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC A Dispute Resolution Agreement entered into between OWAtER and CONTRACTOR pursuant to Article 16 or (u) if no such Disput Resolution Agreement has been entered into a formal proceeding is instituted by the appealing party in a forum of competent junsdretion to exercise such rights or r medies as the appealing party may have with respect to ING[NEERs decision unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9 11 Decisions on Disputes 911 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptabdAv of the Work or the mterpretabon of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and clams under Articles 11 and 12 in respect of changes in flit, Contract Price or Contract Times will be referred mniafiy to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to ENGINFER and the other party to the Agreement promptlt (but in no event Inter than thirty dins) after the start of the occurrence or event givmg rise thereto and written supportmg data will be submitted to ENGINEER and the other partv within stxh days after the start Of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim dispute or other matter The opposing part, shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party s submittal if any in accordance with this paragraph LNGINEFRs written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) Tn appeal from ENGNEERs decision is taken within the tune limits and in accordance with the Procedures set forth in EXHIBIT GC A, Dispute, Resolution Agreement entered into between OWNFR and (ONTRACTOR pursuant to Article 16 or (it) it no such Dispute Resolution Agreement has been entered into a written notice of intention to appeal from ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing parry in a torum of competent jurisdiction to exercise such rights or remedies as the appealing party may have w ith respect to such claim dispute or other matter in accordanoc with applicable Laws and Regulations within sixty days of the date of such EICDC CENFRALCONDITIONS 1910-80990Ealmm) -- w1CITY OF FORT COLLIN5 MODIFICATIONS (R6V 41000) decision unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs910 and 911 ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with anv, interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 910 or 9 11 with respect to anv such claim dispute or other matter (except any which have been waned by the making or acceptance of fmal payment as provided in paragraph 14 IS) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of ariy such claim dispute or other matter o-AAWle-16 913 Limitations on LNGIA£FR s 4uthonty and Responsibilities 9 13 1 Neither ENGINEERS authority or responsibility under this Article 9 or under Tny other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER shall create impose or give rise to any duty owed by ENGINEER to CONTRACTOR anv Subcontractor any Supplier sin other person or organisation or to sny sureh for or employee or agent of site of them 91z2 ENGINEER will not supervise duet control or have authority over or be responsible for CONTRAMORs means methods techniques sequences or procedures of construction or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTORS failure to perform or furnish the Work in accordance with the Contract Documents 9133 ENGINEER will not be respomiblo for the acts or omissions of CONTRACTOR or of anv Subcontractor any Supplier or of arw other person or organization performing or furnishing any of the Wort. 9 10 4 ENGEEER s rem iew of the final Application for Payment and acconmpanytng documentation and all maintenance and operating instructions schedules guarantees Bonds and certificates of inspection tests and approvals and other documentation required to be delivered by paragraph 14 12 will only be to determine generally that their content complies with the requirements of and in the case of wrtrftcates of mspectiom tests and approvals that the results certified indicate compliance with die Contract Documents 9 14 s The limitations upon mthority and responsdahty set forth in tins paragraph 9 13 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10 C1RiNGES IN THE WORK 101 Without invalidating the Agreement and without notice to my surety OWNER may at any time or from time to time order additions deletions or revisions in the Work Such additions, deletions or revisions will be authorized b\ a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherw ise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the Contract Price or an adjustment of the Contract Tunes that should be allowed as a result of a Work Change Duectne a claim may be made therefor as provided in Article 11 or Article 12 103 ( ONTRA( IOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tun � with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 b except in the cast of an emergence as provided in paragraph b 23 or in the case of uncovering Work as provided in paragraph 13 9 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENCINEER (or W ritten Amendments) covering 104 1 changes in the W ork which are (i) ordered by OWNNER pursuant to paragraph 10 I pt) required because of acceptance of defeerne Work under paragraph 13 13 or correcting ckfeete Weak under paragraph 13 14 or (m) agreed to by the parties 10 4 '- changes in the Contract Price or Contract I rates Much are agreed to by the parties and 1043 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered b� ENGINEER pursuant to paragraph 9 11 prof ided that in lieu of executing any such Change Order an appeal may be taken from ani such decision in accordance with the prom Islons of the Contract Documents and applicable Laws and Regulations, but during any such appeal CONTRACTOR shall carry, on the Work and adhere to the progress schedule as provided in paragraph 6 29 105 If notice of anv change affecting the general scope of the Work or the prmisiorts of tht Contract Documents EICDCCEN RA CONDITIONS 19108 11990 FrLnanI iu CITY OF FORT COLLINS MODIFI( STIONS(R 4 0000 (including but not limited to Contract Price or Contract I imes) is required by the provisions of any Bond to be given to a surety the gn ing of any such notice will be CONTRACT OR responsibility and the amount of each applicable Bond will be adjusted accordingly ARTICLE 11 CHANGE OF CONTRACT PRICE 111 the Contract Price constitutes the total compensation (subject to authunzed adjustments) pavable to CONTRACTOR for performing the Work All duties responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR s expense without change in the Contract Price 11' the Contract Price may only he changed by a Churge Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no e ent later than dirty days) after the start of the occurrence or ear ent giving rise to the claim and stating the general nature of the claim Nonce of the amount of the claim with supporting data shall be deli%ered within such days after the start of such occurrence or event (unless 1NGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or eNent All claims for adjustment in the Contract Price shall he determined by ENGINEER in accordance with paragraph9ll if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be i alid if not submitted in accordance with this paragraph 11 7 11 4 The ialue of any Work cohered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows 11 i 1 where the Work me olved is cov eyed by unit prices contained in the Contract Documents by ipphcadon of such unit prices to the quantities of the items invoksed (subject to to provisions of _'3 paragraphs 11 9 1 through 119 3 inclusive) 11 32 wh re the Work imotved is not covered by unit prices contained in the Contract Documents by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not necessenh in accordance with paregniph 11 62) 11 3 , where the Work in, olved is not covered by unit prices contained in the ( ontract Documents and agreement to a lump sum is not reached under paragraph 1 1 3 2 on the basis of the Cost of the W ork (determined as prov coded in paragraphs 11 4 and 11 S) plus a CON IRACTORs fee for overhead and profit (determined as prov rded in paragraph 11 6) Cost of the R ork 11 4 The term Cost of the Work means the sum of all costs necessary} mcuired and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER such costs shall he in amounts no higher than those pretarhng in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11 5 1141 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full time at the site Payroll costs for employ ees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work payroll costs shall inalud,, but net be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions unemployment, excise and pavroll tapes workers compensation, health - - d a„r,�ttremereme" benefits-b� leavestek - "--"-- pre applicable thereto The expenses of performing Work after regular working hours on Saturday Sunday or legal holidays shall be included in the above to the extent authorized by OWNER 11 42 Cost of dI materials and equipment turnished and incorporated in the Work including costs of transportation and storage thereof and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER Al trade discounts rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11 4 , Pavmonts made by CONTRACTOR to the Subcontractors for Work puformed or furnished by Subcontractors If required by OWNER EJCDCOENLRAE CONT)ITIONS 1910-8 (1990Ed10am) -4 W=OF FORT COLLIN) MODIFICATIONS (REV 4�000) CONTRACTOR shall obtain oompeatlVe bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER which bids, if any will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTORS Cost of the Bork and fee as provided in paragraphs 114 11 5 116 and 11 7 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 1144 Costs of special consultants (including but not limited to engineers architects testing laboratories, surveyors attorneys and a.countants) employed for services specifically related to the Work 11 4 S Supplemental costs including the following 114 � 1 The proportion of necessary transportation, travel and subsistence expenses of (ONTRACTORs emplovees incurred in discharge of duties connected w ith the Work 11 4 ) 2 Cost including transportation and maintenance of all materials supplies, equipment machinery appliances oQrce and temporary facilities at the site and hand tools not ow tied by the workers w lath are consumed in the performance of the Work and cost lass market value of such items used but not consumed which remain the propenv of CONTRACTOR 114 � 3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CON I RACTOR or others in accordance with rental agreements approved by OWNER with the ady ice of ENUINEER, and the costs of transportation, loading unlcedrng Installation, dismanthng and removal thereot-all in accordance with terms of aid rental agreements The rental of any such equipment machinery or parts shall cease when the use thereof is no longer necessary for the W ork 11454 Sales consumer use or similar taxes related to the Work and for which CONTRACTOR is liable Imposed by Laws and Regulations 114 5 5 Deposits lost tot causes other than negligence of CONTRACTOR any Subcontractor or anvone directly or mdirectly employed by any of them or for whose nets any of them may be liable and rovalty payments and fees for permits and licenses 11456 Louses and damages (and related expenses) caused by damage to the Work not ompensnted by insurance or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of propertv insurance established by OWNER in accordance with paragraph 5 9) provided the have resulted from causes other than the negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by anv of them or for whose acts anv of them may be liable Such losses shall include settlements made with the written consent and approtal of OWNER No such losses, damages and expenses shall be included in the C ost of the Work for the purpose of determ ming CONTRACTORs fee If however am such loss or damage requires reconstruction and ( ONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 116 2 114 5 7 The cost of utthties, fuel and samtary facilities at the site 114 9 3 Minor expenses such as telegrams long distance telephone calls, telephone service at the site expressage and similar pettv cash items in uonnecnon with the 11, ork 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 11 , The term Cost of the Workshall not include any of the follow mg I I s I Payroll costs and other compensation of (ONTRAC IORs officers ewLmAes principals (of r nrtnership and sole proprietorships) general managers engineers, architects estimators, attomevs, auditors accountants purchasing and contracting agents expediters timekeepers clerks and other personnel emploved bd CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of lob classifications referred to in paragraph 114 1 or specifically Owered by paragraph 114 4 -ill of which are to be considered administrative costs covered by the CONTRACTORS fee 11 52 Expenses of CONTRACT OR principal and brannh offices other than CONTRACTORS office at the site 115 Any part of CONTRACTORs capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments 11 54 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required In, the Contract Documents to purchase and maintain the same (exe pt for the cost of premiums covered by subparagraph 11 4 5 v abom e) EICDC CENERAL CONDITIONS 1910E (1990 E11t an) wi CITY OF FORT COLLIN', MODIFICATIONS 0R 42000) 11 � 5 Costs due to the negligence of CONTRACTOR, any Subcontractor cr anyone directly or indirectly employed by anv of them or for whose acts any of them may be liable including but not limited to the correction of defeetne Rork disposal of materials or equipment wrongly supplied and making good any damage to property 11 66 Other os erhead or general expense costs of any kind and the costs of an) item not specificalh and expressly included in paragraph If 4 11 6 1 he CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 11 6 1 a mutuallv acceptable fixed fee or 11 6: if a fixed fee is not agreed upon then a fee based on the following percentages of th, various portions of the Cost of the Work 11621 for costs incurred under paragraphs 114 1 and 11 4 = the C ONTRACTORs fee shall be fifteen percent 11 6 2 2 for costs incurred under paragraph 11 4� the C.ONTRACrORs fee shall be five percent 11623 where one or more tiers of subcontracts are on the basis of Cost of the W ork plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11 41 114 1143 end 11 62 is that the Subcontractor who actually performs or turnrshes the R ork at w hateN er tier will be paid a fee of fifteen percent of the costs mcurred by such Subcontractor under paragraphs 1141 and 1142 and that any higher tier Subcontractor and CONTRACTOR will each be paid a teea�f-€t• . _-�--.•o •'� �-.� -• .-.•'' to to be ne ctg iated in good faith with the OWNER but not to exdaed hie percent of the amount paid to the next lower net Subcontractor 11 624 no fee shall be payable in the basis of vests itemized under paragraphs 114 4 114 5 and 1 l s 11625 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR s fee by an amount equal to fiu e percent of such net decrease and 11 61_ 6 when both additions and credits are involved in any one change the adjustment in CONITRACTORs fee shall be computed on the basis of the net change in accordance with paragraphs 116 � I through 11 6 2 5 inclusive 117 Whenever the cost of any Work is to be 25 determined pursuant to paragraphs ll 4 and 11 S CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in f min acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash Allowances 11 f It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be tarnished and performed for such sums as may be acceptable to OW NER and ENGNEER CONTRACTOR agreesthat 1181 the allowances mLlude the Bost to CONTRACTOR (less am, applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all apphc able totes and 1182 CONTRACTORS costs for unloadmg and handling on the site labor Installation costs overhead profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for idditional payment on account of any of the foregoing will be valid Prior to final pavment an appropriate Change Order will be issued as n%ommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of W ork covered by allowances and the ( ontract Price shall be oorespondmgly adjusted 119 rinrt Pnce Wm h 11 9 1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work mitially the Contract Price will be deemed to include for ill Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity Of each item as indicated in the Agreement The estungted quannnes of Items of Tlmt Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an mrtial Contract Price Determinations of the actual quantities and classifications of Unit Pnce W ork performed by CONTRACTOR will be made by ENGINEER in accordance w ith paragraph 9 10 11 92 Each unit price will be deemed to include an amount considered by CONTRACTOR Na be adequate to cover CONTRACTORS overhead and profit for each separately Identified item 119 3 OWNER or CONTRACfOR man make i claim for an adjustment in the Contract Price in accordance with Article 11 if 11931 the quanttyn of any item of Unit Price Work performed by CONTRACTOR differs maternally and sigmhc,intly from the estimated quunnty of such item mdaated in the Agreement Ek DC OENER 4L CONDITI OM 1910 8 (1990 Ldrtmn ) 2b w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000) and 11932 there is no corresponding adjustment with respect to anv other item of Work and 11 Q 3 3 if CONTRACTOR behoves that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree is to the amount of any such increase or decrease 11934 CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of am remaining item so long as the deletion or addition does not exceed twenty five percent of the original total Contract Price ARTICLE 12 CHANGE OF CONTRACT TIMES 121 The Contract Times (or 'Milestones) may coils be changed by a Change Order or a Written Amendment Any claim for an adjustment of the Contract Tunes (or Nfilestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the ev ent giving rise to the claim and stating the general nature of the claim Notice of the extent of the clan with supporting data shall be delivered within stAy dgys after such occurrence (unless EN(,INEFR allows additional nine to ascertain more acevrate data in support of the J21111) and shall be accompanied by the claimants written statern nt that the adjustment claimed is the entire adjustment tc which the claimant has reason to believe it is entitled as I result of theoccurrenceof said event All claims tot adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER In accordance with paragraphQll If OWNER and CONI RA( TOR cannot otherwise agree NO claim for an adjustment in the Contract Tunes (or Milestones) will be valid if not submitted in gccordance with the requirements of this paragraph 12 1 122 all time limits stated in the ( ontract Doc.umene; arc of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACI OR the C ontract f unes (or Milestones) will he extended in an amount equal to time lost due to such delay it a claim Is made therefor as provided in paragraph 12 1 Delays beyond the control of CONTRACTOR shall include but not be limited to acts or neglect by OWNER acts or neglect of utility owners or other contractors perform mg other work as contemplated by Article 7 fues floods epidemics, abnormal weather onditions or ants of God Delays ittributable to and within the control of a Subcontractor or supplier shall be deemed to he delays w ithin the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing an) part of the Work within the Contract 1 ones (or Milestones) due to delay beyond the control of both OWNER and CONTRACIOR an extension of the Contract Times (or Vilestones) in an amount equal to the time lost due to such delay shall be CONTRACTORS sole and exclusive remedy for such delay In no etent shall OWNER be liable to CONTRACTOR any Subcontrictor any Supplier ant other person or orgamwtion, or to any surety for or employee or agent of any of them tot damages arising out of or resulting from (i) delays caused by or within the control of the (ONIRA(.fOR, or (it) delays beyond the control of bath parties including, but not limited to foes floods epidemics abnormal weather ondntons acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REION AL OR ACCEPTANCE OF DEFECTIVE WORK 131 AotueofDefeets Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defecine Work may be rejected corrected or accepted as provided in this 'article 13 4ccess to lloA l e 2 OWNER, ENCINEFR. FNGINEERs Consultants other representatives and personnel of OWNER independent testing laboratories and got eminent it agencies with jurisdictional interests w ill have access to the W ork at real ble-times for their observation, inspecting and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTORS site safeh procedures and programs so that thev may comply therewith as applicable Tests and Inspections 133 CONTRACTOR shall give ENGINEER timely notice of readmess of the W ork for all required inspections tests or approt als and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 114 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required b% the Contract Documents except 13 41 for inspections tests or approt als cot ered by paragraph 13 5 below 1 42 that costs mcurred in connection with tests or inspections conducted purswin to paragraph 13 9 below shall be paid as provided in said paragraph 13 9 and 1343 as otherwise specifically provided in the Contract Documents 11 s If Laws or Regulations of anv public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibilm for arranging and obtaining such inspections tests or approvals pay all costs in connection therewith, and tannish ENGINEER the required certiti=es of inspection or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections tests or appi-mals required for OWNERS and ENGINEFRs acceptance of materials or equipment to be mairporated in the Work or of matenals mix designs or equipment submitted for apprm at prior to CONTRACTORS purchase thereof for incorporation in the Work 116 If any W ork (or the w ork of others) that is to be inspected tested or approved is cra Bred by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEFR be uncovered for observation l 1 7 Unuivenng Work as provided in paragraph 13 6 shall be it CONTRACTORS expense unless ( ONTRACTOR has green ENGINEER timely notice of ( ON1RA( IORs intention to cover the same and EN( INFER has not acted with reasonable promptness in response to such notice I nem enng H ork 1,8 If anv Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER be uncovered tar ENGINEERS observation and roplaced at CONTRACTORS expense 139 If ENGINEER considers d necessary or advisable that coy ered Work be obsen ed by EN61NEER or inspected or tested bi others (ONTRaCTOR, it FNCINEERs request, shall uncm er expose or otherwise make available for observation, inspection or testing as ENGINEER may require that portion of the Work in question, furnishing all necessary labor material and equipment If it is found that such Work is defective CONTRACTOR shall pay all damns costs, losses and damages caused by arising out of or resulting from such uncovering exposure observation mspcction and testing and of satisfactory replacement or reconstruction (including but not limited to ill costs of repair or replacement of work of others) and OANFR shall be entitled to an appropriate decrease in the ( ontract Price and, it the parties are unable to agree as to the amount thereof may make a claim therefor as prodded in Article 11 If however such 'A ork is not found to be defective CONTRA( TOR shall be allowed an incrcasc in the Contract Price or an extension of the Contract Times for Milestones) or both directly attributable to such EJCDC GENERAL CONDITIONS 19108 (1990 Edwm) 27 w CITY OF FORT MUM MODIFICATIONS(R 4/2000)