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HomeMy WebLinkAboutWORK ORDER - RFP - P951 WATER WW & SW UTILITY INFRASTRUCTURE DESIGN AND CONSTRUCTIONFort Collins Utilities WORK ORDER NO. G-CIPO-2008-2 CIPO#2 Red Fox Meadow & Kane Pond Construction City of Fort Collins CONSTRUCTION OF THE P951 Water Wastewater Stormwater Utility Infrastructure Design/Construction Contractor THIS DOCUMENT CONTAINS PROPRIETARY AND/OR CONFIDENTIAL INFORMATION, DO NOT RELEASE WITOUT PERMISION OF THE SENIOR BUYER OR DIRECTOR OF PURCHASING AND RISK MANAGEMENT Garvey Companies Date: December 6, 2004 5/98 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) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CIPO WO#2 — RFM & Kane Ponds Bonds and Certificates February 2008 00600-1 SECTION 01180 UTILITY SOURCES PART1 GENERAL 1.01 SECTION INCLUDES A. Names and telephone numbers of affected agencies and utilities in the area are listed below for the CONTRACTOR's convenience. The CONTRACTOR assumes all responsibility of contacting these agencies and verification of telephone numbers. 1. Water Fort Collins Utilities (970) 221-6700 2. Sanitary Sewer Fort Collins Utilities (970) 221-6700 3. Stormwater Fort Collins Utilities (970) 221-6700 4. Electrical Fort Collins Utilities (970) 221-6700 6. Engineering City of Fort Collins (970) 221-6605 7. Traffic City of Fort Collins (970) 221-6615 8. Gas Xcel Energy (800) 895-2999 9. Telephone Qwest (800) 573-1311 10. Cable TV Comcast (800) 266-2278 11. One -Call Utility Locates (800) 922-1987 PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Utility Sources February 2008 01180-1 SECTION 01270 MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. The work performed under this Agreement shall be paid for on a Time and Materials basis. The quantities provided on the Bid Schedule are only estimates of the actual quantities of the work to be performed, and are only included for purposes of making the award and establishing a basis for estimating the probable cost of the Work. The actual amounts of work performed and materials furnished may differ from the estimated quantities. The basis of payment for work and materials bid as time and materials will be the actual amount of approved work done and materials furnished. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amount for bid items. Payment shall be made only for those items included in the Bid Schedule. All costs incurred shall comply with the provisions of these Specifications and shall be included in the price bid for the associated items in the Bid Schedule. Except as may be otherwise stipulated, the OWNER will furnish no material, labor or equipment. The quantity of work, which will be considered for payment, is the actual cost of the work plus CONTRACTOR'S markups in accordance with all relative Specifications. 1.02 PAY ITEMS RFMP & KP - Mobilization & Field Overhead (W.O. #2) No measurement for payment shall be made of any of the work, materials, and equipment required for mobilization & Field Overhead. The lump sum bid price shall include all of the CONTRACTOR's costs of whatsoever nature including labor, material, and any incidental work and equipment necessary for mobilization and field overhead of personnel, equipment and supplies at the project site. This item includes installation of fencing/security items as deemed necessary by the CONTRACTOR. This item shall also include necessary facilities not specifically defined as a separate pay item such as sanitary facilities, drinking water, safety\first aid equipment, drug testing, small equipment rental, and all other costs incurred of labor and operations which must be performed prior to beginning the other items under this Contract. This item also includes obtaining permits and CONTRACTOR's required testing of materials. This item shall also include provision of required bonds, insurance and preparation of the project schedule. Payment will be made as the work progresses. Payment shall include full compensation to the CONTRACTOR for furnishing all labor, materials, equipment, and any other incidentals required for mobilization and field overhead. Pay Item Pay Unit Mobilization and Demobilization LS CIPO W0#2—RFM and Kane Ponds Measurement and Payment February 2008 01270 -1 2. RFMP & KP - Traffic Control (by City) (work order #2 allowance) Payment shall be based on the schedule of values that comprise the lump sum activity Pay Item Paw Unit Traffic Control (by City) LS 3. RFMP & KP - Construction Survey No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required to provide construction surveying for construction of all work items for the project including: Staking of horizontal and vertical alignments; overlot grading; subgrade elevations; off -sets; temporary control points; re- establishment of land monuments; and, all appurtenance features of the work. The unit price bid shall include all of the CONTRACTOR'S costs of whatsoever nature to perform the field surveying as required for the construction of the Project in accordance with the Drawings and Specifications. Payment shall be made based on the time and materials price of all work completed at the time of each Progress Payment. Pay Item Pav Unit Construction Survey LS 4. RFMP & KP - Muck Excavation & Stabilization Rock The measurement for payment of this item will be the total number of cubic yards of muck material excavated and replaced with stabilization rock. The amount of muck excavation shall be at the sole discretion of the Engineer or Owner. The unit price bid per cubic yard for these items shall include all of the CONTRACTOR'S costs of whatsoever nature including all labor, equipment, and all incidentals necessary to excavate unsuitable material and replaced with stabilization rock. Pay Item Pay Unit Muck Excavation & Stabilization Rock CY 5. RFMP — Erosion Control (work order #2 allowance) No unit measurement for payment will be made for this work. Work includes all equipment, labor and materials for the implementation of erosion control measures as shown in the Stormwater Management Plan for State of Colorado Stormwater Discharge Permit. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Erosion/Sediment Control LS CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -2 6. RFMP & KP - Construction Fence Maintenance (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required for the maintenance of the construction fencing on the site. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit Construction Fence Maintenance MO KP — Erosion Control (work order #2 allowance) No unit measurement for payment will be made for this work. Work includes all equipment, labor and materials for the implementation of erosion control measures as shown on the drawings and required for compliance with the State of Colorado Stormwater Discharge Permit. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Erosion/Sediment Control LS 8. KP — Concrete Drive Pan at Prospect The unit price includes all material, equipment, and labor required to remove and dispose of the existing curb, gutter, and sidewalk to construct the new concrete drive pan from the existing gutter to the back of the existing sidewalk. The concrete drive pan shall be 30 feet wide and 6 inches thick constructed with 6x6x6 weld -wire fabricate. Payment shall be made based on the actual quantity of concrete drive pan constructed at the time of each Progress Payment. Pay Item Pay Unit Concrete Drive Pan at Prospect LF 9. KP - Haul Road — Longworth to Prospect Measurement for payment for constructing the Haul Road — Longworth to Prospect shall be based on lineal feet of 30 feet -wide road installed. The lineal foot unit cost shall include all of the CONTRACTOR'S costs including all labor, materials and equipment needed to fine grade and compact based soil, place road surfacing, and compact road surfacing. The Haul Road shall be constructed with 6" of class 5 road base, 6" of class 6 road base, and 18" of structural recompacted subgrade. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Haul Roads LF CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -3 10. KP - Haul Road Imported Fill (work order #2 allowance) Measurement for payment for importing fill for constructing haul road shall be based on a cubic feet of fill imported. The payment shall be total compensation for all labor, equipment and materials required to import suitable fill to construct on -site haul roads. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit Haul Road Imported Fill CY 11. KP - Haul Road Maintenance (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required to maintain the haul roads, including, but not limited to providing additional fill or surfacing material, regrading and repairing damaged areas. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Haul Road Maintenance MO 12. KP - Tracking Pad at Prospect No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required for the installation and maintenance of tracking pads. The tracking pad at Prospect shall be 40' wide by 75' long and constructed of a 6 inch layer of 1"-2" washed crushed rock and a 12 inch layer of 3"-6" washed crushed rock. Pay Item Pay Unit Tracking Pad at Prospect EA 13. KP — Street Cleaning & Maintenance (work order #2 allowance) No separate measurement shall be made for street cleaning and maintenance. Work includes all equipment and labor required to monitor, repair, sweep, and maintain in a drivable condition, all road surfaces (project related), which are open to vehicular traffic. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Street Cleaning and Maintenance MO CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -4 14. RFMP & KP — Tree Stump Removal (work order #2 allowance) No separate measurement shall be made for tree stump removal. Work includes all equipment and labor required to remove and dispose of tree stumps prior to earthwork in accordance with Drawings. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit Tree Stump Removal LS 15. RFMP & KIP - Grubbing & Rubbish Disposal No separate measurement shall be made for grubbing and rubbish disposal. Work includes all equipment and labor required to grub and dispose of rubbish. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Grubbing & Rubbish Disposal AC 16. RFMP - Remove Riprap Spillway No separate measurement shall be made for removal and stockpiling of riprap spillway. Work includes all equipment and labor required for removal and stockpiling of riprap spillway in accordance with Drawings. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pay Unit Remove Riprap Spillway LS 17. RFMP - Remove 60" Headwall & Riprap No separate measurement shall be made for removal and disposal of headwall & riprap. Work includes all equipment and labor required to dispose of headwall & riprap in accordance with Drawings Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pay Unit Remove Headwall & Riprap LS CIPO WO#2— RFM and Kane Ponds Measurement and Payment February 2008 01270 5 18. RFMP - Remove 42" x 60" Storm Sewer Junction Box No separate measurement shall be made for removal and disposal of storm sewer box. Work includes all equipment and labor required for removal and disposal of storm sewer box in accordance with Drawings Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pav Unit Remove 42" x 60" Storm Sewer Junction Box LS 19. RFMP - Remove Concrete Drain Pan The unit price, per linear foot, includes the material and labor required to remove the existing concrete drain pan in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pav Unit Remove Concrete Drain Pan LF 20. RFMP - Remove Fence, Posts, & Gate (S/W) 21. RFMP - Remove Fence (N/W) The unit price, per linear foot, includes the material and labor required to remove, dispose, and stockpile usable portions of the existing fence, posts, and gate in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Remove Fence, Posts, & Gate (S/W) LF Remove Fence (N/W) LF 22. RFMP - Remove 12" ADS Culvert 23. RFMP - Remove 12" DIP Waterline 24. RFMP - Remove 12" RCP Drain 25. RFMP - Remove 12" PVC Underdrain The unit price, per linear foot, includes the material and labor required to remove and dispose of the existing pipes in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment CIPO WOf#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -6 Pay Item Pav Unit Remove 12" ADS Culvert LF Remove 12" DIP Waterline LF Remove 12" RCP Drain LF Remove 12" PVC Underdrain LF 26. RFMP - Remove 12" Underdrain Manholes The unit price, per each, includes the material and labor required to remove and dispose of the existing manholes in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Pav Unit Remove 12" Underdrain Manholes EA 27. RFMP - Remove 33" RCP Storm Sewer 28. RFMP - Remove 42" RCP Storm Sewer 29. RFMP - Remove 60" RCP Storm Sewer 30. RFMP - Remove 8" PVC Sanitary Sewer (N) 31. RFMP - Remove 8" PVC Sanitary Sewer (S) The unit price, per linear foot, includes the material and labor required to remove and dispose of the existing pipes in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pay Unit Remove 33" RCP Storm Sewer LF Remove 42" RCP Storm Sewer LF Remove 60" RCP Storm Sewer LF Remove 8" PVC Sanitary Sewer (N) LF Remove 8" PVC Sanitary Sewer (S) LF 32. RFMP - Remove 8" Sanitary Sewer Manholes The unit price, per each, includes the material and labor required to remove and dispose of the existing sanitary sewer manholes in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Pay Unit Remove 8" Sanitary Sewer Manholes EA 33. RFMP - Abandon 8" Sanitary Sewer Manhole The unit price, per each, includes the material and labor required to abandon the existing sanitary sewer manhole in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Pay Unit Abandon 8" Sanitary Sewer Manholes EA CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -7 34. RFMP - Plug & Abandon 8" PVC Sanitary Sewer The unit price, per linear foot, includes the material and labor required to plug and abandon the existing 8" PVC sanitary sewer in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pay Unit Plug & Abandon 8" PVC Sanitary Sewer LF 35. RFMP - 16" Sanitary Sewer Manhole Lowerings After Excavation The unit price, per each, includes the material and labor required to lower the manholes of the 16" Sanitary Sewer in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit 16" Sanitary Sewer Manhole Lowerings After Excavation EA 36. RFMP — 16" Sanitary Sewer By -Pass Pumping The unit price, per each, includes the material and labor required to by-pass pump 16" Sanitary Sewer in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit 16" Sanitary Sewer Encasement & By -Pass Pumping EA 37. RFMP - 8" Castlerock Baseflow Piping 38. RFMP — 8" Water Quality Outlet Piping 39. RFMP — 8" Underdrain R-B Solid 40. RFMP — 8" Underdrain Solid/Perforated The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from: 1. centerline of manhole or bend to centerline of manhole or bend, or 2. centerline of manhole or bend on the main line to inside face of cast -in -place structure. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -8 The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The payment shall be total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including PVC pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit RFMP - 8" Castlerock Baseflow Piping LF RFMP — 8" Water Quality Outlet Piping LF RFMP — 8" Underdrain R-B Solid LF RFMP — 8" Underdrain Solid/Perforated LF 41. RFMP — 8" Underdrain Valves & Appurtenances The unit price, per each, includes the material and labor required to install 8" underdrain valves and appurtenances in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit 8" Underdrain Valves & Appurtenances LS 42. RFMP - Dewatering (work order #2 allowance) No unit measurement for payment will be made for this work. Work includes all equipment, labor and materials for implementation of measures to control groundwater. Also included are all equipment, labor and materials for evaluation, design, construction, and monitoring of dewatering. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Dewatering LS 43. RFMP — Clearing and Grubbing No measurement for payment shall be made for any of the materials, work, and equipment required. Payment will be made as work progresses on a lump sum basis. The payment shall be total compensation for all labor, equipment, materials, maintenance, and all incidentals necessary to prepare, implement, and conduct the CIPO W0#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -9 SECTION 00610 PERFORMANCE BOND Bond No. 58652251 KNOW ALL MEN BY THESE PRESENTS: that Garney Companies, Inc. (Address) 10822 W. Toller Drive, Suite 100, Littleton, CO 80127 (anlAdMdM, (a P*Ph'e`f0", (a Cororation), hereinafter referred to as the "Principal" and (Firm) Western Surety Company (Address) 800/331-6053 PO Box 5077, Sioux Falls, SD 57117-5077 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 Five Million Seven Hundred Ninety Five Thousand One Hundred Twenty Seven Dollars and Thirty Two Cents ($5 795,127.32), 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 December 6 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Canal Importation Ponds and Outfall - Work Order #2 - RFM & Kane Ponds. 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. 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. CIPO WO#2 - RFM & Kane Ponds Performance Bond February 2008 00610-1 clearing and grubbing, in accordance with the plans, including all costs associated with the disposing of materials off -site. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit Clearing and Grubbing AC 44. RFMP — Wetland Topsoil Removal (18") Measurement for payment for wetland topsoil removal shall be based on the volume of wetland topsoil removed. The cubic yard unit cost shall include all the work, materials and equipment required for wetland topsoil removal and storage. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Wetland Topsoil Removal (18") CY 45. RFMP —Topsoil Removal (10") Measurement for payment for topsoil removal shall be based on the volume of topsoil removed. The cubic yard unit cost shall include all the work, materials and equipment required for topsoil removal and storage. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Topsoil Removal (10") CY 46. RFMP — Excavation & Haul -off Measurement for payment to haul and dispose of excavated material at a location determined by the CONTRACTOR shall be based on the cubic yardage of material removed and disposed of in accordance with the lines and grades of the construction Drawings. The cubic yardage unit cost shall include all of the CONTRACOR'S costs including all labor, materials and equipment needed to excavate, load, haul, and dispose of soil. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Excavation & Haul -off CY CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -10 47. RFMP — Unclassified Excavation The measurement for payment of this item will be the total number of cubic yards of suitable material excavated to be used for on -site embankments. The unit bid per cubic yard for these items shall include all of the CONTRACTOR'S costs of whatsoever nature including all labor, equipment, and all incidentals necessary to excavate suitable material for on -site embankments. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Unclassified Excavation CY 48. RFMP — Embankment The measurement for payment of this item will be the total number of cubic yards of suitable fill material placed to the finished lines and grades shown on the Drawings. The unit price bid per cubic yard for these items shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary to haul excavated fill from on -site stockpiles, and place, spread, moisture condition, mix, and compact fill to as specified in the Drawings and Specifications. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Embankment CY 49. RFMP — Final Shape & Grade Subgrade The measurement and payment for this item will be the total number of square yards for soil preparation and fine grading completed for the project. The unit price bid per square yard for these items shall include all of the CONTRACTOR'S costs of whatsoever natural including all labor, equipment, and all incidentals necessary to shape and prepare subgrade, as defined on the Drawings and Specifications. Payment shall be based on a mutually agreed upon percentage of the work completed at the time of each progress payment. Pay Item Pay Unit Final Shape & Grade Subgrade SY 50. RFMP — Natural Resources Contouring The measurement and payment for this item will be lump sum for contouring of final grades. Measurements will be the lump sum of contouring of final grades, as defined on the Drawings and directed by the OWNER's representative. The lump sum price shall include all of the CONTRACTOR' costs of whatsoever nature including placement, fine grading, shaping, spreading, plowing, filling, and all other CIPO W0i#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -11 related and necessary materials, work, and equipment required to perform the work in accordance with the Drawings and Specifications. Payment shall be based on a mutually agreed upon percentage of the work completed at the time of each Progress Payment. Pay Item Pax/ Unit Natural Resources Contouring LS 51. RFMP - Wetlands Topsoil Replacement (18") Measurement for payment for wetland topsoil replacement shall be based on the volume of wetland topsoil material placed to the finished lines and grades to a depth of 18" below the final grade within the designated wetland mitigation areas in accordance with the Drawings and Specifications. The cubic yard unit cost shall include all the work, materials and equipment required for wetland topsoil replacement. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Wetland Topsoil Replacement CY 52. RFMP -Topsoil Replacement (10") Measurement for payment for topsoil replacement shall be based on the volume of topsoil material placed to the finished lines and grades to a depth of 10" below the final grade in accordance with the Drawings and Specifications. The cubic yard unit cost shall include all the work, materials and equipment required for topsoil replacement. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Topsoil Replacement CY 53. RFMP — Import and Place Topsoil Measurement for payment for topsoil import and placement shall be based on the volume of topsoil material placed to the finished lines and grades in accordance with the Drawings and Specifications. The cubic yard unit cost shall include all the work, materials and equipment required for wetland topsoil replacement. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Import and Place Topsoil CY CIPO WO#2— RFM and Kane Ponds Measurement and Payment February 2008 01270 -12 54. RFMP — Cofferdam & Decant System / Control Storm Run-off (work order #2 allowance) No separate measurement shall be made for cofferdam and decant system to control storm runoff. Work includes all equipment and labor required to construct and maintain cofferdam and decant system. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pav Unit Cofferdam & Decant System to Control Storm Run-off LS 55. RFMP — Bottom of Pond Access Road Measurement for payment for constructing the Bottom of Pond Access Road shall be based on lineal feet of 10-wide road installed. The lineal foot unit cost shall include all of the CONTRACTOR'S costs including all labor, materials and equipment needed to fine grade and compact based soil, place road surfacing, and compact road surfacing. . Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Bottom of Pond Access Road LF 56. RFMP — Highway Truck Loading Loop (work order #2 allowance) Measurement for payment for constructing the highway truck loading loop shall be based on total amount of cubic yards for trucking loading loop. The volume unit cost shall include all of the CONTRACTOR'S costs including all labor, materials and equipment needed to fine grade and compact based soil, place road surfacing, and compact road surfacing. . Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Highway Truck Loading Loop SY 57. RFMP — Temporary Mulching of Stockpiles The measurement and payment for temporary mulching of stockpiles shall be the total number of acres of stockpile covered with temporary mulching. The unit price bid for each item shall include all of the CONTRACTOR'S cost of furnishing and placing of mulch in accordance with the Drawings and Specifications. Pay Item Pay Unit Temporary Mulching of Stockpiles AC CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -13 58. RFMP — Temporary Mulching and Tackifier Application The measurement and payment for the application of temporary mulching and tackifier application shall be the total number of acres covered with temporary mulching and tackifier. The unit price bid for each item shall include all of the CONTRACTOR's cost of furnishing and placing of temporary mulch and tackifier in accordance with the Drawings and Specifications. Pay Item Pav Unit Temporary Mulching and Tackifier Application AC 59. RFMP — New Mercer Sidespill Weir The unit price bid, per linear foot, side spill weir shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the side spill weir. The payment shall be total compensation for all labor, equipment and materials required to construct the sidespill weir including concrete sill, bedding, excavation, compaction, trench support;, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable side spill weir in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit New Mercer Sidespill Weir LF 60. RFMP — Permanent Turf Reinforcement Mat and Seeding North of New Mercer Sidespill Weir The measurement for payment of permanent turf reinforcement mat and seeding north of new mercer side spill weir will be the total number of square feet required to be placed as specified on the Drawings or as otherwise directed by the ENGINEER. The unit price bid per square foot of permanent turf reinforcement mat and seeding north of new mercer side spill weir placed shall include all of the CONTRACTOR'S costs of whatsoever nature. The price bid shall include all related materials, work, and equipment required to place the permanent turf reinforcement mat in accordance with the Drawings and Specifications. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Permanent Turf Reinforcement Mat and Seeding North of New Mercer Sidespill Weir SF CIPO WO##2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -14 61. RFMP — Replace Existing Fence (N/W) The unit price, per linear foot, includes the material and labor required to replace the existing fence, posts, and gate in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pay Unit Replace Fence, Posts, & Gate (N/W) LF 62. RFMP — Water Quality Pond Structure with Snout The measurement for payment for the construction of the water quality pond and structure will be the individual pond and structure, complete, and in place. The unit price bid per structure shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; joint sealant and grout; reinforcing; steps, ring and cover; manhole frame and lid; Snout; constructing and shaping of the base invert including all pipe incorporated within the structures; construction of required stub - outs and connections including pipe and culverts; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the structures complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment will be made as the work progresses. Payment shall include full compensation to the CONTRACTOR for furnishing all labor, materials, equipment, and any other incidentals required for mobilization and field overhead. Pay Item Pay Unit Water Quality Pond Structure LS 63. KP — Tree Stump Removal (work order #2 allowance) No separate measurement shall be made for tree stump removal. Work includes all equipment and labor required to remove tree stumps prior to earthwork. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Tree Stump Removal LS 64. KP — Remove 4' Manhole The unit price, per each, includes all equipment and labor required to remove and dispose of 4' manhole. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -15 Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pav Unit Remove 4' Manhole LS 65. KP — Remove 12" ADS Storm Sewer and Plug 66. KP — Remove 12" ADS Pond Interconnect and Plug The unit price, per linear foot, includes the material and labor required to remove and dispose of the existing pipes and plug in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item Pax, Unit Remove 12" ADS Storm Sewer and Plug LF Remove 12" ADS Pond Interconnect and Plug LF 67. KP — Remove Sidewalk Barrier 68. KP — Remove 5' Type R Inlet and Plug 36" Storm Sewer No separate measurement shall be made for removal and disposal of sidewalk barrier and Type R Inlet. Work includes all equipment and labor required to remove sidewalk barrier and Type R Inlet as well as plug existing 36" Storm Sewer in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit Remove Sidewalk Barrier LS Remove 5' Type R Inlet and Plug 36" Storm Sewer LS 69. KP — 8" Underdrain Perforated The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from: 1) centerline of valve box, bend or cleanout to centerline of valve box, bend or cleanout, or 2) centerline of valve box, bend or cleanout on the main line to inside face of cast -in - place structure. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The payment shall be total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including PVC pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -16 necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit KP — 8" Underdrain Perforated LF 70. KP — Underdrain Valves & Appurtenances No separate measurement shall be made for the underdrain valves and appurtenances. Work includes the material and labor required to install 8" underdrain valves and appurtenances in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit 8" Underdrain Valves & Appurtenances LS 71. KP — Dewatering (work order #2 allowance) No unit measurement for payment will be made for this work. Work includes all equipment, labor and materials for implementation of measures to control groundwater. Also included are all equipment, labor and materials for evaluation, design, construction, and monitoring of dewatering. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Dewatering LS 72. KP — Clearing and Grubbing Measurement and payment for clearing and grubbing shall be based on total number of acres cleared and grubbed. Work includes total compensation for all labor, equipment, materials, maintenance, and all incidentals necessary to prepare, implement, and conduct the clearing and grubbing, in accordance with the plans, including all costs associated with the disposing of materials off -site. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Clearing and Grubbing AC CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -17 73. KP — Highway Truck Loading Loop (work order #2 allowance) Measurement for payment for constructing the highway truck loading loop shall be based on total amount of cubic yards for trucking loading loop. The volume unit cost shall include all of the CONTRACTOR'S costs including all labor, materials and equipment needed to fine grade and compact based soil, place road surfacing, and compact road surfacing. . Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Highway Truck Loading Loop SY 74. KP—Topsoil Removal (10") Measurement for payment for topsoil removal shall be based on the volume of topsoil removed. The cubic yard unit cost shall include all the work, materials and equipment required for topsoil removal and storage. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Paw Unit Topsoil Removal (10") CY 75. KP — Excavation & Haul -off Measurement for payment to haul and dispose of excavated material at a location determined by the CONTRACTOR shall be based on the cubic yardage of material removed and disposed of in accordance with the lines and grades of the construction Drawings. The cubic yardage unit cost shall include all of the CONTRACOR'S costs including all labor, materials and equipment needed to excavate, load, haul, and dispose of soil. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Excavation & Haul -off CY 76. KP — Unclassified Excavation The measurement for payment of this item will be the total number of cubic yards of suitable material excavated to be used for on -site embankments. The unit bid per cubic yard for these items shall include all of the CONTRACTOR'S costs of whatsoever nature including all labor, equipment, and all incidentals necessary to excavate suitable material for on -site embankments. CIPO W0f#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -18 Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Unclassified Excavation CY 77. KP — Embankment The measurement for payment of this item will be the total number of cubic yards of suitable fill material placed to the finished lines and grades shown on the Drawings. The unit price bid per cubic yard for these items shall include all of the CONTRACTOR' costs of whatsoever nature including all labor, equipment, and all incidentals necessary to haul excavated fill from on -site stockpiles, and place, spread, moisture condition, mix, and compact fill to as specified in the Drawings and Specifications. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Embankment CY 78. KP — Final Shape & Grade Subgrade The measurement and payment for this item will be the total number of square yards for soil preparation and fine grading completed for the project. The unit price bid per square yard for these items shall include all of the CONTRACTOR'S costs of whatsoever natural including all labor, equipment, and all incidentals necessary to shape and prepare subgrade, as defined on the Drawings and Specifications. Payment shall be based on a mutually agreed upon percentage of the work completed at the time of each progress payment. Pay Item Pav Unit Final Shape & Grade Subgrade SY 79, KP — Natural Resources Contouring (work order #2 allowance) The measurement and payment for this item will be lump sum for contouring of final grades. Measurements will be the lump sum of contouring of final grades, as defined on the Drawings and directed by the OWNER's representative. The lump sum price shall include all of the CONTRACTOR'S costs of whatsoever nature including placement, fine grading, shaping, spreading, plowing, filling, and all other related and necessary materials, work, and equipment required to perform the work in accordance with the Drawings and Specifications. Payment shall be based on a mutually agreed upon percentage of the work completed at the time of each Progress Payment. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -19 IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 3 day of April 2008. IN MNCE OF: ' imothy A [lppa (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: t w. (I Barbara A. Miller, Witness Garney Companies, Inc. Principal By. Scott D. `terry —®c`, 1— Vice RrAsidonk Title Carney Construction Address amey bns-rucuon 10822 VV. '"rollor ICI' Suite 100 hif4lp,to�n. CO 80127 Other Partners Western Surety Company �SQu'reet'y By: .6 lYl hag -,I Attorney -in -Fact By. Linda L. Nutt, Attorney -in -Fact Address THOMAS MCGEE, L.C. `? 920 MAIN ST., STE. 1700 PO BOX 419013 rety Seat) KANSAS CITY, MO 64141-6013 8161842-4800 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO#2 - RFM & Kane Ponds February 2008 00610-2 Performance Bond Pay Item 0- Unit Natural Resources Contouring LS 80. KP - Wetlands Topsoil Replacement (18") (work order #2 allowance) Measurement for payment for wetland topsoil replacement shall be based on the volume of wetland topsoil material placed to the finished lines and grades to a depth of 18" below the final grade within the designated wetland mitigation areas in accordance with the Drawings and Specifications. The cubic yard unit cost shall include all the work, materials and equipment required for wetland topsoil replacement. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment, Wetland Topsoil Replacement 81. KP -Topsoil Replacement (10") Measurement for payment for topsoil replacement shall be based on the volume of topsoil material placed to the finished lines and grades to a depth of 10" below the final grade in accordance with the Drawings and Specifications. The cubic yard unit cost shall include all the work, materials and equipment required for topsoil replacement. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Topsoil CY 82. KP — Cofferdam & Decant System to Control Storm Run-off (work order #2 allowance) No separate measurement shall be made for cofferdam and decant system to control storm runoff. Work includes all equipment and labor required to construct and maintain cofferdam and decant system. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment Pay Item P_" Unit Cofferdam & Decant System to Control Storm Run-off LS 83. KP — 12' Bottom of Pond Access Roads Measurement for payment for constructing the Bottom of Pond Access Road shall be based on lineal feet of 12'-wide road installed. The lineal foot unit cost shall include all of the CONTRACTOR'S costs including all labor, materials and equipment needed to fine grade and compact based soil, place road surfacing, and compact road surfacing. . Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment, CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -20 Pay Item Pav Unit 12 Bottom of Pond Access Road LF 84. KP — Temporary Mulching of Stockpiles The measurement and payment for temporary mulching of stockpiles shall be the total number of acres of stockpile covered with temporary mulching. The unit price bid for each item shall include all of the CONTRACTOR's cost of furnishing and placing of mulch in accordance with the Drawings and Specifications. Pay Item Da" Unit Temporary Mulching of Stockpiles AC 85. KP — Temporary Mulching and Tackifier Application The measurement and payment for the application of temporary mulching and tackifier application shall be the total number of acres covered with temporary mulching and tackifier. The unit price bid for each item shall include all of the CONTRACTOR's cost of furnishing and placing of temporary mulch and tackifier in accordance with the Drawings and Specifications. Temporary Mulching and Tackifier Application 86. KP — TRM & Seeding around 36" Headwall/Outlet The measurement for payment of this item will be the total number of square feet of Turf Reinforcement Mat (TRM) and Seed complete and in place. The unit price bid per square foot for this item shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary for the installation of the Permanent TRM & Seeding. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit TRM & Seeding around 36" Headwall/Outlet SF 87. RFMP & KP —36" RCP Outlets to RFMP The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from: 1) centerline of manhole or bend to centerline of manhole or bend, or 2) centerline of manhole or bend on the main line to inside face of cast -in -place structure. CIPO WO##2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -21 The unit price bid per linear foot of pipe shall include all of the CONTRACTOR'S costs of whatsoever nature required for constructing the specific pipeline. The payment shall be total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit RFMP & KP — 36" RCP Outlets to RFMP LF 88. RFMP & KP — 4' MH's at 33736" Transition to RFMP The measurement for payment for the construction of the specified manhole will be the individual structure, complete, and in place. The unit price bid per manhole shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; reinforced precast cones or flattop; joint sealant and grout; manhole steps, ring and cover; manhole frame and lid; constructing and shaping of the base invert including all pipe incorporated within the manhole; construction of required stub -outs and connections including pipe, plugs and transition couplings; removal of all sod and other surfacing material outside of the prescribed trench width; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the manhole complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual quantity installed at the time of each Progress Payment. Pay Item Py Unit 4' MH's at 33"/36" Transition to RFMP EA 89. RFMP & KP — 36" FES w/Grates to RFMP The measurement for payment for the construction of the specified flared end section will be the individual structure, complete, and in place. The cost for each flared end section shall included fabrication charges and special installations costs of the individual fitting in accordance with the Drawings Specifications. Payment for each 36" Flared End Section shall be made for the finished structure and grate complete in place at the time each Progress Payment. Pay Item Pav Unit 36" FES w/Grates to RFMP EA CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -22 90. KP — Taft & Prospect — 10' Type R Inlet w/Snout No separate measurement shall be made for 10' Type R Inlet w/Snout. Work include.= all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include, Furnishing, transporting, and installing all materials; excavation; concrete: reinforcement; mortar and grout; grade, frame, Snout, grate and curb box, backfilling and compaction; flow -fill; furnishing and compacting imported backfill material if no suitable on -site material is available; removal of pavement, base course, subbase material, sod, and other surfacing material outside of the prescribed trench width, and not paid for under another section of these Specifications; and all other related and necessary materials, work, and equipment required to construct the items in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment for the 10' Type R Inlet with Snout shall be made for the finished inlet complete in place at the time each progress payment. Pay Item Pa" Unit Taft & Prospect —10' Type R Inlet w/Snout LS 91. KP - Taft & Prospect 30" RCP Storm Sewer Outlet The measurement for payment of 30" RCP Storm Sewer Outlet shall be the actual number of linear feet of storm sewer pipe installed, completed in place, measured along the centerline of the pipe from the junction with the flared end section to the inside face of inlet. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The price bid shall include locating and protection of the existing utilities in and along the pipe length; removing and disposing of existing pipeline as required; furnishing, transporting, and installing all pipe and materials; adjusting location of existing small utilities, valves; tapping and/or connecting to pipes or structures, and furnishing and installing fittings or specials not otherwise provided for elsewhere in the Documents; and jointing materials including: O-rings, gaskets, bolts, concrete encasement, concrete collars, connecting bands and other miscellaneous items as required to construct the specific pipeline; removal of surfacing materials, excavation including exploratory excavation; constructing the specific bedding including the furnishing, placing, and compacting of materials as required for bedding; protective coatings or wrapping; method of backfill and compaction as specified; trench supporting; protection of aboveground and underground utilities and service connections; disposal of debris, disposal of pipe, excess excavated material, and damaged materials; inspection; and, all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual lineal footage of pipe installed at the time of each progress payment. Pay Item Pav Unit Taft & Prospect 30" RCP Storm Sewer Outlet LF CIPO W0#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -23 92. KP - Taft & Prospect — 30" FES w/Grate The measurement for payment for the construction of the specified flared end section with grate will be the individual structure, complete, and in place. The cost for each flared end section shall included fabrication charges and special installations costs of the individual fitting in accordance with the Drawings Specifications. Payment for each 30" Flared End Section shall be made for the finished structure and grate complete in place at the time each progress payment. Pay Item Pav Unit 30" FES w/Grates to RFMP EA 93. KP — Taft & Prospect — 6' Manhole with 54" Snout The measurement for payment for the construction of the specified manhole and snout will be the individual structure, complete, and in place. The unit price bid per manhole shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; reinforced precast cones or flattop; joint sealant and grout; manhole steps, ring and cover; manhole frame and lid; 54" snout; constructing and shaping of the base invert including all pipe incorporated within the manhole; construction of required stub -outs and connections including pipe, plugs and transition couplings; removal of all sod and other surfacing material outside of the prescribed trench width; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the manhole complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual quantity installed at the time of each progress payment. Pay Item Pav Unit Taft & Prospect — 6' Manhole with 54" snout LS 94. KP — Taft & Prospect — 48" RCP Storm Sewer Outlet The measurement for payment of 48" " RCP Storm Sewer Outlet shall be the actual number of linear feet of storm sewer pipe installed, completed in place, measured along the centerline of the pipe center of manhole to outside face of headwall. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The price bid shall include locating and protection of the existing utilities in and along the pipe length; removing and disposing of existing pipeline as required; furnishing, transporting, and installing all pipe and materials; adjusting location of existing small utilities, valves; tapping and/or connecting to pipes or structures, and furnishing and installing fittings or specials not otherwise provided for elsewhere in the Documents; and jointing materials including: O-rings, gaskets, bolts, concrete encasement, concrete collars, connecting CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -24 bands and other miscellaneous items as required to construct the specific pipeline; removal of surfacing materials, excavation including exploratory excavation; constructing the specific bedding including the furnishing, placing, and compacting of materials as required for bedding; protective coatings or wrapping; method of backfill and compaction as specified; trench supporting; protection of aboveground and underground utilities and service connections; disposal of debris, disposal of pipe, excess excavated material, and damaged materials; inspection; and, all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual lineal footage of pipe installed at the time of each progress payment. Pay Item Pay Unit Taft & Prospect 48" RCP Storm Sewer Outlet LF 95. KP — Taft & Prospect — 48" Outlet Headwall & W ingwalls The measurement for payment for the construction of the headwall and wingwalls shall be the individual structure, complete, and in place. The cost for the headwall and wingwalls shall include the fabrication charges and special installation costs of the individual fitting in accordance with the Drawings and Specifications. Payment for each Headwall & Wingwall shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Pa" Unit Taft & Prospect —48" Outlet Headwall & Wingwalls LS 96. KP - Taft & Prospect — Retrofit Sidewalk No separate measurement shall be made for retrofitting sidewalk at the northeast corner of Taft Hill and Prospect. Work includes all of the CONTRACTOR's costs of whatsoever nature to transition from the existing sidewalk to the new sidewalk along Taft Hill Road. The price bid shall include: Furnishing, transporting, and installing all materials; excavation; concrete necessary to retrofit the sidewalk. Payment shall be made for the finished retrofitted sidewalk complete and in place at the time of the monthly progress payment. Pay Item Pay Unit KP - Taft & Prospect — Retrofit Sidewalk LS 97. KP - Taft & Prospect — 12" SDR-35 The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from center of manhole to outside face of wingwall. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The payment shall be CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -25 total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including PVC pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pa" Unit 12" SDR-35 LF 98. KP — Taft & Prospect — 12" SDR-35 Appurtenances The unit price, per each, includes the material and labor required to install 12" SDR-35 appurtenances in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pa" Unit 12" SDR-35 Appurtenances EA 99. RFMP & KP — Fall Mowing Operations (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required to mow, rake, bale and stockpile on -site grasses. Pay Item Pav Unit Fall Mowing Operations LS 100. RFMP & KP — Power Drops (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, materials and subcontracts to provide power drops required for construction of the Project including master disconnect and service lines. Pay Item Pav Unit Power Drops LS 101. CIPO — Field Office Trailers Set -Up (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required to grade and surface the site, and provide water, sewer and power services. This item also includes setting up of the field office trailers, including hauling, skirting, leveling and decking/stairs. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -26 Pay Item Pav Unit Field Office Trailers Set -Up LS 102. CIPO — Permanent Fence West Side of 1809 Longworth (work order #2 allowance) No unit measurement shall be made for this item. Work includes all equipment, labor and materials required for the removal and replacement of fence along the west side of 1809 Longworth. Pay Item Pav Unit Permanent Fence West Side of 1809 Longworth LS 103. RFMP & KP - Tree Removal (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required for the cutting, removal and disposal of trees in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Da- Unit Tree Removal LS 104. RFMP & KP — Project Signs at Trails, Taft Hill (installation) (work order #2 allowance) No unit measurement shall be made for this item. The unit price bid for these items shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary to mount project signs to plywood backing, install with pressure treated 4" x 4" wooden posts at locations as designated by the OWNER. Pay Item Pav Unit Installation of Project Signs LS 105. RFMP & KP — Construction Fence @ Limits (work order #2 allowance) The unit price bid, per lineal foot, for this item shall include all of the CONTRACTOR'S costs of whatsoever nature including all labor, equipment, and all incidentals necessary to install construction fencing at construction limits or at locations as designated by the OWNER. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pax, Unit Construction Fence @ Limits LF 106. RFMP & KP — Construction Fence Maintenance (work order #2 allowance) Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -27 Work includes providing all equipment, labor, and materials required for the maintenance of the construction fencing on the site. Pay Item Pav Unit Construction Fence Maintenance MO 107. RFMP & KP — Erosion/Sediment Control (work order #1 allowance) No unit measurement for payment will be made for this work. Work includes all equipment, labor and materials for the implementation of erosion control measures as shown on the drawings and required for compliance with the State of Colorado Stormwater Discharge Permit. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Paw Unit Erosion/Sediment Control LS 108. RFMP & KP — Access Road Maintenance (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required to maintain the haul roads, including, but not limited to providing additional fill or surfacing material, regrading and repairing damaged areas. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment, Pay Item Pav Unit Haul Road Maintenance LS 109. RFMP — 8" DIP Sanitary Sewer Relocation — Line A 110. RFMP — 8" DIP Sanitary Sewer Relocation — Line B The measurement for payment of 8" DIP Sanitary Sewer Relocations shall be the actual number of linear feet of storm sewer pipe installed, completed in place, measured along the centerline of the pipe from the: Line A: center of new Manhole in mainline to connection with existing 8"sanitary sewer; Line B: center of new manhole in mainline to center of new manhole on 8"sanitary sewer' The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The price bid shall include locating and protection of the existing utilities in and along the pipe length; removing and disposing of existing pipeline as required; furnishing, transporting, and installing all pipe and materials; adjusting location of existing small utilities, valves; tapping and/or connecting to pipes or structures, and furnishing and installing fittings or specials not otherwise provided for elsewhere in the Documents; and jointing materials including: O-rings, gaskets, bolts, concrete encasement, concrete collars, connecting CIPO W O#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -28 bands and other miscellaneous items as required to construct the specific pipeline; removal of surfacing materials, excavation including exploratory excavation; constructing the specific bedding including the furnishing, placing, and compacting of materials as required for bedding; protective coatings or wrapping; method of backfill and compaction as specified; trench supporting; protection of aboveground and underground utilities and service connections; disposal of debris, disposal of pipe, excess excavated material, and damaged materials; inspection; and, all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual lineal footage of pipe installed at the time of each progress payment. Pay Item Pay Unit 8" DIP Sanitary Sewer Relocation — Line A LF 8" DIP Sanitary Sewer Relocation — Line B LF 111. RFMP — 48" Manhole (on 15" SS) 112. RFMP-48" Manhole (on 8" SS Line A & B) The measurement for payment for the construction of the specified manhole will be the individual structure, complete, and in place. The unit price bid per manhole shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; reinforced precast cones or flattop; joint sealant and grout; manhole steps, ring and cover; manhole frame and lid; constructing and shaping of the base invert including all pipe incorporated within the manhole; construction of required stub -outs and connections including pipe, plugs and transition couplings; removal of all sod and other surfacing material outside of the prescribed trench width; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the manhole complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual quantity installed at the time of each Progress Payment. RFMP — 48" Manhole (on 15" SS) EA RFMP — 48" Manhole (on 8" SS Line A & B) EA 113. RFMP — By -Pass pumping (8" SS) No measurement for payment shall be made for this items. Price includes the material, equipment, and labor required to by-pass pump the 8" sanitary sewer as needed to relocate the existing 8" sanitary sewers in accordance with the Drawings and Specifications and as implied by the Contract Documents. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -29 SECTION 00615 PAYMENT BOND Bond No. 58652251 KNOW ALL MEN BY THESE PRESENTS: that Carney Companies, Inc. (Address) 10822 W. Toller Dr., Suite 100, Littleton, CO 80127 (an IlTdvrc#c t), (axHtart�e ip (a Corporation), hereinafter referred to as the "Principal" and Western Surety Company 800/331-6053 (Address PO Box 5077, Sioux Falls, SD 57117-5077 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 Five Million Seven Hundred Ninety Five Thousand One Hundred Twenty Seven Dollars and Thirty Two Cents ($5 795 127 32), 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 December 6 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Canal Importation Ponds and Outfall - Work Order #2 - RFM & Kane Ponds 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. 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. CIPO WO#2 — RFM & Kane Ponds Payment Bond February 2008 00615-1 Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit By -Pass pumping (8" SS) LS 114. RFMP - 12" DIP Waterline Relocation The price, per lineal foot, shall include all of the CONTRACTOR's costs of whatsoever nature to complete the installation of a water line complete, in place. The bid unit price shall include excavation and disposal of any excess material; furnishing and installation of pipe, fittings, thrust blocks, restraining glands, gaskets, polyethylene wrap, tracer wire, and locator tape; furnishing and compacting all materials required for preparation of a stable subbase; furnishing and compacting all backfill and other backfill material; furnishing and compacting imported backfill material if no suitable on -site material is available, site restoration; and all other necessary materials, work, and equipment required to complete the installation of a water line complete, in place, and in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Pav Unit 12" DIP Waterline Relocations LF 115. RFMP - 8' x 4' RCBC Inlet Structure The measurement for payment for the construction of the headwall and wingwalls shall be the individual structure, complete, and in place. The cost for the headwall and wingwalls shall include the fabrication charges and special installation costs of the individual fitting in accordance with the Drawings and Specifications. Payment for each Inlet Structure shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Pav Unit RFMP - 8' x 4' RCBC Inlet Structure LS 116. RFMP - 8' x 4' RCBC Outlet Structure The measurement for payment for the construction of the headwall and wingwalls shall be the individual structure, complete, and in place. The cost for the headwall and wingwalls shall include the fabrication charges and special installation costs of the individual fitting in accordance with the Drawings and Specifications. Payment the Outlet Structure shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Pav Unit RFMP - 8' x 4' RCBC Outlet Structure LS CIPO W O#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -30 117. RFMP — Siphon Fencing The measurement for payment for the construction of the siphon fencing shall be the individual siphon fence, complete, and in place. The cost for the siphon fencing shall include the fabrication charges and special installation costs of the siphon fence in accordance with the Drawings and Specifications. Payment shall be made for the finished fencing complete and in place at the time of the monthly progress payment. Pay Item Pav Unit RFMP — Siphon Fencing LS 118. RFMP - 8' x 4' Siphon Trash Racks The measurement for payment for the construction of the siphon trash racks shall be the individual structure, complete, and in place. The cost for the siphon trash racks shall include the fabrication charges and special installation costs of the trash rack in accordance with the Drawings and Specifications. Payment for each Inlet Structure shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Pav Unit RFMP - 8' x 4' Siphon Trash Racks EA 119. KP - Remove 6' Manhole & 36" Stubout No separate measurement for payment shall be made for this item. Work includes the material and labor required to remove and dispose of the existing 6'manhole and 36" stubout in accordance with the Drawings and Specifications and as implied by the Contract Documents. Pay Item Pav Unit Remove 8" Sanitary Sewer Manholes LS 120. KP - 36" RCP KP Outlet/Inlet Structure to RFMP The measurement for payment for the construction of the 36" RCP Outlet/Inlet Structure headwall and wingwalls shall be the individual structure, complete, and in place. The cost for the headwall and wingwalls shall include the fabrication charges and special installation costs of the individual fitting in accordance with the Drawings and Specifications. Payment the Outlet Structure shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Pav Unit KP - 36" RCP KP Outlet/Inlet Structure to RFMP EA CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -31 121. KP - 36" RCP KP to RFMP The measurement for payment of 36" RCP Storm Sewer Outlet shall be the actual number of linear feet of storm sewer pipe installed, completed in place, measured along the centerline of the pipe center of manhole to outside face of headwall. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The price bid shall include locating and protection of the existing utilities in and along the pipe length; removing and disposing of existing pipeline as required; furnishing, transporting, and installing all pipe and materials; adjusting location of existing small utilities, valves; tapping and/or connecting to pipes or structures, and furnishing and installing fittings or specials not otherwise provided for elsewhere in the Documents; and jointing materials including: 0-rings, gaskets, bolts, concrete encasement, concrete collars, connecting bands and other miscellaneous items as required to construct the specific pipeline; removal of surfacing materials, excavation including exploratory excavation; constructing the specific bedding including the furnishing, placing, and compacting of materials as required for bedding; protective coatings or wrapping; method of backfill and compaction as specified; trench supporting; protection of aboveground and underground utilities and service connections; disposal of debris, disposal of pipe, excess excavated material, and damaged materials; inspection; and, all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual lineal footage of pipe installed at the time of each progress payment. Pay Item Pay Unit KP - 36" RCP KP to RFMP LF 122. KP - 6' Manhole 36"/42" to RFMP The measurement for payment for the construction of the specified manhole will be the individual structure, complete, and in place. The unit price bid per manhole shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; reinforced precast cones or flattop; joint sealant and grout; manhole steps, ring and cover; manhole frame and lid; constructing and shaping of the base invert including all pipe incorporated within the manhole; construction of required stub -outs and connections including pipe, plugs and transition couplings; removal of all sod and other surfacing material outside of the prescribed trench width; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the manhole complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual quantity installed at the time of each Progress Payment. CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -32 Pay Item Pay Unit KP - 6' Manhole 36"/42" to RFMP EA 123. KP - 42" RCP to RFMP The measurement for payment of 42" RCP Storm Sewer Outlet shall be the actual number of linear feet of storm sewer pipe installed, completed in place, measured along the centerline of the pipe center of manhole to outside face of headwall. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The price bid shall include locating and protection of the existing utilities in and along the pipe length; removing and disposing of existing pipeline as required; furnishing, transporting, and installing all pipe and materials; adjusting location of existing small utilities, valves; tapping and/or connecting to pipes or structures, and furnishing and installing fittings or specials not otherwise provided for elsewhere in the Documents; and jointing materials including: O-rings, gaskets, bolts, concrete encasement, concrete collars, connecting bands and other miscellaneous items as required to construct the specific pipeline; removal of surfacing materials, excavation including exploratory excavation; constructing the specific bedding including the furnishing, placing, and compacting of materials as required for bedding; protective coatings or wrapping; method of backfill and compaction as specified; trench supporting; protection of aboveground and underground utilities and service connections; disposal of debris, disposal of pipe, excess excavated material, and damaged materials; inspection; and, all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual lineal footage of pipe installed at the time of each progress payment. Pay Item Pav Unit KP - 42" RCP KP to RFMP LF 124. KP - 13' x 6' Junction Box to RFMP The measurement for payment for the construction of the 13' x 6' Junction Box shall be the individual structure, complete, and in place. The cost for the 13' x 6' Junction Box shall include the fabrication charges and special installation costs of the individual fitting in accordance with the Drawings and Specifications. Payment for the 13' x 6' Junction Box shall be made for the finished structure complete and in place at the time of the monthly progress payment. Pay Item Da" Unit KP - 13' x 6' Junction Box to RFMP LS 125. KP - 8" Underdrain K-A Solid The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from: CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -33 1. centerline of manhole or bend to centerline of manhole or bend, or 2. centerline of manhole or bend on the main line to inside face of cast -in -place structure. The unit price bid per linear foot of pipe shall include all of the CONTRACTOR's costs of whatsoever nature required for constructing the specific pipeline. The payment shall be total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including PVC pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Da" Unit KP - 8" Underdrain K-A Solid LF 126. RFMP & KP - Promenade Drainage Sidewalk The measurement and payment for this item will be the total number of square feet for the sidewalk completed for the project. The unit price bid per square feet for these items shall include all of the CONTRACTOR'S costs of whatsoever nature including all labor, equipment, and all incidentals necessary to construct the sidewalk, as defined on the Drawings and Specifications. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit RFMP & KP - Promenade Drainage Sidewalk SF 127, RFMP - 8" PVC Sanitary Sewer Relocation - Line A (work order #2 allowance) The measurement for payment shall be the actual number of linear feet of pipe installed, completed in place, measured along the centerline of the pipe from: centerline of manhole or bend to centerline of manhole or bend, or centerline of manhole or bend on the main line to inside face of cast -in -place structure. The unit price bid per linear foot of pipe shall include all of the CONTRACTORS costs of whatsoever nature required for constructing the specific pipeline. The payment shall be total compensation for all labor, equipment and materials required to construct the sanitary sewer lines, including DIP pipe material, bedding, excavation, compaction, trench support; protection of above ground and underground utilities, disposal of debris, excess excavated material, and damaged materials as well as all other related and necessary materials, work, and equipment required to construct a complete operable CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -34 pipeline in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment, Pay Item Pa Unit RFMP - 8" DIP Sanitary Sewer Relocation - Line A LF 128. RFMP - 48" Manholes (work order #2 allowance) The measurement for payment for the construction of the specified manhole will be the individual structure, complete, and in place. The unit price bid per manhole shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: Furnishing, transporting, and installing all materials; sheeting and/or bracing; concrete; reinforced precast cones or flattop; joint sealant and grout; manhole steps, ring and cover; manhole frame and lid; constructing and shaping of the base invert including all pipe incorporated within the manhole; construction of required stub -outs and connections including pipe, plugs and transition couplings; removal of all sod and other surfacing material outside of the prescribed trench width; backfilling and compaction; furnishing and compacting imported backfill material if no suitable on -site material is available; and, all other related and necessary materials, work, and equipment required to construct the manhole complete in accordance with the Drawings and Specifications and as implied by the Contract Documents. Payment shall be based on actual quantity installed at the time of each Progress Payment. Pay Item Pay Unit RFMP - 48" Manholes (on 15" SS) EA 129. RFMP — Abandon 15" SS w/Flashfill (work order #2 allowance) The unit price bid, per lineal foot, for this item shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary to abandon 15" SS with flashfill. Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pav Unit RFMP - Abandon 15" SS w/Flashfill LF 130. RFMP & KP — Pipe Trench Import Allowance (work order #2 allowance) The measurement for payment of this item will be the total number of cubic yards of pipe trench backfill imported as determined necessary by the ENGINEER or OWNER. The unit price bid per cubic yard for this item shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -35 to import material for backfilling trenches as determined necessary by the ENGINEER or OWNER. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Pipe Trench Import Allowance CY 131. RFMP & KP — Permanent TRM & Seeding on West Bank of Larimer #2 (work order #2 allowance) The measurement for payment of this item will be the total number of square feet of Turr Reinforcement Mat (TRM) and Seed complete and in place. The unit price bid per square foot for this item shall include all of the CONTRACTOR's costs of whatsoever nature including all labor, equipment, and all incidentals necessary for the installation of the Permanent TRM & Seeding. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Permanent TRM & Seeding on West Bank of Larimer #2 SF 132. RFMP — Tracking Pad at Underhill (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required for the installation and maintenance of tracking pads. The tracking pad at Prospect shall be 12' wide by 20' long and constructed of a 6 inch layer of 1 "-2" washed crushed rock. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pay Unit Tracking Pad at Underhill LS 133. KP — Milllsapps & Thayer Fencing Modifications (work order #2 allowance) No unit measurement shall be made for this item. Work includes providing all equipment, labor, and materials required for relocating fencing adjacent to the project. Payment for this item shall be made based on the actual quantity of work complete at the time of each Progress Payment. Pay Item Pav Unit Millsapps & Thayer Fencing Modifications LS CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -36 134. Komatsu 800 Rental (work order #2 allowance) Payment shall be made as the work progresses. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Work includes providing all equipment, labor, and materials required to provide a Komatsu 800 excavator for the work. Pay Item Pav Unit Komatsu 800 Rental MO CIPO WO#2 — RFM and Kane Ponds Measurement and Payment February 2008 01270 -37 SECTION 01310 PROJECT MEETINGS PART1 GENERAL 1.01 SECTION INCLUDES A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. CONTRACTOR and CONTRACTOR's Superintendent 2. CONTRACTOR's Surveyor and Subcontractors 2. ENGINEER 3. OWNER 4. Others as requested by the CONTRACTOR, OWNER, or ENGINEER Unless previously submitted to the OWNER, the CONTRACTOR shall bring to the conference a tentative schedule of the construction project, include in the schedule shop drawings and other submittals. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. CONTRACTOR's tentative Schedule 2. Permit applications and submittals, including 402 Permit, SWMP, and Traffic Control Plan 3. Transmittal, review and distribution of CONTRACTOR's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and OWNER's needs 9. CONTRACTOR's assignment of safety and first aid B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the OWNER, ENGINEER and CONTRACTOR. These meetings shall be attended by the OWNER, the ENGINEER, the CONTRACTOR's representative and any others invited by these people. The meeting will be conducted by the ENGINEER and the ENGINEER will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of CIPO WO#2 — RFM & Kane Ponds Project Meetings February 2008 01310-1 strategies for connections into existing facilities, status of field orders and change orders, and any general business. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Project Meetings February 2008 01310-2 IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 3 day of April , 2008. IN PRCE O`/ Timothy A Deegan rri,,,,ti,r SeCPetary Trier IN PRESEN01 IN PRESENCE OF: /� !/G. /U(, Barbara A. Miller, Witness Carney Companies, Inc. 0 M Principol Scott 0, Terry Senior V1ce-President Title Oarney ConstrUdtion Garnw Gon&ilk..00ri Address 10822 W. "holler Dr Suite 100 Littleton, CC 8 127 Other Partners Western Surety Company Surety By����� Attorney -in -Fact By, Linda L. Nutt, Attorney -in -Fact Address THOMAS MCGEE, L.C. 920 MAIN ST., STE. 1700 PO BOX 419013 KANSAS CITY, MO 64141-6013 816/842-4800 NOTE:, Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO#2 — RFM & Kane Ponds Payment Bond February 2008 00615-2 SECTION 01320 CONSTRUCTION SCHEDULES 1.01 SECTION INCLUDES A. Prepare detailed schedule of all construction operations and procurements to be reviewed by parties attending the preconstruction conference. Schedule shall be approved by the OWNER and ENGINEER prior to Notice to Proceed. 1.02 FORMAT AND SUBMISSIONS A. Prepare construction and procurement schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit four (4) copies of each schedule to the OWNER and ENGINEER for review. The ENGINEER will return one copy to the CONTRACTOR with revisions suggested or necessary for coordination of the Work with the needs of the OWNER or others. 1.03 CONTENT A. Construction Progress Schedule Show the complete work sequence of construction by activity and location. Show the dates for the beginning and completion of major task items. At a minimum, show the following items for Kane and Red Fox Meadows Ponds: • RCBC and RCP installations • Excavation of sedimentation basins • Construction of access and haul roads • Demolition of existing structures • Erosion control • Fencing • Placement of riprap, TRM and seeding 3. Show the dates for the beginning and completion of major task items. At a minimum, show the following items for Castlerock Outfall: • Stripping and grubbing • RCBC and RCP installations • Revegetation of site Show projected percentage of completion for each item as of the first day of the month. CIPO WO#2 — RFM & Kane Ponds February 2008 01320-1 Construction Schedules B. Report of delivery of equipment and materials. Show delivery status of critical and major items of equipment and materials. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials. 1.04 PROGRESS REVISIONS A. Submit revised schedules and reports when changes are foreseen, when requested by OWNER or ENGINEER, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.05 OWNER'S RESPONSIBILITY A. OWNER's review is only for the purpose of checking conformity with the Contract Documents and assisting CONTRACTOR in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving CONTRACTOR from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds February 2008 01320-2 Construction Schedules SECTION 01330 SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements: Where required by the Specifications, the CONTRACTOR shall submit descriptive information that will enable the ENGINEER to determine whether the CONTRACTOR's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The CONTRACTOR shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where its submittal may affect the work of another CONTRACTOR or the OWNER. The CONTRACTOR shall ensure coordination of submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to CONTRACTOR with action to be indicated by the ENGINEER. It shall be the CONTRACTOR's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. 4. It shall be the CONTRACTOR's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the CONTRACTOR's own risk. B. Submittal Procedure: Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are required, four (4) of which will be retained by the ENGINEER. The CONTRACTOR shall receive two (2) copies in return. Faxed submittals will not be accepted. As an alternate, submittals may be posted on a "share site" such as Sharepoint, for review by the ENGINEER or OWNER. All other requirements of this section shall apply. 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. CIPO WOI#2 — RFM & Kane Ponds Submittals February 2008 01330-1 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the ENGINEER to require submittals in addition to those called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the ENGINEER and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXV is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 2513, for example, is the second resubmittal of Submittal 25. 7. If the CONTRACTOR proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the CONTRACTOR's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a matter that enables the CONTRACTOR to determine acceptable options without submittals. The review procedure is based on the CONTRACTOR's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the ENGINEER will review the submittal and return copies. The returned submittal will indicate one of the following actions: a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the CONTRACTOR may begin to CIPO WO#2 — RFM & Kane Ponds Submittals February 2008 01330-2 implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "FURNISH AS NOTED". The CONTRACTOR may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. C. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the CONTRACTOR shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by CONTRACTOR to explain in detail specific portions of the work required by the Contract CONTRACTOR shall coordinate all such drawings, and review them for legibility, accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the ENGINEER without evidence of CONTRACTOR's approval will be returned for resubmission. 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. 4. CONTRACTOR shall stamp his approval on shop drawings prior to submission to the ENGINEER as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(CONTRACTOR's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". CIPO WO#2 — RFM & Kane Ponds Submittals February 2008 01330-3 Marks on drawings by CONTRACTOR shall not be in red. Any marks by CONTRACTOR shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, CONTRACTOR shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the ENGINEER. If ENGINEER approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. Should the CONTRACTOR propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the ENGINEER's preliminary review), the CONTRACTOR shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. G. Effect of Review of CONTRACTOR's Submittals: Review of drawings, data, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the OWNER has no objection to the CONTRACTOR, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Submittals February 2008 01330-4 SECTION 01425 STANDARD REFERENCES PART GENERAL 1.1 SECTION INCLUDES A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference 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, except as may be otherwise specifically stated. However, no provision of any referenced standard, specifications manual or code (whether or not specially incorporated by reference in the Contact Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's Consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work. Whenever used in the Contract Documents, the following abbreviations will have the meanings listed: AASHTO American Association of State Highway and Transportation Officials 444 North Capital Street, N.W., Suite 225 Washington, DC 20001 ACI American Concrete Institute P. O. Box 19150 Detroit, MI ACPA American Concrete Pipe Association AISC American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 AISI American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 ANSI American National Standards Institute, Inc. 1430 Broadway New York, NY 10017 AREMA American Railway Engineering and Maintenance -of -Way Association 8201 Corporate Drive, Suite 1125 Landover, MD 20785 CIPO WO#2 — RFM & Kane Ponds Standard References February 2008 01425-1 ASCE American Society of Civil Engineers 345 East 47th Street New York, NY 10017 ASTM American Society of Testing and Materials 1916 Race Street Philadelphia, PA 19103 ATSSA American Traffic Safety Services Association BOCA Building Officials and Code Administrators 17926 Halstead Homewood, IL 60430 CCA Colorado Contractors Association CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street Chicago, IL 60601 CSI Construction Specifications Institute DIPRA Ductile Iron Pipe Research Associations EPA Environmental Protection Agency FEDSPEC Federal Specifications General Services Administration Specification and Consumer Information Distribution Branch Washington Navy Yard, Building 197 Washington, DC 20407 FEDSTDS Federal Standards (see FEDSPEC) ICBO International Conference of Building Officials 5360 South Workman Mill Road Whittier, CA 90601 MILSPEC Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 NIST National Institute of Standards and Technology NPC National Plumbing Code CIPO WO#2 — RFM & Kane Ponds Standard References February 2008 01425-2 NSC National Safety Council OSHA Occupational Safety and Health Act U.S. Department of Labor Occupational and Health Administration San Francisco Regional Office 450 Golden Gate Avenue, Box 30617 PCA Portland Cement Association PC[ Prestressed Concrete Institute PS Products Standards Section - U.S. Depart. of Commerce SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction Building News, Inc. 3055 Overhead Avenue Los Angeles, CA 90034 TCA Title Council of America UBC Uniform Building Code Published by ICBO UL Underwriter's Laboratory 207 East Ohio Street Chicago, IL 60611 UMC Uniform Mechanical Code Published by ICBO UPC Uniform Plumbing Code Published by IAPMO PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Standard References February 2008 01425-3 SECTION 01450 MATERIALS TESTING PART1 GENERAL 1.01 SECTION INCLUDES A. Provide such equipment and facilities as are required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. Tests shall be made by an accredited testing laboratory selected by the OWNER. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 OWNER'S RESPONSIBILITIES A. The OWNER shall be responsible for and shall pay all costs in connection with the following testing: Soils compaction tests 2. Trench backfill 3. Pipe and structural bedding 4. Tests not called for by the Specifications of materials delivered to the site Concrete tests 6. Pavement tests 1.03 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, CONTRACTOR shall also be responsible for and shall pay all costs in connection with testing required for the following: CIPO WO#2 — RFM & Kane Ponds Materials Testing February 2008 01450-1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Barbara A Miller, Brenda L Linze, J Douglas Joyce, Eric Van Buskirk, Linda L Nutt, Lawrence S Kaminsky, Michael T Kelly, Eugene A Klein, Thomas P Latz, Thomas M English, Michael Lee Swift, Individually of Kansas City, MO, its true and lawful Attorney(s)-in-Pact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of January, 2007. p Y WESTERN SURETY COMPANY Paul . Bmfat, Senior Vice President State of South Dakota County of I On this 23rd day of January, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 +444Y444Y444Y4Y444YY4Y444 i D. KRELL rr NOTARY PUBLIC OQL r r SALESOUTH DAKOTA ,__ i r �4444444444YM44YYYYYYYY4� 1, L. Nelson, Assistant Secretary of force, and further certify that tile,, By -Law, my name and affixed the seal of the said is CERTIFICATE "—& Krell, Nc ary Public 'Y`do hereby certify that the Power of Attorney hereinabove set forth is still in reverse hereof is still in force. In testimony whereof I have hereunto subscribed y of_ April 2008. WESTERN SURETY COMPANY -. `"w✓mo mr"` ro„n F4280-09-0e L. Nelson, Assistant Secretary 1. Concrete materials and mix designs. 2. Design of asphalt mixtures. 3. Gradation tests for embankment, fill and backfill materials. 4. All performance and field testing specifically called for by the Specifications. 5. All retesting for work or materials found defective or unsatisfactory, including tests covered under 1.02 above. 6. Water quality testing required by discharge permits. 1.04 TRANSMITTAL OF TEST REPORTS Written reports of tests and engineering data furnished by CONTRACTOR for ENGINEER's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the OWNER will furnish six (6) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Three (3) copies of each test report will be transmitted to the ENGINEER, one (1) copy to the CONTRACTOR, and two (2) copies to the OWNER within seven (7) days after each test is completed. Results of tests performed on site will be relayed to the ENGINEER and CONTRACTOR before the testing firm's personnel leave the work site. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Materials Testing February 2008 01450-2 SECTION 01520 FIELD OFFICES FOR OWNER PART1 GENERAL 1.01 SECTION INCLUDES A. Description: 1. The CONTRACTOR shall provide set-up for OWNER's field offices for the OWNER and ENGINEER, which shall be separate from the CONTRACTOR's facilities. The CONTRACTOR shall maintain these field offices for the OWNER during the entire construction period, including providing and paying for utility hook-up to include power, water, sanitary facilities and heat. B. Location: 1. Field office and storage facilities will be determined by CONTRACTOR subject to the OWNER's acceptance. PART2 PRODUCTS 2.01 MATERIALS A. May be new or used, but must be serviceable, adequate for the required purpose, and must not violate applicable codes or regulations. PART 3 EXECUTION 3.01 PREPARATION A. Fill and grade sites for temporary structures to provide surface drainage away from the field office. 3.02 INSTALLATION A. Construct temporary field office on proper foundations, provide connections for utility services. 1. Secure portable or mobile buildings when used. 2. Provide steps and landings at entrance doors. B. Mount thermometer at convenient outside locations, not in direct sunlight. CIPO WO#2 — RFM & Kane Ponds Field Offices for Owner February 2008 01520-1 3.03 MAINTENANCE AND CLEANING A. Provide periodic maintenance and cleaning at least weekly. B. Maintenance entrance area to be dry and free of mud and debris. 3.04 REMOVAL A. Remove temporary field offices, contents, and services at a time they are no longer needed as determined by the OWNER. B. Remove foundations and debris, grade the site to required elevations, and clean the areas and restore to original condition or better. END OF SECTION CIPO WO#2 — RFM & Kane Ponds Field Offices for Owner February 2008 01520-2 SECTION 01555 TRAFFIC REGULATION PART1 GENERAL 1.01 SECTION INCLUDES A. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. B. Operations on or about traffic areas and provisions for regulating traffic will be subject to the regulation of governmental agencies having jurisdiction over the affected areas. C. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. D. Keep fire hydrants and water control valves free from obstruction and available for use at all times. E. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 1. Provide and maintain temporary access for businesses and residences. 1.02 TRAFFIC CONTROL PLAN A. The Traffic Control Plan provided by the OWNER is to be used as a guideline for the CONTRACTOR. Adjustments to the approved plan may be required by the OWNER based on actual traffic operation. B. Traffic control shall be provided by the City of Fort Collins. 1.03 FLAGMEN A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and certified by American Traffic Safety Services Associations (ATSSA) and/or Colorado Contractors Association (CCA). 1.04 WARNING SIGNS AND LIGHTS A. Provide barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment (moving or parked), piled embankment. CIPO WO##2 — RFM & Kane Ponds Traffic Regulations February 2008 01555-1 B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. D. Barricades and warning signs must be acceptable to the ENGINEER. 1.05 PARKING A. The CONTRACTOR shall designate parking areas with the approval of the OWNER for the use of all construction workers and others performing work or furnishing services in connection with the project so as avoid interference with public traffic, OWNER's operations, or construction activities. 1.06 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between CONTRACTOR and OWNER and all authorities having jurisdiction over any properties involved. B. Except when actually working in the roadway, all local roads (Taft Hill Road, Prospect Road, Castlerock Drive, Elizabeth Street and Glenmoor Drive) shall remain open to traffic at all times. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Traffic Regulations February 2008 01555-2 SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Description: 1. This section describes the procedure required by the CONTRACTOR for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. C. Other types of equipment and kinds of material may be acceptable to the OWNER and ENGINEER. d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by ENGINEER and the OWNER. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the OWNER/ENGINEER will consider written requests for substitutions of products, materials, systems or other items. b. The ENGINEER reserves the right to require substitute items to comply color and pattern -wise with base specified items, if necessary to secure "design intent". C. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 2) For products: Product identification, including manufacturer's name. CIPO WO#2 — RFM & Kane Ponds Substitutions and Product Options February 2008 01635-1 ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product was used, date of installation, and field performance data. 3) For construction methods: Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: a. Request sufficiently in advance to avoid delay in construction. 5. CONTRACTOR's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer, indicate selected type in submission. CIPO WO##2 — RFM & Kane Ponds Substitutions and Product Options February 2008 01635-2 b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. C. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent' after specified product, CONTRACTOR must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: a. Substitutions and/or options will not be considered if: 1) They are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WOI#2 — RFM & Kane Ponds Substitutions and Product Options February 2008 01635-3 SECTION 01650 MATERIAL DELIVERY, STORAGE AND HANDLING PART1 GENERAL 1.01 SECTION INCLUDES A. Equipment, products and materials shall be shipped, handled, stored, and installed in ways which will prevent damage to the items. Damaged items will not be permitted as part of the work except in cases of minor damage that have been satisfactorily repaired and are acceptable to the ENGINEER. B. Pipe: Pipe and appurtenances shall be handled, stored, and installed as recommended by the manufacturer. Pipes with paint, tape coatings, linings or the like shall be stored to protect the coating or lining from physical damage or other deterioration. Pipe shipped with interior bracing shall have the bracing removed only when recommended by the pipe manufacturer. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Material Delivery, Storage, and Handling February 2008 01650-1 Iles cctilicate is executed by labeny Motor l boareace Group as respects each insnrance as is afforded by those co np.. I nes,13M0068 Certificate of Insurance 'Phis certificate is issued as a orator of Infonmtion only and confers no rights upon the cenifrcmc holder. 'Ibis cerifcate is not an insuranw policy and does not anlnnallvely or negatively ammnd, extend, or alter the coverage afforded by the policies listed below. Policy limits are no less than those listed, ellhough politics troy include additional sa dfinits not listed below. Policy limits inay be reduced byelainis tea' other payments. sis to cm life that fNtnr, and.dd. ass of In owed) GARNEY CONSTRUCTION 10822 W'FOLLER DRIVE, Still E 100 LITTLETON, CO 80127 is not altered by ant' co niiCmenl, term or Ex >iratimtT ne Continuous* L'xtendect X Policy Tcnn Workers Compensation General Liability HClaims Matte X Occurrence 12etro Date Automobile Liability X Owned X Non -Owned X Hired to all their lens, exclusions and conditions and 10/01/2007 / 10/01/2008 WA2-14D426942-737 Coverage affotded under WC law of the following states: Employers Liability Bodily Injury By Accident $1,000,000 Each Accident AL, AR, AZ, CO, FL, GA, KS, KY, MO, NE, OK, SDI IN, 'IX Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Pet -soil 10/0 1/2007 / 10/01/2008 I'1'132-141426942-727 1 General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability I Per Personal and Advertising Injury I Pe' Person / Other Liability Other Liability $300,000 Fire Legal $10,000 Medical 10/01/2007 / 10/01/2008 AS2-141426942-717 Each Accident - Single Limit - B. 1. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence C R& Canal Importation Ponds and Outfall - Work Order #2-RFM&Kane Ponds. ---____-- O City of Foil Collins, Colorado, Andenson Consulting Engineers and Ayres Associates are an additional insured under the General and Ann Liability policy ifrequiled by M written contract with the Natned Insured, but only for the coverage and limits provided by the policy and the additional insured endorsement. M E N T .mViunle: a Nc ccnmcare lasawl u all nuunlurvN, INsueLD m c Iwl¢y(acs) nnm be endorsed. A slammmnl at this ccna0catc does not canter ngbts ro the ccnificam holder in lieu of such endorsancnt(s). If SUBROGA'NON ISWAIn4D,s,bjectm0efonnsard coantiets ortheIohry,remainpolitics may rewire an endrowacnt. A slatNnOa on Ihts cenilicme dotsnot confer riSb6 ro OIeeertipc:ne orderinlieull`e, endorsemenll. The followieS applies only eith respect w insnrance for moor carriers ra$ifIGGI in Vlarida: As provided for m Pla. Stan. § 320.02(5j(e), Ilan lismd insnrance Iwlicy nwy noI be cu¢cllcd on Tess than 30 drys'noon raise by the insurer m the D "corr nt of lady Safety & Mot., Vehicles, sash 30 days notice wren ...... ce free dice notice is received by Ile Daparmmnt- peli e, until ar loct 60 dayeaeire ofmch cancdlalion has bccnanailed to. - - -- - -_-- - I Office: OVERLAND PARK, KS Phone: 913-681-1700 Certificate Holder: City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 CHRISfINA GRAVELY Date Issued: 04/01/2008 Prepared By: Cl I SECTION 01710 SITE CONDITIONS PART1 GENERAL 1.01 SECTION INCLUDES A. General: The CONTRACTOR acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, water flow rates and levels in irrigation ditches and canals or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the OWNER or included in these Documents. Failure by the CONTRACTOR to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The CONTRACTOR warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the OWNER. The OWNER assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the OWNER. PART PRODUCTS 2.01 INFORMATION ON SITE CONDITIONS A. Any information obtained by the ENGINEER regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the ENGINEER upon request. Such information is offered as supplementary information only. Neither the ENGINEER nor the OWNER assumes any responsibility for the completeness or interpretation of such supplementary information. Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing CIPO WO#2 — RFM & Kane Ponds Site Conditions February 2008 01710-1 materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the CONTRACTOR shall promptly, and before such conditions are disturbed, notify the ENGINEER in writing of such changed conditions. b. The ENGINEER will investigate such conditions promptly and following this investigation, the CONTRACTOR shall proceed with the work, unless otherwise instructed by the ENGINEER. If the ENGINEER finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the ENGINEER will recommend to the OWNER the amount of adjustment in cost and time he considers reasonable. The OWNER will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. PART 3 EXECUTION 3.01 GENERAL A. Where the CONTRACTOR's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the CONTRACTOR. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C. The CONTRACTOR shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the ENGINEER and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. D. The CONTRACTOR shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. CIPO WO#2— RFM & Kane Ponds Site Conditions February 2008 01710-2 E. Neither the OWNER nor its officers or agents shall be responsible to the CONTRACTOR for damages as a result of the CONTRACTOR's failure to protect utilities encountered in the work. F. If the CONTRACTOR while performing the Contract discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the OWNER, utility, and the ENGINEER in writing. G. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. H. The CONTRACTOR shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the ENGINEER. 3.02 INTERFERING STRUCTURES A. The CONTRACTOR shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 3.03 FIELD RELOCATION A. During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the ENGINEER. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the ENGINEER before continuing with the construction in order that the ENGINEER may make such field revision as necessary to avoid conflict with the existing structures. If the CONTRACTOR shall fail to so notify the ENGINEER when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 EASEMENTS A. Where portions of the work are located on public or private property, easements and permits will be obtained by the OWNER. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the OWNER. It shall be the CONTRACTOR's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The CONTRACTOR shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the OWNER, shall be the responsibility of the CONTRACTOR as specified herein. The CONTRACTOR shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by the ENGINEER, the CONTRACTOR will be required to furnish the OWNER with written releases from property owners or public agencies where side agreements or special CIPO WO#2 — RFM & Kane Ponds Site Conditions February 2008 01710-3 easements have been made by the CONTRACTOR or where the CONTRACTOR's operations, for any reason, have not been kept within the construction right-of-way obtained by the OWNER. B. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the CONTRACTOR shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. 3.05 LAND MONUMENTS A. The CONTRACTOR shall notify the ENGINEER of any existing Federal, State, City, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the CONTRACTOR's expense. When Government monuments are encountered, the CONTRACTOR shall notify the ENGINEER at least two (2) weeks in advance of the proposed construction in order that the ENGINEER will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION CIPO W O#2 — RFM & Kane Ponds Site Conditions February 2008 01710-4 SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION PART1 GENERAL 1.01 SECTION INCLUDES A. The work for this section consists of protecting existing trees, landscape, wetlands and adjacent vegetation. The CONTRACTOR must take special care to avoid damaging existing trees and vegetation in areas that do not need to be disturbed to complete construction. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 SUBMITTAL REQUIREMENTS A. The CONTRACTOR shall submit a plan for on -site haul of materials prior to construction. The plans shall include points of access to and from the site and shall show a workable system of on -site haul routes that protect existing landscaped and wetland areas. This plan shall be submitted to the ENGINEER for his review and comment prior to the commencement of any work. The plan will be discussed with the CONTRACTOR to insure protection of existing vegetation, but the ENGINEER shall not dictate haul routes or construction methods to the CONTRACTOR. 3.02 CONSTRUCTION REQUIREMENTS A. Protected areas will be marked in the field, one time, by the OWNER and ENGINEER. No access of construction vehicles or workers on foot is permitted through protected areas. No material shall be stockpiled; no equipment shall be parked or repaired within these areas. B. Trees and vegetation to be saved that do not fall within the limits of protected areas shall be marked one time in the field by the OWNER and ENGINEER. The CONTRACTOR shall erect fencing if there is risk of damage caused by construction operations. Vehicular and pedestrian traffic shall be limited to performing work in areas marked. Through traffic, and stock piling of equipment and materials are not permitted within marked areas. C. No construction roads are to be created within the drop lines of any trees or other vegetation designated to be saved without approval of the ENGINEER. D. All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (florescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than 6 feet from the trunk, or the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange snow fence attached to T-posts driven into the ground, and must act as an effective deterrent to deliberate or accidental damage of each tree. Actual materials and location of barrier must be approved by the OW NER's representatives (i.e. Utilities and City Forrester) and ENGINEER. CIPO WO#2 — RFM & Kane Ponds Tree, Landscape, Vegetation, and Wetland Protection February 2008 01715-1 E. The movement or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. Any trees damaged during construction shall be immediately repaired by an approved tree surgeon. Any tree judged by the ENGINEER to be damaged beyond repair shall be removed at the CONTRACTOR's expense. For each tree erroneously removed or damaged beyond repair, an assessment shall be immediately withheld from the CONTRACTOR's progress payments. This assessment shall be equal to the value of the tree prior to damage. This assessment shall be determined by a tree appraiser, selected by the OWNER and paid for by the CONTRACTOR. The cost for hiring the appraiser shall also be withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the CONTRACTOR shall replace each damaged tree per OWNER'S standards for tree mitigation. G. The CONTRACTOR shall pay an assessment if he disturbs any grasses, shrubs and/or cattails located within the protected areas. The assessment shall not exceed one dollar ($1.00) per square foot of disturbance, and will be immediately withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the damaged vegetation shall be replaced with an equal value per square foot of damage. Replacements shall be planted in accordance with the provisions outlined in these Specifications. Damaged wetland areas shall be replaced and then seeded with a wetland seed mix in accordance with these Specifications or as directed by the ENGINEER. END OF SECTION CIPO WOff2 — RFM & Kane Ponds Tree, Landscape, Vegetation, and Wetland Protection February 2008 01715-2 SECTION 01720 FIELD ENGINEERING AND SURVEYING PART1 GENERAL 1.01 SECTION INCLUDES A. Surveying: It shall be the responsibility of the CONTRACTOR to provide construction staking for horizontal and vertical alignment of the centerline, grading, and all appurtenant features of the work including all offset lines necessary for construction. The CONTRACTOR shall be responsible for staking the limits of construction. All construction surveying provided by the CONTRACTOR shall be completed under the supervision of a Colorado Registered Land Surveyor. The ENGINEER will provide the elevations and descriptions of the original and temporary project benchmarks. The ENGINEER will also provide two (2) additional benchmarks in a location within the limits of construction at the request of the CONTRACTOR. B. Supervision: The CONTRACTOR shall have supervision, knowledge of the project requirements and proper installation, and construction procedures, available in the field at all times that work is progressing. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WOd#2 — RFM & Kane Ponds Field Engineering and Surveying February 2008 01720-1 SECTION 01745 ENVIRONMENTAL CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. PART 2 PRODUCTS 2.01 MATERIALS A. Dust Control: Dust control agents may be necessary in addition to wetting down with water. Dust control agents may be used only after prior approval by the OWNER. PART 3 EXECUTION 3.01 Dust Control Application: A. The CONTRACTOR shall execute work by methods to minimize raising dust from construction operations. B. The CONTRACTOR shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non -approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the OWNER. The CONTRACTOR shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. C. The OWNER will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the OWNER. The CONTRACTOR shall be expected to maintain dust control measures effectively whether the OWNER or ENGINEER specifically orders such Work. 3.02 PRESERVATION OF NATURAL FEATURES A. Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. 3.03 HOUSEKEEPING A. Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all CIPO WO#2 — RFM & Kane Ponds Environmental Controls February 2008 01745-1 rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. 3.04 DISPOSAL A. Disposal of Waste (Unsuitable) Materials: All material determined by the ENGINEER to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., to be borne by the CONTRACTOR. B. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. C. Excess excavation shall become the property of the CONTRACTOR and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. D. The CONTRACTOR is to immediately inform ENGINEER of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. 3.05 BURNING A. No burning of debris will be permitted. 3.06 WATER CONTROL A. The project work is located within a natural drainage course is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. Refer to Section 02240 for Water Control and Dewatering requirements. 3.07 NOISE CONTROL A. All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The CONTRACTOR shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the CONTRACTOR as necessary to show that the permitted levels are not being exceeded. 3.08 PERMITS A. All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the CONTRACTOR to obtain a Groundwater Discharge (402) Permit from the Colorado Department of Public Health and Environment for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The CONTRACTOR shall be responsible for any testing required under the 402 Permit. CIPO WO##2 — RFM & Kane Ponds Environmental Controls February 2008 01745-2 B. The OWNER will obtain the following permits: Corps of Engineers 404 Permit Colorado State Well Permit Colorado State Intent to Dewater Permit C. It shall be the responsibility of the CONTRACTOR to prepare and maintain a Stormwater Management Plan (SWMP). The CONTRACTOR must obtain all other applicable permits. END OF SECTION CIPO WO##2 — RFM & Kane Ponds Environmental Controls February 2008 01745-3 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins (OWNER) Date of Substantial Completion: Project or Specified Part Shall Include: PROJECT TITLE: Canal Importation Ponds and Outfall —..Work Order #2 — RFM & Kane Ponds LOCATION: Fort Collins Colorado OWNER: City of Fort Collins CONTRACTOR: Garney Construction CONTRACT DATE: Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER M 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 CIPO WO#2 — RFM & Kane Ponds Authorized Representative Date Certificate of Substantial Completion February 2008 00635-1 SECTION 01780 CONTRACT CLOSEOUT PART1 GENERAL 1.01 SECTION INCLUDES A. The following project closeout procedure defines the responsibilities of the CONTRACTOR, OWNER, and ENGINEER in closing the project: Step 1: CONTRACTOR advises the ENGINEER in writing that he has reached "Substantial Completion" and provides a list of items to be completed or corrected. Closeout may be conducted by areas or portions of the work if requested by the OWNER. Step 2: ENGINEER inspects the work to determine if it is substantially complete, and issues a Certificate of Substantial Completion plus a "Punch List" of items to be completed or corrected. Substantial Completion - Definition 1. Reference General Conditions, Substantial Completion Step 3: CONTRACTOR completes and/or corrects all punch list items and notifies the ENGINEER in writing that his work is ready for final inspection. Step 4: ENGINEER makes final inspection. When the work is found to be acceptable under the Contract Documents, and the Contract fully performed, the ENGINEER will request that the OWNER issue a Certificate of Final Acceptance. B. Final Paperwork: Prior to Final Payment and Acceptance, the CONTRACTOR shall deliver the following items to the ENGINEER: 1. CONTRACTOR's Two -Year Guarantee of Materials and Workmanship. 2. All Guarantees, Warranties and Submittals, as specified. 3. Receipts for Extra Materials Delivered to the OWNER. 4. Final Application for Payment. 5. Consent of Surety to Final Payment. 6. CONTRACTOR's Affidavit of Release of Liens. 7. SUBCONTRACTOR's Affidavit of Release of Liens. 8. Releases from Property Owners for Special Easements. 9. Project Record Documents. 10. Red -lined as -built drawings (a.k.a. "Drawings of Record" or "Record Drawings"). CIPO WO#2 — RFM & Kane Ponds Contract Closeout February 2008 01780-1 C. Definition for Substantial Completion All Work except for the following must be complete: a. Seeding of the work area. D. Definition for Final Completion 1. All Work must be complete for Final Completion. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Contract Closeout February 2008 01780-2 SECTION 01580 PROJECT SIGNS PART1 GENERAL 1.01 SECTION INCLUDES A. The CONTRACTOR shall erect project and trail signs to be provided by the CONTRACTOR. 1.02 LOCATION A. Two (2) project signs and eight (8) trail signs shall be placed in locations designated by the OWNER. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 REQUIREMENTS A. The project signs shall be placed, at the direction of the OWNER, in close conformity with the immediate work as described in Subsection 1.02 in a way that it can be readily seen and read by the public. B. The CONTRACTOR shall maintain the project sign in good condition, satisfactory to the OWNER, during the period of his performance of this contract, and upon completion of the contract work, or when directed, shall deliver it to the OWNER in acceptable condition. The CONTRACTOR shall not be required to relocate the sign prior to final delivery to the OWNER. C. The signs shall be erected within two (2) weeks from the date of Notice to Proceed and prior to the start of the construction of project items. END OF SECTION CIPO WO#2 — RFM & Kane Ponds Project Signs February 2008 01580-1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: M You are hereby notified that on the day of , 2008, the City of Fort Collins, Colorado, has accepted the Work completed by Garvey Construction for the City of Fort Collins project, Canal Importation Ponds and Outfall — Work Order #2 — RFM & Kane Ponds A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins M Title: ATTEST: Title: CIPO W092 — RFM & Kane Ponds Certificate of Final Acceptance February 2008 00640-1 SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: Canal Importation Ponds and Outfall —Work Order #2 RFM & Kane Ponds 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. In consideration of such payment and other good and valuable consideration, the receipt anc adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights. claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A, 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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. CIPO WO#2 — RFM & Kane Ponds Lien Waiver Release (Contractor) February 2008 00650-1 CONTRACT DOCUMENTS TABLE OF Section CONTRACT DOCUMENTS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 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) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Work Order Change Order 00960 Application for Payment 5/98 CONTENTS Pages 00530-1 00530-1 00600 00610-1 — 00610-2 00615-1 — 00615-2 00630-1 00635-1 00640-1 00650-1 — 00650-2 00651-1 — 00651-2 00660-1 00670-1 — 00670-2 00700-1 — 00700-34 GC-A008 p11 GC-A2 00700-1 — 0800-4 00700-34 GC-A008 p11 GC-A2 0800-4 00950-1 00960-1 — 00960-2 Signed this day of 2008 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 2008, By Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO#2 — RFM & Kane Ponds Lien Waiver Release (Contractor) February 2008 00650-2 SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) TO: (CONTRACTOR) FROM: (Subcontractor) PROJECT: Canal Importation Ponds and Outfall — Work Order #2 RFM & Kane Ponds 1. The Subcontractor acknowledges having received payment, except retainage, from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR 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 Subcontractor 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 Subcontractor 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 CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor 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 Subcontractor or its' agents, employees, and servants, or by and through the Subcontractor by various sub -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 against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub - subcontractors, materialmen, employees, servants agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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 CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. CIPO WO#2 — RFM & Kane Ponds Lien Waiver Release (Subcontractor) February 2008 00651-1 Signed this day of 2008 SUBCONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 2008, By Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO#2 — RFM & Kane Ponds Lien Waiver Release (Subcontractor) February 2008 00651-2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Garvey Construction, Inc. PROJECT: Canal Importation Ponds and Outfall -Work Order #2 - RFM & Kane Ponds CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for 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 , 2008. (Surety Company) IN ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. CIPO WO#2 - RFM & Kane Ponds day of Consent of Surety February 2008 00660-1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER C (303) 232-2416 6G2G1 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1 KaXXIX) WRITE IN 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 01 70-750 (999) $0.00 89 _ on exempt organization (City, Principal contact at Business telephone or corporate name: Bid amount for your Ei Scheduled rviomn .ay real Estimd imunm 'ay rear construction start date: completateion dale: 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. partner or CIPO W0#2 — RFM & Kane Ponds Contractor Application for Tax Exemption Certificate February 2008 00670 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. CIPO W092 — RFM & Kane Ponds Contractor Application for Tax Exemption Certificate February 2008 00670 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS hire been developed by using the STANDARD GENERAL CONDITIONS Oh TI-ll, CONSTRUCTION CONTRACT prepared by the Engineers Joint. Contract Documents Committee, EJCDC No. 1910-5 (1990.Edition), as a base. Changes to that clocument are shovm by underlining 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 MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title DEFINITIONS TABLL OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number &'Title 1.1 Addenda......_._ ........................ L2 _........1 Agreement....._ ............. _... _.._..........1 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,, 1 1.4 Asbestos, ... ..........................1 1.5 Bid.._ ................ _............._.._. 1.6 _.. Bidding Documents _.....1 1.7 Bidding Requirements,,,,,,,,,,,,_,,,_,,,,,,I 1.8 Bonds............................__.____..........7 1.9 Change Order_._................_........._....1 1,10 Contract Documents .............................. 1 L11 Contract Prica,,,,,,,„_,,,,,,,,,,,,,,,,_.___.,,J 1,12 Contract Times,_,_,,,,,,,,,,,,,,,,,,,,,,,__..„1 1.13 CONTRACTOR.......,_,,, 1.14 dclective................................. _..........1 1.15 Drawings. ...................... ..........._...._..1 1.16 Effective Date of the Agreement,,,,_.... 1 1.17 ENGINEER-...... ... ........... .. .... 1,18 ..._....1 ENIGINEER's Consultant,,,,,,,,,,,,,,,,,,_„I 1.19 Field Order....._.. _.. _.....................__.1 1.20 General Requirements 1.21 .. ......................2 Hazardous Waste... ..... .... ...................2 1.22.a Laws and Regulations; Laws or Regulations ....................... 1.22.b _...... Legal Holidays .................................. ...... .. 2 123 Liens............_................._...._......._..2 1,24 Milestone........._.................................2 125 Notice of Award,,,,,, 126 Notice to Proceed 1 127 OWNER.._................._........._..._..._.2 1.28 Partial Utilization,_,__,__ 129 PCBs....._ ..................__........... 1.30 _.... Petroleum...._......................._............2 _.2 1.31 Project ........................... _._.._............? 132.a Radioactive Material 2 132b Regular Working Hours,,,,,_,,,,,,,,,,, 2 1.33 Resident Project Representative,,,_,,,,,,,2 134 Samples......... _....................... ............ 2 1,35 Shop Drawings .................................... 136 Specifications ........... ...................... ,...? 1.37 Sutxontractor 2 1.38 Substantial Completive;,,,,_................2 139 Supplementary Conditions,,,,,_,,,,,,_, 2 1,40 Supplier ........................... ........... _2 1.41 Underground Facilities,,,,,,,,,,,,,,,,,,,,, 2-3 1.42 Unit Price Worl.•,,,,,,,,,,,,,,,,, _..... _........,3 1.43 Work................._..................._..........3 1.44 Work Change Directive ....................... 3 lA5 Written Amendment. .... I .. I ... I .................. 3 Page Drum her 2. PRELIMINARY MATTERS 3 2A Delivery of Bonds 3 22 Copies of Documents ....................... 3 2.3 Commencement of Contract Times; Notice to Proceed ................ 3 2A Starting the Work,,,,,,,,,,,,, 3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Soheddes; Delivery of Certificates of Insurance ................................... 3-4 2,8 Pi eonstruction Conference ............... 4 2.9 Initially Acceptable Schedules ...... ,,_4 CONTIL\CT DOCUMENTS: INTENT, AMENDING, REUSE .......... ................................4 3.1-3.2 Intent..........._............_ _........__.... 4 33 Reference to Standards and Speci- fications of Technical Societies', Reporting and Resolving Dis- crepancies...... _. _............. _....... 4-5 3.4 Intent of Certain Terms or Adjectives........... _........................5 15 Amending Contact Documents„-,. 5 3.6 Supplementing Contract .... Documents........ _......................... 5 3.7 Reuse of])moments .........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..... _... _.................. _.........5 4.1 Availability of Lands ,,,,... ... 5-6 42 Subsurface and Physical Conditions .............. _.................... 6 4.2.1 Reports and Drawings ..... ................6 42.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data...................... _.... _.............. 6 4,2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,,¢ 4.2.4 ENGINEER's Review ........................ 6 4.2.5 Possible Contract Documents Change....... ...... --...... _..............6 4.2.6 Possible Price and Times Adjushnents.............................. 6-7 4.3 Physical Conditions --Underground Facilities..................---...............7 4.3.1 Shown or Indicated ...._........._.........7 43.2 Not Shown or Indicated ..................... 7 4.4 Reference Points,,,,,,,,,,,,,,,_, EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION w/ 0 FY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number c& Title Number 4.5 Asbestos, PCBs, Petrolewn, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ................................. S 5.1-5.2 Performance, Payment and Other Bonds............................................. -8 53 Licensed Sureties and Insurers; Certificates of Insurance .. ........... ...... S 5.4 CONTRACTOR'S Liability Insurance .......................................... 9 5.5 OWNER's Liability Insurance ....._......9 5.6 Property Insurance... ........ .............. 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance .................. 10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts 10 5,10 Other Special Insurance ................... 10 ..11 5.11 Waiver of Rights._ ................... ..... ... .. 5.12-5.13 Receipt ant] Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insm- ance; Option to Replace .................... 5,1.5 Partial Utilization --Property Insurance........ _...... _. _................... 11 S. CONTRACTOR'S RESPONSIBILI'I JES ............... 11 6.1-6.2 Supervision and Superintendence,,,__, 11 63-6.5 Labor, \4aterials anti Equipment._. 11-12 6.6 Progress Schedule. .........................._. 12 6.7 Substitutes and "Or -Equal" Items; CONI'RACTOR's Expensc; Substitute Construction Methods or Procedures; F.NGINEER's Evaluation ............. 12-13 6.8-6,11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ........_,___.,,..,., 13-14 6.12 Patent Fees and Royalties....................14 6.13 Permits._........__.......... _.................. 14 6.14 Laws and Regulations...... _................ 14 6,15 Taxes .......................... _........... _.. 14-15 6.16 Use of Premises ...................... 15 6.17 Site Cleanliness ................................. 15 6.18 Safe Structural Loading., .... ........ 15 6.19 Record Documents„ ........................... 15 6,20 Safely and Protection .................... 15-16 6,21 Safety Representative..._._ .................. 16 6.22 Hazard Communication Programs._.., 16 623 Emergencies ........... ...................... .... 16 624 Shop Drawings and Samples. .............. 16 625 Submittal Proceedures; CON- TRACTOR'S Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing &o Sample Submit- tals Review by ENGINEER ... ,16-17 6.27 Responsibility for Variations From Contract Docum cuts ............ 17 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals................ ............ 17 6.29 Continuing the Work ................ ,..... 17 6.30 CONTRACTOR'S General Warrantyand Guarantee .............. 17 6.31-6.33 Indemnification, ................ _.....17-18 6.34 Survival of Obligations .................. 18 O'IIR1 RWORK.,_................_...........................lS 21-7.3 Related Work at Site 1S 7A Coordination ................................. is OWNER'SRBSPONSIBILITIES 18 8.1 Communications to CON- TRACTOR ................................. 18 8.2 Replacement of ENGIN73ER,...........18 8.3 Furnish Data andPay Promptly When Due......__..._ ................... 18 8.4 Lands and Easements; Reports and Tests ............................... 18-19 8.5 Insurance..:.. _........................... _...19 8.6 Change Orders ... _..._............._..... 19 8.7 Inspections, Tests and Approvals..... _....................... _... 19 8.8 Stop or Suspend Work; Terminate CONTRACTOR'S Services....__ ......................... _._ 19 89 Limitations on OWNER'S Responsibilities..,,,,,.,. _... _..........19 8.10 Asbestos, PCBs, Petrolewn, Hazardous Waste or Radioactive Material ..................... 19 8.11 Evidence of Financi4 Atangem ents... ,......... ....._........19 ENGINEER'S STATUS DURING CONSTRUCT -ION..... _....................... _.........,...,19 9A OwlsIms Representative .............. 19 9.2 Visits to Site ................... _........,_,., 19 9.3 Project Representative ............... 19-21 9.4 Clarifications and Interpre- tations ............................. _.........,21 9.5 Authorized Variations in Wrk 21 EJCDC GENERAL CONES DONS 1910-8 (1990 EDITION xd CHY OF FORT COLLINS MODIFICATIONS (REV 9199) SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Garvey Companies, Inc. W. O. No. G-CIPO-2008-2 PURCHASE ORDER: TITLE: Canal Importation Ponds and Outfall — Work Order #2 — RFM & Kane Ponds ENGINEERS: Anderson Consulting Engineers / Ayres and Associates OWNER'S REPRESENTATIVE: Dean O. Saye NOTICE OF AWARD DATE: March 28, 2008 OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated March 28, 2008 for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated December 6, 2004, you have been awarded a Work Order for this Work Order Description: 1. See Section 01110 — Summary of Work. 2. CONTRACT PRICE, BONDS, AND CERTIFICATES. The price of your Work Order is Five Million Seven Hundred Ninety Five Thousand One Hundred Twenty Seven Dollars and Thirty Two Cents ($5,795,127.32 ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is December 31, 2008, and after Substantial Completion, the number of days for Final Payment and Acceptance is 60 Calendar days. 4. 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 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: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after December 31, 2008 until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the 60 calendar day period for CIPO WO#2 — RFM & Kane Ponds Work Order, Notice of Award and Bid Schedule February 2008 00525-1 Article or Paragraph Page Article or Paragraph Page Number &'Title Number Number & Title Number 9.6 Rejecting Defective Work,,,,,,,,,,,,,,,, 21 13.8-139 Uncovering Work atENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ..................... and Payments.,,,,._ ........................... 21 13.10 OWNER May Slop the Work.......28 9.10 Determinations for Unit Prices.,._. 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defeclive Work .......... .............. NEER as Initial Interpretei.............. 13.12 Correction Period ._2S 28 9.13 Limitations on ENGINEER'S 13,13 .................. Acceptance ofDe(ec..d.....W ve \Vork........25 Authority and Responsibilities.,_22-23 13.14 OWNER May Correct Defcorve \\fork........' 25-29 CHANGES 1N THE WORK ..... _...... _............ _.. _...... 23 _.......... 10.1 OWArER's Ordered Change..,...,,,,, ....2314. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustor en( ................ 23 COMPLETION.................... 10.3 Work Not Required by Contract 14.1 _................ _..._._29 Schedule of Values 29 Documents ... ,.,......................... ....... 23 1, 2 .......................... Application for Progress 10.4 Change Orders................_.....__.......23 Payment ....._.. 10.5 Notification of Surety....... ........_...... 23 14.3 .................... CONTRACTOR's Warranty of .._29 Title_ CHANGE OF CONTRACT PRICE ....... ....................23 14.4-14.7 .................................._.....29 Review of Applications for I1.1-113 Contract Price; Claim for Paymentsress Progress 29-30 Adjustment; Value of 14.5-14.9 ............ Substantial Completion.. 0 the Work .,...... .____..__._....._. 23-24 14.10 ..... _, Partial Utilization ........ 30-31 11.4 Cost of the Work. ,...,..... .... __.,.,..24-25 14.11 ...................... Pinar Inspection,..,.,.., 11.5 Exclusions to Cost of the Rfor};.,.,,,,..25 14.12 ........... Pinar Application for Payment.._....31 .31 11.6 CONTRAC-TOR's Fee .................. _....25 14.13-)4.14 Final Payment and Acceptance,.,.... 31 11.7 Cost Records.._........................25-26 14.15 Waiver of Claims..................._. 31-32 11.8 Cash Allowmmes ......................... ...... 26 11.9 Unit Price Work, ......... ........... - .... 26 15. SUSPENSION OF WORK AND TI1 RMINATION............_ 32 CILANGE OF CONTRACT TI\�IES., .................. 26 15.1 ................................. O\VNrER May Suspend Work .... ,..... 32 12.1 Claim for Adjusbn ant ........... ......... ..... 6 15.2-15.4 OWNER May Terminate. 32 122 Time of the Essence .......................... 26 155 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,, 32-33 Control .,. _.. _.... _... ........ . 12.4 Delays Beyond OWNER.s and 16, DISPUTE RESOLUTION 33 CONTRACTOWs Control ................. 27 17. MISCELLANEOUS 33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ......... ............. REMOVAL OR AGCL'P'LANCE OP 1Z2 ..................33 Cmnpulation of Tim es _.... 33 DF-FECTIPTt WORK....._....._................................._27 17.3 ............. Notice of Claim.....i........._.... ..... 13.1 Notice of Defects ............... _,._.........27 17.4 _......:33 Cumulative Remedes 33 132 Access to the Work., ........ 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ...........................33 CONTRACT-OR's Cooperation.._..... 27 17.6 Applicable State Laws.. 33-34 13.4 OWNER's Responsibilities; Intentionally ............... left blank„ Independent Testing LaNs atory ... ,,. 27 ............._._..,........,_,_,,,,35 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement,......,.,.,,,,,.,._ GC -A] 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration,,,,_ ...................__ GC -Al lion, Testing or Approval,,,,„_._....... 27 16.7 Mediation.,,,.. I ........................ GC -Al ESCDC GENERAL CONDITIONS 19)0-3 (1990 FDi noN,) W/ CITY Or PORT COLLINS MODIFICATIONS OtEv 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications tothe General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance .......................................... 5.14 defective Work ...... ... ................... 10.4.1, 13.5, 13.13 final payment .................... ......_............. 9.12, 14.15 insurance _._......................................... 5.14 other Work, by CONTRACTOR......_._ ...............7.3 Substitutes and "Or -Equal" Items,__,_, _ I..,.,,_ 6.T1 Work by OWNER ._..... ...................... 15, 6,30, 6.34 Access to the -- ].ands, OWNER and CONTRACTOR responsibilities... _. _. _..... _......... _.... _.. _...... 4.1 site, related Work... _. _......................... _... _... _. 7.2 Work, ............... :._..._.................. 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions - CONTRACTOR._._.._.._ ..................... 6.9.1, 9.13.3 ENGINEER..,......_ ............................... 6,20, 9.13.3 OWNER.........................._...................__ 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ........ ........................ _ 5.7 Adjustments -- Contract Price or Contract Times. .. ....... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, .._.........___.... _.... 4.5.3, 9.4, 9.5, 10,210.4, _............................. _....... 11, 12, 14.8, 15A progress schedule ......_6.6 Agreement -- definition of..... :.1.2 "All -Risk" Insurance, policy form .... ,..... _.,.............. 5.6,2 Allowances, Cash ................ Amending Contract Documents.... _.................... _..... 3.5 Amendment, Written -- in general,,,,,,,,,,,,,,,, 1.10, 1.45, 35, 5,10, 5.12, 6.6.2 ............._........._ 6.8.2, 6.19, 10A, 10.4, 11.2 ........................... _.._... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to,,,,,,,,,,,,,,,,,,,,,,,,,, 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definitionof _......_ ............................................ 1.3 ENGINEER's Responsibility ............................... 9,9 final payment ................. 9.13.4, 9A3.5, 14.12-14.15 in general ..... ..... .._............ 2.8, 29, 5.6.4, 9.10, 15.5 progress payment, ...... ............. 1-1.14,1-14.7 review of .............................__................. :14.4-14.7 Arbitration..._.._.....................__.................,,1,6.1-16.6 Asbestos-- chnins pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ......... .4.5.2 definition of.......__ ......................... _...... _......... 1A v Article or Paragraph Number OWNER responsibility for ............................. 4.5A, 8,10 possible price and times change .... ,_._,............ 4.5.2 ,Authorized Variations in Work,...,..,.. �3.6, 6.25, 6.27, 9.5 Availability of Lands ............................. _.......4.1, 8A 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, .......... 1............. 4.2.6.4, Ci.13, 1).4.3, 11.9.1) Bidding Documents --definition of................ ......._....._................... 1. 6(6.8.2) Bidding Requirements --definition If ........ ......... ....._.............. .... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....--- ............................. ........... _ 5.14 additional bonds ., ............................... . 10.5, 11,4.5.9 Cost of the Work. ..... ..... definition of ................_._...................,..._......1.5 delivery oC_..._.............._.................. .......... 2A, 5A final Application for Paymen(................ 14.12-14.14 general._............................_.....,I.]0, 5.1-5.3, 5.11, _........._........ _................. 9.13, 10.5, 14.7.6 Performance, Payment and Other ... ............... 5.1-5.2 Bonds and Insurance --in general,,,,,_ ..........................5 Builder's risk "all-risk" policy form .................. ....... S.Ci,2 Cancellation Provisions, Insurance...,.,_ 5.4.11, 5.8, 5.15 Cash Allowances- .... ..........._... ..................... Certificate of Substantial Completion......., 1.38, 6.30.1.3. ....................._..... _........1... ... ,,... 14.8, 14, 10 Certificates of Inspection ................... 9.13.4, 13.5, 14,12 Certificates of Insurance,,,,,,,,,,,,, 2.7, 5.3, 5.4.11, 5A.13, .... _.................5.6.5, 5.8, 5.14, 9.13.4, 14,12 Change in Contract Price -- Cash Allowances..... _............... _...... _.............. 11.8 claim for price adjustment .... 4.1, 4,16, 4.5, 5.15, 6.8.2, 9.4 ............._.... 9.5, 9,11, 10.2, 10.5, 11.2, 13.9, ,,,,,,, 13.13, 13.14, 14.7, 15.A 15.5 CONTRACTOR's fee. _......................... 11.6 Cost of the Work general ........ _.... _... ...... _........ .... 11.4-11,7 Exclusions to,._..........................................1 1.5 Cost Records ............................. _.... _................ 11.7 in general_... _.,.,_. 1.19, 1.44, Al 1, 10.4.2, 10.4.3, 11 Lump Sum Pricing ............ .................. .......... Ih3.2 Notification of Surety,.,,.,,,,.,_.._ ................_..... 10.5 Scope of .................................................... 10.3-10.4 Testing and Inspection, Uncovering the Work ....................... _ ...... _ 13.9 F.]CDC GGNnRAL CONDITIONS 1910-811990 ED1'11 ON w/ al-Y OF PORT COLLINS MODIPICA'rIONS (REV 9/99) Unit Price Work-....._.................................119 Article or Paragraph Number Value of Work....._....._........._.. _....._....._....... 11 .3 Change in Contract Tintes-- Claim for times adjusnn ent..... 4.1, 4.2.6, 45, 5,15, ,,,_,_.... 6.S.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, _........ 1.1.113.9, 13,13, 13,14, 14.7, 15.1, 15.5 Contractual time limits ..................................... 12.2 Delays beyond CONTRACTOR'S control ... _..... ....... _. _...12.3 Delays beyond OWNER'S and CONTRACTOR'Ss control ........................ _,.,12.4 Notification of surety..._.............._................_..10.5 Scope of change...... _.. _.............. _............10.3-10.4 Change Orders-- AcceptanceofDefec(iveWork ................. ....... 13,13 Amending Contract Doculn en[s„_„..,., _.......,.,,, _ 3,5 Cash Allowances.........._ ................_.....,....._„ 11.8 Change of Contract Price...._,,,,,,,,,,,,, _........-,..„..I 1 Change of Contract Times ..... ,.,_.,... ,................... 12 Changes in the Work ......... .......... _............ ......._ 10 CONTRACTORS tee.._,..._ .............. _. _........ _,11.6 Cost of the Work.......... _.................._ _ _..,11.4-11.7 Cost Records....._...._......_ ..............._..... _....._11.7 definition of, 1.9 emergencies ............................... _........ .................. 6.23 ENGIM3ER's responsibility....... 9. 5, 10-4, 11.2, 12.1 execution of....__ ......................._.... _....._........10.4 Indemnil'fiction ..................... ,._6,12, 6.16, 6.31-6.33 Insurance, Bonds and ...................... 5,10, 5.13, 10.5 OWNER may terminate.............................152-15A OWNER's Responsibility ........... ....__.......... .6, 10.4 Physical Conditions -- Subsurface and....... _................... _..... _.........4.2 Underground Facilities-- .......... .................. Record Documents ......................... 6. 19 Scope of Change. ...... I ......... .... ................... 10.3-10.4 Substitutes........_..._ ...... .......... ._.......... 6. 7.3, 6.8.2 Unit Price Work..._ .......................................... 119 value of Work, covered by ............. .................. 11.3 Changes in the Work.................................................10 Notification of surely.., ...... ......................... ...... 10.5 OWNER'S and CONTRACT'OR's responsibilities..... .............................. _... 10.4 Right to an adjustment ...................................... 10.2 Scope of change.... ................................... 103-10A Claims -- against CONTRACTOR...... _....... _................ _.6.16 against ENGINEER ........... ......................... 6.32 against OW+NER...._...._................._........... _.. 6.32 Change of Contract Price. ......... .............. ?.4, 11.2 Change of Contract Times, ..... ........... .......9A, 12.1 CONTRACTORS .............41 7.1, 9.4, 9.5, 9,11, 10.2, ............. .............. 1L2, 11.9, 12.1, 13.9, 14.8, .......... ....... ....... .................. 15.1, 15.5, 17.3 CONTRACTOR'S Fee ....................................... 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work ....................................... 11.4, 11.5 Decisions on Disputes...,,, ........... ......... ... 9.11, 9.12 Dispute Resolution .............................. ............. l Ci.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor9. 11 Lump Sum Pricing......... _.............. _....... ........ 11.3.2 Notice off.__.. ....................................... ..17.3 OWNER'S„ ................. 9.4, 9.5, 9.11, 10.2, 11.2, 119 --- ...............12.1, 13.9, 13.13, 13.14, 173 OWNE,R's liability'..._.._................._...................5.5 OWNER may refuse to make payment ................ 14.7 Professional Fees and Court Costs Included.. _........... _.... _.......... _.................. 1.7.5 request for formal decision on............................9.11 Substitute Items_ ................. _.. _.......... _ _ _.. 6.7.1.2 Time I:istension........... _...................... _...:... _..,12.1 Tim e requirem eats... .................. _...... _.,9,11, 12.1 Unit Price Work.__...___.. _.__...._.... _...._....11.9.3 Valueof."_,....._._._......._ ..............__.. _......... 1.1.3 Waiver of --on Final Payment ................. 14.14, 14.15 Work Change Directive........................ _.,....102 written notice required,,,,,.... _.......... 9,11, 1 1 2, 12.1 Clarifications and Interpretations............ 3.6.3, 9A. 9.11 CleanSite .............._._............._...................._. _.6,17 Codes of Technical Society, Organization or Association Commencement of Contract Times, ..... - ... Communications -- general ........... ... ............. _..... .......... 6.2, 6.9.2, 9.1 Hazard Communication Programs.,,, _..,...... 6.22 Completion -- Final Application for Payment ........................ 14,12 Final Inspection.... _ ................................. _.....14.11 Final Payment and Acceptance ............... 14,13-14.14 Partial Utilization-- ...... I ............ ......... .......... 14.10 Substantial Completion ...... ...............L38, 14.8-14.9 Waiver of Claims . .......................................... 14,15 Computation of Times .............................. 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .................................. _......... _.. 6.8-0.11 Conferences -- initially acceptable schedules......_ ....................._ 29 preconsn'uctioq 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ................ _......,,2.5, 3.3.2 Construction, before starting by CONTRACTOR ............... _..............._......... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6A Continuing the Work.,.,,,,,., _................ __ _,.. 6.29, 10A Contract Docum ents-- Amendin€.... ...... .................................. _.... _.._..3.5 Bonds............I........................... _...................,5.1 13JODC GENERAL CONDITIONS 1910-S (1990 EDITION w/ GI]Y OF FORT COLLIN'S MODIFICATIONS (REV 9/99) Cash Allowances .........._... _........................ _.11.8 Article or Paragraph Nmnber Change of Contract Price._ ................................. I Change of Contract Times_ ........ _........ ,, ............ 12 Changes in the Work ............................... ..10A-]G.5 check and verify ....... ............................._.__.__2.5 Chu ifications and Interpretations. ........................ 3.2, 3.6, 9A, 9.11 definition of..__ .............. _......._............... _..._LIN ENGINEER as initial interpreter of,.,,... .......... 9.11 ENGINEER as OWNER'S representativc9.1 genera13 Insurance. ....... .............. ........ ...... _, 5.3 Intent....._.............._....._... _.................. _.3.1-3.4 minor variations in the Work ............................. 3.6 OWNFER's responsibility to furnish data ................ OWNER's responsibility to make prompt payment ......... ................ .3, 14.4, 14.13 precedence ........3. ........................................ 1, 3.3.3 Record Documents ...................___......_....... _..6. 19 Reference to Standards and Specifications of Technical Societies, _.. ............ 33 Related Woe k............... .............._.. ._... _............ 7.2 Reporting and Resolving Discrepancies.,..,.., 2.5, 3.3 Reuseof ........................................................... 3.7 Supplementing .................................... _............ 3.Ci Termination of ENGINEER'S Employment....,,.,., 8.2 Unit Price Work ... _.............. _... _..._... _........... 11.9 variations ..... ................ .................. .6, 6.23, 6.27 ... Visits to Site, ENGINEERs .................... ..... ..... 9.2 Contract Price-- adjusunent. of, . ..........3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of, ............ ............... ....... 11 Decision on Disputes........ _..... _.... _. _............. ). I1 definition of ......... _....................... _................ 1.11 Contract Times-- adjustmentof ............... ......._. 3.5, 4.1, 9.4, 10.3, 12 Change of....__ ..................................... _..12.1-12.4 Commencement of ., _. ................................ _...... 2.3 definition of........._.._ ..................................... 1.12 CONTRACTOR -- Acceptance of Insurance, .......... ...... 1- ....... 5.14 Communications..._.._ .............................. 6.2, 6.9.2 Continue Work ......................................... .29, 10A coordination and scheduling.....,.,, _........ _.......6..9.2 definition of ......................................... _...........1.13 Limited Reliance on Technical Data Authorized ....................................._.. 4.2.2 May Stop Work or 'Terminate ...... 15.5 . provide site access to others ........,..._.,.,,,,,, 7.2, 13.2 Safety and Protection ............... _.. 4.3.1.2, 6.16, 6.18, _....._................. 1...._.....6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Sulmtittal........_.............................. 6.25 NI Stop Work requirements .................................. 4.52 CONTRACTORS - Article or Paragraph Number Compensation,...... ....... _.............. ............11.1-11.2 Continuing Obligation ................................... 14.15 Defective Work .......... ..................... 9.6, 13.10-13.14 Duty to correct defective Work .............._.._ ..... 13.11 Duty to Report -- Changes in the Work caused by Ell, crgency _....__....... .... .... ........ _ 6.23 Defects in Work of Others,,.____ .................. 7.3 Differing conditions ................................... 42.3 Discrepancy in Documents,,.,_.. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated.,..,...,, 4.3.2 Em ergenci......................................... Equipment and Machinery Rental, Cost of the Work ... ,.......... .... :...... _...._.......... 11.4.5.3 Fee --Cost Plus .............. 1. 1111.4.5,6, 11.5.1, 11.6 General Warranty air([ Guarantee ............. _......... 6.30 Hazard Communication Programs ....................6,22 Indemnification .................. 6.12, 6.16, 6.31-6.33 Inspection of the Work _,,,, 1...1... 7.3, 13.4 Labor, Materials and Equipment .......... .......... 6.3-6.5 Laws and Regulations, Compliance by.,...,..,... 6.14.1 Liability Insu once.............................................. 5.4 Notice of Intent to Appeal ........................ 9,10, 10.4 obligation to perform and complete theWork ................_................__....... _.....6.30 Patent Fees and Royalties, paid for by ................ 6. 12 Perform once and Other Bonds ...........................„5.1 Permits, obtained and paid for by.._...................6.13 Progress Schedule ._............ 2.6, 2.8, 29, 6.6, .................... _...__...........,629, ]OA, 15.2.1 Request for formal decisionon disputes... ...9.11 Responsibilities -- Changes in the Work._ .................._..._....... 10.1 Concerning Subcontractors, Suppliers and Others6.8-6.11 Continuing the Work ........................... 0.29, 10A CONTRACTOR'S expense.,,,,,,,,,,,,,,,,_,...-. 6.7.1 CONTRACTOR's General Warranty and Guarantee...... _.......................... _.., 6.30 CONTRACTOR's review Prior to Shop Drawing or Sample submittal ................. 6,25 Coordination of Work ................. 6.9.2 Emergencies..................................... _........ 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items, ............................ 6.7.3 For Acts and Omissions of Others....._ ..................... 6.9.1-6.9.2, 9.13 for deductible amounts,insw once,,,,,,,,,,,,,,,,,,, 5.9 general.._....................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.,,,..._. 6.22 Indemnification„,,,, __........................16.31-6.33 1OCDC GENERAL CONDITIONS 191M (1990 EDITION) ad CI"CY OF PORT COLLINS MODIFICA'r10N8 (REV 9/99) Labor, Materials and Equipment ....... ,.,_ ... 6.3-6.5 Laws and Regulations.._ ..............._,,,,.,.....,. 6.14 Liability Insurance ................................... _„. 5.4 Article or Paragraph Number Notice of variation from Contract Documents.,. _............ _...... _..._........... 6.27 Patent Pees and Royalties ............................. 6.12 Pennits.......................................................6,13 Progress Schedule .... ,... _...__......... 6.6 IZecord Documents .................... .................... ... _.. 6.19 related Work performed prior to ENGINEER's approval of required subm ittals.................................. _. _....., 6.2R safe structural loading ................................. 6. 15 Safety and Protection .................... 6.20, 7.2, 132 Safety Representative...................................6.21 Scheduling the Worit. ........ 6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,__...... 6.24 Shop Drawings and Samples Review by ENGINEER ,-.. _..... _............... _...... 62(i Site Cleanliness .................. _....... _... _....... 6. 17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures ......................... _......... 6.7.2 Substitutes and "Or -Equal" Items, ,..... ,........ 6.7.1 Superintendence.. _ ....................................... 62 Supervision .................... _............. ................ .1 Survival of Obligations, _., ..... 6.34 Taxes ....._.................. ............................... 6.15 Tests and inspections,,, ........... ................. 13.5 ToReport .................... _...................,........... 2.5 use of Prom ises 6.1E-6.15, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal_ ............................__...... 6.25 Right to adjustment for changes in the Work,,.., 10.2 right to claim ............. , Zl, 9.4, 9.5, 9,11, 10.2,11.2. I.I...._. 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safely and Protection .................. Ci.20-6.22, T2, 13.2 Safety Representative ._............................._..... 6.21 Shop .Drawings and Samples Submittals ..... 6.24-6.28 Special Consultants,......,_,,,,,,.._..................111.4.4 Substitute Construction Methods and Procedures., 6.7 Substitute and "Or -Equal" Items, Expense .......... ...._.............. ............. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ........ _ 6.9-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 'Taxes, Payment by ............................. ._........... 6. 15 Use of Premises,....,..._ ....................._...... 6.16-6.18 Warranties and guarantees ......................... 6.5, 6,30 Warranty of Title _... _............. _.... _.... 14.3 Written Notice Required-- CONTRACTORstop Work or terminate..,.,., 15,5 Reports of Differing Subsurface and Physical Conditions.... ... .:............. 4.2.3 Substantial Completion ................ _.. _.. _...... 14.8 hii CONTRACTORS --other.. _.... _............. _....... _............ 7 Contractual Liability Insurance_ ..................._..... 5,4. 10 Contractual Time Limits ....._ _................ .................... 12.2 Article or Paragraph Number Coordination -- CONTRACTORS responsibility,........, ....................... 6.92 Copies of Docum ants................................... _......2.2 Correction Period.............................„.,,,.„._.......,13,12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1, 13.10-13.14 Acceptance ofDefective Work..... _ _............... . .13,13 Correction or Removal of Defective Work.................................6.3Q 13.11 Correction Period.............._......................_....13.12 OWNER May Correct Defective Work .............. 13.14 OWNER May Stop Work .. _......................... _..13.10 Cost -- of 'Tests and Inspections....... _........................ _..13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional, . .... ... .... _ _ 11A. 5.9 Cash Discounts..... F............._........_................11.4.2 CONTRACTOR'S ec ......... _...................... _.... 11.6 Employee Expenses 11 4,51 Exclusions to....... _. _................... _................. 11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages_...................._.............11.4.5.6 Materials and equipment ................... .....„_,__11.4,2 Minor expenses..... _....... _..... _.................... 11.4.5.8 Payroll costs on changes, ...... ,...... ,............ LLAA performed by Subcontractors,_ ............. ... ..... _.11.4.3 Recordsl1.7 Rentals of construction equipment and machinery ......... .............................. 11.4.5.3 Royalty payments, permits and license fees......._.___ ................__........ 1L,f5.5 Site office and temporary facilities ................ 11.4.5.2 Special Consultants, CONTRACTOR'S............ 11.4.4 Supplemental ........................... _._................. 11.4.5 Taxes related to the Work ............................... 11.4.5.4 Tests and Inspection .......................................... 13.4 Trade Discounts...... __....:.............................. 1 1.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ............................................... 13.E-13.7 Cumulative Remedies,,.,_....._ ........................ 17.4-17.5 Cutting, fitting and patching ..... ........................... T2 Data, to be furnished by OWNER ................. ........... u Day --definition of.......... _. _.. _........................ _...17.2.2 Decisions on Disputes ................. _............._.. 9I 1, 9.12 defective --definition oC................... _....,.,.. 1.14 defective Work -- Acceptance of ..... ................................. 10.4.1, 13,13 EICDC GENERAL CONDITIONS 1910-8 (1990 EDI HOOT) w/ CITY OF EOlfiCOLLIN'S MODIRCANONS (BEV 9/99) Correction or Removal of,,,,,,,, _,,,,,,,,,,,, 10.4.1, 13.11 Correction Period .................... ..... 13,12 in general ................ ......................... 13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER....................... ......._ 9.2 OWNER May Stop Work.. _. _....................... _, 13,10 Prompt Notice of Defects ................. 13.1 Rejecting.............. ....... ................... ......_.. ......... .6 Uncovering the Work,,,,_,_,,,,,,,,,,,,,,,,,,,,,,,,__.,. 13.5 Definitions 1 Delays ................ .............. ....... 4.1, 6.29, 12.3-12.4 Delivery of Bonds........ _......... _...... _.................. .......... 21 Delivery of certificates of insuranee,,,,,,,,,,,,,,,,„, _,,,,...2.7 Determinations for Unit Prices 910 Differing Subsurface or Physical Conditions-- Nolice oC........_..............._....................___.... 4.2.3 ENGMEER's Review........... _......................._ 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Tinges Adjustments,,,,,,,,,_,_ 4.2.6 Discrepancies -Reporting and Resolving ... ..... ............_..... 2.5, 3.3.2, 6,14.2 Dispute Resolution- -Agreementt.................................. _.......,... 16.1-16.6 Arbitration .......... _.............. _................... 16.1-165 genei2116 Mediation............ _. _.................... _. _.............. 16.6 Dispute Resolution Agrecm enl,,,,,,,,,,,,,,,,,,,,,,,,,, 161-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, 9.11-9.12 Documents -- CopiesoC..................... ............._.......................2.2 Record 6.19 Reuse of... _... -._3.7 Drawings -definition of ,,,,,,,, ,,,_„ 1,15 Easements _...... .._... 4.1 Effective dace of Agreement-- definition of,,,,,,,,,,,,,, 1.16 Emergencies .......................... __............................6.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, ................. definition of,,,,,,,,,,,,,,,,_..,...... 117 Limitations on authority and responsibilities.....9.13 Replacement of, ... ...,,,_...... ............................... E.2 Resident Project Representative..........__ ............. 9.3 ENGINEER's Consultant-- definition of ..................... 1.15 ENGINEER's-- authority and responsibility, limitations on,,,,,,,, 9,13 Authorized Variations in the Work,,,,,,,,,,,,,,,,,,,„9.5 Change Orders, responsibility for ....... 9.T 10, 11, 12 Clarifications and Interpretations ,............. 16.3, 9A Decisions on Disputes,,_ .......................... 9.11-9.12 defective Work, notice of, ........................ ._....... 13.1 Evaluation of Substitute Items 6,7.3 Liabilitv........................... _.-................ _. 6.32, 9.12 Notice Work is Acceptable ............................. _14.13 Observations_ ........................................... 6.30.2, 9.2 OWNER's Representative,,,,,, _„_.... _......... _.,,_....9.1 Payments to the CONTRACTOR, Responsibility for....._ ..............._. _..........9.9, 14 Recommendation of Payment .................... I4.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on„_,,,,___... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions......,,__,,,_.,,,__,.... 42A Strop Drawings and Samples, review responsibility_ ... _....... ...........__.._ 626 Status During Construction -- authorized variations in the Wor$95 Clarifications and Interpretations .............. 94 Decisions on Disputes,,,,,,,, ....-9,11-9.12 Determinations on Unit Price,,,,,,,,,,,,,,,,,,,,,,, 9,10 ENGINEER as Initial Interpreter,,,,,,,,, .......... ENGINEER's Responsibilities .... ....... 1.-, 9.1-9,12 Limitations on ENGINEER's Authority and Responsibilities ............................. 9,13 OW NTER's Representative.,,, _„_ ..... ...... . 9.1 ProjectRepresentative,_...._. ......_._.._, 9 .3 Re 1 gDefectine Work_ .. ....... ..... .._.... 9.6 Shop Drawings, Change Orders and Payments ........................ ............. ........9.7-9.9 Visits to Site.........................__._..............,..92 Unit Price determinations,,,,,,,,,,,,,, 910 Visits to Site...._........_..__................................9.2 Written consent required ..... ............... _......... .2, 9.1 Equipment, Labor, Materials and,,,,,,,,,,,,,,,,,,,,,,,, 6.3-6.5 Equipment rental, Cast of the Work 11.4.5.3 Equivalent Materials and Equipment, ..... .......... ......6.7 error or omissions,,,,,,, Evidence of Financial Arrangements 8.11 Explorations of physical conditions_, 4.2.1 Fee, CONTRACTOR's--Costs Plus,,,,,,,,,,,,,,,,,,,,,,,,,_ 11.6 Field Order -- definition of ... _........ _............................. _......, 1.19 issued by ENGINEER,........... _......,..... _.... 3.6.1, 9.5 Final Application for Paynnent................. ......._.._14,12 Final Inspection..__ ...................................... ................... 14.11 Final Paynnent-- , and Acceptance ...... ............................. .. 14,13-14.14 Prior to, for cash allovances 11.8 General Provisions ............... ............. .......... .... 17.3-17A General Requirements -- definition of. ........................ _............ ........ 1.20 Principal references to .............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice......... _............. _.......- .............. _... .., I T I Guarantee of Work --by CONTRACTOR,,,,,,,, 6.30, 14.12 Hazard Communication Programs„_,,,,,,,,,,,,,,,__,,, 6.22 Hazardous Waste - definition of,,,,,,,,,,,,,,_.................._........_......., 1.21 general........ ....._..................._......................... 4.5 OWNER's responsibility for...........................„$.10 EXEC GENERAL CONDMONS 1910-5 (1990 Frar10N) w/ a LY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6. 12, 6.16, 6,11-6.33 Initially Acceptable Schedules.,_ .............................29 Inspection -- Certificates of ............. ................ 9.13.4, 13.5, 14.12 Final............................... _.......... 14.11 Article or Paragraph Number Special, required byENGINEER 9.6 Tests and Approval 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER....., _ _.5,14 Additional, required by changes in the Work_................_.............._........11.4.5.9 Before starting the l4/ork........_................_........23 Bonds and --in general..._............„.......................5 Cancellation Provisions 5.8 Certificates of...................17, 5, 5.3, 5.4.11, 5.4.13, _.._n ....5.6.5, .5.8, 5.14, 9. 13.4, 14.12 completed operations rations-....,,_ .............._,._.......5.4.13 CONTRACTOR's Liability.... _. _............. _.... _....5.4 CONTRACTOR's objection to coverage ............. 5,14 Contractual Liability,....,.„_ . ........ .............. ...5.4.10 deductible amounts, CONTRACTOR'S responsibility.. _............................... _......... 5.9 Final Application for Payment. 12 Licensed Insurers_ ................ _..................._......5.3 Notice requirements, material changes......,, 5.8, 10.5 Option to Replace ......................_........ ............ 5.14 other special insurances........ _._................ _.....5,10 01VNER as fiduciary for insureds .............. 5,12-5.13 OWNER'S Liability ......... ............ ....................... 55 OW VER's Responsibility ............................ ....................... _.8.5 Partial Utilization, Property Insurance.,.,„.„._... 5.15 Property, ........ _... _........... _..... -... 5.6-5.1 n Receipt and Application of Insurance Proceeds ............... _............................. 5.12-5.13 Special Insurance ..................................... ....__5.10 Waiver of Rights .................._.......................... 5,11 Intent of Contract Docum cnts................... .. 3.1-3.4 Interpretations and Clarifications ....................3.6.3, 9.4 Investigations of physical conditions ..................... _.., 42 Labor, Materials and Equipment.........,_ .............. (,3-6.5 Lands -- and Easements ..............._.............._. _...............8A Availability of. ................... I ..... .... ............. 4. 1, 8.4 Reports and Tests......... _ .................................... 8.4 Laws and Regulations --Laws or Regulations-- Bonds......_..._...........................................5.1-52 Changes in the Work ......................... _............. 10.4 Contract Documents ...................._...,.., 3.1 CONTRACTOR'S Responsibilities,,, ......... ... 6.14 Correction Period,defective Work _....,.,., 13.12 Cost of the Work, taxes ............ ................... 11.4.5,4 definition of ..................................................... 1.22 general6.14 Indemnification. .................... ..................... 6.31-6.33 Insurance...... _.. _.............._ _........... _................5.3 Precedence._ ........................................... 3.1, 3.3.3 Referenceto.... _..... _......... _............... _........... 3.3.1 Safely and Protection 6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections .............. .................... Use of Premises ............................ _............ 6.16 Visits to Site ....................... ................................... 9.2 Liability Insurance-- CONTRACTOR's.._........................................... 5.4 OWNERS.............................................. _...........5.5 Licensed Sureties and Irrsm ers.„ ............................... 5.3 Liens -- Application for Progress Payment,,,,,,,,,,,,,,,,,,,,,, 14.2 CONTRACTOR's Warranty of Title ..... ............... 14,3 Final Application for Payment_ ............. ........... 14.12 definitionof ..................................... _..............1.2.3 Waiver of Claims .................... _.................. _..14.15 Limitations on ENGINEER's authority and responsibilities. _. _.............. ...... ....... ...... _..... _ 9.13 Limited Reliance by CONTRACTOR Author ized.................................. 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ......... ,..,,........... 4.12 Manuals (of others) -- Precedence................... _.................... _........,3.3.3.1 Reference to in Contract Documents_...............3.3.1 Materials and equipment -- furnished by CONTRACTOR ....................... ... _ 6.3 not incorporated in Work ............. _............... ....14.2 Materials or equipment--equivalc4.... ...... ...__,_. 6.7 Mediation (Optional),....... ....... ,,__,... .................. 16.7 Milestones --definition of., ....... .,,_,,,,,,,..,„_,,,,._.. _. 1.24 Miscellaneous -- Computation of Times _....... _..... _. _..... ....... _. 17,2 Cumulative Remedies.., .... ....... ............. 17.4 Giving Notice., ...... _..... __................................ 17.1 Notice of Claim .............. _. _.. _... _...... _..... _......17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts,, _.............. ............. _. 7 Not Shown or Indicated- 4.3.2 Notice of -- Acceptability of Project ............ ..................... .., 14.13 Award, definition of ......................................... 1.25 Defeets,13.1 Differing Subsurface or Physical Conditions....,. 4.23 Giving............................................................ 17.1 'rests and Inspections....,,, 13.3 Variation, Shop Drawing and Sample,,,,,,,,,,,,,,,,, 6 27 Notice to Proceed -- definition of ......................._.............._.........,1,.26 giving of... 2.3 HJCDC GENERAL CONDITIONS 1910-8 (1990 CDI'ITON) W/ CI]'Y OF FORT COLLIN'S MODIFICATIONS (REV 9/99) Notification to Surety...... _............. _...,................... 10,5 Observations, by ENGINEER ......................1.... 6.30, 9.2 Occupancy of the Work........ 5.15, 6.30.2.4, 14.10 Omissions or acts by CON'TRACTOR_.,.._.,,,,_ 6.9, 9.13 Open Peril policy form, Insurance .......... ............ .... 5.6.2 Option to Replace.... _... _............................ _..... _... 5.14 Article or Paragraph Number "Or Equal" Items .............._. ................................. 6.7 Other work 7 Overtime Work --prohibition of... _.................. _........ . 63 OWNIEP, Acceptance ofdefective Work .......... ,_.............13.13 appoint an ENGINEER.._. ...... I ........................... 8.2 as fiduciary ...................... ......................... 5,12-5,13 Availability of Lands, responsibility......_,,,___..... 4.1 definition of ......................................................1.27 data, furnish ........................................ _...'....__8.3 May Correct Defective Wm ...................... .... 13.14 May refuse to make payment..............................1,4.7 May Stop the Work.......................................... 6,10 May Suspend Work, Terminate 8.8, 13.10, 15.1-15.4 Payment, make prompt _........ . _.. _ _, 8.3, 14.4, 14.13 performance of other work....... _.........:............... 7.1 permits and licenses, t'eguirements ... .................{).13 purchased insurance requirem ents................ 5.6-5.10 OWNER's-- Acceptance of the \pork:...... _.. _..................6.30.2.5 Change Orders, obligation to execute ... ,....... .6, 10.4 Communications ................................................. 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision— . .. ............ ........ 9. 11 Inspections, tests and approvals,,,,,,,,,,,, 8.7, 13.4 Liability Insurance ..._...................................... 5.5 Notice of Defects ..... ................_,_....,,,__.,__ 13.1 Representative --During Construction, ENGINEER'S Status.., .... _..._................ 9.1 Responsibilities -- Asbestos, PCBs, Petrolewn, Ilazardous Waste or Radioactive Material ................. 8,10 Change Orders ............. _..... _............... _......8.6 Changes in the Work ...................................10.1 communications ............................................ 8.1 CONTRACTOR's responsibilities ................... 8.9 evidence of financial arrangements................8.11 inspections, tests and approvals ............... _... 8.7 insurance ....................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by ........................................ 8.3 replacement of ENGINEER ........................... 8.2 reports and tests ................................__._..... 8.4 stop or suspend Work„............._8.8, 13.10, 15.1 terminate CONIRACTOR's services..._ ................................ _... 8.8, 15.2 separate representative at site .... ......................... .3 testing, independent ....... .................................. 13.4 use or occupancy of the Work ......................... 5,15, 630.2.4, 14.10 written consent or approval required .... ..................... ............... 9.1, 6.3, 11A E1CDC GENERAL COND11IONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........ ....... ......... 7.1, 9.4, 9,11, _................._............... 112, 11,9. 14.7, 15.4 PCBs -- definition of.........._ ..................._....._............. 1.29 general.... ................................................. _......4.5 OWNER's responsibility for.................................10 Partial Utilization - definition of ............... _.................. _................ 1.25 genera1630.2.4, 14.10 Property Insurance ............... _... _. _. _................. 5.15 Patent Pees and Royalties ......... ....... ................... ..... .12 Payment Bonds............_ ......................... _..........5. 1-5.2 Payments, Recommendation of .............. 7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments .................... .. 14.2 CONTRACTOR'S warranty of Title ............... 14.3 Final Application for Payment....,,.,,,,_ .............14,12 Firm I Inspection........ _. _.... _....... _... ... . ............ 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14,14 general ............. ........ ........... .... ...__. S3, 14 Partial Utilization.,,. _., _ _.. _..,...... __.,. _ _ _,.....,14.10 Relainage_.................... _. _. _.......... _...... _.. _...14.2 Review of Applications for Progress Payments................................14.4-14.7 prompt payment ................................. _........ _..... $.3 Schedule of Values ................. _......................... 14.1 Substantial Completion .................... ......... Waiver of Claims ................__._..................... 14,15 when payments clue........,. _. _...... _......... 14.4, 14,13 withholding payment_.._ ........ Performance Bonds..... ... ....... ........... 5.1-5.2 Permits ., 6.13 Petroleum -- definition of ................_...... _......___..__..__... 1.30 general........ ........................................... OWNF,R's responsibility for .......................... 5. 10 Physical Conditions -- Drawings of, in of relating to ......................... .2.1.2 13NGINEER's review ................_...................... 4.2.4 existing structures ......... ... ..... .,............. ,,,,,,,,,, 4.22 general 4.2.1.2................................................ Notice of Differing Subsurface or.......................42.3 Possible Contract Documents Change,,,,,,,,,,,,,,, 425 Possible Price and Times Adjustments .............. 4.26 Reports and Drawings ..................................... 4.2.1 Subsurface and ,._...._............ ......__.._....._.....,,,. 4.2 Subsurface Conditions., ................... .. .......... 4.2. 1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ......................... 4.2.2 Underground Facilities - general........................................................4.3 Not Shown or Indicacd ................................ 4.3.2 Protection of . _. _.............. _...... _......... 4.3, 6.20 xii Article or Paragraph Number Shown or Indicated... _.. _.. _....... _....................... _. 4.3.1 Technical Data. ................. .............._..._... I.... 4.2.2 Preconstruction Conference ...................................... ...2.6 Preliminary Matters... _......... ...... ......_.. .... Preliminary Schedules- ..................2 2.6 Premises, Use of. 6. 16-0.13 Price, Change of Contract ........................................... I 1 Price, Contract --definition of _.,.............._ 1.11 Progress Payment, Applications for ...................... 14.2 Progress Payment--retainage_...... _........ ... .... _ 14.2 Progress schedule, CONTRACTOR's,,.12.6, 2.5, 2.9, .... I..... I ............ ........ 6.6, 6.29, 10.4, 15.2.1 Project --definition of ............................................... 131 Project Representative - ENGINEERS Status During Construction ............. 9.3 Project Representative, Resident --definition of......... 1.33 prompt payment byOWNER ............ ......................... 8.3 property Insurance - Additional.................................................. _.....5.7 genera15.6-5. 10 Partial Utilization... _.... _...... _............. 5] 5, 14.102 receipt and application of proceeds,.,._,,,,,., 5.12-5,13 Protection, Safety and ............ ............. ..... (>,20-6.21, 132 Punch list ...................__........................_._._... 14.11 Radioactive Material-- defintion of ...................... _. _.......................... 1.32 general4.5 OWNER's responsibility for. ........ ......................8.10 Recommendation of Payment._- .............14.4, 14.5, 14,13 Record Documents ....... .............................. . A9, 14.12 Records, procedures for maintaining ......... .............. ,.2.8 Reference Points, ,,,,,,,,,,,,,,,,, ............. .......4A Reference to Standards and Specifications of Technical Societies .................... _...... _.. _.......3.3 Regulations, Laws and (or)_ _.... ...... ........................ 6,14 Rejecting Defective Work,,,,,,.._._ .......................................... 9.6 Related Work -- atSite................................__..................,.7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ..................... 6.2R Remedies, cumulative.,,,,,,....._ ........................ 17.4, 17.5 Removal or Correction ofDefeclive Work ................ 13.11 rental agreements, OWNER approval required .... I I A.5.3 replacement of ENGINEER, by OWNLIZ.................... E.2 Reporting and Resolving Discrepancies...._................._...._.2.5, 3.32, 6,14.2 Reports -- and Drawings ..................................... .... ..... .... .2A and Tests, OWNER'S responsibility .... .......... _...,,$A Resident and Project Representative -- definition nf..................................................... 1.33 provision for ..................................... ._......_............ 9.3 87CDC GENERAL. CONDITIONS 1910-9 (1990 LDIIION) w/ CfrY OF FORT COLLIN'S MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONIRACTOR's............... 6.2 Responsibilities-- CONTRACTOR's-in general..................................6 ENGINEER's-in general ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_9 Limitations on.- _._............_9. 13 OWNER's-in general .............................. _..._8 Retamage ...... ......... 14.2 Reuse of Docum ems, ....... _ .....__._ ...... ....... _... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments_................14.4-14.7 Right to an adjustment......_ ....................... I ... ..... 1.1.10.2 Rightsof Way........ _.... .................................. .... _....4.1 Royalties, Patent Fees and ....................................... 6.12 Safe Structural Loading ............ ............ .........._...... 6. 18 Safety -- and Protection......, I ........................ 4.3.2, 6.16, 6,18, ...__.............__.............6.20-6.21, 7.2, 13.2 general . _....... _..... _.................. _.... _....... 6.20-6.23 Representative, CONTRACTOR's...................... 6.21 Samples -- definition of .................._....._.......................... 1.34 general .............._.................................... 6.24-628 Review by CONfRACT072 ............................... 6.25 Review by ENGINEER, C 27 related Work...__.._ ......................................... 6.28 submittal of 6.24.2 submittal procedures._.......................................6.25 Schedule of progress ......... _..................2.6, 2.8-2.9, 6.6, ._.__..._ .........................._G29, 10.4, 152.1 Schedule of Shop Drawing and Sample Submittals ... ........... ................ 2.6, 2.5-2.9, 6.24-6.25 Schedule of Values....___.................._2.6, 2.8-2.9, 14.1 5cltcdules-- Adherence to ................................................... 152.1 Adjusting ..... _...._. ___......_............__6.6 Change of Contract Times...... ..... _........... _......10.4 Initially Acceptable.................................. 2.8, 2.9 Preliminary.............................. _. _.... _.......... 2.6 Scope of Changes... _.. _..... _.......................10.3-10.4 Subsurface Conditions ........................................ .4.2.1.1 Shop Drawings -- and Samples, general ................................ ...... Change Orders &s Applications for Payments, and_ ... -... .._...... _................9.7-99 definition of ........................_............_......_..... 1.35 ENGINEER's approval of__ ........................ __162 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work ...................................................... 6.28 review procedure's .................._.. ...... 2.8, 6,24-6.28 Article or Paragraph Number submittal required ....................... ........_.............. 6.24.1 Submittal Procedures..._ ................................... 6.25 use to approve substitutions.._ .......................... 6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access ......................... _..... _...... .... 7.2, 13.2 Site Cleanliness ........................................................ 6.17 Site, Visitsto-- byENGINEER..... _..... .... ..... ......... .... ..... 9.2, 13.2 by others _.... ..... ....... ....... .__...___..132 "special causes of loss" policy form, insurance 5.6.2 definition of.,_,.,......._...._.._ ............. _........... 1.36 Specifications-- defination o1............... _.......... _.................... _.. 1,36 of Technical Societies, reference to ................... 3.3.1 precedence ......... ........ _.. .... _... _. 3.3.3 Standards and Specifications of Technical Societies _... _... _................ 3.3 Starting Construction, Before........... _.......... ......... 2.5-2.8 Starting the Work-...._....,._.___......._.._...... _.... _.....'2.4 Stop or Suspend Work -- by CONTRACTOR ... ................ ............ ..._ .... ... 15.5 by OWNER. ........................... .._.... 8.8, 13.10, 15.1 Storage of materials and equipment ..................... 41, 7.2 Structural LOSdinu, Safety ................................_..._ 6,18 Subcontractorr-- Concerning............................................. ................................. 6.8-6.11 definition of 1.37 delays............................................................12.3 waiver of rights .... ........................... ............... .6. 11 Sulxontraclbrs--in general_ .... .......... ...._....._._6.8-6.11 Subcontracts --required provisions........ 3. 11, 6.11. 11,43 Sabin ittals-- Applications for Payment... .......................... _ 14.2 Maintenance and Operation Manuals ... _.... ...... 14.12 Procedures ........................................................ 6.25 Progress Schedules .................................. _.,2.6, 29 Samples .............................................. .....6.24-6.28 Schedule of Values ..................................... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions.._.................................2.6, 2.5-2.9 Shop Drawings .............. _........................ 6.24-6.28 Substantial Completion -- certification of ............................6,.30.23, 14.8-14.9 definition of ......................._..................._....... 1,38 Substitute Construction Methods or Procedures6.7.2 Substitutes and "Or Equal". Items ............................. 6.7 CONTRACTOR's Expense.._....,_ ................. 6.7.1.3 ENGINEER's Evaluation ................................. 6.7.3 "Or -Equal"..,.......................... ......................6.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910.3 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. SHARED SAVINGS CLAUSE. Should a new way of constructing any portion of the Project be discovered that involves a substantial savings, Shared Savings may be applied. The shared savings proposal must involve modifying the means, methods and/or the materials used without impacting the quality of the project. After receiving approval from the Design Engineer, the construction team shall submit their proposal to the review Committee. This committee will be comprised of the Senior Utilities Engineer, the Utility Senior Buyer, and the contractor's General Manager. If the change is approved, a Change Order will be processed documenting the change(s) to the Contract. As per the Contractor's Proposal, Seventy-five (75) percent of the savings shall belong to the City while twenty-five (25) percent of the savings shall belong to the Contractor. This Paragraph 5, Shared Savings Clause, supersedes and will take president over the Shared Savings Clause contained in the Master Agreement dated December 6, 2004. 6. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Four (4) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (fifteen) days of the date of this Notice of Award, that is, by April 10, 2008. A. You must deliver to OWNER four (4) fully -executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR'S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated December 6, 2004 and the NOTICE OF AWARD dated December 31, 2008 between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: Gpyney Construction By. ` W Name:C> nres .on CIPO WO#2 — RFM & Kane Pondsg®� t�a1 Ga February 2008 00525-2 Dater Title: Work Order, Notice of Award and Bid Schedule Article or Paragraph Number or Procedures Substitute Items .......................................... .. . 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relathg to,,,,,,,,_,,,,,,,,,, 4.2.1.2 ENGINEER'S Review ...............„_................... 4.2A general ....4.2 Limited Reliance by CONTRACTOR Authorized..........._.... .._........._............4.22 Notice of Differing Subsurface or Physical Conditions.,,,,,,,,„.„_,_,,,,,,,,„_.......... 4.2.3 Physical Conditions,,,,,,.,,,„„__...................4.2. 12 Possible Contract Docten ants Change,,,,,,,,,,,,,,, 4.25 Possible Price and Tim es Adjuslm ants............ 42.6 Reports and Drawings .................................... 42.1 Subsurface and;....................................... 42 Subsurface Conditions at the Siu4,11.1 Technical Data,, ..... .... ...... ............. 4.2.2 Supervision— CONTRACf OR's responsibility,,,,,,, _ ,,, _, _„„„ 6x L OWNER shall not supery ise, _ _„89 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence..... _........ _.............................. ... .. ..62 Superintendent, CONTRACTOR's resident,,,_, ...... _,6.2 Supplemental costs .................. _.,........................ I lA5 Supplementary Conditions-- definition of ................... _. _. _............. _........... 1.39 principal references to,,,,,,,,,,,,,,,„1.10, 1.18, 2.2, 2.7, .............._.. .... 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .................>.11, 6.8, 6,13, 7.4, 2.11, 93, 9,10 Supplementing Contract Documents,,,,,,,,,,„„____,,, 3.6 Supplier-- definitionof .............. .. principal references to.,,,,,_,,,_,,i.7, 65, 6.8-6.11, 620, .......Ri...... ....... _................ 6.24, 9.13, 14,12 Waiver of tss gh.................... _. _._..........,__.._ 6.11 Surety -- consent to final payment,,,,,,,,,„„__,_„„ 14A2, 14.14 ENGINEER. has no duty to ................................ 9.13 Notification of,,,,,,, I ..... I...... 10.1, 10.5, 15.2 qualification ol......................_...._............... 5.1-5.3 Survival of Obligations 6.34 Suspend Work, OWNER May ....................... 13.10, 15.1 Suspension of Work and Termination--,,,,_„,,,,,,,,,,,,,,, 15 CONTRACTOR May Stop Work or T'ernt inale. ... I........... _................. _ J 5.5 OWNER May Suspend Work,,. ......... ................. 5.1 OWNER May Terminate ...........................15.2-15.4 Taxes --Payment by CONTRACTOR,,,,,,,,_ .............. 6.15 'technical Data -- Limited Reliance by CONTRACTOR,,,,,,,,,,,,,,,,, 4.2.2 Possible Price and Times Adjustments,,,,,,,, 4.2.6 Reports of Differing Subsurface and Physical Conditions,,,,,, .......................... 4.2.3 xiv Temporary construction facilities.,,,,,,,,,,,,,,,,,,,,,,,,,,,„ 4.1 Article or Paragraph Number Termination -- by CONTRACTOR ... ............. I ...... .- ...... .,......... 15.5 by OWNER . ... ....... ............................. 8.8, 15.1-15.4 _ of ENGINEER's employment..... ........ _.... _............ _..9.2 Suspension of Work-in general ...... ...................... 15 Terms and Adjectives,.. _....... _..................... Tests and Inspections -- Access to the Work, by others,,,,,,,,__,,,___. 13.2 CONTRACTOR's responsibilities,,,,, cost of 13A covering Work prior to_ ............................ 13.6-13.7 Laws and Regulations(or) ............... ............... _ 13.5 Notice of Defects.......i...... _... _..... _..-................ 13.1 OWNER May Stop Wcrk....................... I... I....113.10 OWNEWs independent testing,,,,,,,,,,,,,,,,,,,,_ 13,4 special, required by ENGINELR 9,6 timely notice required,,,,,,,,,,,,,,, 6A Uncovering the Work, at ENGINE.ER's request_. _.. _........ ... _. _..... __.. _.... _... 13. 5-13.9 Times-- Adjusting......................................... _................6.6 Change of Conti act._....................._...._...........,,12 Computation of.........._.._._...-_ .......................17.2 Contract Times --definition of,,,,,,, ............. 1.12 clay........... ....................................... DrilestoneS....... _. _............... _........ _.... _..........,.. 12 Requirements - appeals._ ....... ......................____......... 9.10, 16 clarifications, claims and disputes,, .... ...... ... 9.11, 11.2, 12 Commencement of Contract Times 23 Preconstruction Conference 18 schedules..... _...................... _....... _. 2.6, 2.9, 6.6 Starting the Work ... _._........ 2.4 Title, Warranty of .......... ._........................... ........... 143 Uncovering Work, ... I-— ...... I............ I .......... ..__ 13,8-13.9 Underground Facilities, Physical Conditions -- definition of, .............. ...._................_.._......... 1. 41 Not Shown or Indicated ................................... 4.3.2 protection of ......... ........ .................. ..........43, 6.20 Shown or Indicated,,,,,,_.... 43A Unit Price Work -- claims..............__....._._......................... .... 1.1.93 definition of ....................... _.............. . 1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for.........._.,._............................9.10 Use of Prem ices,,,,,,,, _,,, _,,, _,,,,.-_, 6.16, 6,18, 6,30.2.4 Utility owners,,,,,,,,,,,,,,,,, 1.,........ 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial,,,,,,,,,,,,,,,,,,, 1.28, 5.15, 6.30.2.4, 14, 10 Value of the Work....... _..._.................._.............. _. 11.3 Values, Schedule of 2.6, 2.8-2.9, 14.1 F1CDC Or`NFRA1- CONDITIONS I910-8 (1990 EDI rION) w/ CITY OP FOR]COLLINS MODIFICATIONS (RF.V 9199) Variations in Work --Minor Authorized., .................... .................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER..._ ..................._.__..., 9,2 Waiver of Claims --on Final Payment..,,, ............. ,... 14,15 Waiver of Rights by insured parties ..................5.11. 6.1 I Warranty and Guarantee, General --by CONTRACTOR ................................... _.......... 6.30 Warranty of Title, CONTRACTORS........................1.4.3 Work -- Accessto_..........._.........__._........ _................. 13.2 byothers,........ _...................... _.............. _............ 7 Changes in the .................. ................... _........ 10 Continuing the .. .............................................. 6,29 CONTRACTOR May Stop Work or Term inate, 15.5 Coordination of ....................._.......... _.............. 7.4 Cost of the,........ _... _.............._. _.............11.4-11.5 definition oF_._.........................._.................... 1.43 neglected by CONTRACTOR,,,,,_ .................... 13,14 other Work..........___.._............__._.....___.........7 OWNER May Stop Work...........„ .... ........ _..... 13.10 OWNER May Suspend Work ................ .. 13,10, 15A Related, Work at Site .............. ,.,_...... . .......... 7.1-7.3 Starting the, _.. .... I............_........... ....................2.4 Stopping by CONTRACTOR ................. ............ ] 5.5 Stopping by OWNER._.._ ...... .......... ....... ....1i1-15.4 Variation and deviation authorized, mino,.... ...... 3.6 Work Change Directive -- claims pursuant to ......................... ..._....._.. 10.2 definition of ........................_._..__................_ _.... 1.44 principal references to ..................... 3.5.3, 10.1-10.2 Written Amendment -- definition of.,....__...___.__... _..................__. 1,45 principal references to.......,., I.10, 3.5, 5.10. 5.12, ....... 6.6.2, 6.5.2, 6.19, 10.1, 10.4, ............................11.2, 12.1, 13.12.2, 14.7. 2 Whitten Clarifications and Interpretations ............._............ ....... 3.6.3, 9A, 9,11 Written Notice Required -- by CONTRACTOR ........................ _.. 7.1, 9.10-9,11, ......................._.................. 10.4, 11.2, 12.1 by R... I... I ............. .10-9.11, IOA, 112, 13.14 xv E7CDC GENERAL CONDITIONS 1910.8 (1990 EDIIIOI� w/ CITY OF FOR'r COLLINS MODIFICA'110NS (REV 9/99) (This page left blank intentionally) xN EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITIW) W CPIY OF FOk'P COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1--DEMITIONS Wherever used in these General Conditions m in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opetune of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —'The written contract between OWNER and CONTRACTOR covering the Work to to performed; other Contract Documents are attached to the Agreement and made a partthereof as provided therein. 1.3. Application Jor Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompaniecl by such supporting documentation as is required by the Contract Documents. 1.4, Asbesio.s--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 Safety and Health Administration. 1.5. Bid —'The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for lire Work to be performed. 1.6. Bidding Documents —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). LT Bidciarg Regeirenrents--The advertisement or invitation to Bic], instructions to bidders, and the Bid form, LS. Bonds —Performance and Payment bonds and other instruments of security. 1.9, Change Order —A documentrecommended 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 of the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents-1 he Agreement, Addenda (which pertain to the Contract Documents), CONTRAC'TOR's Bid (including dociumentation accompanying the Bid and any post Bid docurentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EKDC GENERA, CONDMONS 1910-8 (19901'Ation) w/ CITY OF FORT COLLINS MODIFICATIONS OUFW 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and EN'GINEER's written interpretations and clarifications issued pursuantto paragraphs 3,5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings refened to in paragraphs 4 2.1 and 4.2.2 are not Contract Documents. 1.11. 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 provisions of paragraph 1 1.9.1 in the case of Unit Bice Work). 1,12, Contract Times —The numbers of clays or the &aces stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final praymeht as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13, CONTRACTOR -=The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14, defective —An adjective which when ntpdifyuig the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not eonfomi to Ilre Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGRNF.,ER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in aeeoi chmce with paragraph 14.8 or 14.10). 1.15. Drawings -=The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings ate not Drawings as so defined. 1,16. E/%cfive Dale of the Agreement -=The dale indicated in the Agreement on which it becomes effective, but if no such (late is indicated it means the elate on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.15, ENGINEER'' Consaltaw -A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate of consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19, Field Order --A written order issued by ENGINEER which orders minor changes in die Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20, General Regunenments—Sections of Division 1 of the Specifications. 1,21. Hazardous Waste-=rhe term Hazardous Waste shall have the meaning provided in Section 1004 of the Sell(] Waste Disposal Act (42 USC Section 6903) as amended front tint e to time. 1.22.a. Loans and Regulations; Laws of, Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all govenuncoml bocbes, agencies, authorities and courts having jurisdiction. 1_22b. Legal Holidays --shall be these holidays observed by the CWgf Foi t Collins. 1.23. Liens --Liens, charges, security interests of encumbrances upon real property or personal property. 1.24. Af$estone--A. principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Ahard--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, withut the true specified, OWNER will sign and deliver the Agreement. 1,26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the (late on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Csmtract Documents. 1.27, 0bi4VE1?—The public body or authority, corporation, association, fine or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Paeial Utilization --Use by OWNER of a substantially completed pan of the Work for the pmlxase for which it is untended (or a related purpose) prior to Substantial Completion of ad the Work. 1.29. PCBs —Polychlorinated biphenyls 1.:30. Petroleum --Petroleum, including crude oil or any fraction 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 mixed with other non -Hazardous Wastes and crude oils. 1.31, Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a pan as indicated elsewhere in the Contract Documents. 1.32.9. Radioactive A4atendal--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of P.JCDC OCNGRAL CONDITIONS 1910-8 (1990 rd u"u tv/ CITY Or FORT COLLINS MODI I'ICATIONS OtrV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32h. Regular Nlorking Flours --Regular working hours are defined _ as Genas to 6:00pm unless_ otherwise speei ..Cm the Gen re al Requirements, 1.33- Resident Project Representative —The authorized representative of ENGINEER who may be assigned to die site or any part thereof. 1.34. Sampler —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. 1.35. Sinop Doi ring.s--AII drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTMACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. SPeeicationr—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, constrction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37, Subcontractor --An individual, film or corporation having a direct contract with CON'TRAC'FOR or with any other Subcontractor for the performance of a pan of the Work at the site. 1.38. Snbstaimal Completion --The Work (or a specified pert thereof) has progressed to the point where, al the opinion of ENGINEER as evidenced by LNGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that tie Work (or specified tram) can be utilized for the purposes for which it is intendecl; or if 110 such certificate is issued, when the Work is complete and ready for final paynnent as evidenced by ENGINErR's written recommendation of final payment in accordance with paragraph 14.13. 'fhe terms "substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplennenlmy Conditions —The part of the Contract Documents which arnencis or supplements these General Conditions. 1,40. 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 incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undargromnd Racilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachnents, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum noduets, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit PNce Ircak-Work to be laid for on the basis of unit prices. 1.43. [Fork -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into tine construction, and perfonning or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44, Wtnk Change Direefive--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 addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be perforated as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tunes as provided inparagraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the noncnglneering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Deliroy ofBonels: 2.1. When CONTRACTOR delivers the executed Agvennenls to OWNER, CONTRACTOR shall also deliver to OWNER. such Bonds as CONTRACTOR may be required to lhrnish in accordance with paragraph 5.1. Copies o fDocuments: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at tine cost of reproduction. C•o/amencenrenf of Contract Times; Notice to Proceed 23. The Contract Times will commence to run on the thirtieth (lay after the Effective Date of the Agreement, or, IUMC GEWRAL CONDITIONS 1910-s (1990 Edition) w/ CITY OF FORT COLLINS MODIFICA'rioNs (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement---Fn-no--Ewont-wi44-Eye--(�ontrasi-=Lin»s ee�mvtee-te-rgrrlater-iyen-th., �:�„i-d�-aRery of Bid opening-or-thethntieth-clay afteHhe$4Teetiv�Daie of the�greemeniDsdueyevar�Jate-is-ear-lieu Stating tke Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be clone at the site prior to the date on which the Contract Times commence to run. Be fore Sailing Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements, CONTRACTOR shall promptly report in writing to ENGIDIEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRAC'TOI2 knew or reasonably should have known thereof 2.6, Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2 a preliminary schedule of Shop Drawing and Sample submittals which will listeach required submittal and the limes for submitting, reviewing and Processing such submittal; 2,621 In no case %gill_a schedule__lw acceptable which allows less than 21 calendar clams for each review by Engineer, 2.6.3. A preluinary schedule of values for all of the Work which will include quantities and prices of items aggregating tine Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Suchprices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is slatted, CONTRACTOR and -OWNER shall each deliver to the other Olr%TER, with copies to each -additional -insured idemified-in 11104uppletmenmry-Conditions ENGINEER, certificates of insurance (and other evidence of insurance wl3isFr-eithcx-of—tlret�r—or--ary�—additional—insured--ixay reasenaFily--regeest requested by OWN�Z) which CONTRACTOR-OrI4 ,"� n"�:,P�-r�-speetively-are is required to purchase and maintain in accordance with paragraphs 5.4, 5band 5-7. Preeoustruetion Conference: .2.8, Within twenty days after the Contract Times start to run, but before any 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 2.6, pioceslm-es for handling Shop Drawings and other submittals processing Applications for Payment and maintainingicquireslrecords. laitially Acceptable Scherinles: 2.9. Unless otherwise provided in the Contract Documents, at-leasHen-days-before-stabmissioi-of-11w, first :4pp4iention c-.ter-Ivnenrt before any work at the sitebegins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate desio t_ al test by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with prragraph2.6. and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules, No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement fo' reviewing and processing the requires) submittals CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCC TENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contmet 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 all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to ME)C GENERAL CONDITIONS 1910-8 (1990 Editko) 'WO FY OF FORT COLLINS MODIFICATIONS OT-V 411000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract. Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or Gom prevailing custom or trade usage as being required to produce the intended result will be furnished and perforated 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 orequipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to 5laulaiels' and Speeifieation.v of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any govermnental 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 tun e of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the peifo"mance of the Work, CONTRACTOR discovers any conflict, error, ambiguity of discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Wok or of any such standard, specification, minuet of code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, anal, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as aulhonwd by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issues) by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicates) in p2rigraph3.5 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 any such standard, specification, manual, code or instruction (whether or not specifically incognornted 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 Wort: (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, 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 shalt it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duly or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9,13 or any other provision of the Contract 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 are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of pike effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in 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 tenn or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or directthe furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. ArnearGhg anal Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) mv/ CITY OF FORT COLLINS MODIFICATIONS ORiiv 4i200D) 3,5,3. a Work Change Directive (pursuant to paragraph 10,1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 4.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's wiitten interpretation or clarification (pursuant to paragraph 9.4). Reuse aj'Docruuents: 3.7. CONTRACTOR, and anv Subcontractor or Supplier or other person or organization performing or finishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any fhereol) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (it) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER, ARTICLE 4--AVAILAIIILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFLRENCE POINTS Availability ojLands: 4.1. OWNER shall famish, as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rights -of -way and easements for access thereto, and such other- lands which are designated for the use of CONTRACTOR L3peAreasoAab!c ,,�--�uesF, statement-af--reeer<a-legal-tide-ancl-IegaF-descripFien-eFt#R! 'laAds-open-ivFxsk--t#a„ `31:;�-.� a.-1>e-purfenued--and C�l4FER's-interes6-WnreiA-as-neeessArq-fen-giving-notice eT-Hr—Ail ;:ihnnius--{ien--agmnst,-suels hnt(s-in ac�erdaAec—with--try3prltaable—I a .T and --Rehr, O\WNE,R shall identify may 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 pcmtanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to truce 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 OlANER's fumishing these lands, rights -of - way or casements, CONTRACTOR may make a claim therefor as provided in Articles I I 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. 4.1 Subsu�fireeandloliysical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identifiuntion of. 4.2.1.1_ Subsurface 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 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical calla" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and .satety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, m 4.2.23. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Dipring Substface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed 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 4.21 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in tlne Conh'act Docannents, or 4.233. differs materially from that shown or e1CDC GENERAI. CONDITIONS 1910-8 (1990 rdnan ov CITY OF FOR r COLWNS MODIFICATIONS (RF;V 4i2000) indicated in the Contract Documents, or 4.2.3,4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, txxn" Vy immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6 23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2A. rNGINR'ER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: It' ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 42.3, a Work Change Directive or a Change Order will he issuer) as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Timer Adjustmenls.• An equitable adjustment in the Contract Price or in the Contract T'innes, m both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR:s cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.23,1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents Pursuant to paragraph 4.2.5 will notbe an automatic authorization of nor a condition precedent to entitlement to any such utljustment; 4.2.63, with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.1.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final connnitmenl to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2, the existence of such condition could reasonably have been discovered or revealed as a result of any examinatiorr investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to COhII'RACIORs making such final commitment; or 4.2.6A3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price ce Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1, Shotvia m Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities of or contiguous to the site is based on information and data furnished to OWNER cr ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the SupPlenlentary Conditions: 4.3.1.1, OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information, of data; and 43.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full resporuibility for: (i) reviewing and checking all such information and data, (it) locating all Underground Facilities shown of indicated in the Contract Doewnents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and Protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not S/vosml or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately allot becoming aware thereof and before further disturbing conditions affected thereby or Per form utg any Work in connection therewith (except in an emergency as required by paragraph6.23), identity the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition w/ CITY OF FOIO COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. II ENGINEER. concludes that a change in the Contract Documents is required, a Work Change Directive ore 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 Underground Facility as provided in paragraph 6.20, 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 FocBity that was not shown or indicated uh the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract "Times, CONTRACTOR may Snake a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER'S Consultants shall not be liable to CON'TRAC'TOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGIATEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying 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 ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Peh•olemn, Hazardous lVealc or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, hazardous Waste or Radioactive 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 clanger 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 CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. OWNER'S ACCEPTANCE & EXECUTION: This Work Order an the attached Contract Documents are hereby accepted and incorporated herein by this reference an t attached J otice to Proceed is hereby given. ACCEPTANCE: Date: (94 I) 0 DEAN O. SAYE, Sp Projects Manager Reviewed By: Reviewed By: :�_. C Approved By: Utilities OWNER: 0 ineer & Field Services Manager d O'NEILL II, CPPO, FNIGP OF PURCHASING AND RISK MANAGEMENT By: L_ - CIPO WO#2 - RFM & Kane Ponds February 2008 00525-3 Date: /0 Date: tJ 0 ` Date: ✓ - Id 4 0 Date: Date: C 09 Work Order, Notice of Award and Bid Schedule ARTICLE 5--BONDS AND INSURANCE kVar+�-ineanneetian .�.,;�.,...-'�+sa�retaxsren<GLian�nA 433—+FnAer-txc-eipt-ef�;eeh-spec-sal--rwit{eta-xeNsa CON=1'I�4Crf�H2-does-net-agree-kr-raceme-aielr-work +rased-a.���,,,enab3e-bz}ieFit-is-urssatt; or -deer -net ruder=such-special conditions; then -OWNER -may -order -such -portion -of she-VJodc-t+i. ��, ;,;zonnectien ..,�.n„"-„�.:-la-ha;strdaus own -neghgenee: 4-5=ha-prewsioas-efy3aragraphs-4.'t-rwd-413re net-imended-taapplq-to-Asinestes-PCBs, Petroleum, idaatrdous Waste-er�tadioac{{vFA4atcr-sal-unoevered or-reveidettia tho-site: DMC GENERAL CONDITIONS 1910-8 (1990 Glitusn ml CITY OR FOR1-COLLINS MODIPICA"DONS (RFV 42000) Performance, Payment and Other Bails 5.1. CONTRACTOR shall lonrish Performance and Payment Bonds, each in in 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 Bards shall remain in effect at least until one year after the date when final payment becomes clue, except as provided otherwise by Laws or Regulations or by 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 I tovs or Regulations and shall be executed by such sureties as are named in the current list of "Companies Bolding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, I,I.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agenCs authority to act. 5.2. If the surely on any Bond furnished by CONTRACTOR is declared a banlcrapt or becomes insolvent or its right to do business is terminated in any state where any pan of the Project is located or it ceases to meet the requirements of paragraph 5,1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which )trust be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER to CONTRACTOR shall be obtained Gan surety or insurance companies that are duly licensed or authorized in the jurisdiction 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 may be provided to the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4, OWN1II2-shall COMMA CTOR's Liability Insurance: 5.4, CONTRACTOR shall purchase and maintain such liability 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 CONTRACTOR's perfomunce and famishing of the World and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or fumtsh any of the Work, or by anyone for whose acts any of them may be liable: 5A.1. claims under workers' compensation disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of boclily injury, occupational sickness to disease, or death of CONTRACTOR's employees; 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees; :5:4:4,--olainrs-for-r{amegrs-iwurto,uorj• pc'£e(final-nlJuij'-}miN{itj�-a(i4eNtLCiV}t1eh�1r891iStaNteEl' c�-oy-.^,a-t,�Fsertas-a-rev.. Se-dlreet{y-or indirectly -related -to -the -employment oTsuchpetm. n-by ^�'32FS3'e` GFOR-or-Hi)-by-e ny-etha�yarsen-fdx�,nny other-reaeon, 5.45 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting there4omu; and 5.4.6. churns for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5, include the specific coverages and be written for not less than the lunits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. inclucle eonnpleted operations insurance; GJCDC GL'NBRAL CONDITIONS 1910R (1990 E,lltien) w/ CITY OF PORT COLLINS MODIPICA'rtONS Q2Gv 4/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4,11. contain a provision or endorsement that the coverage afforded will not be cancelled( materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to 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 paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing dglLclive Work in accordance with paragraph 13,12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER end any such additional insured of continuation of such insurance at final payment and one year thereafter). OW NGR's Liability larurauce: 5.5. to addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNIiR, at OWNER's option, may purchase and maintain at OWNE12's expense OWNLR's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract. Documents. Propegv Insurance: 3:1:�.,,.'- =,Torher�.visc plawEl-ad-in-t{xe�upplcwielNary� nu/nrr:n Icons,-��3a1{-py�ase�tnd-exainlain ixeperiy-user-aneeatx�rrthe-3�+ar3eai-the-site-in-Ihetlmecmt eC-ihn-fa{7--mp4ac-am,.r'.�.,' „ereel-{subject-to-sigh deductible-amean�a- ,uey-be-previdedF--in-Iho Supplemenmry--Cenditiens-Of neEmrad-by hews --and Ry,W1ai10ns)-Fhis in imanee-shal{c 3.G-1—. ehide---the—it tee s,s—of-�.-m-:>* ,, ,�r,,.134E'£E)15 Sttboentrackm.,, rn— �,.nn_rw r•rl� t„prr_m.,�n,.. /�onsuhants-and-er�'�..,;,•�-p;,�ns-ar entitias-ident+fled-i+n-the�epplementay�-fenditions; eaehef-whom-is deemed-to-have-an-insurable4riceiest and-sball-be4isted-asan-insured-or-additional-insured; 3.g:2--be-ivriiten�n�--l3ailder-'s-dt-ish raid-risk"or opera-pet4l-ar-specia{-ca..^,-�f ouFiey�4ol+in-that slna{I-xt-least-inela<le-unsuranc-e-Cos-p :xr darnflE4o4heWark,fetnj%n3Hrj'-bTHddttig, fR1Sc4iHrk encl-\Arorl:-in�ransit-ancl-shall-usuro-against-at-least the-following-lags-ilsr�3re, -lightning,-extended cAverago-Etaeft; un»dRl+sa»-fled ,.�.'^^us-vvaiselviaf, eRg1aE1MRl(2—GtaliPit3S¢—d¢I3H5—r81i?AM,+.—defr:o.,t A» AueRsie»ec{-Lvy-aH{orse»aenF-er r.-�,,.;-�^_d-RegulRHAra:: watetdR.;.Rg¢-R;,d ^. �ihzryaeri3s-as-inxy-lae sNesif+cPdly-reryuired{ay-t}ve Set�alei»e»terj�-6eHditieHst 3:Cif.3:__i»eludeexpenses-i»eufred-in-[he--eepmr-or replaeetnent-of-any insure(41)1l I)erty{ineluding-but-root ii+uitec{--te-fers-aad ^!-^.a^^ ,.f-enginaers-and arehiteets), 36:4-sAver-r»atarials-R»d-zryui{+.;;:,-' Ar-et-another-locxtiAn-that-\vas-agrees{�o4ri�\�rii ing-{vy. 9WNL'Ry3riAr-to-iwin� »¢orjaornied-in-the-aVorl:-; previd&44at-suehinate ^',,i..,s-...,.^..d equiprnert-lbffi�4been ineludedirran-A��heatiarr-for-Pa)�rnent-reeoHnnended by-ENCIINEER, and 544 bb^-.:,:�aka+ned-i+�-elCect ..-,ter-^-fayvnent-is inxde-unless --otherwise--agreed-tk"I-\writing-by 9P�{T>�*'- 1�sFF1FAS{91�s+id SPAT;T'r, - 'ith ihiHy-<{Rye'-.rr;dm �okise-tA-��iteh-©t#aer-af{ditie»al insured-ot whem-a-ceAi{icxtewf-insuranez-has-been issued- j3fliHxfflj3li-3--1-1- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurarim to protect the interests of CONTRACTOR, Subconnactois or others in Uvz-�Vor{e-t¢-Nae-e 3ent-0fany-dadustible-atttou3ais-that-are identified :n-itie-F>up131Cnve»{any-@Bndttierr;—'phe-rusk-of {oss Ihin-sash-identified-dedustible-auvaun, will Le-�)Gme by-C-BN'P-RAGE-Oi Salve-e»kastor-or-okkw-^ . irg any sash-loss-and-if-any--Af-tkzxv-wishes-Hr'opzrty-irvsurnnse coverage- within-the-linvits-of--such-amounts, eaeh-nvay {vurclvase-and-inRi»lain-it nt-the-parchaszt's-own expense. 37Ha7-- If-CONS=RAG"'I-0R-requests-ir ii,iitiiig-that-other :,�;;�^.,--„n.,r:a+co-he-ins}ude<i-in-tiva-prepeKj�-insar-anc-a ja lieies-provided-undeFparagraphs-S:d-er shah-ifyaossilile-i»elude 5 ell iivsuvanc-e, thereof- C-b"htnged to- COOT-RACTOR b"ipprepr-iate Ghanga-Or<ler-or�Vrinen---tyinendm¢nt-- PriAr-te 10 HJCDCGIINSRAL CONDITIONS 1910-5(1990Gdidmn w/ CITY OP FORT COLLINS MODIFICATIONS (RIiV 4k000) ¢oRanae»ceRae»i-e€{#ia-3VAr{;-nt-ik.. ��-<� •,4N3�32-slue!{-i» avtliuvg-ndtvyo-Ll�NTn n�„�,nn .vhetker-fur-»A[-seelatativer irisurx»eo-Fvaskzerr}uocaredl3y-9�UAaI31� S-HG C)W{ilL'R-and{-;ON4!12:,CTOR--intend that all rya)�eHkwHd¢t�iH)--yo4ic�saissuecl: 3:a-hDiv-iddit{o»,-(-AVNER-wRives-a{1-rights again,.—Q-)N* F4{A rT 1R, ,°,..tacta»Hadaes; ENGANL R-, ENGIiNIEER's--E;onsuliants- nnel-ihe Af ^^c».,�,:asters-a»a}rleyee. Fsd-age •,a��f ilreral,-fOF: 5A4-2-1. ,:n,-due�ebusiness-inienaryt-iei -less Af-use-<aFetker�Ansec}ua»tiRl--lea-ejg¢radi»g l>Ly�onc}-c{ireet-Nhysisal-IAs�Ar�g¢�o i�1Vli�`RCS-j)f0ryerty-Or-t}l¢-\i4a#-a used-b),, Rr-isi»goat-o€ar-resuki»g-(ronv--li{eor-ethc�veril; whether-or-Het-insure-4-by<31VNI�,R; and `-�.1.=i�A"�rvr-{Ifl»?Rge-EA-tiaa-<ta»ipl@Ldd }vrofzster-j>�Lzreet�nusedky, Rrasme�-eat-eferF rasalh»g-Genr-Fre-er-ether-insured-peril-eerereel b5`-a»)yarepeWy-ti»sura»ce-»a:,;a.i„ed-env-tlae cA»v{+levted--1§eject-er-part-t{vereA(=by--9 W{�Elt during —part al Utilization )ursuant—to jxrragraph-14I0-after- Substantial-Conrplehon pursuant-tA-pRrngraph-l4S-or-nfrer-fugal-payment prr s amwn- aamghrphA4-{3- Any-insurance-{rolisy-xaeintairved-lay-9kVWL3 PHvy--less, damage er-seHsequantiR '�, ..,'^z,.,a-ta-;n-Ilris paingrapli3-1-1 ^ steal _-ntxmjarawsien:rte-the-e€feet-thflf in-+he-event-Af--paymcvitof-Pira}-sash-IAss,-danvage-or consequen ial-loss--theof rec�vei3�-against-any-ef-C,-,nn.cn��rnR�ubeontriors; .p; *n�„n*n•cr��rn Cli•1n5,�'��^,onsultunts-atxa-Flan-c>liIserr, diresters; elnpleyees-and-aganF.sefaxy�oFthetn- Receipt antiApplication oJlusurauce Proceeds. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall 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 covered by an appropriate Change Order or Written Annen(hn ent. 5-13. 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 OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement annong the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and-it-requited-irrwr-it+ng-by-array-partjtin interest, QWNER-as--fiduciary-shall-give-bond--for-the pl raper-pererfernnans.�af-sucMttuties. Acceptance gfBonrds and Lnsurance; Option to Replace: 5.14 If eithepar4y--(OW,4EIZ or--CONTRAG{GR) OWNER has any objection to the coverage afforded by of other provisions of the Fronds"r insurance required to be purchase([ and maintained by the other —party, CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the ebizetiag-pa ty shah so-not4fq the-enthit-arty OlVNER will notify CONTRACTOR in writing within tea fifteen (lays after receipt delivery of the certificates Eur-ether-evideneo requesteif) to OWNER as required by paragraph2.7. 9larNrER-arid-C-OA3-IF-ACTOR-sha}I-each-provde-to-die (>lhersuch-edditiona!-infermMion-in-wspeot-(�insuraase prcwidad-as-the-ether-away-reasonably-request—ll=either r4;'y�c: -;.ok-purchase-er-ntautaia-a}I-e,f-flan-$Dads-and insucaaee--required--eC-sack-party--by-th.. "�,,,•-^--at Dc,autnent�such-party-shall-ne•'t:�--��-Dinar-party-an {writing-of-such-iailnre-te-purchase-pEierteihe-s,.-�,�'-- aYark�(�r�ich-faituw-te-tnaiHain-prierte-any�ehapge-in tlae-requi..,a-o,,:c � . "Fheutpwjudice-to-tniy-ether-right or-aamedy-the-ot#�er-pa,�y�va�aoet-to-obtain-ecprivalant Daniels or-insurance-to-preteet-Sunni-0Anerparty's-intetea ts-at the eay>anse-of-the-pari}-w o-1 ii-required-to-provide-suoh covet frge,-and-a-Chail xaer-shall :ssocd-tandjust-tha Controls-Prierdingly. PaTial Utilization --Properly Lnmanee: 5.15, If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERA[, CONDIITONS I910S (1990 Edlian) w/ MY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provide(] that no such use or occupancy shall continence 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 RESPONSIBI;LYTIES Supervision anlSuperintendenee: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to per£orin the Work in accordance with the Contract Documents. CONTRACTOR 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 desigii or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract llocuments. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. 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 cirouirstances. 'The superintendent will be CONTRACTOR'S representative atthe site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as require(] by the Contract Documents. CONTRACTOR shall at all times maintain goal discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or a(Ijaoent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be perlbrined during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to tine TiNCR Bfi-,R no less than 48 hours in advance of any Work to be lxxfonned on STiturdat'. Sundiny,_Holidys or outside the Requlor Workine Hours 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume lull responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.41 Purchasino Restrictions: CONTRACTOR must comply with the City's purchasing restriction copy of the resolutions are available for review a the offices of the Purchasing_and Risk_ Management Nhhsionoe the City.Clerk's office. 6.42 Cement Restrictions_ City of Port Collins Resolution 9l-121 requires tha[spliers and pnxiucers of cement or products containing cement to certify_ that the cement was not made in oennenr kilns that bwn hazardous wasle as a fuel. 6.5. All materials and equipment shall be of good quality and new, except its otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6, CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted front time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract 'Times (or IvIllestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjusmnents in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amenchnent in accordance with Article 12. 6.7. Subsriruresand"Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of it proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 GJCDCGHNERALCONDMONS 1910.8(1990L�diti,u w/ CITY OPRORI COLLINS MODWICATIONS ntlo 4@000) 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 equipmentor material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. '!A-E.yual", If in ENGINTER's sole discretion an item 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, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole dietletion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. S'ubstihile Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1, 1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient inclination as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplementer) in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests lbr review, of proposed substitute items of material or equipment will not be accepted by ENGINEER hom anyone other than CONTRACTOR. If CONTRACTOR wishes to famish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or notincogporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute fiothat specified will be identified m ed in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estunate of all costs or credits that will result directly or indirectly from acceptance or such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the percent_4_C the Work with its own forces (_lhat,..is, proposed substitute. ENGINEER may require without subcontracting). The 20 percent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute. which totals riot less than 2� nt of the Contract Price. 6.7.13. CONIRACfOR's Expense: All data to be provided by CONTRACTOR. in support of any 6.82. If - Bidding proposed "or -equal" or substitute item will Lie at Documents require the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers m other persons or organizations (including those who are to furnish the 6.7.2. Substitute Covstnrotlon Methods or principal items of materials or equipment) to he Procedures: If a specific means, method, technique, submitted to OWNER in-advanee-ef-the-speei(ed sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER, and -if Documents, CONTRACTOR may furnish or utilize a fist-thereoftin substitute means, method, technique, sequence of accordane with -the -Supplementary -Conditions,_. procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. any-sash-Sn73centrttslor;�upplief-r3e.3ikier-persert-tsr The procedure for review by ENGINEER will be orbanizaiion-so-identified-may-be--revoked-onAie similar to that provided in subparagraph 6.7.1.2. hnsis-of+eoseneble-eFijestionaRe;due-itavastiatNien; allow Engineer's ENGINEER will be aeeepteble--salisiituie,-the-Con}rstet-puss-wi$-k>e i allowed a reasonablblee ttimee within which to evaluate adjusked-by-tlie-di{jererwz-in-tha-cost-ecsasfonrul-by each proposal or submittal made pursuantto sash-suFisotittion-and-an-aplsrepriate-Gltange-Order paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will-be-issaec+-er-IVrit{en :4mendnsenl-sited: will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract requiring the substitute will be ordered, installed or utilized without use of the named subcontr2ctors supplies or other ENGINEER'sprior written acceptance which will be persons or orgoni_za[ion on tfLWoik unless prior evidenced by either a Change Order or an approved written 21212roml is obtained from OWNER Shop Drawing. O\ui\2;R may require .._and ENGINI;AR No acceptance by OWNER or CONTRACTOR to furnish at CONTRAC'FOWe ENGINEER of any such Subcontractor, Supplier or expense a special peTonnauce guarantee or other other person or organization shall constitute a waiver surety with respect to any "oi-equal" or substitute of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed of submitted by G_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes hn the Contract 6.9.7 CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whethe or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indircot contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Concenring Subcontractor, Suppliers and Supplier or other person or organization any contractual relationship between OWNER or Others: ENGINEER and any such Subcorametoh; Supplier or other person or organization, nor shall it create any 6.8.1. CONCRAC"TOR shall not employ any Subcontractor, Supplier or other or organization obligation on the part of OWNER or ENGINEER to person pay or to we to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization exceptas may otherwise be required by initially or as a substitute, against whoin OWNER or Laws and Regulations. OWNER or ENGINEER may_ ENGINEER may have reasonable objection, furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any of organization evidence of amounts paid to Subcontractor. Supplaa or other person or organization CONTRACTOR in accordance with to famish or perform any of the Work against whom CONTRACTOR'_S "Applications for Payment',, CONTRACTOR has reasonable objection. EICDC CGNERAt. CONDITIONS 1910 R (1990E(5tion) 13 w/ Gi l'Y OF FORT COLLINS ID10D1FICATIONS (IiEV 4/2000) 6, 9.2. CONTRACTOR shall he solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organisations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other poisons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10, The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors ce Suppliers or delineating the Work to be perfornre<i by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically birds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of Patent Fees and Royalties 6,12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the perfomrance of the Work or the incognoration in the Work of any invention, design, process, product ce device which is the subjectof patent rights or copyrights held by others. ITS particular invention, design, process, product or device is specified in the Contract Documents for use in the perfomrance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, 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 incknrnity and hold hannim OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them final and against all claims, costs, losses and damages arising out of aresulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDCOLNERAL CONDIT] ONS 1910B(199013ditim) 14 C17Y OF FORT COLLINS MODIFICATIONS (REP 411000) Permits: 6,13. Unless otherwise provided it the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Aids, 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 Iny all charges of such utility owners for capital costs related thereto such as plant Investment tees. 6.14. Laws andRegadatious: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know, that it is contrary to Laws or Regulations, CONTRACTORshall hear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not. be CONTRACTOR'.s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this Shall not relieve CONTRACTOR of COX YfRACTOR's obligations under paragraph 3.32. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to he paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6,15,1, OWNER is exempt from Colorado State and local sales and use taxes on materials to he gemmnently inconxrrated into llnc project Said L'nxes shall not be arduded in the Contract Rice. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Pem-er, Colorado 80261. Sales and Use 'Taxes for the State of Colorado Regional_'fra�nsxyrianon Duane (RID and nertaut Colorado_ countiesare collected_ bV the State of Colorado and are included_ n the Certification of Exemt>tnon_ All applicnble_S_ales and Use Taxes (including State collected ttnxes . on anv items other then construcuan and buitdine matenals uhvsigally, incorporated into the projectare to be -paid by CONTRACTOR_kind are to h> _lncluded m �i)Tro Ire bid it items, Use ofPreotises: 6.16. 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 pmnitted 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 any adjacent land or areas, resulting Gonn the performance of the Work. Should any clean be made by any such owner or occupant because of the performance of the Well(, CONTRACTOR shall promptly settle with such other part): by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold hamnless OWNER, ENGINEER, ENGINLER's Consultant and anyone directly of indirectly employed by any of them from and against allclaims, 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 patty indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 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 completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris 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 ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to sit esses or pressures that will endanger it. Record Documents: MCDC OGM>RAL CONDITIONS 1910-8 (1990 Edition) W CITS' OF PORT COLLINS MODIRI CATIONS (J2EV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Annendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER. for reference. Upon completion of the Work, and prior to releaso of final oavme11 these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER, Safety and Protection: 6.20. CON't'RAC 'TOR shall be responsible for initiating, 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 prevent damage, injury or loss to: 620.1, all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.1 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. CON'TRAC'I'OR shall comply, with all applicable Lava and Regulations of any public body having jurisdiction for .safely of persons or property or to protect them fronn damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of U"ndcrground Facilities and utility owners when prosecutionof die Work may affect them, anal shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in pan, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work 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 Specifications or to the acts or omissions of OWNER or ENGINEER or ENGMEER''s Consultant or anyone employed by any of them or anyone for whose acts any of them may to liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acre xable (except as otherwise expressly provided in connection with Substantial Completion). 6,21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs. 6.22, CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazord communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: ti 23. In emergencies affecting the safety or protection of persons or the Work orproperty of the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is i equired because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Strop lb•mvings nedSamples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). 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 performance and design criteria, materials and similar data to show, ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 626. 6.24.2. CONTRACTOR 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 clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which untended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the bruited MCDC GENERAL CONDITIONS 1910-5 u990 Gdaina) 16 wl Cl'ry OP PORT COLLINS MODIPICATIONS(iH1142000) purposes required by poragraph6.26. 'The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1, Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25A.1. all field measurements, quantities, dimensions, specified perfornance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertainung to the performance of the Work, and 6.25.1.1 all information relative to CONTRACTTOR's 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 coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6,25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR'S review and approval of that submittal. 6253. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall muse a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINLER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER'.s review and approval will be only to determine if 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 a functioning whole as indicated by the Contract Documents. ENGINEERs review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a lnrticular means, method, technique, sequence 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. CONTRACTOR shall direct specific attention in wi itine to revisions other than the corrections called for —by ENGINEER on previous submittals. 6.2T ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CON')'RACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEL+'R has given written approval of each such variation by It specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR Gom responsibility for complying with the requirements of paragraph 6.25L. 6.25. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work perfornned pi to ENGINELR's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the IVo)*: 6.29. CON1'RAC'rOR shall carry on the Work and odhcie to the progress schedule during all disputes or disagreements with OWNER. No Work shell be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree un writing. 6.30. CONTR4CTOR's General lVanarrtp and Guarantee: 6.30.LCONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER'S Consultants that alp Work will be in accordance with the Contract Documents and will not be defective. CONTRACI'OR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in DJCDC GENERAI, CONDITIONS 1910-8 (1990 Edition) a'/CITY OP PORT COLLINS MODIR CATIONS ((E,V 4/2000) accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by LNGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGLNEER; 630.2.3, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONI'RAC'I'OR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any pan thereof by OWNER, 6,30.2.5. any acceptance by OWNER or any failure to do so; 6.30.16. any review, and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8, any correction of defective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CON'RACT'OR shall indemnify and hold harniless OWNER, ENGINEER, ENGINEER'S 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 (including, but not limited to, all fees and charges of engineers, architects, attorneys 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 Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselo, including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or finish 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 negligence or orttission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any, and alp claims against OWNER or ENGINEER or any of thew respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any, Supplier, any person or organim ion directly or indirectly employed by 17 4/10/2008 Project: CIPO Work Order #2 - Red Fox Meadows & Kane Pond Construction Date: March 25, 2008 Carney ,� ti. Schedule of Values Item Number Description Unit of Measure Estimated quantity Unit Coat ($) Item Cost ($) 1 RFMP & KP - Mobilization Is Field Overhead (W.O. #2) LS / $ 406,100.00 $ 406,100.00 2 RFMP & KP - Traffic Control LS 1 by COFC 3 RFMP & KP - Construction Survey LS 1 77,200.00 77,200.00 4 RFMP & KP - Muck Excavation & Stabilization Rock CY 300 57.00 17,100.00 5 RFMP - Erosion Control (Work Order #2 allowance) LS 1 113,000.00 113,000.00 6 RFMP & KP - Construction Fence Maintenance MO 8 2,100.00 16.800.00 7 KP - Erosion Control (Work Order It 2 allowance) LS 1 56,000.00 56,000.00 8 KP - Concrete Drive Pan at Prospect LF 48 80.00 3,840.00 9 KP - Haul Road Longwonh to Prospect Construction LF 1.800 46.00 82,800.00 10 KP- Haul Road Longwonh to Prospect Import Allowance CY 1,000 21.00 21,000.00 11 KP- Haul Road Maintenance MO 8 11,800.00 94,400.00 12 KP - Tracking Pad at Prospect EA 1 14,300.00 14,300.00 13 KP - Street Cleaning It Maintenance MO 8 5,900.00 4T200.00 14 RFMP Is KP -Tree Stump Removal LS 1 12,900.00 12,900.00 15 RFMP & KP - Grubbing & Rubbish Disposal AC 5 2.000.00 10,000.00 16 RFMP - Remove Riprap Spillway LS 1 800.00 800.00 17 RFMP - Remove 60' Headwall & Riprap LS 1 2,100.00 2,100.00 18 RFMP - Remove 42' x 60' Storm Sewer Box LS 1 700.00 700.00 19 RFMP - Remove Concrete Drain Pan LF 247 6.50 1,605.50 20 RFMP - Remove Fence, Posts & Gate (S/W) LF 71 3.60 255.60 21 RFMP - Remove Fence (NAN) LF 450 7.40 3,330.00 22 RFMP - Remove 12" ADS Culvert LF 17 26.90 457.30 23 RFMP - Remove 12" DIP Waterline LF 590 75.60 9,204.00 24 RFMP - Remove 12' RCP Drain LF 140 8.60 1,204.00 25 RFMP - Remove 12' PVC Underdrain LF 1,236 15.60 19,281.60 26 RFMP - Remove IT Undardrain Manholes EA 2 980.00 1.960.00 27 RFMP - Remove 33' RCP Storm Sewer LF 70 13.00 910.00 28 RFMP - Remove 42' RCP Storm Sewer LF 194 14.90 2,890.60 29 RFMP - Remove 60" RCP Storm Sewer LF 78 22.30 1,739.40 30 RFMP - Remove 8" PVC Sanitary Sewer (N) LF 290 18.50 5,365.00 31 RFMP - Remove 8" PVC Sanitary Sewer (S) LF 300 18.50 5,550.00 32 RFMP - Remove 8" SS Manholes EA 3 1,280.00 3,840.00 33 RFMP - Abandon 8' SS Manhole EA 1 1,570.00 1,570.00 34 RFMP - Plug & Abandon 8" PVC Sanitary Sewer LF 60 24.40 1,464.00 35 RFMP - 16' SS 48" Manhole Lowerings After Excavation EA 2 1,070.00 2,140.00 36 RFMP - 16' SS By -Pass Pumping EA 2 8.500.00 17,000.00 37 RFMP - 8' Castlerock Baseflow Piping & Outlet Valve LF 610 35.10 21,411.00 38 RFMP - 8' Water Quality Outlet Piping LF 194 35.40 6,867.60 39 RFMP - 8" Underdrain Solid LF 1,098 33.90 37.222.20 40 RFMP - 8' Underdrain Perforated LF 3.689 35.30 130,221.70 41 RFMP - 8" Underdrain Valves, Fittings Is Appurtenances LS 1 28,800.00 28,800.00 42 RFMP- Dewatering LS 1 256.000.00 258,000.00 43 RFMP - Clearing&Grubbing AC 13 1,000.00 12,570.00 44 RFMP- Wetlands Topsoil Removal(1W) CY 4.200 4.10 17,220.00 45 RFMP- Topsoil Removal(10") CY 15,063 5.20 78,327.60 46 RFMP - Excavation & Haul -off CY 62,717 17.20 1.422,732.40 47 RFMP- Unclassified Excavation CY 3,340 3.60 12,024.00 48 RFMP-Embankment CY 3,340 1.70 5,678.00 49 RFMP - Final Shape & Grade Subgrade BY 57.722 0.68 39,250.96 50 RFMP- Natural Resources Contouring LS 1 4,100.00 4.100.00 51 RFMP - Wetlands Topsoil Replacement CY 4,200 6.50 27,300.00 52 RFMP- Topsoil Replacement CY 15,063 6.50 97,909.50 53 RFMP - Import & Place Topsoil CY 10,000 14.90 149.000.00 54 RFMP - Cofferdam & Decant System to Control Storm Run-off LS 1 3,900.00 3,900,00 55 RFMP - Bottom of Pond Access Road LF 620 8.10 5,022.00 56 RFMP- Highway Truck Loading Loop SY 8,000 8.00 64,000.00 67 RFMP -Temp. Mulching of Stockpiles AC 6 900.00 5,400.00 58 RFMP - Temp.Mulching& Taccher Application AC 13 11500.00 18,855.00 59 RFMP- New Mercer Sidespill Weir LF 418 50.90 21,276.20 60 RFMP - Perm. TRM It Seeding North of New Mercer Sidespill Weir SF 24,600 1.92 47,232.00 61 RFMP - Replace Existing Fence (NAN) LF 300 9.00 2,700.00 62 RFMP- Water Quality Pond Structure w/Snout LS 1 5,600.00 5.600.00 63 KP- Tree&Stump Removal LS 1 12,100.00 12,100.00 Page 1 of 3 any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or out issions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTIIER WORK Related Work at Sile.- 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or pet other direct contracts therefor which shall contain General Conditions similar to these, m have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are warble to agree as to the anmount or extent thereof 7.1 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and it reasonable opportunity for the introduction and storage of materials and equipment and the execution of .such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other walk. CONTRACTOR 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 affected. The duties and responsibilities of CONTRACTOR under dais paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC OE11MRAL CONDITION81910-8(1990Mtim) 11/ a1 Y OF FOR COLLIN3100131MCA1I0NS (REV 4,2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any pan of CON'TRACI'OR's Work depends upon work performed 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 of unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the perfornmance of other work on the Project at the site, the following will beset fort], in Supplementary Conditions: 24.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2, the specific matters to be covered by such authority and responsibility will be itenmized; and 7.4.3. the extent of such induct$v and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against 15`}nBHi-GCGC�P.'-T-R-AC�O..—i�i-mcc;�i9-Rra90Aabie-BbJE�ettE3A; whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall stake payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13, 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 5-5- GaIlIQr"^'T'n=s-responsibilities-in-reypael-efy3urc-basing aad-maink+fining-liabilit}-nnd-prol3erty--ilauranea-ar.�-wt forth -irtpamg iphs-5-$-throuoi-5,10: 8.6. OWNTER is obligated to execute Change Orders as indicated in paragaph 10.4. 5.7. OWNERS responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4, 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13, 10 and 15.1. ]Paragraph 15.2 deals with OWNER'S right to terminate services of CONTILaCTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR'S 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 famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract. Documents. SA O- respect -of undisclosed {�SbMEB5—p�5—PCH'6laH#N, Y—cnu.."""' YaOtl�WflSta--fir R+idioaciive-dvfaterials-uncovered -or-revealed-at-the-site-is set-forth-inparagraph-4:5: 5-1-1--Emend-lo-tJx�es9ent-OW}vgi�has-agreed-to-furnish CONTRACTOR—reasonable---evidence--that-financial flrrengem0nts--Have-been-mad��sS ^lr,�,.c,: obligations-ureter-the-Contract-Documents;-OWNER4; t�aspensibilit3vrn-r.:syest-iHeneeRwill-Ha-assei-fottlwrtha Supplementary Conditions. ARTICLE 9--ENGINELI2'S STATITS DURING CONSTRUCTION 01VAUR's Representative: 9.1. ENGINEER will be OWNER'S representative during the construction perial. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress SICDC GENERAL CONDI'LIONS 1910-8 (1990 Edition) A/CIIT OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACT'OR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceedn,g in accordance with the Contract Documents. ENGIb1L'ER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's 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 infonned of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any finilure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfomrance of the Work. Project Representative: 93. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. 'The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in Inclamphs 9.3 and 9.13 and-it,�be-Supplenrantaty C-onditiors of these General Conditions. If OWNER designates another representative or agent to represent. OWNER at the site who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in tHes.,uryry}emenlary-Condit-ioas oarammDh 9.3 9.3.1. The Rc wesentative's dealim,s in matters perminina to the on -site work will in general, be will, the _ENGINEER and CONTRAC"1'OR. Eut, the Representative, will__ keepthe OWNER_gti_operly advised about such matters_The Representative's cleaungs_ about will only he throu -ix with the f-Lull knowledee and alS,rovalOf the CONI'RACT'OR. 9.3 2_Duties, and R_esponsibilitie_._ Rc i willt resentative : 9.3.2.1 Schedules Revie,v (he nroaress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the RNGINEER concernvngacgmlability. 9.3.2.1 _Conferencesand Meeting - Attend Attend meeting with the CONTRACTOR such as preconstrucion conferences,_prcgrgss meetings and other —job, conferences and LmePnre and circulate conies of minutes of meetings.. 9.3.2.3. Liaison 9.3 2.3.1. Serve zg ENCITN E S liaison with CONTRACTOR, working principally througtr_CQNTRAC'I`-Q12:S superintendent to assist the CONTRACTOR. -in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additimral_dctails„,_or infornmhon. when required for proper execution of the Work. 9.3.2.33_A<lgise the ENG—MERand CONTRACTOR of the commencement of any Work re a=ing, a Shoe_ Drawucg or seal c submission if the submission has not been approved by the LR'GIDIEER 9.3.2A.Review of Work Rejection of Detective Work Inspections and Tests - 9_.3.2.4. 1__. Card of on- site observations of the Work in to assist the ENGINEER in deterndnine that the Work is nroceedin in accordance with the Contact Documents. 9.3.2.4.3. Acconrtnny visiting inspectors relresentma public or other agencies having jurisdiction ov_et_the I§oiecl. record the results of these insceclions and retort to the ENGINEER. 9.325. Interpretation of Contract Documents —Repot .. to _ENGINEER when clarifications and intenuetatious of the Contract Documents are needed_. and _transmit to CONI'RAC'I'OR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.12.6. Modifications. Consider and nlaftmt CONTRACTORS ._. s�estions for 20 E)CDC GENRRAL CONDITIONS 1910.8 (1990 rchfi,) m/ (1 TY OF PORT COLLI NS MODI PI CATIONS (REV 4/2000) modification in Drawings or ScecificaYions and _.. re)x>rt_fhese recommendatigns to ENGINEER. Accuraleh__._ transmit _ to__ CON112ACTOR demslons issued by the HNGINEER 9.3.2.7 Records 9.32_S_ Reports. 9.:32_8._1,_ Punish ENG_INEIiR_]xriodic reporlsL_as_reeluired of the progress, of the Work and_ of the CONTRACTORS compliance with the progress schedulemd schedule of shop Drawing mxl sample submittals. 9.3 2.5,2;_„ Cansult with ENGINEER in advance of scheduling maior tests, inslxections or start of innxxtant phases of the Work. 9.3.2.5.3. Draft proposed Change Orders and Work Uirccti7e__Changes`obtaining Wckup material from the CONTRACTOR and recommend to ENGINEER Change Orders. Wort:Directive_ Changesnndfield orders„ .93.15.4.__ Report immediately to 1 NGMER and OWNTER the occurrence of any accident, 93.2 I, PsIL)ent RegueSts. Review an14 1 ions fin —_ with CONTRACTOR for eomplim with the_. established _procedure for their submission and forward with recommenclation to ENGINEER, noting particularly the relationship of the payni end requested to the schedule of v2lues, wort: completed_ and materials and equipment delivered at the site but not incoppa'ated in the Work. 9.3_2,1.0,_Completion. 9.3? 1QIBefore 13NGINEhR_ issues__ Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requirine correction ol-ciaapletion, 9.32.10.2 Conduct final inspection in the comlpam o_C_ the F,NGINEHR OgnNl✓l2 and CONTRACTOR and prepare,_a_fnal list of items to be corrected or comoleted, 9.32.10.3_Observe that all hens; on the filial list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3,3. Limitation of Authorize: The Representative shall not: 9.3.3.1, Authorize any deviations front the Contract Documents or accept„_my suUslWte materials or equi tpnenl, unless authorized by the ENGINEER. _9.3_3.2._._ Exceed_ lunitatigna of 1+_NGINEEI_2'S a itho>r,r�,_a_s set fonh in the Cormacl Documents. 9.3.3.3. Undertake any of the,_�wtuibilities __ of the CON_TRAC"fOR._Subegntractors or CONTRACT superintendent 9.3.3.4. Advise ory_or issue directions_ relative to or assume control, ow er inect oL_th@ means, methods, techniques. sequences or procedures for construction unless such is §Mifieally called for in the Contract Documents. 9.3.39 Advise on or issue directions regarding or assume- control over ,safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anvone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or-lo-part. 2.3 3,$.___Participate _in specialized . Geld_ or laboratgry,tes_ls grins n1 ections_cgnducted by others e •cT ept as-. -specifically authorized hk t e ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the PJCDC GENF,RAL CONDITIONS 19I0-8 (1990 Grlaion) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings m otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents, Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12, Authorized hariadonsin York: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Dauments. 'These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved Promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Rice 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 chain therefor as provided in Article I I or 12. Rejecting Defective lVork:• 9.6. ENGIMPER will have authority to disapprove or reiect Work which ENGINEER believes to be defective, or that ENGINLER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether = or not the Work is fabricated, installer) or completed. Shop Drmviugs, Change Orders and Payments 9.7. In connection with ENGINrEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.25 inclusive. 9.5. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12, 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or othenvise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, urdess, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal Gom ENGINEER's decision and: (i) an appeal from ENGINrER's decision is Liken within the tune limits and in accordance with the procedures set forth in Exhibit GC -A, 'Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of conipetentprisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed it writing by OWNER and CON'f12ACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9-1 L 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 acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Tunes will be referred initially 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 ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty clays 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 party shall submit any response to ENGINEER and the claimant within Thirty clays after receipt of the claimant's last submittal (unless ENGINEER allows additional lime). ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXIiIBIT GC -A, "Dispute Resolution Agreement', entered into between OWNER and CONTRACf OR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty (lays after the date of such decision and a formal proceeding is institutedl by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may, have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty clays of the date of such 22 EXI)COENL•RAT, CONDITIONS 19108(1990Edivap 111 CITY Or PORT COLLINS MODIPICA noNs (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9,12. When functioning as interpreter and judge under paragraphs9.10 and 9,11, ENGINEER will not show partiality to UNNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant, o-Aaiiele-dG. 9.13, Limitations on FNGIA'EHR'.s Authority and Responsibilities: 9.13.1. Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents not any decision made by ENGINEER ur good faidr 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 any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CO_NTRAC'roR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4, ENGINEER's review of the final Application for Payment and accompanying 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 die case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident. Project Representative and assistants. ARTICLE 10—CHM'GES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNE-R 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 by 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 Contact Documents (except as otherwise specifically provided). 10.1 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 Tines that Should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CON'R:ACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is notrequired by the Contract Documents as amended, modified and supplennented as provictect in paragraphs.35 and 3.6, except in the case of an emergency as provided in paragraph 6.23 of in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEr"R (or Written Amendments) covering: 10.4.1, changes in the Work which are (i) ordered by ONVITER pursuant to paragraph 10,1, (it) required because of acceptance of defective Work under paragraph 13, 13 or correcting defective Work under paragraph 13.14, or (in) agreed to by the parties; 10.4.2, changes in the Contract Price of Contract Times winch are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry oil the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents MCDC GENiRAL CONDITIONS 1910-R (1990 Edili.) tv/ CI]Y OF PORT COLLINS b70DIPICATIONS (REV 42000) (including, but not limited to, Contract Price m- Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be give" responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CIIANGE OF CONTRACT PRICE 11.1, The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work, All cluties, responsibilities and obligations assigned to of undertaken by CON TRACTOR shall be at CONTRAC'TOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Ainenchnent. Any claim for an adjustment in the Contract Price shall be based on urzitten notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty clays) after the Stan of the occurrence or event giving rise to the claim and stating the general nature of the claiu. Notice of the amount of the claim with supporting data shall be delivered within sixty clays after the start of such occurrence or event (unless ENGINMER allows additional tune for claimant to submit additional or more accurate data in support of the chain) and shall be accompanied by clainant's written statement that the adjushnent claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All chains for adjushnent in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9,11 if OUTER and CONTRACTOR cannot otherwise agree on the amount. involved. No chain for an adjustment in the Contract price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, urclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lurup sum (which may include an allowance for overhead and profit not necessarily in accorc4ance with paragraph 11.6.2); 113.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump stun is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACT'OR's fee for overhead and profit (determined os provided in paragraph 11.6). Cost of tit Work: 11.4. 'The temr Cost of the Work means the sum of all costs necessarily incurred 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 be in amounts no higher than those prevailing in the locality of the Project, shalt include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11A.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Wort: 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 fm- employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall irnclud hutarot be but ited to, salaries and wages plus the cost of tinge benefits which shall include social security contributions, unemploymrent, excise and payroll taxes, workers' compensation, health benefits; basau es, seek—lem-e, vaeation-unc+handay-pay 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. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' Geld services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER dynosits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns hom sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, &)CDC6GIvFRAi. CONDITIONS 1910 8 (1990 Gditmo 24 "MFY OF FORT (r UMMODIFICATIONS(REV 411000) CONTRACTOR shalt obtain competitive 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 Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRAC'TOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. Al subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.45. Supplemental costs including the following: 11.4.5.1. 'The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2, Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the In operty of CONTRACTOR. 11.4.53. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4, Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, unposed by Laws and Regulations. 11.4.5.5. Deposits post for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated 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 property insurance established by OWNER in accordance with paragraph 59), provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any 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 Cost of the Work for the purpose of determining CON'rRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall he paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4,59, Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tenn Cost of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of die Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11A.4--all of which are to le considered araioistrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRAC'1'OR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CON'rRACfOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11,4.5.9 above). MCDC GENERA. CONDITIONS 1910-S (1990 LNtion) iv/CITY OF PORT COLLINS MODIFICATIONS (REV 42000) I L5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11,5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 1 L6.1, a mutually acceptable fixed fee; or 11.62, if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 1 L6.2.1. for costs incurred under paragraphs HAI and 11.4.2, the CONTRACTOR's fee shall be fifteenpercent; 11,6.2 for costs incur ed under paragraph 11.4.3, the CONTRACTOR's fee shall be live percent; 11.62.3, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11At, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually pedbnns or furnishes the Work, at whatever tier, will Ix paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five-poneent of the -amount -paid -to the-ne>s-le+vet-tier-BuHoonhaeter to he no-obited irr good faith with the OWNER but not to exceed Eva percent of the amount paid to the next lower tier Subcontractor, 11,6.2.4. no fee shall be payable on the basis Of costs itemized corder paragraphs 11.4.4, 11.4.5 and 11.5; 11.63.5. 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 five percent of such net decrease; and 11 A2.6. when both additions and credits are involved in any one change, lire adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11,5, C0NTRAC'T0R 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 Allowances: 1l-& It is understood that CON'TRAC"TOR has included in the Contract Price all allowances so named in the Contract Docwnents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agreesthat 11-8,1. the allowances include the cost to C0NTRAC'FOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11_8.2. CONTRACTOR's costs for unloading 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 additional Payment on account of any of the foregoing will be valid. Prior to final paylverf, inappropriate Change Order will be issued as recommended by ENGINELR to reflect actual amounts due CONTRACTOR on account of Wei: covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Docunnents provicle that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the suit, 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 estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and cletenuming an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work Performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by C0NTRACT'OR to he adequate to cover CONTRAC'rOR's overhead and profit for each separately identified item. 11.9.1OWNER or CONTRACTOR may, make a clean for an adjusnnent in the Contract Price in accordance with Article 11 if. 11.9.3.1, the quantity of any itenh of Unit Price Work performed by CONTRACTOR. differs materially and significantly front the estimated quantity of such dent indicated in the Agreement; 26 JUCDCOENGRAL CONDITIONS 1910�8 f1990rdilinu tv/Ct'rY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11 9.3.2. there is no corresponding adjustment with respectto any other item of Work; and 11.9.3.3, if CONTRACTOR believes 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 as to the amount of any such increase or decrease. 119.3.4. CONTRACTOR acknowledges that the 0WbW, has the right to acid or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contrct Pricae - any ientaimng item_ so Ion is the deletion 01 addition does not exceed t,venW-five percent of the original total Cony,act Price. ARTICLE 12--CIUNGE OF CONTRACT TIMES 12.1. The Contract 'Times (or Milestones) may only be changed by a Change Order or a Written euriendalent, Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other patty and to ENGINEER promptly (but in no event later than thirty clays) a0er the occurrence of One event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the cloun with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional tine to ascertain more accurate data in support of the clown) and shall be accompanied by the claimant's written statement thatthe adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the ContracCrumes (or hilestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNTER and CONTRACTOR cannot otherwise agree. No claun for an adjustment in the Contract Trice (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time hunts stated in the Contract Documents are of the essence of the Agreement. 12.3, Where CONTRACTOR is prevented fron completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, tlhe Contract Times (or Milestones) will be extended in an anhount equal to tine lost clue to such delay if a clain, is made therefor as provided in paragraph 12. 1. Delays beyond One control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidcm ics, abnormal weather conditions or acts of God. Delays attributable to mrd within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AIVD INSPECTIONS; CORRECTION, REMOVAL OR ACCEPI'ANCE OF DEFECTIVE WORK 13.1. Notice o(Defects. Prompt notice of all defective Work of which OWNER of ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGIN?ER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and govennnental agencies with jurisdictional interests will have access to the Work at aeasc�nab}e-dimes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CON'TRACTOR's site safety procedures and programs so that they may comply therewith as applicable, TeslsnndInsprections 13.3. CONTRACTOR shall give ENGINEER timely notice of readies of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13A.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 LTCDC GENERAL CONDITIONS 1910.4 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (12FV 4/2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. is otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction regime 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 responsibilify, for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also he responsible for arranging and obtaining and shall pay, all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work, of of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINTEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall he at WNTRACT'OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same and E'NG.INP,ER has not acted with reasonable promptness in response to such notice. thrcoverimg Work: 13.8. If any Work is covered contrary to One written request of ENGINEER, it must, if requested by ENGINEER, be uncovered) for ENGINEER's observation and replaced at CONTRACTOR's expanse. 13.9. IPENGINiER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, exlose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing alp necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inslaetion and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of nvoik of others); and OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR.shall be allowed an increase in the Contract Price or an extension of the Contract 'limes (or Milestones), or both, directly attributable to such 27 4/10/2008 Item Number Description Unit of Measure Estimated Quantity Unit Coat ($) Item Cot ($) 64 KP - Remove 4' Manhole LS 1 820.00 820.00 65 KP - Remove 12' ADS Storm Sewer & Plug LF 96 22. 00 2.150.40 66 KP - Remove 12' ADS Pond Interconnect & Plug LF 41 28.00 1,148.00 67 KP - Remove Sidewalk Barrier LS 1 100.00 100.00 68 KP - Remove 5' Type R Inlet & Plug 36' Storm Sewer LS 1 2,800.00 2,800.00 69 KP - 8' Underdrain Perforated LF 2,190 33.50 73.365.00 70 KP - 8' Underdrain Valves, Fittings & Appurtenances LS 1 11,600.00 11,500,00 71 KP- Dewalering LS 1 148,000.00 148.000.00 72 KP- Clearing&Grubbing AC 10 1.000.00 9.610.00 73 KP- Highway Truck Loading Loop SY 7,500 8.00 60,000.00 74 KP-Topsoil Removal(to-)CY 11,754 5.20 61,120.80 75 KP - Excavation & Haul -off CY 48,119 17.20 827,646.80 76 KP- Unclassified Excavation CY 5,684 3.60 20,462.40 77 KP- Embankment CY 5.684 1.70 9,662.80 78 KP - Final Shape & Grade Subgrade SY 41,977 0.68 28,544.36 79 KP- Natural Resources Contouring LS 1 2,700.00 2,700.00 80 KP - Welland Topsoil Replacement (Required???) CY 0 81 KP- Topsoil Replacement CY 11.754 6.50 76,401.00 82 KP - Cofferdam & Decant System to Control Storm Run-off LS 1 3,897.70 3,897.70 83 KP - 12' Bottom of Pond Access Roads LF 232 10.00 2,320.00 84 KP - Temp. Mulching of Stockpiles AC 5 900.00 4.500.00 85 KP- Temp.Mulching& Tackifier Application AC 10 1,500.00 14,415.00 86 KP - Perm. TRM & Seeding around 36" Headwall/Outlet SF 11,250 1.96 22,050.00 87 RFMP & KP - 36' RCP Outlets to RFMP LF 60 96.00 5,760.00 88 RFMP & KP - 6' MH's at 33/36' Transilion to RFMP EA 2 4,600.00 9,200.00 89 RFMP & KP - 36' FES w/Grates & Riprap to RFMP EA 2 51000.00 10,000.00 90 KP Taft & Prospect - 10' Type R Inlet w/Snout LS 1 13,800.00 13,800.00 91 KP Taft & Prospect - 30' RCP Storm Sewer Outlet LF 48 92.00 4.416.00 92 KP Taft & Prospect - 30' FES w/Grate & Riprap EA 1 4.000.00 4.000,00 93 KP Taft & Prospect - 6' Manhole w/Snout LS 1 12,400.00 12,400.00 94 KP Taft & Prospect - 48' RCP Storm Sewer Outlet LF 16 123.00 11968.00 95 KP Taft & Prospect - 48' RCP Outlet Headwall & Wingwalls LS 1 20,000.00 20,000.00 96 KP Taft&Prospect - Retrofit Sidewalk LS 1 1,100.00 1,100.00 97 KP Taft & Prospect - 12" SDR-35 LF 31 31.00 973.40 98 KP Taft & Prospect - 12' SDR-35 30' & 45" Bends EA 2 263.00 526.00 gg RFMP & KP - Fall Mowing Operations LS 1 7,900.00 7.900.00 100 RFMP&KP -On-Site Power Drops (Allowance) LS 1 45,100.00 45,100.00 101 CIPO- Field Office Trailer Set-up LS 1 76,100.00 76,100.00 102 CIPO - Perm. Fence West Side of 1809 Longworth LS 1 8,400.00 8,400.00 103 RFMP & KP Tree Removal LS 1 15,200.00 15,200.00 104 RFMP & KP - Protect Sign at Trails & Taft (Installation) LS 1 5,600.00 500.00 105 RFMP & KP - Construction Fence @ Limits LF 11,500 3.80 43,700.00 106 RFMP & KP - Construction Fence Maintenance MO 3 2,100.00 6.300.00 107 RFMP & KP - Erosion Control (Work Order a1 allowance) LS 1 28,900.00 28,900.00 108 RFMP & KP - Access Road Maintenance LS 1 41,900.00 41,900.00 109 RFMP - 8" PVC Sanitary Sewer Relocation - Line A LF 339 60.00 20,340.00 110 RFMP-8' PVC Sanitary Sewer Relocation -LineB LF 399 53.00 21,147.00 111 RFMP - 48" Manhole (on 16' SS) EA 1 2,700.00 2,700.00 112 RFMP - 48" Manholes (on 8' SS Line A & B) EA 2 2,600.00 5.200.00 113 RFMP - By -Pass Pumping (8' SS) LS 1 340.00 340.00 114 RFMP - 12' DIP Waterline Relocation LF 564 82.00 46,248.00 115 RFMP - 8' x 4' RCBC Inlet Structure LS 1 27,900.00 27.900.00 116 RFMP - 8' x 4' RCBC Outlet Structure LS 1 28.400.00 28,400.00 117 RFMP- 8'x 4'Siphon Handrail LS 1 18,600.00 18,600.00 118 RFMP - 8' x 4' Siphon Trash Racks EA 2 3,200.00 6,400.00 119 KP - Remove 6' Manhole & 36" Stubout LS 1 800.00 800.00 120 KP - 36' RCP KP Outlet/Inlet Structure to RFMP EA 1 15,600.00 15.600.00 121 KP - 36' RCP to RFMP LF 252 104.00 26,208.00 122 KP-6'Manhole 36'/42'to RFMP EA 1 4,000.00 000.00 123 KP - 42" RCP to RFMP LF 190 115.00 21.850.00 124 KP - 13' x 6' Junction Box to RFMP LS 1 10,000.00 10,000.00 125 KP . 8" Underdrain K-A Solid LF 327 30.00 91810.00 126 RFMP & KP - Promenade Drainage Sidewalk SF 500 11.10 5,550,00 127 RFMP - 16' DIP Sanitary Sewer Relocation - Line A LF 758 79.00 59,882.00 128 RFMP - 48' Manholes ( on 15" SS) EA 4 2,600.00 10,400.00 129 RFMP -Abandon 15" SS w/Flashfill LF 700 2.70 1.890.00 130 RFMP & KP - Pipe Trench Import Allowance CY 4,100 7.90 32,390.00 131 RFMP - Perm. TRM & Seeding on West Bank of Lorimer H2 SF 13,750 1.97 27,087.50 132 RFMP - Tracking Pad ® Underhill LS 1 1,400.00 1,400.00 133 KP - Millsap & Thayer Fencing Modifications LS 1 3,400.00 3,400.00 Page 2 of 3 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. 0IVNEW May Stop Ilaa IVorhr 1110. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work. in. such a way that the completed Work will conform to the Contract Documents, OWNIi12 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 any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party, Correction or Removal of Defective IVork: 13.11. If required by ENGINEER, CONTRAClOR 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 defective, CONTRACTOR shall pty all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one-yem= two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it his been rejected by OWNER, remove it Gam the site and replace it with Work that is not defective, and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have die defective Work corrected or die rejected Work removed and replaced, and all elamis, costs, losses and damages caused by or resulting Gom such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRAC'1.OI2. 13.112.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other 2R EICDCGGNERALCONDITIONS 191&8(199otiditiaw) rv/ My OP PORT COLLIN.S MODIPICAITONS (REV 4/2000) Work resulting therefrom) has been eonected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Ivorh: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prim to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all clamrs, costs, losses and damages attributable to OWNER's evaluation 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 ENGINE R's recommendation of final payment, a Change Order will he issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNP.R shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may stake a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. O IVNER Afety Con -eel Defective Work: 13,14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by LNGINELR in accordance with paragraph 13,11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any othet provision of the Contract Documents, OWMiR. may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shalt proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR Gom all or part of the site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTORIs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER Ol1/NER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Doeurnents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a clahn therefor as 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 CONIl2ACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Conhact 'fhnes (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's i ighfs and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of K11"ex. 14f, The schedule of values established is provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a Conn of Application for Payment acceptable to ENGINEER. Piogess payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Pgfinent., 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Applicnion for Payment filled out and signed by CONTRACTOR covering the Work completed as of die date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a hill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect'6 i0012's interest therein, all of which will be satisfactory to OWNER. The amount of relainage with respect to progress payments will be as stipulated in tine Agreement. Anv funds that arc withheld by the OVJIQER shall notbe subieot to substitution by the CONTRACTOR withsecur Me gran , irran-gem Mrs niv- rving an escrow or eustoclianshio By exeoa in, the application for paygten form the CONTRAC"T012 expressly waives his right to the lenelits of Colorado Revised $tntutos _Section 2491_701, ct sap. CONTR4CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will lass to OWNER no later than the time of payment ltee and clear of all Liens. Review o/'Applicatiors for Progress PgPment: 14.4. ENGINEER will, within ten clays after receipt of each Application for Payment, either indicate in writing a EICDC CENMAL CONDITIONS 1910-S (1990 Edition) w/ CII-Y OF FORT COI,LINs MODIFICATIONS (RPV 4/2000) recommendation of payment and present the Application to OWNER, of return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case; CONTRACTOR may, make the necessary corrections and resubmit the Application. 'Ten days alter presentation of the Application for Payment to OWNER with ENIGINEER's reconunendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when clue will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment ltiquested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINE-ER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief. 14.5.1, the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination 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 CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle O\NIER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRAC'TOR's 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 of prfornance of Work, or for any failure of CONTRACTOR to perform or funlish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER stay also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1, the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13,14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CON 'TRAC'FOR's performance or furnishing of the Work, 14.7b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNE72 to Secure the saisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or 14.7.5. 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 2.1 through 15.2.4 inclusive; but. OWNER must give CONTRACTOR umnediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion 14.5, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the came 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, CONTRACTOR and ENGINEER shall make on inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E7CDC GENERAi. CONDITIONS 1910-5 (1990 r6s,v) 30 11/01YOFFOR'rCOEI,INSMODIFICATIONS(IiGV4i2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix die date of Substantial Completion. There shall Ix 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 make written objection to ENGINEER as to any Provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Wcuk is not substantially complete, ENGINEER will within fourteen days after submission of the tentative cert frcate to OWNER notify CONTRACTOR in writing, stating fie reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen clays execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to he completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believesiustified after consideration of any objections Gom OWNER. Al the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written 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 1iNGINEER in writing prior to ENGNEER:s issuing the definitive certificate of Substantial Completion, ENGINEER'.s aforesaid recommendation will le bindius on OWNER and CONTRACTOR until final payment. 14 J OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to wnnplete or correct. items on the tentative list. Partial Ufitiurtion: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii)OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S perfomnance of the remainder of the Work, may be accompplished prior to Substantial Completion of all the World subject to the following: 14.10.LOWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such Fort of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part 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 time after either such request, 0WN13R, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. IC ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.5 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division 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 5.15 in respect of property insurance. Final Inspection: 14.1 L Upon written notice firom CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make it final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR on writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately lake such measures as are necessary to complete such work or remedy such deficiencies. 1:rnaL4pplicafion,%or Payment: 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph G.19) and other documents, CONTRACTOR may make application for final inyment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) nld documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph5A.13, (H)consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and afficlavit of CONTRACTOR that: (n) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness corrected with the Work Cor which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails MCDCGENERAL CONDIIIONS 1910-8 (1990 Edition) w/ CIT1' OE PORT COLLINS MODIFICATIONS (RIiV 42000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond of other collateral satislhctory to OWNER to indemnity OWNER against any Lien. Releases or waivers of liens and the consent of the surety to f a ize pasament_are to be submitted on forms confomringt� the format of th@ O\VNER'S gtandard forms bound ill the Project manual. Prom(Papatent and Aceeptarce: 14.13. If, on the basis of ENIGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompnnying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CON'TRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten clays after receipt of the final Application for Payment, indicate in writing ENGINEER's 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 Work is acceptable subject to the provisions of paragraph 14,15. Otherwise, L'NGINLER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessay corrections and resubmit the Application. Thirty clays after presentation to OWNER of the Application and accompanying documentation, in appropriate form end substance and with ENGINEER's recommendation and notice of acceptability, the amount reconunended by ENGINEER will become due and will be paid by OlWFR to CONTRACTOR subject -to Inraeraph 17.6.2 of these Crenesal Conditions. 14,14. If, through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's hand Application for Payment and recommendation of ENGINEER, and without termtnafing 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 frilly completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made nuclei the terms and conditions governing final I.nymere, except that it shall not constitute a waiver of claims. Waiver of Claims: 14,15. The making and acceptance of final payment will constitute: 14.15.].a waiver of all claims by OWNER against CONTRACTOR, except claims arising Cron unsettled Liens, from de%ective Work appearing 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 therein, or from CONTRACTOR's continuing obligations under the Contract Documentst and 14.152A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15S-SUSPENSION Or WORI: AND TFU MINATION OWNER May Suspend )Fork: 15.1. At any time and without cause, OWNER tray suspend the Workor any portion thereof for a lencid of not. more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I and 12. 06VNER MKv Terminate: 15 2. Upon the occurrence of any one o more of the following events: 15.2.1. if CDNTRACI'OR persistently fails to perfomr 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 where to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); L5.2.2. if CONTRACTOR disregards Laws or Regulations of any public body havingjurisdiction; 1523, if CONTRACTOR disregmcis the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, ater giving CONTRACTOR (and the surety, if any) seven days' tvriten notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid MCDC GENERAT. CONDITIONS 1910-5 (1990 E(Uliai) 32 1,/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000) CON FACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any farther payment until the Work is finished. If die unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be ]mid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such elauns, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incogomted in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to Obtain the lowest price for the Work lerfomred. 15.3. Where CONTRAC'TOR's services have been so terminated by OWNER, the temnination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or paymentof moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of ONVINMR, elect to terminate the Agreement In such case, CONTRACTOR shall be paid (without duplication of any items): 15A.1. for completed and acceptable Work executer) in accordance with the Contract Documents prior to the effective date of tennhmtion, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. lot expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in eomnection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contacts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly 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 from such termination. CONTRACTOR May Stop (York or Terminate. 155. If, through no act or fimlt of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submittal or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be clue, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Alit cement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty clays to pay CONTRACTOR any sun finally determined to be clue, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amourlts clue CONCRAC"fOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CON RACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR 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 as set forth in L'xhibitGC-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 911 1 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--IVIISCELLANTOUS Lining Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fiat, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified trail, postage prepaid, to the lastbusiness address known to the giver of the notice. 17.2. Computation of Time: 17:2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the past day of any such period Gills on a Sauuday of Sunday o, on a day made a legal holiday by the law of the applicable jurisdiction, such day will be emitted from the computation, IOC DC GENERAL CONDITIONS 1910-8 (19901ch im) W I CITY OF FORT COLLINS MODIPICA'I IONS (REV 4(2000) 1Z2.2. A calendar day of twenty-four hours measured 1Yont midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other patty's employees or agents or others for whose acts the other party is legally liable; claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuundative Renter(iea: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6,32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are it 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 Specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court CostvIne(uded: 17.5, Whenever reference is made to "claims, casts, losses and damages", it shall include in each case, but not be bruited to, all fees and charges of engineers, architects, attorneys and other professionals and rill court or arbitration or other dispute resolution costs. 17 6_The, laws of the State_of Colorado applL Lo this Aereenient Reference to two nerlineffi Colorado statutes are as follows -- 17.6.2. If a claim is fled, OWNER is required,hy paw {CRS 38-26-107) to wi lthold from all nayments to CONTRACTOR sufficient funds to n_sue the payment of all claims for labor, materials, team hire susfennnce, provisio _ Vrovendet,_or other supplies used c consumed by CONTRACTOR or his 33 34 E.ICDCOFNERM. CONDITIONS 1910.8(1990Fci[i,,) 1W CITY OF PORT COLLINS MODIFICATIONS OUtV 42000) (This page left blink intentionally.) EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 35 m/ CI'CY OF FORT COLLINS MODIFICA'1]ONS (RrV 4/2000) 36 MCDCGRNGRAI, CONDITIONS 1910-8 O990Gditiai) w/ MY OR PORT COLLINS MODIFICATIONS ftV 4Q000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLVE ION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is intended to include the following agreement of the parties: 16.1, All claims, 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 clainns which have been waived by the making or acceptance of final payment as provided by paragraph 14,15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration .Association then obtaining, subject to the limitations of the Article 16. Phis atareemenl so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable tinder the prevailing Inv of any courthaving jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter 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 which ENGINEER has rendered a written decision or (bi) the thirty-first day after the parties have presented their evidence 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 clays after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand mbitration within said thuty days' period will result in ENGINEER'S decision being final and binding upon ORtNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proccedings, except where the decision is acceptable to the parties com emecl. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice. of intention to appeal as provided in paragraph 9.10, 16.3, Notice of the dennand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matte in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such chain, d spute or other matter in question would be tarred by the applicable statute of limitations. 16.4. Except as provided in paragraph 16,5 below, no arbitration arising out of of relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4,1, the inclusion of such other person or entity, is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already patties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER 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 described in such consent or to arbitration with any party not specifically identified in such consent, 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OW LATER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party, to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts requirecl by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16,5 not in the provision of such subcontract consenting to joinder shall create any cli in, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGTNEERR Consultants that does not otherwise exist. 16.6, The award rendered by the arbitrators will be him), judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising outof 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 then initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties, The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time lun its and shall remain suspended until ten days alter the termination of the mediation, The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. EICDC GENERM, CONDITIONS 1910-5(1990 Editi e GC-. w/ CITY OF PORT COLLINS MODIFICATIONS (I2Ey 9/99) 4/10/2008 Item Description Unit of Estimated Unit Item Number Measure Quantity Cost ($) Cost ($) 134 Komatsu 800 Rental MO 3 16,800.00 50,400.00 A = Predetermined Allowance C = Changed After Contract Reconciliation to Correct TOTAL ESTIMATED PRICE $ 5,795,127.32 Page 3 of 3 FJCDC GENERAL CONDIIMONS 1910-5 (1990 rdition) w/ C1TY OF FOR'L COLLINS MODIFICATIONS (RX-V 9/94) GC Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS CIPO WO#2 — RFM & Kane Ponds February 2008 00800-1 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 (rev. 9/99)) and other provisions of the Contract Documents executed under the P951 Water, Wastewater, and Stormwater Utility Infrastructure Improvements Master Contract dated December 6, 2004. Unless included in this work order, all work performed under this work order shall be conducted in accordance with the technical specifications of Work Order No. G-CIPO-2008-1, Canal Importation Ponds and Outfall — Work Order #1 Pre -Irrigation Work. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. ... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified deficiencies corrected. SC-1.43.A Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order—Awrittendocument executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8 Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawing and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10, Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10 Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of the Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing CIPO WO#2 — RFM & Kane Ponds February 2008 00800-2 Supplementary Conditions the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 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: A. Canal Importation Channel Corridor; Ground Water Monitoring Wells, CTL Thompson, 9/22/2006. B. Ground Water Investigation; New Mercer Ditch Improvements, CTL Thompson, 9/27/2006. C. Groundwater Investigation; New Mercer Tunnel and Pipeline, CTL Thompson, 10/11 /2006. D. Ground Water Monitoring Wells, CTL Thompson, 5/22/2007. E. Geotechnical Investigation, Canal Importation Ponds and Outfall (CIPO) Glenmoor Drive, West Elizabeth Street, Castlerock Drive and Prospect Road Fort Collins, Colorado, CTL Thompson, 3/23/2007. Contractor may rely upon the accuracy of the technical data contained in the documents, but not upon non -technical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties orentities as additional Insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1.The City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2.Anderson Consulting Engineers, 700 Whalers Way, Suite 200, Fort Collins, Colorado 80525 5.4.7.3.Ayres Associates, 3665 JFK Parkway, Building 2, Suite 200, Fort Collins, Colorado 80525 SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: CIPO W O#2 — RFM & Kane Ponds February 2008 00800-3 Supplementary Conditions 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000 / $100,000 / $500,000. 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9. This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR'S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately following paragraph 6.14.2 of the General Conditions: 6.14.3.1. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR'S duty and responsibility for compliance thereto: 6.14.3.2. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado, has been issued by its office and there shall also be procured from the Colorado Secretary of State a photostatic or certified copy of the designated place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3 The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-6.35. Add the following new paragraphs immediately following paragraph 6.34 of the General Conditions: 6.35 Federal Requirements. As applicable, and as may be required for any Work Order, CONTRACTOR agrees to the following additional requirements. 6.35.1. CONTRACTOR agrees that he is subject to the provisions of the Williams -Steiger Occupational Safety and Health Act of 1970 and related program requirements, as included CIPO W O/#2 — RFM & Kane Ponds February 2008 00800-4 Supplementary Conditions in Appendix A of the Supplementary Conditions. 6.35.2. CONTRACTOR agrees to utilize the rural Area business Development Plan, as included in Appendix B of the Supplementary Conditions. 6.35.3. CONTRACTOR agrees to the Prohibition Against Listed Violated Facilities, as included in Appendix C of the Supplementary Conditions. 6.35.4. N/A CIPO WO#2 - RFM & Kane Ponds SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions. 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2 and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. 12.3 ... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.1. Add the following language to the end of paragraph 14.1 of the General Conditions, 14.1. Schedule of values ... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the CONTRACTOR for mobilization in the first progress payment. END OF SECTION CIPO WO/#2 - RFM & Kane Ponds February 2008 00800-5 Supplementary Conditions APPENDIX A W ILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A. AUTHORITY (1) The CONTRACTOR is subject to the provisions of the Williams -Steiger Occupational Safety and Health Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following: a. Williams -Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of the Title 29, Code of the Federal Regulations. C. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. SAFTEY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of the construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location and agenda to be included. Attendance by the OWNER, architect, general foreman, shop steward(s) and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foremen shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries or health hazards to the owner and architect or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein. CIPO W O#2 — RFM & Kane Ponds February 2008 00800-6 Supplementary Conditions APPENDIX B RURAL AREA BUSINESS ENTERPRISE DEVELOPMENT PLAN The Contractor agrees and is required to utilize the following affirmative steps: A. Placing Small Businesses in Rural Areas (SBRA) on solicitation lists; B. Ensuring that SBRAs are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; D. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; E. Requiring the contractors if it awards subcontracts, to take the affirmative steps in subparagraphs A. through E. of this condition. CIPO WO#2 — RFM & Kane Ponds February 2008 00800-7 Supplementary Conditions APPENDIX C PROHIBITION AGAINST LISTED VIOLATED FACILITIES A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports and information, as well as other requirements specified in section 114 and section of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) That the best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et sec.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions or other requirements which are contained in, issued under or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 1857c-5(d), an approved implementation procedure or plan -under section 111(c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building plant, installation or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. CIPO WO##2 — RFM & Kane Ponds February 2008 00800-8 Supplementary Conditions SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 Contract Change Order 00960 Application for Payment CIPO WO#2 — RFM & Kane Ponds February2008 00900-1 Addenda, Modifications & Payment Table of Contents SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: Canal Importation Ponds and Outfall —Work Order#2 — RFM & Kane Ponds To: Gamey Construction 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 fifteen (15) calendar days from receipt of this notice as required by the Agreement. Dated this 281' day of March, 2008. The dates for Substantial Completion and Final Acceptance shall be December 31. 2008 and March 2 2009, respectively. Citv of W Collins OWNE \ DeA Saye Title Project Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged thisday of 2008. CONTRACTOR Scott D. Terry By: Senior vice President Gamey Construction Title: CIPO WO#2 — RFM & Kane Ponds February 2008 00530-1 Notice to Proceed SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Canal Importation Ponds and Outfall —Work Order #2 — RFM & Kane Ponds CONTRACTOR: Garvey Construction, Inc. PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: Contractors Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: APPROVED BY: Purchasing Agent over $30,000 cc: Project File Contractor Purchasing CIPO WO#2 — RFM & Kane Ponds February 2008 00950-1 IN DATE: IN Im DATE: $ 0.00 0.00 0.00 0.00 $ 0.00 Contract Change Order O `o w m a w G w O w z m (�F�+ zzz 0 0 0 m U wZ M a¢mw Fy 0000 O ODw W a M m w O O a m w w ¢ ¢¢ao a27 CJ t7 r n N N V S m m r N in o v v $ ai 3 c > r Y = O b 0 �1-0 N ON tv ry U'�� 9_ N o 0 t o W v p a ,; m'o E m❑ 4 Q 2 a� mU O N U C O my m - v N W a W Z W N OU a L L° O LL Q C�'l LL O E m `v c E m y K a O O O tt Z v° m U ¢ v A m a h v Z O U ¢ 3 w 3 j m� o s rnU 2 E a mc° w 3uoi ci a` D od m v a n a' v 'o' OO ora. cv w ortt 'm v h `m v 0 oo m a v m m m m m 9 m O F e O a N Z y w N m N pD- m ov0 6 uF2 $ v p NO 00 N U� O Q m O E c LL o= N r_ o O c 0 U w < O y w E E Q a U U Or uU. Q n tOi N C Q� � j j w w U Z O v v m m 41 a' W U W w 2 m U U Y o W W Z , N a:a O N Z ZU- w m y .[0 m ^' E w N E ^1 K z 2 '0 a 0 w 0 z 0 0 i= $ n E U u E 9 0 02 O a` 2 0 �o a E D 0 r E E � u U� 7 O D O I L U � o Uao _ aov oE v'a°���m m� w-wv�o�Y UOU v ovm16 o iu`vtt9 a` o OUQ rF1=>n °iF-ai F 0 N v �v U d � a U m c N C O N U E v tt c v 'o E o ¢ 0 m F D c m d 0 0 0 v 4 c v O o c 0 E v ¢ a � T C N_ d 7 N E O E E ¢ O a 9 O d m V C O A `c m d 0 a N O v # my 00 I i No Text DIVISION 1 - GENERAL REQUIREMENTS SECTION 01110 SUMMARY OF WORK SECTION 01140 CONTRACTOR'S USE OF PREMISES SECTION 01180 UTILITY SOURCES SECTION 01270 MEASUREMENT AND PAYMENT SECTION 01310 PROJECT MEETINGS SECTION 01320 CONSTRUCTION SCHEDULES SECTION 01330 SUBMITTALS SECTION 01425 STANDARD REFERENCES SECTION 01450 MATERIALS TESTING SECTION 01520 FIELD OFFICES FOR OWNER SECTION 01555 TRAFFIC REGULATION SECTION 01580 PROJECT SIGNS SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS SECTION 01650 MATERIAL DELIVERY, STORAGE, AND HANDLING SECTION 01710 SITE CONDITIONS SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION SECTION 01720 FIELD ENGINEERING AND SURVEYING SECTION 01745 ENVIRONMENTAL CONTROLS SECTION 01780 CONTRACT CLOSE-OUT CIPO WO#2 — RFM & Kane Ponds February 2008 Table of Contents Division 1 General Requirements SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.01 SECTION INCLUDES A. Site location and description. B. Project description. C. Scope of work and work sequence. D. Underground utilities. 1.02 SITE LOCATION AND DESCRIPTION A. Kane and Red Fox Meadows Basins 1. The site of the work is located approximately at the intersection of Prospect Road and Taft Hill Road, Fort Collins, Colorado as shown on the Drawings. 2. The site is in the Canal Importation Basin in west central Fort Collins, Colorado. 1.03 PROJECT DESCRIPTION A. Red Fox Meadows Basin work includes but is not limited to: 1. Excavation and haul -off to construct Red Fox Meadows Pond. 2. Construction of Red Fox Meadows Pond embankment. 3. Construction of a cofferdam and decant system in Red Fox Meadows Pond. 4. Removal of existing and construction of new 8" and 16" sanitary sewer lines. 5. Relocation of 12" water line. 6. Removal of existing 33", 42", and 60" storm sewer piping. 7. Construction of an underdrain system. 8. Construction of New Mercer Ditch Side spill weir and permanent TRM and seeding. 9. Final shaping and subgrading of pond surface. 10. Removal and replacement of topsoil and wetland topsoil. 11. Import and place topsoil. CIPO WO#2 — RFM & Kane Ponds Summary of Work February 2008 01110-1 12. Construction of wing walls and headwalls for 8"x4" box culvert. 13. Other items incidental to the above work items including surveying, erosion control, clearing and grubbing, stripping and stockpiling topsoil, dewatering, excavation and backfill. 14. All other items set forth in the Specifications and Drawings. B. Kane Basin work includes but is not limited to: 1. Excavation and haul -off to construct Kane Pond. 2. Construction of Kane Pond embankment. 3. Construction of a cofferdam and decant system in Red Fox Meadows Pond. 4. Construction of 30 "storm sewer and inlets along Prospect into Kane Pond. 5. Construction of 48" storm sewer at the intersection of Prospect and Taft Hill. 6. Construction of an underdrain system. 7. Final shaping and subgrading of pond surface. 8. Removal and replacement of topsoil and wetland topsoil. 9. Construction of a haul road with tracking pad at Prospect Road. 10. Construction 36" and 42" storm sewer to Red Fox Pond. 11. Set-up of office trailer and on -site power drops 12. Other items incidental to the above work items including surveying, erosion control, clearing and grubbing, stripping and stockpiling topsoil, dewatering, excavation, backfill, and placing topsoil. 13. All other items set forth in the Specifications and Drawings. 1.04 WORK SEQUENCE A. The Work Sequence is to be submitted as part of the construction schedule required in Section 01320 (Construction Schedules) and Section 01330 (Submittals). Construction of the project shall begin within seven (7) calendar days of the date of Notice to Proceed. B. The CONTRACTOR is required to excavate the Red Fox and Kane detention basins. CIPO WO##2 — RFM & Kane Ponds Summary of Work February 2008 01110-2 1.05 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities along the route of the work and to coordinate the construction schedules with these utility owners. See Section 01180 for a list of Utility Sources. B. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. A. The CONTRACTOR shall field verify all utilities and coordinate construction with utility owners prior to starting construction. The CONTRACTOR shall be responsible for protecting utilities during construction and scheduling utility adjustments to eliminate conflict with progress of the work. Any damage to existing utilities shall be repaired at no additional cost to the OWNER. C. The CONTRACTOR shall notify the ENGINEER immediately of any field condition not consistent with the contract documents. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2— RFM & Kane Ponds Summary of Work February 2008 01110-3 SECTION 01140 CONTRACTOR'S USE OF PREMISES PART1 GENERAL 1.01 SECTION INCLUDES A. The CONTRACTOR may use the OWNER's property designated within the construction limits shown on the Drawings for equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meets the following requirements: Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premised. 3. Move any stored products which interfere with operations of the OWNER. 4. Obtain and pay for use of additional storage or work areas needed for operations. 1.02 LIMITS OF CONSTRUCTION A. The CONTRACTOR must maintain all construction activities within the OWNER's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the CONTRACTOR, from appropriate authorities or private property owners, outside of these areas. Contractor shall fence all easements and work areas. Fences shall be substantial in size and type to prevent injury to persons and animals and prevent domestic animals (i.e. horses, cattle, livestock, etc.) from entering in or across the construction site. The temporary permits must be secured and paid for by the CONTRACTOR at no extra cost to the OWNER. Any temporary permits secured must be in writing and a copy of same provided to the ENGINEER. 1.03 SECURITY A. The CONTRACTOR shall at all times be responsible for the security of his facilities and equipment. The OWNER will not take responsibility for missing or damaged equipment, tools, or personal belongings of the CONTRACTOR. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO#2 — RFM & Kane Ponds Contractor's Use of Premises February 2008 01140-1