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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 6116 ROBERT BENSON RESERVOIR DAM IMPROVEMENTSFinancrvices City Of Purc6as�ng Dnwon Purchasing g Di8isi Fort 215Y Mown St0522 or PO Box 590 Collins Port CollinsnCO 80522 /V1� 9702216775 / `` 970221 6707 07 Purchasing lcxo, eondrurcharm( ADDENDUM No 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6116 Robert Benson Reservoir Dam Improvements OPENING DATE 3 00 P M (Our Clock) October 16 2008 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made Contractor Pre -Qualification Statement As part of the bid submittal Contractors shall provide a statement of qualifications that addresses the following This shall include a letter signed by a person in responsible charge of the company verifying similar experience to that of the Robert Benson Reservoir project 1 Provide reference to at least two other projects of similar scope completed within the past 5 years This must include State of Colorado — State Engineer regulated dams 2 The projects must include replacement or modification to dam outlet works 3 Provide documented experience working with State Engineer requirements for jurisdictional dams 4 Provide for a complete description of your company s role on the project work performed value of work completion schedule and owner references with contact information These prequalification questions and requirements shall be considered inclusive and part of Section 00420 Statement of Bidders Qualifications According to Section 00100 Instructions to Bidders Part 17 0 Award of Contract the city reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner Clarifications and Addenda Items Q What are the city s expectations having the traffic control line item in the bid? A The city will require the contractor to submit a method of handling traffic (MHT) as part of the required submittals for the project This plan should address access to and from the jobsite through the adjacent residential development Specifically the traffic control plan should provide for proper safety provisions for vehicular bike and pedestrian issues as the contractor hauls materials/equipment through this development Contractors should 0 How much filter material is going to be required over the toe dram pipe') I see that the detail shows it stopping a minimum one foot below surface grade, Is there a maximum depth from the surface to the top of the filter material, or a minimum height of the filter material over the pipe) A No The filter material shall be installed per the detail 3/12 on sheet C11 The filter material height over the top of pipe will vary according to the pipe and surface grade However at no point shall there be less than 1 foot of filter material over the dram line o Are there to be pipes installed from the sand filter collar to the headwall') Is the sand to continue as pipe bedding from the collar to the headwall9 How does any water which is collected in the sand collar get out of there) A Please see the revised Sheet C 9 Principal Outlet Works Plan and Profile for the design of the sand dram for the cutoff wall The drain shall consist of ASTM C 33 sand installed a minimum of 12 inches around both the steel and the PVC pipes This sand dram shall connect to the gravel pack around the toe drain which will drain all flows to the concrete headwall at the outlet of the steel pipe Please include the material and installation costs of this sand drain in the respective Bid Schedule line items for the Principal Outlet 24 inch C200 Steel Pipe — Item 16 and Irrigation 10 inch C900 PVC Irrigation Pipe — Item 26 Q Is the concrete sand cutoff wall to be installed to a width which provides one foot into undisturbed soil to an elevation of 6 ft above the tallest pipe or should it be bid as 11 If wide square per the drawing) A The concrete sand cut off wall should be installed to a width which provides one foot into undisturbed soil to an elevation of 6 ft above the tallest pipe The quantity of sand listed in the Bid Schedule reflects this requirement with the assumption that the trench extends 1 foot outside of the concrete encasement with the sand wall extending a further 1 foot into undisturbed ground A revised Sheet C9 showing the true length of the wall is attached Q At what point does the pipe bedding detail begin and end and on which pipes is this required) A The pipe bedding detail is only applicable to the irrigation pipeline from STA 0+00 to approximately STA 1+60 Please refer to sheet C10 Q Does the CY of rip rap include the rip rap bedding materials A No The bedding material and geotextile fabric shall be included in the unit cost of the nprap The quantity of bedding and fabric may be estimated from the plan and sections of the nprap areas and Details 3/13 and 4/13 a If there is variation in the earthwork quantities from the bid documents that can be documented by surveys, will this be considered as unit price payment or will this be a lump sum per the drawings the way the measurement and payment spec reads') A The specification (Section 01270 Item 14) and Addendum No 1 are clear with respect to how the excavated material will be measured and paid for The item is not listed anywhere as lump sum construction is .specifically and expressly called for by the ('anfraa DO 31171Mia) or to Oleo, precautions or programs incident theca. 'rhe review and approval of a separate item as such will not indicate approval of the aaaarmhly in which the item functions. CONTRACTOR shall make corrections required by ONGINEER, and shall return the required number or corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall duce specific attention in writing to revisiore other than the corrections called fur by ENGINEER an previous submittals. 627- FNGINEFR's review and approval of Shop Drawings or Samples shall not relieve C(.1,N'1'RA(71'OR from responsibility tar any venation from the requirements of the Contract Documents unless CONTRACTOR has m %vfirmig, called ENGINFER's attention to each such variation at the lane of submission as required IT, Paragraph 6.25,3 and ENGLNEER has given written approval of each such variation by a specific written notation thereof incorporated at w accompanying the Slop Dravvi g w Sample apprmel; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility, for complying with the requirements of paragraph 6.25.1. 6,28, Where a Shop Drawing or Sample is required Iry the Contract Documents or the schedule of Shop Dmwing and Sample submissiars accepted by FNGINFER as requirW by pargmph 2 Q, any related Work pertommed prior to ENGINEER's review and approval of the pertinent submitml will he at the sole expense and responsibility of CONTRACTOR. Continuing the Work, 629. CON"I'RACI'OR shall retry on the lkark and adhere to the progress schedule during all disputes w dissacom<mt, with OWNER. No Work shall he delayed or postponed pending resolution or any disputes ofdlsagrevment,, except n permitted by paragraph 15.5 Or as OWNER and CONTRACTOR may otherwise agree in writirm G3a CO,VTRICTORvv General IFarrnntr and Guarantee. 6301. CONTRACTOR warrants and guarantees to OWNER, L'i GINEER and bNGLNEER's Cwsulants Thar all Work, will he in accordance with the caramel Document, and will am be dejactn•e. CON RACTOR's warranty and guarantee hereunder excludes defects w damage caused by 630.1A. abuse, modification or imProm - Milimenance Or operation by persons Other than CONTRACTOR. Subcontractors or Suppliers• or 6.30A.2. normal wear and fear under normal usage. 6.3n_2. CONTRAC'I'OR's obligation to pcdonn and complete the Work in accordance with the Ccmtract Documents shall he ahsolute. None of the following will constitute an aarptance of Work that is not in FJCW GFNF.RAI. CGMaT10N5 19104 (1 M F,SNm1 we aTY OF FORT CnW N5 MOrmICATION517tEY J ZO,) accordance with the Contract Dwwamlents or a release of CONTRACTOR's obligation to perform the Work in accordance with the C'nrumct Documents 6.30.2.I observations by ENGA'EER 630.2.2. recommendation of any progress or final payment by HNGINEERI 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by UAWER to CONTRACTOR under the Comract Doammeam 6.30! 2,4 use or Occupancy of the Work car any Pan thereof by OWNER, 6.30.2.i any acceptance by OWNER or are failure to do so, 6.30.26 any review' and apprawal of a Shop Drawing or Sample submiesl w the issuance Of a mice of acceptability by ENGINEER pursuant to paragraph 14. 13, 630.2.7. any, inspection test w approval Iw others-, or 6302.8 env correction or rkfecth•e LVark by OWNER. Indemnification: 631. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall irdcmr;ify and hold hamtlesv OW Nlz FNGINEHR, FN(IWfiHR's Comullants and the officers, directwa employees agents and ether consultants of each and an)- of them from and agnirst all claims, cost,, losses and damages ('including, but not limited to, all fees and charges of engineers. architects. attorneys and other professionals and all court m arbitration or other dispute resolution costs) caused by_ arising out of or rmitine tiom the pertbrmance of the Work. p"rded that any such claim, cat, lass or damage. (1) is altribuabia to kiddy injury. sickness. disease or death or to injury to ordestruction of tangible propcny (other data the %Vwk iseh), including the lossof use resulting therefrom, and (if) is caused in whole or in part by any negligent act Of omission of CONTRAC"TOR, any Subcontractor, any Supplier, any person or ornsammoon directly or indirectly employed by any of them to perform Offamish an)of de Wwk or anyone for whose acts may of them may be liable, regardless of whether or not caused in pan byy any negligence orission of a person or entity indemr;11ed mission hereunder Or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of anv such person w entity 6.32 In am' real all claims against OWNER or INGWEGR or any of their respective considaras agent% Officers. directors tee employees by saw employee for the our ivw of personal representative of such emmployec) of CONTRACTOR, any Subcontractor, aav Supplier, any person Or Orgarazation directly or indirectly employed by 17 any of them to perform or furnish any of the Work ur anyone for whose acts any of them may be liable. the mijomnifi©tion obligation under paragraph 6.31 shell not he limited in any way by any limitation o the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier ra other person or orgatnzation udder workers' compensation acts, disability benefit ads or other employee benefit acts. 633. The inlemnificatitn obligations of CONTRACTOR urakr peragauph 6.31 shall not extend to the liabitiq of ENGINEER and ENGINEER's Consultants officers, directors employees m agents caused by the professional negligence, crras ca can fissions of any of them. Sandia! of Obdiganons., 6.34. All representations, indemaficatios, warranties and guarantees made in, required by or given in au ordancc with the CwYract Document& as well as all cuminuurg obligations indicated in the Contract Docues. w•JI survive finial payment compleum and acceptance of the Work and temiinalim or eompleum of the Agreement. ARTICLE 7—OTHKR WORK Related Work N Site 7.1. OWNER may pent other work related to the Project at the site by OWNER's own Caress m let other direct contracts therefor which shall contain General Conditions similar to these. or have other work performed by utility owners, if the fact that such other work is to be perfumed wvs met noted in the Contract Documents. then: (i) %semen notice thereof will be given to C ONTRAM'OR prior to starling any such other work and fil)CONfRACfOR may make a claim therefor as provided in Articles t I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR rr requires additional time and the parties are unable of agree as to the amount or extent thereof. 7.1 CONTRACTOR shall afford each other contractor who is a party to sudu a direct contract and each utility owner (and OWNER. if OWNER is performing the additional work with OWNER's employes) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equgimem and the execution of such other work mid shall properly connect and coordinate the Work with theirs. Unless atherwi%e provided in the Contract Documents, CONTRACTOR shell do all cutting fitting and patching of the Work that may be required to make ns several puns tonne together properly and integrate with such other work, CONTRACTOR shall not endanger any work of others by culling excavating u otherwise allerirm their work and will only cut or diet their work with the written consent of FN(=1NAF,"R and the ohm whose work will to affected - the dais and rcTorrubilities of CONTRACTOR unit tins paragraph are lot the haiefit of such utility owners and other outmcters to the extent thmt there are crompamble F.nCDC(:FNFRAL COMNT10Tta 191a$r1990Fi1iim) IS rvi CITY OF FORT COLLIM MODIFICATIONS IJthv 4e OOo1 provisions for the benefit of CONTRACTOR in said direct commons between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any pan of CONTRU'TOR's Work depends upon work "formed by others under this Article 7, CONTRACTOR shill inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other wort: that render it unavailable or unsuitable for the proper exuutio and results of CONTRACTOR's Work. CONTRACTOR's failure sot to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work ,Nccpt for latent or nonapparcm defects and deficiencies m such other work. Coorrtination: 74if OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplemeruary Conditions' 7.4.1. the person, firm or corporation who will have authority and respmsihility for coordination of the activities among the various prime contractors will be identified: 7A.2 the specific mattes to he covered by such authority and responsibility will be itemized. and 743, the erocm of such authority and responsibilities will be provided Unless otherwise provided in the Supplemenmry Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE &-OWNER'S RESPONSIBILITIES S I Except as otherwise provided in these General Corxhtions. OWNER shall issue all communications to CONTRACTOR through ENGINEER. F.'_to case of termination of the employment of ENGINEER- OWNER shall appoint en engineer agumst AOR whose rates under the ('ontmo Dooments shall he that of the former ENOI NdER. 8.3. OWNER shall tannish the data required of OWNER under the Contend Documents promptly and shall make payments to CONTRACTOR prmiplly when they are due as provided in paragraphs 14.4 and 14. 13. 8.4. OWW'NER's duties in respect of providing lands and easemenu and providing engineering surveys to establish reference pints are set forth in paragraphs 4.1 and 44 Paragraph 4,2 refers to OWNER'.s idenubW and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in txiaing structures at or continuous to the site that have been utilized by ENGINEER in prerenn¢ the Contract Documents. and mflulNnnrtg Imbtl[ty-aid property irnsurenee are set 8.6_ OWNER is obligated to execute change ()rdas as indicated in paragaph 104 6.7 OWNER's resNnubihly in respect of certain uupections, tests and apprua-als is set forth in paragraph I3.4 h'.g. In cwtrxctrm with OWNER's right to stop Work or suspend Work, sec paragraphs 13, 10 and 151. Paragraph I i I deals with M'NER's right to ter-mmutc services of CONTRACTOR uridr ®rtain cucwnmames 8.9 The OIVT.T R. shall not supervise, drect o' have control or authmity over, nor be responsible tie, CONTRACTOR's meant methods, techniques sequences a procedures of construction or the safely precautions and progams incident thaeto, Of for any failure of CONTRACTOR to amply with Laws and Regulations applicable to the furnishing or performance of the Wurk. OWNER will not I-, r(spmstblc for CONTRACI'OR's failure to PeOlm or fumi,ll the Work in accordance with the Contract Documents. negrensdri}H lsbeslos. PCBs, Rwoleum:-}Iamrdows Waste ax RadintMive Materials urtcsrvered or revealed at the site is set forth in paragraph 4 S F.11. If and to the exWft OWNER hes srerh I [n famish giti`+ 'T"Ahe Suplalemenmry CerMitiala. ARTICLE 9—ENGINEER'S STATUS DtWNG CONSTRUCTION 0WAY'R's Repreaentatrr•e: 9.1 F,NGINF.Ek will he OW'NER's representative during the construction period. The duties and responsihlitics and the limitations of authority of GNGCNTiER as OµNER'.s representative during mnmerUCE1011 are act forth in the Contract DoCunncnt, and shall nil be eMended without written consent of OWNER :end ENGNEER 1 lvitr to Site: 9.2. F'NGINFER will make visits to the site at intervals npfropnate to the various stages of cnrtstruttinn as k'NGINHER deems necessary in order to observe as an experienced and qualified design professional the progress FJtW GFI a.(bNOl 11CWN 19104 119911 F.dtimt a• CITY OF FORT COW leS MCIDffICATIONS tREV aRWxrI that has been made and the quality of the various aspects of CONTRACT'OR's esectiwd Wort. Based on information Manned during such visits and ohsmsums. ENGINEER will endeavor for the henefit of Gµ'NF.k to determ me, in genr.IL if die Work is preceding in xecedlmce with the Coraract Documents ENGMEER will not be required to make e4haustive or concur ous on - site inspections to check the quality w quantity of the Work. ENGMER'.s efforts will he directed toward providing; for OWNER a Beata degree of emfd,w, the, the completed Work will c,dom, geromlly to the Contract Dewtrmer ls. On the basis of such veils and ors site observations, F,N(:INEF:R will keep OWNER unformed of the progress of die Work and will endeavor to guard OWNER against rffecm•a Work. ENCiINV.ba', visits and onauc observation, are subject to all the limitations on ENGINF,ER's authority and responsibility set forth in ptmemph 9.13. and portialarh. but wit"t limitation• during 01as a result of ENGNEERRs on -site visits or observations of CONTPLWTOR's Work ENGINEER will nor supervise, direct, control cr have authority wee or be responsible for CONI'RACTOR's means. methods. techniques. sequences or procedures of con'unICUon or the safety precautions and programs incident thereto, or fir any tailure of C'ONT'RAC'1'Ok an comply with LatvB and kegulations applicable to the mmsh fi,ng.rporfonmanecofthe. Work. Pmjetl Representative: 9..3 If OWNER and ENGINEER agree, RNGINEM will furnish a Resident project Represenlatrve to asset ENGLN'EER in providing moro continuous obsxv,linn of the Work. The responsibilities and audlarih' and limitations thereon of any such Resident Reject Representative and assistants will be as provided in pemgaphs)3 and 9.13 G:aaditierar •a.�R i of these General conditions If OWNER designates another represenn tive or agent to represent OWNER at the site who is net ENGINEF:k's Consultant. agent or employee, the respolssiltilities and authority and limitations thereon oC such Wier pawn will be as provided in a Resident ftoiecl Reprres_enntative.-(RF'R) -a 93-1-- The, Representative's_ drglings._ in_ matters penaini_rgto the on_site workwill. ingeneral, Is- with the LNGWEER_and CONTRACTOR ➢ut,_ the Rwgestttiatty will _keep the QitrNTR__ prpperly adviseed . about such _matters Tht_e_Reprevemative n dealings with suMontractnrs ill Nv b the or Lnth_Ihe_ lull _lam}vledge_. andapTvpva_I of the CONTRACTOR 932. _ihnu. and Rnponsibilincs. Rc imativc will, 97�LSc$edules - Res•iew the p_*eres, 1? schedule and other schedules caeca ed by the CONTRACTOR and consull with the ENGINFF,R mnerning accep[ahility. 0.3 2.21, Confctenccs aW Meeting - Attend meeting._with_rhe_{,'ONTRICTQR_ sych as fnccornt.rumon 4onferetim. prag,[Ecs . wet VW Ind _otheC-fob curlcrenrzg,.erxl-. prepare and auw_I@te_gopl�s_q_f rmptuter of me<tirgs 9.32.3. Liman 93131 Serve av ENGINEER'S liaison with CONIRACTOR, wwkinc tmmMlly through CONTRACTOR'S spa ntendent to gw9g ft--9QNTR1C24R_in wrdastandure the -Contract Documents. 9.3.23.Z, Ftsstsl - obtaatine from OWNER ndditional_detads,_gr. 9mation— when required, for wooer macution of the Work 0 3 3 3 Advise the ENGINEER and CONTRACTOR of the commencanmt of any Work retunva a Shoe Dna m ur sample submission if the submission has Ixgnapprcwcd h3• the ENGINEER `).3.�_J Rev_iew. of. Wprk. Rejection of Defective Work IrVecuau and Tests - 9 7,_ a, ]-_-... ['onduct oFt_site gbservatjcazs of the Work rn�rgge.to assivihe ENG [NHLR in detennirwte that the Work is moceedine in aecwdence with the Contract Documents. 9 3 _' q 3. Awomrlany visiting Imyectors representing public or other agencies haying iurisdlctim over the Project recoil Ida: results of these intsyxetions arni.. report to the F,NGFNEFR. 93.2,i.. _ lttterprctation.. 9i_.. contract DourrIft Report __to ChuLV:LLft .when clarifications and interpretations of the Contraa9 Documents_. _ arc _ _needed and ..transmit to CON'T KACPOR clarification and interpretation of the Contract Docwnents as issued by the FNOHNF:ER 93 ? ¢. Modifications. _ Consider and evaluate CONTRACTOR'S sugy+estions our F1COCGF. AN. COfCKMOM 19108(1990Edition 20 xv.ITY OFFORT COU-IM MCOUICATIONSIAEV4n,OW1 modification in Drawings or SceciGcreliats and rMort these recommendations to FNGMER. 4x mwly tammil to CONTRACTOR decisions issued by the ENGINEER. 9..3 17, REcgrds 93 7 3 Record names, addrexses -and tE lffinr-numbers of a]) CONTRACTORS,_, subconttaam - and maw suDoliens of a luinmem and materials 9329. Rmwts 93281 Furnish HNGINRFN periodic recons as rmuhed. of the Droeress of the W l; and .of the CONTRACTOR'S cornpliatuz with the prowess seheddle.. and schedule of slop Drawing and. sample submittals. 9,3._, S.'_. Consult with FNGINLLR in ad hedu nee f scheduling Minor tests insvections or wart of imnonant phases of the Work. 93._._X3. Drzh. proposed. Charge Orders and Work IJrectiye Chygg� obtalrl beckyp. material from .Ilfe_COATRACTOR and recwnmend to F.NGINEF.R_ Change (hder" Work Daecuve_ ClarGes and field orQers. g 3 2 8 u Rcowt unmediately to l7yGINLE Rand OWNLR the. MCUn7MW of any mccidml. 9.3.2, 9, Payment Requests Review niplican_ois Ufw c t%i C.>bfI'RACI fares phing wi__. ,the, established procedure for their submission ond forward with recommendation to LNCINrEER noting oanictdacly the l ti sk'o of the paymtmt requested in ate schedule of values WEE egmnlQCd and materials and quilxnent WI1vered at Vas site -nu. not_incorror Win the IY 2.3•2_I Q._C tnpletipn._ 93.^. 1(t:.I, Before_. LNgQ Muk issues a Certificate of Substanhal Completion submit to CONTRACTOR a Its1 of observed items requwa nareclio or amoldio 93ZIU2. CvrWuct final insocofon in the camfmr+y'sf the FNGINFHR OWNER a d C()j'92A!-7TQl3sapt vp_arf a_¢atl. fat of items [p b_r., corrected or completed_ 931103 Observe that all items on t6 Final list }yve".been vcnrtSd on umple[ed and make reavnmmdaUon 6ENGINEER umcerrntlRpcceplsra;e_ 9.3.3. Limitation of Authority: The Remnsenta6ve shall Mt: 9.3,3.1, Author17e _an y"_deytatimts from the C'nmrnex D—mumena or accept any subs a t materra.4s Qr equnpmenl, unless uutFtorized by the ENG_ 77JEER. 93.3 3, mutedIjnulauyns_of FNG"l'ii�ECR'S awhorityes set forth in the-C.cmtrnct Dncmnerns 9 3 33. Undertake any of the responsibilities of the CONTRACTOR Subcontractors, or COYI RAC FOR'S supe ion ndent 93_34. Advise on or issue directions relative W. or assume wren 1 rn•, nv aspect F the means mafk dq fcchmques, sequences or plcuSdure;_-for constru£uon fvtless _such. , is specifically called for m thz C'ontracl Documents. 9.3.3.5. Advise_ on orissue directions _ re�ardtng._ « assumS wNnil m•rt. sarety «seer ti arm[ Aroma on coons tv rh the W«k« 9.3_3.6. Acccpt Shgp Drawm¢s or sample submittals (rent anyonen t other than COY _(._()R. _. _. 9.3.3.7._ Authorirc OWNER, to occupy the W«k Nn"hQle «inpnrt ..— 933.8,__Participate _in. specialized_ Field err laboratory tests or irweetiors ronducted by others except _ as . specifically ., aobarizcxi,__ by _ the bNGINF.ER_ e7mifieatinns and lntepremdonv: c'.J. hNGINEHk will issue with reasonable promptness such written clarihcattons Of interpretations of the FlCt)L (iFNFRAt. CO!ir)ITIUNS a108I I990 F.iYntru w: CITY OF FORT COW h5 MODIF1CAnuNS,REV 4 7mxn requiremeras of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine 1100c vary, which shall he consistent with the intent of and reasonably inferable from the Contract Docoremu Such women clarifications and intapreations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clmificacon or in4rpreationjustifies an adjustment in the Contras Price or the Contract Times and the panics are unable to agree to the amount or extent thereof if any, O"rNTiR or CONTRACTOR same make a written clam thercfur as provided in Article If or Article I_. Authorized I4riadons in Worn: 9.5. ENGINEER may auhorize moron carotene, in the Work from the requirements of the Contract Documents which do not involve an adJ'ustment in the Contract Price orthe Contract Times and sic csanpatible with the design concept of the completed Project as a functioning whole as indicated M the Contract Documents These may be accomplished by a Field Order and will be binding; on Otr,'.IER and also on CONTRACTOR who shall perform the Work involved promptly. 1f OWNER m CONTRACTOR Mlieves that a Field Order justif es an adjustment in the Contract Price or the C' mnact Times and the panics are unable in agree as to the amount or "ent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 17 Rejecting Defren w Wort, 96 ENGINEER will have Ruthorih• to disapprove or reject Work which ENGINEER believes to be kfeclrev. or that HNGINHER believes Will not Produce a completed Project that conforms to the Contract Documents or that will prejudice the integnev of the design concept of the completed Project as a functioning whole as indicated by the Contact Documents. F.'NGINHER will also have authmtry� to require special inspection or testing of the Work as provided in paragraph 13.9, whether m not the Work is fabricated, installed or completed. Shop Drawings, Change Orderrand Pnrwtenm. 9 7 In connection with ENGINEER's uudxvty as to Shop Drawings and Samples see paragmpts 6.24 through 6.28 inclusive. 9.5 In xinnection with ENG1NF.F.R's authority as to ChmLe Orders, see Arucles IQ I I, and 12 99 In connection with ENGLNEfiR's n licnry as to Applications for Payment. we Article 14 Ddernanarians for Unit Procne: 9]0 ENGINEER will ddenmirc the actual quantities and classifiatims of Unit Price Work performed by C7ON'1'RAM OR. FNGINEHR will review with C0NTRM'1'ON the ENGINHHR's preliminary determinations on such matters before rendenng a wvnt n decision thereon (by recommendation of an Vpplication 'I for Payment or otherwise). INGINIM, Vs written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of am, such decision, either ()V%NFR or CONTRACTOR delivers to the other and to ENGINEER written notice tit inteminn to appeal It= ENGINEER's decision and (1) an appeal front ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement', entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal pruceaxfing is instituted by the appealing party in a fortun of competent jurisdiction to exeruse such rights or remediCS as the appealing pan}may have with respect to ENOINFhli's decision unless otherwise agreed in writing by OWNER and CONTRACTOR. Such apper. will not he subject to the procedures of paragraph 9-11 Decisions on Disputes.' 911 ENGENEER will be the initial imerpreter at the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claim& disputes and other matters relating to the amenability 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 t and 12 in respect of changrs in the Contract Price ar Contract Times will be referred initially to ENGINEER in writing with a request for a Rttmal decision in accordance with this paragraph. Written notice of each such claim. dispute or other matter will be delivered by the claimant to LNGENEER and the other party to the Agreement promptly (but in no event later than thirty days) after the son of the occurrence or event giving rise thereto, and wrmen sir ing data will be submitted to ENGINEER and the other party within sixty days after the start of such nccumnac or event unless ENGINEER allows an additional period of time for the m1nmission of additional cr more accurate data in support of such claim, dispute a Other matter The opposing party shsll submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last whmmal (unless ENGINEER allawg additional tints). ENGINEER will render a formal decision in writing within thirty days atlas rcocipl of the apposing patty's submittal, if any, in accordance with this paragraph ENGINE -Rs written decision on such claim, dispute or other matter will he final and binding upon OWNER and CON "TRACTOR unless: (i) an appeal from FNifNE'ER's decision R taken within the time limits and in accordance with the procedures set forth in EXITIBIT GC -A, "Dispute Resolution Agrecnien r, entered into Ixtween OWNT.R and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal Gum ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proce4dirig is instituted by the appealing party in a Corium of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim. dispme nr other matter in aaardanee with applicable laws and Regulations within sixty days of the date of such F.KDC GFNFA.% CONCNTIONa 1910-8 11990 Fdtiml -- ,10TY OFFORT COUIMMODMCATiONS(aEV40006) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs 9.10 =1 9.11, ENGINEER will not show iality toOWNER or CONTRACTOR and will not be liable in connection with any- interpretation or decision rendered in good faith in such capacity. The rendering of ❑ decision by ENGINEER pursuant m paragraphs 9.10 a 9.11 with respect to any such claim, dispuk or other matter (escept any which have been waived by the making or acceptance of foal payment as provided in paragraph 14-15) will be a condition precedent to any exercise by OWNER or CON'1'RACT'OR 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 mamerpuraa nit 1-41,'to 41 9,13. Limitations an ENGINEER's aWharire and Responsibilities: 9 13.1 Neither ENGINEER's autho ity or responsibility antler this Article 9 or under any other provision of the Contract Documents net any decision made by FNGINHEk in good faith either to exercise or not exercise such authority or msporibility Ot the undertaking- marcise or performance of am authority or rspcosibility by h'NMWHl-,R shall create, impost or give nse to any duty owed by ENGINEER to CONTRACTOR amp gubcontrador, am 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, duet. control or have authority over or be responsible for CON'IRACI'OR's meam methods, techniques sequences or procedures of construction or the safety precautions and progmms incident themm, or for am failure of CONTRACTOR to comply with Lacs and Regulations Applicable to the furnishing or performance of the Work. 'ENGINEER will root be resportsiblc tint 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 ,,is ur omissions of CONTRACTOR or of am Subcontractor. arty Supplier, or of any other person or organization performing tar furnishing any of the Work 9.13.4. FNGINLER's review ofthe final Applicaioll for Payment and accompanying documentation and all maintenance and operating instructions, sdiedules. guarantees Bands and certi tcates of itspxction, teas and approvals and other d cumentation required it, be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9,135. The Wtitatiers upon autFsrip' and responsibility set forth in this paragraph 9.13 shall also apply to Bi GINIEER's Consultants. Resident Project Representative and assiatanta. ARTICLE 10—CHANGUS IN TIC WORK I(d. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or Goan Lime to tune, Order additions. deletions or revisions in the Work Such additions, deletions or revisions will he authoruard by a Written Ammomtent, a Change Order, a a Work Change Directive, t!pat receipt of any such document CONTRACTOR shall promppttly proceed with the Work involved which will be per fmoved under the applicable conditions of the Contract Documents(uNcept as otherwise specifically provided). 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Rice or on adjustment of the Contract Tunes that should be allowed as i result of a Work Change Directive. a claim may be made Therelbr as Provided m .Article 11 a Article 12. 103. CON'I RAC I'OR shall not be entitled toan increase in the Contract Price or an extensicm of The Contract Times with respect to am Work performed that is not required by the Contract Ihrulrrnens as amexled, modified and supplemented as p ovided in pamgn p hs; 3.4 and 3.6, except in the case of an emergency as provided in paragraph 6.'_3 or in the case of tmcmeruig Wrork as provided in paragraph 13,9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommeaded by FNGfNP.ER (w Written .Amendments) covering: 10.4.1. changes 1n the Wort: which are (i) ordered by OWNER pursuant to paragraph 101, (it) requited because of acceptance of defective Work wrier paragraph 13. 13 a mncetipg defective Work uird, paragraph 13 14, Or (id) agreed W by the panes. 10.4.2 changes in the Contract Rice Ott Contract 'f imes which are agreed to by the parties, and I0A 3 changes in the Contract Price or ('onmact Times which embody the substance Of any, written decision rendered by ENrj]NEER pursuant to paragmph 9.11. provided that_ in lieu of executing am such Charge Order, an appeal may be taken from any such decslori in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but dig any such appeaL CONTRACTOR shag ourry on the Work and adhere to the Progress schedule as provided in paragraph 6,29 105. If notice of anychanec affcaim the geraml smN Of the Work or the prcwisions of the Contract Doaumens RiCDC CFNFitAI.�NDITIORS 1910E II99a Fdfim, w: CITY OF FORT COLLA. MODIFICATIONSsaes'a7Mn (including. but net limited to. Contract price or Contract Times) is required by the provisions; of any Bond to he given TO a surety, dx giving of arty such notice will be CONTRACTOR's responsibility, and the amount of each Applicable Bond will be adjusted accordingly. ARTICLE. II —CHANGE OF CONTRACT PRICE MI The Contact Pnm wasaintes the total compere ation (subject to nuthorind adjusrmcrits) Imynhlc To CONTRACTOR for perforating the Work. NI duties, responsibilities and ohligntiors assigned to or undertaken by C'ONTRAC'TOR shall be at C.OYf RACTOWs expense without change in the Commct price. It 2. The Comma price may only be changed by a Change Order or by a Written Amentlmcm. Any claim fcr an adjustment in the Contract pnce shall he haled on writer notice delivered by the party making the claim to the Other party and to HNGINEER prompdy (but in TO were later than thirty days) after the start of the occurrence or event giving nsc to the claim and stating the gelxml nature of the claim. Notice of tits amount of the claim with supporting data shall be delivered within stay drays after the start of .such ocarrcnce or event (unless ENGINEER allows additional time for daimmat. to submit additional m more arcuate dots in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known ammms to which the claimant is entitled m a result of said occurrence or event. All claims for adjustment in the Cotttrac price shall he determined by H,NGINHER in accordance with paragraph 9.l l it OW:NhR and CONTRACTOR c'armt otherwise agree on the in,wi T involved. No claim for an adjustment in the Contract Price will be valid ifnot submitted in accordance with this paragraph I I2. 11.3. The value of any Work covered tT 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 coverat by unit pries arniamd in the Contract IkeumcnL% by application of such unit prices Io the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 1 inclusive)-, 11.3.:, where the Work involved is not cawerod by unit prices contained in the Contract Documents, by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not nreesainly in accordance with raragmph 11.6.2); 11.3.3, where the Work involved is not covered by unit lances contained in the Contract Documents aid agreement to a lump aim is not reached under paragraph 11.3.1, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 aril 11.5) plus a CONTRACTOR'S fee for Overhead and profit (determined as provided in paragraph 11,6). Cost of the Work: 11 4. The term Cost of the Work means the sum of all cogs necessarily incurred and paid by CONTRACTOR in the proper perftamence of the Work Except as Otherwise may be agreed to in wrifing by OWNER. such acts shall be in amounts no higher dam those prevailing in the locality Of the project, shall include only the following items and shall not include any Of the costs itemind in paragraph 11 5: 114.1, payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under whodulo, of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shell im'lude without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for emplcye not employed full-time On the Work shall be apportioned On the basis of their time spent On the Work, paymll ousts shall mekede.kurnet he limited to. silaries and wages plus the car of fringe benefits which shall include social security contributions. unemployment excise and payroll taxes, workers' compensation, health and retirement benefft bonuses; applicable therein The expenses of parforming `,Fork after regular working hours on Saturday, Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.42. Cost of all materials and equipment tarnished and ireorp rmed in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which cos. the cash discounts shall auxue to OWNER All trade discounts, rebates and refiurnds and returns front sale Of surplus materials and equipment shall accrue to OWNER arch CONTRACTOR shall make pnniaons so that they may be obtained. 11.4.3. payments made by CONrKAC'fOK to the Suhcoraracmin for Work lxrlontted Or furnished by Subeontradma. If required by OWNER, EJCDCGF.MEK. L COMT10N% 19104 (1990 F.Ja a) 24 ,,, CITY OF FORT COLUN5 MODIFlCATIC a(REV 4N00t CONTRACTOR shall obtain competitive bids from Subcontractors acceptahle to OWNER and CON3RACTOR and shrill deliver such bids to OWNER who will then detemline, with the advice of ENGINEER which bi& if any. will be accepted. If my subcontract provides that the Subcontractor is to be paid on the basis of Cast of the Won pliis a t2e, the sluhcoraractors Coast of the Work and fcc shall be determined in tie same manner as CONTRACTOR's Cost of the Work and fee as provided in pamgmphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the otter piovisioru of the Contract Documents insofar ns applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed Cot services specifically related to the Work. 11,4.5. Supplemental cogs including the follaving- I1.4.5.1. The proportion of necessary trmtsponatioit travel and subsistence expenses of CON1'KAC'FOR'n employees incurred in discharge of duties connected with the Work. l 1 A.5.2. Coast. including tmnsponation and mainleaaru:e, of all materials, supplcs, equipment, machinery, appliances, office and temporary facilities at the vs,; and hand tails not owned by the workers, which are co nsu red in the performance of the Work, and cost less market value ol'such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3, Rentals of all construction equipmcm and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGI'\=, and the costs of transporration loading, unloading, installation dismantling and removal thereof —all in accordance with terms of said renal agreemems. The renal of any such equipment, machinery or pans shall oxasc when the use thereof is no longer necessary for the Work. 11 4 5.4. Sales, consumer, use Or similar axes related in the Work, and for which CONTRACTOR is liable, imposed by 1•aws and Regulations. 11.4.5.5. Deposits lost for causes Oder than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose mas any of them may be liable, and royalty payments anti fees far permits and licenses IIA_5.6. losses and damages (and related expenses) caused by damage to the Work, act compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Weak (except lasses and damages within the deductible amounts of property UMUM roc established by OWNER in accordanec with paragraph 5.9). provided they love resulted from causes other than the negligence of CONTRACTOR, any Suloanimcta, or anyone directly or mdirenl} employed by any of them or far whose acts any of deln may be liable. Such lasses 410 include seldunems made with the written consent and approval of OWNER No such losses damages seal espenes shall be included in the Cost of the Work for the purpose of deteatming CON 'I'RACfOR's fee. K however, any such loss oe damage requires reconstruction and CONTRACTOR is placed in charge theraot: UONTRACFOR shall be paid far services a fee Proportimrele to that stated in pnmgmph 1162 114.5.7. The cost of utilities, fuel and smitary tacddies at the site. IIA.5.& Minor expenses such us teleg nos. long distance telephone calls. telephone service at the site, expressage and similar party ash items in connection with the Work. 11,439 Coal of premiums I'm addinnnal Bonds and insurance required because of changes in the Work 11.5. The tens Cat of the Work shall tot include any of the following It 5.1. Payroll costs and other compensation of C(ON'IRACTO$s otyir rs. executives. principals (of partnership and wle pwpxietorships), general maragas, crgineas wchitccos estimatom, a orroys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other larsonnel employed by CONTRACTOR whether at the site or in CON PACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.41 or 3pcei6c'ally covered by paragraph 11.4.4—all of which are to be considered administrative vests covered In, the CONTRACTOR's fee, I I. 2 F'xpe,.w of CON'rRAC1'OR's principal and branch offices other than CONE RACTOR's oflive at tine site I L5.3. Any part of CONTRACTOR'S capital cxperwcs, mcludatg interest en CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent pay i nears. 11.54. Cod of pneniums far all Honk and la all uuurmce whether or not CONTRACTOR is required by the ('Onset IJocuments to purchase and maintain the sane (except far the cast of premiums covered by subparagraph 11 A 5.9 shrive). FJMV OF]9F,R.AL tV NnM0MN 191o4 O99o5Jnaa w: (ITY OF FORT COLLINS MODIFICATIONS 'REV 4 2ru10) 11.5.5. Colds due to the negligence of C7ONTRAMOR any Subcontractor, m am'ane directly or indirectly employed by any of them or for whose sets any of them may be liable, including but not limited to the correction of defective Work disposal of materials or equipment µTongly supplied and making good any dunnge to property. I I,j 6. Chher overlord or general expense rats .d' any kind and the costs of any item nor specifically and ex +ressly included in paragraph 114, 116 The CONTRA(TORs lee allowed to CONTRACTOR for overhead and profit shall be determined as follows 1 1 6 1. a mutually acceptable foxal fee, or 11,6.1 if a fusel fee is rat agreed upm then a fcc lased on the tallow percentages of I e venous portions of the Cost oft e Work 11.6.2.1. for coos incurred under puraga iphs 11.4.1 and 114.2, the CONTRACTOR', fin shall be fifteen percent: 11.6.2 ' for cosis incurred under paragraph 11 43, the CONTRAC70R's fee shall be five percent, 11,6.2.3, where one or more tiers of subcontracts are to the basis of Cast of the Work plus a fee and no rNed fee is agreed upon the intent of pmngmphs 11 4.1, 11.4 1, 114.3 and 11,62 is that the Subernlractor who actuallv performs or furnishes the Work_ at whatever tier. will be paid a fee of Gfieen percent of the costs incurred by such Subcontractor under pamemplr., 11 A and 114.2 and that my higher tier Suixrmtracmr and CONTRACTOR will each he paid a feeoffive peralnl of the amount pail to the Wn4lower ber6ubeonuaeter; to bemcgoit,letf in good faith With _the_Q NMZ but not -la ircued five percent of the amountlaid to the nen Iowa tjpr SuMcniractar. 11.6.2 J_ ra fee shall be payable on the basis of cis itemized under paragraphs 11.14. 114.5 and 11.5, I1.6.29t1e amount of credit to b: allowed lit' CONT'RACfOR to OWNER for any change which results in a net decrease in cost will he the amount of the actual net decrease in cost plus a deduction in CONTRACTOR'S tee by an amount equal to five percent of such net decrease; tied 11.616. when lath addition and credits we involved in any care change, the adjustment is CON'IRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11 6.1i, inclusive, 11 7. W'haaaver the cast of any Work is to be 'S deirtmured pursuant to paragraphs 11.4 and 11.5, CONTR.ACTI'OR will establish and maintain records thereof at accordance with generally accepted accounting Practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash:llloaunces., 118 It is understood that CONTRACTOR has included in the Contract Price all allmomes so rented in the Contract Documents and shall cause the Work so covered to be furnished and perforated for such sums as may be acceptable to OWNER and bNOINEP,R CONTRACTOR agrees that: I1.91 the allowances include the cost to CONTRACTOR (leas any applicable trade discounts) of materials and equipntena required by the allowances to be delivered at toll , site, and all applicable uc <xs, and 11.9.2 CONTRACTOR's costs for unloading and handling on the site, later, installation costs, overhead, profit and outer expenses contemplated for the allowances have been included in the Contract Rice and not in the allowances and no demand for additional payment an account of any of the foregoing will he valid. Prior to final payment, an apfroprou Charge Order will be issued as recommended by ENGINEER to refltn actual amounts due C•ONT RAC'fOR on account of Work covered by allowances, and the Contract Price shall be wrtospmdingly adjusted. 11.9. Unit Price Work: l l.'7.1, Where the Contract I3ocumeras proride that all or pan of the Work is to be Unit Price Wok, initially the Contract Price will be demand to include for all Unit Price Work an amount equal to the sum of the establtshed unit prices for each separately identified item of Unit Pnce Work limes the estimated quantity of each item as indicated in the ,""cniem. The estimated qumnities of items of CiM ice Work are not guaranteed and am solely for the purpose of comparison oC [lids and dRerminutg an initial Contact Price. Delermuwtions of the actual quantities and classificauxis of Unit Price Work performed by CON'TH.AC'I OR will be made by ENGINEER in accordance with paragraph 21 D. 11.9,2, Each unit price will be deemed to include an amount considered by CONTRACTOR to he adequate to cover CONTRACTOR's overload and profit for each separately idenited inn. 11.9.3.OWNEIZ or CONTRACTOR may make a claim for an adjustment in the Conuasl Price in accordance with Article I I i f 11.9.3.1the quantity of any item of Unit Price Work performed by CONT KATOR differs. materially and significantly from the estimated quantity of such item indicated in the Ageemen: F.1CD(7 GE AAL CONTATIOA, 1 Y10411"0 Elko..) 26 w1 11Ty OF PORT C10I.LAN9MODIFICATIC)i(REV 400061 and 11.9.3.2 there is an corresponding adjustment with respect to any other item of Work and 11.9.33. if CONTRACTOR believes flair CONTRACTOR is entitled to an increase in Contract Print as a reach of having incurred additional e�W6se or OWNER helieves that OWNM is entitled to a decrease in Contract Price and the printer are unable to agree as to the amount of any such increase or decrease. 11934 CONTRACTOR acknowledam fait the OWNFRhasthengbitoaddordei tciwmvtn the did 5r c lgr a �tc� at -1kN:R'S sole otiscretlon wit}wut,affc4mg_thc Cantrad Rpw �I an]'_remn4ttn[ag,_g4m_so I�g,_as tlx title{ipn. or addition des of cecd tw• t -five •roam of the ongirai) total, Central Rice, ARTICLE 12—CHANCE OF CONTPMT TMES 12A The Contract limes for Milmones) may only he changed by a Change Order or a Written Amendment Any claim for an adjustment of the Contract Times (or Mlestones) shall be, wised on written notice delivered by Vic pan) • making the claim to the other Party and uw I1s1GWEER promptly (but in no event later than thirty days) alter the occurrence of the event giving rise to the claim and slating the general nature of the claim. Notice of the esmmt of the claim with supporting dam shall be delivered within suuy days after such occurrence (unless ENGINEER allows additional time to ascertain mot accurate data in support of the claim) and shall he accompanied by the claunanfs written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe a is entitled as a rcuult of the occurrence of said even. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGIlJEER in accordance with puragaph9.11 if OIXNM and CONTRACTOR canna dhtrwise agree. No claim fur an adjustment in the Contract Times (m ;vhlealcmas) will be valid if not submiaed in accordance with the mquimmernts of this paragraph 12.1, 11. 2. All hone limits stated in the Contract Documents we of the essence of the Agreement. 12.3- Where CONTRACTOR is prevented from completing any Fan of fix kk'mk within the Contract Times (or Mlestones) due to delay beyond the control of CONTRAACTOR, the Contract Times (or Milestones) will be ebended in an amount equal to time lost due to such delay if a claim is made therefor as provided in pamgmph 1. 1. Delays heyand the control of CONTRACTOR shell include, but net be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perforating other wok as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God, Delays attributable to arid Q Can you post the AutoCAD drawing on the city s website) A Yes This was done on October 10 2008 on the City a procurement site located at http Xceov conVeprocurement named 6116 ZIP FILE Sheet C9 - Principal Outlet Works Plan and Profile has been revised and is included as part of this addendum The revisions include, a shortening of the plan length of the sand cutoff wall to accurately reflect the dimensions on the detail, and the quantities 1n the Bid Schedule, and, the installation of a ASTM C 33 sand dram around both the 10 inch PVC irrigation pipe, and the 24 inch steel outlet pipe This sand dram shall be installed from Station 2+93 to the back of the concrete headwall at Station 2+61 5 The sand dram shall extend a minimum of 12 inches around all sides of both pipes These revisions also apply to Sheet C10, the plan and profile of the 10 inch PVC irrigation pipe, which has not been included Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221 6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED within the control of a Subcontractor or Supplier stall be deemed to be delays within the mmrol ofCONrfRAC'I'OR, 114 Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control oR bah OWNER and CONTRACTOk an extension of the Contract Times (or Milestones) in an amount equal to the time lust due to such delay shall be CONTRACTOR's.sole and exclusive remedy for such delay. In no event shall OWNER be liable a CONTRACTOR any Subcontractor. MY Supplier, any outer person car organization. a to any surety for or employee or agent of am, of than, for damages Arising out of Or resulting front (i) delays roused by or within the control of the CONTRACTOR a (u) dolays beyond the control of both parties including. but not limited to, fires, floods, epidemics, abnormal weather conditions. acts of God a acts or neglect by utility owners a Other contractors performing other work as contemplated by .Article 7. ARTICLE 13—TESTS iND INSPECTIO.x'S; CORRECTION, REMOVAL OR ACCEPTANCE OF D1,'I7:'LTIVh_' W ORK 13.1. NtitteeofDefeexs: Prompt notice of all dejactive Work of which C)I NER A GNGLNEER have actual knowledge will be given to CONTRACTOR .All delectnw Work may be. rejected. w"mted a acceped os provided m this Anicle 13. Aceew la Work- 13 2. OWNIiR ENGINEER, BNGINF.F,R's Consultants otlhcr representatives and personnel of Ol4'N"ER independent testing labomrories and governmental agencies with jurisdictional interests will have access to the Work at reastnabld times for their observation inspecting and testing CONTRACTOR shall provide them proper and safe coniibons fa such Access and advise them of CONTRACTOR's site safely procedures and programs so that they may comply therewith as applicable. Tesrsandlnspecrions: 111 CONTRACTOR shall give ENGINh'RR timely notice of readhhes of the Work for all required inspection, tests a approvals and shall a ,peme with inspection and testing persoonel to facilitate required inspections Or ts tes. 13A. OWNER shall employ And pay for doe sea ices of an indepenclem testing laboratory to perform all Inspections, tests, a upprovaLs tecryired by the Cannot Doccuri except. 13.4.1. for usspections. Icsts a approvals ,,"L'd by paragraph 13.5 below'. 13.4', daa costs incurred in connection with toss or inspections conducted pursuant to paragraph 13 9 EI(1X' CENr:RAI. CONDIl10hS 151aTt (199a Ednmh w,!1 TY OF FORT COUMS MODIFICATIONS (ti£v 4 � Wv ) below shall be paid as provided in said paragraph 13. 9; And 13,43. as Otherwise specifically provided in the Contract Documents, 133 If Laws or Regulations of any public bodv laving Jurisdiction require any Work (a part therwf) specifically To be Inspected, tested or approved by an employee m Other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approval, pay all costs In connection therewith and furnish ENGINEER the required certlfi<atm of inspachon, or approval. CONTRACT OR shall also be raporuihlc for arranging and obtaining mid shall pay all cost., At wrineaiau wnh any inspections, tests or approvals required for OU,•NHR's mid ENGMEER's acceptance Of materials or equipment to be incorporated in the Work of of materials, mix cdesigns, tar equipment submitted for approval prior to CO:JTIUCTOR's purehaso thereof for mwrpomtion in the Work 13.6. If any Work (a the work of others) that is to be inspected. tested or approved is cowered In. C'ONTRAMOR without written concurrence of FNGINEHR. it must if requested by HNGINHER. be uncovered for of sarvaton. 13 7 Uncovering Work as provided in paragraph 13 6 shall b: at CONTRACI'OR's egternc unlca� CONTRACTOR his given ENGINEER timely notice of CON'TR.ACTOR's intention to coves the same and ENGINEER has not acted with reasonable promptness in response to such notice. Cncw•ering Pobrk: 138. If am Work is cmvercd contrvv W the written request of ENGINEER, it must, il' requested by L•NGINMR, be uncovered fa ENGINEER's observation and replaced at CONTRACTOR', expense. 139. If ENGINEER emsiders It necessary or advisable If"[ covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINL•TR's request shall unern•ax, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Wok in cryesonn furnishing all necesmry labor, material and egmpmcnt If it is found that such Work is &JyJ ctrva. CONTRACTOR shall pay' all clauns. costs, losses ant damages caused by, mnsmg Out of or resulting from such anco ing, exposure, observation inspection and jesting end of satisfactory riplaccmcnt Or reconstruction (including, but not limited to all casts of repair or replacemem Of wOrk of others): And OWNER stall be entitled to an appropriate decrease in the Contract Price. and if the parties are unable to agree as to the ammml thercol may make a claim therefor As provided in Article I I. If. however, such Work is net found to he dfective. CONTRACTOR shall be allowed an uhcrease in the Contract price or an extension of the Contract 'times Car Milestones), or both, directly attributable to such 77 uncovering, e;eposure, observation inspection testing, replacement and reconstruction, and. if the panics are unable to agree as to the amount or extent thereof, CONTACTOR may make a claim therefor m provided in ,Miele; 11 and 1'_. OWA'ER Mike -Rop nit a Ipurk: 13.lip If the Work is defecate, or CONTRACTOR fads to supply sufficient sidllal workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that tfic completed Wark will camfomt to the Contract Documents. OWNER may order CONTRACTOR to stop the Work, w any portion therwf, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall no give rise to any duty on the part of OWNER to =rcisc this right for the boclit of CONTRACTOR or any sorely or other pnm. Correction or Renrornf ofDefective Ill ark.., 13 11 If required by ENGENE•IR. CONTRACTOR shall promptly, m directed either cerred all defective Work, whether or net fabricated. installed or completed, or, if the Work has heen rejected by ENGINEER. remove it data the site and replace it with Work that is to defctive CONTRACTOR shall pay all claims, costs losses and dimagi caused by tsr resulting tram such correction m removal (including but not limited to all costs of repair or replaamaent of work of others), 13.12. Correction Period' 13.12.1 If wihtn one-year two year after the date of Substantial Completion or such longer period of time as may he prescribed by Laws or Regulations or Ica the terms of any applicable special guarantee required by the Contract Documrnts w by any specific provision of the Contract Documents, any Work is found to be *if ctine, CONTRACTOR :hall promptly, without cast To OWNER. and in accordance with OWNER's written instructions: (i) correct such defective World in. if it has been rejected by OWNLTf remove it from the site and replace it with Work that is not dt(ecln.•e, and (i) satisfactorily correct or remove and replace any damage to other Work or the wok of other resulting therefrom. If CONTRACTOR does ram promptly comply with the terms of such imtructton4 or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the &fec/ive Work corrected or the rejected Work removed and rephead, and all claims costs, losses and damages caused by or resulting from such removal and replacement (including lout not limited to all costs of repair or replacement of work of other) will be paid by CONTRACTOR 13.112. In .spacial 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 stun to run from an earlier date if so provided in the Specifications or by Written Amendment 1312,3. Where defective Work- (and damage to odic FJCDC CFWA7 CONrNTIONS 1910E I IWO Eraiinl 29 wi MY OF FORT MLUM MODDICAMNS (REV 420rsh Work resulting therefrom) has been conwtel removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional Mind of me year two Year after such correction or removal and repltcement has been musicianly completed lecayrmnce afDefecbve I4ork: 13.13. If, instead of requiring correction or removal and replacement of defechvo Work. OWNER (crud prior to ENGINEER'S ra mmaxlstion of final payment also ENGINEER) prefers to accept it OWNp;R may do sr. CONI'RACI'OR shell pay all claims, vests, losses and damages attributable to OWNFR's evaluation of and determination to accept such defective Work (such costs to 6c approved by EN(i INFER as to rcasormblr -,;s). if ary such acceptance occurs prim to LNGLNEER•s rarxrmmerdation of final payment, a Change Order will be issued momporating the rhecessary revisions in the Contract Documents with respect to the Work: and OWNER shall be coined m an appropriale deamm m the Contract Price. and if the parties are unable to agree as to the ame= thereof, OWNER may make a claim therefor as provided in Anicle I I If the acceptance occurs after such recommendation. an aplxopriatc amount will he paid by CONTRACTOR m OWNEk. 011 A'ER allay Correct Defufive Work: 1.3.14. If CONTRACTOR fails within a reaxmable time alley written notice fill ENG INFER to correct defecnye Work or to remove and replace rejected Work as required be ENGINEER in accordance with paragraph 13A 1, m it CONTRACTOR fails to perform its Work it accordance with the Contract Documents, or if CONTRAMOR fails a comply with any other provision of the Contract Dacumems, OWNER may, after seven dayg written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, In amnection with such corrective and remedial action OWNER may exclude CONTRACTOR from all or pan of tie site take possession of all or pan of the W'orL and suspend CONTRICTOWs services related thereto, take possession of CONTRACTOR'S tools appliances, construction equipment and machinery at the site and in:orpmate in the Work all materials and equipment stated at the site or lot which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRA(IIOR shall allow OWNER, OWNER's representatives agents and employees. OWtNER's other contractors and ENGINEER and FNGINEER's Consultant, ames to the site to enable OWNQi to exercise the rights and remedies tmderilim paragraph All claims, costs, losses. and damages incurred of sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will lie issued incutpurxting the necessary revisions in the Contract Documents with respect to the Wort;: and MVNI fR shall he entitled to an appropriate decrease in the Contract Price, arid. if the parties are unable to agrce as it, the amount thercor; OWNER may make a claim therefor as provided in .Miele I I Such claims, costs, losses and damages will =Iude but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correetian, removal or replacemem of CONTRACI'OR's dr/acUta Work. CONTRACTOR stall not be allowed an extension of the Comma Times (or Milestones) bemuse of any delay, in performance of the Work attnbutable to the exercise by 0"WER of O WN'Ek, rights and remedies hereunder. ARTICLE 14"-PAYMENTS TO CONTRACTOR MD COMPLETION Sehedrrle of 1 alwes.- 14.1 The schedule of values established as provided in paragraph : 9 will serve as the bass for progress payments and will be incorporated into a form of Application IN Payment acceptable to ENGINEER Progress peymenls on account of Ilrut Price Work will be based on the number of units completed. .4MUM110n fnr Rngres Payment' 14.2. At least twenty days before the dam established for each progress payment (but not more often than oral a Morrill. CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CON I RAM OR mvenng Jae Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment or requested on the basis of materials and equipment not incorporated in the Work but delivered and waahly stored at the site or at another location agreed to in writing. the Application for Payment shall also he accompanied by a hill of salt, invoice or other documentation warr:mting that OWNER has received the materials and equipment free and clear of all Lions and evidence that the materials and "ipment are covered by appropriate property insurance and other arrangements to Protect OWNLR's interest therein, all of which will be satisfactory to OWNER. The amount of remarage with respect a progress payments will be as slipulateal in the agreement. Am, Curds that ME, w'Lhh Id by the OWN k stall m)t be sob ea a substrt Mon by the CONTRACTOR with securities or any amnIIements 1 olv ro art esoow Or custadnansMp Rv exxuttrpt tF)e application fnr rrasanrnl form the C ONTTRACTOR expremiv wmves his right"to the fetid of Colorado Revised Statutes Scdion 24-9 -1 i1 4t WI. C01%7R•ICTOR's Witivarnij, of Title: 14.3. CONTRACTOR crarr.mts and guarenteee, that title to all Work mntmals and equipment covered by any APPlicatim fo Payment, whether morporawd inthe Proled Or not, will pass to OWNER no later than the time of payment Gm and clear of a] I Liens Review nfApplicatiam for Progress Pavmmr 144. bNOINEHR will, within ten days after roccipt of each Application for Payment, either indirntc in writing a FXW ORNME M. CO14r3T10NS 19104 11 WO Fddimt w rI GFF00.TCOLLITSMODMCATTO\S'kEV440M) recommemlation of payment and present the Application to OWNER, or relum the Application to CONl'RAC '['OR indicating in writing ENGINEER', ronsons for refusing to recommend payment. In the batter case, CONTRACTOR may make the necessary mmations and resubmit the Application Ten days alter presentation of the Applie=on Rx Payment to OWNER with I.1VGENTEER's recommendation the amount recommended will (subject 41 the provisions of the last wrience of paragraph 14 Ti become due and when due will be paid by OWNER to CONTRACTOR. 145 ENGINEER's recommendation of any payn sir requested in an Application for Payment will tumtitutc a representation by FNGINh'ER to OWNER- lased on FSi G3MER's on -site observations of the rxttanted Work as an experienced and qua] ified design professional and on ENGLNEL•R's reviav of the Apphealion for Payment and the acvompanytng dam and schedules, that to the ben of GNGQdL•TiR's lmmvladge infomaation and belief. 14.5.1 the VVork has progressed to the point indicated la 42 the quality of the Work is generally in accordance with the Contract Iktcuments (subject to an evaluation of the Week as a functioning whole pnor to or upon Substantial Conpletuo. to the result, of any subsequent tests called for in the Coronet Documents, to a final determination of quantitis and d2mitimban, for Unit Price Work under paragraph 9. 11", and to any, other qualifications stated in the recommeolatien), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofe, as it is FNGINF.F,12's rcgxan,ihility to nhscrvc the Work. However. by recommending any such Payment ENGINE -ER will not thereby be deemed to have represented that. (i) exhaustive or continuous on saw mspections have been made to check the quality or the quamnty Of the Work beyond the nestprnsibilaws specifically assigrd to ENGINEER in the Ctntrmcl DO,umenls or (a) that there may not be other matters or issues between the parties that might entille CONTRACTOR to be pad additionally by OIVNER o mtitic OWNFR to withhold payment to CONTRAc rOR. 14.6. ENGJNFhR's rewmmemktion of am payment, including feral payment, wall nor mean that ENGINEER Li responsible 6 CONTRACTOR'S ratans, methods, techmyyues sequences or procedures of con tm (ion or die sofety Precautions and programs incident thereto, or for arty failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or Performance of Work. or for any failure of CONf RAMOR to perfyrm err fmr+ish Work or accordance with the Ctmnael Documents. 13.7. ENGINEER may refuse to recommend the whole or any pan of any payment if, in HNGINHE'R's opinion it would be wconeet to make the representations to 19 OWNER referred to in pamgmph 14.5. LNGINEER may atom refuse to recommend any such payment, or, because of sutaequcntly discovered evidence or the results of subsequent mapections or tests, nullify any such payment previously recommended. to such ,,,tent as may be necessary to LNGINEER's opinion to protect OWNER from loss Ixxau ie. 14.71 the Work, is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2, the Contract Pricc has been reduced by Women Amendment or Change Order, 14.73. OWNER has been required to correct depcters Work a complete Work at accordance with paragraph 13.14, or 14.74, ENGLN'EER has actual knowledge of the occurrence of any of the everts enumerated in paragmphs 15.2.1 thnwwgh 15.2A imiusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because. 14.7.5. clans have been made against OWNER on aaoum of CONTRACTORS perfommncc a fumislung of the Wak. 14.7 , Liens have beat tiled in connection with the Work, except where CONTRACTOR has delivered a specific Bond minsraetore, to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are otherdens entitling OWNER tea set- off agairet the amount recommended or 14.7.N OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14 7.3 or paragraphs I5.2.1 throligh 15.2.4 uelusive: but OWNER mull give CONTRACTOR immedne written notice (with a ropy to ENGINEER) stating the reasons; for such action and promptly pay CONTRACTOR die amount so withheld, or any adjwuncm thereto agreed to by OWNER and CON RAC'TOR, when CONTRACTOR meets to OWNER's satisfaction the reasons for such action. Substandal C:amplerfast: 10. When CONTRACTOR considers the ensue Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in Writigg that the entire Work is substantially complete (erupt for items sprdfically listed by CONTRACTOR as incomplete) and request that ENGINEER Lute a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the statue of mmpICTIM. If F.NGINHF.R does no coroner the Wort: substantially complete, HNGINHER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER F.KDC (tFNERAL CUMNTIO'J.S I YI OS 119906ra1iml 30 wi OTY OF FORT COLLIMMODIFICATIONS GiEV4/taael cntsidas the Walk substantially complete, ENC11,11 R will prepare and deliver to OWN.'FR a tentative cemficate of Suhsanial Completion which shall fix the dam of suh mania Completion. 'rhere shall be attached to the certificate a tentative to of items to be completed or extracted before final payment OWNER shall have seven days after receipt of the tentative certificate durirai; which to make written objection to FNGINF,ER as to am provision of the certificate aattached list. I( after considering such objection, ENGNEER concludes that the Work is oat substantially complete. GNGIXEF: Z will within fourteen days after submission of the tentative ari fiam In OWNER notify' CONTRACTOR in writing, stating the reasons therefor. IL after consideration of OWNER's ollpsaons. FNGIIN'HER considers the Work subsantialh complete. ENGINEER will widen said fourteen days execute and delver In OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed a corrected) reflec'tvmtg Buell Changes Gam the tentative certificate as ENGINEER believes justified after consideration of arty objections from OWNER. At the time of delivery of the mnative certificate of Subsanial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of ra)xn abilitin pending final payment between OWNER and CON'IRAOTOR with aspect to security, operation safely. maintttmrwe, heat, utilities. mstumnce and warranties and guarantees, Unless OWNER and CONTRACTOR mvw otherwise in writing and so inform FNGIN l;R in writing prior to E'NOINFI:'R's issuing the definitive certificate of Substantial Comppletion. ENGRN�R's albresaid recommendation will be girding on OWNER and CONTRACTOR until firol payment 14.9 OWNFR shall have the right to exclude CONTRACTOR Gum the Wok after the date of Substantial Completion, but OWNER shall allrnv CONTRACTOR reasonable access to complete or correct items on the tentative list Partial fltitirn6on: 14.10, Use by OWNER at OW'NER's option of nnp subsiartially completttl part of the Work, which. (i) has specifically been identified in the Contract Documents, or Q OWNER, ENGINEER and CONTRACTOR agree corntitutcs a separately functioning and usable part of the Weak that can he used by OWNER for its intended purpose with" significant interference with CONTRACTORS performance of the remainder of the Work, may be accomplished prior to Subsmntial Completion of all the Work subject to the following. 14.10-1.01ANER at any time may request CONTRACTOR in writing to permit OWNER to use am mch part of the Walk which OWNER believes to be ready fa its intended use and substantially complete. I CCONTRACfOR mreeS that such part of the Work is subalamially complete, CONTRACTOR will certify to OWNER and ENGINEER that such pert of the Wok Is substantially complete and request FTIGWHHR to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may rwtifv OWNER and FNGINENR in eating that CONTRACTOR considers My such part of the Wok ready for its intended asc and suhaamiaty oomplelc and requea F.NGLNEf?R to issue a certificate of Substantial Completion for that fan of the Work Within a Teasarable time Inner either such raptest. OWNER CONTRACTOR and KNGINHER shall make an inspection of that pan of the Work to determine its smms of completion If INGRq -ER does not consider that pan of the Wmk to be subdmnially complete, ENGINEER will notify OWNER and CONTRACTOR in Writing giving the reastms therefor. If ENGINEER considers that pan of the Work to be subslant®llv complete, the provision of paragraphs 14,9 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Walk and the division of responsibility in respect thereof and access thereto. 14. 10.2No occupancy ar sopamt, operation of pan of the Wort: will be accomplished prior to complisncc with the requirements of paragraph S_ I s m respect of property irsumrae. final Impecdon: 1411 Upton %muten notice from CON I'RACI.OR that the entire Work or an agreed lemon thereof rs c=,)ItL GNGUER will make a final inspection with OW=NGR mil CONTRACTOR and will refify CONTRACTOR in willing of all particulars in which this inspection reveals that the Work is incomplete or defecloe. CO\TRACTOR shall immediately take such measures as are necessaryto complete such work or remedy such deficiencies _ final Applicarian far Paynienc 141� After CONTR.A('fOR has completed all such mm-ctioms to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all mmmenanee and opemtmg iestri ciitxts. schedules inwmntees, Bands. ceniLeates or other evidence of insurance required by paragmph54, certificates of inspection marked -up record documents (as pnrvided in paragraph6.19) aril other documents. CONTRACTOR may make application far final payment following the procalr¢e fur progress peymenta The final Appliutim Cur Payment shall be accompanied (except as preciously delivered) by: (i)all documentation called for in the ('intmcl Documents, including hen nil limited to the evidence of insurance required by subparagraph 14 H, 60 consent of the surety, if any. to final paenteriL and (ill)complete and legally effective rclevocs or war,,, - (satisfactory to OWN0Z) of all Liens arising tot of ar filed in wrimoum with the Work, In lieu of such releases of waivers of Liens and as epp caed by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (1) the rehouses and receipts include all laborservicc.5 material and equipment for which a Lien could be filed, and 60all payroll& material and equipment hills, aid either indehtedram connected with the Work for which OWNb;R or OWNh'R's Property might in any wav be responsible have been paid ar otherwise satisfied If airy Subcontractor or Supplier fails FXWGFNF 1.00N nOhS 191041199a P,dami w' qTY OF FORT CnW NS MC0tFICATl0NS rREV 47W✓ii to famish such a release or receipt in full, CONTRACTOR may furnish a Food or other collateral smisfaam3 to OWNER to indemnify OWNER against My Lion Releases or m_vaivers of liens and the consent of Ihte sir cn�to finalize t_ize paym •m ti to be suhmitted on Mims ccnImmtngtu the format 4f the _Oli NhICS standard fornistlpund in4h4 prg1c manual. - Final Payment and, 1 ceeptance.• 14. 13. If. on the basis of ENGNEER's observation of the Work during construction and foal inspection, and HNGINHNR's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. FNGINHER is satisfied that the Work has been completed and CONTRACTOR's Other obligations under the Contract Documents have liven fulfilled. LNGD,EER will, within ten guys after receipt of the final Application I'or payment, indicate in writing LNGNEER's recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give writlennalice It OW7vTLR Will CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.IS, Otherwise, hNGINEHR will retain the Application no C.ONTRACIOR, indicating in writing the reason for refusing to recommend fired payment, in which case ('ON'I RAC I OR shall make the mew. ry conset an and resubmit the Application. Thirty days after pow smation to OANFER of tlx: Application and 'company mg documentation. in appropriate fium and substance and with ENCINEER's recommendation and notice of acceptability, the amount reeommentled by ENC;TN R will become due and will be paid In, OWNER to CONTRACTOR sti biget to pmmOsoh 176^ of these General Conditions. 14.14 If through ern fault of C:ON'fR.ACTOR final completion of the Work is signscsnth' delayed and if HNGINHER en confirms OWNER shall, upon receipt of CON 1ZACTOR's final Application for Paymtent and recommendation of LNGINEER, and without terninatine the Agreement, make payment of the balance due fox that ponim of the Work fully canplacd and acc pled if the remain z. balance to be held by OWNER far Work not fully completed or crrected is less than the relainege stipulated in the Agicement, and if Buds have been furrushed as required in Iarugmph 5,1, the written assent of the surely to the payment of the hslame due for that ponion of the Work fully completed and accepted shall be submitted by CONI-RACTOR to HNG1NId-,R With the Application for such payment. Such payment shall be made under the terms and conditions goyeming fiord payment, except that if dill nil conslitme a waiver al claims. Mirivrr of Claims: 14.1 S 1'ha making and acceptance of final payment will constitute; 14. I5.1,a waiver of all claims by OWNER against CON'f RACTOR, except claims arising from unsettled Liens from rkfeef le Work appeaiig alter final inspection pursuant to paragraph 14.11. Gum failure to comply wih the Contract Documents n the tears of env special guanntecs specified therein is from CONTRAC1'0R's continuing obligations under the Contract Documents; and 14, 112,A waiver of all claims by CONTRACTOR against OWNER other than dose previously made in writing and still unsettled. ARTICLE ig..SITSPENSION OF WORK AND TERMINATION OILA2'R Mar 4rspand lVork: 15A. At any tine and without cause, OWNER may suspend the Work or any portion thereof for a period of not mom that, ninety days by notice in writing to CONTRACTOR and ENGINEER which will fur the date an which Work will be resumed. CONTRACTOR shall resume the Work an the date so heed CONTRACTOR shall he allenxd an ntljustment in the Contract Pricy or an extension of the Contract Times, or both, directly attributable to arty such suspermo, if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OIf-MR Mary Terminate: I S,1 Upon the occurrence of any one or more of the billowing events' I5'_.l if CONTRACTOR persistently fails to perftxm the Work it accardance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials m equipment or failure to adhere to the progress schedule established under pamgtaph1i) as adjusted from time to tune pursuant to paragraph &6); 15,2,3. if CONTRACTOR discprds Laws or Regulations of any public body havingjurisdiction. li.'_3. if CONTRACTOR disregauds the authtmty of ENGINEER; or 1524 if CONTRACTOR nthcrwm Violates In any substantial way any provisions of the Contract Documents, OWNER may. after giving CONTRACTOR (and the surety, if am') seven days' written notice and to the evterit permitted by Laws and Reaulations, terminate the services of CONTRACTOR excludo CONTRACTOR from the site and take possession of the Work and of all CONIRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full cetern they could he used by CONI'RACI'OR (wahout liability to CONMACfOR for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid WDC GF'JERN. CON TI OT, 19104 41990 F.Stiao 32 mtCITY OFFORT C'OLLMSMODIMGnONS(REV4n000) CONTRACTOR but which are stared elsewhere, and knish the Work nsOWNF;R may deem expedient. In such arse CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Rice exceeds all claims, costs, losses and damages sustained by OWNER arising nut of or resulting from completing the Work such euess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the dtQercnce to OWNER. Such claims, costs, losses and damages incurred by OWNER will be rviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order. provided that when exercrtiug any rights or remedin under this paragraph OIiT'F.R shall not he required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR'S services have been A, terminated try O\7v`NM the termination will no affect ;in rights or remedis of OWNER against CONTRACTOR then existing o which msy thereafter sortie Any retention tx payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15,4. Upon seven loos written notice to CON'I'RACfOR and ENGINEER OWtihR may. without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement In such care. CONTRACTOR shall be [mid (withom duplication of any dims)-, 154.1 far completed and acceptable W mk cxecuw I in accordance with the Contract Monuments prior to the effective date of termination including faro and reasonable sums for overhead and profit on such Work. 15.42for spenses sustained pica to the effective date of termination in performing services and fiunishmg labce, materials or equipment as required by the Contract Documents in ctvmeetion with uncompleted Work, plus fair and reasonable sums low overhead and profit on such experts s. 15A.3. for all claims, costs, lusscs and damages incurred in settlement of terminated etrmmus with Submmraclors, Suppliers and odrers: and is 4.4 for ressorahle expenses directly annhutable to termination. CONTRACTOR shall our he paid on acccxm of Irns of anticipated profits or revenue or other economic loss arising om of or resulting Goa such tCMIMAtiort CONTRACTOR t1lap Stop Mork or Terminate. 1 _55. IC through no act tx fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of town or other puhfic amhi or ENGINEER fails to act on any Atildcatian ter Payment within thirty days after it is submitted a OWNER fails for flurry days to pay CONTRACTOR am sum finally determined to be due, then CONTRACTOR may, upon seven days wramn notice to OWNER and PMT WEER, and provided OWNER or ENO1N EER do nm remedy such suspension or thilmc within that tim, minuete the Agreement and recover from OWNER payment an the saute terms As provided in paragraph 154 In lieu of terminating de Agreement and without lrejudice M any other right or remedy, if ENGINEER has faded to act on An Application fm Pavmem within thin), days offer it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days'' written notice to OWN?R and EN(;INF.F,R nrtp the Work =11 payment of of all such amounts due CON7'RAC7'OR, including interest thereon. 'I he provisions of this pnmgmph 15.5 arc net intended to preclude CONTRACTOR fratt making claim under Articles I I and 12 fa an increase In Contract Price or Cattroct Times aotherwise far cirpensxs or damage ducctly attributable to CO NTRiCTOR's stopping Work is permitted Iry this paragraph ARTICLE 16—D3SPCiTE RFSOLMOIN If and to the scion that OWNER and CONTRACTOR have agreed on the method and procedure tar resolving dtspums between them that may Anse under this Agreement, such dispute resolution method and procedur, if•any, shall be As set forth in Fahihn GC -A, Dlsputc Resolution .Agreement", to to Attached heeo sad made a Pan hereof If no such ngtrement on the method and prcedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10. 9.11 and 912, 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—htISCELLANEOUS Giving Novice.: 17.L Whenever urty provision of the C'ommct Documents requires the giving of written notice, it will he deemed to have hem validly given if delivered in person to the indiv dual or too member of the firm, or M an otYccr of the (aepomtion fa whan it is intended or if delivered m or sear by registered or certified mail, postage prepaid to the lost nosiness address known to the giver of the notice. 17.2. Cmrtpuadion of Tinre: 17_2.1. Mum any period of time is rcfeaeed to in the ("mi act Oreumena bV days, it will be computed to csclude the first and include the last day of such pined If the last day of env such period falls on a Saturday or Sundry a on a day made a legal build, by the law of de applicable jurisdiction, such day will be omitted from the compotation - FJMCGF.NFRAI. (V W. ITiONS 191" t1990 eanml w� (]N GF F00.T t'OW NS MCa1I1lCATIJNS 11(fV.1 ]a1p1 17.12. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or COVE RAC'fOR suffer injury Of damage to person or property because of any error, ornission a act of the other party or of any of the other pnnys employees or agents or others Mr where acts the otter party is legally liable, claim will be made or writing M the either surst y within a reasonable time of the fi observance of such injury or damage, The provisions of this paragraph 17.3 shall na he conspucd as a sabs mte for Or A waiver of the provisions of any applicable statute of limitations or repose.Camulathw Remedies 17,4 The duties and oblipit,ma imposed by thane. General Conditions and the rights and remedies available hereunder to the games hereto, and, in particular but withuut limitation the warremies, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 630, 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 HNGINF'ER thereunder, are in addition to, and are not to he ccrostmed in any way as a limitation of any rights and remedies available ui any or all of them which are otherwise urpcsed a available by Laws or Regulations by special warrant, or guarantee or by other provtsiaw of the (;ginner Documents. and the provisions of this paragraph will be as effective As if repeated specifically in the Crnlmcl Doeumonts in connection with arch particular duty, obligation. right and remedy to which they apply. Professional Fees and Coun Corm Included. I7. i_ Wheneva reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers_ Architects, attorneys and other prormionals and all ctwn or arbitration or other dispute resolution costs 17 6 The laws of the Sime of Colirad9 apply try this .Agrc rut Rrferency to Iwo D91nem Colorado sat sex are As follows' 176_I. If" clam s fI t OWNER M no4qued by law fCRS 33-36-1071 to wmhlwld from all payments to (_QNt'RA(. IOIt surCimt funds M insure the ltalme t ' all c ices fur labor materials, team h- su5DIT c,prrn•nsionss provender, or other _supplies used or mntawned by CONTRACTOR or his 3.3 F.cnr ct�x,�. coamrno,vs i 9in-R crew ��u�wn 34 w� CITY OF FORT C01-U S MCDOCATICIM MEV 4ROd)1 fflti fore left hLild; inimgonallv.) FJ OFNFRAI. MNDITIONN I9i u-A fl"o R311a0 W ❑rY OF FORT GOWNS W DITICSpONS IREV 4 ^UY» s E R I t'o Lam) LL I \\ R\ME RT 1 I �� ] RPRAPEO1 U/SFOR FACE OF DAM NO SHOWN 1 FOR URY PURPOSES 3 SEE SLEET 11 FOR PIAN AND PRORM II 1 ELF i ro I I E i < O�N Z ILL J, nn z s UL S `�1llYf V EW li E ` t l e 7 �1 ~ 9 MPE [ 0 HDj( I ) CONCRETE PIPE ENCASEMENT TO BE IHSTAULU IN TWO SWAMR LIFTS FRSF U" TO ME SPRNOINE OF ME n u rm 2l—NlN PIPE WNN ME ME 1D 13 INCHES AWVE ME TOP OF THE PPE 1) THE YhMCM STEEL PIKE NIO ME W yo IO—NCH PVC FIRE .ARE TO BE F1U1D WIM TI WARP PRIORPINIPNG E wr sm u CONRER CONCFNLISFLEM PROFILE OF OUM WORKS MANG CENRRUNE STATIONING OF PRINCIPAL OUTLET CHANNEL tl �( BFF SNFR 3 fOP PMNIi1L OVFLR ESCIMRG[ CVRVE CITY OF FORT COWNS „�,„ r,,,w r,,.N„ a h. ROBERT BENSON RESERVOIq pgINCIPAL OUTLET WORKS 10 0117 S`_• w FAIRPORT DAM ID P040123 PUN AND PROFILE °4 v __ RESERVOIR DAM IMPROVEMENTS C9 City 0r Pmchasi Services Purchasing Division1+ Fort N Mason St 2 Floor PO Box 580 Collins For Fort Collins CO 80522 970 221 6775 Purchasing 970 221 6707 Icgov corn/purchasing SPECIFICATIONS ► D CONTRACT DOCUMENTS Qf1� Robert Benson Reservoir Dam Improvements BID NO 6116 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 16, 2008 — 3 00 P M (OUR CLOCK) CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020 1 000202 00100 Instruction to Bidders 00100 1 001009 00300 Bid Form 00300 1 003003 00400 Supplements to Bid Forms 00400 1 00410 Bid Bond 00410 1 004102 00420 Statements of Bidders Qualifications 00420 1 004203 00430 Schedule of Major Subcontractors 00430 1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500 1 00510 Notice of Award 005100 00520 Agreement 00520 1 00520 6 00530 Notice to Proceed 00530 1 00600 Bonds and Certificates 00600 1 00610 Performance Bond 00610 1 006102 00615 Payment Bond 00615 1 006152 00630 Certificate of Insurance 00630 1 00635 Certificate of Substantial Completion 00635 1 00640 Certificate of Final Acceptance 00640 1 00650 Lien Waiver Release(Contractor) 00650 1 006502 00660 Consent of Surety 00660 1 00670 Application for Exemption Certificate 00670 1 006702 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700 1 00700 34 Exhibit GC A GC Al GC A2 00800 Supplementary Conditions 00800 1 00800 2 00900 Addenda Modifications and Payment 00900 1 00950 Contract Change Order 00950 1 00950 2 00960 Application for Payment 00960 1 00960 4 SPECIFICATIONS SOILS REPORT SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 SECTION 00020 INVITATION TO BID Date September 25 2008 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3 00 P M our clock, on October 16, 2008, for the Robert Benson Reservoir Dam Improvements, BID NO 6116 If delivered, they are to be delivered to 215 North Mason Street 2nd Floor, Fort Collins, Colorado 80524 If mailed, the mailing address is P 0 Box 580 Fort Collins, CO 80522-0580 At said place and time and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6116 Robert Benson Reservoir Dam Improvements This will include furnishing all labor and installation of all materials for the rehabilitation of the Robert Benson Dam including but not limited to the following items The project includes the rehabilitation of the existing Robert Benson dam, including stripping and rebuilding the existing dam embankment, the construction of a new principal outlet pipe, a new irrigation intake pipe, new riprap slope protection and the construction of a new emergency spillway All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins 215 North Mason St 2nd floor Fort Collins Colorado 80524 Contract Documents will be available September 25 2008 A prebid conference and job walk with representatives of prospective Bidders will be held at 1 00 p m , on October 2 2008, at 215 North Mason, Training Room, 2nd Floor, Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting The Contract Documents and Construction Drawings may be examined online at • City of Fort Collins BuySpeed '')ttps �/secare2 fcgov con/bso/lo ii JSP Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2 3 of General Conditions Substantial Completion of the Work is required as specified in the Agreement Rev 10/20/07 Section 00020 Page 1 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein Bid security in the amount of not less than 5- of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sales Prohibited/Conflict of Interest No officer, employee or member of City Council shall have a financial interest in the sale to the City of any real or personal property equipment material supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins 31 James B O'Neill, II CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 1 0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No 1910-5 1990 ed ) have the meanings assigned to them in the General Conditions The term 'Bidder means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder The terms "Successful Bidder' means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid No partial sets will be issued The Bidding Documents may be examined at the locations identified in the Invitation to Bid 2 2 Complete sets of Bidding Documents shall be used in preparing Bids, neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300 00410, 00420, and 00430 fully executed 2 4 OWNER and Engineer, in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3 0 QUALIFICATION OF BIDDERS 3 1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract The Statement of Qualifications shall be prepared on the form provided in Section 00420 3 2 In accordance with Section 5-160 of the Code of the City of Fort Rev 10/20/07 Section 00100 Page 1 note that Section 01555 Traffic Regulation of the specifications addresses traffic control and work area safety items related to the project Q What is the Engineer s estimate for the project9 A The city typically does not provide the exact engineer s estimate but rather a range of cost they believe to be appropriate for the project In this case the cost estimate range is $450 000 to $550 000 Q Please clarify what is expected through the Unclassified Excavation, Embankment Muck Excavation and Haul and Disposal pay items A Unclassified Excavation The Unclassified Excavation pay item is to include the contractors cost to excavate the dam site to the lines and grades shown on the drawings Monthly progress payments will be based on field measured quantities The final payment of this item will be adjusted based on actual surveyed elevations and calculated volumes Haul and Disposal The Haul and Disposal pay item is to include the contractors cost to load haul and stockpile the excavated material to the designated stockpile location as shown on Exhibit 1 of the plans The cost to load haul and stockpile Muck Excavation material should also be included in this item Embankment The Embankment pay item is to include the cost to place moisture control and compact previously excavated material this is suitable for dam embankment Muck Excavation The Muck Excavation pay item is to include the contractors costs to excavate muck material from the jobsite to the lines and grades shown on the drawings This pay item does not include muck excavation that may be required to control water or dewater the site This work shall be included in the Reservoir Dewatenng pay item This pay item also does not include muck excavation that may be required to stabilize the new intake or outlet structure or pipe trenches through or adjacent to the dam The cost to stabilize any pipe trenches or structural components of the project shown on the drawings shall be included in the cost for those respective pay items Q Can Muck Excavation material be left on sites A Yes The muck excavated material can be left on site near the designated stockpile location However it must be separated from the main stockpile location by a minimum of 30 It in any direction Q Can the miscellaneous removal items such as concrete rubble trees and rip rap be left on site) A No These items must be removed from the site in their entirety These items become the property of the Contractor and must be disposed of properly The cost to remove load haul and dispose of these items shall be included in the appropriate removal items a Will the city designate the trees to be removed and create a line item for payments A The city will designate the area of trees to be removed and will likely tag larger individual trees as part of this demarcation However the cost for tree removal will remain as part of the Landscape — Remove Vegetation and Small Trees pay item The single tree greater than 12 inches in diameter will be marked for removal and paid under bid item no 32 — Landscape — Tree Removal (> 12 Diameter) HE Collins in determining whether a bidder is responsible the following shall be considered (1) The ability capacity and skill of the bidder to perform the contract or provide the services required (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity reputation judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service (7) the quality availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract and (9) any other circumstances which will affect the bidder's performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes licenses or other monies due to the City EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work (c) familiarize himself with federal, state and local laws, ordinances rules and regulations that may in any manner affect cost progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work Rev 10/20/07 Section 00100 Page 2 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this pro3ect should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 9 0 SUBSTITUTE ( OR EQUAL ) MATERIAL AND EQUIPMENT The Contract if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals, in case of conflict, words will take precedence Unit prices shall govern over extensions of sums Rev 10/20/07 Section 00100 Page 4 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids, or in the printed forms therefore, by erasures interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder, if initialed, OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum Bids received after the time and date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral, telephonic, telegraphic or facsimile Bids are invalid and Rev 10/20/07 Section 00100 Page 5 will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening but OWNER may in his sole discretion, release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders whether or not the Bids comply with the prescribed requirements and such alternates unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award Rev 10/20/07 Section 00100 Page 6 17 3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award 17 4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder s proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time 17 5 If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER Award shall be made on the evaluated lowest base bid excluding alternates The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER s requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds Within ten (10) days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES Rev 10/20/07 Section 00100 Page 7 OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20/07 Section 00100 Page 8 SECTION 00300 BID FORM PROJECT SECTION 00300 BID FORM Place Port Collins Cc Date 10/21/08 1 In compliance with your Invitation to Bid dated September 25, 20oe and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier's check or standard Bid bond 1n the sum of 5& of total bid amount ($ ) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows Travelers Casualty & Surety One Tower Square Hartford CT 06183 5 All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder hereby acknowledges receipt of Addenda No through 3 Rev 10/20/07 Section 00300 Page 1 8 BID SCHEDULE (Base Bid) Project Robert Benson Dam lmprovamonts Date Septembar2009 Bid Schedule Man Ooscnption knit Estimated Unit Item I Mo6(taation and Rold Overhead LG i ___. n f � 2 T a noomvo 1 ov ,� 3 Clearing and Grubbmg LS 1 4 Reservoir Deaalarmg LS 1 6 Cdistwaon #gainiorknrra Daxaladng LS 1 -� 6 comxuenon surva�nng and stating LS Y 7 Remove Conereto Rubbly aW fliprop LS 1gc*L�' 1 i /� �L9 3 Landscape RomoVoVewlation and Small Tress Ls { ��' Remove Ea u g Pnncipal-Ouilet LS 1 �Or 10 Sinp and Stoc(*6Tapsdlkcm Eohung Dam and Now Whvrry CY 4960' q i r I Unclassl6od acavatlon CY 26000 . -, 12 Mck Ex fiw CY 1020 0 73 Embankmom (Complelo InPlaea) CY 450 14 Rnut aiM Dial of Excavated tdaional to DesignatodStockpile Location pY 26570 2,,-20 k - 1s Condeto 6111 CY 49 0� 1. (*. J' `y 76 PnnclPal DuWl 2Lmch C200StwlPlpe LF lit + tg3;6gp- 17 Sand Cubfl Walt CY 13 _ m' - 00 iu Concrete Pipe Encasement LF 61 n 4n _114 03 19 PrincipalOutlet Conaafe Chalet Boirwdh SLdegalo LS Y L-=`oC17. w--yl ppp ^ 20 Pancipal OoU Meadv46 fdr241nch Stwl Pipo FA 1 3 21 I,eadwalf far 6.inch Tee Liam EA 1 p^_-W- 22 6stch PVC Too Dram net gravel pack LF 611 Z n.. - 23 SMOGago LS 1 dd--_ %3 24 Survey Monumom EA 2 25 Rlprap(class 12) CY` ilia Mtn r— 26 1ngaUon ib-Inch C900 PVC Irdpalbn Pao LF 260 MIT, 27 h(ganon brgutwnlmaka Screen L33 1 Hdp� 23 Irrigation �gatwnWd Well LS 1 O1yp0-' 30 1mgaUon tsdairon Aata Valle LS 2 31 >,4sattanwus ldetais Trash Reds LS 1 90 od• 32 Landscape, Tr" Remo✓al b 12 Diamstor) EA 1 �p - ^ 33 Landscape GrourdPraparatlonand Sadgitg AC 13 0C ^^ 34 Erosion Cwvd Ski Fence LF 3450 �, t�.60 35 Erosion Coned Tracking Pad EA 7 y�r 30 Ef0aiOn COW Sdimonl Trapgn Channel BMP EA 1 I� Cpp,- p0- TOTALCOST TOTAL COST IN WORDS F-o-tY 044& ,& l W6wiL.-( I to gsgn,� T f,>Evwbrolt 9 PRICES Rev 10/20/07 Section 00300 Page 2 Q Can the dam be breached to install the outlet works and dewater the sites A Yes The dam can be breached at the location of the new outlet works However the Contractor is responsible for all construction dewatering including permits as well as a stormwater management plan (SWMP) and permitting with the State of Colorado The trench location excavated for the new outlet works must meet current OSHA requirements for trench safety Upon completion of the outlet works installation the Contractor must restore the dam to its original condition replacing the material in kind according to the Embankment specifications included in the contract documents This work shall include keying in the embankment into the undisturbed dam cross section The keyed embankment shall be a minimum of every 3 vertical feet and extending 4 feet into the dam cross section on either side of the trench The Trench Backfill Specifications in Section 02320 are not applicable to this portion of the work and shall not be considered by the Contractor to be a valid approach to restoring the dam cross section Q Is excavation of the pipe trench material incidental to installation of the various pipe items included in the project) A Yes Q Can the pipe trench (principal outlet) material be reused on site) A Yes if it is suitable and meets the specification section for Embankment The Contractor shall reuse all suitable dam core fill material within the breached section to re establish the design lines and grades Q Will the city provide the construction surveying and geotechmcal testmgd) A The city will provide the geotechnical testing through a standing contract with CTL Thompson This work will be coordinated by our on site resident engineer Construction surveying needed to establish the lines and grades shown on the drawings is the Contractors responsibility This work is to include setting the survey monuments identified in the plans Please refer to Section 01720 Q What is the grade tolerance for dam earthwork's A The final grade tolerance for all earthwork on the project shall be +/ 0 10 feet This specification modifies Section 02315 Part 3 01 A All structural components of the project including construction of the spillway sill must be built to within'/S of the lines grades and elevations shown on the plans o What testing is required for the pipe work on the project9 A Please refer to Section 02615 for installation requirements for the 24 inch steel outlet pipe The Contractor shall note that the 24 outlet pipe will include single lap welded joint or single weld butt joints The joint welds will only be visually inspected by the resident engineer The pipe shall be coated to prevent moisture corrosion and the Contractor shall provide for field joint repair after welding has been completed Testing parameters shown below shall be completed prior to concrete encasement of either outlet pipe The Contractor shall provide all personnel and equipment necessary to perform the hydrostatic test This shall include water taps plugs valves and/or blind flanges necessary to pressurize the pipeline The pressure test shall occur over a 2 hour period where the pipeline must maintain a minimum pressure of 50 psi The contractor shall provide a means of measuring the water lost over this time The test will not be a continuous pressure test but rather a static test over the two hour period The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc , to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price RESPECTFULLY SUBMITTED Connell Resources Inc CONTRACTOR BY William S Anderson 1 Jy - Qom) _10/21/08 Signature Date Vice President Title Not Applicable License Number (If Applicable) (Seal - if Bid is by corporation) Attest `�.5� C. . "L Sheri C welch Secretary Address 7785 Highland Meadows Parkway Suite 100 Fort Collins Telephone 970 223 3151 Ema11 swelch@connellresources com Rev10/20107 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 10/20/07 Section 00410 Page 1 BID BOND <'109 AFL LIEN BY 7117SE PRESTNTS that we tie u^dersignea Connell Resources, Inc _ .s �r.nc.Dal ana as Surety are hereby held and firmly nou^d unto the C_t✓ of Fort Ccliins, Colorado as OWNER in the sum o`_ $Frve oercent (5%lof total brdfor the n.,rent of which well and truly to be made ae hereby jo_r,ly and seve-ails b.^a ourselves successors and assigns TFC c.OhDITION of this ob-igation is sucn that whereas tie Princiaal iab sLD^_tLed to the City of Fort Collins, Co_orado the occo^pa^ying Bid a,d rereoy ^fade a part hereof to enter into a Consl,ruct_on Agreerent ror the conbtruction of Fort Co_ilns Project 61.6 Robert Pelco^ Reserocir Darn -i ceo✓errerts h0' T4ERC70RE (a I_ said Bid shall be rejected or n) I` said Bid shal. be accepter and tic Sri^cipal sta_l execLte nd del-ver a ^ontract in tte forre of Contract attached hereto (Droper_y completer _n accordar„e with said Bid) and shall fur%sh a Bo`m ror �_s ra_tnzul perfor^farce of paid Contract aid for pa}irent of al_ persons perforri,g _anor or ftrnisn_ng ^aterials in connection therew_t` and sta�l _n all o-ner respects Derform the Agreement created by the aC-epLarce of said B-o then this oblige ion sha_1 be void otherwibe the same steal_ remain in force and effect, it being expressly urderstooa end agreed 7:nvz the i--oility of the Surety for any and all claims nereuraer snal, _n no e%ent exceed the penal amount of this obl_gation 2s ^e-ein stated -lie Surety for value received hereby S—Pulates and agrees t^at the co__aat_ons of said Surety and _ts BOND shall be - ^o way _rca_red or sffectcr by any extersior of the time wittir which the OWNER rav accept such B_d a^e said Surety does ^ereby wave notice of any s,ch eyters-or S-rity Cempaz_es executing bonds r-st be autForiLed .,o tra^sacs ois_ness in t o Sate of Colorado and be accepted by the CANDR Rey 012a07 Section OC410 rage 2 _I ZT\ESS WFERECe tie or_^cival ano the S�recr have ^erea^to Cet tnelr 'anon a1c _ee_s tris 16th day or October 2008, era sach of the- as are ccrnor.t_ors rave caLsec their corporate se._s to he 'c_aLc affixec aic these vr.sents to oe sigred by tieir proper off_cers the ca a a year __rsc Set ro- cove PRINCIPAL \aTc Connell Resources Inc 7785 Highland Meadows Parkway Suite 100 'ac-e. s Fort Collins, CO 80528 7, u a _t_e ra, 1 1 , am C Anderson, Vice President Sheri C Welch, Secretary (S=aL1 SURETY Travelers Casualty and Surety Company. of Amenca One Tower Square Hartford, CT06183 "_ By Title Darlene Krings, Attorney in Fact (�E L) Pev 020i07 Section 004_0 page 3 AA. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters Inc Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney In Fact No 217963 Certificate No 0 019 7 8 4 0 7 KNOW ALL MEN BY THESE PRESENTS That Seaboard Surer) Company is a corporation duly organized under the laws of the State of New York that St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the 1 iws of the State of Minnesota that Farmington Casualty Company Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity ind Guaranty Insurance Underwriters Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies ) and that the Companies do hereby make constitute and appoint Connie K Boston Donald B Martin Chris S Richmond Darlene Krings William C Bensler Kelly T Urwiller Russell J Michels Diane F Clementson Valene R Partridge Penny R Burkard Anthony P Stimac Royal R Lovell and Jennifer Winter of the City of Greeley State of Colorado their true and lawful Attonney(s) in F ict each in their separate capacity if more than one is named above to sign execute seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in then business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this day of September 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters Inc Seaboard Surety Company St Paul Fire and Marine Insurance Company 25th St Paul Guardian Insurance Company St Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Z�ip�1"S9S8CaTM4 3�r6�e0 4r �gJt WiO z\:M FSGt90i a`Jt+\Sr BESyqN8M1C;c ! ` a \,N�� tit4 fXWR010T�L \�'_SEAL* jp State of Connecticut City of Hartford ss By Georg Thompson enwr ov President On this the 25th as of September 2007 Y before me personally appeared George W Thompson who acknowledged himself to be the Senior Vice President of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters Inc Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company Travel, is Casualty and Surety Company Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company and that he as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer p TET I In Witness Whereof I hereunto set my hand and official seal My Commission expires the 30th day of June 2011 } f0fll�IG } 58440 5 07 Printed in U S A WARNING THIS POWER OF ATTORNEY &A&A C tft- ManeC Tetreault Notary Public RED BORDER SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder 2 Permanent main office address 3 When organized 4 If a corporation where incorporated 5 How many years have you been engaged in the contracting business under your present firm or trade name' 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) 7 General character of Work performed by your company 8 Have you ever failed to complete any Work awarded to your If so, where and why? 9 Have your ever defaulted on a contract? If so, where and whys 10 Are you debarred by any government agency If yes list agency name Rev10/20/07 Section 00420 Page 1 11 List the more important pro]ects recently completed by your company stating the approximate cost of each, and the month and year completed, location and type of construction 12 List your major equipment available for this contract 13 Experience in construction Work similar in importance to this project 14 Background and experience of the principal members of your organization including officers 15 Credit available $ 16 Bank reference 17 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? is Are you licensed as a General CONTRACTOR?_ If yes, in what city county and state' class license and numbers 19 Do you anticipate subcontracting Work under this Contract If yes, what percent of total contract? and to whom 20 Are any lawsuits pending against you or your firm at this time IF yes, DETAIL Rev 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability? DETAIL What company? 22 What are your company's bonding limitations 23 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at Name of Bidder By Title State County o this day of , 20_ being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this day of 20_ Notary Public My commission expires Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15- of the contract ITEM SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed The test parameters shown above apply to both the 24 inch principal outlet and the 10 inch irrigation outlet The 6 inch toe dram will be visually inspected as installation occurs The 1 1/2 stainless steel/DR 11 flushing pipe will be visually inspected during installation Q What are the extents of installation of the 1 1/2 flushing line included as part of the 12 inch irrigation Ime installation') A It is expected that this flushing line will daylight into the irrigation wet well at STA 0+00 (Sheet C10) with a solid galvanized vertical riser pipe connected to the inside of the manhole ending with a brass 1 1/2 threaded fitting capped The penetration of this line through the manhole shall be sealed with link seal similar to that of the 12 inch irrigation line shown on sheet IRR1 Q Please clarify the hydraulic operation of the irrigation line leading to the wet well A The 12 inch irrigation line is intended to hydraulically connect the reservoir to the irrigation wet well This will be accomplished through the installation of the intake screen 12 inch irrigation pipeline intermediate manhole and wet well manhole The manhole shown at STA 1+65 (Sheet C10) shall include a bolt down lid as noted on detail 8/13 Sheet C12 The plans shall be modified to include construction of the 10 inch C900 PVC irrigation line continuous through this manhole providing a 10 inch MJ by 10 flanged DI tee with blind flange for future access and testing The gate valve shown at STA 1+49 shall be moved to STA 1+75 to isolate the intermediate manhole Q Is the project tax exempt'? A Yes The project is tax exempt extending to permanent materials incorporated into the project The city has supplied a tax exempt certificate inside the contract documents and will provide their tax exempt number to the successful bidder a The specifications call for the rip rap color to be blue gray Historically this supplier has been the Andesite mine near Lyons They are no longer in business Will the city consider a change to this specification) A Yes Section 02375 Part 2 — Products Subsection 2 01A Item 5 is hereby revised to read as follows The color of the nprap shall be as approved by the Owner prior to delivery to the project site Riprap color shall be consistent on the entire project A specific color is not required for this work as the riprap is buried The Contractor shall mix the Class 12 (Type M) nprap with onsite topsoil material prior to placement and finish the work with 6 inches of topsoil covering as shown on Sheet C12 Q Is there geotextile fabric required around the toe dram bedding/filter material'? A No Detail 3/12 on sheet C11 outlines the toe drain bedding requirement CDOT Class A (3/4 minus) filter material is required as bedding/filter material The slotted PVC SCH 40 toe drain line should include slots 1/8 (max) in width spaced evenly along each pipe segment spaced approximately every 6 inches Q When will be the last day for questions on this project? A The city will accept questions from contractors on this project until end of business (5 pm MST) October 9 2008 SECTION 00510 NOTICE OF AWARD Date November 7, 2008 TO Connell Resources, Inc PROJECT 6116 Robert Benson Reservoir Dam Improvements OWNER CITY OF FORT COLLINS (hereinafter referred to as the OWNER") You are hereby notified that your Bid dated October 21, 2008 for the above pro]ect has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6116 Robert Benson Reservoir Dim Improvements The Price of your Agreement is Four Hundred Twenty Thousand Two Hundred Seventy Eight Dollars ($420,278 00) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (1'D) days of the date of this Notice of Award, that is by November 24, 2008 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified wiLl entitle OWNER to consider your Bid abandoned to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached City of Fort Collins OWNER J mes B O'Neill, II, CPPO, FNIGP erector of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 7th day of November in the year of 200E and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Connell Resources, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6116 Robert Benson Reservoir Dam Improvements and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by Anderson Consulting Engineers, Inc , who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within ninety seven (97) calendar days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter Section 00520 Page 1 1) Substantial Completion Seven Hundred Fifty Dollars ($750 00) for each calendar day or fraction thereof that expires after the ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500 00) for each calendar day or fraction thereof that expires after the seven(7) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows $420,278 00, (Four Hundred Twenty Thousand Two Hundred Seventy Eight Dollars), in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90- of the value of Work completed until the Work has been 50- completed as determined by ENGINEER, when the retainage equals 5- of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100g of the Work completed 90- of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation Section 00520 Page 2 satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95g of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 cf the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to cr to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions and no additional examinations, investigations, explorations, tests, reports, studies cr similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities 1\0 additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and Section 00520 Page 3 furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate 7 2 2 Certificate 7 2 3Lien Waiver 7 2 4Consent of 7 2 5Application 7 2 6Application of Substantial Completion of Final Acceptance Releases Surety for Exemption for Payment Certificate 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows Sheet 1 Cover Sheet Sheet 2 Cl Index of Sheets Sheet 3 C2 Project Area Map Sheet 4 C3 Demolition Plan Sheet 5 C4 Dam Site Grading Plan Sheet 6 C5 Dam Centerline Profile Sheet 7 C6 Dam Cross Sections Sta 0+00-Sta 5+00 Sheet 8 C7 Dam Cross Sections Sta 5+50 - 6+00 Sheet 9 C8 Emergency Spillway Plan and Profile Sheet 10 C9 Principal Outlet Works Plan and Profile Sheet 11 C10 10 PVC Irrigation Pipe Plan and Profile Sheet 12 Cll Miscellaneous Details Sheet 13 C12 Miscellaneous Details Sheet 14 IRRI Intake Screen and Wet Well Details Section 00520 Page 4 Sheet 15 ER1 Erosion Control and Revegetation Plan Sheet 16 S1 Inlet Box Details Sheet 17 S2 Headwell Trash Rack Details Sheet 18 Exhibit 1 The Contract Drawings shall be stamped Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers 1 to 3, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document Section 00520 Page 5 OWNER CITY OF FORT COLLINS � V By �J o'{`x.'L c 3 JAME B O'NEILL II, CPPO, FNIGP RECTOR OF PURCHASING AND RISK MANAGEMENT Date Attest Address for giving notices P O Box 580 Fort Collins, CO 80522 Approved a As Form y Attorney CONTRACTOR, -Connell Resources, Inc By Title c �L$'b 44k Date 111131OR (CORP RATE SEAL) ttest Address for giving notices -7 775 11,W..d AL �t�4.,O/w -P6r4 le%fns . CD LICENSE NO N /? Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6116 Robert Benson Reservoir Dam Improvements Zd 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 O calendar days from receipt of this notice as required by the Agreement Dated this day of , 20_ The dates for Substantial Completion and Final Acceptance shall be 20 and 20 , respectively City of Fort Collins OWNER M Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Connell Resources, Inc M Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No 105152557 KNOW ALL MEN BY THESE PRESENTS that (Firm) Connell Resources Inc (Address) 7785 Highland Meadows Parkway Suite 100 Fort Collins CO 80528 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the Principal and ( Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square Hartford CT06183 hereinafter referred to as "the Surety', are held and firmly bound unto City of Fort Collins, hh300 ii Laporte Ave, Fort ciCollinsp, Colorado 80522 a (Muni tgrahiunCdro�wengy 'ou2angUoeo undredseventy g eddhe/IN 1,k4&27R%11, in the penal sum o la aY lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 7th day of November , 2008, a copy of which is hereto attached and made a part hereof Tor the performance of The C-ty of Fort Collins project 6116 Robert Benson Reservoir Dam Improvements NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect Rev 10/20/07 Section 00610 Page 1 Q Does the city or its engineer have an estimate of flow coming into the reservoir that might indicate the amount of water needing management during construction) A We have not investigated the amount of flow entering the reservoir Contractors can visit the jobsite along the west end of the reservoir and see a certain amount of flow entering the lake area Q Will the city address any prairie dog or other wildlife issues associated with construction'? A Yes The city believes there are no prairie dogs on site at this time The city will evaluate the site prior to construction and mitigate any potential issues that might arise Will the design engineer provide an AutoCAD drawing of the site as part of the bid package's A Anderson Consultants has provided the design drawing to potential contractors through the following link https //backup cbevond net/file asp'?ID=tG+4c+dQUV3aYBJFFk9WVvutYU+N04z+zkS1 OJ IXaU3Axf h8iTtVow==u rl This drawing file is provided for information only The drawings and specifications issued as part of the bid package are to be the basis of bidding the work Q What is the availability of construction water for the site work9 A The Contractor may obtain construction water in two ways They may pump water from the Robert Benson Reservoir area or obtain a hydrant water meter from the Fort Collins Loveland Water District (FCLWD) FCLWD will charge a meter deposit and per gallon use rate for the water used from their system The water from Robert Benson is free to use as the city owns the water rights Contractors shall use potable water for all grout mixes permanently incorporated into the project Non potable water can be used for embankment moisture control o Please clarify the units associated with item no 30 in the Bid Schedule A Bid Item No 30 Irrigation — Isolation Gate Valve shall be changed from Lump Sum (LS) to Each (EA) to Please clarify the material specifications for both the steel and PVC pipe A Section 02615 Steel Pipe is revised to include the following section Part 2 — Materials 1 01 Steel Pipe Steel pipe shall conform to AWWA Standard C200 with a working pressure rating of 150 psi AWWA C200 pipe shall be straight or spiral seam The minimum wall thickness shall be 7 gage for pipe 6 inch through 24 inch diameter and 1/4 inch for pipe 26 inch diameter and larger PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 10th day of November , 2008 IINN PRESENCE OF Witness Principal C�mell Resources Inc f -$Ohn Warren, Vice President (Title) 7785 Highland Meadows Parkway Suite 100 Fort Collins CO 80528 (Address) (Corporate Seal) IN PRESENCE OF Other Partners By By IN PRESENCE OF Surety Travelers Casualty and Surety Company of America By l Witness Darlene Knngs orney m F By One Tower Squaze Hartford CT 06 3 (Address) (Surety Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev 10/20107 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No 105152557 KNOW ALL MEN BY THESE PRESENTS that (Firm) Connell Resources Inc (Address) 7785 Highland Meadows Parkway Suite 100 Fort Collins CO 80528 (an Individual) (a Partnership) (a Corppration), hereinafter referred to as the Principal" and ( Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square Hartford CT06183 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 (Munk alhC�r�o ati n� h� emafdtedr refer e(d Mea "(the T41 ATE in the penal sum of or un r en �to san o on re seven e� an ll�a�4 11�"a ul money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, succesgors and assigns, 3ointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 7th day of November, 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins pro3ect 6116 Robert Benson Reservoir Dam Improvements NOW THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise then this obligation shall be void otherwise to remain in full force and effect Rev 10d0/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED FURTHER that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this loth day of November , 2008 IN PRESENCE OF Witness (Corporate Seal) IN PRESENCE OF Principal on Il Resources Inc By �r John Warren, Vice President (Title) 7785 Highland Meadows Parkway Suite 100 Fort Collins CO 80528 (Address) Other Partners IN PRESENCE OF Surety Travelers Casualty and Surety Company of America a j ne BY&44mil. kt: �T Witness Darlene Krmgs Attorney m Fac By One Tower Square, Hartford. CT 06183 (Address) (Surety Seal) NOTE Data of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev 10/20/07 Section 00615 Page 2 POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company I Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company IAttorney -In fact No. 217963 Certificate No. 001978384 KNOW ALI, MEN BY THESE PRESENTS: That Soaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Slate of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint IConnie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley , Stale of Colorado , their true and lawful Attorneys) -in -Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 25th IN WITNESSPO �EOF, the Compnedpave caused this instrument to be signed and their corporate seals to be hereto affixed, this day of 5 pT b ZW _ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company 'travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pssu.rr` StWrlY ,.'Q y 0 PN..:!!SGN aP _ 4 `i a n41 Jp{Igtn-4UlY.y� o� * .� �fOPPon•i' �'•....y. S �4w 7� I9t11 O c °Pfafgr �4 s atRif010. j !jr 6 [+T�MAIta 2.4 F`.mt H�xTFOWJ, q ` 8 oe 4 rrtcw a°9br'��27 y� �'..SEALj�ot coxx. Y+gY 1996 \ •. 'i ,.� ...... o:. a +. AY! A1N Slate of Connecticut City of Hartford ss. By. _ Geerg Thompson, tr lice Presideal 25th September 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TETT In Witness Whereof, I hereunto set my hand and official seal. vui My Commission expires the 30th day of June, 201 I. * p��w A; �V W'� . Ten'e:mlL Nouvy Puhlic 58440-5-07 Printed in U.S.A. IS INVALID WITHOUT THE RED BORDER ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it k FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary m Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company vfAnnericas'md United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by,sald Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and, affixed the serds of said Companies this 1 Qth day of Novpmhpt' , 200-&_. Kori M. ]ohans Assistant Secretary ®rf6le'(50 197192�:SEAL V: e� o+ 1>� $ ,p sFpv nEw� 4< is.rYx�- sn';" f h sF `b/A1Nb^' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.lravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10120/07 Section 00630 Page Chant# 14427 CONREI ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 11/11/08omn) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc 4821 Wheaton Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 270370 Fort Collins CO 80527 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Zurich Connell Resources Inc 7785 Highland Meadows Pkwy Fort Collins CO 80528 INSURERB American International Companies INSURER PuinacolAssurance INSURER PE E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M IDDm POLICY EXPIRATION ATE M LIMITS A GENERAL LIABILITY CP0375782405 06/01/08 06/01/09 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Pa occurrencel $300OOO CLAIMS MADE a] OCCUR $10000 MED EXP (Any one pe son) PERSONAL &ADV INJURY $1000000 X PD Ded 5,000 GENERAL AGGREGATE $1 000 000 GENLAGGREGATELIMIT AP PLIES PER PRODUCTS COMPIOPAGG $1000000 POLICY F X PE0 TOO A AUTOMOBILE LIABILITY CP0375782405 06/01/08 06/01/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea acc dent) $1000000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Pe person) $ X BODILY INJURY HIREDAUTOS X NON OWNED AUTOS (Pe ecccent) $ X Dnve Other Car PROPERTY DAMAGE $ (Per acc de t) GARAGE LIABILITY AUTOONLY EAACCMENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO B EXCESSIUMBRELLALIABILITY BE7275064 06/01108 06/01109 EACH OCCURRENCE $5000000 X OCCUR F—ICI-AIMS MADE AGGREGATE $5 OOO OOO $ DEDUCTIBLE $ X RETENTION $ 10000 C WORKERS COMPENSATION AND 4029551 OSIOI/OB 06I0I/09 X WC STATU OTH EMPLOYERS LIABILITY E L EACH ACCIDENT $SOD OOO ANY PROPRIETORIPARTNERA XECUTIVE EL DISEASE EA EMPLOYEE s500000 OFFICERJMEMBER EXCLUDED? SPECIAL PROVISIONS b low E L DISEASE POLICY LIMIT $500 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE CRI #2081047 Robert Benson Reservoir Dam Improvements City of Fort Collins & Anderson Consulting Engineers Inc are named as additional insured but only as respects liability arising out of work performed by the named insured (Excluding Workers Compensation) Emailed only to the insured City of Fort Collins 215 N Mason Street 2nd Floor Fort Collins CO LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 311_ DAYS WRITTEN 'E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL fE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR ACORD 25 (2001/08) 1 nf2 $S42971R/M417135 nY.q 0 ACORD CORPORATION 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon AQURD zss tzaovosl 2 of 2 #S429T16fM41T135 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE [6116 Robert Benson Reservoir Dam Improvements] PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER Citv of Fort Collins CONTRACTOR CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated M CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the substantially complete and will assume full possession of the specified area of the project at 12 01 a m , on responsibility for heat, utilities, security, and insurance Contract Documents shall be as set forth under Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS AUTHORIZED REPRESENTATIVE project as project or The under the DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen You are hereby notified that on the day of of Fort Collins, Colorado, has accepted the for the City of Fort Collins project, 6116 Robert Imorovements 20 20 , the City Work completed by ,enson Reservoir Dam A check is attached hereto in the amount of $ _ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20_ Sincerely, OWNER City of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 The specifications do not include a section specifically related to the C900 irrigation pipe installation However the PVC irrigation pipe shall conform to AW WA C909 Class 150 DR18 Q Please clarify the installation of the principal outlet head gate shown on sheet C9 and on sheet S1 The installation is detailed differently on each sheet A The head gate shall be installed according to the drawing on sheet C9 This installation is atypical for a head gate It is designed such that the weir opening in the box maintains the water surface elevation of the lake while this gate is in a closed position The gate is specified as a Waterman Canal Gate Model #C 20 This model allows for up to 10 feet of unseating head against the back side of the gate Here there will only be 5 7 feet of unseating head This type of gate installation is not leak proof Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221 6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM (CONTRACTOR) PROJECT 6116 Robert Benson Reservoir Dam Improvements 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnishes, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servant 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'> possession or control concerning the project or against the OWNER of 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 anv 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 of assigns arising out of the project for all loss, damage and costs, Rev 10/20/07 Section 00630 Page 1 including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR 0 Title ATTEST Secretary STATE OF COLORADO )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the 'OWNER") CONTRACTOR PROJECT 6116 Robert Benson Reservoir Dam Improvements CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) M ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in Fact Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Rev 10/20/07 Section 00660 Page I 0 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 SPACE CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) DO NOT WRITE IN THE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building mates its 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 b y 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 RegistratmnfAomunt No (to be assigned by DOR) Perwd 0170-750 (999) $0 00 89 CONTRACTOR INFORMATION Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employers Identification Number Bid amount for your contract $ Fax Number ( Business telephone number Colorado withholding tax account number Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date I declare under penalty of perjury In the second degree that the statements made In this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date DO NOT WRITE BELOW THIS LINE Rev 10/20/07 Section 00660 Page 2 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractors name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractors place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future protects This should be your permanent number For instance if you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The succeeding numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in sequence as this may delay processing of your application Rev 10/20/07 Section 00660 Page 3 Section 00670 Page 4 SECTION 00700 GENERAL CONDITIONS Rev 10/20/07 Section 00960 Page I GENERAL, CONDMONS OF THE CONSTRUCTION CONTRACT These CrFNF,RAl, CONDITIONS have been developed by using the STANDARD CGNCR4L CONDITIONS OF TIM CONSTRUCTION CON] RAC prepared b5 dtc Engineers Joint Contract Documents Cnmmittcc, bR'OC NO 19111-8 (19W Edition), as a base Changes to that document are shmvn by underlining text that has been added and striking through text that has been deleted, EJCDC GENERAL CONDITIONS 191 M (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number $ Title DEFINITIONS TABLE OF CONTENTS OF GENERA. CONDITIONS Page Article or Paragraph Number Numdxr & Title 1.1 Addenda ............................ _-..._.........! 12 Agreement _ ............__._. _..__._. 1 1.3 Application for Payment.. 1.4 Asbestos 1.5 Bid_._ 16 Bidding Documents.. l L7 Bidding Requirements,,._ . ......... .... .....I 1.8 Bonds ..,...,.... .... ................_...__.........1 1.9 Change Or der,,, 1.11) Contract Documents_ 1.11 Contract Price .................................... J 112 Contract l'Imes_..._..__................_.....1 1.13 CONTRACTOR ............. ........ .......... ...I 1.14 defectivz_ ......... __ __.__. _.. 1 1.15 Drawings_ 1.16 liffective Date of the Agreement 1.17 ENGINEER.._ ......... ... ...... ..... .... .......J L18 EN INEERSConsultant_.,,,___.....1 1.19 Field Order 1 20 General Requirements _ , _. 2 1 21 Hazardous Waste 2 1.22.3 Laws and Regulaliovls. Laws or Regulations...................... ............... 1.22.b Legal Holidays._. _........_ .. 123 Liens .. .............. _.. _...' 1.24 Milestone C-S Noticc of Award. ... _.._. _... _. _..2 1,26 Notice to Proceed 2 L27 OWNER 128 Partial Utilization. _. _._. 2 1.29 PCBs ..... _.__........,..._.,.. ._.. 2 1.30 Petroleum _,...._. ......... _....__..2 131 project ,.... ..... ........... ................._......,I 1.33.a Radioactive Maerial 1311, Regular Working Hours ..............'_ 1,33 Resident Project Representative 1.34 Samples .... ..._..._ ........... .................._� 1 35 Shop drawings.'- 1.36 Specihcsticns._.. _. 2 137 Subcontractor.,, _.._... 1.38 Substantial Completion ... ............... ..... 2 139 Supplenlenlnry Conditions 1.40 Supplier_ _.. 2 1,41 Underground Facilities. .. __. 2-3 1.42 Unit Price Work..._ .............................? 1.43 Wwk 1.44 Work Change Directive...,_.... _....... _... 3 1.45 Written Amendment _ _.___.11 Page Number PRELIMINARNMAT MRS............... _....__.......3 2.1 Delivery of Bonds ..... ..... ......... _._..? 12 CnpicsofDocuments ____.___.__-3 2.3 Commen"mem of Cuntf.et 'I Imes, Notice to Proceed_ 2.4 Starling the Work _.__. 3 ^_ 2.7 Before Starling Construction, CONTRACTORS Responsibility to Report, Reliminanr Schedules; Delivery of Certifu ites of Insurance __. _.. _._.34 _.S Reconstruction Conference ,4 o Initially Acceptable Schedules,_,,,,,_. a COM'RACT DOUMHN'I-S. INIUNI'. ANTE-NDING, REUSE 4 3.1 7.^_ Intent_ _. 4 3.3 Reference to Standards and Speci- Eeatiorts of Technical Societies Reporting and Resolving Dis- crepancies _... .._.4-5 34 Intent of Certain Terms or Adjectives, ..._.._.........._.._.,.. _ S 15 Amending Contract Docwents,,,,,_,,.5 3.6 Supplementing Contract 337 Reuse of Documcnts i .4V.41LABILI'l Y OF LANDS'. SUBSURFACE .AND PHYSICAL CONDITIONS. REFERENCE POINTS _... _. 4.1 Availability of Lands,,,,., ___ ...5-6 4 2 Subsurface and physical Conditions...... _.........._................6 4?.I Reports and Drawings._. G 4 ' 2 Limited Reliance by CONTR1C- 'FOR Authorized; Technical Data.......... _...._.. _.......__.._......6 42.3 Notice of Differing Subsurface or Physical Conditions _.... 6 43-4 F,NGINF.RRx Review _. _.._ -. 6 4.2 i Possible Cunhact Documents Change.. _. _... ... _......, _ 6 4.2.6 Pussible Price and Times Adjustments ...._ 6-7 43 Physical Conditions --Underground Facilities,.__._. _ _.___.. 7 43.1 Shown or Indicated_........................7 4.3 2 Not Shown or Indicated _,.... 7 44 Reference Points..... ................. ..._...7 Ej(,W nNERAL Mall rIONS 1910.8(1990 EDITION) cal CITY OF FORT COLLINS MODIFICATIONS IREV 9199) FinancialServicesrmsi City Of Purchasing Dmsion Fort 215 N Mason St 2 °Floor PO Box 580 Collinsrchas Fort Collins CO 80522 970 221 6775 970 221 6707 ,, Pug fcgov com/purchasing ADDENDUM No 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6116 Robert Benson Reservoir Dam Improvements OPENING DATE 3 00 P M (Our Clock) October 16 2008 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made ADD • Dam Site Grading Plan o Go to www fcaov com/eorocurement o Login o Click Attachment 6116 ZIP FILE o Save File to your PC 6116 zip contains the Dam Site Grading Plan in ( dwg) CAD format you must have CAD in order to view the file Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED Article or Paragraph Page rVticic or Paragraph Page Number & Title Number Number & Title Number 4.5 Ashcstos, Wks. Petroleum. Hazardous Waste, or Radioactive Material meet. ._ 7.8 5. BON)S AND INSURANCE N 5.1-5' perfarmxnce. Payment and Other Bonds _._ 8 5.3 Licensed Sureties and Insurers-; Certificates of Insurance 54 CONTPACTOR's Liability Insurnnce__. 9 5 5 OWNFR's Liability Insurance,,.,. .....9.In Y 5b Property l nsurance 5.7 Boiler and Machinery or Addi- tional Property Insurance._ 10 5.8 Notice of Cuncellation Provision 10 59 CONTRACTOR'S Responsibility for Deductible Amounts',.._.....__,_, 10 5.10 Other Spermlinsumnce., 10 5,11 Waiver of Rights__, II 5 12-5 13 Receipt and Application of Insurance Procetds„.._,_.„,,... _ ._ 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Rcplacc 11 5.15 Partial [hi lization--I}oporty Insurance .................. 1 6. CONTRACTOR'S RESPONSIBILII IE3 11 6.1-61_ Supervision and Superintendence 11 6.3-6.5 Labor, Materials and Equipment 11-12 6.6 Progress Schedule 1' 6 Substitutes and Substitutand "Or-;L.... qual" Items; CONTRACTOR's Expense; Substitute Construction Methods or procedures; ENGINEERSs Evaluation.,,,,,.,,.,, 12-13 6.N-6,11 Concerning Subcontractors, Suppliers and Others, Waiver of lights 13-I4 6.12 Patent Fees and Royalties _ 14 6.13 Permits meet ........ ._.. _............ 6A4 Laws and Regulations,__._.,,_.,�14 ...14 6,15 Taxes_......___.__.. _. 14-15 6.16 Use of Premises. _, __. ..__.,-.. 15 617 Site Cleanliness. _ _ _ 15 6.IN Safc Structural Landing,_,.,__,.,._..,..,. 15 619 Record Documents _15 6,20 Safety and Protection,.,..,- 15-16 6.2I Safety Representative 16 622 Hazard Communication Programs -_ 16 6.23 Emergencies,,, to ti.24 Shop Drawings and Samples,. �16 6.25 Submittal Proctedures; CON- IRACLOR's Review Prior to Shop Drawing or Sample Submittal....,._.... __........ 16 6.46 Shop Irawrng & Sample Subm .. a- lals Review by LNG INE,LR _ 16-17 627 Responsibility for Variations Prom Contract Deem ents.,........„17 6.ZS Related Work Performed Prior to ENGINEERS Review and Approval of Required Submittals ........ ....................17 629 Continuing the tVork 17 Cr.3o CONfRACfOR's General Warranty and Guarantee 17 6.31-6.33 Indemnification _. 17-18 634 Survival of Obligations IN 7 OTIIER WORD...._ ....................... _..,........_..._ 18 7.1-7.3 Related Work at Site. .meet_ I8 74 Coordination.._.. .... _. ..�1F 8, 0WNER'SRESPONSIBILITIES._,__.. 8.1 .. Communications to CON- _. _18 IRACTOR 18 8 2 Replamment of ENGINEER I8 N 3 ............ Furnish Data and Pay Promptly When Due .. __..._....___.__ I8 S 4 Lands and (casements'. Reports and Tests._. _.. I8-11) 85 Insurance_...._ 19 8.6 Change orders.. .„._ ..... meet. 19 8.7 .. Inspections. Tests and ....., Approvals ... .... ..._ 19 8 3 Stop or Suspend Work form inate CONIIRACTOka Service 8,9 Limitations on OWNER'S Responsibilities 19 8.In Asbestw, PCBs. Petrolcwn. Hazardous Waste or Radioactive Material.,_19 8,11 Evidence of Financal Arrangements_.._ _.. teem 19 ENGINEER'S STA I US DURING CONSTRUCTION _.. _......ep. ..__. _......19 9A OWNE.R's Rresentative,.... ,_,,,,,,, 19 9-2 Visits to Site 19 93 Project Rcpresenative,.. 19-21 94 Clarifications and Interpre- Wines 11 9.5 Authorized Variations in lWk_ ?I EKW C&NLRAL C'ONtll"nCiNS 1910411990 EDI'nONI w+CITY Cff FORT Cot IINS NIODIRCATIONS IRFV 91941 W icle or Paragraph Page Article or Paragraph Number S Title Number Number 8, Title 9.6 Rejecting0e.Petve ktork___ 9 7-9.9 Shop Drawings, Change Orders and Payments... _____.. .............''1 9.11) Determinations for Unit Prices..,.._''1-" 9.11 '1. 12 Decisions; on nlspmLs; ENGI- \TSRasInitial Interpreter _. _. 22 913 Limitations on ENGLNEER's Authority and Responsibilities,,._ = .3 CRINGES IN THE WORK ....................................... 23 W,I OWNER's Ordered Change.._ 23 14. 102 Claim fa Adjustment_, ........... _ ...... _n3 103 Work Nor Required by Contract Documents ............... _ _..,.............. 23 IUA Change Orders - _ - - _ 23 10.5 Notification of Surely. 23 CHANGE OF CONTRACT PRICE„__..., _.,...__...,.._=3 11.1-113 Contract Price. Claim for Adjustment; Value of the Work 114 Cost of the Work ............. ......... ,.... I1 5 Exclusions to Cost of the Work.. „ 25 11.6 C'ONf RACTOR's Fee ........ ,..... ..... ..._ r' 11.7 Cost Records 11.8 Cash Allowances .......................... ...26 lip Unit Rice Work.__ .__... __...'''6 CHANGE OF CONTRACT TIMES __. __......_. =6 11_.1 Claim fee Adjustment..__..._ 26 122 T ime of the Essence _._.. _. _.=6 12.3 Delays Beyond CONTRACTOR's Control ._ __ _.._. _._.....?6-'-7 12A Ixlays Bcytnd OWNER'sand CONTRACTOR's Control 27 I'ES'I"S AND INSPRCTIONSI CORRECTION REMOVAL OR ACCEPTANCE OF DEH'P(-7711Y WORK..._ _. __ 27 13.1 Notice of Defuls _ 27 132 Access to the Work ... .__... ___,._.,.'7 13.3 Tests and Inspections. CONTRACCOR's Cooperation :7 13.4 OWNER's Responsibilities: Independent Testing Laboratory .. _ 27 13.E CONTRACTOR's Responsibilities..... _._.._._..___.__ 27 13.6-13.7 Covering Work Prior to Inspec- tion,'Cesting ce Approval _7 13.8-13.9 Uncovering Work at EN(;[ - Page Number NEF:R's Request ...... ............. .-7 28 13. 10 OWNER May Stop the Work,,, ,,,.,. 78 13.11 Correction or Removal of Dtfectme Wak.------. 7s 13.12 Correction Period 'S 1313 Acceptance of Defective W'ork__._.'_8 13.14 OWNER Nov Correct Defective Work_._..._._.....__ ...____ 28-29 PAYMENTS TO CONTRACTOR AND CONIPLFTION......_...._............ ............ .... _... 29 141 Schedule of Values. ..._.__.. _..._ _1-9 14.2 Application for Progress Payment 29 14.3 COIv7RACTOR's Warranty of Title.._.._.....,.._.__....._._. _.. _..113 14.4-14.7 Rev iav of Applications for Progress Payments .. _.. _....... 29-30 148-14.9 Substantial Completion__.. 30 14 10 Partial Utilization 30-31 14-11 Final Inspection ..... _.... .... .... __....1 14. 12 Final Application for Payment_... 31 14.13-14,14 Final Payment and:\ccepmncG..... 31 14 Is Waiver of Claims 31-32 1;. SUSPENSION OF WORK AND TERMINATION_..__,._.,._,,,_.. _. ....... _.. 32 15.1 OWNER May Suspend Nark 32 15.1-15A OWNER May Terminate _ .. __ 32 15.5 CONTRACTOR May Stop Work or Terminate ........ 32-33 16. IIISPIfrE R6'SCII.UTION __.. _.........._._ ....... 33 17. MISCELLANEOUS ..............._..._...............,....: 33 171 Giving Nance _. _... _. _.. 33 17= Computation of'rlmek................... 33 17.3 Notice of Claim_ _ _.. 33 17A Cumulative Remedies _._.. _33 175 Professional Fees and Court Costs Included_ ... _............. _..._33 17.6 Applicable State Laws_ 33-34 Intentionally left blank,_-, __..___ 39 F.\HIHI l (W-A(Optional) Dispute Resolution Agreement ........_.._.. GC -AI 16.1-16.6 Arhitmtion................. _.,........ (4C-AI 167 Mediation _GC -A] EJCDC GENERAL COMN'OONS 1910.811"1 UNI'[ON) wr CITY OF FORT COU-n NIODIFICATIONS IRA V 91"1 INDEX TO GENERAL CONDITIONS City of Pon Collins modifications to the General Conditions of the Construction Contract are not shmm in this index .Miele or Paragraph Number Acceptance of -- Bonds and Insurance.......... _... __. .. _...... ?. 14 defeclive Work _....__._.__. 10.4.1. 13.5, 13.13 final payment 9.1 14. 15 insurance 5,14 other Work, by CONTRACTOR _ 73 Substitutes and "Or -Equal" Items,,,„ ti. 7.1 Work by OWNER _. _,,..... _.... _. _2 5, 6.30. 6,34 Access to the-- Lnnds,OWNER and CONTRACTOR responsibilities 41 site, related Wak,,,,,,._.......... _.... _............... 7.2 Work .._ ................. I ......... ..,...... 13.2, 13,14, 14.9 Acts or Omissions-, Acts and 0missions- CON'1"RACIOk 6.9. 1. 9.13.3 IiNGLNHER 6.21I, 9. 13.3 OWNER ...... .. P20, 8.9 Addcnda--definition of (also sec definition of Specifications) _.. (1.6, 1, 1(1. 6. 19). 1.1 Additional Propertv Insurances _. _ 5 7 Adjustments_ ContractPrice or Contract Times. ........................ .. 1. 5, 3.i. 4A, 43.2, 4.3.2. 4,53, 94. 95, 10.2-10.4. ......_ ................_..._.......... It, 12, 148, 15.1 progress schedule,.. 6.6 Agreement-- ---"� definition of _ I.'_ "All -Risk" Insurance, policy form Allowances. Cash, I1.9 Amending Contract Documents ,., i.5 Amendment. Written - in general................;.10, 1.45, 3.5. 5.10, 5, 12. 6.6.2 6.5.2, 0,19. 10. I. 10.4. 11 2 .................................... 12 1, 13. 122, 14.7.2 Appeal, OWN11,R or CONTRACTOR intent to_,,,__ ..... , ,.,__,.9.10, 9,11. 10,4, 16. 2, 16.5 Application for Nymcnt-- definnton of 1.3 HNGINEHHskespwnsibilny, 9,9 Frail payment .. .,,.... J.13.4, 9. 13, i. 14.12-14.15 in general,..., , _.............. _'-. S, 29. 5 6A. 9.10, 15 5 Progress payment _. .. I41-14.7 review of _. _.._...__ _.. _.. 14.4-14.7 Arbitration , " ".,".,.,,.,..16.1-16.6 Asbestos -- claims pursuant thereto. ...........................4 S_', 459 CONI'PACTOR authorized to stop Work _ _ 4.5.2 definition of.," ............... ... _.._.1.4 v Article or Paragraph Number OWNER tcsponsibi Fly tote I .- _. -...4.5. I, S. 10 possible price and times change_.. 4. 1.2 Authorized Variations in Work....._ .3.6. 6 25, 6.27, 9.5 .Availability of Lands ,.._.. ._ 4.1.8.4 Award Notice of-defacd 1,25 Brune Starling Construction.... _....,..... _... _.... _.15 '. S Rid --definition of ... 1. 5(1.1. 1. 10,^_, 3. 33. _... ... .. 4.26.4, 6. 13, 11.4.3, 119 1) Bidding Documents--defmition of 6 6 8 _ Bidding Acquirements-defniton of __...._.__... __.... _. 1. 7 i1. 1. 4.2. 6.21 Bonds— acceptance of _. 5.14 additional bonds. _. .. 10.5, 11.4.59 Cuss of the Work ... _. _..,. _..,. _.. _ ,11.5A definition of _._ _. _.. 1.8 dcbvery of ' L 5.1 Final Application for Payment.. 14.12-14 14 general .._.........._. ............1,10. 5. 1.i,3, 5A3. .......,.... _........................_`113, 10.9. 14.7.E Performance, payment and Other 5.1-5.2 Bonds and Insurance --in general_.,.,__ 5 Builder's risk "all-risk" policy form _ _ 5.6.2 Cancellation Ptlivisimb. Insurance...,,. _ 5.4,11, 5.8, 5.15 Cash Allowances 11 8 Certificate of Substantial Completion _1.38, 6.30.2.3, . _. _. 14.9, 14. 10 Certificates of Inspection. _. 913.4, 13.5. 14,12 Certificates of Insurance „ 2.7. 5,3, 5.4. 11. 5.4.13. ......... I ............. 5. 6 i, S,S, 5. 14, 9.13.4, 14. 12 Change in Contract Price_ Cash Allowances_........ ....___.........__._.... 11 8 claim caprice adjustment,..,.,,,,,.... 1, 4.2.6, 4.5, 515, 6, 5.2, 9A 9.5.9. 11, 11) 2, 10.5, 11 2- 139. 13. 13, 13 14, 14.7. 151, 15-i CONI'RAC I OR's fee 11 6 Cost of the Work general., _... _....... _............. _.-11.4-11.7 Exclusions to.,. _. _. _.. 11.5 Cost Records 11.7 in general",""......... 1.19, 1.44, 9 11, W 4.2, 10 4.3, 11 Lump Sum Pricing.. _. _.._ 11.3 2 Notification of Surcry" 10 5 Scope of _....._. ..._ 10.3-10A 'Testing and Inspection, Uncovering the Work _ 139 E1 OC (ENERAL CONLHnONS 191oA 11990 FL91'n ON) cat r11Y OF FORT COLLINS MODIRCAT1ON5(REV 91991 Unit Price Work .......................................... 11.9 Article or Paragraph Number Value of Work.......__... .__._.... _...... ....... 113 Change in Contract Times - Claim for times adjustment 4.1. 4'6, 45-5.15, 6.8.2. 9 4. 9.5, 9. 11, 10.2, 10,5, 12. I. 13.9, 13,13, 13. 14, 14.7. 11 1, 1 S.5 Contractual time limey, ... ........... .. ..__......... 122 Delays beyond CONTRACTOR'.s control_ ............... ................... ................. 113 Delays beyond ONVNER's and CONITRACPOWs control .._. _.... _............... 124 Notification of sur ty _,. _, W S Scope of change. .... _............. _._........... I0.3-10.4 Change Orders— Acceptance ofDef✓curve Work....,.._. _.. .13.13 Amending Contract lkxxtment5„ ,,.........._....,, ' Cash Allowances _...__.......,... _......_....__,_..ILR Change of Contract Price.,...._....._, _.,...... _.... _,lI Change of Contract Times_... _.. 12 Changes in the Work ___. ._.. _. 10 CONTRACTOR's fee ...... _..... _................. _.11 6 Cost of the Work_......_ ._.. _.. _.___... 11.4-11.7 Cost Records. ........................................ ..._......11.7 definition of. _ 1.9 emergencies .............................................. _.....0 23 F-NGINEER'sresponsibility, 98, 104, 112, 111 execution of. _._...__. _....._.___......,., 10.4 Indemnificuon..._. _ ..¢_1? 6. 167 6.-11.6.33 Insurance, Bonds and _.. __.. . 5.10. 5.13, 10.5 OW-NERmayterminats .._ __.. __.. 152-154 OWNER's Responsibility,......,.... 8.6, 10.4 Physical Conditions - Subsurface and...,. ..... ......... ...._......... ..........4 2 Underground Facil ties-- ___. ___.4.3' Record Docuunents...........................................619 Scope of Change _ _......... _.. . _. _..._ 103-10A Sutxtitnoes....._......_.............................. 6J3; 6,9.2 Unit Price \Nark_... _.._.__.._......_. ... _ 11 1) value of Work, wvered IA I L3 Changes in the Word... ., , .___ ..,.._....,._._. _ _. _..11) Notification of surety,,,,,,,,... _, _....,... _.,....., _.., 10.5 OWNER's and CONTRACTOR's responsibilities,_._. _.. .__....__ ._ 104 Right to an adjustment_ _ it) I Scope of change ............... _............... .......,10.3-10 4 Clairri against CONTRACTOR, ........... ...................... 6,16 against ENGINEER _. ___ 6,32 against OWNER_ .......................... _..,.............. 6.32 Change of Contract Price,,, _..,......9 A, 11 2 Change of Contract Times,,,,...,..,. _ _.,...., _.9.4. 12.1 CONT'RACTOIt's 4. 7.1. 9.4, 95, 9.11. 10.2. ..IL2, 11 `.,, 12.1, 139, 14.5, 1 i.1 15. i, 17.3 CONTRACTOR'S Fee ............................ I..........11 6 Article or Paragraph Number CONTRACT'OR's liability._ A4. 6.17, 6. 16, 6.31 Cost of the Work..,..._....___..__........__... 11.4. 11.5 Decisions on DlsputES...... _... _. _.. _. _. -_...9. 11.912 Dispute Resoluliwt _. __.. 16.1 Dispute Resolution Agreement_.. 16.1-16.6 ENGINEER as initial imerpiclor, ,,..... 9.11 Lump Sum Pricing __............... ,. _. ... 11.3.2 Noticeof...........................................................17.3 OU'NER's...._. 94. 9. i. 9- 11. 10.2. 11.2. 119 ...._......._,....,...12.1, 139, 13.13, 13.14, 17.3 OWNER's liability ......_.._ _,.__... __. ' 5 OWNER may refuse tc make payment._ .............. 147 Professional Fees and Court Costs Included _. _ _.. 17.5 request for formal decision on ............ ._`, I I Substitute Items _.... _.. __ .4.7.1 Time Extension...___.___. _.... .......__,..,_ 1'_.1 Time requirements. I7nit Price Work If 9.3 Value of ...... ...... _... ... .._.,...... ._hl...3 Waiver of --on Final Payment,_..... _.... _ _ 14.14, 14.15 Work Change Directive ......... _......... ................. 10 _2 written notice required 9.1 I. 11 ', 12.1 Clarifications and Interpretations,,,,,,,,,,,, 3,6_3, 94, 9.11 Clean Site _... _............ ..-.__. _..6.17 Codes of Technical Society. Organization or .Assxiatinn 3 3.3 Commencement of Contract Times. _. 2.3 Communications -- general _..... . .. _... ..... .. _., 6.2. 6.91 F.I Ilazard Communication Programs.. _....... . ti= Completion -- Final Application for Payment _ _.__..,,14, 12 Final Inspection........ _ .................................... 14. 11 Final Payment and Acceptance_ _. _. 14. 13-14.14 Partial Utiliaation............................................14.10 Substantial Completion__. _ ... _..I.3%, 14.5-14.9 Waiver of Claims.. _... _. _.. 14.15 Coco potation of Tim es.... _. _................. _...17.^_.1-17 12 Concerning Subcomtractcra, Suppliers and Other&. _._._..._._.. ._.___.___,_6. 9-6, 11 Conferences -- initially acceptable schedules _.. _. =.9 preconstructiort...._... _.. _.. _.............. _... _.. _,.......2 9 Conflict, Error. Ambiguity, Discrepancy— CON'I'RACfOR to Report... .... .. 15,3, 3.2 Construction. before ,starting by CON RACf()R ........_................................. _2.5-2.7 Construction Machinery, Equipment, etc„ 6_4 Continuing the Work... _.. .,. ., _,6.29, 10.4 Contract Documenls- Amending.._. _.... _. _.... _._.3.i Bonds 5,1 EX-J)0 OENERII CONDITIONS 191a-8(1"0 EDITION) ,0 (1T' OF FORT COLLINS MODIFICATIONS IFIRV 9'") Cash Allowances Article or pdragrapft Number Change of Contract Priu. _ _ _ _. _.. _ _. _ _._ I 1 Change of Contract Times.__,.,,.,,, 12 Changes in the Work._ _ .,, ... ..... __11)4-10.5 check and verify.. _. +S Clarifications and Interpretations,.3.2, 3.6. 9.4. 9. 11 definition of ... ..__. 1,10 ENGINEER as initial interpreter of,,,,,.,._„.,-. .... _. 9.11 ENGINEER as(ANWER's representative gencrnl3 Insurance S i Intent ,3 J 1 ........................................................ in: mor variations in the Work ..0 ; OWNER's responsibility to furnish data $.? OW NER's responv ihi lily to make prompt payment..,...__. ..8.3. 14.4. 14.12 precedence ....... .._._..........,3. 1, 3.3.3 Record Documents ............. ... 6.19 Reference to Standards and Specifications ..... of Technical Societies,....__... _................__.. 3.3 Related Work...... 7 + Reporting and Resolving Discrepancies,.......:. 5, 3,3 Reuse of 3 '( Supplementing....._....,. _ 3.6 'Permmotion of ENGINH'ER's H'mplo3ment,.,,. 8.+ Unit Price Work.__.__......-...._. _,..., 11.9 variations 36623 _. 6.27 Visits to Site, L^NGiMSR's _. q,2 _.. Contract Price- _.. .. adjustment of 1.5, 4.1, 9.4, 11.3. 11.2-11.3 Change of Decision on Disputes,..... .._..............9 11 del -coition of Contract Times.. -. adjustment of. _.....__......... 35, 4A, 9.4, 10.3, 12 Change of . .................... ..... ... ........ ............12.1-124 Commencement of 13 definition of ... ._.,JL 12 .. _ CON'1'ItACTUR- Acceptance of Insurance __. 5.14 Communications _.. _. _.. 6 2, 6,9.2 Continue Work.... If _.6.^9, coordination and scheduling �_ 6.9.2 definition of ....................................... '1 13 Limited Reliance on Technical Dam Authorized 4112 May Stop Work o'I'annmote _..__. 15_5 provide site access to others ...................... _...%', 13.2 Safety and l-Yda;ticm _„_..... 4 3J 2, 6 16, 6-18, __. ........___ _.. 6.21-6,23, 7.2, 13? Shop Drawing and Sample Review Prior to Submittal. . _. 6.25 It Stop Work requiremcnls .......... .............. ..... 4.5.1 CONTR1CTOR's Article or Paragraph Number Compensation ..... .._,...,_.. _........__... I1.1-11.2 (Continuing Obligation 1415 Defective Work.__. 9.6. 13. 1 rc 13,14 Duty to coned defective Work 13 11 Duty to Report. - Changes in the Work caused by Emergency . + Defects in Work of Others.._..__.. 7.3 Differing conditions.. .... .... .... .......... .......... 4.23 Discrepancy in Documents_._. „+-5, 3.37, 614-- Underground Facilities not indicated .... 4.3,2 Emergencies 623 - Equipment and Machinery Rental. Cost of the Work .............,............. 11 45.3 Pee --Cost Plus„_. _. ..... __11.4.5.6. ...... 11.5.1. 11.6 17 eneral Warranty and Guarantee 4 30 hazard Comm unication Programs 6,2- Indemnification 6. 12, 6.16, 6.31-633 Inspection of the Work.. .. 7.3. 134 Labor, Materials and Equipment_.__. G.3-(i.5 haws and Regulation& Compliance hy..... _... _, 6,14.1 Liability Insurance _. S 4 Notice of Intent to Appeal,,,,,, .... ............. . 9Jn, 10.4 obligation to perform and complete theWork....._.__,.,......,._.......__......... 6.30 patent Fees and Royalties, paid tin hy._. 6 1+ Performance and Other Bonds S.1 Permits, obtained and paid for 1w 6.13 Progress Schedule ,_.... .... __,...,...,., 2.6, 29, 2.9, 6,6, __._.__ _..._._..._ 629, I0.4, 152,1 Request for formal decisionon disputes.,, _ 9,11 Responsibilities -- Changes in the Work .... ............... ... ,.... IU 1 Concerning Subcontractor& Suppliers .... .. and Others Continuing the Work _ �. ,6.21), 10.4 CONTRACTOR's expense, _ _... 6.1.1 CONfRACTOR's General Warranty and Guarantee _.,. _._.. CONTRACTOR's review prior Io Shop _.._630 Drawing or Sample submittal.._.._. 6 25 Coordination of Work . .._ _.._ 6.9? Emergencies,_.._„ 6.23 ENGIN'ELR's evaluation, Substitutes or "Or-H'qusl' hems ............................. 6,7.3 For Acts and Omissions of Others ... ....... .................. 69.1-6.9 2. 9 13 for deduelible ammmts.insurmnce 5,9 general .............. .... _..,.. 6 7,2. 7.3, 8.9 Hazardous Communication Programs 6.22 Indemnification_ _ _ _. 1 6, 31-6.33 EICDC OE'NFAAL CONDITIONS 19104 f1990 EDInONI to (TTY OF FORT COLLMS MODIFICATIONS IRF.V 9,991 Labor, Materials and Equipment,,,,,,,,6.3.6.5 Laws and Regulations...-____. _.... ri.bi Liability Insurance........................................5 4 Article or Paragraph Numher Nance of venation from Contract Documrnts__. _... _.. -. 6.27 Patent Fees and Royalties Permits..._....._ ....................... 6.13 Progress Schedule. _...... _... _. _ _.............. _.. fib Record Documents., ..., 6.19 related Work performed prior to ENGINEFR's approval of required sulTninals ................ sate strtutural loading.................................6.18 Safety and Protection _... 620, 7.2, 13 2 Safety Representative -...... _. ___. 6.21 Scheduling the Work,_„ .............. .6,9.2 Shop Drawings and Samples ........... 6'4 Shop Drawings and Samples Review by ENGINEER _. _..._... 6.26 Site Cleanliness__. .... _..... .. _.. 617 Submittal Procedures _................. .... ..... ...6 23 Substitute Construction Methais and Ill ovedures......... ......... ... ..... ......_ 6.Z2 Substitutes and "Or -Equal" Items. 67.1 Superintendence ................... _... _.........,....... G._ Supervision.._.._.._.......... 6.1 Survival of Obligations,.. _.... ...... _. _, 6.34 Taxes. _...._.. _ -. _. _.. _.. 1615 Tests and Inspections._._ To Report- Use of Premises _... _..... _...6.1616,18, 6.30.1_A Review Prior to Shop Drawing or Sample Submittal ..... ................. ............ ...._¢S Right to adjustment for changes in the Work. __ 10 2 right to claim„_.,,-.„, J, 7.1, 9A, 9.5, 9.11, 10 Z, I b2, 119. I'_-1. 13.9, 44.3. 15. 1, 15 5, 173 Safety and Protection .............._., 6,20-622, 7,2. 13.: Safety Represemative_ _.__,., _. 6,21 Shop Drawings and Samples Submittals 6.24-6.28 Special (.'onsultanls,,,, Substitute Construction Methods and Procedures„67 Substitutes and "Or -Equal" Items, Expense.._..._ _............ _.671,67.' Subcontractors. Suppliers and Others. 6.8-6.11 Supervision and Superintendence__ 6.1, 62, 621 Taxes, Payment by ... ....... _.. __..__.6J5 Ilse of treatises-,, .......................... 6.16-6. 18 Warranties and guarantees_ _ _.. 6.5-630 Warranty of Title . ...... .............. ............ .... ..._ .... 4.3 Wniten Notice Regwrrd-- CONTRACTOR stop Work o terminac.... 15.5 Reports of Differing Subsurface and Phvsical Conditions._.. Substantiaf Completion... vo 14 R CONTRACTORS --other ... .................. _..... _............... 7 Contractual Liability Insurance_. Contractual Time Limits.........................................12.? Article or Paragraph Number Coordination-- CONTR-AC'TOR's responsibility Copies of Documents __... .. _.__.. 22 Correction Period.,,,....... _... _. _............... _... . _...13.12 Correction. Removal or Acceptance of Difee'rim Work-- ingeneral _.._...... _ 1041, 1310-13,14 Acceptance of D?fechve Work. _.... _..... _..........13 13 ("ovicetirn or Removal of Defective Work... ............. ........._.....6.3rt 13.11 Correction Period 13,12 _ OWNERMay CorrWDefecnve Work -,-... 13,14 OWNER May Stop Work .,.. _...,....., _., .. _,. _.... I : 10 Case. of Tests and Inspections... _. Records 11.7 Cost of the Work— Bonds and insurance, additional, ..._ ....... )1A 5.9 Cash Discounts _. . _.11.4.2 CON'rRACTOR's Fee .......... _..................... _ ...11.6 Employee Fxperacs _... -.... 1 IA. 5.1 haclusions Co ..............................._ ................. . ,it 5 General l L4-1 L5 Plane office and overhead expenses _ 11.5 Losses and damages_ _.... 11 4 16 Materials and equipment _. 11.4.2 Minor expenses __ .... _. 11 4. 5.3 Payroll costs on change?.__. _... _. . _._IIAA performed by Subcontractors.__ __. 114.3 Reca'ds t 1.7 Rentals of construction equipment and machinery ......................................11 4 5.3 Royalty InayTnents, permits and icense fees.............�.........,......_...__..,,,11.4. is Site office and temporary facilities 11.4. 5.2 Special Consultants, CONTRACTOR:s_ _.. 11.4.4 Supplemental ....,... _.......... _..... _......... _....I L 4,i Taxes related to the Wark,,,..._ _. _.,.... ..... I1A.5.4 Testaandlnspectiott _... _.__..._. _._...___ 13.4 Trade Discounts . _... _.. 11.4.2 Utilities. fael and Sanitary facilities _ 1 Lit 5.7 Weak after regular hours,___.,,,....._..,_ .... ...,,I 141 Covering Work. .__..__. __... .___..)3.6.13.7 Cumulative Rentedics.......... _.........................17.4,17.5 Cutting, fitting and patching,_. _.. 7_' Data, to lc furnished by OWNKK .... ........ ..., ... ._.... ,.lt 3 Day--definitionof.... ...._.__... _17.1_' Decisions on Disputes.. .. .., _...-_ 9.1 I, 9.12 air/ecnye-Jdinilion of _. 1.14 d{fecrwe Work -- Acceptance of 10.4.1, 13 13 MW GUNEIM CONOrftONS 19111.8 (1990 E3)(110N) ea (TfY OF FORT COLLIN3 MODIFICATIONS IRSV 91991 Correction or Removal oF,,,,,,,,124. 1, 1111 Correction Period ._.......13.12 ............ _..... in general,,.,,,,_, ..................... ,13, 14.7, 74.11 tVticle or Paragraph Numher Observation by ENGINEER__.. _ _ 92 OWNER Nay Stop Work. _... _. _. _.. _ _ _ 13 In Prom pt Notice of De fects _. 13.1 Rejecting.......... _ ............................... _......,......9.6 Uncovering the Work... __......__. _.._.....__. 13.g Definitions _. I Dzla}•s __.._..4I.629. 123-12,4 Delivery of Ponds ...... I _cu................ _.................... Delivery of certificatesaces of tnranec, din 7 Determinations for Unit Prices,,,.,.,, ,,,,,,,, 9. p) Differing Subsurface or Physical Conditions -- ,,,,,, Notice of _ .., _ 4.2.3 ENGINEER's Review 4.2J Possible CWIIrtlCI Documents Change__ _, ......4- Possible Price and Times Adjustments,.. „4 n b Discrepancies -Reporting and Resolving _. 2 s 3 3.2. 6. 142 Dispute Rsolution- Agreement ..... 16.1-16.6 Arhitration_ _ ..............16 I-16.5 nencrall6 Mediation ...................................................... . 1fi 6 Dispute Resolution Agreement,,_._._._, 1.6. 1-16.6 ._.__ Disputes, Decisions by ENGINEER ..... ..... Documents -- Copies of Record 6.19 Reuse of 3.7 Drawings--defntton of _.._ � Lli ...... Easements .... _.. .. 41 Effective date of Agreement -- definition of 1,16 Emergencies,,,,,., _ 3 HNGINEHR- as initial interpreter on disputes,,,,,,,,,,,,,,,, 9,1 I-9.1_ definition of _ 1,17 Limitations on authority and responsibilities �. 9.13 Replacement of, g Resident Project Representative,,,_..,, ENGI EER's Consultant- definition of...,___. is ENGIN-ER's-- authority and responsibility, lira nations on. _ _.. 9,13 Authorized Variations in the Work ..... 9,5 ,..... Change Orders, responsibility For....,..9. 7, 19, I1, 12 Clarifications and (nterpretationg,...... _,.,_,i. 6A. 9A Decisions on Disputes 9,11-9 1= defech"d Wmk, notice of.. _ 13.1 Evaluation or SLLDKLtIIIC hems,..... _.................. ¢.73 Liability._ _..... _. _.....,.., _.....__.....,. o.32, 9. 1' Notice Work is Acceptable _. _.. .. _ 14.13 Observations, _ _.. 6.30.2, 9.2 OWNER's Representative ................................... 9.I Payments to the tANTR rTOR Responsibility for ..................................... 9.9, 14 Recommendation of Payment 14A. 14.13 Article or Paragraph Number Responsibilities--Lim;lations on 9.11-9.13 Review of Reports art Differing Subsurface and Physical Conditions......, ... Shop Drawings and Samples, review responsibi lty............................ ............... . 6.26 Status During Construction - authorized variations in the Wo4„_,_,.,,,,_..,.9.5 Clarifications and Interpretations _. „_._ 9A Decisions on Disputei"...... _............... ^.11 912 Determinations on Unit Price 9.11, ENGINEER as Initial Interpreter _. 9.11-9.12 HNGINRER's Responsbilities„ 9 I-91, Limitations on ENGINEER, Authority and Responsibilities,,_. _..,,...... y. 13 OWNER's Representative _ . 1),1 Project Representative .......... 93 Rejecting Defeenw Work 9.6 Shop Drawings, Change Orders and Payments ............... ..................... 9,7V9 Visits to Site y o Unit Price determination,,,,,,_.,, Vistas to Site Written consent required 7, 2. 9.1 Equipment. Lahr, Materials and _. 6.3-6 5 Equipment rental Cost of the Work Equivalent Materials and Equipment.... 6.7 error or omissions 633 Evidence of Financial Arrangements 1$.11 hsplorationsofphysicalconditim-%..,,,.,._,.,,,_, y._.I Fee, CONTR\CTOR's--Costs Plus._.... 11.6 Field Order-. definition o(.__.. issued by ENGINEF,R_..... ...... ....... ............ 3.1i.1. 9, Final Application for Payment 14,11 Final Inspection. �_. ..14.11 Final Payment-- andAceeptunce„_,. _.__...__.... _....__. 14.13-14. 14 Prior to, for cash allownces _.._......... 11.8 .... General Provisions _173-13-174 General Requirements - definition of principal references to_.. _...... '.6. 6.4, 6.66.7, 43,24 Giving Notice ........................ _...............................1 T 1 Guarantee of Wot CONTRACTOR _ . 6.310_ 14, 11 1lazard Communication Programs,,,,,,,,,,,,,,,,_ ......... 0 -? Hazardous Waste -- definition of _.,.......... _. _.. _... _..... _....... __...1.21 general _ _. _. 4.5 OWNL•R's responsibility Rx,, _. ¢.10 E1 LVGENIRAI C'ONINTIONS 191as(1990 enrnoN') W (ITY CiF FORT COLLINS MODIFICATIONS (RF.V 9199) Indemnification..._.....................6,. 11 6.IQ 631-633 Initially Acceptable Schedules... ............ Inspection -- Certificates of - .._9A3A, 13.5, 1432 Final.................................. _.................. J4 11 Article or Paragraph Number Special, required bybNG51EFR..,__ .. 96 Tests and Approval ......................8.7. 13.3-13.4 Insurance - Acceptance of, by OWNER ............ ...... ,., ......... ?. 14 Additional, required by changes in the Work...._..__ ..................._... _._..,11 4 9 Before smiting the l4'ork.._. .__.. _.. _. _.. ....''_.7 Bonds and --in general ...................... _...,...... _......5 Cancellation Provisions_ 5.S Certificates of ....... 2.7, 15.3, 5A.11. 94, 13, 5 6.5, i.g, 5,14, 9 1 i 4. 14,12 completed operations, .... _........ .......__5A.13 CONTRACTORs Liability,.........___..... _.. 5.4 CONTRACIOR's objection to coverage 5.14 Contractual Liabilitv 5.4. 111 deductible amounts, CONTRACTOR's responsibility , _ _ __59 Final Application for Payment..._....................14 1: I.tccnsed Insurers 5 3 Notice requirements, material changes,,,,,,,, i.N, ID S Option to Replace ....... ....... _.... __._. 5. 14 other special insurances ,...... .... . _......__,,.5,11) OWNER as fiduciary for insureds�,.� 5.12-513 OWNER's Liability -. _ 5.5 OWNE.R's Responsibility.._.. _. _._ -......N.S Partial UWnzauon, Property Insurance ............... 5.15 Property...__....__ ._.__.. _. __.__,5.6-5.10 Receipt and Application of Insurance Proceeds. - __.. _._.._ _.. -. _._ _5.12-513 Special Insurance ........................... ..................?. 10 Waiver of Rights5.11 Intent of Contract 1ietwn enq.................. _..........,.3 1-3.4 Interpretations and Clarifications_ 16.3. 9.4 Investigations of physical conditions.. ... 4.2 Lahr, Materials and F.gmpmenl.,...... , 6.3-6.5 Lands— and Easements....____..__ _.. _.. __ __. _. _. 84 Availability of,.. ....,._.. ..�, 4.1, SA Reports and Tests_ _. -..-....... _.._.._....1.84 Laws and Regulations --laws or Regulations -- Bonds 5.1-5 2 Changes in the Work. ....................................... IDA Contract Documents 31 CONS RACfOR's Responsibilities ... ..._..... ,.,,,__§. 14 Correction Perintl,de/ectivi, Wrork, ,)3. 12 Cost of the Work, lases.... _.......,. _,...... _ _.. 11.4.5.4 definition of _ _ I.-- general6.14 Indemnification.. _. 6.31-6.3-1 Insurance.. ............................_ _........................? 3 Precedence._ ._...�.... _.._. .....__..�...3.1, 3.3.3 Reference to.....................................................3.3.1 Safety and Protection _ ,. G.20. 13_2 Subcontractors; Suppliers and Others... ..... 68-6 11 Article or Paragraph Number Tests and Inspections....... _. _ _ _....... .._ 13.5 Use of Prem ises .....__. _...__. ......,...4. Ib Visits to Site.___._......._. _,.._......__..-._-._.. ._.Q' Liability Insurance-- CONTRACTOR's _...... .......... 5.4 OWNER's..................................................._..... 15.5 Licensed Sureties and Insurers _ S. i Liens -- Application for Progress Pnymtent _... 14' CONTRACTOR's Warranty of Title. _. _. 14.3 Final Application for Payment. __,__,__.____ 141'_ definition of ..__..... _. _. _....... 1.23 Waiverol'CLiims ._... .._. _._.. 14.15 Limitations on ENGMFrR's authority and responsibilities .. _._ - 913 Limited Reliance by CONTRACTOR Awhorized__. ._.. . _._... 42.2 Maintenance and Operating Manuals -- Final .Application for I'ayment 14. 1'' Manuals (of others) -- Precedence .__...... .... _. . 33.3-I Reference to in Contract Documents„ _. _.._. 13 I Materials and equipment - furnished try CONTRACTOR .. 0.3 not incorporated in Work.... . .. _ 14.2 Materials or equipment --equivalent, ___,,,,,,,_ _..,. 6.7 Mediation (Optimal) ._. ._... 16.7 Milestones --definition of .. ..... ..... ................... .... .....I.24 llflaCel IaneUUi-- Computation of times ..................... _ __..,.,..17 = Cumulative Remedies .__.. 174 Giving Notice ..... ..... ......................... ................ 17.1 Notice acclaim ,.._ 173 Professional Fees and Court Costs Included , 17.5 Muhl-pnmc contracts ........... ........... . ...7 Not Shown or Indicated,.....,.. _......... _... _... _..... 43' Notice oC--- AceeptabilityofProject _. __.....__.. 1413 Award, definition of _._...... ..._.__...__ ... 12S ...__.. _1.7.3 Defects.13.1 Differing Subsurface or Physical Conditions ... _A'_.3 Giving _. 17.1 'tests Rod Inspection;, 13.3 Variation Shop Drawing and Sample .... �,.6.37 Notice to Proceed - definition of _ ..__.. _.... 1.26 giving of : 3 E1CDC GENERAL CONDITIONS 19R -a 41990 EDITION) W nn OF FORT COLT. NS MODIFICATIONS IRFV 91") Notification to Surctv_,,, ...j0.5 Observations. by ENGLVEHR�., ,,, ...... ,(.30.9.2 Occupancy of the Work.......... _.._.. >.15, 6 302.4, 14.10 Omissions or acts by CONTRAtC IOR n.9, 9.13 - Open Peril policy form, Insurance.. ....... ... .. .....,.. _..� , z Option to Iicplacc 5.14 Article or Paragraph Number "Or Equal" items...... _.._ _..._... Other work? Overtime Work --prohibition of.... OtVNER— Acceptanceofsi.:focrive Work_ __.._._... _. _. 13.13 appoint an h'NGINEEK........ ................ N., as fiduciary___._. _. 517-51.3 Availabiliryof Lands, responsibility ...............-... 4.1 definition of _ _.. 1.27 data, furnish 8.3 1fay Correct Defecrive Work,._ .................._. li Id May refuse to make payment.,, May Step the Work, 13. 10 May Suspend Work, Terminate _ . _ _R.R. 13. to, 151-1 -i 4 Payment, make prompt, ........ ._.N 3, 144, 14. 13 performance of other work.... ._ 7.1 permits and licenses, requirements„_......,,.,, _ _... 0. 1.3 purchased insurance requirements, 5.6-5. to OWN6R's Acceptance of the Work A340 _'_ 5 Change Orders, obligation to e.cecule. ., 5.6. 10A Cnmmunicatians _... _.. _ g 1 Coordination Of the Work 7.4 Disputes, request for decision_._ _. _... _.9.11 Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance Notice of [)erects..........................................._.13.1 Representairve--During Construction, FNUINF'ER's Statue.......... _.......................... 9,1 Responsihilities-- Asbestos, PCBs, petroleum, Ha7ardtws Waste or Radioactive Material N.lo Change Orders. _. _..... 8.6 Changes in the Work It1.1 communications....._._. _.. _Al CONT2ICTOR's respvn,itvblies..... _.. 89 evidence of financial arrangements _ _.... _ . 8_ it inspections, tests and approvals,_ , 8.7 insurance ........_.......... _...... 8.5 lands and easements. __....8.4 prompt payment by.. ...................... _.......,...... N .3 replacementof FNG(NEER _ _ _.... IS _.8.4 reports and tests ........... ... .... stop or suspend Work„,,,., ,,,, _... S H, 13 l ll, 1 5 1 terminate CONTRACTOR, services _.. N.N. 15,-1 separate representative at sit@ _. 9.3 testing, independent ......................................... 13 d use or occupancy of the Work ......................... 5.15, 6 102.4. 14, 1i1 Written consent nr approval required ... _..,.. 9 1. 6 3 11 4 E1 W MNFRAL CONDITIONS 191a-a o99a EDrncito IW nTY Ca FORT COI.IJN9 b1ODMCAn ON91RF.V 9,991 Article or Paragraph Number written notice required _ _ .. _.7A. 9 4, 9.11, ................................... ,11 2, 11.9, 147. UA Ix'F3s-- definition of .,.... .......... _....,... _.......................1 29 general .__ _. __ 4.5 OW\ZR's responsibility for__..... Partial Utilization - definition of.. ... ._....... ................ ..........._..,._.1.28 general 6.30 2.4, 14, 10 Property Insurance ........ ....... ,....... ._ ..................i 15 Patent Fees and Royalties_. . _........ _... _.. _. _....6.12 Payment Bonds. ..... ,... .,..,....._._.. ......?.1-5.2 Payment, Recommendation o(,,.. 14�4-14 7, 1.4 13 Payments to CON'rRA(7TOR andCompletion- Application for Progre55Payment5 14.'_ CONTRA CTOR's Warranty of Title Final Application for Payment,,,,,_,....._.......,,14. 12 Final inspection..,..___.. _......_ __....__.. __, 14,11 Final Payment and Acceptance...._ _.,..14.13-14. 14 general __.. 8.3, 14 Partial Utilization_. ___ _.. _ 14. 10 Reminage........ ....... ........................................... 14,' Review of Applications for Progress payments ...... ........... .............. 144-14.7 prompt payment _.. _. _._ R3 Schedule of Values 141 Substantial Completion,,. . ,,,_ . 149-141) Waiver of Claims,... ....., 14.15 when payments due _.. _ __.. _. 14.4. 14.1.1 withholding payment _. _.. _. 14.7 Performance ponds.__._ 1.52 Permits .._........ ...,..... _.......... .....6.13 Petroleum -- definition of ............. .... ................. .......... 131) general .. __. ____ _. _-4.` OWNHR's responsibility for,,, Physical Conditions -- Drawings of, in air relating to ....... .. G4-'.1 _2 ENGINEER's review __ 4,24 existing stnlctures, 4 ' 2 general42. 1.2... .._.,...... _._._..._. _......, _.,......._,. Notice of Differing Subsurface or-..._.............923 Possible Contract Documents Change......... 4-1s Possible Price and Times Adjustments,,.._ 4' 6 Reports and Drawings ................. ...................42.1 Subsurface and.. ........... 4.2 Subsurface Conditions ................................... 4_2.1.1 'Technical llata, Limited Reliance by CONPRACfOR Authorized.,,,_.................422 Underground Pam lilics-- general ..... .. _..__4.3 Not Shown a lndioaed._. _.,._ 43 2 Protectionof,.. _... 43, 6.20 Article or Paragraph Number Shown or Indicated 431 'technical Data................................................4 22 I}econsmuction Conference..__. _. ._.._..___ _....__.22.8 Preliminary Matters ..... .... _....._.. _.,_......2 Preliminary Schedules "6 Premises. Use of _.. _. _. 6.16-6, 18 Price. Change of Contract ..._.. _... II Price, Contract --definition oC,,....... _.....,..... _. _...... I.11 Progress Payment. Applications for,....._.._..._.......14.1 progress Payment--retainaee... .......... ... ..... ..... ,..... .. 14,2 Progress schedule, CONTRNCTOR's.... 2.6. 2.8. 2.9. 6.6, 6.29, 11) 4, 15.2.1 Project --definition of Project Representative-- ENGINFfWs Status Inning Construction _ 93 Project Representative. Resident --definition of _.. 1.33 prompt payment by OWNER, .... ___...._..._.,, 8.3 Property Insurance -- Additional _...,.. _. .......... _. .__ 7 eenera15.0-5. 10 Partial Utilization _5.15, 141112 receipt and application ot-proceeds_... .]. 12-` 13 Protection, Safety and _..,,. _..... 1 _..6.20-6.21, 13.2 punch hat ................. ...... .......... .... ......... ... _... 1411 Radioactive Material-- detintion of......_.............................................1 32 s enera145 01VN?R's responsibility for,,.__... 8.10 Recommendation of Payment_. _ _. 14.4. 145. 14 13 Record Documents ._.. _.. 6,19, 14,12 Records, procedures for maintaining .... 2 R Reference Points, ,,__._..........., __.,._ .....____.,.....9A Reference to Standards and Specifications of I"celmicvl Societies....._ ... ..... ...._..............._. 3.3 Rcgulmions. Laws and (or) _ _ __ _ .. 6.14 Rejecting Defzcfive Work ............. 9.6 Related Work -- atSite ........._.............................................7. 1-T3 Perforated prior to Shop Drawings and Samples submittals review__. 6.28 Remedies, cumulative_.,._ ............. _,.........,....17.4, 175 Removal or Correction ufLiefech. Work, .___. _.113. 11 rental agreements, OWNER approval required _ _11 A.53 replacement of ENGNEER. by OWNER_....__..._._.%2 Reporting and Resolving Discrepancies,. .... ..._.........'-.5. 3. ........... 3.? 0, 14,2 Reporu-- and Drawings ........... ............ .......... ..... ..... _...,!12.1 and 'Pests- OWNh]2's responsibility_ _ _.. 5.4 Resident and Project Representative - definition of, .......... ....... ...,....,..__.,... _. _.__, 1.33 provision for.... __. _.., _Q.3 stl EXW GENERAL CONLrIIIONS 1910.8 (199a EUI'TIONI m/ IITY OF FORT COLLINS MOTaRCATIONS IRFV 9N9i FinaSerijees i of l Purchasing Purchasmg Division gDivisi 215 Y Mason S[ 2 'Floor Fort Box 530 ortCollins Fo Fort Collins CO 80�21 ////yyyy�y����� 6775 Purchasmg 970121 6707 ftqo, co„nlo„rehns,nA ADDENDUM No 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6116 Robert Benson Reservoir Dam Improvements OPENING DATE 3 00 P M (Our Clock) October 21 2008 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE The Opening Date has been changed to 3 00 P M (Our Clock) October 21, 2008 No further questions will be accepted CLARIFICATIONS AND ADDENDA ITEMS Q Is there a spec section for the passive anode9 Is this a prepackaged weight, or the weight of the anode itself? Is this zinc? Magnesium) A There is not a specification section for the anodes Contractors shall provide a magnesium anode The weight listed in the plans is the anode weight— not prepackaged Q Can you help me understand the steel plpe9 I can t figure out if you want coal tar coated, tape coated or some other coating A Specification Section 02615 allows for either coating AWWA C203 outlines the coating requirements for Coal Tart applied coatings AWWA C209 addresses tape wrap The Contractor shall maintain a consistent coating system for the entire principal outlet installation It is recommended that the Contractor use the AWWA C209 specification as it is easier to apply in cold weather applications This specification calls for spirally wrapped tape 55 percent overlap 50 mils minimum thickness Q What type of joints are to be provided butt welds welded bells O rings flanges A This question was addressed in Addendum Number 1 The Contractor is advised that considering a hydrostatic test is required flanged end sections will likely be needed Article or Nragraph Number Resident Superintendent, COh'TRACI OR's 62 Responsibilities-- - - - -- CONTRACTOR:s-in gencml ENGTNTEER's-in general _ 9 Limitation on _ 9.13 OWNER's m general..... ........ B .. _..... _. . _ _... _ Rwse of Docum ents .................. Review by CONTRACTORS Shop Drawings and Samples Prior to Submttml... ,,, 625 Review of .Applications for Progress Pa)mrentc._................................. NA-14 7 Right to an a4pu;tment _. _ 111,7 Rights of Way 9.1 Royalties, Patent Fees and 612 Safe Structural Loading___.. ..._ ....6, 16 Safety - and protection 4.3.2, 6.16, 6.18. _ ...... _6 20-621, 7.2, 132 general ....... ......... ... .... .......... .... 6 20-6.23 Representative, CONTRACTOR'S .,.__.,...... _.4.2I Samples -- definition of.. _. _ _ 1,34 general... ........................................... _.....6 24-6.2F Review by CONTPACT'OR ._.__.. 6 •1 Review by ENGM-MR ,._,.. .,§,26. 6.27 related Work .. -.. 618 submittal of _fi, 24.-' submittal procedures..... 625 Schedule of progress., .... _....,..._.._.,.,..'_.6. 2.S-? ��, 6.6. .Shop _pleb 29. 10A. 15.1.1 Schedule or Drawing and nd Sample Submittals --2.6, 2.8-1.9, 624.6.28 Schedule of Values .6, :.8-2.9, 14 1 Schedules -- Adherence to ............. ....,......... 15, 11 .Adjusting 66 Change of Contract Times .. 10.4 Initially Acceptable.......... __.... ltl 9 preliminary.......,... 26 Scope of Changes_......_ Subsurface Condition_. _..._ _..42.1.1 _..... Shop Drawings-- and Samples general ... .._....... . _.._....._,.... 24-6.28 Change Orders & Applications for PayTnents, and. ...... .................... . Y.7-9.9 definition of _.. .. � _ 1.35 ENGINHER's approval of, . 3.6.2 F:NGINHIiK's responsihdity for review, .. ._. _._.___..__ ..._.. 9.Z 6.24-6.28 related Work _ 6.28 review procedures. - _.,._ -1.8, 6.24-6.28 "'i Article or Paragraph Number submittal required ....................................... 6." 4.1 Submittal Pnicedwcs 6.21 use to approve substitution;,",,.",,,,,_,,,., P. 7.3 Shown or fndicated. _. ._ 4 3 1 .......7_2. Site Access -- 13.2 Site Cleanliness 617 Site, Visits 10- byLNGTNE6R_,. .._...._._ ... 9.2. 13.2 by others............ 13.2. "special causes of loss" policy Curm. insurance 1 6 definition of ...1 36 Specificalions- defination of _... 1.36 of Technical Societies, reference to _ _ _ 3.11 precedence ,ifi .....,._.... 3. 3.3 ...__ Standards and ecificatton.s S,p _.... .: of Technical Societies _,.... ... _... _...._... _... 3.1 Starting Construction, Before _. Starting the Work �p Slop or Suspend Work - by CONTRACTOR _....... ......... by OWNER ........................._.......... N.B. _. .15.5 I3.10. 15.1 ., see ofmaterials and equipment_ _. 4 1, 7.2 Structural Ltnding,Safty.......... ......... _.................. 6 18 Subconu actcw-- Concerning.... definition of _ ... ._ 1 37 _. delays 123 waiver ofrtghts ti 11 SubcontracLors-_in general, 6.8-6. 11 Subcontracts --required provisions_ _.. 5, 11, 6.1 L 11.4.3 Suhm ittals- Applications for Payment__. __. 142 Maintenance and (aeration Manualq,,,, 14. 12 Procedures _ 615 Progress Schedules, . .......... ........... Samples 6.246.'8 Schedule of Values 2.6, 14.1 Schedule of }hop Drawings and Samples Submissions,...,.... __.,.... _...... ._. 2.6, 1e 2.9 Shop Drawings...... _.... _... _. _. _.. ..... f5, 24-6. 28 Substantial Completicat- certification oT ... _ _..6302.3, 14.8.149 definition of Substitute Construcdm Methods or procedures 6.7.2 Substitutes and "Or Hqual" Itcros...... ..................... a,7 CON'I'RAC"1'OR's Expense 67 .I3 F-NGINEER's Evaluation .._.......... _................. 6 3 "()T-Equal'.._........... .... ........ __.. _... 61.Z 1 I Substitute Construction Methods ... FKLV GENERAL CONDITIONS 19104 H990 EDLTION7 W t3TY ()F FORT CO[ UNS MODIFICATIONS (REV 9199I Article or Paragraph Number or Procedures ._.. 6.72 Substitute Items,,, .................. ....... _. _.. ti. T L2 Subsurface and Physical Conditions -- Drawings of, in or relaing to,. _. 3 l.2 ENGINEER's Review_ ..... _...... 414 general .................. ............. .... _........4.2 Limited Reliance by CONTRACTOR Author izcd............... _.................. �.... �.4.'_ 2 Notice of Differing Subsurface a Physical Conditions_...,...... _....... ............ ......... 23 Physical. Conditions _.4712 Possible Contract Documents Change,,,,,,,,,,,,, ,, 42.5 Possible Price and'I'mus.Adjustments _ 4.2.6 Reports and Drawings . _.. __ _41.1 Subsurface and......._ ......................._.._...,. _....42 Subsurface Conditions at the Site, ,,,...._.........4 2.1,1 Technical Data_, . ............ .... �... .... ..._. _.,.42 Supervision-- CONTRACTOR'seesponsibility_. ___.. 6,1 OWNF,R shall not supervise._.,._ ..............._...... 8.9 ENGINEER shall not supery ise.__.92. 9.13.2 Superintendence..................................................... CI.' Superintendent. CONI'R.AC'I-OR's resident _._ 6._' Supplemental costs' ................................_........... 11.4.5 Supplementary Conditions-- definition of., _._., _. _......_ _.__.,.... 1.39 principal references to 1 10. 1,18, 12, _ 7 _ 4 2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, S 11, G.N, 6 13, T-1. N.11. 9.3, 9.10 Supplementing Contract Documents,, Supplier - definition of.. .................. ....................._......... 1.40 principal references to - _.3.7, 6.5, 6."A 1, 6.20. .... 6.24. 9.13, 14 12 Waiver of Rights... ..__.._..._. ..._... 6.11 Surcty-- consem to final payment_.._._....._ _.... 14. 12, 14. 14 ENGINEER has no duty to _. 9.13 Nolilication of . .,__..... ...__.,.14) 1, 10. 5, 15.2 qualification of .... ...... _............. ... ....5.1-5,3 Survival of Obligations.._.. ___.......__ _.._. _. .. 6.34 Suspend 'Ark. OWNER May,. _ _ _. _.. ... . 13.10, Is I Suspension of Work and Termination--,, _. _. 15 CONTRACTOR May Stop Work or Terminate . _... _.... _. _..... _......... _.......,151 OWNER May Suspend Work..............................15.1 OWNER May Terminate 152-15,4 Taxcs--Payment by CONFRAC1.OR......................._6 15 Technical Data-- LimitedReliancebyCONTRACTO$..... __....42.2 Possible Rice and Times Adjustments ,.. 4.2.6 Reports of Differing Subsurface and Physical Conditions. (n' 4 2 3 Tem pormy construction facilities,..... 4A ,%nick a Paragraph Number 'Termination-- byCONTRACTOR by MNER of ENGINEER's employment ._._. _. _...8.2 Suspension of Work-in gaieral, _ _ _...,.._ _.... _ I5 Terms and Adjectives .. ......3.4 Tests and Inspections -- Access to the Work, by others,.,,.,,, _.................13.2 CONTRACTOR'sresponsibilihes.._. _13.5 cost of 13 4 c,wering Work prior to _13.6-13.7 Laws and Regulations(orl ........................ 13.5 Notice of Defects 13A OWNER May Slop Work. _.. _�. 13 10 OW'NPR's independent testing,,,,,,,,,,,,,,,,,,,,,,,,,, 134 special. required by LNGINEER.._.,..,.. ...._... _... 9.6 timely notice required..,_ ... ..... 13A Uncovering the Work at ENGIrNEER's request _.. _. _ _13.8-13.9 Times - Adjusting_.._ ... .._.__. __.. 66 Change of Contract.._.. ...................12 Computation of _. I T2 Contract Times --definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 12 day _ .... 1,7 11 Mrlesttmcs_ . �.. ..._. .... 1� Requirements -- appeals _..... ?. 10, 16 clarifications, claims and disputes,,,,,, ,9,11, 11.2, 12 Commencement of Contract Times,., 13 Preconstruc[fm Conference,_ ......................... 12 8 schedules. 26, 2.9, 6.6 Starting the Work ...... ... ..... ......, 24 'Title, Warranty of ,... ,_.,..... I4.3 Uncovering Work ......................................._.... 13, 9-13.9 Underground Facilities, Physical Conditions - definition of , _.. 1.41 Not Shown it Indicated_ .... .............. ..... 4.12 protection of ., _....... ..,._.__.__4.3.620 Shown or Indicated._....._.._....._..... _._.._.. 9�3.1 Unit Price Work -- claims 1193 definition of....__......,._ ...................._............, 1.42 general] 1.9, 14.1. 14S Unit Prices- generalll.3.1 Determination for ............. ..... .... __......_._." it) ...... Use d Remise s__..... .... ...__..,........ 6. 16, 6.18, 63024 Utility owners„ _. _... _,. _.,..,. _. 6. 13, 6.20. 7.1-7.3, 13.2 Utilization, Partial 1.28, 5.15. 6.302.4. 14,10 Value of the Work _... _._. _ 11.3 Values, Schedule of _2.6- 2.8-3.9, 14.1 E)QIC GENERAL MM I ONS 1910.811%0 EDITION) cal OTY O, FORT COLLINS SIOF)MCATTONS 4UN 91991 Variations in Work ---,Minor Authorized.,.........._. _. .... ......._.. G.'_3,627. 9.5 An icle or Paragraph Number Visits to Site --by ENGINEER ____,_ 92 Waiver of Claims --on Final Paym en{ _ 14,15 Waiver of Rights by insured peniez _ _ 1 I, 6.11 Warranty and Guarantee, General --by _ _9 CONTRACTOR _.._... 630 Warranty of Title, CONTR4CTOR's„., .,,„ _...14.3 Work._ Access tq_,,,,. by others,_ _.. _. Changes in the ....... _........ _.............. __...7 Continuing the. _._. _._... _. _......... _.I0 _................. 6.'9 CONTRACTOR May Stop Work or Terminate __..... Coordination of 7.4 Cost ofThe, . 119-11.5 dclmition of, .........__......_. .. __.... 1.43 neglected by CONTRACTOR.,...., _.. 13. 14 other Work _. 7 OWNER May Stop Work ,........ __... 13. t0 OWNER May Suspend Work.......13. I0. I i 1 Related, Work at Site .................. 7.1-7.3 Smitingthe ....... ......_...................,......... ......... __4 Stopping by CQN MACTOR _ 15.5 Stopping hp OWNER ........ I5.1-15.4 t h or........... Variation and deviation authorized i n or.. minor 36 Work Change Directive— ..........: cleims purstuml to 1p definition of 1.44 Principal references t9 3.5.3, 10,1-102 Written Amendment-- defirriumof_..._._.,...__.. _..._. _. 1.45 principal references to.,............ I.10. 3, 5, i I11,15. 12, . ............ _ 6.6.3, 68 Z, f.19. fit 1, 111.4, ..._._.................... 112. 121, 1312.11472 Whitten Clarilicatinns and Interpretations .................... ............. .3.6, 3, 9.4, 9.11 Written Notice Required_ byCONTRACTOR ,_..,.. 7.1. A10-9.11. by OWA`Ek _„ _, „_,,,., 9.10-9, 11, 10.4, 11.2, 13,14 xv EXIX Of NERAL C 0NDrn0N5191a41 d 99n EDITION) W O( OF FORT COLLINS 700DIFICATIO03 I REV 91991 (this page left blank inlenlitnally) zN LN.DC C E FRAL VONUI'fIONS 1910•8119911 YJATIONI ,e- t4TY OF FORT 9,991 GENERAL CONDITIONS AId-1'ICLV I --DEFINITIONS lUherevar used in there Gancral Conditions or in the other Contact Davmcnts the following terms have the meanings imlicated which are applicable to both the sagmlar and plural thereof I Addenilo--U'ritten or graphic instrwnents issued prior to the opening, of Bids which clar& correct a change the Bidding Requirements or the Contract Documents 12. •Igneenienr—The written contract benvmn OWNER and CONTRACTOR covering the Work to be Warned, other Contract Documents are attached to the Agreement and made a put thereof as prow ided therein 1.3 gpphcafim for Pajmenr—The form accepted by 121GINEER which is to be used by CONTRACTOR in requesting rrogress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1 4 Asbesros--Anv material that cemtauss more than cue percent asbesios end is friable or is releasing asbestos fibers into the air above current action levels established by the United Stares Occupational Safety and Health AdltlllLLsltation. 15, Bid —The u1Ter or proposal of the bidder submitted on the prescribed fnrm senmg forth the pries for the Work To be performed. 1,6 Bedding Doe meats —The advertisement or invimtinn to Bid instructions to hither,, the Bid farm3 and the propoaed Contract Documents (including all Addenda issued poor to receipt of Bids). 1.7. Bidding Requirements —The ad,,ntsement or mvimtiort W Bit instructions to bidders and the Bid form. fS. Bonds —Performance and payment bonds and other instruments of security, 19 Change Otter -A dooumem recommended by ENGINEER, which is signed by CONTRACTOR arif OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Caitrne Price a the Contract Times, issued on or after the Effective Date of the Agreement, I.10, Contract Docianrents—The Agreement Addenda (which pertain to the Contract Documents), CONT'RAC70W, Bid (including documentation acCompanving the Bid and any past Bid documentation suhmtted prior to the Notice of Award) when aaached as an evhibit to the Agrmment, the Notice to Proceed, the Bands, them General Conditions, the Supplcmrnmry Candllianq the Specifications and the Drawings as the FJr'D('OFNLR41. ('ONfytTlOhS 1910A I i 99a F.Jnan' ry aTY OF FORT GOWNS MODHICATIONS'REV 4 Rnaxn same are more specifically identified in the Agreement. together with all Written Amendments, Change Orders Wnrk Change Directives, Field Orders and h'NGJNEF.'R's %kntten interpretations and clarificatiats issued pursuant to pnmpaphs3.5, 3.6-1 and 3.6.3 an or after the Effective Date of the Apeernent. Shop Drawing submittals approved purwam to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.1:2 are not Contract Documents. 111. Contract Prica—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agrecnaem (subject to the provisions of paragraph 11 9.1 in the case of Unit Price Work). LL. Contras/ has-Fhe numbers of days or the dines stated in fix Agreement, (1) to achieve Substantial Completion, and (it) to complete tau Wok so that it is ready far final payment as evidenced by GNGEdEER's written recommendation of final payment in accordance with paragraph 14.13_ 1.13. COAMICTOR--The person Cam or corporation with whom O W N'ER has entered into the Agreement 1.14. ikf ctn,e—An adjective which when modifying the wad Work refiss to Work that is unsatisfactory, faulty or deficient in that it does not conform W the Contract Documents, or does not meet the requirements of arry Inspection, reference standard lost or approval referred to in the Contract Documents, or has been damaged prior to L•'P:GINL•'ER's recommendation of final payment (aides, responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 14.1It) . 115. 0mmiingr--1'he drawings which show the scope_ extent and character of the Work to be furnished and Performed by C0NTR.AC"I0N and which have been Prepared or approved by ENGINEER and are referred to in the Contract: Documems. Sheryl drawings are not Drawings es sn defined I.I6. Ef(fearive Dare of the A✓gmemenl—Ter due indicated in the AgM=Ml on which it becranes elTeclive. but if no such date is iralicated it means the date on which the Agrmrnent is signed and delivaed by the last of the two panes to sign and deliver. 1. 17. F.MGMEER—The person, firm or capormion named as such in the Agreement 1.19 ENGWER's Conmfraw k person firm or corporation having a contract with ENGINEER to famish services as ENGINEER's independent professional associate or consultant with respect tuthe project and wha is identified as such in the Supplementary Condiuons. 1.19 rick! Order —A written order issued by FNGINh'ER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times 1.20. Geneml Requirements -Sections of Division I of the Specifications. 1,21 liazardourlVasie�fhe tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Wave Disposal Ad (421)SC Section 6903) as amended from Time to time 1,221a. Laws and Regulations: Laws or Regularion.s--Any and all applicable laws, rules, regulations, ordimatmes, codes and orders of any and all governmental bodies. agencies, authorities and courts having jurisdiction. 1 "b Leval ffolidovs-shall be those holidevs observed by the Cih- of }-art Collir�s 1 23. Liens --Liens, charges, security Interests or encumbrances upon real property or personal property. 1.24. A4rkstone-A incipal event specified in the C:antract Documents Xting to an intermediate complanc date or time prior to Substantial Completion of all the Work. 1 _5. Novice ol'Awanl-A written nonce by OWNER to the apparent s,cctssfui bidder stating that upon compliance Iry the apparent successful bidder with the candniort; precedent enumerated therein, within the time specified OWNER will sign and deliver the Agreement. 1 26 halite to Proceed -A written mince given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date an which the Contract Times will commence to run and onwhich CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Uoeuments. 127 ORNPR-The public hod), a authority, corporation association, fun or person with wham CONTRACTOR has entered into the Agreement and for whom the Work is to he provided 128 Partial 17fili:artah-Llse by 0t414ER of a mbsta imily completed pan of fix \Vcvk for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.?9. PeBs-Rolychim-mated biphenyls. 1 30. Yerralerun-Petroleum- including made oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Paluenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, ptsolme. kerosene and oil mixed with other non -Hazardous tirasus and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contrail Documents may be the wholes or a part as indicated elsewhere in the Conhacl Uocumcros. 1 3:.a. Radioactive ddarenal-Sourer- special nuclear, a byproduct material as defined by the Atomic Energy Act of WI)COF.. . L COKERIIONS 1910-8O"OErtitlaO wt CITY OF FORT COLUM MODIFICATIONS (REV anO W ) 1934 (42 LW Secncm 2011 el soy.) as amended Gum time to time. 17-b...l3�gufar 1L'nriprig_//protos--1te_gular_tcorkinghours we o4fined as 7.00a 6OOtm unless ahciv sTxei[rd in theGeneral Requirement; 1.33. Resident Pmjea Representative -The au0ircd representative of ENGINEER who may be assigned to the site or any pan thereof. 1.34. Swrrples-Rhysicvl examples of materials. equipment, or workmanship that an representative of some panorn of the Work arc! wind[ establish the standards by which such portion of the Work will be judged. 1.3i. Shop Drawings-AII dmwwVs, diagrams, illustrations, schedules and other data or information which are ssppeecificall), prepared or assembled b99 or for CON'TRAC! OR and submitted b> CON7R',AOR to illustrate some portion of the Work 1.36. Specifications -Those portions of the Contract I)ccuments consisting of written technical descriptias of materials, equipment, construction systems, standards and workmaaxhip as applied in the Work and certain administrative details applicable thereto. 1.37, Submnrmetor---An individual, firm or corporation Ihnv ing a direct comma with CONTRACTOR or with any Act Subcontractor for the performance of a part of the Work at the site. 1.A Subsianizal Completion -The Work (a a specified part thereof) has progressed to the poem wherc. in the opinion of ENGINEER as evidenced by ENGINERR's defnave cerifacate of Substantial Completion, it is suffxiemly complete, in an:admec with the Contract Ibcim tits, so that the Work (or specified pan) can be utilized for the purposes for which it 6 intended, or if no such certificate is issued when the Work is complete and ready for IM payment as evidenced by ENGINEER's written recommendation of Graf payment in accordance with paragraph 1413. The tomes "substantially complete' and "substantially completed" as applied to all a pan of the Work refer to Substantial Completion thereof. 1 _'.9 Supplemematy Conditians-The pan of the Contract Iocumems, which amendr or supplements these General Conditions. 140 Suppher-A manufacturer, fabricator. suppha: distributor, materialman a Venda having a direct contract with CONTRACTOR a with am' Subcaanctor to furnish materials or equipment in be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Umiergmmnd Facilities -All pipelines- conduits. dues. cables wares, manholes. vaults, tanks, tunnels or otter such Cacilincs or attacYmtent& and any encasements containing such facilities which have been installed underground to furbish any of the following services or materials. electricity, gases, steam, liquid petroleum products, telephone w other communications- cable television, sewage mid drainage removal traffic or other control systenis or water 1 42 Umt Price IV'rnt-Work ro be paid for on the basis of unit prices. 143il'ork-The enure completed construction or the various sepaately 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 the wnslmclion, and performing ur furva ing services and furnishing documents,all as required by the Contract Documents. 1 44 !Fork Clwnge Direcawv- % written directive to CONTRACTOR eased on or after the Effective Duo of the Ageement and signed by OWNER and recommended by ENGINEER ordering an addition deletion m revision m the Stork, or responding to differing or unforeseen physical conditions wader which the Work is to be performed as provided in parafmtph4.2 or 4.3 or to emergencies order paragmph 6.23. A Work Change Da-cc[ive will not change th Contract Price or th Contract Timed but is evidence that Jae parsecs expect that the change directed or documented by a Work change Directive will he incorporated in a subsequently issued Change Order following negotiations by the ponies as to its effect of any, m the Contract Rice or Cornet Times as provided in paragraph 10 2. 1 45 llashen.Inrzrudnren(- -A written amendment of the Contract Documents, signed by OWWM and CONTRACTOR on or after the F,'1Fective Ihtc of the Agreement and normally dealing with do mmeriginccring or nontechnical rather than strictly construction -related aspects of the Contact Documents. ARTICLE 2-PREL , UNARY h[ATTERS Deh1•eo, ofDonth: 2.1, When CONTRACTOR delivers the executed Agreements to OWNFR CONTRACTOR shall also deliver to OWNER such Eons as CON'fR.A(TOH may paragraph required to furnish in accordance with paraaph i 1 Capin ofDourmous: 2 2 OWNER shall fix -rush to CONTRACTOR up to ten copies (unless ulherwise specified in the Supplementary Condinms) of the Contract Documents as we reasonably necessay for the execution of the Wu&. Additional copies wi 11 be lumished upon request, at the seat ofrep oduction. C.'mimeneeneent nfC'nntmcr rimer: Notice to Proceed ..3. fhe Contact Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, FJCW t[mNF.RN. CO ITIONS 1510R f19am F. h iml a; CITY OF FORT COUINS MOrIMCATIONS dlEw 47WWD if a Notice to proceed is given, on the clay, indicated in the Notma to Proceed_ A Notice to Proceed may he given at any time within thirty days after the Effective I)wc of the Ageemcnt commence to no laterthanthe moteth clay after the day Starting the Work' 2.4, CONTRACTOR shall start to perlonn the Wok Up the date when the Contract Tiles commence to rue but no Work shall he done at the site prior to the date on which the Contract Times wmmeme to run Before Sraning Conpruction: 5 Before undertaking each part of the ik'ork. CONTRACTOR shall carefully study and eonpme the Contract Documents and check- and verify FFxnimt figures shown thereon and all applicable held m erasmements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNGINF.FH belire proceeingg with any Work affeckd thcrchv: however, CONTRACTOR shill riot h liable to OWNER or ENGINEER for hilum to report any cantho, error. ambiguity or dtarepancy in if, Cmtract Documents. unless CONTRACTOR. knew or rmc rsibly should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified In the General Requirements), CONTRACTOR shall submit lc hNGINF *k for review, 2.61 a preliminary progress schedule indicating the times (numbers of days or dotes) for starting and completing the various stages of the Work, including any hftlesrones specified in the Contract Documems; 2.6 � a pre.Wninary sehcdule of Shop Drawing and Smnple submittals which will list each required submittal and the times for subnitune. reviewing and processing such submtitlal; 6.'_.1In no case will a schedulebe acce Ne which allows less than :l calendar days for each review h_y Fngin r. -C.3. A prelimuar-v schedule of values for all of the Work which will include quarmun and prices of Gems aggregating the Contact Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for prataTem Payments dwig construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27. Before am Work at the site is scorned CONTRAc roR end-FJWNq:7C shall each deliver to the other OWNER. with copies to »ea�, identified in- tht Supplementary Cc-rdifirei ENGINEER. certificates of insurance (and outer evidence of insurance reasonably- -request Syg tested be OW NNF which CONTRACT <Ni and '4.1" .t4.S'i:map�Nat, is regwmd to purchase and mainain in accordance with Paragraphs 5 1, A 6 ands, Precon#ruction fbnfeence' _.S. Within twenty days after the Contract Times start to run but belu a any Work at the site is started a inference attended by CONTRACTOR ENGINEER awl others as appropriate will be heldto establish a working understanding among the parties as to the Work and to dis. the schedules referred to in Paragraph 16. procedures for handling Shop Drawings and other submittals processing Applications for payment and maintaining required records. InitiallyAcceplable Schedules: 29, Uness otherwise provided in the Contract Duc unetas, at lead test days before submisstmrt>fdte fiiret before any work at the site beams a conerertce attended by CONTPA(70R. FNGIN&fYR and deli ere tared by OWNER will be hold to review to acceptability to ENGINEER as provident lelnw the schedules submitted in accordance with Paris It Z 6 tact DDffislo0. 1._- G.encim) .Regkitl!etnergs- CONTR1Cf OR shall have an additional rat days to make corrections; and adjustments and to complete and resubmit the schedules. No Progress payment shall be made to CONTRACTOR until the schedules arc submitted to am] acceptable to ENGLNEGR as provided below. The Progress schedule will be acceptable to ENGINEER as Providing an orderly progression of the Work to completion within any specified Milesimm and the Comract'f imes, tut catch acccparce will neither impose nit ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR Trot CONTRACTOR's full responsibility therefor. CONfRACTOR's schedule of Strop Dawma and Sample submissions will be acceptable to ENGLNEft ns providing a workable arrangement fiat reviewing and processne the required submittals CONTRACTOR's schedule of values will be acceptable to E,NTGINGER as it, from andsubstance .AR'ri(,i, :3--CONTR.AQ' I)OCIf,Vik<N'fS: INT@NI', .AM RNOING, REIISE Intent 3,1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work- The Contract D camenrs are complementary: what is called for by me is as binding to if called for by all. The (Wired Documents will be construed in accodance with the law of the place of the Project. 3.2. It is the totem of the Contract Documents to F.1CDC OENFRAL COT PrATIONa 1910E 01090 FAaW cal C17YOF FORT COLUSS MODIFICATTON3 (REV 4rlaa» de crobe a functionally complete Project (o part thereof) to he constructed in accordance with the C armact Documents Any Work, materials o equiprnant that may reasonably be inferred from de Contract Documents m from prevailing custom or trade usage as being required to produce the intended result will be furnished and pre fo ed whether or not spa d!La0y called for When words tx phrases which have a well-known technical o curtrtuction industry, or trade meaning are used to deaaibe Work. materials err eguipmenl, such words Or phrases shall be interpreted in accordance with that meaning. Clarifications and intermaslions of the Contract Documoas shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical se :ienes; Heporting and Raviving Discrepancies: 3.11. Reference to standards, specifications, nationals or codes oram' teamical society, organization Or association or to the Laws ar Regulations of any govetnmeraal authority. whether such reference be specific or by implication shall mean the latest standard specification manual, code or Laws or Kegulatiom in effect at the time of opening of Bids (or. on the Effective Date OF the Agreement If there were no Bids), except as may ba otherwise specifically state{ in the Cmtmct Documents. 3.3... If. during the Performance of the Work, CONTRACTOR discovers envy conflict. error. ambiguity or discrepancy within the Contract Documents or between the Contract Documents and amp provision of any such Law or Regulation applicable to the performance of the Wok or of any such stamlard specification manual a code o of any instruction of may Supplier referred to in Paragraph 6 i, CONTRACTOR shell report it to ENGINEER in writing at once, and CONTRACTOR shall non Proceed with the Work affected thereby (except in an emergency as authon=d by puagmph 6.23) until an amendment or supplement to the Contract Documents has liven issued by one of the mcduds indicated in paragraph 3.5 or 3.6. provided however, that CONTRACTOR shall not be hubdc to OWNER or EI`iGIIN'EER for failure to report any such conflict, error, ambiguity or discrepancy unless (3)N'fRAC'IOR knew or reasonably should have known thereof 3.33. Except as otherwise specifically stated in the Comma Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated to paragraph 35 or 3.6, the provisions of the Contact Documents shall take precedence in resolving am conflict, error, ambiguity or discrepancy between the provisions of the Contract Doeumeat, and: 3-33A, the provisions of any such standard specification, manual code or instruction (whether or not specifically incorporated by reference in the Contract Dcxvmentsi. in 3.3.3.2. the Provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interprMtion of the provisions of the Contract D ocumcros would result in violation of such Law Or Regulation). 3.3.9_.. In the dyer _ s if done, Yo provision of amp such standard. specification, manual. twde or instruction shall be effective to change the duties and responsibilities Of OWNER CONTRACTOR w ENUINF3R or env of their subcontractors, coreaultaras, agents or employees from those set forth in the Comore) 1Nxumatf nor shall it he eflecuve in assign to OWNER F.NUINF:ER cam of ENOINEF.Ws Comulmnus agents or employees any duty or authority to supervise or direct the famishing or performance of the Work or any dap' nr authority to undertake responsibility inconsistent with the pxnvisims% of paragraph 9 13 or any other provision of the Concoct Ikxcmaa. 14 Whenever in the Comma Documents the terms ,As ordered", "as directed".°as squired", "as allowed". "as approved" Or terms of like effea or import are used or the adjectives "reasonable", "nimble", "aceepmhle% "proper" Or "satisfactory' or adjectives of Wee effect or import are used to describe a requirement, direction, rcviesv or judgment of ENGINIEER as to the )York. it is intended that such requirement direction review m judgment will be solely to evaluate, in general, the completed Work- for compliance with the requirements of and infwmalion in the Commer Documents and conformance with the design concept of the completed Project as n functioning whole as shown or indiawd in the Contract Documents (unless there is a specific statement imdialing otherwise)_ The use of anv such term or adjective shall not be effective to assign to LNGLNELR any duty or authority to supervise or direct the tarnishing Oe performance of the Work or any duty or authority to undertake responsibility ccotmn• to the provisions of paragraph 9.13 or any other provision of the Contract Documents. dnrenrSng and Supplanending ConrmcdDm umenrr 3.5 The Conrad Dtx.uments may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways. 351, a formal Writta Amcndmom. 3.5.2. a Change Order (pursuam to pamgmph In 41, or FJCtk_CFKFital.(GN InONN 191 US (I", EAU., 1v1 CITY OF FORT COLLINS MCCIFICATIONS SEV 4 701)1 3.5?. a Work Change Directive (pursuant to paragraph I(1.1). .i.6. In addition, the requirements of the (-wma Documents may be supplemented, and minor variatiom and deviations in the Work may be authorized, in one is,mcu-e of the following ways: 3.6 1 A Field Order (pursuant to paragraph 9 9), 7.6.2. IsTiGQ7GIIt's approval of a Shop Drawing or Sample (ptusuarit to paragraphs 6.?6 and 6.27)• ar 3.6.3. L'NGINEER's written interpremtion or clanfication (pursuant to paragraph 9,4), Neese ofDmumea& 3.7. CONTRACTOR, mid any Suhomaaw or Supplier or other person Or organization perf"mm tr furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or ratutre any title to or mvnership rights in any of the Dot,ims, Specifications or other documets (or copies of anv thereof] prepared by or fieming the sal of ENGINEER w I-,NIiNEER's Consultant, and (I;) shall not reuse any of such Dmlvings. Specifications. other documents Or copies an extensiurs of the Project w any other project withxxa written comamd of OWNER and ENGINEER and specific written vtrifimtim or adaptation by ENGINEER ARTICLE 4--AV ULABILITY OF LANDS; SUBSURFACE AND PIYVMCAL COINDITTONS; REFERENCE POIt\TS lvadabili{v afLand,- i 1. OW'NfIR shall furmsix its indicated to the Contract Documema_ the lands upon which the. Work is to be Performed. rightsof-way and easements for acorns thereto, and such other lends whicli are designated for the useofCONTRACTOR Liprm reasonaWa wrillenrayuasl. OWNER -shall lanai$-GON'I' LACTOR with a ta.t OWNER shall identify any etcumbranCM or restrictions not Of general applicahen but specifically related to use of lands so furnuhad with Whitt, CONTRACTOR will have to ednply in performing the Work. Easements fix Pemta aii smucurres or permanent changes in exist mg facilities will be obtained and paid fa by OWNER unless Otherwise provided in the Contract Documents. If CONTRACTOR aril OWNER arc arable to agree oat entitlement to or the amount or extent of any adjustments in the Contract Nice w the Contract -rims as a re ult of any delay in OWNER'% famishing these lands, nght t wav ne ssements. CON I'RAC 'I'OR may make a claim therefor as provided in eLticlrs II and 12. CONTRACTOR shall provide for all uddiboml lands and areas; thereto that may he required for wrnptmtry wasuuction facilities or storage of materials and equipment. 4.Z Subwrfaee and Physical Conrtitlans: 421 Reports and Drawings: Reference is mark to the Supplementary Conditions for identification of 4.2.1.1 Subswface Corrdibons: Those reports of cxwloralions and tests of subsari ce cundifiorss at a contiguous to the site that have been utilixd by ENGINEER in preparing the Contract Dcvawnts. and 4,2_I2. Pinuical C,,ruhhons: T'hcse drawings of physical ccaditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facifitws) that have been utiliud by ENGINEER in preparing the Commut Documents. 4.2.2. Limited Reliance by COb77L1C7Y)R Anthorned: 7'echtncal Dar¢ C0NI'R.4C9'0R may rely upon the general accuracy of the "technical dam" contained in such reports and dmwmas but such reports and drawings are rot Comma Ihacuments. Such "tadhnieal date" is identified in the Supplementary Conditonss. Except for such reliance on such "technical dam", CONTRACTOR may not rely upon a make any claim agains20wNF.R F.NNG fNEF.R csany of ENGIN'EER's Consultants with respea to: 412 1 the completeness of .such reports and drawing fur CONTRACTOR's purposes. ,eluding. but rim limited to, any aspects of the means. methods, techruyues. sequences and Procedures of construction to he emptrn,ed by CONTRACTOR and safeb, precautions anti programs incident thereto, or 42.12 other dam, inepretations. upwons and infatuation contained in such reports or shown or mdicwled in such drawings, or 422 3. any CONTRACTOR interpretation of or candusion drawn from any "ta:hniad data" or any such dam. interpretations. opwons ur information. 42.3. Nohne of Diering Cubsulace a)Physical Conditions: if CONTRACTOR believes that any sulniufaec or physical condition at or contiguous W the site that is uncovered a revealed either: 42.3.1a of such a nature as to establish that any "technical dam" on which CONTRACTOR c entitled to rely as provided in paragraphs 4.2,1 and 4.. 2 is materially mucous e, or 4,232. is of such a name as to require a change in the Contract Documents. or 42,1.1 differs materially from that shown or FJCDC 6F.NFRdt CONCR II OM 19 104 11990 Fri"Q0 w" OTY OF FORT ('OLLIM MODIFICA11ON5(REV 40.00)) indicated in the Contract Doxta wnas or 4.3.3.4, is of an unusual nature; and differs materially from conditions ordinarily encountered and generally recognized as inherent in wak of the character provided for in the Contract Doeumersts. then CONrrRAC nR shall, promptly imynediptely after becomin; aware thereof and before further Aturbang conditions affected Ihmrby a performing any Work in caoeaion therewith (except in an cmergcny as pcmtitted by paragraph&13), notify OWNER and ENGINEER a writing about such condition CONTILACTOR shall one further disturb such conditions or perform any Work m connection thaevvith (e0.`pl as afiresaid) until receipt of written order to do w, 42.4. ENGLIBLR'v Rewea: R4GLNEER will promptly review the pertinent conditions, determine the necessity of MINER's obtairting additioral exploration a was with respect thereto and advise OWNER in wntmg with a oxrpy W CONTRACTOR) of t]v GINEER's hrrlings and conclusions. a 25. Possible Contract lNxumenry Change: If ENGINEER concludes that a chance in the Contract Documents is required as a result cf a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change D'ucotive, or a Change Order will he issued as provided in article In to reflect and doaament the consecptcrices of such change 4,2.6. Possible Price and Times :htjtarnvnls: An equiutblc adjustment in the Contract Price or in the Contract Times, or bothwill be allowed to the extent that the ,aswme of such uncovered or revealed condition causes an increase a decrease in CONTRA(TOR3 cam of, or time required for performance of: the Work, subject, however. to the following: 4.'_ 6.1. such conlitiun muss meet anv the or more of the categories described in tnragraphs 4,23 1 through 4.2,3.4, mclusive, 4.2.62, a change in the Contraci Documents pursuant to paragraph 4.21 will not be an automatic authorization of nr a condition precedent to entitlement m any such adjustment, 4.2.6.1 with respect W Work that is paid for on a Clnit price 13asis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; anv! 4 2.6 0. CONTRACTOR shall not he entitled W any adjustment in the Contract A we a Tired if. 4.'_.ti.4.1. CONTRACTOR knew of the rnawn. of such conditions at the time CONTRACTOR made a firal commitment to OWNER in respect of Contract Price and Contract Times by the O What is the interior lining, cements A Specification Section 02615 Part C shall include the following 8 The interior pipe coating (lining) shall be cement mortar per AWWA C205 Interior pipe joints shall not have mortar lining unless excessively damaged during installation and welding as determined by the Engineer O Is there a detail for the concrete encasement of the pipes through the dam breach') Rebar9 Size and shape of encasement) Will a concrete protective layer or mud mat be required on top of the excavated subgrade through the dam breach to protect the subgrade during pipe installation and concrete encasement9 A The concrete encasement detail is outlined on sheets C9 C10 and C12 of the plans The Contractor is to encase each pipe (principal outlet and irrigation line) in unreinforced concrete 1 foot minimum all sides The Contractor shall take measures he/she deems necessary to protect the subgrade during pipe installation The plans do not call for any subgrade protection O How will we determine whether we are excavating muck or not Since the muck excavation does not include under structures will muck excavation require replacement of the excavated material9 Who is going to quantify where the muck starts and excavation stops) A This question is largely addressed in Addendum No 1 Muck excavation will only be paid to the Imes and grades shown on the drawing This amount is estimated to be the area upstream of the outlet works Further muck excavation to install various project components (e g pipe outlet structure etc ) will not be measured and paid for separately It is the Contractors responsibility to estimate these quantities and include them in the various work items Muck excavation that is paid for as part of Item 12 will be measured in the field by the Resident Engineer and agreed to with the Contractor O On the embankment specifications requirements on moisture and density I do not see a performance spec, is this correct or are you going to specify the exact pieces of equipment we are to use to perform the embankments) A The specifications do not dictate Contractor means and methods The Contractor shall use the appropriate equipment to meet the embankment specification as written O In regards the tills on the front and back of the dam, will this require benching to achieve a minimum of 8 ft wide work area per the specs) If so will we be allowed to bench into the existing dam or will we have to overfill the face and then trim out the excess materials A This question was addressed in Addendum No 1 The Contractor will be able to bench the fills into the existing dam O If Muck excavation is required for the dam breach I assume that the spec for 1 1/2 stabilization rock is not correct and we are to use previously excavated material to replace the muck, is that correct? A Yes The stabilization of the pipe trench will need to occur with previously excavated material The Contractor will not be paid for Muck Excavation as part of this work but should include this cost in Item No 18 Principal Outlet —24 inch Steel Pipe or Item No 26 Irrigation — 10 inch C900 PVC Irrigation Pipe submission of a bid a becoming bounl under a negotiated contract. Or 4.2.6.4.2. the cwstence ot" such condition could reascnabh have been discovered or revealed as a result of any mminaticm• investigator exploration. lest or study of the sit, and contiguous areas required 1))• the Bidder; Requirements or Contract Documents to be conducted by Or for CONTRACTOR prior to CONTRACTOR's malting such final commitment: or 42.44.3. CONTRACTOR failed to give the wnnen notice within the tune and as required by Paragraph 4,2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as Io the amount or length of any such equitable adjustment in the Contract Price or Comram Times, a claim may be made therefor as provided in Articles 1 I and 12, However, OWNER ENGINEER and LTNGNL'ER's Consultants shall nit be liable to CONIRACTOR fix any ckrims coats, losses or damages sustained by CON I"RACI'OR on or in comsetion with anv other pro)ea or anticipated project 4.3. P44001f Condifiams—Underground Facflilies: 4.3.1 Sioau or Inrbcated: "rhe information and data shown cr indicated in the Contract Documents with respect to existing Underground Facilities at or - contiguous to the site is based or, innfommtion and data furnished to OWNER or ENGINEER by the owners of such t.!nderground yaciluies or b)' others. Unless n is Otherwise expressly provided in the Supplcmentary C.mditioac 4.3.1.1 OWNER and ENGINEER shall not he responsible for the accuracy or completeness orally such informationcr data. and 43.1.2, The cost of all of the, following will be included in the Contract Pau anal CONTRACTOR shall have full responsibility fa: (i) reviewing and checking all such information and data, (a) locating all Linrdergrourld Facilities shown a indicated in the Contract Documents,(m) coordination of the Work with the owners of such Underground Facilities during cohstruetiah, and (iv) the safety mid protection of all such Lhiderground Facilities as Provided in paragraph 6ltJ and repairing any damage thereto resulting from the Wok. 4 3.2 Not SAown or Inbcaled- If an Underground Facility is uncovered or revealed at or cord Vious to the site which was not shown or indicated in the Contract fkcumenL<, (',ONTRAC'I CiR shall promppttly immediately after Meaning aware thereof and before further disturbing conditions affected thereby or Performing any Work in connection therewith (except in an emergency as required by paranmph 6a3), identify the Owner of such Underground Facility and FJCDCOFNFRAr. (GN(NTIOhS 191" 0 M F.31im1 tar CITY OF FORT COI43N5 MCOMCAMONa 1REV 42a7) give written notice to that owner and to OWNER and ENGINEER- ENGINEER will promptly review the Underground Facility and determine, the men, it any, to which a change is required inthe (`ontrnct Documents to reflect and document the consequences of the existence of the LJnlerlaounl Facility If GNGNEE•R concludes that a change in the Coraract Ikx miens is required a Work Change 4irceiive or a CharhCe Order will Ile issued as provided al.Hide 1 Ct W rcllilect and document such consequences. During such time, CONTRACTOR shall be respeneable far the safety and pmuteoton of such Underground Facility as provided in paragraph 620 C'ONI"RAC'I OR shellmaybe allowed an uu;reese m the Contract Price or an ectermum of the Contract Times a both to the extent that they are attributable Do the exisumce of any Underground Facilitv that was not shown or indicated at the Contract Documents and that CONTRACTOR did net brow of and could not reasonably have been expeaed to be aware of or to lave anticipated. If OAV^TER and CONTRACTOR are unable to agree on entitlement to a the amount 0, length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in .Articles 1 I and 11_. Hmececr. OLVNHR, HNGINFFR and ENGINEEK's Consultants shall not he liable to CONI RACTOR for any claims, cans, losses or damages imuffed u, sustained by CONTRACTOR on or in connection with any other projea or anticipated project. Reference Points 44 OWNER shall provide argmecring surreys to establish reference points for construction which in ENGINEER's judgment are necessary to emblc CONTRACTOR to proceed with the Work. CONTRACTOR shall he responsible fir Is)* out the Work, shall protect and preserve the established reference Prins and shall make no changes a relocations without the pnor written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference poml is last or destroyed Or requires relocation Mcmru of ri e5am) changes in grades m locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbevros, P(]is, Peihmleum, HayMus Wcve or Radiooame Males!- 451, OWNER shall be responsible for any Ashcstm PCRs, Parolcum, Hanrdous Waxrc ox Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawirgs or Specifications a identified in the Contract Documents to be within the scope Of the N'ork and which may present a substantial danger to persons or pr,r,,y exposed thereto inworiccuon with the Work at the site. OWNER shall not be responsible for am such mammals brought to the site by CONTRACTOR, Subcontractors Suppliers or anvcmc else for whom CONTRACTOR is responsible hamrdet s-oo diriat-or-w&- corremiva action, if am GONTRACTORshell not berequiredtoresnm< Work m�aru)sclien wit}+such-hs'mrdous cerulitioR-Or in any it 3 SpeDifyiFill as .-ndeFv.h .1161 ah Work--mW be -rearmed- safely- If —OWNER -and CONTRACTOR cornet-agrtw as to oritlemem o a _a __ _�._.__It of - (_',wSm Price or Contract Times as a-rIsult of sash Work- ' dilieRs-mdzr-which Work is agreed -OR to be resumed.. diihm R I I and In CONTRA('1'ORdnas not agree toesume-:udm work" Wee to -rename Such- Work -under- -. h Special auxtitain theMOWNER may'order- r'InRorret the Work tint is in emurem n with Such hazardous condition or in such affected area to be Jeldmi from the Wad: --If OWW R and C"N'TRACTOR-csnnd adjustment. if any; in<ahaect prioaorCmtraat T'ima farces or others intre.;ordartce-whhArticle 7 ReguRtons, OINWER shell indemnify, and hold harinkes CONTR 1WT sR:. Sulwortram rus_ FNGLNRER- ENCINEER's-and the than the Want Itself). fromand Own neghgmue. paloteam, or revealed at the site-. ,XDC OF X.V. CONTNTIOAL419104 uW0 FAW$) ,v) OTY OF FORT COLLINS MODIMCAnONS (REV 4C0001 ARTICLE 5—BONDS AND INSURANCE Perfarmance. Payment and Other Bandy: 5.1. CONTRACTOR .shall famish Peiom)ance and Payment Bads, each in an amount at Imut equal to the Contract price as security for the faithful performance and payment of all CONfIZACTORs obligations arakr the Ccamam Documents. These Bong sludl remain in ellecl at least until one year after the date when final payment becomes due, except as provided Otherwise by Laws or Regulations Or by the Contract Documents. CONTRACTOR shall also furnish such Other Bends as am required by the Supplomentary Conditions All &rids shall he in the form prescribed by the Contract Ihx:uments c:xcept as provided otherwise by Laws Or Regulations and shall be executed by such sureties as are named in the current list of "Companies IIoldi Cartificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reautirm; Companies" as publishul in Circular 570 (amatdedl by the Audit Stall Burcau of Government Cirmmxial Operaticros. U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified ropy of such agent's authority to am If the Surety on any Bond furnished by CONTRACTOR is declined a bankrupt a hermits insolvent a its right to do Wsrnctis is terminated in any state where any part of the Project is located or it ceases in meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Brand and surety. both of which must be acceptable to Ott'N -k 5.3. Licensed Sarrdes and Inairersr. Cerrijcures of Insurance: i.3.i. ,All Bonds and insurance required by the Commm Documents to be purchased anti mainlsmed by OWNER a CONTRACTOR shall be obtained from surety Or iruuance companies that are duh licensed Or aulhorimd in thejurisdiction in which the Project is located to issue Bonds Or insurance policies fa the limits and cuveresaes so required Such surety and insurance companies shall also meet such a"tionat requirements and qualifications as mev be provided in the Supplementary Conditions 53.2 CONTRACTOR shall deliver to ONNf--R with copies to each additional hewed identified in the Supplementary Camdiriens, certificates of insurance (and other evidence of insumnrz requested by O\VNER Or any other additional insured) which CONTRACTOR is requital to purchase and mutation in accordance with paragraph 5.4. (AYNER dell nddihioael iehvied-xientifud_in. the-Supplwnewwy mermee-reel'1�by ('0 ..0 s..T,�--..rnu nr-en�inwne9} paragraphs Safi and S 7 hereef ('0iATR4 CTOR's LiabiGtr In.wrourm 5 a CON'FRX-l'OR shall purchase and maintain such liability and other insurance as is appropriate for the Wed heing performed and furnished and as will provide Protection limn claims set forth below which may arise out Of nr result from C)NTRAM OR:s performance aril furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or fi rrushecl by CONTRACTOR any Subcontractor or Supplier, or by anyone directly cr indirectly employed by anv of them To perform or fumish an% of the Work, w by anyone for whew acts any of them may he liable: 5.4.1. claims under workers ommpensetion, disathibly benefits and Weer similar employee benefit acts. 5.42. claims for damages because at bodily mjary, axvf'rtiatal sid:nss or disease, or death of CONTRACTOR'S employees. 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONERAC TOR's emplayccs, 54.4 -claims For-dRmages- insured by customary }'ersanal"u+jary. I abilit (n) by env -Person as a result-ef art offense dvediv o COVTR,ACTOR c's (it) by any A-gwF person for any otherteamn- 5.45. dawns for damages other than to the Work itself, because of inury to or destruction of tangible property wherever located including loss of use resulting thcrefrom; and S4 6 claims for damages becrose of bodily injury or death of arty person or property damage arising out of the owneraup, matnlCamcc Or use of any motor vehicle The polices of insurance sot required by this paragraph 5.4 to be purchased and mainwained shall. 5.4.7with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5_Q.9, include as additional insureds (sublett to any customary exTlusion in respect of professional liabdlry). OWNER ENGWEIM, ENG4NEE'Rk Consultants and am other persons or entities demilied in the Supplementary Conditions all of whom shall he listed as additional insureds, and include coverage for the respective of eers and employees of all such additional insureds, 5.4g. include the s�fur coverages anti be written for not less than the limits of liability provided in the Supplcmemar}' Conditions or required Fry• Laws or Retvkttioms whichevtt et graer, 54.9includecompletedopentions imunance; FJCpt GFNF] Al, ro^If Motet 191 OA II9➢0 RJdm� -'CM OF FORT COW NS MOIDIFTCATION51REV 4p0ni1 5.4.10. include coneraetual liability insurance covering C2Nf RACMR's indemnity obligatitms under paragraphs 6. 11, 6.16 and 6.31 through 633; i.4.11 contain a frmision Or endor.Y em that the awerage afforded will net be emcelled. materially changed or rennval refused until at least thirn days Prior written notice has been given TO OWNER and CONTRACTOR and to each other additional insured idcmifwd in the Supplemenary Conditions to whom a certificate of imunmec has been ia'sued (aril the certificates of insuraro:e furnished by the CONTRACTOR pursuant to paragraph 5.3.2'will so prmidc): 54.1:. remain in effect at least until fowl payment anti at all times thereafter when CONTRACTOR may be correcting, removing Or replacing eierective Wok in accordance with puragrapin 13 12, and 5.4.13. with respect in completed operations msumnce, and aminsurance coveuge written on a claims made base, remain in effect to, at least two years after final paymem (end CONTRACTOR shall furnish OWNER and each other additional insured demified in the SuPPlememary Conditions to whom a ON11ificate of inswancc has hen issued evidence Sahstaclory io OWNER and any such additional insured o? continuation of such insurance at final payment and one year thereafter), 0If1E'R's LiabiGg• Irtsrrrnncr: 5"5. In addition to insurance reyuved to be provided by CONTRACTOR under pamgmph5A. OWNER, at OWNER's option may pantaee and manna, at OWNRR's expense, OWNERS m%M liability insurance as will Proftt't OWNER against claims w•h kh may aria from operations under the Conrran Documents Proper!}• Insarnrnee. 5 r.- Hnlass otherwise provided in tiro Sapplemenurry Conditions;-.. QTkNTTiR-_3mll--purchase -arch mammon Propentyirsmaneeupon date Work atthc-�ite in the amount " r e' repEIVelmOrd " sk_lhereuf isybjoet-_te-saeh dedae .may bee u._ stina 5 6 1. "Ielud CONTRACTOR - Subeoaraotirs ,Psi Ctf;`IF.FR: GNGINTCi ,R's Consultants,aad -any ether-percore OF entities identified intheSupplementary popditiom. and shall be ]rated aseninsured, or additional insured: `••a?. he written -On a Amlddv Risk "all reJe"-ar the following ...perils.-firr,-. lightiw-evteadod earthquake, _WUg monad-hymt -haw�s argl nn MayArtn e rL... " geerfa ally reyuirad by -the Suppkmemary C'amhbons, replsevrmnl ofuny vrsuredfrroperty (including but not itmaed-to fear- cad--dwrgeo of-erV+ineers--teed srchitecie); far have 5,4&.5 be-maimaaerd-in etl'ee( -until final payment n OWNER --CONTRACTOR -ard- ENGINEER -WA additional instuod to-w} e-uertil'ioale ofinwranee has been is1 ed )WNtiR-steal as -may -ha C-0requ4 by the Supplementary Cmditmns rs t7NEIL--NTRM'T'OR; Subatruraetera; ENGINEER deraified in Ore Supplemeraary Conditions. each of whosrt ei deemed to lowean imiable-itaerestandshall be listed as an irwured or-naNiticvnl-i red. 5. g. :4{I the polices afinwrertee {and tiv mnifreates <x changed or renewal refused -uruil-at least [Fatty, days' prior written notice has--beco givers... to ...OWNER--m l wham) a vertificate of irrairance has been issued and will Omani- waiver preva; r.- in -aueordonct with paragraph'5.11: 5 �). OWNER shall not be respwrsibh: fcr purclwsing and maintaining any pmlxrry numanee to protect the intert%Ls of CONTRAC'I'C7R.. Subwntmctors or others in Ea:d.,e1vis—The rW Ices wal insueh idemifceddaduetibam leount, wdlhe home by CONTRACTOR,-Subomaador ff others wflarinl; Any such -loss -and ef-eny-of them -wishes-propedy iawrmwe purdiaseend maimoin itatthe purclncer'a•own expert: S.lrl_ I 4:.ONTR'W-7=0R nqueste-in-wnting Abet other Bad the one I rInclude . Tu .e-rnti Orange -Order a -Written -Amendment..... _Pnur to WDCOM.—RN.coNu, o0 19104ovio Etwoo 10 we CITY OF FORT C0LLIN5 mccmC nc)Ns(REV dnaa)( WflNA$-ad11:lFC�AI`I'U A. rc-rvv./1 �L'w'_rfn-nPI-SUrh other ireurema has been pnteuredlay OWrNh,R. NL Ruirerefmghrg- policies purobesad in eeaxdanee-with pattrgrephs 5:ti and -5:7-wig protoot-OWNER-COATRAGTM Subcontnctom ENGINEER - ENGINEER's t-�„�...x__.., crag ellether oarsoreca-anli[ies idantrficd inwrers will have rurights ofrearnery agairtsrany of the--uvwreds- or additional- msuredo-dwre ndet , aeoaut esch�othff and tleirnrespective officers. or c'<rmuitants erd rill other perwvtsrx amities identified to be liqlail a ue,ds� utcuredsurderweh poltows for waivers shall extend tothenghw that any' pain. rnakmg wteh waiver, may have to the proceeds 4 ineurance teed by -OWNER -as vasree-or otitentase agarAt aaheawsestarn, eerie-4--reed--d e them:Tcx= _ ivv, of use or -other censeo)uemiel Ice& ;teraling beyand. directphysical hots- or, damage to OWNER's property or the Work - vintoo l by, whether of net ans, Ired by GAVNER�andl -insurance--maintained on the t " part-dooeo€,by OWNER --uldiaation- --Pursuant --to or ONE Final payment rNER M. eery-lers-0ameBe-er eettsegonMarLlese-re(nted3eirsthr t coteequelaial-lore the -insurers will have no rights of of GQNTRAC40R� # '6'fNii4:R—Fit at*. daecnona, employees and agentrof any of them. Receipt andApplimaim of Insurance p ro reds 5. 1:. Any wired 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, es thew interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.13. OWNER shall deposit in a separate account am money ao received and shall distribute it in accudame with such agreement as the parties m interest may reach. If no other special agreement is reached the damaged Work slmll the repxaired Or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. i.13. OWNER as fiduciary "I) have power to adjust and settle any loss with the insurers unless me of the parties in interest shall object in lint mvngg within fifteen days after the occurr ence of loss to owN&I's c vrcise of Ilia power If such objection he made OIvNER m fiduciary shall make settlement with the insurers in accordance with such agrecmem as the parties in i,term may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers an, 117-nuived_in writing by any party in Pe pnMYr performanc raucr duties. lecepmnce of Bands and Insurance: Option to Replace i.14 If either poly'- (()WNER-oar (.X)NTRAC�fOR) OWNER has any objection to the coverage alTorded by or other provisions of the Handcar insurance requireA W h, Purchased and maintained by the eiher--pant CONTRACTOR in acmrdim c with Article .5 m the hnsis of nam.eonfi»mame with the Contract Documents, the objectmgparly shall ssnoltfy the Other party Cl]n4 NER win lxwfy LONTRACTOR in writing within ten f't(ieep Jays attar reaaipt deln-cry of the certificates Cor other et•dex rerplestadj to OW':NER as reywrcd by paraaph 2.7 OWNER: suet 6©iYfR4l'Tt3R-slwll- each provide, tithe to Partial Ud66xdon-Praaperryy Insurance: i 15- If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial FJCW[iF Al. COHIJITIONN 1910411990 FAliml w CITY OF FORT COLLIES MC01171CATION.S 'REV 470001 Completion of all the Work, such use or occupancy may he accomplished in accordance with pwragmphl4.11); provided that no such use or occupancy shill commence before the iruurcrs providing the property insurance have acknowledged notice thereof and in writing effected any changes in owerage necm%imled thereby The insurers Providing the property uatvunce $Full consent Iry endorsement on the Who, or policies, but the, property insurance shall not be cancelled or permitted to lopsse. on aecconl of anv such partial use or occupuray. ARTICLE 6-CONTRACUOR•S RFSPONbiaLinEs Supendsinn and Superintrnde ace. 6.1 CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devraing .such aLLentim IhereW and applying such skills and expertise us may be necessary to perform the Work in accordance with the Contract Doeanems. CONTRACTOR shall be solely tesponsible for the means, methods. techniques, sequences and procedures Lit mmtnotion, but CONTRACIOR shall not x responsible for the negligence of others in the design or specification of a specific means method, technique, sequence Or procedure of construction which is shown or indicated in and expo-essly required by the Contract l7«wnents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Ctmtmci Documents. 62. CONTRACTOR shall keep on the Work at all tunes during As progress a competent resident superintendent, who shall non he replaced without written notice to OWNER aml ENOINEER u¢cept under extraordinary nrcumstances The superintendent will be CONTR•1CTOR's representative at the site and shall have authority W act sun behalf of CONTRACTOR ,all mmmuni itians W the superintendent shall be as hurling as ifgiven to C-)NTPACf OR Labor, 31aterfal, andCquipment. 6.3. CON'1"RACIOR shall provide competent. suitably qualified perssxund W survey, lay out and mnstnuct the Work ns required by the Contract Documents- CONTRACTOR shall at all times maintain good discipline and order m the site. Except as otherwise required for ill- safety or protection of persons or the Wei: or property at the site or adjacent thereto- and cecelx as otherwim indicated in the Contract Documents. all Nark inn the site Owl] be perlmfted during regular working hours and CONTRACTOR will not permit overtime work or the perlbra xe of Work m Saturday, Surxlay or any legal holiday without OWNhRwa written consent given after prior written notice to ENGINEER. CON_i'RACI'OR shag submit requests to the E•JNC;IN -ER ern Ic �t tan 4S tiro ra in advarlc nC anv Work [ p?erfplmed pgSaturdaJ % Sumdaa; Holldayfs or outride Nc Rcg�lar W—a }? 6.3. Unless otherwise specified in the General Raquire scrim CONTRACTOR shall furnish and assume full responsibility for all mncrinla equipment labor transportation, corvruetion equipment and machinery. tools, appliance-, fuel, power, light, heat, telephone, water, simitaryfwililiei hempor'ary fiu:ilkies and all other factLnes and incidentals necessan' for the fumishing, perftmnarec, testing sbrrt- p and mntpleti rn of the Wort:. 6.4.1_ _ Purchasing. _ Rcai itgip i. - _ (_=ONTRACTOR must comply with the Catv's ptrchasul¢, restnctions. A c�yv of theresolutions table -for ecru Ih offices of the Hmchasina and Rislr Maraaemmt Division or the City Clerk's office r.a.^.__ Omenk Asuriajofts_ City or For! Collitls Resolution 91_121 mogtves.ihat supplicfs atdTrroduu'rs oLcemelyi a_ppiyhtet5 wptening.cgmcru.to cemfy Qnt the matt as tut mode m c of kilns that bum hazardous wgste as a fuel. 6 S, All materials and equipment shall be of good rqI'ay and new, caoept as otherwise provided in the Contruet Documents. All warranties and guarantees specifically called for by the Specifications shall espressly run to the benefit of OWNER. If required by h2VGINERR. CONTRACTOR shall furnish satisfactory evidence (including reports of required basis) as a) the kind and quality of materials and equipment All materials and equipment shall be applied, uistalloL connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplies. ¢seep as otherwise provided in the Contract Documents ProgressSchedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below 6.6 1 WNTRACTOR shall submit to ENGINEER fur acceptance (to the c dem indicated in paragraph 29) proposed adjustments in the progress schedule that will not change the Contend Tunes (or Nilenones). Such adjtstrnems will conform generally to the progress schedule then in etfmi and additionally will comply with any provisions of the General Requirements applicable thereto. 6 6.a. Proposer) adjumnmts in the progress schedule that will change the Contract Times (or Milesmncs) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjuabnents may only he made by a Change Order or Written Amendment in accordance with Article 12 6.7. Sabarrtires and"Or-Egaal' franc 6 7,1. Whenever an item .(Material err equipment is specified or described in the Contract Docmnents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Linless the specification or description E1Cpt1Gh'.dER.11. CGMRTIOMS IYIaR (19Y0 F.,itionn 12 /CITY OF FORT Cv)LLISS MODIFIICAMM(REV 41000) contains or is followed by wonk reading that no like. equivalent nr "or -equal" Item or no substitution is permitted, other items of material or equipment or material a equipment of other Suppliers may he accepted by ENGINEER under the following, crinumSmnCeal 6.7.1.1. 'Ur -Equal" If in liNGINhER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that rctmed and sufficiently simtar m that no change in related Work will be required, it may he considered by FN''GINERR as an "or -equal" item. at which case review and approval of the propsed item may, in ENGINEER's sole discretmri be accomplished without compliance with some a all of the requirernents to acceptance of proposed substitute items 6.TI2. Substlnre (lams: if in ENGINEER's stile discretion an item of material or equippment proposed by CONTRACTOR does not qualrb' as an "on -equal" item under subparagraph 6.7 1, 1. it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information is provided below in allow hNCiIN FAR to determine that the item of material or equipment proposed is essentially equivalent to that name[ and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented at the General Requiremeras and as ENGINEER may decide is appmpiate udder the evcums[attces. Requests for review of proposed suhsimle items of material or equipment will nil he accepted b<' ENGWEER- from anyone other than CONTRAC"I'OR. If C'ONfRACTOR wisfnes to furnish or use a substitute item of material cot equipment, ('ONI'RACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perfanin adequately the functions and achieve the results called for by the general desgn, be swifter in substance to that specified and be tuned to the same use as that specified The application will state the c<tmt if airy•, to which the evaluation and ac«prance 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 (s in the provision of any other direct contract with OWNER for work on the Prmoct) to adapt the design to the proposed substitute and whether or tat incorporation or use of the subsume in connection with the Work is subject to payment of any license tee err royalty. All variations of the pruposed substitute from that specified will be ideninnCc in the application and available maintenance, repair and replacement service will be indicated The application will also contain in actimmd estimate of all casts or credits that will result directly or inlireedy from acceptance of such substitute, including costs of redesign and claims of other rommctors affected by the resulting charge, all of which will be CONTRACTOR shall perfaran not less than 't) considered by ENGINEER in evaluating the percent of the Work with its own forces (that -s prOPOSed substitute. ENGINEER m% require CON'TRA("TOR to famish data wthout submntmctine) Th 'rite artreuuir ment additional about shall be undcrstocd to net to the Wpr{; the value of c the proposed substitute. which tool not less th n �(i perc•m of �1 rantm ot 6.7.1.3 COAMICTOR's L•xpenue: All data to be Price. provided by CONTRACTOR in support or any 692. if --the Suppltmwnary Conditions Bidding proposed "or<qual" or substtute item will be at Documents requvt the idmtiN of certainCONTRACTOR's exprnse. Subcontractors, Suppliers or other persons or 6.7.2. Substinrte Conti riaron IIvfho& or crInizations (including those who am to furnish the principal items of materials or equipment) to be Procedures: If a specific means, method technique, submitted to OWNER tr ie peaihed sequence or procedure of contraction is shown or dab prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER, and-rf Documents. CONTRACTOR mev furnish or utilize a CONTo kOTOR has +or a m 4h sulxzlilute means, method technique, acquence or ffeeef _..a aearxdanee--with tL—�,,--mac procedure of construction acceptable to V\GINEER. OWNER's or EIGENTM''s acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection du rcto allow ENGfNMR, in LNGINE-Ms sole discretion to by the date indicated for acceptance or objection in lotermute that the sulstitute proposed is equimicar to the bidding dawnen sorthe Contact Documents) of that expressly "lied for be the Contract Documents. any-suuq.Suhau m The procedure for vicm� by ENGINEER will be ergsnimtim so id may be d- ntthe similar to (hut provided in subparagraph 6.7.1.2. Ile 0 6 7.3, Engineer's Eiuluavai: ENOINFER will he c_ seeelrmble- suhama _ _ ,.__ atrnved a reasonable time within which to evaluate ndjusead-by-t✓ere-d ameo-in-tAt.eas[-eseasl M. d its each proposal or submittal made pursuant 43 such wrfsslitwion end an appropriate Chnrrge Order paragrrpies 6.7. 12 and 6.7.2. ENGINEER will be the �.or-� cv� stile Judge of Mceptabi16 No "art"qual" or sulstitue will be rxdered installed coretitme a condition of fftc Cmvra requiting. the or utilized without use of th namedvuhmrrtractors, supp fors or other ENG videnc EGR's prior written acceptance which will be rvidenad by either a Change Order or an approved person or orgagtyaion yn the Warr unless preen wrivyn_ aplattral. is yMatnui. Gam_ OWRvTR_ oral Shop Dtmving. OWNER may require CONTRACTOR to furnish at CONT`RACTOR's EICLNELR. No acccceptance by OWNER or MGLNE•E•R of am such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surely with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to mic t f:'NGINER will record time required by 'kteeilve Work ENGINEER and ENTTGINEER's Consultants in evaluating xubctianes proptred or submitted by 69. CONTRACTOR to paragraphs 6.7.1 ;nd a pursuant 6 7-2 and in making charges in the Contract Documents (a in the provisions of any other direst 69 I. CONTRACTOR shall be fully responsible to OWNER and FNGINL•ER for all aces and missions cataract with OWNER for wort ori7 the project) of the Snbcomraciors. Suppliers and other persons occasioned dweby Whether or not ENGINEER and orgammuons perform Ng or furnishing any of the accepts a substitute ilea so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reintbursr CONTRACTOR just as CONTRACTOR is OWNS( for the: charges of ENGINEER and responsible for CONTRACfOWs own acts and ENGINEER's Consultants for evaluating each such emissions. Nothing in the Contract Daeumrnls shall proposed subei item- create for the benefit of amv such Subcontractor. 6.8. Concerning Subcantractors, Suppliers and Supplier or other person or organization any contractual relationship between OWNER cur nthar: FNGTNF.F.R and any such Subcontractor, Supplier or 6.8.1, CONTRACTOR shall not emp4w any other person or organization net shall it create any obligation on the part of 0AWER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due env (including thou acceptable to OWNER and such Subcontractor, Supplier or either person cr FNGINL•ER as indicated in paragraph 6-8.2). whether organuabon except as may otherwise be required by initially or as a sub3 Lute, against whom OWNER or I.aws and Regoletiom 0%-NER or ENGINEER may ENGINEER may have reasonable objection furnish to any subconuadur sunoher other Wilson CONTRACTOR shall not be required to employ any or rneanvaitcn envtderee of amounts paid to Sutx;arractor, Supplier or other person or urganizatrott lam]( VI'HA<`fOH in accordance rice tviin cr to furnish or penorm any of the Work agama whom CONfRACTUR'S "AGplicationa danc ent" -- CONTRACTOR has reasonable objecim _ .___ _ _. FJCCx: CFT7 kA1. ('ONf)ITIOhS 191041 J9 )FJtim1 w1 CITY OF FORT COLLINS MCOMCATIONS 1RS1' a'SUYn 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organisations performing or fianidtins any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subeommctort Suppliers and such other persons and organ MUM performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6,10. The divisions and sechuns of the Specifications and the identifications of my Drawings stall not control CONTRACTOR in rlividig the Work anions Subcontractors a Suppliers or delineating the Work to Ix performed by any Vmfic imdc. till .All Work performed for CONTRACTOR by a Subcontractor of Supplier will be pursuant to an app Irate agreement between CONTRACTOR and the Subcontractor a Supplier which specifically binds the Subcontractor or Supplier to the applicable Ierms and conditions of the Contract Documents for the benefit of I and it- Sub"imour n Supplier -will additional t sureds fur all -losses m mining not of or resulting from any � such polwaisarid any other property Palmr Fees and Ro tildes. 4.12. CONTRACTOR shall pay all license fees and royalties and assume all crsas incident to the use in the performance of the Work or the inwrpomtion in the Work of my invention design process, product or device which s the subject or patent rights or copyrights held M' others. If a particular invention design. process, product or device is specified in the Contract Documents for use in the paformancc of the Work and if to the actual laa wledee of OWNER or 6NGFKHF.R its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the csistun of such rights shall be disclosed by OWNER at the Contract Documents. To the fullest, extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER. ENrGI'EER ENGINEER's Consultants mid the officers, directors, employees, agents and other consultants of each aid any of them from and against an claims, Cosa, losses and damages arising out of or resulting Goat any mlimSemcnt 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 inventipn design.. txocess, product or dewice, not specified in the Contact 1:)"cumento Fspc: ❑FWFR.U, coi im nOAR. 19104 (1990 F6tia) 14 av C1NGFFCIRTCOLLINSMMIMC nC,, t( 4POW1 Pcmirs.• 613 Unless otherwise provided in the Su lomentary Conditions, CONTRACTOR shall chain and fey 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 I'= nccssary Coy the prosecution of the Work, which me applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all dargrs of utility owners for connections to the Work, and OWNER shall pay all charge, of such utility owners for capital costs related thereto such as plant investment fees 6�4. Laa'sandRegutaSom: 6,14.1. CONTRACTOR shall give all mticas and comply with all Laws and Regulations applicable to formslung and performance of the Work. Except where otherwise expressly required by applcablc Laws and Regulations, neither OWNER nor ENGINEER shall be responsible feu monitoring CONTRA(TOR's compliance with any Laws or Regulations. 6.14,2 If CON"TRACTOR pertbnms any iV(xk knowing or having reason to know that it is contrary to Laws it Regulations, CONTRACTOR shall hear all claims, costs, losses and damages caused h). arising out of or resulting therefrom, however, it shall not be CONTRACTOR's Primary responsibility to make certain that the Specifications and Dmwitgs are in accu dance with Laws and Regulations, but this shall net relieve CONTRACT OR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar axes required to h paid by CONTRACTOR in accordance with the Laws and Regulanms of the place of the Project which me applicable during the performance of the Work. ti 15 I OlVNER is cxemnt Gcxn Colaaeb Stale anal local sides and use taxes on matatals to be perm intently inow ted into it, protect Saul taxes shall not he included in the ('Drumm Price. CON"FRACTOR_must. apply tor, and receive.a Certificate of _Exemption from the Colorado _ Depnrbnent of Revenue fa conarocion materials u? be pilysically irycgfpgmtcd. Ntz the. project.. This CeniLptton-_of Exemption —provides that. the CONTRACTOR shall neither pay nor include in lug Bid�_Sales and Use. Taxes_tm_thcise, buulkingand comoocaon matenahe dwsieatly incuraoratad into the oroied. Address Colorado Depamnent of Revenue State Capital AW, 1 37s Sherman Sheet Denver. Colorado 80a61 Sales and UrsacFta_ TaCcs for the State_ of Colomd`, ___. _ _ _ Reeioral Trartati n Dislrid rRTPI and cola COlfeaUO counties we collected by the Suite_ of Col'pJado and_are ucipytesi CgrtifFca 3n the ton_iof Exam n)_tion. All add_ pdpp, nd alla[miszTees [ncludg Stae berif , than construction n L la,PhvycAdK mwrpo Ld �t th cvoied arc to he Fend by (A N I RACTOR and e to be mclMid eoaoaale bid hems Use of Premises: 6,16 CONTRACTOR shall confine construction equipment• the storage of materials and equipment and tic operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other hand and areas permitted by Laws and Regullations, rights -of -sway permits arc) easements. and shall not onably unreasencumber the premises with construction equipment or other materials or equipment CONTRAM OR :}all aasmile full responsibility for am damage to any such land or arcs or to the otter a occupant thereof or of any adiaucia land or arms. resulting from the performance of the Work. Should any clan be made by am, such owner or occupant because of the performance of the Wok, CONTRACTOR shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution pra:ezding a at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations indemnify and hold hamaless OWNER. L'NGINF,'ER fNGINtl:XR Consultant and anyone directly or indirectly employed by any of them from and against all claims costs, losses and damages arising not of or resulting front Any, claim or action legal or equilatle• brought by Any smeh owner or Occupant against OWNER ENGINEER or any other party, intkrmilied hereunder to the extent mused by or based upon CONTRAC•TOR's performance of the Work- 6 17. During the progress of the Work, CONTRACTOR shall keep the treatises free from acctunulatio s of waste materials, rubbish and other debris resulting from the Work. At the completion of the Wurk CONTRACTOR shall remove all waste matenals rubbish and debris treat and about the premises as well AS All tools. Appliances, constriction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy tty OWNF,R at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all prolsaw not designated Cur alteration by the Conrad Document. 0A 8. CONTRACTOR shall nut load nor permit any fart of Any structure to he loaded in any maser that will endanger the structure. nor shall CONTRACTOR subject Any pan of the Work or adjacent property to s rccses a pressures that will endanger it RecordDecummrs: FJC•f%' CFM:RAI. tl�NniT10\9 19 n) F 1199a FJi[Imi a: QTY OF FORT GOWNS MOp6TCATlOt:s rREl' � lakn 6.19. CONTRACTOR shall maintain in a sale place at the site ore record copy of all Drawn mi Specifimnms Addenda• Written Amendments, Change Ordrs• Work Change Directives Field Orders and written mmrpretatiorts and clarifications (issued pursuant to pumgraph 94) in ,good order and Annotated to show all changes made during construction. Tliese record documents together with all approved Samples and a 001miTart of all approved Shop Drnwingc will be available to LNGENMR for refcence. Upon completion of the Work. and prior to release of final raiment, these rewrd documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safers' and Prorecdvm: 6"1). C'ONfRAC'1'OR slnll be rspotsiblc fa irritating. maintaining and supervising all saten precouuahs acid programs in conve:ctiort with the Worl:. CONTRACTOR shall tide all necessary precautions for the safety o[ and shall provide the necessary protection to prevent damage, injury or loss to, 620.1. all persons on the Week site or who may be Affected by the Work; 6:20.1 all the Work and materials and equipment to he incorporated therein whether in storage on or off the site, and 6 20 3. other property at the site or adjacent thereto, including trees. shrubs, tawrts waU:s, pavements, roadways. srudures utilities arc) Underground Facilities not designated for removaL relocation or replacement in the course of conswetion. CONTRACTOR shall comply with all applicable Laws and Regulation%of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or nos€ and shag erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shag notify ovmem of adjacent propenv and of Underground Facilities and utility owners when Prosecution of the Work may after them, aced shall cooperate with them in the protection, removal, relocation and replacement of their properly. All damage, injury or Iola to any property referred to in paragraphs 62a2 or 6.20.3 mused directly a weliredly, in whole or in Fart by. CONI RA(_ froR, any Subcontractor. Supplier or any other person or organisation directly or indirectly employed by any of them to perform or funtish am of the Work or anyone for whose acts Any of than may, be liable, shall he remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Speciftcatiore or to the acts or omiasioa of OWNER or ENGINEER or la4GINEE•R's Consulmnt or anyone emploved by any of dreen a anyone for whose acts any of them may be liable, and tat attributable, directly of indirectly, in whole or in pert, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person a organization direcrly or indirectly employed lry am, of them) CONTRACf OR's duties and responsibilities for the aafcty and protection of the WQ& shall continue am[ such time as all the Wort is completed and ENGMEER has issued a IN notice to OWNER amp CONTRACTOR in accordance with parngmph 14A 3 that the Work is acceptable (except as otherwise .expressly provided in connection with Substantial Complcuon). 6.11. .SnjeN Represenmthw CONTRAMOK shall designate a qualiticd and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precaution: and programs. HaaardC'ummumoution Program: 6.12. CONTRACTOR shall be responsible for wordinating any exchange of material safety data sheets or other hamrd wmmunieation information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulauarr Finergencim: 6.^_3. In emergencies affecting the safety or protection of persons or the Wort, or propertyat the site or adjacent therein. CONTRACTOR, without special instruction m nuthnrimlion firm OWNER a ENGINEER is obligated to act to prevent threatened damage, injury , Ioss. CONTRACTOR shall give ENGLNEER pnmpt written notice if CONTRACTOR believes that am significant changes in the Work or varcium front the Contract Documents have been caused thereby. If ENGINZER determines that a charge in the Com=t Documents is requ'ved because of the action taken by CONTRACTOR in resTxmu to such an emergency,_ a Work Change Directive or Chautge Order will be issued to document the consequences of such action 6.24. Shop Dranirgs and Sampler. 624.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop DmwuW and Sample submittals (see pamgaph 2 9). All submmads will be idenlifaed as ENGINEER may require ax1 in the number of copies spee fled in the General Reasuements. The daw shown on the Shop Drawings will he complete with respect to quantities - dimensions, specified perfonmmce and design criteria_ materials and similar data to show ENGINEER the materials and equipmem CONTRACTOR proposes W provide and to enable ENGINEER to review the information for the limited purposes required by pamgmph6,X, 6.242. CONTRACTOR shall also submit Samples to 1 4OM-ER for review and approval in accordance with said accepted schedule of Shup Omwirtgs and Sample submittals. Each Sample will be identified clearly as in materiat Supplier, p<ntnent data such as cret,lug numbers and the use for which intended and otherwise as HNGINRHR may require to enable ENGINEER W review the submitml for the limited WWGFT Xa CONfNPONS 1910911990F111iun 16 wdc7TY OF FORT COLLINS MODIFICATIONS IFEV4,]00o) purposes rc4"cd by paragraph626. The numbers of each Sample to he submitted will he as specified in the Specifications. U& Submittal Procedures: ti.?i, I. Before submitting each Slop Drawing or Smnplc. CONTRA("I'OR sell have determined and verified 6.21.1.1, ad held measurements, qunnnues. dimcmiau, specified performance criteria. installation requiranenL% materials catalog numbers and similar information with respect therein. 6251 2 all materials with respect W intended use, fabrication, shipping. handling, storage. assembly are installation pertaining to the performance of the Work, and 6_5. 1.3all information relative to CONTRACTORSs ale responsibilities in respect or means methods, lechvuques sequeras and procedures of construction and safety precautions and programs incident therein CONI'RM7FOR shall also have reviewed and wordmated inch Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements ni the Work and the Contract Docum ovs. C. 21:2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTR.ACTOR's obligavons under the Contract Documents with respect to CONTRACTORS review and approval of that submittal 6.2iS At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice or such vanatiore. if any, that the Shop Drawing or Sample submitted may, have from the requirements of the Contract Documents such notice W be in a written communication separate from the submital, and in awatiat, shall muse a speihc notation to be made on each Shop thawing anal Sample submitted to ENGINEER for review and approval of each such variation 626. ENGINEEK will review and approve Shop Drawings and Samples in accordance with the schedule of Ship Drawings and Sample submittals accepted by LNGINEER as required by pamgmph 29. ENGINIER's review arM approval will be only to determine if the items cwemd by the submittals will, alder installation a ncorpomtion m the Wort: conform to the information given in the Contract Documents and be compatible with the design concept of the completed Iynject as a functioning whole us indicated by the Contract IWcumems. EINGIN'EER's review and approval will not extend to means, methods, techniques sequences or procedures of construction (except where a particular means method, technique, sequence or procedure. of