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109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9951626
Date: 3/10/2009 Fort Collins Page Number: 1 Purchase Order Number: 9951626 uenvery uate: 3/1UI2UU9 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 61,043.00 NEW MERCER & LARIMER CTY Total $61,043.00 City of Fort ConinI Director of Purchasing and Risk Management City of Fort Collins This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970.221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522.0580 modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction 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 Construction 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. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 3rd day of March , 2009. Principal IN PRESENCE OF: Hydro Wonstruction Company, Inc. ATTEST: 1_j3Y i_ ems,. . . A By� ' Gw o l \� `. (Title) 301 East Lincoln Avenue, Fort Collins, CO 80524 (CORPORATE SEAL) (Address) Other Partners Page 2 of 3 IN PRESENCE OF: N/A IN PRESENCE OF: WITNIT: By: Jes is Talbot (SURETY SEAL) By: N/A By: N/A Surety Hartford Fire Insurance Co`rn,any r Attorney -in -Fact Nicole L. McCollam One Hartford Plaza, Hartford, CT 06155 (Address) NOTE: Date of Bond must not be prior to date of Construction Agreement. If Contractor is Partnership, all partners should execute Bond. Page 3 of 3 IMA 11550 Vth Street, Suite 600 Denver, CO 80202-1657 Phone 303.534.4567 Direct Inquiries/Claims to: POWER OF ATTORNEY PO BOX THE 2 0HARTFORD 3,6 0D ASYLUM HARTFORD, CONNECTICUT 06115 call: 888-266-3488 orfax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340140 XO Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XD Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Sheryll Shaw, Robert L. Cohen, Sarah Finn, Nicole L. McCollam, Sue Wood, Robert J. Reiter, Bradley J. Jeffress, Kristen L. McCormick, Keith M. Thompson, Jennifer Bub of Denver, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ...r g •re� tO�f y""{{� rnyve ,�i:; ,F "coew 1D74*o.�1979 Y ^�iiA.'P K° �t•P'f }�,r ,�A't ro5 fY '`• o. Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD On this 1" day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. . W • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 3, 2009. Signed and sealed at the City of Hartford. /' K'R. J'�."a"s y Ia. 3 MPS 'i r.r o.l 1884 q9i � }0— by4s £ ,fir 4�`avma�e fyrNl� (;6 rD 70 &r 4L^ I97D `fi I979 . ..... C 'tom r,_ . Gary W. Stumper, Assistant Vice President - CORQM CERTIFICATE OF LIABILITY INSURANCE A02/2/09 DATE6/09 /VY) PRODUCER 1-303-534-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INA of Colorado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 Denver, CO 80202 INSURERS AFFORDING COVERAGE INSURED Hydro Construction Company, Inc. — -- SU INRERA American Guarantee & Liab. (Zurich American Ina) _ -- ur-- INSURER B: American Guarantee & Liab. (Zurich N. American Ins) 301 East Lincoln Avenue INSURERC: Pinnacol Assurance Fort Collins, CO 80524 INSURER D: INSURER 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. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ILTR LIMITS A GENERAL LIABILITY CP0343758104 09/30/08 09/30/09 EACH OCCURRENCE $ 1, 000,000 X COMMERCIAL GENERAL LIABILITY FIRE_DAMAGE(Anyone lire) $300, 000 ( CLAIMSMADE X.I OCCUR I M ED EXP(Anyone person) $ 10,000 X PD Ded: $5, 000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIM IT APPLIES PER _X.. PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PRO- LOC A AUTOMOBILE LIABILITY CP0343758104 09/30/08 09/30/09 X SINGLE LIMIT $ 1, 000, 000 ANY AUTO (aaccINED cident ALL OWNED AUTOS _ - - BODILY INJURY $ _ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Par accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ANY AUTO_._—_-- R OTHER THAN EA ACC $ AUTO ONLY: AGO $ E EXCESS LIABILITY AUC593964000 09/30/08 09/30/09 EACH OCCURRENCE $ 1,000,000 _ X OCCUR (__J CLAIMS MADE AGGREGATE $ 1,000,000 DEDUCTIBLE X I RETENTION $ 0 $ C WORKERS COMPENSATION AND 2091550 04/01/08 04/01/09 x_ TORY L) OETRH- EMPLOYERS'LIABILITV--'- ------- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $1, 000, 000 E.L. DISEASE - POLICY LIMIT $1, 000, 000 OTHER S S S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Fort Collins 700 Wood Street Fort Collins, CO 80521-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE USA holly22 ikiT:l 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. ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: PROJECT OR SPECIFIED PART SHALL INCLUDE: OWNER: City of Fort Collins LOCATION: Fort Collins, Colorado CONTRACTOR: CONTRACT DA The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. By: ENGINEER 0 AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR and agrees to AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE Certificate of Substantial Completion 00635- Page 1 09/06/07rev SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Hydro Construction Company, Inc. Gentlemen: You are hereby notified that on the day of , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, A check is attached hereto in the amount of ($ ) as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins a Title: ATTEST: Certificate of Final Acceptance 00640- Page I 09/06/07rev SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Hydro Construction Co., Inc. PROJECT: The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5/98 LIEN WAIVER RELEASE (CONTRACTOR) Page 00650-Page I 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 CONTRACTOR: Hydro Construction Company, Inc. 0 ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by Witness my hand and official seal. My Commission Expi Notary Public 5/98 LIEN WAIVER RELEASE (CONTRACTOR) Page 00650-Page 2 SECTION 00651 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: HYDRO CONSTRUCTION COMPANY INC. (CONTRACTOR) FROM: (Subcontractor) WORK ORDER NUMBER: 1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Subcontractor voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the Subcontractor may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the Subcontractor or its agents, employees, and servants, or by and through the Subcontractor by various sub -subcontractors or materialmen or their agents, employees and servants, and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub -subcontractors, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. 5/98 LIEN WAIVER RELEASE (SUBCONTRACTOR) 00651- Page I HYDRO CONSTRUCTION CO., INC. Estimate Totals Description Amount Totals Hours Rate Cost6asis Dostper Unit Percent of Total IdW 13,337 R6.178 h. 21M% Maleial 5,5% 9.16% Su6mih 20.250 Ey.]p 4.036 MD.M h. 33.17% 0r 2 � 6.61% 45915 C 915 43 % 75.4 75.22% Saks Tax 178 &M% c Lapor BuNen 5.623 Q'M% c 821% mv4 eonE-21r. �009 g , 6.900 52815 11.30 $6.52% IaEOr Ouel�eal 669 MabSal O.rMex1 SM% c c 1.10% vnbM OvaM1eaE 4M 2.0 % c 0.66% ue+TMntO 1ieaE 81 gM1e O.eM1eaE_� 2000% c 2.W0% c 0.13% ^ 1,208 51,023 1.98 E8.50^e PmRa(Ner6aai 7.020 11.600% T 1130% TOM 61,e43 Page 3 Signed this day of 0 Name & Title ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: SUBCONTRACTOR day of Notary Public by 5/98 LIEN WAIVER RELEASE (SUBCONTRACTOR) oo651- Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Hydro Construction Company Inc. PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) 10 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 5/98 CONSENT OF SURETY 00660- Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CEF TIFICATE on o17z (12ren `+ COLORAoo r1EPARSrd ENT Or REVENUE V ni RcO02d0P61 ac3) CONTRACTOR APPLICATION e) FOR EXEMPTION CERTIFICATE Pulsuantto Statute Section 39 26.114(1)(a)(XIX) nn NOT wr.ITc IN THIS srr.oE The exemption certificate for which you are applying must be used onlyfort he purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply tot lie purchase or rental of equipment, sup plies, and Irlaterialswhich 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 a od other penalties provided by law, A separate certificate is required for eac h Conti act. 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 revere side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. yaataJAa<ollxNo.lo aseimdUy 89 - re a 999 0170-750 $0.00 ( i CONTRACTOR INFORMATION Trade name/ A ma, vinrtor «c«pOn110 �,lm� Malimg addreps ((Ely. State, Zip) correct Person E real address I odaral enployer s /dent-olon lJumberBid amount for your contact $ wrti er. Bu2inM51CIBVIUnO shim Wr Oord ou............ l 0 nvil 101 .l K9unl ilYill l<n EXEMPTION INFORMATION Copies of contract or agreement pages(1) identifying the contracting parties and (2) contain Ing signatures of contracting parties must be attached, NAIn@o eSemp(OftJanl2aUbn bo Shown on contact) Exerruntorgan,tchoon sn... nber 98 - Adilress of exempt orofricaron (City, Slate, Zip) Principal contact at exempt onanization Principal non acts telephone number Physical ocauon of project site glveactual addressedlen applicants and Cities end/orCountytoo) where Project is located) SnIxWWOE .orcl _aY ear ESemrlop •on UY car dlWmnion 61an Mlle Ca OIVIUliOit time I declare Under penalty of perjury in Me second degree that the statements made in this application are It and complete to the best of my knotalcdge. Signature of ovois, partner or oorpor eoficer 777" Dale DO NOT WRITE BELOW THIS LINE 5/98 APPLICATIONS FOR EXEMPTION CERTIFICATE 00670-Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. 5/98 APPLICATIONS FOR EXEMPTION CERTIFICATE 00670-Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment .5/98 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $. TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: WA DATE: 0 5/98 Change Order 00950- Page I Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF OWNER'. City of Fort Collins PROJECT. APPLICATION NUMBER. APPLICATION DATE. PERIOD BEGINNING. ENGINEER: CONTRACTOR. PERIOD ENDING: PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the accountfor this ConUact is as follows. 2 Original Contract Amount 3 Net Change by Change Order: Current contract Amount. S0.00 Tola! Completed and Stored to Date Less Previous Applications. .Amount Due this Application - Before Retainage. $0.00 Less Retainage. Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION. $0.00 CERTIFICATION. The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection wth the Work have been satisfied as required in Paragraph 14.3. of :he General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date By Payment of the above Amount Due This Application is approved by the OWNER Dale By CONTRACT AMOUNTS Bid Item Number Description Quantity Mts Unit Price Amount APPLICATION FOR PAYMENT Work Completed Work Completed This Month Previous Periods Qtv. Amount Qty. Amount Work Completed Stored To Date Materials This Qty. Amount Period PAGE 2 OF t Total Earned Percent To Date Billed $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $0.00 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0 00 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $000 $000 $000 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $000 S0 00 $000 $0.00 $000 $000 $000 $000 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $0.00 $000 $000 $0.00 $000 $000 $0 30 $000 $000 $000 $000 $000 $000 $000 $000 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF e Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty Amount Qty. ,Amount Qtv. .Amount Period To Date Billed $0.00 $0 00 $000 $0.00 $0.00 $000 $0 00 $000 $000 $000 $000 $0 00 $000 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0 00 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $0.00 $000 $000 $0,00 $0 00 $0.00 $0.00 $000 $0.00 $0 00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $0,00 $000 $000 $000 $000 $0.00 $0.00 $000 $000 $000 $000 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $000 $000 $000 $0.00 $0.00 $0.oc $0.00 $0.00 $0.00 $0 00 $000 $000 $0.00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0.00 $000 $0.00 $0.00 $000 $0.00 $0.00 $000 $0 cc $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $a00 $000 $000 $0.00 $0.00 $000 $0.00 $000 $0 DO $000 $000 $0.00 $000 $0.00 $c.00 $0.00 $0.00 $o.00 $000 $0.00 $0.00 $0.00 $0.00 $000 $000 $0.00 $000 $000 $000 $000 $000 TOTALS CHANGE ORDERS $0.00 $0.00 $000 $0.00 $0.00 P ROJ ECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 4 STORED MATERIALS SUMMARY On Hand Received Item Invoice Previous This Number Number Description Applicaton Perod PAGE 4 OP 4 Installed On Hand This This Period Applicabon $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0 00 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 TOTALS $000 $000 $000 $000 E H)<Iro Custr:clim Curyany. 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Rdliy Mcdflcetm lrasMl mAd,cmtrds Sbrt.uPaad TesAre Edo Dem9roWark 31 3f OSNAR99 11MPA03 615 DamOavirA a) 21111MRM 15MARCB QO WIN Wal Ctl E0 13NARM 19MAR03 6S URAsssrtlYRshl4 Ed Sd WIRM' t5APR09 6'S Raliy ModfKaEm 21 21 t61PR03 �m 5iD 8ec4ica'RaYall Ltl ,ld(WR09 1G m 635 Stsbll GmhaS 40 Etl 14WR09 17APR0a 600 51at-UPartlTasSy 2tl 2i 2NPRG9 21PPR09 CAty of Fort Collins New Mercer & Lanmer Cty. #2 Modifications GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL, CONDITIONS OF 'LIIE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No, 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining teat that has been added and sulking through text that has been deleted. EJCDC GENERAL, CONDITIONS 1910-8 (19901DITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 Article or Paragraph Number & Title TABLE OF CONTENTS Or GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ...................................... ................1 1.1 Addenda........_........ _................._......? 1.2 Agreement ..,............ ...........................1 L3 Application for Payment..,,,,,,_.............1 1.4 Asbestos .............................................? 1.5 Bid ........................................ 1.6 _... Bidding Documents .............._.__.........1 _.....1 1.7 Bidding Requirements .........................1 1.8 Bonds_.._ ..............._. _......,._.............1 1.9 Change Order...__...............................I 1.10 Contract Documents .............................. 1 1.11 Contract Price......................................I 1.12 Contract Times„_,_. _....................__.,..1 1.13 CON"TRACTOR..................................1 1,14 defective.._.............................._..._....1 1.15 Drawings ............................................. 1.16 Effective Date of the Agreement.,,,,,,,,, 1 1.17 ENGINEER_ ................ _..._...............I 1.18 ENGINEERS Consultant ....................... 1 1.19 Field Order......_..........................__...1 1.20 General Requirements ................. ,..... 2 1,21 Hazardous Waste ................................. 2 1.22.a Laws and Regulations; Laws or Regulations., . ... ..... I ............... ....... 2 L22.b Legal Holidays ..................................... 1.23 Liens.................................................2 1.24 Milestone............................................2 1.25 Notice of Award 2 1,26 Notice to Proceed 2 1,27 OWNER..............._......_........_..........2 1.28 Partial Utilization................................ 2 1.29 PCBs._..__....__._._..............._...__..2 1.30 Petroleum......„.,,,,.._......._..._.__..._..2 1.31 Aoject............................. ...........2 1.32.a Radioactive Material.,.,... _...................2 1.32.b Regular Working IIours .... ................... 2 1,33 Resident Project Representative .... ,.,,,,_2 1.34 Samples.....,...__ .... .................. ._... ... ..2 1.35 Shop Drawings....................................2 1.36 Specifications..................................... 2 1.37 Subcontractor 2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions .................. 2 1.40 Supplier..............................................2 1,41 Underground Facilities ..................... 2-3 1.42 Unit Rice Work,.,..,..,, 1.43 Work_...............................................3 1.44 Work Change Directive_ ....................... 1.45 Written Amendment.. ............................ 3 Page Number PRELIMINARY MATTERS .......... _... _............... 3 2.1 Delivery of Bonds_...............3 2,2 Copies of Documents.......................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2A Starting the Work,,,,,,,,. . 2.5-2.7 Before Starting Construction; CONTRACTOR'S Responsibility to Report; Prelim inary Schedrles; Delivery of Certificates of Insurance ................................... 3-4 2.8 Preconstruction Conference ............... 4 2.9 Initially Acceptable Schedules .......... 4 CONTRACT DOCUMENT'S: INTENT, AMENDING, REUSE.- .......................................... 3.1-3.2 Intent ............................................. 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ............................. ... 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunents... ..... 5 3.6 Supplementing Contract Do culn en t s .......... ... .................... 5 3.7 Reuse of Documents.........................5 AVAILA131LITY OP LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS...,........_.... _.....................5 4.1 Availability of Lands._ .................. 5-6 4.2 Subsurface and Physical Conditions ................... _. _........... 6 4.2.1 Reports and Drawings......................0 4,2.2 Lint ited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ............... _,6 4.2.4 ENGINEERS Review ........................ 6 4,15 Possible Contract Documents Change................. _.............. _...._6 4.2.6 Possible Price and Times Adjustments.............................. 6-7 4.3 Physical Conditions --Underground Facilities .................................. _...7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated 7 4.4 Reference Points _..7 IOCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CIIY OF FORT COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number &Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............._., _. 7-8 BONDS AND INSURANC................................. 8 5.1-5.2 Performance, Payment and Other Bonds............. _.......... _............. _.... S 5.3 Licensed Sun ctics and Insurers; Certificates of Insurance,,,,,,,,,,,,, S 5A CONTRACTOR!s Liability Insurance ............. _. _..............,.........9 5.5 OWNER's Liability Insurance ,,............. .5.6 Property Insurance .......................... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance,,,,,,,,,,,,,,,, 10 5.8 Notice of Cancellation Prodsion 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts 10 5,10 Other Special Insurance,,.__ ............. 10 5.11 Waiver of Rights _ .......... 1 5.12-5.13 Receipt and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace ...................11 5,15 Partial Utilization --Property Insurance 11 CONTRACTOR'S RESPONSIBILI'TIES 11 6.1-6.2 Supervision and Superintendence.,...., 11 6.3-6.5 Labor, Materials and Equipment..., 11-12 6.6 Progress Schedule ........ ,............. .......12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR'S Expense, Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights.. _................ ......... 13-14 6,12 Patent Fees and Royalties, ........... ,... 14 6.13 Permits_._ ...............__......__........._ 14 6.14 Laws and Regulations.._ ............._,_., 14 6.15 Taxes.._ .............___... _..... _........ 14-15 6,16 Use or Premiseg..,,,,._,.,.. _................ 15 6.17 Site Cleanliness, ....................... 15 6.18 Safe Structural Loading,,,,,, 15 6.19 Record Documents __15 6.20 Safety and Protection„_,.,......_..,_ 15-16 6.21 Safety Representative ....... .......... 16 6,22 Hazard Communication Programs..,,,, 16 6.23 Emergencies ........ ............................. 16 6.24 Shop Drawings and Samples.,....,,,_.., 16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ............. _........,.,.......... 16 6,26 Shop Drawing & Sample Submit- tals Review by ENGINEER...... 16-17 6,27 Responsibility for Variations From Contract Docum eats ............ 17 6,28 Related Work Perform ed Prior to ENGINLER's Review and Approval of Required Submittals. _._. _............... _......... 17 629 Continuing the Work 6,30 CON'I'RACTOR's General Warranty and Guarantee..............17 6.31-6.33 Indemnification _.............. 17-18 6.34 Survival of Obligations ................... 18 7, OTHER WORK..._................................_.........,18 T1-7.3 Related Work at Site IS 7A Coordination, ..... ........... ....... ..... _... 18 8. OWNER'S RESPONSIBILITIES ......................._ 18 &I Communications to CON- TRACTOR ............. _. _.........,., _.18 8.2 Replacement of L;NGMELR... ,....__18 8.3 Furnish Data andpay Promptly When Due._....... _ ......................IS 8A Lands and Easements; Reports and Tests,......._.. _..............._ 18-19 8.5 Insurance........ ............ _..............19 8.6 Change Orders ....... ............ ........... .19 8.7 Inspections, Tests and Approvals........... __................_, 19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services........... -........ _...... _.......19 8-9 Limitations on OWNER'S Responsibilities. _ _......................19 8,10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ..................... 19 8.11 Evidence of Financal Arrangements..... ... ...... .... „........ 19 ENGINEER'S STATUS DURING CONSTRUCTION ._....................... _........ _... 19 9.1 OWNER's Representative,,,,,,,,, ,,,, ,19 9.2 Visits to Site 19 9.3 Project Representative ............... 19-21 9.4 Clarifications and Interpre- tations 9.5 Authorized Variations in Vdrk 21 E1CDC GENERAL CONDITIOM 1910-8 (1990 EDITION w/ CITY OF PORT COLLINS MODIPICAJIONS (REV 9/99) General Conditions 00700 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work„_ ............. 21 13.8-13.9 UncoveringWork at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .................... 27-28 and Payments ......................... ,., ........ 21 13.10 OWNER May Slop the Work,... 28 9.10 Determinations for Unit Prices.,.,,, 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; E'NGI- Defective Work ..... ,...... NEER as Initial Interpreter .............. 22 13.12 ...............28 Correction Pei red 9.13 Limitations on ENGINEER'S 13.13 ,,. Acceptance ofDefective Work _28 28 Authority and Responsibilities ..... 22-23 13.14 OWNER May Correct Defective Work. 28-29 CHANGES IN THE WORK..................................... 23 _.. 10.1 OWNER's Ordered Change .................. 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment......_ ................ 23 COMPLETION 29 10.3 Work Not Required by Conti act 14.1 .._........... ......._......,... Schedule of Values.,,.,,.,__....,.,..,, _. 29 Documents................................ 23 14,2 Application for Progress 10.4 Change Orders...................................23 Payment._............. 29 10.5 Notification o(Surety ......................_23 14.3 ............... CONTRAC'1'OR's Warranty of Title..........................................29 CHANGE OF CONTRACT PRICE ..............._...,_„ 23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,.,,,.,_,...,... 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion..,,,, 30 the Work .................................. 23-24 14.10 Partial Utilization ........30-31 71.4 Cost of the Work ........... .... ............ 24-25 14.11 ....................... Final Inspection_ .__..........._........31 11.5 Exclusions to Cost of the Work.--- ,,. 25 14.12 Final Application for Pa)onen{,,,.. 11.6 CONTTRACTOR's Fee 25 14,13-14.14 Final Payment and Acceptance,.,..,. _.31 31 11.7 CostRecords ,,,,,,,,,25-26 14.15 Waiver of Claims..,,,.,_....__,,,...31-32 11.8 Cash Allowances., 26 11.9 Unit Price Work................._......,,,,..26 15, SUSPENSION OF WORK AND TERMINATION .............. CHANGE OF CONTRACTTINES . _...... _ _„....,. 26 15.1 ..................32 OWNER May Suspend Work........,, 32 12.1 Claim for Adjustment ,......... ............ 26 15.2-15.4 OWNER May Terminate 32 12.2 Time of the Essence„_.,.,...,,,,,_.....,., 26 15.5 ................ CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate 32-33 Control........... ...................._...... _... 26-27 .................. 12A Delays Beyond OWNER's and 16. DISPUTE RESOLUTION ..,.,,,,,,___ 33 CONTRACTOR's Control ................. 27 .................. 17. I\QISCELLANEOUS TESTS AND INSPECTIONS; CORRECTION, 17.1 ,..,.„................................ Giving Notice .......... ................ _.,33 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times, ... 33 DEFECTIVE WORK ..................... _... _..........__.....,,.27 IT3 ............ Notice of Claim_.............. 33 13.1 Notice of Defects.,.,,.. _.....................27 17.4 _........ Cumulative Remedies.........,__,_. 33 13.2 Access to the Work., ......... ,_,,,,_........27 17,5 Professional Fees and Court 13.3 Pests and Inspections; Costs Included 33 CONTRACTOR'S Cooperation........ 27 1Z6 ........................ Applicable State Laws,,,, . 3.3 -34 13.4 OWNER's Responsibilities; Intentionally left blank., .......... 1.1 35 Independent Testing Laboratory..._. 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities.....,.., ........27 Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,, GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration._ GC-A7 tion, Testing or Approval ................. 27 16.7 ................ Mediation, .... ........... _........ ,... GC -AI EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS p1EV 9/99) General Conditions 00700 INDEX TO GENERAL CONDITIONS City of Fort Collins nlodi Iications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Num her Acceptance of - Bonds and Insurance,,..__..._ ..................... _,..., 5,14 defective Work,,,,,,,,,,,,,,_..,....,.. 10.4.E 13.5, 13.13 final payment... .... .. .....9.12, 14.15 insurance .,,.,..., 5,14 other Work, by CON 'TRACIOR _....,,7.3 Substitutes and "Or -Equal' Items... ........ 6.7.1 Work by OWNER ,.,...,.................. ...2.5, 6,30, 6,34 Access to The_ Lards, OWNER. and CONTRACTOR responsibilities...._....._..._ ................. ......._ 41 site, related Work ....... .............._.......... _... _._..7.2 Work . ..... _..............__.... 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ............................. 6.9. 1, 9.13.3 ENGIN11iR....,_...._...__...................._6.20, 9.133 OWNI3R..._..............._....__.................__. 6.20, 8.9 Addenda --definition of (also see definition of Specifications).,.._,(L6, 1.10, 6.19), 1.1 Additional Property Insurances...... _..... _. - ....... 5.7 Adjusnn cuts -- Contract Price or Contract limes ........ .__._..... .. _.. 15, 3.5, 4A, 4.3.2, 4.5.2, .............. ......__..... 4.5.3, 9A, 9,5, 10.2-10.4, _......................... _............ 11, 12, 14.8, 15.1 progress schedule...,.,,_.__, ....................... 6.6 Agreement -- definition oC................. _.._........... _...__.... 1.2 "All -Risk" Insurance, policyform ............. ...............5,6.2 Allowances, Cash__...._........................._..........__.1 L8 Amending Contract Documents,,,,,,,,,,,,,, _..,..__. _..,_ 3.5 Amendment, Written -- in general .,,,,,,,_ ...... 1, 10, 1,45, 3.5, 5.10, 5.12, 6.6.2 ... I. ..... ____.,.,_6.8.2, 6.19, 10.1, 10,4, 11.2 ..._......_..............._..._. 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ............._..,_._,,, 9.10, 9,11, 10.4, K2, 16.5 Application for Payment— definitionof ............. _.......................... _......... _.1.3 ENGINELR's Responsibility, ...................... ......... ,9 final payment ........ ...... ,, 9.13.4, 9,13.5, 14.12-14,15 in general ..........................2.8, 2.9, 5.6A, 9.10, 15,5 progress payment ... ....... _...,................. ._..14.1-14.7 review of ......__....__.... _....... __... _.....;14.4-14.7 Arbitration ......................___..__. _.. _........_16.1-16.6 Asbestos -- claims pursuant theretq _....,. 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work..,,....,, 4-5.2 definition of.,,,,,,._ ...... ..... ......._............... I ...... ,.. IA Article or Paragraph Number OWNER responsibility for .... ......... ... ............. .5.1, 8.10 possible price and times change „.... _,... 4.5.2 Authorized Variations in Work 3.6, 6.2.5, 6.27, 9.5 Availability of Lands .,_„........ 4.1, 8.4 Award, Notice of--clefined„_„_._.,.........._ .............. 1,25 Before Starting Construction .................... 2.5-2.8 Bid --definition of....,. ............... 5 (1 1, 1.10, 2.3, 3.3, _..........._......... 4.2.6.4, 6. 13, 11.4.3, 11.9,1) Bidding Documents --definition of ... 11 ......... ...... ...... .__... I ... .... .,1.6(6.8.2) Bidding Requirements —definition of......_............._...................1.7(1. 1, 4.2.6,2) Bonds -- acceptance of...._..._._ ...................................... 5.14 additional bonds...............................10.5, 11.4.5.9 Cost of the Work.........._ .....................___..... 11.5.4 definition of.,.,...._......__.....__.......___..__... _.. 1.8 deliver' of_...._ ...............___._... ....... ,......... 2A, 5.1 final Application for Payment, ...... __,,,.,14.12-14.14 general ... ,................... ............... 1,10, 5.1-5.3, 5,13, .,..... .._'........ ....... _.......__9,13, 10.5, 14.7.6 Pei fouuance, Payment and Other ................... S. 1-5,2 Bonds and Insurance --in general,,,,,,,,,,,,, ,. .,... 5 Builder's risk "all-risk" policy form.. .................. 5.6.2 Cancellation Provisions, Insurance..,,..., 5.4.11, 5.8, 5.15 Cash Allowances _...........__......._... _......_..... _.. _.1 LF Certificate of Substantial Completion, ..... ,.,1.38, 6.30.2.3, ._.................._..__...._.. _... _.....14.8, MAO Certificates of Inspection ,,,,,,,,,,,,,,,,,,,9.13.4, 13.5, 14,12 Certificates of Insurance.,.-.. 2.7, 5.3, 5.4.11, 5.4,13, 5.6.5, 5.8, 5.14, 9.13.4, 14,12 Change in Contract Price -- Cash Allowances...._...__....._ .......................... 11.8 claim for price adjustment....,....... 4.1, 4.2.6, 4.5, 5.15, 6,8.2, 9A ,-... , 1.,.1... ,,,, 9.5, 9,11, 10.2, 10.5, 11.2, 13.9, _..................... 13, 13, 13,14, 14.7, 15, 1, 15.5 CONTRACTOR'S fee...._......_.. _................ _..... 11.6 Cost of the Work general ................... ......_........ _.......... 11,4-1 L7 Exclusions to ....................... .............. _.... _...11.5 Cost Records... _..................... ............... ........... 11.7 . in general,,,,1. 19, 1.44, 9.11, 10.4.2, 10, 4,3, 11 Lump Sum Pricing._ ...................__................ 113.2 Notification of' urety,..,.,.,,,_,_....................... 10-5 Scope of, ........................... ......._..__...___ 10.3-10A Testing and Inspection, Uncovering the Work, ....................... ....__. 13.9 FOCDC OENERAT, CONDITIONS 1910-5 (1990 EDITION) w/ CITY Or, FOR1COMINS MODIFICATIONS Q2EV 9/99) General Conditions 00700 Unit Price Work ..... ............ .............. ..._..11.9 Article or Paragraph Num her Value of Work........_............_ ...................... _.. 11.3 Change in Contract 'Times-- Claim for times adjustment....._.4.1, 4.2.6, 4.5, 5.15, ...........1 6, 8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ...............13.9, 13.13, 13.14, 14.7, 15. I , 15.5 Contractual time Tim its ............................._...,,.. 12.2 Delays beyond CONTRACTOR's control................................. _..... _. _... _..... 12.3 Delays beyond OWNER's and CONTRACTOR's control.,.....,...„ ................112.4 Notification of surety. .......................... 10.5 Scope of change ........................... .............10.3-10.4 Change Orders -- Acceptance of Defective Work ..................._.....13.13 Amending Contract Documents3.5 Cash Allowances,,.,.. „_..._. ...,..... 11.8 Change of Contract Price....,,,,,.,._......._.,,, 11 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 ........................ _.................... _.... 6, 23 ENGINEER's responsibility,.,,,,. 9.8, 10.4, 11.2, 12.1 executiono(............__.....................................10.4 Indemnifiction ................... ,..... 6,12, 6.16, 6.31-6,33 Insurance, Bonds and ............. __,,, 5.10, 5.13, 10.5 OWNER may terminate ......... ....... 15.2-15.4 OR/NER's Responsibility ............................ 8.6, IDA Physical Conditions -- Subsurface and ................ .......... _. _.......4.2 Underground Facilities-- ......................_._.4.3.2 Record Documents ........................................... 6.19 Scope of Change......... _................ _...........10.3-10.4 Substitutes ............ ................ ................. 6.7. 3, 6A2 Unit Price Work.......... _.............. _........ 11,9 value of Work, covered by ................................. 11.3 Changes in the Work.. ........................ . I ...... ._.... ........10 Notification of surety ............... _...................._..16.5 OWNER's and CONTRACTOR's responsibilities, ................. ........................ 10.4 Right to an adjustor ent............... ................ ..... .10.2 Scope of change ...................... ................ 10.3-10.4 Claims -- against CONTRACTOR ........................_..,.._.... 6.16 against ENGINEER ........... I ......... .I....''..., ......... .32 against OWNER ..................... _.. _...............,.... 6.32 Change of Contract Price ........................... 9A, 11.2 Change of Contract Times 9.4, 12.1 CONTRACTOR'S ............. 4, 7.1, 9.4, 9.5, 9.11, 10.2, ......... I ......... ..... .. 11, 2, 11.9, 12.1, 13.9, 14.8, ............................................ 15.1, 15.5, 17.3 CONTRACTOR's Fee _........._..__........._......... 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes .......... ....... .............. 9.11, 9.12 Dispute Resolution.,,,_...__ ................................ 16.1 Dispute Resolution Agreement.... _.. _........ 16.1-16.6 ENGINEER as initial interpreter ....................... 9.11 Lump Sum Pricing...._ ..................... ............... 11.3.2 Noticeof._..........._......_......._......._ ................a7.3 OWNER'S ................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 .... _...._........... 12.1, 13.9, 13.13, 13,14, 17.3 OWNER's liability.........., ..... ......... ............... 5.5 OWNER may refuse to make payment ................ 14.7 Professional Pees and Court Costs Included ..................................................... 7 7.5 request for formal decision on............................9.11 Substitute Items _,,.....,6.7.1.2 Time Extension ......, ... ............12.1 Time requirements_................._...............9,31, 12.1 Unit Price Work..._........._.... _..._.................. 11.9.3 Value of'. .......... 1.1.3 Waiver of --on Final Payment,,,,,,,,,,,,,,,,, 14.14, 14.15 Work Change Directive ...... ......... _.. _.. _.. 10.2 written notice required..-,,,,,,,,,,,,,,,,,,9.11, 11.2, 12.1 Clarifications and Interpretations.,...,..,,,, 3.6.3, 9A, 9.11 CleanSite..........................................'-__........,_6.17 Codes of Technical Society, Organization or Association ................................................. 3.3.3 Commencement of Contract Times,,,,,,,,,, 2.3 Communications -- general....... ....... .................... ,........... 6.2, 6.9.2, 8.1 hazard Communication Programs,,._,,,,,,,,,,,,,, 6.22 Completion -- Final Application for Payment,._ .... ............... ,.14,12 Final Inspection .............. _.............................. 14.1) Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization. ..................._.,.,.....,.,.._.... 14.10 Substantial Completion.,.,.,,,,.,_.._...... 1.38, 14.8-14.9 Waiver of Claims.._ ....................................._. 14,15 Computation of Times; _,... _................. _ _ 122.1-17.2.2 Concerning Subcontractors, Suppliers and Others._ ...................... _............_......... 6.8-6.11 Conferences -- initially acceptable schedules .....,,,,_................_29 preconslrucli on,....... I ..... I., . Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report .......................25, 3.3.2 Construction, before starting by CONTRACTOR ............. _............................. .5-2.7 Construction Machinery, Equipment, etc, ................. 6.4 Continuing the Work .................................... 6.29, 10A Contract Documents -- Amending_ ................ _............,............ _...........3.5 Bonds............................................................. 5.1 E1CDC OENERAL CONDITIONS 1910-8 (1990 EDITION) ,/ CITY OF FORT COLLINS MODIFICATIONS (TTV 9/99) General Conditions 00700 Cash Allowances I LS ............................................... Article or Rlragraph Numlxs Change of Contract Price 11 Change of Contract Times ....... ....... ........ .... _...... 12 Changes in the Work 10,4-10.5 check and verify ......... .............___.___.._......._2,5 Clarifications and Interpretations, ,,,,,,,,,,,,,,,,,,,,,_32, 3,6, 9A, 9.11 definition of__. ._.._ ................__...__.._..... 1. 10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative „,,,,,,,,,,,,9A general3 Insurance............ _... _.... ......... _............. _. _......53 Intent ..._........._......,__............ _.............. 3.1-3.4 minor variations in the Work ................................ 16 OWNIiR's responsibility to furnish data. ,,,,,,,,,,,83 OWNE,'R's responsibility to make Prompt Payment ....... ............. .... 8.3, 14.4, 14.13 precedence...... ....... __............ _.................3.1, 3.3.3 Record Documents..... _......... _......... _..._........, 6.19 Reference to Standards and Specifications of Technical Societies,,,_„_,,,,,,,,_,,,,,,,,,,,,,,,, 33 Related Work Reporting and Resolving Discrepancies, ,,,,,,„25, 33 Reuse of ......... ....... _... ................ .. _... 3,7 Supplementing ...................... _.................. ..... 3.6 Termination of ENGINE73R's Employln ent....„_, 82 Unit Price Work ................................................. 11.9 variations ...... ..................... 3.6, 6.23, 6.27 Visits to Site, HNGINEER's,,,,,,.,,__..,,,,. _,,,.,,,., 92 Contract Price -- adjustment of-,,,,,_„-_,_ 3.5, 4.1, 9.4, 103, 11.2-11.3 Changeof ... .. ........... _......-_....... _............. _.. 11 Decision on Disputes,,,,,,,,,,,,,,,,,,,,,,,,,,,__,,,„ 9,11 definition of, 1 11 Contract Times -- adjustment of,,,,,,,,,,,,,,,,,,,_..3,5, 4A, 9.4, 10.3, 12 Change of ............. _................... _......... _..12.1-12.4 Commencement of....._ ....................... _............. 2.3 definition of _,_......__ ..................... _........_... 1.12 CONTRACTOR -- Acceptance of Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,_, 5.14 Communications .... ......... ...... _.............. 6, 2, 6,92 Continue Work.. .... ,...... ...................._,,... 6.29, 10A coordination and scheduling, ,,,,,,,,,,,,,,,,,,„_„_.69.2 definition of _............._.. _..... _..._............. _.... 1,13 Limited Reliance on 'Technical Data Authorized........_.._..........___-..___..422 May Stop Work or Terntinatc 115.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 72, 13.2 Safety and Protection,,,,,_,,,,,,,,,,,, 43.1.2, 6.16, & 18, .......... ............_ ........6.21-6.23, 72, 132 Shop Drawing and Sample Review Prior to Submittal..._ ................................... 625 vii Stop Work requirements ....... .................. ........ .4 S2 CONTRACTORs— Article or Paragraph Number Compensation... . ..... .. ...................... ... . I1.1-1 L2 Continuing Obligation,,,,,,,,,,,,,,,_,,,,,-_,,,,, 14.15 Defective Work,,,,,,,,,,,_,___,,,,,, 9,6, 13.10-13.14 Duty to correct defective Work,,,,,,,,,,,,,,,,,, 13,11 Duty to Report -- Changes in the Work caused by Emergency .................... _... _... _...... _... 6.'J3 Defects in Work of Others, ,,,,,,,,___,,,,,,,,,,,,,, 73 Differing conditions 4.23 Discrepancy in Documents,,,,,, 2,5, 332, 6,14.2 Underground Facilities not indicated, 4.3.2 Emergencies._......_............................._..........623 Equipment and Machinery Rental, Cost of the Work........ _ _. _ _.......................... 11 A.53 Fee --Cost plus,,11,4,5,6, 11.5.1, 11,6 General Warranty and Guarantee,,,,,,,,,,,,,,__,,,,,630 Hazin'd Communication program s,,,,,,,,,,,,,,,,,_,,,622 Indemnification6112, 6.16, 6.31-633 Inspection of the Work ,,,,,,,,,,,,,,,,, 73, 13A Labor, Materials and Equipment,,,, _ _,,, _„,,, _63-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,, 6.14.1 Liability Insurance.. _........................ _._... _........5.4 Notice of Intent to Appeal,,,,,,,,,,,,,,,,,,,,,,, 9.10, 10.4 obligation to Perform and complete the Work .................____................ _...... _,630 Patent Rees and Royalties, paid for by .... 6.12 Performance and Other Bonds 5'1 Permits, obtained and paid for by6,13 Progress Schedule,,,,,,,,,,,,,,,,,,,,,,,,, 26, 2.8, 2.9, 6.6, .....,... _.._. ...... _.....,..... 629, 10A, 152.1 Request for formal decisionon disputes,,,,,,,,,,-,_ 9.11 Responsibilities -- Changes in the Work,,,,,,,,,,,,,,,,,,__,__, 10.1 Concerning Subcontractors, Suppliers and Others.............__„,__.._.......,_&8-6, 11 Continuing the Work ,629, 10A CONTRACTOR'S expense.,__,,,,,,,,,,,,,,,,,,,, 67.1 CONTRACTOR's General Warranty and Guarantee .............. _............. _... 6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ,,,,,,,,_,,,_,„6.25 Coordination of Work 6.9.2 Em ergencies .............................-...............623 ENGINEER'S evaluation, Substitutes or "Or -Equal" Items ............................. 6.7.3 For Acts and Omissions of Others........... _........... _.. 69.1-692, 9.13 for deductible amounts,insurance,,,,,,,,,,,,,,,,, 5.9 general...,.,..... .......6, T2, . ................. 73, 8.9 I3azardous Conununication Programs,,, 622 Indemnification 631-6.33 MCDC OP.NERAL CONDITIONS 1910-8 (1990 ED1710N) w/ CITY OF PORT COLLINS MODIRCAI]ONS (REV 9/99) General Conditions 00700 Labor, Materials and Equipment .............. 6,3-6.5 Laws and Regulations 6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents .................................... _..... 6,27 Patent Fees and Royalties ., _........................ 6.12 Permits . _........ 6.13 Progress Schedule._ ........................__._... _.. 6.6 Record Documents..._ .............._................, 6.19 related Work performed prior to LNGINEERs approval of required submittals _............ _............ _.....6.28 Safe structural loading .......................... ....... Safety and Protectio........ ..........6.20, 7.2, 13.2 Safety Representative, ...... ....................... 6.21 Scheduling the Work .................................. 6.9.2 Shop Drawings and Samples ............... ........ ,24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness ............................. _........... 6.17 Submittal Procedures .................. _............... 6.25 Substitute Construction Methods and Procedures .................. _................ 6.7,2 Substitutes and "Or -Equal" Items.................6.7.1 Superintendence , .................... 6.2 Supervision ............................. ................ ..6.1 Survival of obligations.. ... 11.11 ......... I ........... 6.34 Taxes......................................................... 6.15 Tests and Inspections, ..... ..... ......_. _........... 13.5 To Report............................................ _.. 15 Use of Premises.,.,_.,,,,,_.,..... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal, _................. _.. 6.25 Right to adjustmentfor changes in the Work.,... 10.2 right to claim..........., 4, 7A, 9.4, 9.5, 9.11, 10,2,11.2, ,,,,,,,._.11.9, 12,1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection,,,,,,,,,,,,,,,,, 6,20-6,22, 7.2, 13.2 Safety Representative ................. I—- .... ,...... _.6.21 Shop Drawings and Samples Submittals .... 6.24-6,28 Special Consultants..___.,,,_,,,,,,,, ._..... 11,44 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense .............................. ..._...._.6,7A, 6.22 Subcontractors, Suppliers and Others,,., . 6.8-6.11 Supervision and Superintendence,.,,,,,,, 6.1, 6.2, 6.21 'faxes, Payment by .......................... ......._........ 6. 15 Use of Premises.,,,,.,_ ................._. _......... 6.16-6.18 Warranties and guarantees....._.............._..6.5, 6.30 Warranty of Title ....... ...................................... 14.3 Written Notice Required-- CONTRACTOR. stop Work or terminate.....,,, 15.5 Reports of Differing Subsurface and Physical Conditions, _........ 4.2.3 Substantial Completion ............... ......... 14.8 MH CON'TRACI'ORS--other .,._...... 7 Contractual Liability Insurance .5; 4.10 Contractual Time Limits .................._, _...,.,.._....12.2 Article or Paragraph Number Coordination_ CONTRACTORs responsibility......._ ............... 6.9.2 Copies of Documents'.., I'' 2.2 Correction Period............._..,...,._...,,....................13,12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1, 13,10-13.14 Acceptance of Defective Work.,,,__ .................. 13,13 Correction or Removal of Defective Work...... _......................... 6.30, 13.11 Correction Period..... _............... .... 13.12 OWNER May Correct Defective Work ...... ....... 13,14 OWNER May Stop Work ................................. 13,10 Cost -- of Tests and Inspections ................................... 13A Records l 1.7 Cost of the Work -- Bonds and insurance, additional... ................ 11.4.5.9 Cash Discounts ....................... ..11.4.2 CONI'RACTOR's Fec.,..,,,,,,,._......................... 11.6 Employee Expenses ... ............._.._............... 11.4.5.1 Exclusions to.... 11.5 Gencral l l.4-11.5 Ilome office and overhead expenses ....................11.5 Losses and data ages....... _................. _.........11.4.5.6 Materials and equipment ....... ........................ 11.4.2 Minor expenses_..........._.._ ................ ... 11.4.5.8 Payroll costs on changes ......................._. ...... 11.4.1 performed by Subcontractors.... ...................... 11. 4.3 Records 11.7 Rentals of construction equipment. and machinery .................... _.. _..........,. I I A.5.3 Royally payments, perm its and license fees._ ........................._.............. 11.4.5.5 Site office and temporary facilities ...... 111.42 5 Special Consultants, CONTRACTOR's............. I IA 4 Supplemental ._.............................................. 11.4,5 Taxes related to the Work ... ...... ................... I IA5A Tests and Inspection, ........_................... .._...,.,..13.4 Trade Discounts._ ................_............. _....... 11.4.2 Utilities, fuel an_d sanitary facilities,,,,.,._._... 1L4.5.7 Work after regular hours .............. .._„_........... 11.4.1 Covering Work ............. .................. ............... 13.6-13.7 Cumulative Remedies_......,,,,, _..,..,.,.,,_,,._.,... 124-125 Cutting, fitting and patching ................................... 7.2 Data, to be furnished by OWNER.._ .......................... 8.3 Day --definition of ..................... _.........,........... _.,17.2.2 Decisions on Disputes ................................... 9.11, 9.12 defective --definition of ......................_.,,,,,..,,.,._,.,, 1.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITIONi) w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9199) General Conditions 00700 Correction or Removal of 10.4.1, 13.11 Correction Period,,, -13.12 in genet al ... .,..._._.._...__................. 13, 14.7, 14.11 Article or Paragraph Number Observation by ENGIATER ............................... 9.2 OWNER. May Stop Work_ ................ ........ ....... 13,10 Prompt Notice of Defects__,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,13.1 Rejecting_.. ......... ...... ......... _..... __._.,9,6 Uncovering the Work,,,,,,,,,,,,,,,,,,,,,,,,,„__,_,,,,,,, 13.5 Def nition5 Delays..................._...__.._..,,,,4. 1, 6.29, 123-12A Delivery of Bonds................................... ... _..... 2.1 Delivery of certificates of insurance,,,,,,,,,,,,,,,,,,,,,,,,,, 23 Determinations for Unit Priceg 9.10 Differing Subsurface or Physical Conditions - Notice of ..... .........___ ................ ....... 4.23 ENGEgEER's Review, .................. _..... _........... 4.2.4 Possible Contract Documents Change 4,2.5 Possible Price and Times Adjushments........... ..4.2.6 Discrepancies -Reporting and Resolving ................................ 2. 5, 3.3.2, 6,14,2 Dispute Resolution - Agreement ............. .............. . ........ 16.1-16.6 Arbitration........ _............. _. _........... _.......16.1-16.5 general 16 Mediation....... _.......................... _..... _....... _... 16.6 Dispute Resolution Agreement,,,,,,,,,,,,,,_,,,,,_„ 1,6.1-16.6 Disputes, Decisions by ENGINEER 9,11-9,12 Documents -- Copiesof.,.. ........... .................._..................-__12 Record 6.19 Reuse of..__. ... _. ..........3.7 Drawings --definition o(,,,,,,,,,,,,, ,, ,,,,,,,,,,,„,„__,,,, I. 15 Easements ....... _.___._ _._....... _................ 4A Effective date of Agreement -- definition q(......... _„1, 16 Em ergenvies,,,,,,, ENGINEER -- as initial inhapicter on disputes ...... ,,_,,,,_9. 11-9,12 definition of 1-17 Limitations on authority and responsibihnes _ 9.13 Replacement of, ... ........... ............. ........__.,.._.,,_ 8.2 Resident Project Representative .......................... 93 ENGINEEI2's Consultant -- definition of ..................... L1S ENGINE'HR's-- authority and responsibility, limitations or79.13 Authorized Variations in the Work 9.5 Change Orders, responsibility for_.__.9.7, M 11, 12 Clarifications and Interpretations,.......... 3.6.3, 9A Decisions on Disputes,,,,_ 9.11-9.12 defective Work, notice of. .......... ....__..... .... 13.1 Evaluation of Substitute Items 6. 7.3 Liability ........ ............ ......._ 6.32, 9.12 Notice Work is Acceptable,,,,,,,,,,,, ,14.13 Observations. __...._......_._............... 6. 30.2, 9.2 O\V,MR's Representative,,,,,,,,,,,,,,,,,,,, ,,,,,9A Payments to the CONTRACTOR, Responsibility Cot.......... _........................ 9.9, 14 Recommendation of Payment,,,,, _,,,, -„..... 14.4, 14,13 Article or Paragraph Number 12esponsibilities-Limitations on, 9. 11-9.13 Review of Reports on Differing Subsurface and Physical Conditions,,,,,, _,_,,,,,_, 4.2.4 Shop Drawings and Samples, review responsibility .......... ......... _ ................. 6,26 Status During Construction -- authorized variations in the Work 9,5 Clarifications and Interpretations,,,,,,__„_„9.4 Decisions on Disputes,, 9.11-9.12 Determinations on Unit Price,,,,,,,,,,,9A0 ENGINEER as Initial Interpreter „„ 9.11-9.12 FMINEER's Responsibilities......,... _..... Limitations on ENGIM3EI2's Authority and Responsibilitieg 9,13 OWNEiR's Representative,,,, 9.1 Project Representative,,,, 9.3 Rejecting Defective Work 9.6 Shop Drawings, Change Orders and Payments......- ................ _._... ... 9.7-9.9 Visits to Site....._....._._ ............................... 92 Unit Price determinations_,,,,,,,,,,,,,,, ......,,_,,, 9AO Visits to Site ......................... _...__.............._.... 9.2 Written consent required ..................... ......... 7.2, 9.1 Equipment, Labor, Materials and,,,__,,,,_,,,,,,,_ 6.3-6.5 Equipment rental, Cost of the Work„ ......-... _. _.. 11.4.5.3 Equivalent Materials and Equipment ,,...................... .7 error or om issions„_........ _... _.. _.................. _.... _.6.33 Evidence of Financial Arrangements .................... 8.11 Explorations of physical conditions ,,...,.,.,.. 4.2.1 Fee, CONTRACTOR'S --Costs Plus,,,,,,,,,,,,,,,,,,,,,,,,,, 11.6 Field Order -- definition o[......._.......................... _................ 1.19 issued by ENGINEER ,,,,,_ 3.6.1, 9.5 Final Application for Payment,,, ............................ 14.12 Final Inspectiop... _... ..,........ _... 14,11 Final Payment -- and Acceptance_..._........_........._.......... 14.13-14,14 Prior to, for cash allowances 11,8 General Provisions .......................................... 173-17A General Requirements -- definitiono£... .................................................... 1.20 principal references to ............. 16, 6.4, 6.6-6.7, 6.24 Giving Notice ....... ... _,, .... ,. ,, 17.1 Guarantee of Work --by CONTRACTOR,,,,,,,. 6,30, 14, 12 Hazard Communication Programs .......................... 6.22 Hazardous Waste -- definition of .__. _...._... _........... _..1.21 general............... .......__........... ....... ....... ,......... f5 OWNE12's responsibilityfor,,,,,,,,,,,,,_,,,,,,_ 5.10 10CDC GEM>RAT, CONDrnONS 1910-8 (1990 FDR707O w/ CITY OF PORT COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 Indemnification ............ ...... ............ 6..12, 6.16, 6.31-6.33 Initially Acceptable Schedules_...... I ......................... 29 Inspection-- Certificates of ................_..._.......9.13A, 13.5, 14.12 Final............ .... ......._.... _.... _.........,........... 14A 1 Article or Paragraph Number Special, required byENGINEEI2_................. 9.6 'Pests and Approval._..._ ................... 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER ...............................5. )4 Additional, required by changes in the Work ............ _................_.......... . 11,4.5.9 Before starting the Work .................................._ 2.7 Bonds and --in general.. _................... ....... ....... ....5 Cancellation Provisions ....................................... 5.8 Certificates of ............... I....2.7, 5, 5.3, 5.4,11, 5.4.13, ....................... 5.6.5, 5.5, 5,14, 9.13A, 14.12 completed operations .......................... _.__...,,.5A.13 CONTRACTOR's Liability ................................. 5.4 CONTRACT OR's objection to coverage ............. 5.14 Contractual Liability .................... .................. 5,4.10 deductible amounts, CONTRACTOR's responsibility ............................. __...... _.......5.9 Final Application for Payment ......................... 14,12 Licensed Insurers ............ ._............... _.._......_.,,,,, 5.3 Notice requirements, material changes ..... _..5.5, 10.5 Option to Replace, ........................................... . 5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds ............... 5,12-5.13 OWNER's Liability, .................. ......... .............. 5.5 OWNER's Responsibility ................................... 2.5 Partial Utilization, Property Insurance ... ._......... 5.15 Property. .................... ... _ 5.6-5.10 Receipt and Application of Insurance Proceeds ........... ................................. 5.12-5.13 Special Insurance .............. _................. _..........5,10 Waiver of Rights.................................. ........... 5.11 Intent of Contract Documents ........................ 3.1-3.4 Interpretations and Clarifications .................... 3.6.3, 9.4 Investigations of physical conditions .......................... 4.2 Labor, Materials and Equipment ......................... 6.3-6.5 Lands -- and Easements ...................8A ................................ Availability of. ...... 4. 1, 8.4 Reports and Tests.._ ......................_................... 8.4 Laws and Regulations --Laws or Regulations-- Bonds Changes in the Work........................................10.4 Contract Documents..................._........._.........,.3A CONTRACTOR's Responsibilities....... _............6. 14 Correction Period, defective Work .................... 13.12 Cost of the Work, taxes .,.................... .. 11.4.5.4 definition oF..........._................___.................. 1.22 general6.14 Indemnification.,., ... .1.11. ......... ... 6,31-6,33 Insurance ............. _.. _....,.................... _.............5.3 Precedence ................ ...... ............_........... 3.1, 3.3.3 Reference to..,..._......._.......... _....._................ 3.3.1 Safety and Protection ..................... ........... 6,20, 13.2 Subcontractors, Suppliers and Others.....,..... 6.&6.11 Article or Paragraph Number Tests and Inspections._.._ ............................. 13.5 Use of Prent ises..... ....... _........ _..................... _. 6.16 Visits to Site _....... _.......... _...... _.. _........ _......... 9.2 Liability Insurance-- CONTRACTOR's.... .............._....................._.._ 5.4 OWNER'S... _.. _........................ _......... _.......... 5.5 Licensed Sureties and Insurers.,__ ..... ,._............. _.. 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Title........ ........... 14.3 Final Application for Payment .......... ,_............. 4.12 definition of..... _ ......................................... _...1.23 Waiver of Claims_ .................... _.................... 14.15 Limitations on ENGINEER'S authority and responsibilities... _....... _..................... _............ 9.13 Limited Reliance by CONTRACTOR Authorized.................................... _. _.. 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment,. - .................... 14.12 Manuals (of others)-- Precedence................................................... 3.3.3.1 Reference to in Contract Documents .................... 3.3.1 Materials and equipment -- furnished by CONTRACTOR.... ........... 6.3 not incorporated in Work ................................_ 14.2 Materials or equipment --equivalent ......................... 6.7 Mediation(Optional)........................... _.......,.........16.7 Milestones --definition of.,,,.__.. _.................._......, 1.24 Miscellaneous -- Computation of Times .............__... _.....,.,,,,.,..._ 17.2 Cumulative Remedies ... ....,,,.,____................. ,_ 17.4 Giving Notice ......... ..................... ...._....... ........17.1 Notice of Claim ..... _..... _................... _... _.........17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts........_..._................__............7 Not Shown or Indicated.,_ .................................. ,... 4 i2 Notice of -- Acceptability of Project;,,,.. _.................. _...._.... 14.13 Award, definition of.............................._.....,...,1.25 Claim.._ ....................._.._...................... _..... 17.3 Defects,13.1 Differing Subsurface or Physical Conditions...,.. 4.2.3 Giving._.._ ...................._.._.............._._.. _.... 1.7.1 Tests and Inspections.,,,.,._...,.,._,,,,,,,,,,,,,,,,,,,,,, 13.3 Variation, Shop Drawing and Sample, ... 6.27 Notice to Proceed -- definition of.. ........ .............. ...................__...... 1.26 givingof ........................ ............_..._....... ........... .3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION') iv/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 SECTION 00530 WORK ORDER NOTICE TO PROCEED To: Hydro Construction Company, Inc. Work Order Title: New Mercer & Larimer Cty #2 Gate Modifications— Phase II, Site Work 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 immediately upon receipt of this notice as required by the Agreement. Dated this day of The dates for Substantial Completion and Final Acceptance shall be and respectively. City of Fort Collins OWNER Jay Rose, Special Projects Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of Title Hydro Construction Company, Inc. 09/06/07rev Work Order Notice To Proceed 00530-Page Notification to Surety..,.__ ...................................... 10.5 testing, independent ............. ........... ................. 13A Observations, byENGINHER .... ................. _.... 6.30, 9.2 use or occupancy Occupancy of the Work.,,,..,,.,. 515, 6.30.2.4, 14, 10 of the Work ,.,,_.,,... _..,5,15, 6.30.2A, 14, 10 Omissions or acts by CONTRAC'r0 R,,,,,,,,,,,,, 69.913 written consent or approval Open Peril policy form, Insurance ............... 5.6.2 required,,..,. __......._.... ...... .....9,1, 6.3, I IA Option to Replace .... ..................... ................ Article or Paragraph Number "Or Equal" Items.._ .... ........................_...._6.7 Other work 7 Overtime Work --prohibition o[,.......... _ 63 OWNER_ Acceptance of defective Work .......................... 13.13 appointan ENGINE>Elt._, ,.,.,...5.2 as fiduciary-.. _ ................. _................... 5.12-5.13 Availability of L2nc5, responsibility,,,,,,,,,,,,,,,,,,,, 4.1 definition of 1.27 data, furnish ....................._............................... 5.3 May Correct Defective Work ___,__................ 1.3. 14 May refuse to make pa}mient.,__.,...__.............. 14.7 May Slop the Work,.,._......,._....... _........_...... 13.10 May Suspend Work, Terminate.,.. _,...,.._.,...,.,._ 5.8, 13.10, 15.1-15.4 Payment, stake prompt ...... ..........._. 8.3, 14A, 14.13 performance of other work_,,,,,,,,,,,,,,,,,,,,,,,,,,,_.,, 7,1 permits and licenses, requirements ...................6. 13 purchased insurance requirements. ............... 5.6-5.10 OWNEI2's-- Acceptance of the Work._.. _... _................_6.30.2.5 Change Orders, obligation to execute _.,. 8.6, 10A Communications 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9,11 Inspections, tests and approvals...................U, 13A Liability Insurancq.... _...................... _._ _...... _. 5.5 Notice of Defects ............................................... 13.1 Representative --During Construction, F„NGINEER's Status ...................................... 9A Responsibilities_ Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders........._._.....,__......................8.6 Changes in the Work,,,,,,,,,,,,,,,„,,,,,„__„„,...1U.1 communications ............................................ 8,1 CON] RACTORs responsibilities,,, ... ........... 9.9 evidence of financial arrangements,,,,,,,,,,, 8.11 inspections, tests and approvals..._._.,,,,,,,,_,. 8.7 insurance.,.., . ......................... h5 lands and easem ents, _.............. _................ 8.4 prompt payment by................... _.............. 8.3 replacement of ENGII4E7iR..........................8.2 reports and tests................... ............8.4 .......... stop or suspend Work .................. $8 8, 13.10, 15.1 terminate CONTR,AC'I'ORs services ............. ......._U, .................. 15.2 separate representative at site.,......,_,,,,,,,,,,,,,,,,, 93 EJCDC GENERAL CONDITIONS 1910-S (1990 r..DM 0,.a m/ CITY OF FORT COLLIE 1S MODIFICA"rIONS (REV 9/99) General Conditions 00700 Article or Paragraph Number written notice required ......................... 7.1, 9.4, 9.11, _..._ ........ 11.9, 14.7, 15.4 PCBs -- definition of ................................ 1,29 general................._..............,...,...._..........._.... 4.5 OWNER's responsibility for ................................ .10 Partial Utilization -- definition of._..........._ ..............._.................... 1.28 general 6.30.2.4, )4.10 Property Insurance. ............... _...................... .......................... 5.15 Patent Fees and Royalties.., _................. ..... ...........6,12 Payment Bonds. .............._............... _.. _.............5. 1-5.2 Payments, Recommendation of... ........... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ........ ........... 14.2 CONTRACTOR's Warranty of Title ................ 143 Final Application for Payment ..........................14.12 Firm 1Inspection.............................................. 14,11 Final Payment and Acceptance,....,,,,.,._, 14.13-14.14 general................... _................. . . _...._,8.3, 14 Partial Utilization ........................................ ,. 14.10 Reminage...... ...... .............. _._.._....._.,.. _... _.._ 14.2 Review of Applications for Progress Paym enls............. _ _.,,... 14.4-14.7 prompt payment..... _ _.............. _................ _.... _.8.3 Schedule of Values .............................. 14A Substantial Completion_ .........................._ 14.8-14,9 Waiver of Claims ........................................ 14.15 when payments due .................. ._........... 14.4, 14.13 withholding payment.,,,,,,_................................14.7 Performance Bonds., ... 5.1-5.2 Perm its ........................................................ ... 6.13 . Petroleum -- definition of ............................................. ,,,...,..1,30 general... .... _.,.......... _............ ...... ..........._........ 4,5 OWNER's responsibility for ............................... 8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review.........._ ...................... _.... 4.2.4 existing structures _...,.,.,,,,,._.,... 4.2.2 general4.2.1.2................... _. _........................ . ......... Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Change...,_,,,,.,... 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2.6 Reports and Drawings ............... ...................... .2.1 Subsurface and....................................................4.2 Subsurface Conditions ......................... _.4.211.1 Technical Data, Limited Reliance by CONTRACTOR Authorized, ..... ......... 4.2,2 Underground Facilities -- general........................................... ............. 4.3 Not Shown or Indicted,., _......................... 4.3.2 Protection of ......... ................................ 4.3, 6.20 sit Article or Paragraph Number Shown or Indicated,.,_,.,.._.._ .......................___..., 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference_.__ ... ,_... ,_„ ..................2.8 Preliminary Matters ........__...................... ................ _2 . Preliminary Schedules.,..... ............................. ... _......., 2.6 Premises, Use of ............... _.................... _...... 6.16-6.18 Nice, Change of Contract,,, 11 Price, Contract --definition o.£................................... 1.11 Progress Payment, Applications for_ ................. ...... 14.2 Progress Payment--retainage................. _..........,..... 14,2 Progress schedule, COAITRACTOR's............ 2.6, 2.8, 29, .............._..._... _...,... 6.6, 6.29, 10A, 15.2.1 Project --definition of _. _........................... _..........,.. 131 Project Representative— ENGINEERS Status During Construction._...,..., 9.3 Project Representative, Resident --definition of......,,,. 1.33 promptpayment by OWNER .... .................... I....... _.., 83 Property Insurance -- Additional............._........_..................._...........5.7 genera15.6-5. 10 Partial Utilization,........ _....__. _._......, 5.15, 14.10.2 receipt and application of proceeds...,,,..,,,, 5.12-5.13 Protection, Safety and,,,,,,,,,,,,,,,,,,,,,,,,_,._ 6.20-6.21, 13.2 Punch list.....at..__............................_................. 1.4,11 Radioactive Merial-- defintion of ................_.................... _.............. 1.32 genera14.5 OWNER's responsibility for..._ ........ ................. 8.10 Recommendation of Payment ................. 14.4, 14.5, 14,13 Record Documents ....................... ................ 6,19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ...................................................... 4.4 Reference to Standards and Specifications of Technical Societies..............„.,.,.,,.....,_,,,_.,..,33 Regulations, Laws and(or). ................ ...... 6,14 Rejecting Defective Work . ...... ............... ._................. 9.6 Related Work-- atSite..._.................___. _................._...... T I-73 Performed prior to Shop Drawings and Samples submittals review.... ................ 6,28 Remedies, cumulative _.,.. _..__...._..,._,17.4, IT5 Removal or Correction ofDefective Work 13.11 rental agreements, OWNER approval required...11,4.5.3 replacement of ENGINFER, by OWN17R........, _,,...... _ 8.2 Reporting and Resolving Discrepancies ................................ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings ..................................... ......... 4.2.1 and Tests, OWNER's responsibility_ ................... 8.4 Resident and Project Representative_ definition of ............._................................__. 1,33 provision for ................. .............. .......... .................... .3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 Article or Paragraph Number Resident Superintendent, CONCRAC'fOR'g............. _.6.2 Responsibilities-- CONTRACTOR's-in general...... _... _. _... _..........._ 6 ENGINI3ER's-in general..., Limitations on ................................._.......... 9.13 OWNER's-in general_.._ ..............................._ 8 Reuse of Documents 3.7 Review, by CONTRACTOR: Shop Drawings and Samples PI"ua to Sabin ittal,,,,,,,,,,,,,,,, Review of Applications for Progress Payments. _.. _.... _... _..... _............14.4-14.7 Right to an adjustment„_ ......... ......... Rights of Way ..... ..................... _.......... 4.1 Royalties, Patent Pees and ,_,......., _... _...,.,. 6,12 Safe Structural Loading...,.,,,,,__,.,.,,.._, Safely -- and Protection 4.3.2, 6,10, 6,18, ..... _......... T2, 13.2 general....._.. ... _.._..._ ......_..... 6.20-6.23 Representative, CONTRACTOR's__,.-..... ....... Samples -- definition of. - .................. _... _....... ..............,L34 general . _... _.................... _........ ....... _.. 6.24-6.28 Review by CONTRACTOR .,,,.. _.., _. _..... _........ 6.25 Review by ENGINEE R,,,,,,,,,,,,,,,,,,_,,.,....,.6.26, 6,27 related Work ...................................................... 6,28 submittal of ..................................................... 6,24,2 submittal procedures.. ... _..............................6.25 Schedule of progress ............................. 2.6, 2.8-2.9, 6.6, ......... ..._. .._6,29, 10A, 15.2.1 Schedule of Shop Drawing and Sample Submittals 26, 2.8-2.9, 6.24-6.28 Schedule of Values...... _.................. ..,. 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to ................................................... 15.2.1 Adjusting..._..................................................... 6.6 Change of Contract '1'imeg,.,.,.,,,._,,,,,,,,,,,,,, _,_._ 10A Initially Acceptable__ .................................. 2.8, 2,9 Preliminary.. _..... _................ _............ ..,.... ,....... 2.6 Scope of Changes ..... .......... ....................._.10.3-10.4 Shop Drawings -- and Samples, general._...._ ....................... 6,24-628 Change Orders & Applications for Payments, and... _................ _................9.7-9.9 definition of.... ........ _..... _... ................... _.,L35 ENGINELR's approval of . .... ....... ....... __,_3.6.2 ENGINIL'R's responsibility for review ................. _...... ......... _. 9.7, 6.24-6, 28 related Work.,....,...., _..__........ _.....___.,._.,__ 6.28 review procedure................................ 2.8, 6.24-6,28 ric Article or Paragraph Number submittal required. _...................... ...................... 6.24.1 Submittal Procedures,,. use to approve substitutions ........... ................._ 6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access ............... ............ _. . ............... J.2, 13.2 Site Clleanliness....__...__.__........_................._.... 6. 17 Site, Visits to-- byENGINEER,,,, __ . ........ .....,,.,._92, 13.2 byothers...... _...,................................ ..............13.2 "special causes of loss" policy brill, inset ana:....._........................__._..................5,6.2 definition of ..............._... _.... .... 1.36 Specifications-- defination of _..... ................ _.. _, _......... _.,1.36 of Technical Societies, reference to.................. 3.3.1 pi ecedence.. _.. _.............. _..,.. . _ _ _. 3.3.3 Standards and Specifications of Technical Societies 3.3 Starting Construction, Before.,,..,,., .,.„,..,,,,„ 2.5-2.8 Starting the Work ,.,.,. ,...,.,..,.. 2.4 Stop or Suspend Work-- byCONrfRACFOIL.__..,._.... by OWNER.._............_................_5.8, 13,10, 15.1 Storage of materials and equipment,,,,,,,,,,,,,,,,,,,,, 4.1, 7.2 Structural Loading, Safety ........... Subcontractor -- Concerning,.... _... _... _..._..........................6.8-6.11 definition of 1.37 delays........................... ... ... ...... ............ .... ...,12.3 waiver of rights ..... ,................ ......................... 6.11 Subcontractors --in general ,,,,........ ,__,,........ .... 6.8-6.11 Subcontracts --required provisions,,,,.,_.$ 11, 0.11, 11.4.3 Subm ittals-- Applications for Payment ....................... ..... _ 14.2 Maintenance and Operation Manuals.... .......... 14,12 Procedures (.25 Progress Schedules ........................ ......... _..2.6, 2.9 Samples......... _......,... ........... _.. _................ 6,24-6, 28 Schedule of Values .................................... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ................._....... _........,, 2.6, 2.8-2.9 Shop Drawings ................................._..... 6.24-6.28 Substantial Completion-- certi.6cation of6..30.2.3, 14.8-14.9 definition of ........................._.......__._.. _.....-.1.38 Substitute Construction Methods or PI"ocedures_,,,,,.6.Z2 Substitutes and "Or Equal" Items,, .,.._.,.._... 6.7 CONTRACTOR's Expense,,,,,,, ,_.,,6.7.13 E,NGINEER's Evaluation ...,..... ,.,,,.. 1 6.7.3 "Or -Equal" ........................ --.......---.......... 67.1.1 Substitute Construction Methods 6JCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICA"FINS (REV 9/99) General Conditions 00700 Article or Paragraph Number orProcedures ............................................. 6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatilg to ..... .................... .2.1.2 ENGINEER'S Review ....................................... 42.4 general ............... ....... _......4.2 Limited Reliance by CONTRACTOR Authorized ................................................ 4.2.2 Notice of Differing Subsurface or Physical Conditions .................... ..................... 4.23 Physical Conditions,.... .................................. .2.L2 Possible Contract Documents Change....,,,,,,.. 42.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Drawings .. ...................... ......... .... 4.2.1 Subsurface and ..............................._.................. 4.2 Subsurface Conditions at the Site ..................... 42.1.1 Technical Data ................................................. 4.2.2 Supervision-- CONTRACTOR's responsibility .............. ................. OWNER shall not supervise......,,,., _.. _............. 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence .............................................. _...... 6.2 Superintendent, CONTRAC'TORs resident ................ 6.2 Supplemental costs..._ ....... ................ .............._.. 11.4.5 Supplementary Conditions-- definition of ....................__...................__...1.39 principal references to ................. 1. 10, 1.18, 2.2, 2.7, ....................... 4.2, 4.3, 5A, 5.3, 5.4, 5,6-5.9, ......._..5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents,... .... ....... 3.6 Supplier -- definition of......_._........._ ............................ ._ 1.40 principal references to ..........17, 6.5, 6.8-6.11, 6,20, ... I.... I ... ._.....624, 9.13, 14.12 Waiver of Rights ............ ...,... _.. _................... _.6.11 Surety -- consent to final payment ........................ 14.12, 14.14 ENGINEER has no duty to ................................ 9,13 Notification of,,,__..._,_ ......... 10.1, 10.5, 15.2 qualification of..,..._..................................... 5.1-5.3 Survival of Obligations _ ............................. 6.34 Suspend Work, OWNER May,_,,,,,,,,,,,,,,,,,,,, 13,10, 15A Suspension of Work and Termination-,,,,..„.._......,,,15 CONTRACTOR May Stop Work or Terminate ................ _..................... _... _. 15.5 OWNER May Suspend Work... _............... _... _ 15.1 OWNER May Terminate,,,, _................ .............. Taxes --Payment by CONTRACTOR ................ _. _. _ 6,15 Technical Date - Limited Reliance byCONTRACTOR ................. 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions...................................4.2.3 xi, Temporary construction facilities_,...,.__...,,,,_.,_,.._ 4.1 Article or Paragraph Number Termination - by CONTRACTOR .... _.... _............. .......... _............ 15.5 by OWNER ...................._....... .......... s.8, 15.1-15.4 of ENGINEER's employment .......................... ._.8.2 Suspension of Work-in general ............................ 15 Terms and Adjectives,.,,, _,..,.. 3.4 Tests and Inspections -- Access to the Work, by others ..................... ,.... , 13.2 CONTRACTORS responsibilities-- ................. 13.5 cost of 13.4 covering Work prior to ............ .............._..13.6-13.7 Laws and Regulations (or) ....................... I........ 13.5 Notice of Defects.......... _.......................... _.......13.1 OWNER May Stop Work ................................. 13.10 O WNER's independent testing,,,,,,,,,,,, ......... 13A special, required by ENGINEER ..................... 9.6 timely notice required .............. 13.4 Uncovering the Work, at ENGINEER'S request ............................... -- _............13.8-13, 9 Times -- Adjusting................ ................................ ........... .6 Change of Contract.............................................12 Computation of ............................................17.2 Contract Times --definition of ........................... 1.12 day........ .......................... ....................... 17.2.2 Milestones............... _... _............................. _.....12 Requirements -- appeals..... ................................ .........,..9.30, 16 clarifications, claims and disputes .... 9.11, 11.2, 12 Commencement of Contract 'Times .................. 2.3 Preconslruction Conference'..___ ..... ....... _ 1,.,12.8 schedules,,,,,, - 26, 2.9, 6.6 Starting the Work....__ ................................. 2.4 Title, Warranty of ..................._._...._............ _..._.. 14.3 Uncovering Work .................._........................ 13.8-13.9 Underground Facilities, Physical Conditions -- definition of ...............................................__. 1,41 Not Shown a Indicated ........................._,,,,,,,, 4.3.2 protection of ................ .............._......_...... 4.3, 6.20 Shown or Indicated_ ........ ............... 4.3.1 Unit Price Work -- claims..........._.._._ ................. _................., 1,1.9.3 definition of......_...._ ................................ ,.,_ L42 generall l.9, 14.1, 14.5 Unit Prices-- gencral l 1.3.1 Determination for .......................... .................. 9.10 Use of premises, ....................... ....... 6.16, 6.18, 6.30.2.4 Utility owners ............................ 6.13, 6,20, 7.1-7.3, 132 Utilization, Partial ................... 1.28, 5,15, 6,30.2.4, 14, 10 Value of the AVork...... ._.......................................... 11.3 Values, Schedule of_ ......................_... 2.6, 2.8-2.9, 14.1 E7CDC GENTRAL CONDITIONS 1910.5 (1990 EDITION) w/ CITY OF PORT COLLINS MODIFICATIONS (RRV 9/99) General Conditions 00700 .'i (Phis page left blank intentionally) HJCDC OHM3RA7, CONDITIONS 1910-8 (1990 EDITION) W CITY OF FOICI COLLINS MODIFICATIONS (REV 9/99) General Conditions 00700 GENERAL CONDITIONS ARTICLE 1--I)EL'EMTIONS Wherever used in these General Conditions or in the other Contract Documents the following tens have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written ce graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agmement--The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof asprovicled therein. 1.3. Application for Payment --The form accepted by E1,1GINEEI2 which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.T Bidding Requirements --The advertisement of invitation to Bid, instructions to bidders, and the Bid form. L& Bonds--Perforniance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1,10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any Post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDMONTS 1910.8 (1990 E(Ntion) w/ 0TY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER'.s written interpretations and clarifications issued pursuant to paragaphs3.5, 3.6A and 3.6.3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and doiwings referred to in paragraphs 4.2.1 and 4 2.2 are not Contract Documents, 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1,12, Contract Times --The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (n) to complete the Work so that it is ready for final payment as evidenced by ENGINEERs written recommendation of final payment in accordance with paragraph 14,13. 1,13, CONMACTOR--The person, fine or corporation with whom OWNER has entered into the Agreement. 1.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 m 14,10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and Performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Iiective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. IAT EA+GMEER—The person, firm or corporation named as such in the Agreement. 1.18. F-NGINEFR's Consultant --A person, fin or corporation having a contract with ENGINEER to furnish services as EArGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 1.19, Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. General Conditions 00700 1,20, General Requiremenis—Sections of Division 1 of the Specifications. 1,21. Hazardous 6Vasle—The tear Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from timetotinne. 1.22.a. Laws and Regtdations; Latvs or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts havingjurisdiction. 1.22b. Lezal Holidays shall_be those holidays observed by the City Yort Collins. 1,23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofrlmard--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the tune specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRAC"rOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. 014WER--The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1,28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Matenal -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of LJMC GENERA], CONDITIONS 19I0-3 (1990 P-ditia) w/ CITY OP PORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 or seq.) as amended from time to time. 1 32,b,_Reg{¢ar_Worla'ne hours RF gng h ular workiours are <IeCmetl as 700am to 6�OOiau unless otherwise si)ecitiedin the General Requlrentents_ 1.33. Resident Project Representative -=The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of sonic portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1,36. Speciiicaiions—'chose portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subconbaclon.-An individual, fan or cogwration laving a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 1.38. Subsiantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of 1NGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINHER's written recommendation of final payment in accordance with paragraph 14.13. The lens "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --Alp pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or General Conditions 00700 materials: electricity, gases, steam, liquid petroleum products, telephone or other contnlunieations, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Illork--Work to be paid for on the basis of unit prices. 1,43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. H'ork Charge Directive --A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision In the Work, ce responding to differing or unforeseen physical conditions under which the Work is to be perfornted as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Oyler following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tunes as provided in paragraph 10.2, 1.45. IY ilten Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery, of Bonds: 2.1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDoeumeutr. 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work, Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed. 2.3. The Contract 'Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, LJCDC GENERAL CONDITIONS 1910-8 (1990 Edi W) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement.---I-no-ev:,> .;71-Iko--ComGRx--Times corumenco-to-ran4atw-then-the-sirtieth-day-afteHlte-clay of$id�perting tsr-tketliiriieth-daq-after the-Iiffcetive-Date of-the�4greeaaent:,�Hiehever-date-isear}ier, Starling the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to run, but no Work shell he done at the site prior to the date on which the Contract Times commence to run. Before Stalling Construction: 2 5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PNGiNEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten clays after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6A. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a prelininary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 262 1. In no case ,mill__ a schedule he acceptable which allows less than 21 calendar des for each revielt' by Eneineer, 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 27. Before any Work at the site is started, CONTRACTOR and -OWNER shall each deliver to the other OWNER, with copies to e<�eh-addilione6-insured identified-i+rthe Su{>plememary-C nditions BNGRMLR, General Conditions 00700 certificates of insurance (and other evidence of insurance which either may reasonably --request requested by OWNER) which CONTRACTOR respeeuvely-ere is required to purchase and maintain in accordance with paragraphs 5.4, 3:6-and -5.7, Aeeonahmetion Conference: 2,& Within twenty days after the Contract Times start to tun, but before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties is to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Seleedules: 2.9. Unless otherwise provided in the Contract Documents, at -least ten days -before Sudan i5sion -of the finat Apphcatienter-4 yunem before any work at the site begin , a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to EN((31NE,ER as provided below the schedules submitted in accordance with pamgmph2.6. and Division 1, - General Requirements. CONTRAC'POR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. 'The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Torres, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRAC'TOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to ENGINEER as to fomn and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT AMENDING, REUSE Intent 3f The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EICDC GGNERAI, CONDITIONS 1910-8 (1990 Edition) w/ CITY OF PORT COLLINS MODIFICATIONS (RGV 42000) describe a functionally complete Project (or pail thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to Produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4, 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies 3.3-1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effectat the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically slated in the Contract Documents. 33.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Conauct Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragmph3.5 or 3.6; provided, however, that. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 33.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or General Conditions 00700 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Iaw or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR ce ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGTTEER's Consultants, agents or employees any duty or authority to supervise or direct the famishing or performance of the Workor any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract. Documents. 3A. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or airport are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requaentent, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such tens or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Antending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EXEC GENERAL CONDITIONS 1910-8(1990Edition) cd CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive tpwrsuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and tumor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6A. A Field Order (pursuant to paragraph 95), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample tjwrsuant to paragraphs 6.26 and 6.27), or 3.6.3. E:NGINEERk written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Doeurnenis: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect cwntract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereoo prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SU73SURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvailabiHhp of Lan&. 4]. ORT]ER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rightsof-way and easements for access thereto, and such other lands which are designated for the use ofCONI'RACTOR. Uponreesoneblwwr-iuen�equesE IIugdER-shall-€tarnish-GON3-1�AC'f{3R-with-e-esaeet OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work, Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents, If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any zdjusu icium in the Contract Price or the Contract Times as a result of any delay in OWNER'S furnishing these lands, rights -of - way or easenents, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. General Conditions 00700 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 09/06/07rev CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsrafaeeand Physical Conditions.' 4.2f Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1, Subsurface Conditions. ']'hose reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4,11.2, Phy7ical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2, Limited Reliance by CON77dC701? Authorized,, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical clam" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.22.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.223. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of D?[fering Subsurface or Physical Conditions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1, is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2, is of such a nature as to require a change in the Contract Documents, or 4.233, differs materially fn'om that shown or EJCDC GGNFRA]. CONDITIONS 1910.8 (1990 Edidul) w/ CITY OF PORT COLI,INS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4.2.3A. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogra &d as inherent in work of the character provided for in the Contract Docum eats; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENCIN3 R in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written orderto do so. 4.2.4. FNGINF.FRs Review ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINFER's findings and conclusions. 42.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjuslnrents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CON RACTOR's cost of, ce time required for performance of, the Work; subject, however, to the following: 4.26.1. such condition must meet any one or more of the categories described in Paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2, a change in the Contract Documents pwsuant to paragraph 4,2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.63, with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.10 and 119; and 4.2.6.4. CONTRACTOR shalt not be entitled to any adjustment in the Contract Price or Times if, 4.26.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNI:iR in respect of Connaet Price and Contract Tires by the General Conditions 00700 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.42 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidchng Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commituent; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be trade therefor as provided in Articles I I and 12. However, OWNER, ENGINEER end ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses of damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. PhYsical Conditions --Underground Facilities: 4.3,1. Shown or Indicated: The information end data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data, (n) locating all Underground Facilities shown or indicated in the Contract Docuntents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shor»r or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby of performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDMONS 1910-8 (1990 Edilioa) m/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR. shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20, CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Docwments and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CON'TRACTOI2 are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a clout therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4A. OWNER shall provide engineering surveys to establish reference points for construction which in EINGINBER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is post or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Wane or Radioaeline Material: 4.5.1. OWNER shah be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. General Conditions 00700 433-CE)NT=RAO-T-0I�shtdF+nrntediatel}=-(t)-stolrel! Work�nsonnestion-with-such hrzardous-condition-and inanyarea -alTectecl-thereby (except -it- enwrgency as-required---hy--paragta)h6-23),--- and -�+}naufy OWNER-and-FNFINJIHR--(and-ihucafter-cor iHn such --notice in-wrttmg)—(AVN[iR-shaf-promptly consuk-a4th+,'NGINEER concerning -the -necessity -for OWNER-iosuch fs mrdouscondition<x-take-cerfeetive-aetien,-i{any- CONT-R,kGTk{ R-shall- not -he-required3o-resume-LUoriC in-connection-wilhimih-hazardous condition-0r-m any such -affected -area -until --after- OWNER -has -obtained any r uired-permits-related-0ierelo-and-deliverec-t-to C.ON= IW—ITOR-speual-writtenTrotice:--(i)-speci-fying that such condition and anyaffected area is or has twen Tendered safe -Cor-ihe-resumption--e"Vork;.-or (i+)specaf}tingny�peoialndtidons-under�vhiciasush Work--may-be-Tesutried sally--If-OWNER-and COA4=RACTOR-cannot-agree-as4o nitiilenent-to-er the -amount or extent of ri,-adjustatera-i£-any--in Conkset-Psieear--ConttactTimesas-a- result -of rweh Work -stoppageorsueh-special-conditions ncler-which Work-is-agreedby-CON£i2Aa?OR-io-be-Tesumec-1, either parry-may-makkcLa claun therafor-rasj rovided-in Artieles-l-1and -12- 43,24f after -receipt -of uoh special-writtevr-notice CONTRACTOR -does hot -agree -to-na uric -such -work lasses[-un-a-reasonable-belief-iE-is-unsafe, -or-does-not agree to-resumeueh- Work under -such -special utnditiorss-, then -OWNER such -portions€ the vith-such-haaardons eon(hhon-or--in-suteh-allectedareitto-be-deleted-f:om dae-Work. If OWNEAZt ind--CONTRACTOR ommot entftlemen6to or-the-mnount or-extenta€an Adjustment, if any, irr enure Rice or Conteaet Pimes as a result -of -deleting such-portionaf the Work,, then either -party -Easy-seekw-elaint-therefer-asprewdod�n Articlesand-I2--OWNTF'R-stay-hav . ch-deleted Portion of the Work -per -forted by-O\I4 PRis-own forcesorethers-in-accordance-with-Article 7- 4 5.4.--To-the4u4Iest-extent-pemtilted-hy-4;aws-arts[ Reguletio»--OWNER�Ht>I!-indoimti{'y-aud-held har<mess---CF)A=Lr12fl6F012Sub -onttaciors; P;NGfM,.'F 2,---ENGiNEER's--Consultants-and--lMe officers, ---direotoDmployees,--agantr,- -other consultants - and- -subcontractors-e€-each--and -an"f Darya-negNgeneo: 4-55 -The -provisions-o€13amgraphs42 and-43-art not intended -to -apply to -Asbestos, PCBs, -Petroleum, l-lanrdo `�.'� � r-4ZRdioactive-M, i fia4-uncovered or -revealed rit the Site,. EJCDC GENERAL CONDITIONS 1910.9 (1990 Edition tv/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5--130NDS AND INSURANCE Performance, Payment and other Boncls: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes clue, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Doctunents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Comryanics Holding Certificates of Authority is Acceptable Sureties on Federal Boncls and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Govermnent Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2, if the surety on any Bond furnished by CONTRACTOR is declare([ it bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5,1, CONTRACTOR shall within ten (lays thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licenser! Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNEN or CONTRACTOR shall be obtained flour surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications os may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4, OWNrE12--shall dohver-to-CONTRA444-)R-with-copies--to- each additionalinsureel-idenl3€ed--in the-Suppkmevsiary Conditions,,certihomes-of-insurance (araf_olher evidence-ofinsuranee-requested-hy-CONTRACTOR or -any -other additional-iruured)- which -OWNER -is required -to-purch asonnd-maintain-inaccor<lanc-e-with paragraphs-5-.6 and -5.7-hereof. General Conditions 00700 CONS IL{CTOR's LiaGilitj, Itrsvrat ee: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be perfomled or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. clauns under workers' compensation, disability benefits and other similar employee benefit acts; 5.42 claims for damages because of bodily injury, occupational sickness 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 CONTRACTOR's employees; -5 44-claims--fer-damages-insured--by-customoi��. personaltinjury-liabi{ity-coverage-which-ace-sustauiec� (-t)-by-any�erson-as-e-result oaf-anoffense-direct{Y-or andieect{y-re{eted4o-t{te-etmfsloymant�C-sesltparson-by CON4=R-AGT-0� i,4n)-by-imy-other--person--for-mey other -reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to of destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.& clauns for damages because of bodily injury a' death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5A.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINF13R's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8, include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; Y.JCDC GENERAL CONDITIONS 1910.8 (1990 Edition) ,o aTY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6,33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnishes] by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all limes thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OI{'NER's Liability Insurance: 5.5, In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 3-Ci:---t-finless-otherutise-prov4ded-in-tke�upplementary� C�ndi{tens-{OWNER-shalN-purduse-and-tmaintain prelxety-insuraneej�he-Wer{c-a{ihesite-inthe -amount `�-a,=,--""i,.asemcv3t-cost-tkoreo!-(subjeck-to--such deductiblein-the Suppk�rnev3tary-C-ott<{itiens-or-required--by-{,aws-and Regulations)_ 1'-his-insunrncoshall= 5:6-{--include—Nre--intere;r-> GC4-at-TRACT--OR, Su4xamtmota'5,--1-',NGINEER, ENGINEER'S-C-Gansu{ta nts-end-an}wther- persons -or entities-identitieel-in-the�upplunentar�-Genditiens; eaehbf whom is ;assurable -interest endsha{I'�^��^. -sun-insuredor-addit3eno{-insured: 5:6-2.--be-wri{ten-en-a-Builder's-R-isk vel{-risk'=or open writ-or-spo�: ;roof-loss-policy-fonn�hai shallat damage -to-theAV,er4r 4etmpoiary raldings; fa3sewor{C nnd-Werlr3n-transit-and-shy{I-insure-egeiestaNeast the-fol{erwng--per+ls=lire;--lightning ended General Conditions 00700 coverage, theft, vandalism and malicious mischief, ea+th<juake;-collapso--cabins-romoval-condition oceastoned-by enforcement of Laws -and Regultnions; water--dafliage, and-sueli--other-pails-as-maybe sjiesifisallyset)aiwci13y4he�uppkuriEnkar-y-Conditions; 5{. 3-. nelude expenses i cuff dtin-the-repair--or replacement-ofany -insured -property{including-buti t limited to--lees--mad-charges of engineeas-and arehueets), .S 6:4 --cover-materials-and-equipment stored at the site or -at imothet location -that was�greei to-mivriking-by OWNLR-prior-to-boing-incorporated -in- the --\Mork-; provided -thin, -sncbninat+eriads-trmdeduipnn®nt-have been included -in -an -Application for Payment recommended by43NGINEW2; uncl 5.6.5-43 umnbuned4n-EtiiCc{-aide-feral- payment -is made unless -otherwise -agreed to in writing -by OWNER,-(A)M42-AGFOR---and l N INEM, with ikiFty-clay=s'-writ{en.�ietice-te-uaoh-oNiu-a<klitieaal insured- to-whorn-a-eerti€ieate-of -insurance-has-been issued S S, All -the -policies o€insurance(and thecertificates other-evidence--therecnl)•-rayuired-to--bw-purchased --and maintained by OWNER in accordance -with paragraphs5,6 ands-7-utiN-doer[ain�-provisioner-endersernent-fHat-the coverage affordedwillnot-be--cancelled or materially cHangocl-or-ranouvrl-roLasod-until-ak-Iaost-thirty-daysysrior written- notiee-hes--been--given -to--OWNER and 60ArFRAGTOR-and-touch-other-additionaltinsured-ta whom-terrific-..ateof insuranc�4nas-bee n-issued-and- will contain-- weiver provisions in -accordance-wath patag aphid-h: 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the -Work to-the�exlenl of -any -deductible -amounts -that -ere Identified in the -Supplementary- Conditions :----The -risk -of less v.;�',,:,- s..E",-idonti€iedKlodusFibW-rmrouriF,�vill-HEkeme 133,-CONTRACTOR, Subeontractoror-others-suffering-any such-loss-aAcl-many-oG-tlaom-wisFrL�.s-propLviy-insurance coverage -within -the -1mute-ef such -amounts -each -may purcHeseauiA-mairnt-'- "e-puwhasor's-owi3 expense. 3-1A-3t=CON-ITZ-AGFGR-requests m w.;ting- that -other SpEfrial-nititNaflEe-be-tAEiadEd-3n-tliE-pFdpwly-ifltilirarlEl' poheies-pe ovided-underyaarageaephs-S:G-or�.7;-QFV{3E�R shall; -if - possible; -include-such--insurance,--and-the-cost ihwP,of-Wi}I-be-bHatgEdt0-C-019-TRAEI-Oi%by=-appE(iynFhlld Change- Order or Written-Amencinent Prior -to EJCDCGENERAL CONDITIONS 1910 8(1990Editiw) to w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4id000) c�Amnencerinent of-thE�Nork at-Ehesii�0\NAtR7Z-shall-in writing-aAv-ice GOPFTIkAC?=Ol�whetheroF-act-such-otMor insutnneE-Mrs-Been-procured byOWNL^;R: 5,1-1-:1--01LiN33iF-and-CE3AHaWA +OR-imendihat-all poliit". mchawd-in-accodance-with-paragraphs-5.6 and5..7 will Protect OWNEA,-CONTRACTOP, Subeoniraetors�:NG3N1;�-;1 4 4(41M-W2's Consultants and -all -other Persons or entities identified intheSupplementary -C mdiions to be--listed-as insuralss r additional -insureds in such 1> lieies-and will -provide -prunary--coverago--for-all--losses--and damages causal -by- the -per-iis-covered-thereby.--Ali such -Policies shall contain provisions to the effect -that in the event -of the insurorsiv+llhave-Ae rig}ntsafrecovw-againstcrrr}�of the ---insureds--or--additional-insureds-Fkweundw: OWNER anti -CONTRACTOR-waive allrights against each -other -.- and- thry--respecuivc--officers; diiecterf-emipksyoes-aAd-agents--Con-all-losses-and damages caused -by, arising out -of or -resulting -from aAy-eC-th„-�:�..� wed-b}=-such-policiEs-and-any other property -insuranoeapplicable- to -the Work; and; in-addition—u=xiv<r--aN--suL�--;:igk[s-ageinsk Subcontractors, I N(r1NI;WZ, RNGINEER's GoAsukaAts-aAd-all-etheF-pwsdAs-or-entities-idEAtiCied in the Supplementary -Conditions -to -be listedas insaroelseredditloral-insurealsundw�uehry3dhciesfoF losses-and-damages-so-sauced-NaAL+oft ke-ahovc n...;.r-,T: ",all--tsd-to-the--rights--that-any-party making-such-avaanv=-nraq--Have-to-the-preeeeds-e€ insurance held by -OWNER -as -trustee -or -otherwise payable-under,any pmioy-so-issueci: 5:1-1-2--In--addition,- OWNER--waive;-ell--rights aa inst --CONTRACTOR, ---- -Subcontractors; Lf�GINI%f3I2--}iNF,llayi-}iR4s--Consulwn[s�nd-tHe officers, directors, -employees -and -agents -of -any -of deem of 5A 1-2-1:--loss due -to business interruption; -Inns ot�rsE-or-e[her-seasaquontial-4ess-oatonAing beyond direct -physical -doss- or -damage --to O WNl3R's-j3eapeFty-or-the-Work-caused-by arising out -of or-resulting-tiom-fire-or-other-peril; whedioreriieFiAsured-b ^"'yam, `�-"; �nA Any-insurance-ix>trey-rnainlained-by-9W1at&R-coveriAg any -loss, -carnage -OF consequential -loss -referred -to-in-this Paragraph 5 11- 2-shall-contain Pow isionstothe-efectthat in-tha-overt-of-payvncllt-of-any-such-loss; Aamage--c+r conseequential loss the insurers will have -no--rights--of General Conditions 00700 recovery-alaikst-aay-of-CONTR,6 Z-,-Subcontractors; ENC>dNl��]sli.-LNC�IPFEER's-Consultants-aad-the-o4}"ic�rs; directors;elnployeesand-agents-0Eery�oC-11rem- ReceiptandApplicatiou ofLnsurance Proeeedv: 5.12. Any insured loss under the policies of insurance requirecl by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5. 13. OWNER shall deposit ui a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other sl=ial agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amenchment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and-if-required-in-writing-by-any--party-in interest-OIALN1.I2 was-{due-Tory--shalt-give�oncl--kar-the proper-peffoaxanceof such -duties, Acceptance of Boni& and Insurance; Option to Replace: 5.14. If either -pacry -(O\ r33i2 .�^"^'II - CTOR) CRrblER has any objection to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the other --party, CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the ebjeeturg-party-shall-se-nWify-the-othery�arty OWNER will noufv CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (or-ethcu-0v-ideneo requested) to_OWNER as required by paragraph 2.7. OWIII 2 :md-GON.-T`PQ.C.Tnn-shall-each-prertide-io-the other- su ch-additienal-infonuation-in-respect-0C-insurance Partial Utilization -Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial E]CDC GENERAL CONDITIONS 1910.8 (1990 E(lilim) w/CITY OF PORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIIIILITIliS Supervision and Superintendence: 6.1, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perfonn the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract. Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONI'RACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Laboi} Materials and Lquipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all limes maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be perfomted during regular working hours and CONTRACTOR will not permit overture work of the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR she submit requests to the ENGINEER no less than 48 hours in advance of any \drork to be performed on Saturday, Sunday Holidays or outside the Reeular WorkingI3ours General Conditions 00700 6.4, Unless otherwise specified in the General contains or is followed by words reading that no like, Requirements, CONTRACTOR shall furbish and assume equivalent or "or -equal" item or no substitution is full responsibility for all materials, equipment, labor, permitted, other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be tools, appliances, fuel, power, light, heat, telephone, water, accepted by ENGINEER under the following sanitary facilities, teraponny facilities and all other circumstances: facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.7.1 1. "Or -Equal" If in E;NGINBER's sole discretion an item of material or equipment 6.4.1_Yurchasing Restrictionst_-_CONTRACTOR proposed by CONTRACTOR is functionally must comply with the City'. 1)urchasmg restrictions A equal to that named and sufficiently similar so that copy of the resolutions are available for review ui the no change in related Work will be required, it may offices of the _Purchasing and Risk Management be considered by ENGINEER as an "or -equal" Division or the City Clerk's office. item, in which case review and approval of the proposed item may, in ENGINEER's sole 64,2. Cmmen t Restrictions City of Fort Collins discretion, be accomplished without compliance Resolution 9l-121_requires thatsuppliers and producers with some or all of the requirements for of cement or products containing_ cement to certify that acceptance of proposed substitute items, the cement was not made in cement kihns that burn -- 6.7.1.2. Substitute Items: If in ENGINEER's sole h,4znrdous waste as Cuel 1 anent discretion an item of material or equipment proposed by CONTRACTOR does not qualify as 65. All materials and equipment shall be of goal an "or -equal" item under subparagraph 6.7.1.1, it quality and new, except as otherwise provided in the will be considered a proposed substitute item. Contract Documents All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Specifications shall expressly information as provided below to allow run to the benefit of OWNER If required by IENGINEER ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor. quality of materials and equipment. All materials and The procedure for review by the ENGINEER will equipment shall be applied, installed, connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with General Requirements and as ENGINEER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumstances. provided in the Contract Documents. Requests for review of proposed substitute items of material or equipmentwill not be accepted by Progress Schedule: ENGINEER from anyone other than CONTRACTOR. IC CONTRACTOR wishes to 6.6. CONTRACTOR shalt adhere to the progress furnish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment, CONTRACTOR shall first make may be adjusted from time to time as provided below: written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general design, be sunilar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Times (or same use as that specified. The application will hilestones). Such adjustments will conform generally state the extent, if any, to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTOR's achievement of Requirements applicable thereto. Substantial Completion on time, whether or not acceptance of the substitute for use in the Work 6,6.2. Proposed adjustments in the progress schedule will require a change in any of the Contract that will change the Contract Tinnes (or Milestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12, of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.7. Substitutes and "Or -Equal" Items: All variations of the proposed substitute from that specified will be identified in the application and 6.7,1. Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated. The application will using the none of a proprietary item or the name of a also contain an itemized estimate of all costs or particular Supplier, the specification or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such substitute, including costs of required. Unless the specification or description redesign and claims of other contractors affected EXA)CGENERN. COM)I'CIONS 1910-8 (1990Edllinr) 12 w ary OF PORTCOLTANS MODIFICATIONS(REV4R000) Genera( Conditions 00700 by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposer) substitute. 6.7.1.3. CONMACT'OR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substilide Construction Mednods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to detennine that the substitute proposed is equivalent to that expressly called for by the Contact Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2, 6.7.3. Engineer's Evaluation. ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing, OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record lane required by ENGINEER and ENGINFER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for tire charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcartraclaas, Suppliers and 06eers. 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER. as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not he required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. CONTRACTOR -shall j�orfonn_ notless than 20 percent of the Work with as own forces (hat is without subcontracting). I e 20_jxncent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent Of the Contract Price. 6.8.2. Biddinc Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER iR-adl�net-ef-the-speeiGed date prior to the Effective Date of the Agreement for acceptance by OWNER and ENTGTNF,ER,--and-if C-AAIT3ZAGpGR-has-submitted-a-list --thereof-in accordanse-with-1}re-Supl>lementarj�-Gonditiens„ OWNTER's or ENGINEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of ar+y-such-Subsa3[ractor,-Suppliewr-otkeFperson-or orgaHixatioR�s�deRtifie-rnay�e-revoked-on-the ba9is-of-r+aaseneble-ebjeetien ftor-due-(nvestigaiion, iH-w}ticgs-caso-C-0NT-RA^�T-c^'2-;hall-subrnii-.-an acceptable--substitute;-NTe-C-entraet--F>fiee- �a�i{{-be ecljusted-by�]3o--di£Corenee-in -the-east-occasieae-by such-Substitution-end-en-appropriaw-Chango-C�r<lor MYI{-bC-19Stled-0r�>•rritteR-AnieHdmeRt�igHCd: will constitute a condition of the Contract rerJut=imp the use o_f the named subcontractors, suppliers or other persons or orgaanizaation on the Work unlrior written apyxoval is obtained firmm OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6_9. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER. for all acts and omissions of the Subcontractors, Suppliers and other Persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNTER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to anv suhcrtractorr supplier or other \et rson or oreanjzajion evidence of amounts uaa_d to CONTRACI'012in accordance with CONTRACTOR'S "Applications for Pa Itv tent". MCDC GENERAL, CONDITIONS 1910-8 (1990 Edition) 13 w/ CITY OF FORT COLLINS MODIFICATIONS (R1iV 4/2000) General Conditions 00700 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations; performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organisations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR_ 6.10. 1'he divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 L All Work perforated for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically bumcls the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Wheneverary+-suet-ag�reeancnt. is with -a Subcontractor or Supplier who -ls-listed-as-an addiLienaltinsured-on-Nha-prc+per6y-insurance-providedtin paragraphs 56 or--5:7, -the --agreement --between ---the GONTR-AC7{-iR-and-Lke Sabean,_��,;applier-wi}I contain provisions whereby -the -Subcontractor or -Supplier waives - all --rights--agmtret--OWNB'R— G_'04IZ-A(YIAR; E},}%;diJ12{3R, FiNEid{il13k3R'S-(�eroakrllan4; irnd- all-Either eddikienel- insurecJs-far- 1 losses-and-damages;-e:wsed-by; arisirrg-etrt-ef or covered by such policies -and -any -otherproperty -insurance-applicable-R� the \r.4crk—]{hMe�nsurers-on-any-Such --policies --require separate -waiver -forms t©-besigned by any Subamt aetia ce Suppber, CONT=12AG4 O1Z-will-ebteinihe-same, Patent Teesand Z2oyalties: 6.12, CONTRACTOR shall pay all license fees and royalties end assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, posses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Docunmcnls. EC IDC(TNERALCOMDITIONS19108(1990Ediiieu t4 w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. 6, 14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear It][ claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'. obligations under paragraph 3.3.2. T(mes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar k1xes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable (luring the performance of the Work. 6 15 I_ OWNER is exempt from Colorado State and load sales and use taxes on materials to be permanently incorporated into theproject.Said-taxes shall not be included in the Contract Price. Address; Colorado Department of Revenue State_Ca1 i�al Fvmnex General Conditions 00700 1375 Sherman Street Deny_er. Colorado, 50261. Sales and Use Taxes for the State of Colorado Regional Transportation District {RTD) and certain Colorado counties -are collected_ by the State- of Colorado and are included in the Certification of Excr >t tian. ------.__ _.. All applicable Sales and Use Taxes including Slate collected taxes, on any items other than consnuction and building materials incorpxrraleci into the project are to be uaid CONTRACTOR and are to be included m approonate bid items Use ofPrentises: 6.16. CONTRACTOR shall come construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with constructor equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any cleun be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all clans, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor pemtit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it - Record Documents: ETCDC GENERAL CONDITIONS 1910.8 (1990 E fiflm) W CITY OF FORT COLLINS N40DIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all I hanges made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final m m� tent, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safely and Protection: 6,20. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, njury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or of the site; and 620.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, stmctures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erectand maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify, owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their properly. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furbish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety, and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 General Conditions 00700 00600 PERFORMANCE BOND Bond No.34BCSEZ2095 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Hydro Construction Company Inc. (Address) 301 East Lincoln Avenue, Fort Collins CO 80524 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal," and (Firm) Hartford Fire Insurance Company (Address) One Hartford Plaza, Hartford, CT 06155 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of sixty one Thousand Forty Three Dollars and 001100 ($61,043.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreement with the Owner, dated the 28th day of March , 2006, a copy of which is hereto attached and made a part hereof for the performance of City of New Mercer & Larimer County #2 Gate Modifications - Fort Collin Phase II, Site Work; Notice of Award Date: February 18, 2009 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Construction Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, Page I of 3 notice to OWNER and CONTRACTOR in accordance with paragraph 14,13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safely Representative: CON'TRAC'I'OR shall designate a qualified and experienced safety representative it the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safely precautions and programs Hazard Coin n tnication Programs: 6,22, CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard wnununication infommation required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. I ineigenciev. 6.23. In emergencies affecting tire safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction of authorization from OWNER or ENGINEER, is obligated to act to prevent threatened dansage, injury or loss. CONTRACTOR shalt give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER detennines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Slioplb-awitigsatid Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER tray require and in the number of copies specified in the General Requirements 'The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 626. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EICDC GENERAL CONDITIONS 1910-9 (1990 Edition) 16 WCITYOFFORT COLLINS MODIFICATIONS(REV42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25, 1.1. all field measurements, quantities, dissensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities m respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto, CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bee a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to he; in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review, and approval will be only to deternnine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicate by the Contract Documents. ENGINEER'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 proeeclure of General Conditions 00700 construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6,27, ENGINEER's review and approval of Shoji Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in of accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.25. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRICTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNTE,R, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.Lh abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6,30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in E1CDC GENERAL CONDITIONS 19105 (1990 Editioin m/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perfort the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.23L the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.24. use or occupancy of the Work or any partthereofby OWNER; 6.30.2,5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 630.2.7, any inspection, test or approval by others; or 6.30.2.& any correction of defective Work by OWNER. Indemnification: 6.31, To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indenmify, and hold harmless OWNER, ENGINEER, ENGINTE,ER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all cleans, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting Gom the performance of the Work, provided that any such claim, cost, loss or damage, (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prorerty (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or oigani'ralion directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any, of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 632. In any and all cleans against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 General Conditions 00700 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by of for CONTRACTOR or any such Subcontractor, Supplier of other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts 6,33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER;s Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by of given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement, ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own fames, or let other direct contracts therefor which shall contain General Conditions sunilar to these, or have other work performed by utility owns, If the fact that such other work is to he performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parlics are unable to agree as to the amount m extent thereof 7.2, CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shal I property connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable F.JCDC GF_NHRAL CONDITIONS 1910 8 (1990 EAltian is w/CM OF FORT COLLINSMODIFI CAI IONS(REV4R000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CON'FRACTOIZ's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ]iNGINEEI2 in writing any (lelays, defects or deficiencies in such other work that renter it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Clom dination: T4. If OWNER contract's with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.I, the person, fion or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2, the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provi(ed. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2, In case of termination of die employment of ENGINEER, OWNER shall appoint an engineer against ivhem-GOAt1=I2-AC=1=C makes -no reasonable objection; whose status under the Contract Documents shall be that of the former ENGINI.I.R 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 84, OWNER's duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to 01AINER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing General Conditions 00700 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8-5-----9 WNER3-responsibihties-in-reSpce[-of-purchasing and-rnPin{fl fining-liebiliiy-end-pr(y�insurance -Pro--sal fpith-trpPragtAphs33-thrOtgh3.-10: 8.6, OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8, In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. 'The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. P}Y",'R's-iespensibility-in-rasped-ef andisclosed Aslx stos;-4'CBs--Pen:o}cum,---I-lesTrdous ante---er I2ndioactive-NMaterials-aneovered-er-revea}ed-aHhesite-is Safi -forth -in j>artrgraph4-5.- $-1-3—iTand-iotheexienKlW ArEi2-has-agreed-to-furnish G0NT-RAC4 OR-reasonable--_evidence-that--financial Prrangornenls-hPva-beam--node-to�Pdsfy ^,�.,*,nR� ebHgaueas-order-tke�entrsel-Deeuaments,-OWi�FE�t=.; responsibility -9n-resp ect-thereo£jvill-be-as- set -forth-in-the Supplementary-C-enditions ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER'sRepresentative.- 9.1- ENGINEER will be OWNER's representative (luring the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress FJCDC OENERAL CONDITIONS 1910-5 (1990 Edition) m/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been trade and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained (luring such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward Providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINFER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits of observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfomrance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs9.3 and 9.13 tnd--in-the--Supplementary Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the-Suppkwremary-C-ondmions rat seraph 9.3 9.3.1. The Representative's dealings in matters pertaining to the cn -site work will _in,general be with the ENGINEER and CONTRACTOR. But the ttiesentative will _ keep the OWNB_R In.00e advised about such matters. The Representative's dealings with subcontractors will only be throu or with the full knowledge and _a}>y>roval of the CONTRACTOR. 9.3.2, Duties and Responsibilities. R,eplesentstive will: g 3.2_1_Schedules - Review the I ogress 19 General Conditions 00700 schedule and other schedules prepared by__thu CONTRACTOR and _consult with the I NOINE13,R concerning acceptability. 9.3.2.2. Conferences and, Meeting - Attend Attend meeting with _ the CONTRACTOR such as proconstruclion conferences, progress meetings and other job conferences and prepare and circulate copies of mnurte_s of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINL+ER'`3.. liaison with CON RACi'OR working cImax,l� through CONTRACTORS superintendent to assist the CONTRACTOR in unc(erstanding the Contract Documents. 9 3.2.3.2. Assist in ohtamtng from OWNER additional_ details or information when requued,_Cor proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiringa Shop_ Drawing or sampk.subnussion if the submission has not been approved by the ENGINEER, 9 3 2 4 Review of Work,Rejection of Defective VNork Inspections sad Tests - 9.3.2.4.1. Conduct on -site observations of the Work m progress toassret the I-,NGIN CER in,detemtinin egrI the. Work is )roceeding_in accordance with the Contract Documents. 3.2.4.3 Acconl at in_y visitinginspectors representing public or -other agencies having jurisdicRon over die Poo record the results of these inspectionsand,._repart to the ENGINEER. 9.3.29 Iatemretation o_fContract Documents _ Report to ENGINEER. when clanhcmtions and interpretations oC t_he Contract Documents ^ire neededenel_.trmlsnllto CONTRACTOR clarification and into xelation of the Contract Documents as issued by the bNGINEER. 9.3.2.6. Modifications Consider and evaluate C CON 112AC"T012'S suggestions for EJCUCGENERAL CONDITIONS 1910 8 (1990 Edition) 20 tv/ CITY OF PORT COLLINSMODIEICATIONS(REV42000) mochfication in D n val . or Specifications and jiort these recommendations to ENGIN) 11R. AwumLQ1, transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3 2 7 R ecords. 912.8. 9.1.2.8.1,Furnish ENGINEER t r> ;odic reports as required of the progress of the Work and of the CONTRACTOR'S compliance with the oro¢ress schedule and schedule of shop_ Drawing, and_. temple submittals. 93 2 8 2 _Consult with ENIGINLER_in advance of scheduling major tests inspections or start of important phases of the Work. 9 4 2 8 3 _ Draft proposed Chan e Orders and Work Directive Changes, obta_inning backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, \Norio Directive Changes and Field orders: 9328.4. Report immediately to I MINEER and OWNER the occurrence of any,iccident. 9.3 2 9 Payment Requests. Review --applications Can) rient with CONTRACTOR for co 1phimoo with the established procedure for their submission and _forward with reconunendation3o General Conditions 00700 ENGINEER_ notingparticulari Iy the relationshr_ of the uavnrent requested to the schedule of values work completed and materials and—Am)ment delivered a[ the site but not Inccq�orated in the Work. 93.2.10. Cotninlction 9.3.2.10.1._ BeforeENGINEER isssuesa Certificate of Substantial. ConspIletic-ri_submit to CONTRACTOR a list of observed items requiring correction or cornJr e ion. 9.3.2.10.2. Conduct final inspection in the company of the HNGINEER. OWNER and CONTRACTOR end prepare a -final list of items to be corrected or conroleted. 9.3.2.10.3— Observe that all items on the final list have been corrected or completed and make recornmri7ations_ to ENGINEER concerning acceptance 9.3.3. Limitation of Authority: The Representative shall not: 93_3.1. _ Authorize any deviations from the Contract Documents or accept any substitute materials or authorized by the ENGINEER. 9.3322._ Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake ay of the resjxmsibihties of the _. CONTRACTOR. Subcontractors or CONTRACTOR'S superintendent. 9..3.3.4. Advise on or issue directions relative to or a-�. ume control over any —aspect of the meinsmethod.s tec_hnigues, sequences ... or procedures for construction .less such is sueci, fi''cally called for in the Contract Documents 9.33A Advise on or issue directions re ag rding_ a_ assume control over safety precautions and pro mgr im in connectiops with the Wank. 9,33.6. Accept —Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy_.., the Work in whole or in inrt. 9.3.3.8. Participate_ in specialized field or laboratory is or inspections conducted by others except as ---speoifically authorized by the ENGINEER. Clarifications and bnerprehitions. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the MCDC GENERAL CONDITIONS 1910-8 (1990 Mum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV,1/2000) requirements of the Contract Documents (in the fort of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjusnuent in the Contract Price or the Contract Times and the Parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or Article 12, Authorized hariationsin Work: 9.5. ENGINEER may authorise minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price of the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perforin the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjusument in the Contract Price or the Contract "Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written chin therefor as provided in Article I 1 or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7, In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. M. In connection with ENGINEER's authority, as to Change Orders, see Articles 10, 11, and 12. 9.9, In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Deterniinationsfor Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work perfomned by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's prelvninary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 General Conditions 00700 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten clays after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from 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 IA Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.1 L ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Tunes will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty clays after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written cleeision on such claim, dispute or other matter will be final and binding upon OWNER and CON'FRAC'FOR unless: (i) an appeal f4om ENGINEER's decision is taken within the time limits and in acconlence with the proeeclures 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 written notice of intention to appeal from ENGNEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing patty may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such E1CDC GENERAL CONDI'n ONs 1910-5 (1990 Edllimn 22 w/ CI 7Y OF FORT COLLINS MODIFICATIONS(RF,V 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9,11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (exceptany which have been waived by the making or acceptance of final payment as provided in Paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such clam, dispute or other natter-pursuarifte- Article —16, 9.13. Liutitatious on ENGNEGI2's Authority and Responsibilities: 9.13.1, Neither ENGINEER's authority or responsibility under this Article 9 at under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility, by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or he responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safely precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the funnshing or performance of the Work. ENGINEER will not be responsible for CON'TRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3, ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14,12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. 'The limitations upon authority and General Conditions 00700 responsibility set forth in this paragraph 9,13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN TIIl: WORK 10.1. Without invalidating the Agreement and without notice to any surety; OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Arnendinent, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or hn the case of uncovering Work as provided in Paragraph 13.9. 10.4. OWAmER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10. 1, (a) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; )0.42 changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract. Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an aploal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON'I'RAC'TOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910 8 (1990 Editim) w/ CTY OF FORT COLLINS MODIFICATIONS (REV 4/2000) General Conditions (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OE CONTRACT PRICE ILL. The Contract Price constitutes the total compensation (subject to authorized adiustnents) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORS expense without change in the Contract Price. 11.2. The Contract Price may only he changed by a Change Order or by a Written Amendment Any claim for an adjustment in die Contract Price shall be based on written notice delivered by the party making die claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty clays after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No clainm for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit Prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 00700 paragraphs 119.1 through 11.9.3, inclusive); CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to O\V\BR and 11.3.2, where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, by a OWNER. who will then determine, with the advice of mutually agreed payment basis, including lump sum ENGINEER, which bids, if any, will be accepted. If (which may include an allowance for overhead and any subconm act provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 11,0 2); the Subcontractor's Cost of the Work and fee shall be determined in the wane manner as CON'TRACTOR:s 11.3.3. where the Work involved is notcovered by unit Cost of the Work and fee as provided in Prices contained in the Contract Documents and paragraphs 11.4, 11.5, 11.6 and 11.7, All agreement to a lump sum is not reached under subcontracts shall he subject to the other provisions of paragraph 11.3.2, on the basis of the Cost of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 115) plus a CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including but (determineclasprovided in paragraph 11.6). not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) Cosl of the Work employed For services specifically related to the Work. 11.4. The tens Cost of the Work means the sun of all costs necessarily incurred and paid by CON'fRAC'FOR in 11.4.5. Supplemental costs including the following: the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 11.4.5.1. The proportion of necessary be in amounts no higher than those prevailing in the transportation, travel and subsistence expenses of locality of the Project, shall include only the following CONTRACTOR's employees incurred in items and shall not include any of the costs itemized in discharge of duties connected with the Work. pmagraph 11.5: 11.4,52. Cost, including transportation and 11.4.1. Payroll costs for employees in the direct maintenance, of all materials, supplies, employ of CON 'FRAC'ME in the performance of the equipment, machinery, appliances, olliee and Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shah include without limitation performance of the Work, and cost less market superintendents, foremen and other personnel value of such items used but not consumed which employed full -tire at the site. Payroll costs for remain the property of CONTRACTOR. employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the 11.4.5.3. Rentals of all construction Work. Payroll costs shall mckide-but not be Iim tied to; equipment and machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented from CONTRAC,,TOR. or others in which shall include social security contributions, accordance with rental ageennents approved by unemployment, excise and payroll taxes, workers' OWNER with the advice of ENGINEER, and the compensation, health and-retirerent benefits, -bonuses costs of transportation, loading, unloading, s. ek-lein�, ation-and-holiday-pay applicable thereto. installation, dismantling and removal thereof- all The expenses of performing Work after regular in accordance with terms of said rental working hours, on Saturday, Sunday or legal holidays, agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or parts shall cease when the use by OWNER. thereof is no longer necessary for the Work. 11.4.2. Cost of all materials and equipment furnished 11.4.5A. Sales, consumer, use or similar taxes and incorporated in the Work, including costs of related to the Work, and for which transportation and storage thereof, and Suppliers' Geld CONTRACTOR is liable, imposed by Laws and services required in connection therewith. All cash Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4,5.5. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts, rebates and refunds and returns from sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may he liable, and royalty payments and OWNER, and CONTRACTOR shall make provisions fees for permits and licenses. so that they may be obtained. 11.4.5.6. Losses and damages (and related 11.4.3. Payments made by CONTRACTOR to the expenses) caused by dannagc to the Work, not Subcontractors for Work perfomned or furnished by compensated by insurance or otherwise, sustained Subcontractors. If required by OWNER, by CONTRACTOR in connection with the 24 EICDCOF,NERAI.0Q ONI)ITIONS 1910-S(1990Lditia w/ CITY OF PORT COLLINS MODIFICATIONS (REV 412000) General Conditions 00700 performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the pugrose of determining CONTRACTOR's fee. If, however, any such loss or danmge requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee pro onionate to that stated in paragraph 11.6.2, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone selvice at the site, expressage and similar petty cash items in connection with the Work. 11 A.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered admmisui tnve costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent. payments. 11.5.4. Cost of prennimms for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). ESCDC GENERAL CONDInONS 1910.8 (1990 Edition) w/ CITY OR FORT COLLINS MODIFICATIONS (REV 42000) General Conditions 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any, of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any, item not specifically and expressly included in paragraph 11.4, 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6, 1. a mutually acceptable fixecl fec; or 11.62 if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 1 L6.22. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontmctw- who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-0G-Give-percent-ef-the- true unt-paid-to the-next-lowerrnef Subeentraetor; to be neeousted irrgo2d faith with the OWNFR but not to exceed five percent of the amount paid to the next lower tier Subcontracfor. _ 11.6.24, no fee shall be payable on the basis of costs itemized under paragraphs I l A4, 11.4.5 and 11.5; 11.6.2.5. the amount of aedit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.26 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7, Whenever the cost of any Work is to be 25 00700 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 Contract 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, and then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway 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 Contract 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. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 3rd day of March , 2009 . IN PRESENCE OF: ATTEST: N\1 � L (CORPORATE SEAL) Printppal Hydro Constru�c�flo_n Companx, Inc. .: '-B : (Title) 301 East Lincoln Avenue, Fort Collins, CO 80524 (Address) Page 2 of 3 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting clata. Cask Allowances: 1 I_8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OgtNER and ENGINEER. CONTRACTOR agrees that 11.8.1, the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CON RACTOR's costs for unloachng and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Mice and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts duo CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11,9, 1, Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tunes the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work perfonned by CONTRACTOR will be made by ENGINLER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. 119.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I if: 11,93.1, the quantity of any item of Unit Price Work perfornial by CONTRACTOR differs materially and significantly fiom the estimated quantity of such item Indicated in the Agreemcnt; EJCDCOENERAL CONDITIONS 1910 8 (1990 Editicu) 26 WCI'IR OF PORT COLLINS MODIFICATIONS(REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respectto any other item of Work; and 119.3.3, if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes than OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amountof any such increase or decrease. 11_9.3A CONTRACTOR acknowledges that the OWNER has the right to acid, or delete items in the Bid achange quantities at OWNER'S sole discretion without affecting the Contract Price_ of any remaining item so long as the deletion or addition does pot_ exceed twenty-five percent of the original total Conhact Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1, The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amen(Iment Any claim for an adjustment of the Contract Times (or Milestones) shall be, based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty clays) after the occurrence of the event giving rise to the claim and stating the general nature of the chum. Notice of the extent of the claim with supporting data shall be delivered within sixty clays after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the clairnant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12,1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) clue to delay beyond the control of CONTRACTOR, die Contract Tunes (or Milestones) will be extended in an amount equal to time post clue to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts c r neglect of utility owners or other contractors perfomt ing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and General Conditions 00700 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4, Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Tunes (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety, for of employee m agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, Abnormal weather conditions, acts of God or acts or neglect by utility owners of other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS ANTI) INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTDIE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, EN(IINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and goverrnnental agencies with jurisdictional interests will have access to the Work at reasonable --frees for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Llapeetimrs 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 13A.7. for inspections, tests or approvals covered by paragraph 13.5 below; 13A.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 MCDC GENERAL CONDMONS 1910 8 (1990 Edda)) W CITY OF FORT COLLINS MODIFICATIONS dtLV 42000) General Conditions below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7, Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGfblEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced mCONTRACTOR's expense. 13.9. If ENGINEER considers it necesssmy or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exl)osure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price ce an extension of the Contract Times (or Milestones), of both, directly attributable to such 27 00700 uncovering, exposure, observation, inspection, testing, replacement and reeonslmctiom and, if the parties are unable to agree as to the amount or extent thereof, (.',ON'1'RAC'rOR may make a claim therefor is provided in Articles I I and 12. OWNER Dlay Stop the Work: 13.10, If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such it way that the completed Work will confonn to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal o(Defeetive Work. 13.11. If requneci by ENGINEER, CONTRACTOR Shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Woik that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period. 13.12.1. If within one-year two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract. Documents or by any specific provision of the Contract Documents, any Work is found to be defech've, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such detective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Wort: that is not defective, and (ii) satisfactorily corrector remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.123, Where defecfine Work (and damage to other EJCDC GENERAL CONDITIONS 1910 a (1990Editioa) 28 WCITY OrFORT COLLINS MODIRICATIONS (REV4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all clahms, costs, losses and damages attributable to OWNERS evacuation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the annount thereof, OWNER may make it claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER 0117NER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work is required by ENGINEER in accordance with paragraph 13.11, or if CON 'TRACI'OR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven clays' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such cierective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR!s services related thereto, lake possession of CON'rRAMOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNEWs other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree is to the amount thereof, OWNER may make a clann therefor as provided in Article 11. Such claims, costs, losses and General Conditions 00700 damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work, CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies hereunder. ARTICLE 144"AYMENCS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.L The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER, The amount of retainage with respect to progress payments will be as stipulated in the CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applicationsfor Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment, In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR, 14.5. ENGINEER'S recommendation of any payinent requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, basest on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief. 14.5.1, the Work his progressed to the point indicated, 14.5.2, the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications fin- Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work, however, by recommending any such payment. ENGINEER will not thereby be deemed to have represented that (r) exhaustive or continuous on -site inspections have been made to check the quality, or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences of procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or Performance of Work, or for any failure of CONTRACTOR to per£omr or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 General Conditions 00700 OWNER referral R in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72. the Contract Price has been reduced by Written Amendment or Change Order, 14 7,1 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.74 FNGINMBN has actual knowledge of the occurrence of any of the events enumerated in paragraphs 1.5.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the frill amount reannnnended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRAC'TOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a setr off against the amount recommended, or 14.7.5. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.71 through 14.7.3 or panigraphs 15.2.1 through 153A inclusive; but OWNER must give CONTRACTOR mmnediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8, When CONTRACTOR considers the entire Work ready for its untended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER CONI'RAC'TOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E7CDC GENERAL CONDITIONS 1910.8 (1990 Edition) 30 tvr CITY OF FORT COLLINS MODIRI CA LIONS(REv,2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. 'There shall he attached to the certificate it tentative list of items to be completed or corrected before final aynient NE OWR shall have seven clays after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or i tlachecl list. if, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CON'TRAC'fOR a definitive certificate of Substantial Completion (with it revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified aRei consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion )ENGINEER will deliver to OWNER and CONTRACTOR it written reconnuendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, beak utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER fin writing prior to ENGIN ER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until Coup payment. 14.9, OWNER. shall have the right to exclude CONTRACTOR fiom the Work after the chic of Substantial Completion, but OWNER sharp allow CON 'TRAC'TOR reasonable access to complete or correct items on the tentative list Partial Ulili7ntion: 14,10, Use by OWNER at OWNER's option of any substantially completed part of the Work, which. (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can he used by OWNER for its intended purpose without significant interference with CON TRAC']'OR'S perfommnee of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10, 1, OWNIzR at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that Such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request. ENGINEER to issue a certificate of Substantial Completion for that part of the Work. General Conditions 00700 CONTRACTOR at any time may notify OWNER and ENGINEER in Writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable tune after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to detemtine, its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 149 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14,10.2. No occupancy ce separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11, Upon written notice from CONTRACTOR that the entire 'Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately lake such measures as are necessary to complete such work or remedy such deficiencies. Dnal Application for Payment: 14.12. Alter CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marker) -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Docmnents, including but not limited to the evidence of insurance required by subparagraph5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases cs waivers (satisfactory to OWNER) of all Liens arising out of or filed ua connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish receipts of releases in full and affidavit of CONTRACTOR that: (ri) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GFNFRAL CONDITIONS 1910 8 (1990 EdAim) W/ aTY Of TORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond of other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to_finah7e payment are to be submitted on forms confonnine to the format of the O'ArNER'S standard forms bound in the Proiecl manual. Final Payment andAccepiance: 14.13, If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER. is satisfied that the Work has been completed and CONTRAC'TOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15, Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary connections and resubmit the Application, Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate Conn and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to oaraeraah 17.6.2 of these General Conditions. 14,14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRAC'TOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance clue for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or connected is less than the reunnage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15, The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 General Conditions 00700 final inspection pursuant to paragraph 14.11, tivm failure to comply with the Contract Documents or the terms of any special guarantees specified therein, ce from CONTRACT OR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION Ole WORK AND TERAUNATION 011,MM Mad, Suspearl Work: 15f. At any time and without cause, OWN1,R may suspend the Work or any portion thereof for a period of not more then ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. 01VNV? May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 1.5.2.1. if CON'IBACTOR Ixrsistently f ails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body havingjurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWN R may, after giving CONTRACTOR (and the surety, if any) seven clays' written notice and to the extent pwnmittel by laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CON'FRACTOR's tools, appliances, construction equipment and machinery at the site and use the sane to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), inco rvrate in the Work all materials and equipment stored at the site or for which OWNER has paid E]CDCGENERALCONTE)MONS 1910-8(1990Editimu 32 w/ CITY OF FORT COLLINS MOI)IHCATIONS (RLV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all clams, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perform ed. 15.3. Where CONTRACTOR's services have been so terminated by OWNI?R, the termination will not affect any rights of remedies of OWNFR against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys clue CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective cane of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others, and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting fear such termination. CONTRACTOR Mah Stop Work or Terminate: 15.5. Il; through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or uncle an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CON1'RAC'fOR any General Conditions 00700 sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the saute terms as provided in paragraph 15.4. In lieu of tenninating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts clue CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 far an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RI SOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docmnents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sentby registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation ofTioee: 1T2.1. When any period of tune is referred to in the Contract Docmnents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day, made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDCOENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/1000) 17.2.2, 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 CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other Party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations orrepose.Camulative Reoeedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6,12, 6.16, 6,30, 6.31, 6.32, 13.1, 13.12, 13,14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are othenvise unposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included. 17.5. Whenever 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 professionals and all court or arbitration or other dispute resolution costs IT66. The laws of the State of Colorado anolt, to this Agreement Reference to twoPertment Colorado statutes are as follows; 176.2.- If a claim is 51cd OWNER is required by law (CRS 35-26-107) to withhold from allpavments to CONTRACTOR sufficient funds to insure the pa ment_of all ela_vns for_ia ntaterial_s,_team hire sustenance, 1xovisions,Jnwvender or other _suntnlies used or consumed bl_ CONTRACTOR ol: his 33 General Conditions �� NJCDOOEN1iItm.CONDIT10NS 19108(1990Eai1ion) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000) General Conditions 00700 Cthis page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF PORT COLLINS MODIFICATIONS (N;V 4/2000) 35 General Conditions 00700 IN PRESENCE OF: N/A IN PRESENCE OF: WIT ss: / By.. Jes i ZTalbot (SURETY SEAL) Other Partners By: N/A By: N/A By: N/A Surety Hartford Fire Insurance Company Attorney -in -Fact Nicole L. McCollam One Hartford Plaza, Hartford, CT 06155 (Address) NOTE: Date of Bond must not be prior to date of Construction Agreement. If Contractor is Partnership, all partners should execute Bond. Page 3 of 3 17A 1550 1701 Street, S W to 600 Denver, CO 80202-1657 Phone 303,534,4567 1JCDCGENfiRAI.CONDITIONS 191M(1990D(fili ) 36 1 CITY OF PORTCOLLINS MODIFICA'r10NS(R6tl42000) General Conditions 00700 EXHIBIT GGA to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTER S0LUTI0N AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is intended to include the following agreement of the parties: 16.1. All clams, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement of consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing paw of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINL:ER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede die arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10, 16.3, Notice of the demand for arbitration will be Oiled in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINTEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such clam, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910.9 (1990 Edition) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 9/99) 16A. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion. which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and C0NTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this Ismgmph 16.5 nor in the provision of such subcontract consenting to joinder shall create any elaiu, right or cause of action in favor of Subcontractor and against. OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16,6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any covet having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7, OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initialing against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC OF.NFRAL CONDMONS 1910-8 (1990 Fidili0n) OC-Al w/ CITY OF FORT COLLINS MODIFICATIONS (RCV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order --A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and 1/09 SUPPLEMENTARY CONDITIONS 00800- Page 1 Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 1/09 SUPPLEMENTARY CONDITIONS 00800- Page 2 For Paragraph 5.02.8.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR'S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-6.35. Add the following new paragraphs immediately after paragraph 6.34 of the General Conditions: 6.35. Federal Requirements. As applicable, and as may be required for any Work Order, CONTRACTOR agrees to the following additional requirements: 6.35.1. CONTRACTOR agrees that he is subject to the provisions of the Williams -Steiger Occupational Safety and Health Act of 1970 and related program requirements, as included in Appendix A of the Supplementary Conditions. 6.35.2. CONTRACTOR agrees to utilize the Rural Area Business Development Plan, as included in Appendix B of the Supplementary Conditions. I/09 SUPPLEMENTARY CONDITIONS 00800- Page 3 6.35.3. CONTRACTOR agrees to the Prohibition Against Listed Violated Facilities, as included in Appendix C of the Supplementary Conditions. 6.35.4. CONTRACTOR agrees to the provisions of the Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity and related attached documents, as included in Appendix D of the Supplementary Conditions. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. 1/09 SUPPLEMENTARY CONDITIONS 00800- Page 4 SECTION 01110 SUMMARY OF WORK PART I GENERAL 1.01 SECTION INCLUDES Furnish and install all labor and materials for maintenance improvements to the Obermeyer Gates on the Latimer County Canal No.2 (LCC#2) and New Mercer Ditch (NMD) immediately upstream of the ditch crossings of West Mulberry Avenue, including but not limited to the following items: A. Maintenance improvements to consist of: Larimer County Canal #2 1. Installation of a new lifting mechanism positioned on the top of the existing concrete gate structure; 2. removal of the existing air bladder under the metal gate; 3. removal of the existing equipment (i.e. air compressor, sump pump, electrical boxes, dehumidifier, and light and switches) in the concrete vault adjacent to the gate and delivery of equipment to the site as directed by the City of Fort Collins (OWNER) at the time of construction; 4. removal of the top 3' of the existing concrete vault; 5. removal of the existing access hatch and delivery of the hatch to the OWNER'S Mulberry Water Reclamation Facility (MWRF) site at Mulberry and Riverside Avenues; 6. removal of the existing vault's vent piping to a point 3' below the existing ground surface; 7. removal of sections of the existing railing adjacent to the gates to allow for installation of the lifting mechanism; 8. relocation of the existing stainless steel electrical control cabinet to another location on the existing concrete base; 9. removal of the existing Programmable Logic Control (PLC), hoses, and wiring from the interior of the existing electrical control cabinet; 10. installation of a new PLC in the existing electrical control cabinet; 11. removal of the existing pressure sensor in the existing Stilling Well; 12. installation of a new pressure sensor in the existing Stilling Well; 13. installation of new conduit and wiring between the electrical control cabinet and the lifting mechanism; 14. connection of the existing Radio Telemetry Unit (RTU) to the new PLC; 15. relocation of the electrical disconnect and meter; 16. filling of the abandoned vault with flow fill to within 3' of the existing ground surface; 17. filling of the remainder of the vault excavation above the flow -fill with soil; 18. remove and replace, or repair landscaping, streetseape, existing irrigation systems disturbed by the construction and as directed by the OWNER'S Parks Department; Obcrmeyer Gate Improvements 01110-1 Summary of Work 02/23/09 19. fabrication of safety enclosures around the lifting mechanisms and attached to the existing metal railing; 20. painting of all new exposed metal surfaces to prevent corrosion; 21. painting of the existing railing to match the new safety enclosures; and 22. other miscellaneous work and items as outlined in the Work Order executed between the OWNER and CONTRACTOR and as required to complete the project. New Mercer Ditch 1. Installation of a new lifting mechanism positioned on the top of the existing concrete gate structure and so the Rotork unit is positioned on the opposite side of the ditch from the control cabinet; 2. removal of the existing air bladder under the metal gate; 3. removal of the existing equipment (i.e. air compressor, sump pump, electrical boxes, dehumidifier, and light and switches) in the concrete vault adjacent to the gate and delivery of equipment to the site as directed by the OWNER at the time of construction; 4. removal of the top 3' of the existing concrete vault; 5. removal of the existing access hatch and delivery of the hatch to the OWNER'S Mulberry Water Reclamation Facility (MWRF) site at Mulberry and Riverside Avenues; 6. removal of the existing vault's vent piping to a point 3' below the existing ground surface; 7. removal of sections of the existing railing adjacent to the gates to allow for installation of the lifting mechanism; 8. relocation of the existing stainless steel electrical control cabinet to another location on the existing concrete base; 9. removal of the existing Programmable Logic Control (PLC), hoses, and wiring from the interior of the existing electrical control cabinet; 10, installation of a new PLC in the existing electrical control cabinet; 11. removal of the existing pressure sensor in the existing Stilling Well; 12. installation of a new pressure sensor in the existing Stilling Well; 13. installation of new conduit and wiring between the electrical control cabinet and the lifting mechanism; 14. connection of the existing Radio Telemetry Unit (RTU) to the new PLC; 15. relocation of the electrical disconnect and meter; 16. filling of the abandoned vault with flow fill to within 3' of the existing ground surface; 17. filling of the remainder of the vault excavation above the flow -fill with soil; 18. remove and replace, or repair landscaping, streetscape, existing irrigation systems disturbed by the construction and as directed by the OWNER'S City Park Nine Golf Course Manager; 19. fabrication of safety enclosures around the lifting mechanisms and attached to the existing metal railing; 20. painting of all new exposed metal surfaces to prevent corrosion; 21. painting of the existing railing to match the new safety enclosures; and Obermeyer Gate Improvements 01110-2 Summary of Work 02/23/09 00601 PAYMENT BOND Bond No.3413CSEZ2095 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Hydro Construction Company, Inc. (Address) 301 East Lincoln Avenue Fort Collins CO 80524 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and (Firm) Hartford Fire Insurance Company (Address) One Hartford Plaza, Hartford, CT 06155 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal SUM Of Sixty One Thousand Forty Three Dollars and 00/100 ($61,043.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreement with the Owner, dated the 28th day of March 2006, a copy of which is hereto attached and made a part hereof for the performance of City of New Mercer & Larimer County #2 Gate Modifications - Fort Collins Phase II, Site Work; Notice of Award Date: February 18, 2009 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 Construction Agreement, and any authorized extension or Page 1 of 3 22. other miscellaneous work and items as outlined in the Work Order executed between the OWNER and CONTRACTOR and as required to complete the project. B. Protect utilities during construction. C. Provide start-up services and training for operation and maintenance of the lifting equipment for OWNER'S personnel. 1.02 WORK SEQUENCE A. The Work Sequence shall be per the schedule discussed with the OWNER and included in the Work Order. 1.03 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities within the area affected by the work and to coordinate the construction schedules with these utility owners. B. Known utilities and structures adjacent to or encountered in the work are shown on the Record Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and from field potholing, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. 1.04 MEASUREMENT AND PAYMENT A. The CONTRACTOR will negotiate a Work Order directly with the OWNER to define the payment items and quantities associated with these items. The Work Order will be used as basis for determining the extent of the Work completed at the end of each pay period and the amount of payment for completed Work. B. The OWNER will design and supply the new PLC's for the new lifting mechanisms. CONTRACTOR will install the new PLC's and make the necessary electrical connections to the lifting mechanisms, level sensors and RTU's. C. When quantities cannot be determined until the time of construction, the OWNER may allow an Allowance to be assigned to the payment item. Payment for the Work associated with the Allowance will be made by measurement of actual quantities once installed. Obermeyer Gate Improvements 01110-3 Summary of Work 02/23/09 1.05 SHOP DRAWINGS A. Shop Drawing shall be submitted to the OWNER and ENGINEER for review and approval before installation of the materials associated with the Work. B. All materials and equipment shall be able to withstand and operate continuously in the environment in which they are placed. C. OWNER shall select paint color(s). PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION Obermeyer Gate Improvements 01110-4 Summary of Work 02/23/09