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384515 WILDCAT CIVIL SERVICES INC - CONTRACT - RFP - 7106 CURED-IN-PLACE SANITARY SEWER STORMWATER MAINS REHABILITATION
SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY'OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Wildcat Civil Services hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7106 Cured -In -Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of two (2) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. The EJCDC General Conditions 1910-8 (1990 Edition) with the City of Fort Collins Modifications (Rev 9/99), which is attached hereto as Exhibit "B" consisting of fifty three (53) pages, and incorporated herby this reference, shall be included as part of the contract requirements. No work order shall exceed $75,000.00. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. STD SA WO rev07/09 1 City Clerk AP P AS TO FORM: As nt City Attorney ATTEST Corporate Secret CITY OF FORT COLLINS, COLORADO a municipal corporation By: - G v a s B. O'Neill II, CPPO Directo of urchasing and Risk Management Date: Ce I t `i < Wildcat Civil Services Print Name Title Vt cp- (trio Corporate Pre ident or Vice President Date: 4. -Lot o (Corporate Seal) � =n STD SA WO rev07/09 10 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Wildcat Civil Services DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Address: 666666 South Santa Fe Dr., Ft. Collins, Co. (Not a real address) Pipe Diameter: 8" Vetrified Clay Pipe Length: 319 Lineal Feet Service Connections: 6-3 Taps & 3 Wyes Protruding Taps: 0 Inlinder Tube: 0.20 nominal wall thickness, based on 400,000 PSI Modulus ➢ Certificate of Insurance as indicated in Contract ➢ Mobilization and demobilization ➢ Pipeline cleaning prior to and after installation ➢ Preliminary Video and Service Connection Identification ➢ Mainline Bypass pumping during installation ➢ Inliner pipe installed complete including curing and finishing ➢ As -built Video inspection logs and Video tape ➢ Proper Traffic Control for the work site as approved by Larimer County Access and Utility Coordinator and Homeowners Association ➢ Coordination and notification with project resident, homeowners association, water districts, including letters and flyers prior to installation ➢ Coordination with appropriate water district to operate fir hydrants and purchase supply water during installation ➢ Daily fax notification to Utility Supervisor of project work being completed on that day ➢ Project pre -construct meeting with Utility Supervisor ➢ Two Year Contractor's Warranty STD SA WO rev07/095/24/2010 Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of Exhibits _, _ _, consisting of (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. cc: Purchasing Professional: By: Date: City of Fort Collins Submitted By: Project Manager Date: Reviewed by: Date: Approved by: Date: Approved by: Director of Purchasing & Risk Management (if over $60,000.) Date: CITY OF FORT COLLINS CHANGE ORDER WORKORDER NO. CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: PURCHASE ORDER NO.: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL WORKORDERCOST $ TOTAL APPROVED CHANGE ORDERS $ TOTAL PENDING CHANGE ORDERS $ TOTAL THIS CHANGE ORDER $ TOTAL % OF ORIGINAL WORKORDER, THIS C.O.: _% $ TOTAL % OF ORIGINAL WORKORDER, ALL C.O.'S: % $ ADJUSTED WORKORDER COST $ (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative SUBMITTED BY: DATE: City Representative REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: DIRECTOR OF PURCHASING (IF OVER $60,000) cc: Purchasing, City Representative, Contractor EXHIBIT B EJCDC GENERAL CONDITIONS GENER,A,L CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE 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 text that has been added and strilang through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number 8t. Title Number Number S Title Number 1. DEFINITIONS 1 2. PREL MNARY MATTERS 3 1-1 Addenda..............................._........._...1 2.1 Delivery of Bonds ........ ..................... 3 1.2 :agreement....--_•-----•-------•--------------------1 2.2 Copies of Documents ------------------------ 3 1-3 Application for Padwent_______________________1 2.3 Commencement of Contract 1.4 Asbestos____________________________________________1 Times; Notice to Proceed ................ 3 L5 Bid ........ .............. ............................... 1 2 4 Starting the Work - ------------------------- 3 1.6 Bidding Documents............................. 1 2.5-2 7 Before Starting Construction; 1.7 Bidding uirements...................... o Req ._..t CONTRACTOR'S Responsibility 1.8 Bonds -----•--------------------------------- - ------- I to Report; PreliminarySchedrles; 1.9 Change Order ...................................... I Deh-.wy of Certificates of 1.10 Contract Documents ............................1 Insurance .................................. 3-4 1.11 Contract Price 1 2.8 Preconstruction Conference 4 L12 Contract Times ___-_-1 2.9 Initially Acceptable Schedules__________4 1.13 CONTRACTOR 1 1.14 defective ................... ........................... 1 3. CONTRACTDOCU.)4ENTS: INTENT. 1.15 Drawings ................. .......................... AMENDING, REUSE ............... .................. ...------4 1-16 Effective Date of the Agreement ..........1 3.1-3.2 Intent ..---••------------------------------------- - 4 1-17 ENGINEER .............. ..................•--_____ 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ...................... fications of Technical Societies; 1.19 Field Order ----------------- *..... .... ..._----------1 Reporting and Resolving Dis- 120 General Requirements .........................2 crepancies.................. ............... 4-5 1.21 Hazardous Waste 2 3.4 Intent of Certain Terms or 1 22-a Lave and Regulations; Laws or Adjectives ------------------------------------- 5 Regulations......................................2 3.5 Amending Contract Docwients......... 5 122.b Legal Holidays ........... ................---- _---- 2 3.6 Supplementing Contract. 1.23 Liens .. - - 2 Documents --------------------- 1.24 Nfriestone-.••._.__-•_•-.•----------------------------2 3-7 Reuse of Documents..-•---._......_....---•-� 125 Notice of Award 2 1.26 Notice to Proceed ---------------------------•_----2 4_ AVAILABILITY OF LANDS; 1.27 OWNER •••--__-_______________________.............2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization 2 REFERENCE POINTS 5 1.29 PCBs .......... ---........ ----------------------------- 2 4.1 AtailabilityofLands ------ .••_•_•.,------ 5-6 1.30 Petroleum ............................ -...... -....... ? 4.2 Subsurface and Physical 1.31 Project................................................2 Conditions- ---------------------------------- 6 132.a Radioactive Material ...........................2 4-2.1 Reports and Drawings- .................... 6 1.32.b Regular Working Hours ....................... 2 4.2.2 Limited Reliance by CONTR.aC- 1.33 Resident Project Representativ€-........... ' TOkAuthorized; Technical 1-34 Samples ............... ...............................2 Data ---------.......--- ...6 1.35 Shop Drawings....................................2 4-2.3 Notice of Differing Subsurface 1.36 Specifications 2 or Physical Conditions__•.._-___••.•-.- 6 1.37 Subcontractor .................•-------------_-..._ ? 4.2-4 ENGINHER's Review 6 1-38 Substantial Completion.......................2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions 2 Change..- ___6 1.40 Supplier,_.___•,_. 2 4.2.6 Possible Price and Times 1-41 Underground Facilities ............ 1-3 Adjustments ............ .................... 6-7 1.42 Unit Price Work ...... _........................... 3 4.3 Physical Con(itions-Underground 1.43 Work... 3 Facilities ....................... 7 1.44 Work Chaage Directi-,-e-._-_-_--_•----___.••_-3 4.3.1 Shown or Indicated ..........................7 1.45 Written Amendment ..................... __-A 4.3.2 Not Shorn or Indicated .................... 7 4.4 Reference Points 7 UMC GEhTRAL CONDMOr;s 1910-8 (1990 EDrMor) Vd crrY OF FORT COLLIKS MODIFICATIONS (REV W99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6 25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR`s Review Prior Radioactive tifaterial ....................7-8 to Shop Drawing or Sample 'Submittal .................. ------------....16 5. BONDS AND INSURANCE 8 626 Shop Drawing &c Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER_.__..16-17 Bonds______________________________________________ 8 6-27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents_-_-_-_----_17 Certificates of Insurance 8 6.29 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENIGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER's Liability Insurance... ........... 9 Submittals ___...._........................... 17 5.6 Property Insurance... ...........•-•-----••_,9-10 629 Continuing the Work-•-------------------17 5.7 Boiler and .Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance.................10 Warranty and Guarantee ............... 17 5.8 Notice of Cancellation Prousion 10 6.31-6-33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6-34 Sunival of Obligations ....... ............ 18 for Deductible Amounts 10 5.10 Other Special Insurance ...................... 10 7. OTHER WORK------------------------------------------*.....18 5.11 Waiver of Rights ................................ 11 7.1-7.3 Related Work at Site ........................ 18 5-12-5.13 Receipt and Application of 7.4 Coordination ................................. 18 Insurance Proceeds ...................... 10-1I 5.14 Acceptance of Bonds and Insa- S. OWNER`S RESPONSIBILITIES .........................18 ance; Option to Replace... ............. 11 8.1 Commmications to CON- 5.15 Partial Utilization -Property T ,ACTOR--------------------------------- IS Insurance ......................... .............. 11 82 Replacement of ENGINEER_ -... ...... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............11 When Due ....................... ........... 18 6.142 Supervision and Superintendence -...... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment___ 11-12 and Tests ............ _................... 18-19 6.6 Progress Schedule .............................. 12 3-5 Insurance ...........---------------------------_19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders-_•---------------------------- 19 CONTRACTOR's Expense-, 8.7 Inspections, Tests and Substitute Constmcdon Approvals 19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8-9 Limitations on OWNER'S Waiver of Rights .........................13-14 Responsibilities ............................ 19 6.12 Patent Fees and Royalties .......... I ......... 14 8.10 Asbestos, PCBs, Petroleum, 6-13 Permits 14 Hazardous Waste or 6-14 Laves and Regulations ........................14 Radioactive Material --------------- *..... 19 6.15 Taxes..............•-•---•----•-------------•---14-15 8.11 Evidence ofFinancal 6-16 Use of Premises................................15 Arrangements .............................. 19 6.17 Site Cleanliness 15 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents ............................. 15 CONSTRUCTION ......... ............................ ........19 620 Safety and Protection ....................15-16 9.1 OWNER'sRepresentathre ................ 19 621 epresentative......................... Safety Representative. ------------------------ 16 9.2 Visits to Site ......... ......................... 19 6.22 Hazard Communication Programs•_..,_ 16 9.3 Project Representative_______________ 19-21 6.23 Emergencies ..................................... 16 9.4 Clarifications and Interpre- 624 Shop Drawings and Samples..............16 tations.......... .............................. 21 9-5 Authorized Variations in Rork ..... -.-21 EJCDC GENERAL CONDMONS 1910-3 (1990 EDITION) w; CTTY OF FORT COLLINS NIODFFICXTIONS U Elr 9,99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work .................. 21 9.7-9.9 Shop Drawings, Change Orders and Payments .......... -- ........................ 9.10 Determinatims for Unit Prices...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter... _...... _ _ .22 9.13 limitations on ENGINEER's Authority and Responsibilities ..... 22-23 CHANGES IN THE WORK 23 10.1 OWNER's Ordered Change ................ 23 10.2 Claim for Adjustment__-_ .................. 23 10.3 Work Not Required by Contract Documents 23 -•13 10.4 ChangeOrders ----------------- -........ -------- 10.5 Notification of Surety ........................ ?3 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work 23-24 11.4 Cost of the Work 24-25 11.5 Exclusions to Cost of the Work ........... 25 11.6 CONTRACTOR's Fee ''5 11.7 Cost Records.................................25-26 11.8 Cash Allowances.. . ............................ 26 11.9 Unit Price Work ........ ......... ......•----___.26 CHANGE OF CONTRACT MIES ............. -.............. 26 12).1 Claim for Adjustment-........................ 26 112 Time of the Essence 26 12.3 Delays Beyond CONTRACTOR's Control 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DFr' EMYE WORK..................................................27 13.1 Notice of Defects 27 13.2 Access to the Nark 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation........ ?7 13.4 OWNER's Responsibilities; Independent Testing Laboratory 27 13.5 CON-MACTOR's Responsibilities................................ 7 13.6-13.7 Co�rering Work Prior to Inspec- tion, Testing or Approc-al--............ ...17 iv 13.&13.9 Uncovering Work at ENGI NEER's Request--------------------- 27-28 13.10 OWNER May Stop the '�%Tork._........28 13.11 Correction or Remm-al of Defective Work ...........................28 13-12 Correction Period 28 13.13 Acceptance ofDefective Work---------28 13.14 OWNER May Correct Defective Work 28-29 14. PAYXIENTS TO CONTRACTOR AND CO]IPLETION 29 14.1 Schedule of Values 29 14-2 Application for Progress Payment..... .........................---• •-• 29 14.3 CONTRACTOR's Warranty of Title 29 14.4-14.7 Retizew of Applications for Progress Payments ------------------ 29-30 14.8-14.9 Substantial Completion------------------ 30 14.10 Partial Utilization 30-31 14.11 Final Inspection --------------------- - 31 -•- ---- 14-12 Final Application for Payment, ....... 31 14.13-14.14 Final Payment and Acceptance ••, .... 31 14.15 Waiver of Claims......................31-32 15_ SUSPENSION OF WORK AND TEMMINATION.......... :......... ........................... 32 15.1 OWIINER play Suspend Work .......... 32 15.2-15.4 OWNER May Terminate---------------- 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLLMON------------------- 33 17_ NffSCELLANEOUS 33 17.1 GiOng Notice -------------------------------- 33 17.2 Computation of Times .................... 33 17.3 Notice of Claim 33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included ..........-•-•-•----•-------33 17.6 Applicable State Laws ............... 33-34 Intentionally Ieft blank.... ............................ . ...... 35 E.�IIBTT GC -A_- (Optional) Dispute Resolution Agreement... GC -Al 16.1-16.6 Arbitration --------------- GC -Al 16.7 Mediation GC -Al EJCDC GENSI AL CONDIIIONS 1910-8 (IM EDMON) av crrY OF FORT COLLDiS MODIFICATIONS (REV 9199) NDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index :article or Paragraph Number Acceptance of - Bonds and Insurance 5.14 defective Work ............ ...------------- 10.4.1, 13.5, 13.13 final payment ..................... .................. 9.12, 14.15 insurance 5.14 other Work, by CONTRACTOR. _........................ 7-3 Substitutes and "Or -Equal" Items ......................6.7.1 Work by OWNER----.._---_.................2.5, 6-30, 6-34 Access to the - Lands, OWNER and CONTRACTOR responsibilities ....................................... ....... -1 site, related Work 7 2 Work, .......................................... 13.2, 13.14, 14.9 Acts or Omissions-_ Arts and Omissions-- CONTRACTOR......................._.....---.-6.9.1, 9.13.3 ENGINEER..........................................620, 9.13-3 O'V�'14ER............................ ....................... 6-20, 8.9 Addenda -definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments - Contract Price or Contract Times ........................... 1.5, 3-5, 4-1, 4-3.2, 4.5.2, ..............................5.3, 9.4, 9.5, 10-2-10.4. -----------------------------------------It, 12, 14.8, 15-1 progress schedule................................ .............. 6-6 Agreement - definition of....................1-2 ...----•-•-•------------- --------- ":All -Risk" Insurance, policy form...........................5-6-2 Allowances, Cash .......... .......................................... 11-8 Amending Contract Documents ................................ 3-5 Amendment- Written -- in general----------------1-10. 1.45. 3.5, 5.10, 5.12, 6.6.2 ..........................6.8.2, 6-19, 10.1, 10.4, 112 12.1, 13.12-2, 14.7-2 AppeaL OWNER or CONTRACTOR intent to___ ....................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment - definition of . 1.3 -- ---------------------- ENGINEER's Responsibility 9.9 final paym_ ent_.•........_,-_ 9.13.4, 9.13.5, 14.12-14.15 in general--------------------------2.8, 2.9, 5-6.4, 9.10. 15.5 progress payment.................................I.....14.1-14.7 review of .14.4-14.7 Arbitration .....................................................16.1-16.6 Asbestos - claims pursuant thereto..........................4-5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5-2 definition of ................ .....................1.4 Article or Paragraph Number OWNER responsibility for ................... ......... 1.5.1, 8.10 possible price and times change-_ ......... -... ..._.... 1.5.2 Authorized Variations in Work -.-.-..... .6, 6.25, 6.27, 9.5 Availability of Lands ................... ................ ....... 4.1. 8.4 Award, Notice of --defined. ........................ ............. 125 Before Starting Construction ........... -.................. 2-5-2.3 Bid -definition of........................1.5 (1.1, 1.10, 23, 3.3, ............ ............. 4-2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of---- ------ ...................... ....... ........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 delivery of.............................................. .... 2-1. 5.1 final Application for Pa}went .................14-12-14.14 general-----------•..................._....-1.10, 5.1-5.3, 5-13. ........................................9.13, 10-5, 14-7.6 Performance, Payment and Other - Bonds and Insurance -in general -5 Builders risk "all-risk" policy form. ...-.-• ---•---------5.62 Cancellation Provisions, Insurance _____._. 5-4.11, 5.8, 5.15 Cash Allowances.............•---------------•--.....__._..._...._._11-8 Certificate of Substantial Completion....-., 1.38, 6.302.3, 14-& 14.10 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 ............. -1, 4.2.6, 4.5, 5.15, 6-8.2, 9.4 ...................9-5, 9.11, 10.2, 10.5, 11-2, 13-9, ........................13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOWs: fee 11.6 Cost of the Work general ..,........................_...... _ 1 L4-11.7 E�tclusions-•--- 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--------------------------------- -----•.11.3-7 Notification of Surety........................................10.5 Scope of ................ •--------- •------------------------ 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 EICDC GENTRAL CONDITIONS 1910-3 (IM EDITION) wJ CHY OF FORT COUINS MODIFICATIONS (REV 9199) Unit Price Work 11.9 Article or Paragraph Number Value of Work ........ .................. .----------------------- 11.3 Change in Contract Times - Claim for times adjustment------_-4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.117 10.2, 10.5, 12-1, •_....••„_...13.9. 13.13, 13.14, 14.'7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRACTOR's control 12.3 Delays beyond OWNER's and CONTRACTOR's control ............................. 12.4 Notification of surety ........................ _ _ __ _--_ ...... _.10.5 Scope of change .................................... -... 10.3-10.4 Change Orders -- Acceptance ofDefective Work ..........................13.13 Amending Contract Documents 3.5 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 executionof.....................................................10.4 Indemnifictiou .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and-. .....................]_10, 5.13, 10.5 OW'14ERmay terminate .........................._ 152-15.4 OWNER's Responsibility ........................... 3.6, 10.4 Physical Conditions - Subsurface and. -------------------------------------------•--- 4.2 Underground Facilities-- ............................ 4.3.2 Record Documents...................................•-----..6.19 Scope of Change_____________ 103-10.4 Substitutes ----------------•--------•------------.......6.7.3, 6.82 Unit Price Work 11.9 value of Work; cov'ered by.................................11.3 Changes in the Work...............................•-----..----------10 Notification of surety 10-5 OWiYFR's and CONTRACTOR's responsibilities...........................................10.4 Right to an adjustment......................................10.2 Scope of change ......... .......... ..................... 10.3-10.4 Claims - against CONTRACTOR---------------•----..._.. 6.16 against ENGINEER 632 against OWNER ........................................... -... 6.32 Change of Contract Price ...........................9-4. 11.2 Change of Contract Times ................... ........ 9-4, 12.1 CONTRACTOR's..............4, 7.1, 9.4, 9.5, 9.11: 10.2, .............. _............11.2, 11.9, 12.1, 13.9, 14.8, ............................................ 15.1, 15.5, 17.3 �i CONTRACTOWs Fee 11-6 Article or Paragraph Number CONTR.ACTOR's liability ----------- 5.4, 6.12, 6.16, 6.31 Cost of the Work.......................................11.4. 115 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution ---------------------------- •--------- ....._ 16.1 Dispute Resolution Agreement -------------------- 16.1-16-6 ENGINEER as initial interpretor-•--..•-.•••--•,••-,-,.9.11 Lump Sum Pricing .......................................... 11.32 Notice of 17-3 OWNER'S__________________ 9.4, 9.5. 9.11, 10.2, 11.21 119 ........................12.1, 13.9, 13-13, 13.14, 17-3 OWNER's liability ............... .......... ..................... 5.5 O'.VNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included------------------------------------------------------ request for formal decision on 9.11 Substitute Items .............................................. 6.7-1.2 Time Extension.................................................12-1 Time requirements ------------••-------------------•-9.11, 12.1 Unit Price Work 11.9.3 Value of 11.3 Waiver of -on Final Payment .................. 14.14, 14.15 Work Change Directiv,e.....................................102 %Titter notice required......................9.11, 11.2, 12.1 Clarifications and Interpretations_ _......3.6.3, 9.4, 9.11 Clean Site ............... .6.17 Codes of Technical Society. Organization or Association .......................... ....................... ,3.3-3 Commencement of Contract Times ... ........ ........ .------- 2-3 Communications- general..............................................6.2, 6.9.21,8.1 Hazard Communication Programs 6 2? Completion -- Final Application for Payment .......................... 14.12 Final Inspection ....14.11 Final Payment and Acceptance...............14-13-14.14 Partial Utilization• ............. 14.10 Substantial Completion ......................138, 14.8-14.9 Waiver of Claims 14.15 Computation of Times .-----•---------------------_17:L1-17.2.2 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedules...............................2.9 preconstruction.......................•---------------------------1_8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report .......................... 2-5, 3.3.2 Construction, before starting by CONTRACTOR 2_5-2-7 Construction Machinery, Equipment, etc------------------ 6-4 Continuing the Work .................................... 6-9, 10-4 Contract Documents - Amending... -....................... ....... _....................... 3.5 Bonds...................................................... ........ .1 EICDC GEhI RAL CONDITIONS 1910-8 (IM EDITION) al CITY- - OF FORT COI- INS MODIFICATIONS (REV 949) b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence June 1, 2010 and shall continue in full force and effect until May 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall- be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. STD SA WO rev07/09 2 Cash Allowances 11.8 :article or Paragraph Number Change of Contract Price....................................11 Change of Contract Times...................................12 Changes in the Work................................10.4-10.5 check and ceriA 7.5 Clarifications and Interpretations.._ ..................... 32, 3.6, 9.4, 9.11 definition of ------------------------------------------------------- 1.10 ENGINEER as initial interpreter of.-,-,-.-,--•...•_, 9.11 ENGINEER as OWNER's representative..............9.1 generaB Insurance........ - ..5.3 Intent ----------------•------.....----- -----------•--------•-3.1-3.4 minor variations in the Work ............................. 3.6 OWNER`s responsibility to fiunish data .............. 8.3 OWNER'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 Specificaons of Technical Societies 3.3 Related Work. 2 Reporting and Resolving Discrepancies-........ .5. 3.3 Reuseof-----------------------------------------------------------3.7 Supplementing.- ...... .............. ................... .......... 3-6 Termination of ENGINEER's Employment.. _.......3.2 Unit Price Work ....... ............. ..........................11.9 variations ....... .................................. 3.6. 6.23, 6:27 Visits to Site, ENGINEER's 9.2 Contract Price - adjustment of ................. 4.1, 9.4, 10.3, 11.2-11-3 Changeof---------------- ...... ........... Decision on Disputes........................................9.11 definition of 1.11 Contract Times - adjustment of ..........................3.5, 4.1, 9-4, 10.3, 12 Changeof-..... ............................... ........ 12.1-12.4 Commemement of 2-3 definition of--------------------------------------------.._..._.1.12 CONTRACTOR - Acceptance of Insurance---- ............................... �.14 Communications 6.2. 6.9.2 Continue Work 6 29. 10.4 coordination and scheduling............................6.92 definition of 1.13 Limited Reliance on Technical Data Authorized ..... .................................... 4.2-? May Stop Work or Terminate............................15.5 provide site access to others.........................7.2, 13.2 Safety and Protection....................4.3.1-2, 6.16, 6.18, ......................................6.21-6.?3, 7-2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................625 %ii Stop Work requirements..................................4.52 COti-IR•aCTOR's- Article or Paragraph Number Compensation .......... ......... ... ........ .............11.1-11.2 Continuing Obligation ..................................... 14.15 Defective Work-------------- *---•----•----- 9.67 13.10-13.14 Duty to correct defects e Work ............... .... .......13.11 Duty to Report -- Changes in the Work caused by Emergency ........................................... 6.23 Defects in Work of Others............................... 73 Differing conditions ....----•--------------------------4.2.3 Discrepancy in Documents--- --. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated.•,..-•-•. 4.3.2 Emergencies .................................... ............ .....623 Equipment and Machinery Rental, Cost of the Work... ............................... ........ .11.4-53 Fee -Cost Plus..........................11.4.5.6. 11-5.1, 11.6 General Warranty and Guarantee ----------------------- 6.30 Hazard Communication Programs --------------- ------ 6-22 Indemnification ..................._....6.12, 6.16, 6.31-6.33 Inspection of the Work. ---------------- *.............. 7.3, 13.4 Labor, Materials and Equipment .................... 6-3-6.5 Laws and Regulations, Compliance by.............6.14.1 Liability Insuranm ............................................. 5.4 Notice of Intent to Appeal .........................9-10, 10.4 obligation to perform and complete theWark...................................... -............. 6-30 Patent Fees and Royalties, paid for by ................ 5.12 Performance and Other Bonds 5.1 Permits, obtained and paid for b....................... 6.13 Progress Schedule .... ..-•--•----------•---•-2.6, 2.8, 2.9, 6.6, --------------------------------------- 629, 10.4, 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities - Changes in the Work .................................. 10.1 Concerning Subcontractors, Supplier; and Others..........-•-------------- ----•.•.6.8-6.11 Continuing the Work..........................6.29, 10.4 CONTRACTOR's expense-------------------------- 6.7.1 CONTRACTOR's General Warranty and Guarantee 6-30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ................ 6-25 Coordination of Work 6-9.2 Emergencies_....-•----------. -----------------•-------- 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ............................. 6.7.3 For Acts and Omissions of Others --------------- ....... ....... 6.9.1-6.92. 9.13 for deductible amounts; insurance...................5.9 general.. ..6, 7.1, 7.3, 8-9 Hazardous Communication Programs ........... -�2 Indemnification .................................. 6.31-6.3 3 EJCDC GE2 MUL COIvDMONS 1910-8 (1990 EDMON) wl CITY OF FORT COLLM MOMECATIONS (REV 9)99) Labor, I,-faterials and Equipment..............6.3-6.5 Lads 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 ENGINEER's approval of required submittals 6.28 safe structuralloading.............................._..6.18 Safety and Protection... ..... ............ 6-20, 7-2, 13-2 Safety Representative ... .................... •........... 6.21 Scheduling the Work ....... ..... •.. ............ __. _ 6.9.2 Shop Drawings and Samples._, .................. 6.24 Shop Drawings and Samples Review by ENGINEER 6.26 Site Cleanliness 6.17 Submittal Procedures 6.25 Substitute Ccnsh cation ?Methods and Procedures 6.72 Substitutes and "Or -Equal" Items................6.7.1 Superintendence .......................... ................. 6.2 Supervision, ... .............. ................ ..........6.1 Survival of Obligations .......................... ------6.34 Taxes-------------•-----------------------------.........---- 6.15 Tests and Inspections ............................. 13.5 ToReport ... ........ ........... ....... ••-•••.........---•-•--- �.5 Use of Premises 6-16-6.18, 6.30.2-4 Review Prior to Shop Drawing or Sample Submittal........................................ 6.25 Right to adjustment for changes in the Work 102 right to claim ........... 4, 7.1, 9.42 9-5, 9.1L 102,11.21 -_ .----11.9, 12_1, 139, 14.8, 15.11 15.5, 17.3 Safety and Protection ................. 6.20-6-212, 7-2, 13-2 Safety Representative ................... •.................... 6.21 Shop Drawings and Samples Submittals ..... 6.24-6. 28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures..6.7 Substitutes and "Or -Equal" Items, Expense ......................................... 6-7.1, 6.72 Subcontractors, Suppliers and Others...........6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Paymientby----•-•.....................•---•-------... mis Use. of Prees _ 6.16-6.18 Warranties and guarantees .......................... .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. .................... CON-MA.CTORS-other------------------ 7 Contractual Liability Insurance .................. -.......... 5.4.10 Contractual Time Limits .................................. ...... 32.2 Article or Paragraph Number Coordination_ CONTRACTOR's responsibility ........................6.9.2 Copies of Documents :2 2 Correction Period 13.12 Correction, Removal or Acceptance of Defective Work- in general------------•---------•-----------10.4-1, 13.10-I3.14 Acceptance ofDefective Work ............... ........... 13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period 13.12 OWNER May Correct Defective WorL ... ...........13.14 OWNER ,ray Stop Work. ................... :............. 13.10 Cost - of Tests and Inspections------------------------------------ 13.4 Records 11.7 Cost of the Work - Bonds and insurance, additional .......... I ........ 11-4.5-9 Cash Discounts ............................................... . 11.4-2 CONTRACTOR's Fee 11.6 Employee Expenses -------------------------------------- 11.4.5.1 Exclusions to ..................................................... 11-5 General 11.4-11.5 Home office and overhead expenses....................11.5 Lasses and damages ..... -............................... 11.4.5-6 -Materials and equipment................................11.4.2 i4 or expenses ........ .................................... 11-4.5.8 Payroll costs on changes......................•--•-•----.-I1.4.1 performed by Subcontractors...._..._..................11.4-3 Records 11.7 Rentals of construction equipment and machinery .............................. -....... 11.4.5.3 Royalty payments, permits and license fees......................•-•-------------------11.4.5.5 Site office and temporary facilities ................. 11.4.5.2 Special Consultants, CONTRACTOR's ............. 11.4-4 Supplemental -------------------------- ------------- -----11.4-5 Taxes related to the Work 1.1.4.5.4 Tests and Inspection.........................................13.4 Trade Discounts--------•....................................11.4.2 Utilities, fuel and sanitary facilitie................ 11.4.5.7 Work after reeuular hours...................•-•--•--------11.4.1 Covering Work .................................... 13.7 Cumulative. Remedies 17.4-17.5 Cutting, fitting and patching.........-•-•-•---------------•--•- 7.2 Data, to be f rnished by MVTiE...............................8.3 Day -definition of... ............................................ 17.2.2 Decisions on Disputes- .................................... .11, 9.12 defective --definition of ............................. _............ 1-14 defective Work -- Acceptance of................................_..._10.4.1. 13.13 EJCDC GENT�_AI. COMMONS 1910-3 (1990 EDMON� ad CITY OF FORT COT T RZ MODIFICATIONS Correction or Removal of 10.4.1, 13.11 Correction Period 13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Obsen-ation by ENGINEER ................................ .............................. 9.2 OWNER 'May Stop Work .... ............................. 13.10 Prompt Notice of Defects ............13.1 Rejecting----------------------------------------------------- ----- 9.6 Uncovwing the Work 13.8 Definitions 1 Delays ...• ................................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds ............... .. _ 2.1 Delivery of certificates of insurance ............................ ?.7 Determinations for Unit Prices ..............•---•--•---__----- 9.10 Differing Subsurface or Physical Conditions - Notice of 4. 2.3 ENGINEER's Revimv ...... I ................ ..............4.2.4 Possible Contract Documents Change ................. 4.2-5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resoling 2.51 3.3.2. 6.142 Dispute Resolution -- Agreement. ........................... ....................16.1-16.6 Arbitration 16.1-16.5 generall6 Iviediation......................................................16.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ..................9-11-9.12 Documents -- Copiesof ........................................................... Record 6.19 Reuse of ............... ..?.7 Drawings --definition of ------------------------------------- __..__. 1.15 Easements 4-1 Effective date of Agreement - definition of .............1.16 Emergencies— .............. ................................... 6.23 ENGINEER_ asinitial interpreter on disputes ................. 9.11-9.12 definition of 1-17 Limitations on authority and responsibilities----- 9-13 Replacement of ...... ......-------------------------------------- -2 Resident Project RepresentatnT ......... ..... ......• ...... 9.3 ENGINEER's Consultant - definition of 1.18 ENGI IEER's- authority and responsibility, limitations on........ 9.13 Authorized Variations in the Work 9.5 Change Orders, responsibility for...... 9.7, 10, 11, 12 Clarifications and Interpretations ...•-•.,,..... 3.6.3, 9.4 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 ........................................... 29.2 n OWNER's Representative...........................__......4.1 Pa)ments to the CONTRACTOR Responsibility for.....................................9-9, 14 Recommendation of Pa}went--------------------14-4, 14.13 Article or Paragraph Number Responsibilities -Limitations on------------- ----- 9.11-9-13 Re -view of Reports on Differing Subsurface and Physical Conditions.............................42.4 Shop Drawings and Samples, review responsibility._............................................. -?6 Status During Coistruction- authorized variations in the Work, ................... Clarifications and Interpretations ................... 9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price-•-•-•-------•----....9 -10 ENGINEER as Initial Interpreter.-----...9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative------------------------------9.1 Project Representative ................. ..................9.3 Rejecting Defechw Work ................ ......9.6 ...... Shop Drawings, Change Orders and Payments ............................ ------9.7-9.9 Visits to Site_:.".............•------------------------9.2 Unit Price determinations.................................9.10 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 .............•-•--....._ 6-7 error or omissions 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 of 1-19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment...............................14.12 Final Inspection ..... ..... . .. . ................_.. .....14.11 Final Payment - and Acceptance ------------------------------- Prior to, for cash affotmnces 11-9 General Provisions 17.3-17.4 General Requirements - definition of 1.20 principal references to .............. 2.6, 6-4, 6.6-6.7, 6.24 GivingNotice ................................. _.... ...... ........._--17.1 Guarantee of Work -by CONTRACTOR --------- 6.30, 14.12 Hazard Communication Programs .......................... 6-22 Hazardous Waste - definition of ........... .......................................... 1 21 general............................. -........................... ----A-5 OWNER.s responsibility for...............................8.10 EJCDC GENSEL iL. CMI)ITIONS 1910-8 (1990 EDITION) TW CITY- OF FORT CIOLI.IIcS MODIFICATIONS (REV 9:99) Indemnification ................ ............ .-6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ......................... 2.9 Inspection -- Certificates of ................ .............. 9.13-4, 13.5, 14.12 Final ................................... •..... ..14.11 Article or Paragraph Number Special, required byENGINEER .......................... 9.6 Tests and Approval ..... ........................ 8.7, 13.3-13-4 Insurance- Acceptanceofby OWNER.. ....................... 5.14 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 .................... ? 7, 5, 5.3, 5.4.11, 5.4-13, ------------------------5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations... --- ............................... 5.4.13 CONTRACTORs Liability 5.4 CONTRACTOR's objection to coverage_._......._•• 5.14 Contractual Liability 5.4.10 deductible amounts. CONTRACTOR',s responsibility .... ................ ........... ----5.9 Final Application for Payment.........................14.12 Licensed Insurers .5.3 Notice requirements, material changes ........ 5.9, 10.5 Option to Replace ............................................. 5.14 other special insurances.-, ........ ........................ 5.10 OWNER as fiduciary for insureds .......... .--- 5.12-5.13 O�W]I ER's Liability .............................................5 OWNER's Responsibility---------------------- ------•--.....8.5 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.? Labor, Materials and Equipment .............. ............ 6-3-6-5 Lands -- and Easements -------------------...._......................... 8.4 Availabilityof........ ...................................... 4.1, 8.4 Reports and Tests... Laws and Regulations --Laws or Regulations - Bonds 5.1-5.2 Changes in the Work........................................10.4 Contract Documents•-----•-----------------------__._.........3.1 CONTRACTOR'.s Responsibilities ..................... 5.14 Correction Period, defective Work .... ................ 13.12 Cost of the Work taxes ............ ......... ....... .- f 1.4-5.4 definition of...............•---------------------................122 general6.14 Indemnification ....................................... 6.31-6.33 Insurance 5-3 Precedence------------------------- ...................... '_1, 3.3.3 Reference to----------------------- ---------•------ ...........3.3.1 Safety and Protection................................6.20, 13 2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections ................................... 13.5 Use of Premises.................................................6.16 Visits to Site 9-2 Liability Instuance-- CONTRACTOR's-_-_---•--___-__._ -- 5.4 OW NER's 5.5 Licensed Sureties and Insurer.; .............. ........... ........ 5.3 Liens - application for Progress Payment ....................... 14' CONTRACTOR's Warranty of Title -------------------- 14.3 Final Application for Payment .......................... definition of ....................... -......... ................... .1.23 Waiter of Claims 14-15 Limitations on ENGI tEER's authority and responsibilities..- ..............• 9.13 Limited Reliance by CONTRACTOR Authorized. +............... ` .2.2 Maintenance and Operating Manuals - Final Application for Payment .......................... 4.12 Manuals (of others) -- Precedence .......................................... •-•------3-3.3-1 Reference to in Contract Documents ................. 3.3.1 Materials and equipment-- furnisited by CONTRACTOR ............................... 5-3 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----------- 172 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_+ 2 Notice of-- Acceptability-ofProject................. -............. -.... 14.13 Award, definition of 1.25 Claim .. 17.3 Defects,13.1 Differing Subsurface or Physical Conditions ------- 4 2-3 Giving............................................................. .7-1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample.................6.27 Notice to Proceed - definition of ......................... -............................ 1.26 givingof ........................................................... 2.3 HICDC GENERAL COMMONS 1910-8 (1990 EDFf W %V CLI'Y OF FORT COUNS MODIFICATIONS (REV W99) Notification to Surety..............................................10.5 Observations, by ENGINEER. .._..............._..-_._ 6.30, 92 Occupancy of the Mork .................. 5.15, 6.302.4, 14-10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace ....................................... ............. 5.14 Article or Paragraph Number "Or Equal" Items ....................... .6.7 Other Awk 7 Otrrtime Work —prohibition of ................................. 6-3 OWNER - Acceptance ofdq ecttve Work ................ .......... 13.13 appoint an ENGINEER .............................. . .8-2 as fiduciary .................... . __- 5-12-5.13 Availability of Landk responsibility......................1 definition of 127 data, fiunish............................................ .........8-3 May Correct Defective Mork ............................ 13.14 May refuse to make payment.............................14.7 .�MayStop the Work ...................................... --13.10 4fay Suspend Work, Terminate ........... ................8.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3. 14.4, 14.13 performance of other urnk..........................•___--._ 7-1 permits and licenses, requirements_________________ _6.13 purchased insurance requirements ............... 5.6-5.10 OiVNER'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 far decision............................9.11 Inspections, tests and approvals•_ ...... .......... .7, 13.4 Liability Insurance ......................................... ..... 5.5 Notice of Defects 13.1 Representative --During Construction, ENGINEER'S Status ............................... 9.1 Responsibilities — Asbestos, PCBs, Petroleum Hazardous Waste or Radioactive Material ................ 8.10 . Change Orders---------------------------8.6 Changes in the Work 10.1 communications 8.1 CONTRACTOR',s responsibilities------------------ 8.9 evidence of financial arrangement; ..............8.11 inspections, tests and approvals ..................... 8.7 insurance 8.5 lands and easements _ 8.4 promptpayment bv...................................... 8-3 replacement of ENGINEER ...........................3 2 reports and tests ............. ..............................8.4 stop or suspend Work ------------------- 13.10, 15-1 terminate CON RACTOR's services ..................... ..................... 15.2 separate representative at site..............................9.3 Id testing, independent ............ -............................ 13-4 use or occupancy of the tVoik ........................5.15, 6.342.4, 14.10 written consent or approval required ... ___ ....... ....................... 9-1, 6.3, 11.4 ETCDC GENERAL CONDITIONS 1910-8 {1990 EDMOND w1 CITY OF FORT COLLINS MODIFICATIONS (PE4 999) Article or Paragraph Number written notice required .................... ----7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs - definition of ....................................................1.29 general..............................................................4.5 OW- ER's responsibility far ............................... 9.10 Partial Utilization -- definition of ........................................... 128 general 6.30 2.4, 14.10 Property Insurance ............................................. .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 ProgressPa}ments......................14.2 CONTRAC:TOWs Warranty of Title -------------------- 14.3 Final Application for Payment ......................... 14.12 Final Inspection ----------•.....................••---•--------14.11 Final Payment and Acceptance................ 14.13-14.14 general ............ ........ ...... 8.3, 14 Partial Utilization 14.10 Retainaee 14.2 Review of Applications for Progress Paymen................................. prompt payment..................................... ...........8.3 Schedule of Values- ........................... -................ 14-1 Substantial Completiau.......................... .... 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 Permits............................................................. 6.13 Petroleum -- definition of 1.30 general .......... -• ------4.5 OWNER's responsibility for ............................... 8.10 Physical Conditions - Drawings of in or relating to ........................ 4.2.12 ENGL tEER's review 4.2.4 existing structures ............................................. .2 2 general 4.2-1.2 Notice of Differing Subsurface. or, .... ---------------- •4.2.3 Possible Contract Documents Change_._._ ........... 4.2.5 Passible Price and Times Adjustments ............. _42.6 Reports and Drawings ............... ____.................... 4.2.1 Subsurface and, 4.2 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facihties- general--------------------------------------------------------.4.3 Not Sho%m or Indicted..............................4.3.2 Protection of ....................... - ............... 20 M Article or Paragraph Number Shown or Indicated .............................................. A.3-1 Technical Data------------------------------------------------2-2 Preccnstruction Conference ........................... ............ 2-8 Preliminary Ifarters.................. _...... _..._.. _.. _.. _....... _...2 Preliminary Schedules...-•----------------------------------...._. 2.6 Premises, Use of .......... ...... ..............-------------- 6-16-6.18 Price, Change of Contract .......................................... II Price, Contract -definition of_• -------- ------------------------ 1.11 Progress Payment; Applications for .......................... 14.2 Progress Payment--retainage................................... 14-2 Progress .schedule, CONTRACTOR's............. 2.6, 2-8, 2.9; ........................... 6-6, 6.29, 10.4, 15.2.1 Project --definition of --------------------- -------------------------- 1-31 Project Representative- ENGhNEER's Status DuringConstruction ....... ..... 9-3 Project Representative, Resident -definition of _________ 1.33 prompt payment by OWNER.......... _ .8.3 Property Insurance-- Additional---•------------------••---••• -------5.7 genera 5-6-5.10 Partial Utilization -------_•_••_-v,---------------- 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 14.11 Radioactivre Material- 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 3-3 Regulations, Laws and(or)______________________________________ 6.14 Rejecting Defective Work ............................... 9-6 Related Work -- atSite--------------------------------------------------------7.1-7.3 Performed prior to Shop Drawings and Samples .submittals review ... .................. 6.28 Remedies, cumulative--- ------------------------------17.4, -•.•• 17-5 Removal or Correction ofDefective Work-------- -•_ ----•13.11 rental agreements, OWE ER approval required ....11-4.5.3 replacement of ENGINEER, by OWNER..................... .2 Reporting and Resolving Discrepancies ................................ 2.5, 3.3-2, 6.14.2 Reports - and Drawings ................................................ 4.2.1 and Tests; OWNERsresponsibility ...... ................ 8-4 Resident and Project Representative - definition of ------------------------ ---- .1.33 provision for.............................................................9.3 E1CDC GENSRAI. CONDITIONS 1910-8 (1---M EDIT M0 wd CITY- OF FORT COMNS MODIFICATIONS (REV A 99) Article or Paragraph Number Resident Superintendent, CONTRACTOR`S......... ..... - 6.2 Responsibilities-- CONTRACTOR's-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on .............................................. 9.13 OWNNER's-in general ............................................. 8 Retainage................ .......... ........ ........................... 14.2 Reuse of Documents ............................................-•-• '-7 Rniew by CONTRACTOR- Shop Drawings and Samples Prior to Submittal .......................-6.25 Review of Applications for Progress Payments -------------------- ---------------- 14.4-14.7 Right to an adjustment....- .........................10.2 Rightsof Way .......................................................... 4.1 Royalties, Patent Fees and ....................................... 6.12 Safe Structural Loading..........................................6.18 Safety - and Protection 43-2, 6.16, 6-18, .................. 6-20-6-21, 7-2, 13.2 general ----------------------- -•-6.'20-6.23 Representative, CONTRACTOR'S 621 Samples - definition of------------------•----.............................-1.34 general ....................... . .6.24-6.28 Review by CONTRACTOR ................................ 6 25 Review by ENGINEER, ....................... .. .....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, 6.61 -----------------------------------------6.9, 10-4, 15.2-1 Schedule of Shop Drawing and Sample Submittals ............................ -•1-6, 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 Times..............................--.10-4 Initially Acceptable...... .............. 2.8, 2.9 Preliminary .................................................. . ._ .2.6 Scope of Changes... .................................... 103-10.4 Subsurface Conditions-----------------------------•---------4.2.1.1 Shop Drawings - and Samples, general ................... --,--....-.. 6.2.3-6:?8 Change Orders & Applications for Payments, and 9.7-9.9 definition of--•................................ .................1.35 ENGINEER'S approval of ................ ................. 3.6.2 ENGINEER'S responsibility for review------------------------------------9-7, 6.24 6.28 related Work ........................... -------------------------6.28 review procedures. ............................... 2.8: 6.24-6.28 Article or Paragraph Number submittal required ....................................... . ...... . 6.24-1 Submittal Procedures.........................................6.25 use to apprcn a substitutions .............................. 6.7.3 Shown or Indicated 4.3.1 Site Access 7.2), 132 Site Cleanliness 6.17 Site, Visits to - by ENGINEER...... 9. 2, 13.2 by others 132 "special causes of loss" policy form, . insurance 5.6.2 _ definition of ........................ ..-•----......_........_...1.36 Specifications- defmation of .................................................... 1.36 of Technical Societies, reference to ................... 3.3.1 precedence.................................................... ..3.3.3 Standards and Specifications of Technical Societies 3.3 Starting Construction, Before--------------.-----------..._2.5-2.8 Starting the. Work ............ - .....•--------------------------. ----.2.4 Stop or Suspend Work-- byCONPRACTOR--------...._.................... ......15-5 by OWNER .....................................8.8, 13.10, 15.1 Storage of materials and equipment- .............. -.4-11 7.2 Structural Loading, Safety........................................6.18 Subcontractor - Concerning, ............ .................................. 6.8-6.11 definition of-- ...................................... ............ 1-37 waiver of rights------------------- ................. ............ 6.11 Subcontractors -in general ........ ......................... 6.8-6.11 Subcontracts -required provisions .......... 5.11, 6.11, 11.4.3 Submittals - Applications for Payment ......................... --- 14.2 Maintenance and Operation Manuals .............. 14.12 Procedures 6-25 Progress Schedules ........... ........ _................... 2.6. 2.9 Samples -------------------------------------------- •---•-.6.2-4-6.28 Schedule of Values-...................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions. . ................... _......._ _..... _2.6. 2.9--2.9 Shop Drawings---------------------- .................. 6.24-6 28 Substantial Completion - certification of............................6.30.2-3, 14-8-14.9 definition of 138 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Items .............. ...-------------- 6.7 CONTRACTOR's E.xpense--------------------------- 6.7.1.3 ENGINEER's EvaIuation.................................6.7.3 "Or -Equal .............. ---- •------------------•-•--......6.7.1.1 Substitute Construction Methods HICDC GENSRAL CONDITIONS 1910-3 (1990 EDMOM w1 CITY OF FORT COII.IIvS MODIFICATIONS (RED' 9199) Article or Paragraph Ntnmber or Procedures.............................................6.7.2 Substitute Items ................. ----------- -................ .7.L2 Subsurface and Physical Conditions-- Draaings of in or relatng to .... ......... .•---•_••-• 1.2.1.2 ENGINEER's ILMevv 4.2.4 general....... ....... .. ..............................................4-2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions .................. ........................ 4.2.3 Physical Conditions ................... -------------------- 4.2.1.2 Possible Contract Documents Change ................ 4.2-5 Possible Price andTimes Adjustments ................ 4."2.6 Reports and Drawings_____________________________________ . 4.2.1 Subsurface and 4.2 Subsurface Conditions at the Site ................... 2 4..1.1 Technical Data 4.2.2 Supervision_ CONTRACTOR's responsibility-------------------------- 6.1 OWNER shall not supervise --... ---...................... -3.9 ENGINEER shall not superivise................ 9.2, 9.13? Superintendence, ....................................... -------........ 6.2 Superintendent, CONTRACTOR's resident_ .............6.2 Supplemental costs .......................... -............ -....... 1.4.5 Supplementary Conditions - definition o£.....................................................1.39 principal references to.................1.10, 1.18, 2.2, 17, _______________________ 4.2. 4.3, 5.1, 5.31 5.4, 5.6-5.9, ________________ 5.11, 6.8, 6.13, 7.47 8.11, 9.3, 9.10 Supplementing Contract Documents .......................... .6 Supplier - definition of ....................•------------....._--* ...... ._...1-40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, -•----•..........................•---•--•-6.24. 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 .......................11M 15.1 Suspension of Work and Termination- ......................15 CONTRACTOR )Yfay Stop Work or Terminate :........... ... 15.5 OWNERMaySuspend'%Tork..................... ........15.1 OWNER May Terminate ............................. Takes --Payment by CONTRACTOR ....................... 6.15 Technical Data -- Limited Reliance by CONTRACTOR.................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities ............................. 4_1 Article or Paragraph Number Termination -- by, CONTRACTOR -------------------------------------------15.5 by OWNER. ......................................... 3.8, 15.1-15.4 of ENGINEER's employsuent......... 8.2 Suspension of Work-in general_ _.. _ _. _. _ _ .... .. ......... ..15 Terms and Adjectives------.•--------•............................3-4 Tests and Inspections -- Access to the Work, by others --------------------- 13.2 CONTRACTOR's responsibilities ...... •-_•__........... 13.5 cost of 13.4 covering Work prior to . ........... ..•-•-------_---13.6-13.7 - Lars and Regulations(or)................................ 13.5 Notice of Defects _........ .._13.1 OWNER May Stop Work ................................. 13.10 OWNEWs independent testing..........................13.4 speaaL required by ENGINEER -------------------------9-6 timely notice required ................._._..__.._.._._..._ _ 13.4 Uncovering the Work, at ENGINEER's request ..............-. 13.8-13.9 Times- Adji=ing�.......................................... ---............. -6 Change of Contract --•------------------------------_---_-__----12 Computation o£................................ -....... -....... 17-2 Contract Times -definition o£ ......................... --1.12 day•----------------------------- --------------------------- 17.2.2 Milestones......•••............................................. ....12 Requirements- appeals---------------------------------..... ........ . _ 16 clarifications, claims and disputes, ................ -9.11, 11.2, 12 Commencement of Contract Times ................. 2.3 Preconstruction Conference 2-3 schedules ----------------------------------------- ?_6, 2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of ---------------------------------------------------- 14.3 Uncmering 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 ....._..._._ 11.9-3 definition of ........................................ ------...1.42 generall1.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for-•-----------------•---......_.._..----_---- 9.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners ..................... 20, 7.1-7.3, 13. Utilization; Partial...................1.28, 5.15, 6.30.2.4, 1410 Value of the Work .................................. ........_._......11.3 Values, Schedule of-, ......................... _.2.6. 2.8-2.9, 14.1 FJCDC GEN�F.It.AL CONZa1T O S 1910-5 (1990 EDMON) %a = OF FORT COLLINS MODIFICATIONS (REV A'99) Variations in Work --Minor :authorized........................................6.25, 6.�7, 9_5 Article or Paragraph Number Visits to Site --by ENGINEER .......... ......................... 92 %Vai-,-er of Claims --on Final Payment ......................14.15 Wai-v-er of Ruts by insured parties. ........... •5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR 630 Warranty of Title, COIvURACTOR's.............. .........14.3 Work — Access to 13.2 byothers_ -................................. ....... 7 Changes in the ........................----........._. ............ Continuing the------------------------------------------------- 6.29 CONTRACTOR May Stop Work or Terminate 15.5 Coordination of 7-4 Cast of the ....................... .... 11.4-11.5 definition of 1.43 ............... neglected by CONTRACTOR...........................13.14 other Work 7 OWNER vlay Stop Work---------------------------------13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the,. ........................ 2.4 .................... Stopping by CONTRACTOR. -.•--------- .... ------------ 1,5.5 Stopping by Obi NEP-----------------_------.-._....15.1-15.4 Variation and de,,.zaticn authorized, minor ........... 3-6 Work Change Directive — claims pursuant to...........................................J0.2 definition of 1.44 principal references to ............... ••.,• .5.3, 10.1-10.2 Written Amendment— definition of 1.45 principal references to_ ............. 1.10, 3.5, 5-10,15.12; -- ----------------------6.6.2, 6.8.2, 6.19, 10.1, 10.41 11.2. 12.1, 13.122, 14.7.2 Written Clarifications and Interpretations _.___.._.__.-................. ...3.6.3, 9.4, 9-11 iVritten Notice Required — by CONTRACTOR 7.1. 9-10-9.11, ----------•-------------------------------- 10.4, 1L1 12-1 by OWNER .................. ..9.10-9.11, 10.4, 11.2, 13.14 ac EICDC GENIMA . CONDITIONS 1910-5 (1990 EDIIION� wY CITY OF FONT COLLD;S MODIFICAMNS U EV 9)99) (This page Ieft blank intentionally) ni EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION wi CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: City Service Provider City of Fort Collins Wildcat Civil Services Attn: Attn: Timothy L. Carroll PO Box 580 7915 Cherrywood Loop Fort Collins, CO 80522 Kiowa, CO 81007 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. STD SA WO rev07/09 3 GENERAL, CONDITIONS ARTICT:E I—DEM. 7MO' 'Whffmw used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to bath the singular and plural thereof. 1-1. A&anda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct. or chi the Bidding Requirements or the Contract Documents. 12. Agreement —The written contract betsceen OWNER and CONTRACTOR covering the tVcrk to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein 1-3. Apphrcw fon for Payment —The form accepted by ENGINEER lriuich 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 Achminist ration 1-5. Bid —The offer or proposal of the bidder submitted on the prescribed foam setting forth the prices for the Work to be performed. 1-6- Bidding Donanents—The advertisement or imitation to Bid instructions to bidders, the Bid f nux, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1-7. Bidding Requ6vm nts—The advertisement or imitation to Bid, instruction to bidder, and the Bid f = 1-8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Cluntge Order —a document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or recision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the E1%ctive Date of the Agreement- 1.10. Contract Document; —The agreement, Addenda (Which. pertain to the Contract Documents), CONIRACTORs. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) wbm attached as an eshrbit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 191" (1.990 Edmam) ui CITY OF FORT COLLNS MODMCATTONS (EiEV 4�2000) same are more specifically identified in the Agreement, together with all �Vntten Amendments Change Orders, %,York Change Directives, Field Orders and EI iGD=s written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing .submittals approved pursuant to paragraphs 626 and 627 and the reports and dratvinp referred to in paragraphs 42.1 and 4.22 are not Contract Doc units. 1.11. Conmtct FKce—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 ofUnit Price Work)- 1.12. Conmwt Tim—m—Tice 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 ENIGINEER's written recommendation of final payvrent in accordance with paragraph 14-13. 1.13. COMR4CTOR—The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —au 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 or 14.10). 1.15. D1 axings—The dravnn_gs 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 Drawmzs as so defined- 1.16. Fff7 ectfve Date of the agreement --Tice date indicated in the vent on which it becomes effective, butif 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- 1.17. DOGLVE'r:R—The person, firm or corporation named as such in the Agreement 1.18. EVGIIv'EER's Consultant -A person, firm or corporation hatimzg�g- a contract with ENGDEER to finnish services as ENGINEER's independent professional associate or consultant with respell to the Project and who is ideatif ed as such in the Supplementary Conditionw, 1.19- Field Order —a written order issued by ENGINEER which orders minor chi in the Work in accordance with paragraph 9.5 but which does not im-olve a change in the Contract Price or the Contract Times. 120. General ReTifreinents Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the weaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a. Laws and Regulations; Lass or Regulations —any and all applicable lain rules, regulations, ordinances, codes and orders of any and all goverzrninital bodies, agencies, authorities and courts having jurisdiction- 1.22.b. Legal Hohdcns—.,hall be those holidays obsen,-ed b� the City of Fort Collins. 123. Liens -Liens charges, security interests or encumbrances upon real property or personal property. 124. ftlesrone--A principal event specified in the Contract Documents relating to an internmediate completion date or time prior to Substantial Completion of all the Work 125. Notice of AKurd—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent s uccessfid bidder with the conditions precedent enumerated therein, within the time .specified, OWNER will sign and deliver the Agreement- 126. Notice to Pi oceed—A written notice given by OWNER to CONT I ACTOR (with a copy to E iGDgEER) 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_ 127. Oi3NER—The public body or authority, corporatiori. association, firm or person with whom. CONTRACTOR has entered into the Agreement and for whom. the Wcuk is to be provided 128. Partial Unli_ation—Use by OWNER of a substantial completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Wodc 129. PCBs —Polychlorinated biphenyls. 130. Petroleum —Petroleum, inC� nude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per ware inch absolute): such as oiL petroleum fuel oils oil sludge, oil refine, gasoline, kerosene and oil nixed with other non -Hazardous Wastes and crude oils. 131. Project—Tbe total construction of --Adch the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documen s;- 132.a. Radioactive 4laterfalSource, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GRMLAL CONDMONS 1910-8 (1900 Ecbtiom) Wf CITY OF FORT COLLINS MODIFICATIONS P EV fr_'000) 1954 (42 USC Section 2011 et seq-) as amended from tine to time. 1.32-b- ReTilar Morking Hours —Regular working hour are defined as 7:00am to 6.00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —Time authorized representative of ENGI]tEER who may be assigned to the site or any part thereof 134. Samples —Physical examples of materials, equipment,, or w that are representative .of some portion of� and u12ioh establish the standards by which such portion of the Work. will be judged 1.35. Shop L)rawing-- all drawings, dia_g� ,�S illustrations, schedules and other data or information which are ,specifically prepared or assenibled. by or for CONTRACTOR and submitted' by CONMAC"TOR to illustrate some portion of the Work. 1.36. Sperrficatfons—Those portions of the Contract Documents consisting of written.technicai descriptions of materials, equipment, construction systems, standards and uwkrnanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontmctor—An individual, firm or corporation baying a direct contract with CONTRACTOR or with any other Subcontractor for the perfrnnUance of a part of the Work at the .site: 1.38. Substantial Completion —The Wort (or a specified part thereof has progressed to the point where, in the opinion of ENGINEER 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 fix final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed' as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementany Conditions -The port of the Contract Documents which amends or supplements these General Conditiom- 1.40. Supplier —A manthcturer, .fabricator, supplier, distributor, materialman ar vendor having a direct contract with CONUFACTOR or with any 'tubcontiacto r to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor- 1.41- Uudayround Faciliftes—All 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 funish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage remo-ml, traffic or other controlsystems or dater_ 1.42. Unit Pfice_ Monk—!Xlork to be paid for on the basis. of trait prices_ 1.43. Mork —The entire completed commotion or the various separately identifiable parts thereof required to be famished under the Contract Doctunents. Work includes and is the result of performing or fiunishig labor and fitmishing and incorporating materials and equipment into the construction, and performing or fiumishing services and fiumishing documents, all as required by the Contract Documents_ 1.44. Work Change Dir ecttve -A written directive to CONTRACTOR issued on or after the Efliectsm Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to dieing or unforeseen physical conditions under which the Work is to be performed as provided in paragaph 4.2 or 4.3 or to emergencies under paragraph 623. A Work Change Duecti-m will not change time Contract Price or the Contract Times; but is evidence that the parties expect that the cbange directed or documented by a Work Change Directive %-ill be incorporated in a .subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tunes as provided in paragraph 14.2. I A5. Totten Amf.ndnrenr A written amendment of the Contract Dacus sited by OWNER. and CONTRACTOR on or after the Effective Date of the -Agreement and nommaliy dealing with the nonengineering or nontechnical rather than strictly constriction -related aspects of the Contract Documents. ARTICLE 2—PRELLI� 1LATTERS Deliver- of Bonus: 2.1. When CONTRACTOR delivers the executed Agreements to OWWER CONTRACTOR shall also deliver to OWNER such Sands as CONTRACTOR may be required to fiunish in accordance pith paragraph 5.1 _ Copies of Docurlrents: 2 2 OWNER shall fimmish 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 famished, upon request at the cost of reproduction Corrrrnerrcerternt of Contract Titres; Aolice to Proceed: 3. The Contract Times will commence to rut on the thirtieth day after the Effective Date of the Agreement, or; EJCDC GMIXU. CONDITIONS 1910-8 (1990 F,ddhnn) u•1 CrrY OF FORT COLLLNS MODIFICATIONS aE A,'?600) if a Notice to Proceed is gi yea 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 Agreemment. In t ,';'ill �•},e Gaat3�4 Timer. .Starting the Mork. 2.4. CONTRACTOR :stall start to perform the Work on the date when the Contract Times connnence to ran, but no Wod: ,shall be done at the :site prior to the date on which the Contract Times commence to ran. Before .Starting Constnrction. 2.5. Before undertaking each part of the Work CONTRACTOR shall careftmlly 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 discm-er and shall obtaim a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; ho%iev-er, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report. any conflict error, ambiguity; or discrepancy in the Contract Document,, unless CONTRACTOR knew or reasonably should have known thereof 2.6_ Within ten dais after the Effective Date of the Agreement (unless otherwise .fled in the General Re,quiremeats), CONTRACTOR shall submit to ENGINEER for review: 2.6_1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing thevarious stages of the Work, including any i4fileones specified in the Contract Documents; 2.6?. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, renewing and processing such submittal; 162.1. In no case will a schedule be acceptable winch allows less than 21 calendar days for each review by Fmzineer. 2.6.3. A preliminary schedule of vahmes for all of the Work which will include quantities and prices of items aggregating the Contract Price and will mbdivide the Work into component parts in sufficient detail to sense as the basis for progress payments during construction_ Such prices will include an appropriate anwunt of overhead and profit applicable to each item of Wards 2.7. Before any Wow at the site is started CONTRACTOR ;igid C)Wlb� ,shall eaGh deliver to tho ether OWNER with copies to identified in the StWkenientafy Ge FYGINEER certificates of insurance (and other evidence of insurance F--te# Aed by OLi,'N� which C:ONTR. CTOF@ is required UP - se m to purcha_ and aintain in accordance with paragraphs 5.4, 5.6 a"ar. Preco►rstnrction Conference. 2.8. Within twenty days after the Contract Times start to run, but before any stark at the site is started, a conference attended by CO-14TRACTOK ENGIN= and otters as appropriate will be held to establish a working understanding amang 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 Pa)meat and main �inina required records: I►titiaky .acceptable .Schedules: 2.9. Unless otherwise provided in the Contract Documents, before mW,.xrork at the ,site begins a ccunfierence attended by CONTRACTOR— ENGINEER and others as appoptiate dos ed by OXVNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 16. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as. prrnided below. The progress schedule will be acceptable to ENGI = as providing an orderly progression of the Work to completion within. any specified' Milestones and the Contract Times, but such acceptance will neither m4x)se on ENGINEER responsibility for the sequencing, scheduling or progress of the EVrork nor interfere with or relieve. CONTRACTOR from CONTRACTOWs fiull responsibility therefor. CONIRACTOWs schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable a*x-angrment for revie,AuLg and processing the raluired submittals CONTMACTOWs schedule of values wal be acceptable to ENGINFER as to form and substance_ ARTICLE 3—00\TR -kCT DOCUME_N- TS: WMN T, ��MN-DLN, G. REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between MINER and CONTRACTOR concerning the Work_ The Contract Documents are complementary; what is called for by one is as binding as if called fur by all- The Contract Documents will be consented in accordance with the law of the place of the Project. 3.2_ It is the intent of the Contract Documents to EJCDC GENERAL. CONDMONS 1910-8 (1990 EdMU3) w.+.CITY OF FORT COLLINS MODIFICATIONS JEV 2000) describe a futnctionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any %'rock 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 flun_sed and performed ,whether or not specifically called for. When words or phrases which have a well-k-rimin technical or construction industry or trade meaning are used to describe Work, materials or equipment,�m& words or phrases shall be interpreted in accordance with that meanie-- Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4_ 3.3. Reference to .Standards and Speciftcations of Technical .Societies; Reporting and Resolving Discrepmecies: 3.3.1. Reference tb standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any goyemntmtal authority, whether such reference be specific cr by implication, shall mean the latest standard specification, mamial, code or Laws or Regulations in effect at the time of opening ofBids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3:3.2. It during the performance of the Work, CONTRACTOR disco-vers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision ,of any such Lahr or Regulation applicable to the performance of the Mork 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, CONT RACTOR shall not proceed with the Mork affected thereby (except in an eu�rgency 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 ppi�caa .tphh 3.5 or 3.6; provided, however, that COIv71 ROR 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 3.33. 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 parsgpp-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 3.3.3.1. the provisions of any such standard, specification, manual code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 33.3?_ the provisions of any such Laws cr Regulation, applicable to the performance of the Work (unless .such an interpretation of the provisions of the. Contract Documkents would result in violation of such Law or Regulation). No provision of any such :standard, specification, manual code or instruction shall .be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENG][ iE.ER, or any of their .subcontractors, consultants, ads or employees from, those set forth in the Contract I5o 1 rcr meats, nor shall it be effective to assign to OWFNFR. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to .sttperise or direct the fiunishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents_ 3.4. WUeuev er in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or term of like effect or import are used or the adjectives "reasonable". "suitable", "acceptable", "proper" or ".satisfactory' or adjectives of like effect or import are used to describe a requireniesu, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgement will be .solely to evaluate, in general, the completed Work for comt haiice with the requirements of and information in the Contract Documents and conf n manse with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a .specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of fire Work or any duty or authority to undertake respon ibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents_ _3n►en&ng and S7►pple►nenting Contract Docrnneuts: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisiaas 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:lmrndrnp*+t 3.52_ a Change Order (pursuant to paragraph 10.4), or EJCDC G 4MUL CONDITIONS 1910-8 (1990 Edid m) col CITY OF FORT COLUNI S MODIFICATIONS (RED'+-2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1)_ 3.6_ In addition, the recittuements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1_ A Field Order (pursuant to paragraph 9.5), 3.62. EN(GR d=s approval of a Shop Drawing or Sample (pursuant to paragraphs 626 and 6 27), or 3.6.3. .Fri tGINEER!s %tatter interpretation. of clarification (pursu= to paragraph 9 A). Reuse of Docuunents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or fniriching any of the Work under a direct or .indirect contract with OWNER (i) shall not have or acquire any title to or ownership ngjits in any of the Drawings, Specifications or other documents (or copies of any thereat) prepared by or bearing the .seat of ERGI EER or ENGII=s Consultant, and (ii) shall sot reuse any of such Drawings, Specifications_ otimer 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 ENG]21EER ARTICLE 4—AV :AIL ABILIII' OF L:A--DS; SUBSURFACE ?k--D PHYSICAL CONDMOrS; REFERE`CE POUTS Avaf'1abi&y of Lauds: 4.1. OWNER shall fimrni-:h as indicated in the Contract Documents, the lands upon which the Work is to be performed, nghts-0of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR _ aver fi kGhaw ^'_ lien agaiR4 -Rirh I�adg in OWNER shall identify any encumi races or restrictions not of general application but specifically related to use of lands so flunished with which CONTRACTOR Gill 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 adjustments in the Contract Price or the Coact Times as a result of any delay in OWNER's furnishing these lands, nghts-of- way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurrface and Plrt sical Con&tions: 42.1. Reports and Draxvrgs: Reference is made to the Supplementary Conditions for identification of: 2.1.1. Submuface Condition:: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGN= in preparing the Contract Docun ; and 42.1.2. Ptnsical Conditions: Those draw;�� of physical conditions in or relating to existing surface or subsurface Anrctures at or contiguous to the site (except Underground Facilities) that have been utilized by E'a 1GIN= in preparing the Contract Doctumeits. 4.2 2. Limited Reliance by COWR•jCTOR Authorfzed; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such ieparts 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 aeamst OWNER ENGINEER or any of ENGD4=s Consultants with respect to: 4.2.2.1. the completeness of .such reports and drawings. for CONTRACTOWs purposes, incituding, but not limited to, any aspects of the nuns, methods techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.22. other data; interpretations, opinions and information contained in ,such reports or :shown or indicated in such drawings, or 4.2.2-3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or inforntatim 4.2.3. -Notice of Differing Subsurface or PTnsical Con&tions: 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 42.1 and 4.2 2 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3_ differs materially from that shown or EICDC GENMAL CONDMONS 1910-8 (1990 E(bd,* case CTTY OF FORT COUDIS MODIFICATIONS (REV 4- 000) indicated in the Contract. Documents, or 4.2.3.4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall greed inmtediateIv after becon=ig aware thereof and before fluther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and I'i tGIN= in writing about such condition. CONTRACTOR shall not further disturb .such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4214. D GZbrER's ReuIeur ENGINEER will promptly review the pertinent conditions, determine the necessity ofOWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENIGINEER's findings and conchusions. 4.2.5. Possible Contract Doctanents Chan- ge If ENGIiN= 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 parapaph 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 rmes A tcstments: An equitable adjustment in the Contract Thm or in the Contract Times, or both, will be allowed to the extern that the existence of such uncovered or revealed condition causes an increase or decrease in CONIRACTOR's cost of or time required for performance o f the Work; subject, however, to the following: 42.6.1. such condition must meet any one or more of the categories described in paragraphs 42.3.1 through 4.2-3.4, indusiv.v, 4.2.62_ a change in the Contract Documents pursuant to paragraph 42.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such w4iLstmenr 4.2.6.3. with respect to Work that is paid fix 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 shall not be entitled to anv adjustment in the Contract Price or Times if 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the. time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the zibmis.sion of a bid or becomina bound under a negotiated ceritract; or 4 2.6.4?. the existence of such condition could reasonably have been discovered or revealed as a result of any examination. investigation, e~xpioratiom test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTR.ACTOR's making such final commitment; or 4.2.6. t.3. CONTRACTOR fiuiled to en-e the written notice within the time and as regmred by paragraph 4 23. 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 made therefor as prodded in Articles 11 and 12. Howes,. OW?NUL ENGINEER. and ENGI`JEER's Consultants shall not be liable to CONTRACTOR &T any claims, costs, losses or damages sustained by CONTRA&OR on or in connection with any other project or anticipated project. 4.3. Physical Con&dons—L rrderground Facilities: 43.1. Shou4n or Ldicated: The information and data sho«u or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguousto the site is based on iafrnnntion and data u fimito OWNER or ENIGINEER by the owmen of such Underground Facilities or by others_ Unless it is otherwise expressly prodded in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall riot be responsible for the accuracy or completeness of any such infoausation or data; and 43.1 2. The co -A of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (i) rLniewing and checking all such intion and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents -(in) coordination of the Work with the owners of such Underground Facilities during construction; and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work_ 43.2. Not Shorn or Imifcated: 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, pr3 immediately after beceaune aware thereof and before further disturbing conditions affected thereby or 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 C01,=ONS 1910-8 (I M Edition) wf CTF7i' OF FORT COLLLYS MODMCIAEIONS (?LEA 4l2oW) gi;-e uritteu notice to that owner and to O SEWER and ENGINEER EL GL = will promptly re -view 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 iirork 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 ruble for the safety and protection of .such Underground Facility as otiided in paragraph 6.20. CONTRACTOR shall may be alloured anincrease 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 Documents and that CONTRACTOR did not know of and could not reasonably have been aKpected to be aware of or to have anticipated, If 01MINER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in articles 11 and 12. However. OWNER, ENG cI = and ENGINEER'.s Consultants shall not be liable to CONTRACTOR for any claims, cost, losses or damages insured or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall pro,.zde engineering surrye}.:s to establish reference points for ccrostr ction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the %rock, shall protect and preserve the established reference points and shall make no chances or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be responsible for the accurate replacement or relocation of such reference points by professionall}, qualified Personnel. 4.5. Asbestog PCBs, Perroleunt, HazaMor►s ffrwe or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial 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. - - - - - - - - - - - @ AN I M, . . ....... . AM; 01 INIM-211"M M_ ---- ------- ------ U. ----- ------------ . .. ......... EkDC G2qERAL CONDMONS 1910-8 (1-490 E&h* wl CITY OF FORT COLUNS MODIFICATIONS CM' V2000) ARTICLE LBONDS.J.ND r, �STJKANCI' Petforwance, Pepnenf and Other.Bonds: 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 paymimt of all CONMACTOTs obligations under the: Contract Documents. These Bonds shall remain in effect at least until one year after the date c im final payment becomes due, except as pro%rided otherwise by Laws or Regulations or by the. Contract 6oc-. CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions- All Bonds shall be in the form prescribed by the Contract Docutnents, L-ccept as prmided otherwise by Laws or Regulations and shall be &.ecuted by such .sureties as are named in the. current list of "Companies Holdiag Certificates of Authority. as Acceptable Sureties on Federal. Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the .4.itdit Staff Bureau of Goiwoment Financial Operations, U.S. Treasury Department. All Bonds signed. by an agent mist be accompanied by a certified copy of such agents --authority to act. 5.22. If the surety on "any, Bond fi=ished by CONTRACTOR is declared a bankrupt or becomes insol-,eut- or its right. to' do business is terminated in any state,milere any part of the Project is located or i it ceases to meet the requirements of paragraph 5-1. COMERACTOR shall within ten days thereafter substitute another. Bond and surety, both of which must be acceptable to OWNER 4.0'. Liceirfed Sureties and Insuren; CetWflcates of bmorance.' 5.a.1. All Ekm& and insurance required - by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtanied from . surety or insurance companies that are duly licensed or authorized in the junA-ction in which the Project is located to issue Bamk or insurance policies for the limits. and c(n-era_gessorequired. such surety and insurance companies shall also 'meet such additional requirements and qualifications as may be prcn-ided in the Supplementuy Conditions. 53-2. CONTRACTOR shall deh�er 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) %131ch CONTRACTOR is required. to purchase and maintain in accordance with paragraph 5.4- Aim 'hall &Jivev- to GONTRUZOR- Vi& G%pies to @-a-r--% jwsted by GMTM A CIOR C=9M haw 20d 032iataia in M.itla pm_ .1 5- 1 5.7 hffee COATR-ICTOR's LiabiHo, Insurance. 5-4. CONTRACTOR shall ptrchase and maintain such liability and other insurance as is appropriate for the Wcrk being performed and f unis►wd and as .gill provide protection from claims set forth below oduch may arise out of or result from CONMkCTOR's performance and fiumishing of the Work and CONTRaCTOR's other obligations under the Contract Documents, whether it is to be performed or famished ' by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly loved by any of them to perform or Runisu any of the Work, or by anyone for whose acts any of them may be liable: 5-4.1. claims under workers' compensation: disability benefits and other similar employee benefit acts; 5.4.2. 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; 5.4.5. claims. for damages, other than to the Work itself because of injury to or destruction of tangible property wierever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily rn� or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. / The policies of in Au once so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.43 through 5.4.6. inclusive and 5.4-9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER ENGINEER, ENi rGR4=.s Consultants and any other persons or entities identified in the Supplementary Conditions, all of wdx= shall be listed as additional insureds. and include cve ase 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, 5.49- include completed operations insurance; ErCOC Gr' qM4 L CONDITION S t9 to-s (199a Fdirion) w CrrY OF FORT COLLINS IMODIRCATIONS qEV 4e2006) 5.4.10. indude contractual liability insurance covering CONTRACTOR's indemnity obligations winder paragraphs 612,616 and 6.31 through 6_�-3; 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 uvntten notice has been ?t%-m 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 tarnished by the CONTRACTOR pursuant to paragraph 5.3:2 ,will .so provide); 5.4.12. rem -tin in effect at least until final payment and at all times thereafter wbeu 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 tnsvrance coverage written on a claims -made basis. remain in effect for at least taro years after final payment (and CONTRACTOR shall fiunish 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). OTYNVER's Liabr7ity I►►.sunvice: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at MWERs option, may pumbase and tmintain at OWNER's expense OWNER's oun liability insurance as will protect. OWNER against clam which may arise from: operations under the Contract Documents. Properi tiv In.s►trm►ce: Min h 17! WM 111 we Mr FOR . _ -...-.« 5.9- MNER shall not be responsible for purchasing and Qtiai=imng any property umwance to protect the interests of CONTRACTOR Subcontractors or others in dip Vr C-Ga-d-it-iGag- The ri;k of EICDC GR iMAL. CX)I,.DIf ONS 1910-8 (IM Editi* 10 wi = OF FORT COLLNS MODIFICATIONS (REV, - 2000) i ...Nf ._ Yf • it^. Wiw- 0.11TWIN, 'J. 4199! N. I /9_I• ol!MINE'1! - - POP WIN.- s �• • t 7! Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. STD SA WO rev07/09 4 Receipt mid Applieatioit ofInFurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 i.ill be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their .interests may appear, 'subject to the requirements of an v applicable mortgage clause and of paragraph 5.13.: OWNER, shall deposit in a separate acco=-any money so received, and shall distribute it in accordance with such agreement as the parties in inhered may reach If no other special agreement is reached the damaged'Work shall be repaired or replaced, the moneys .so received applied on account .thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary- shall have. power to adjust and settle any loss with the ini5tuers; unless one of the parties in interest .shall object in writing within fi$eea dais after the occurrence of Ioss to OWNER's exercise of this, power. If such objection be made,. O%NER as fiduciary shall make settlement with the insuuers 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. _acceptance of Bonds mid Insnrm►ce; Option to Replace. 5.14..If eidw; pafty (=qs� CONITu CTORr OWNER has any objection to the coverage afforded by or other provisions of the Bier: insurancerequired to. be purchased and maintained bythe ethff` CONTRACTOR in accordance with article 5 on the basis of non- n with the Contract Documents. the . shall s e fi fy the . thfig par* OWNER will nofifv CON kACTOR in writing within tea fifteen days aiier'reeeigf delicren, of the certificates to OWNER as reoluiired by paragraph 2.7. of by the G-GUIFact T" W. a Partial iVF:afioii—Propertt, Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial E7CDC C=—� CONDMONS 1910-8 (IM Edibm) siCPI'Y OF'FORT COi_U SMODffTCATTONS(TREVr4i-MOO) 'Completion of all the Mork, such use or occupancy may be accomplished in accordance with paragraph 14.14; pprrovided that no such use or occupancy :ball comnucnce before the insurer providing the property insurance have acknowledged notice thereof and in writing effected any changes in co%,erage necessitated thereby. The insurers prodding 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—C:O_N7RACTOR'S RESPO\SIBE=, S .Sopenision mid .Srrperiiitendence: 6.1. CONTRACTOR shall superiise, iiLpect and direct the Work competently and eiincientl1 dev otmg stich attention thereto and applying such skills and e�ertise as may be necessary to perform the Work in accordance uxith the Contract Documents. CONTRACTOR. .shall be solely responsible for the means, methods; techniques, sequences and procedrires of constriction, but COiNT'RACTOR-shall not be responsible. for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of constriction which is shouu or indicated in and e4pree ly required by the Contract Documents_ CONTRACTOR shallbe responsible to see that the o cmpleted Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident sWerintentdeut -who shall notbe replaced Aithout written notice to O%I NER and ENGINEER except under extraordinary circumstances. The ugxrintendem Rill be CONI'RACTOWs representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to thesuperintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to airvey, lay out and construct tine IVork as required by the Contract Don moats. CONTRACTOR shall at* all times 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 euept as otherwise indicated in the Contract Docum wts, all tTv'ork at the site shall be perforuaed du rui regular working hours and CONTRACTOR will not perrait mnertime work or the performance of �[rork on Saturday, Sunday or any legal holiday withatit OWNSUs written consent given after prior written notice to ENTGINEERR_ CONTRACTOR shall submit requests to the �1GIr= no less than 48 hours in advance of am: [Work to be perfonued on Saturday- Sunday. Holidays or outside the Regular War' Hours_ I 6:4. Unless otherwise specified in the General Requirements, CONTRACTOR shall fiunish and assume full responsibility for all. r>iiateria s, equipment, labor, tranq>ortation, construction equipment and maduneiy, tooL- appliances: fueL poker, light: heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the . fnurnishin� per for mane, testing, .start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR Must comply with the CitYs purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk %Management Diiision or the Citv Clerk's office. 6.42. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products corrtain ng cement to certify that the cement was not made in cement kilns that. bum hazardous waste as a fueL 6.5. All material and equipment shall be of good quality and new, kept , as othemise .pro-vided in the.. Contract Documents_ All" %rar aruies and .guarantees specifically called for by the Specifications shahexpressly rum to the benefit of MINER- If required by ENGINEER - CONTRACTOR shall firsaish satisfactory evidence (including reports of required tests) as to the. kind and quality of material and equipment. All material and equipment shall be applied installed, connected, erected: used., cleaned and conditioned in accordance with instructions of the applicable Supplier, except as othmmse prodded in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance pith paragraph 2.9 as it may be adjusted`from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments inthe the progress schedule than will not chance the Contract. Times (or Milestones). Such adjustments will conform glly .to the progress. schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6_2. Proposed ac justments in the progress schedule that will dimgge the Contract Times (or 'IN-filestones) shall be submitted in accordance. with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written rent in accordance with Article 12_ 6.7: Substitutes and "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description E1CDC GENF. 4L C )N7D nON S 1910-s (1990 Echnm) 12 we CITY: OF FORT CO=5 MODIFICATIONS (RED' 4,7000) contains or is followed by word-. reading that no like, equivalent or' W—equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the fallowing circumstances: 6.7.1.1. "Or -Equal" If in ENGR4=s sole discretion an item of material or equipment proposed 'by CONTRACTOR is finctionally equal to thatnamed and ,sufficiently similar so that no change in related Work will be required; it may be considered by l�Tc GINEER as an "or -equal" .item. in Wbich case rn-iew and approval of the proposed itemmay, in ENGPt=3 sale discretion: be accomplished trithout compliance ivith some or all of the requirement; for acceptance of proposed substitute items_ 6.7.1.?_ Substitute Items If in ENGP1i EIIt's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item undersubparagraph 6.7.1.1, it will be considered a proposed substitute item CONTRACTOR shall submit sufficient infarumation as prodded below to allow 0 GD= to detennnP that the item of material or equipment proposed is essentially equi%mlent to that named and an acceptable substitute therefor: The procedure for retiiew by the ENGINEER will include. the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circuumstances. Requests for re%iew of proposed substitute items of material or ecppnent.will not be accepted by ENGINEER from anyone other, than CONTRACTOR If CONTRACTOR wish to fiunish or use a substitute item of material or equipment, CONTRACTOR shall fast make written application to ENGINEER for acceptance thereof certifFing that the proposed substitute will perffirni adequately the functions. and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specifie(L The application will state the extent, if any, to %hick the eiahuation and acceptance of the proposed substitute will prejudice CONTRACTOR's achie-mment of Subaantial Completion on time, whether or not acceptance of the substitute for use in the 'Mork will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for wolf: on the Project) to adapt the design to the proposed substitute and vdwther or not incorporation or use of the ,substitute in connection with the Work is subject to payment of any license fee or royalty. All mriations of the proposed mbstitute from that specified will be identified in the application and available . maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indtrecdy from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by �E GL iEER in evahratig the proposed substitute. ENGINEER may require CONTRACTOR. 1•RACTOR. to fiunih additional data about the proposed substitute. 6.'7.1.3. CO_'NMI C7'OR's Erpensa: All data to be provided by CONTRACTOR' in support of any proposed "or -equal° or substitute item will be at CONTRACTOR'. expense. 6.7.2. Substitute Construcilon - efifocis or Prroreehai3s.• If a�c mean:., method, technique, sequence or pros of construction is shown or indicated in and ecpressly required by the Contract Document:. CONTRACTOR may fiu nish or utilize a substitute means, method, technique, sequence. or procedure of construction -acceptable to ENGINEER - CONTRACTOR shall submit sufficient infarmauon to allow ENGINEER in ENG aNEER's sole discretion to detemurne that. the substitute proposed is equrti alent to that eq)ressly, called fair' by the Contract Documents. The procedure for review by FNL CYL = will be similar to that provided in subparagraph 6.7.12. 6.7.3_ Engimgr's Evalu&ion:. EN'GINEEit will be allrnvned a reasonable time within which to evaluate each proposal or submittal made pursuant. to paragraphs 6.7.12 and 6.72. ENGI N= 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 Chance Order or an approved Shop Drawing. OWNER may r CONTRACTOR to &rmish at CONTRACT eVense a special performance guarantee or other surety with respect to any "or -equal" or substitute. E1vTG1NEER rill record time required by ENGINEER and ENGiNEER's Consultants in e,,mivating .substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.12 and 6.72 and in making chances 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 reimbime OWNER for the charges of ENGINEER and ENG eNEER's Consultants for e-mivatig each such proposed substitute item 6.8. Concenring .S'ubcontractors, .Sapp ern and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplieror other person or organization (including those acceptabte to- Otl'NER and ENGINEER as indicated in paragraph 6.3.2), whether initially or as a substitute, against whom OWNER. or ENGINEER may have reasonable objection_ CONTRACTOR shall not be required to employ any Subcontractor,. Supplier or other person or organization to aurnish or perform any of the Work against uiuoan 'CONTRACTOR has reasonable objection. E7CDC Cm"NF1tAL CONDMOIv S 1910-8 (1990 Edition) ad CiF i• OF FORT CO LLYS MODIRCkTIONS (RW V2000) 6_9. CONTRACTOR shall pefwrrn not less than 20 percent of the V'czl< with its owm forces (that is withoutt .-mbeontragwW. The 20 percent requirenzeat shall be understood to refer to the U6'ork the v�ahue of which totals not less than 20 percent of the Contract Price_ 6.8.2. If the SWpkeieatary Geediti B Documents ents require the identity of certain Subcontractors; Suppliers or other per erns Cr organizations (including thane who are to finish the principal items of material or equipment) to be _ubmitted to OWNERed Date prior to the Effective Date of the Agreement for acceptance by OWNNER and ENGINEEP--as" OWNER's or ENGINEER'S acceptance' (either i writing or by,faihna to make written objection thereto by the date indicated fir acceptance or objection. in the bidding doaxuxmts or the Contract Documents) e€ ti a8d an apprepriate Change will constitute a condition of the Contract recauring the use of the named subcontractors. of Mliers or other 2ersons or organization on the '%Wk unless prior untten amm-al is obtained from OWNER and- ENGI= No acceptance by OWNER or ENGINEER of any -such , ubcontractar, Supplier or other perr.,on or organization shall -constitute a waiver of any right of OWNER or F 4GINEER to reject d kt" 11,fcii 6.9.1. CONTRACTOR shall be fiilly responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other perms and organization mi perforng or frunishing any of the Work under a direct or indirect contract with CONTRACTOR just as, CONTRACTOR is responsible for CONTRACTOR's own acts and omission& 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 ,ouch Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the pa}vient of any moneys due any such Subcontractor, Supplier or , other person or organization except. as may othernise be required by Laws and Regulations. OWNER or ENGINEER nny fiunish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S ' :Applications for Payne". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the 'Work of Subcontractors, Suppliers and . other persons and organizations performs or ftuni,tting any of the :[Fork- under a direct or indirect ccmtract with CONTRACTOR CONTRACTOR shall requite all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the [[lock to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of ..artyy Drawiugs .shall' not control CONTRACTOR in dividing le [[Park among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Mork performed • far CONTRACTOR by a Subcontractor or Supplier win be pursuant to an appropriate agreement behveen CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable teams and conditions of the Contract. Document for the benefit of OWNER and ENGINEER on the 7 5a, the agF.eemaat—W#wem the co- N rta e rTnn and the c„i, ^.:._, :. .r c....,a: wai;-ss all— g—agaugg wacm C OL'b= ACTOR tl� erl� 11' the�ia�- Ete a�.3r stic��e;i^'es Fe�titire Patent Fees and Rvvalties. 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the pei%rinance of the [[Fork or the incorporation in the Work of any invention- desten, process, product or device which is the subject of patent nahts or copyrights held by others. If a particular invention. 8esigu, process; product or device is .specified in the Contract Doetn.emis for use in the performance of the [[York 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 CcntractDoctinuents. To the fullest went permitted by. Laws and Regulations CONTRACTOR .shall indemnify and hold hatmless OWNER, ENGINEER; ENGINV-FFR's Consultants and the officers, directors, employees. aged and other consultants of each and an of them from and against all claims, coats; losses and damages arising out of or resulting from. any ,inn *� of patens rights or copyrights incident to the use inn the performance of the Work or resulting tram. the incorporation in the [[Fork of any m emtion, desipr. process. product or device not specified in the Contract Documents_ EJCDC GZ TMAL CONDrnON s 1010-8 (1990 Ecbncm) 14 w•r CITY OF FORT COLLL`IS MODIFICAnONS (REV V20DO) Permits: 6.13. Unless othernise prm1ded in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits. and licenses. OWNER shall a� ' st CONTRACTOR, wizen necessary, in .obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and. inspection fees necessary for the prosecution of the Worir which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Apeement CONTRACTOR shall pay all' cbarges of utility owners for connections to the [[Fork and OWNER shall pay all charges of such utility. owners for capital costs related thereto .such as plant im.-estm.ent fees_ 6.14. Laths and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laves and Regulations applicable. to furnishing and perfomiance. of the [�,'ork Except wi where otherse expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER .shall be responsible far monitoring CONTRACTORs comtphance 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 all claims, : costs, losses and damages caused by, ansitig 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 Latins and Regulations, but this _hall not reh,-%T CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3:2 ra.-es: 6.15. CONTRACTOR .shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from. Colorado State and local .sales and use taxes on materials to be permanently incorporated into the project- Said taxes. shall not be included in the Contract Price_ CONTRACTOR must apply for and receive_ a Certificate of Exemption from. the Colorado Depastm.ent of Revenue for construction materials to be h rsically imc ated into the r ect. This Cettitrcation of xem.ption prod that the CONTRACTOR shall neither pay nor include in his Bid. Sales and Use Taxes m those building and construction materials ph-,mcally incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Dem•er. Colorado, 30261. 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 E.xetuption. All applicable Sales and Use Taxes (includirL State collected taxes), on any items other than construction and building materialsRftymcalbL mmc Rusted into the vrolect are to be ixud by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: .6-16. CONTRACTOR shall confine constriction 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 easemet& and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume fall 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 Wo& Should any claim be made .by any such owner or occupant because of the per&rmance of the, Work CONTRACTOR .hall promptly settle with such other party by negotiation or otherwise resoh-e the claim by arbitration or other dispute resolution proceeding or at, law. CONTRACTOR shalL to the fullest e ctent permitted by Laws and Regulations, .innenmifg and hold harmless OWNER, ENGINEER, ENGINEERR's Consultant and anyone directly or imdirectl employed by aay of them from and against all claims, casts, losses and darmges arising out of or re.ultime from any claim or action, legal or equitable, brought by any such owner or occ>pant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTORS performance of the Work 6-17. During the progress of.the..Work, CONTRACTOR :_hall 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 ue11 as all tools; appliances, construction equipment and machinery and .surphus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by -the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject Amy part of the Work or adjacent property to stresses or Pressures that will endanger 'it. Record Doeurrtents: EJCDC GENEFAL. CONDITIONS 1914-3 (1990 Fdidcm) wi CITY OF FORT COLLINS MODIFICATIONS (ItEV 4i^_4Q4) 6.19. CONTRACTOR shalt maintain in a safe place at the: site -cue record copy of all Drawincps , Specifications, Ada, Written Amendments, Change Orders, Work Change Directives, Field Orders and :iritten interpretations and clarifications (issued pur:.uaat to paragraph 9.4) in good order and annotated to show all changes made during construction Tbesse record documents together with all approved Samples and a counterpart of all apprm-ed Shop Dra:,Nings will be available to 2GMEER for. reference. Upon conmpletica of the Work, and prior to release of final pi_Km ent.:these record documents. Samples and Shop DraMnggs will be. deli -.wed to. ENGIt`IEER for CII&WER -S'afeh- and Protection: 6.20- CONTRACTOR shall be responsible for initiatin- maintaining and srpenising .all safety precautions and programs in connection vith the Work CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary. protection to prevent damage, injury or loss to. 620.1. all persons on the Fork site or who may be affected by the .Work; 6.201 . all the Work and materials and equipmentto be incorporated therein uvhe#her in storage as or off the its; and 620.3. other property at the site or adjacent thereto, including trees, :�trnubs, lawns, walks, pavements, roadways structures, utilities ` and L7ndergound Facilities not designated for rem ovaLL. relocation or replaeeaeat in the course of construction CONTRACTOR :hail comply with all applicable Laws andReggulations of any public body ha-�ing jurisdiction far safety of persons or property or to protect them from damage; injury or loss; and shall erect and.maintain all necessary safeguards for such safety and protection - CONTRACTOR shall notify o:wmers 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, renmovaL relocation andreplacement of their property. All damage, i*ry or loss to any property referred to in paragaphs 6.202 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 orfmmrnish any of the Wodc or anyone for.i,.bose acts any of theme may be liable, shall be remedied by CONTRACTOR (except damage or lass attributable to the fault of Draaing or Specifications or to the acts or emissions of ORYER or ENGINEER or Et lGINEER'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, is 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)- CONTPUCTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with para_wph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. .Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities ,shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Coir►nninicatiou Programs: 622. CONTRACTOR shalt be responsible for coordinating any exchange of material safety data sheets or other hazard comnninication information required to be made available to or exchanged benveen or among employers at the .site in accordance with Laws or Regulations. E►netgenciar: 6 23. In emergencies afrecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from 0%WER or ENGL LEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR belie-ves that any significant changes in the .Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response ,to snub an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Strop Draiaiugs mid Sartiptes: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review; and approvral in accordance with the accepted schedule of Shop Drawings and Sample submittals (seeparagraph 2.9). All submittals will 'be'identified as FcVc IIII��iiEE.EERR may require and in the number of copies specified in the General Requirements. The data ;drown on the Shop Drawings ,.sill be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ELL GR4EER the materials and equipment CONTRACTOR proposes to provide and to enable ENGR= to review the information for the limited pniposes required by paragraph 626. 6.24 2. CONTRACTOR ;fall 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 otherv��ise as ENGINEER may require to enable ENGINEER to review the submittal for the limited ECDC G24MAL CONDMONS 1910-a (1990 Edriao) 16 w.1 CT1Y OF FORT C'OLUNS MODIFICATIONS (REV 412000) purposes required by paragraph 626. The numbers of each Sample to be submitted mill be as specified in the Specifications. 6.25. Submittal Procedures: 6.25:1. Before .submitting each Shop Drawing or Sample, CON' R.ACTOR shall have determined and . t ified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation, materials, catalog numbers and similar information with respect thereto. 6.25.12. all materials with respect to intended use, fabrication, shipping- handling storage, assembly and installation pert-'_ nwg to the performance of the Work; and 6.25.1.3. all information relative to CONTRACTOR'.s .sole responsibilities is 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 %;till bear astamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'.-, 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 be 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 ENGLN= as required by paragraph 2.9. ENGINEER'.s review and approval will be only to determine if the Items covared by the ubmittals will, after installation or incorporation in the Work. confoffih to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a finctio„ing ,.Whole as indicated by the Contract Documents. ENGiNEER's rE,%ww and approval ,.mill not extend to means methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of constnrction is specifically and expressly called fir by the Contract Documents) or to safety precautions or progranm� incident thereto. 'The review and approval of a 's�eepparate item as such will not indicate approval of the as:.embly 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 neev Samples for revievv and approval. CONTRACTOR shall direct specific attention in writing to recisions other than the corrections called for by ENGINEER on precious submittals 627. ENGD=.s review and approval of Shop 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 ENGPIEER's attention to each such variation at the time of .submission as required by paragraph 6.25.3 and ENI GE LEER has given written approval of each .such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER rehe4,e CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 628. ViAm 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 ENGI EER'.s review and approval of the pertinent submittal will be at the sole a gxmse and responsibility of CONTRACTOR Continuing the Work: 629. CONTRACTOR small carry on the Work and adhere to the , progress schedule during all disputes or disagreements with OWNER s to Work .Mall 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. COA'TRACTOR•s General Marrantm' and Guarantee: 6_30A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGR=!; 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: 6.30.1.1. abuse; modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2- normal wear and tear under normal usage. 6.302.. 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 EJCDC GAL CONDITIONS 1910-9 (1990 Edition) w1 CITY OF FORT COLLINS MODIFICATIONS (REVV20M accordance pith the Contract Documents or a release of CONTRACTOR's obligation to perform the 'Work in accordance uith the Contract Documents: 6302_1. obser-mtionsbyELNGLNT-ER, 6.302:2. recommendation of any progress or final paymwnt by ENGINEER 6.30 2.3. the issuance of a certificate of Substantial Completion or any payment by O ANER to CONTRACTOR under the Contract Documents; 6.30_2-4. use or occupancy of the Work- or any part thereof by OWN- ER; 6.30 2.5. any acceptance by OWNER or any failure to do so; 6.302.6. 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; 6.302.7. any inspectiom test or approval by others; or 6302.8. any oorrection of dyklfye Work by O%VNE - b►desuriftartion. 6.31. To the fiillest went permitted by Laws and Regulations. CONTRACTOR :liall mden mfv and hold harmless OWNER ENGINEER ENGMEER'.s Consultants and the officers. directors; eraployees, agents and other consultants of each and any of themfrom and against all claims, costs, losses and damages (including but not. limited to, allfees and charges�g of en_aTrrers, architects, attorneys and other professionals and aU'court or arbitration or other dispute resolution costs) caused by, arising cut of or resulting from the performance a of the Wah- provided that any such claim cost, loss or damage: (i) is attributable to bit} rn'my, sicbmess. disease or death. or to t*iry- to or destniction of tangible property (other than the %Work itself}, inhaling the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or Omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or 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 am, negligence or omission of a person or entity indemnified hereunder or whether liability i, imposed upon suchw indemnified party by Las and Regulations regardless of the negli_reimce of any such person or entity. 6.32. In anv and all claims against O'WNtER or ENGINEER or any of their respective consultants, agents: officers, directors or employees by any employee (or the sutvi-row or personal representative of such employee) of CONTRACTOR, any Subcontractor, auy Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or fiunish any of the Work- or anyone for cv°hose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any .%,ay by any limitation on thee amount or tape of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' con4)wsation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 631 :shall not extend to the liability of ENGINEER and E iGli -=s Consultants officers, directors, employees or agents caused by the professional negligence, error or omissions of any of~them Sumn-al of Obligations: 634. All repnsentations, indeamifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will suuvive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Relaters Fork at .Site: 7.1. OWNER may performs other work related to the Project at the site by OWNER'.s own forces; or let other direct contracts therefor which shall contain General Conditions similar to these, or have otherwork performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents,. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (a) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the ammoim or extent thereof 72. 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 OWNE.Rs. employees) proper and fe 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.shall properly connect and coordinate the Woik with theirs_ Unless otherwise provided in the Contract Documents, CONTRACTOR ,shall do all cutting, fitting and patching of the Nork that may be required io make its several pasts 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 thee extent that there are comparable FJCDC GHNERAL. CONDMONS 1910-8 (1990 Edits®) 18 wi CITY OF FORT COL UNS MODIFICAnONS (F.EV 4,'20DO) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other co=actors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect .such other work and promptly report to E iGNTEFR in writing any delay% defects or deficiencies in such other work that render 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 CONI TRaCTOR'.s Work except for latent or nonapparent defects and deficiencies in -such other work_ Coordination: 7.4. If OWNER contracts with others for the performance. of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contactors 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 provided Unless otherwise provided in the SuppMary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 3—OWINER'S RESPO\SIBII:TIIES 8.1. Except as otherwise provided in these General Conditions_ OWNER shall issue all communications to CONTRACTOR through ENGINEER 3.2_ In case of termination of the employment of ENGINEER OWNER shall appoint an engineer agama whose status under the Contract Documents shall be that of the fomher ENGINEER 3.3. OWNER shall f3uuish 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 4.13. 8.4. O'% tNER`s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 41 and 4.4_ Paragraph 42 refers to OWINER`s identifying and making available to CONTRACTOR copies of reports of explorations and tests of .subssuuface conditions at the site and drawings of physical cccclitions in existig -Arectures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. .krn�I.M. rters. .. --- -- - ........... ._ . .... 8.6. 0 VINER is obligated to execute Change Orders as indicated in paragraph 10.4. 8-7. OWN-ER's responsibility in respect of certain inspections, tests and approvals is .set forth in paragraph 13.4. 8.8. In connection with OWN-ER's right to stop Work or surrspend Work see paragraphs 13.10 and 15-1. Paragraph 15.2 deals with OIX NER's right to terminate .senices of CONTRACTOR under certain circunistances 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 -MSO!ggrrnaramc incident thereto, or. for . any failure of AC'TOR to comply with Lau, and Regulations applicable to the fiimishing orperformance of the Work - OWNER will not be responsible for CONTRACTOR's failure to perform or finnish the Work in accordance with the Contract Documents. ARTICIX 9—E_- GINEER'S STXTUS DigRE'G C ONSTRUMON 0:FIVER's Represeittative. 9.1. ENGINEER will be OWNER'.s representatives during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's. representative dicing construction are set forth in the Contract Documents and :hall not be extended without mitten consent of OWNER and ENGINEER. Visits to .Site: 92. ENGINEER will make visits to thee site at intervals appropriate to the ;iariaus stages of constnution a, - ENGINEER deems necessary in order to obsene, as an eV. erienced and qualified design professional the progress EJCDC QdERAL. CONDMONS 1910-9 (1990 E Mcn) w/ CITY OF FORT COLLNS 310DIFICaTIONS (RfiV i2ODO) that has been made and the quality of the various aspects of CON7R.ACTOR's executed Work. Based on information obtained during such visits and obsenationsy ENGINEER 7EER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Doc mmts. ENGINEER will not be required to make exhaustive or continuous cu 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 viats and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and vsi]1 endeavror to guard O''NER against defeeirve Work ENGINEER's visits and on -site obsen-ations are .subject to all. the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, drum or as a result of ENGINEER'.s on -site visits or observations of CONTRr1CTOWs Work ENGINEER will not .supeivise, direct, control or have authority over or be re--fonsible for CONTRA 017OR's IIanS methods, techniques. sequences or procedures of conssstiucti= or the safety precautions and Programs incident thereto: or for any'faaure of CONTRACTOR to comply with Laws and Regulations applicable to the fiunisting or performance of the Work - Project Representaire. 9.3. If OWNER and ENGINEER agree, ENGINEER will f r ish 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 asistants will be as pirm-ided in paragraphs 9.3 and 9.13 Conditkmr of these General Conditions- If OWNER designates another representative or agent to represent OWNER. at the site who is not ENGINEERR's Consultant, agent or emplo},ee, the responAbilities and authority and limitations thereon of such other person uill be as provided is paragraph 9_ to r.J 9-3-1. The Representati-Ws dealings in matters pertaining to the on -site work hill. in -,eneral. be with the ENGINEER and CONTRACTOR But. the Representative will keep he OWNER properly advised about such matters The Representautes dealings with subcontractors will only be through OC with the full knoMedge and approval of the CONTRACTOR- 93:2. ihities and Responsibilities Representative trill: 9.32.1. Schedules - Review the progress 19 schedule and other schedules prepared by -the CON -TRACTOR and consult , ith the ENGRN= cancer inv acceptability. 9.3.2.2. Conferences and Meeting - Attend mzetmg with the CONTRACTOR -Atch as preconstntction conferences, progress meetings and other fob conferences and prepare and circulate copies of mimates of meetings. 9.3.2.3. Liaison 9.32.3.1. Sere as ENGiN='.S with CONTRACTORyyot u ptincipalt}r through CONTRACTORS superintendent to assist the CONTRACTOR in ttndecstandmg the Contract Doctunents. 9.32.32. Assist in obtaining tiom OW14ER additional details or information, «then required. for proper execution of the Wcrk 9.3:23.3. Advise the ENGINEER and CONTRACTOR of the commencement of any, Work requiring- a Shop Drawing or sample s ubmismon if the submission has not been apprrn ed by the ENGINEER. 9.3.2.4.Re%iewr of Work Rejection of Defective Work Inspections and Tests - 93.2.4.1. Conduct on -site obsen-ations of the Work m progess to assist the ENGINEER in detennin;no that the Work is Rroceeding in accordance with the Contract Documents. 93.2.4.2. Report to the ENG tNEER whenever the Representative belie-ves that the Work is imm sfactory faulty or defective or does not conform to the Contract Documents or has been damaged, or does not meet the ritVirements of and . >snrn ?ec ons, tests or %Wro<<als r�uired to be made: and adtise the ENGINEER when be believes work should be corrected or rejected or .should be uncovered for observation, or requires special testing. inspection or approval. 9.3.2.4.3. Accompany -.isiting inspectors representing public or other agencies having jigisAetion over the RMect record the results of these inspections and reow to the IMUMI► CI 9.3.2.5. interpretaticn of Contract Dc clmwnts. Report. to ENG nNEER talon clarifications and mierpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the 13irfetINIA � 9.3.2.6. l fodifications. Consider and evaluate CONTRACTORS suggestions for �0 FJCDC GET ER -AL WI MMONS 191" (IM Mdaa) a l CITY OF FORT COL124S MODIFICATIONS (REV 4fl4o0) modification in Drawings or Specifications and Le" these reconmiendagons to ENGINEER Acctu-ateiv transmit to CONTRACTOR Sec ous is ed by the ENGINEER 93?.7. Records. 9.32.7.1. Lfaintain at the Re�.-entatice's office orderly tiles conceminff 9.32.72. Keep a diary, dailg report €onm or log book, recording hours on the job site, divather conditions, data relative to questions of work directive changes Change Orders, or changed conditions, list of job site Visitors, daily activities. decisionx obserrations in general and specific obwnations m more detail as in the casee of obsenmg test procedures, send copies to the ENGINEER, 9.32.7.3. Record nantPc addresses and telephone numbers of all CONTRACTORS. subcontractors and major .suppliers of equipnnent and materials. 9.3.2.8. Reports. 9.3.2.8.1 _ Furnish ENGMER periodic. reports, as required of the progress of the Work and of the CONTRACTOR'S couggiance with the progress schedule and schedule of shoo Drawing and sarnmle submittals 9.32.92. Consult with ENGINEER in advance of schedt 1t m-- major tests, inspections or ,4art of anportant phases of the Work 9.32.&.3. Draft proposed Chawe Orden and V%7ork Directive Changes, obtaining backup material from the CONTRACTOR and reconm wnd to ENGINEER Change Orders. Work Directive Changes and field .—TT 9.3.2.8.4. Report imardiatety to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payu� Requests. Re%ienr applications for pvnient with CONTRACTOR for compliance with the established procedure for their sUbmis lon and forward filth recommendation to 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the STD SA WO rev07/09 5 ENGLVEER noting Rarticularly the relationship of the payment requested to the ,schedule of values, work completed and materials and tTi' t delivered at the site but not incorporated in the Work 9.3 2.10. Coarpletion_ 9.3. 2.10.1. Before ENGLtii TEER issues a Certificate of Substantial QgMletion, submit to CONTRACTOR a list of obser-ed items L m mg correction or completion. 9.3.2.10.2). Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recorzmiendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative .shall not. 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipmeg unless authorized by the ENGINEER 9.3.3.2. Exceed litritations of ENGINEER`S authority as .set forth in the Contact Documents. 9.3.3.3. Undertake aof the abilities n • of the CONTRACTOR.Subcontractors, or CONTRACTOR'S superintendent. 93.3.4. Advise on. or issue directions relative to. or assume control over any aspect of the meansmethods, techniqures. serlutences of procedures for construction unless such is sR cdficallv called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assumL control over safety precautions and programs in connections with the Work. 93.3.6_ Accept Shop Drawings or sample submttaL from MD -one other than the CONTRACTOR 93.3.7. Authorize OWNER to occupy the Work in wile or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER C7arificatio►rs and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC Cit..NER.4L. CONDMONS 1910-8 (M Edition) we C= OF FORT COLUNS MODIM1TTONS (R - 4t2000) requirements of the Contract DocxuueuLs (in the form of Drawnngs or otherwise) as ENGINEER may determine uecessar{, ::hich shall be consistent :tith the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CON -TRACTOR If OWNER or CONTRACTOR believes that a %witten clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unablee to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a :mitten claim therefor as provided in Article 11 or Article 12. . zdhori ;ed Variations in 1T ork. 9.5. F-NGINEER may authorize minor variations in the Work from the requirements of the Contract Document which do not imoh-e an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a firnctioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will bee binding on OWNER and also on CONTRACTOR who shall perform the `vIlork iuvohTed promptly. If OXI NER or CONTRACTOR believes that a Field Order justifies an adjustment in the. Contact Price or the Contract Tines and the parties are unable to agree as to the amount or went thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Mork. 9.6. ENGIN= will have authority to ove or reject Work which ENGINEER believes to be or that ENGL = believes will not produce a completed Project that conforms to the Contact Documents or that will prejudice the integrity of the design concept of the completed Project as a fiwrtioning whole as indicated by the Contract Document-- ENGINEER will also have authority to require special inspection or testing of the Work as prmided in paragraph 13.9, whether or not the Work is fabricated, installed or completed Shop Drawings, C7ta►►ge Orden and Pgyinentr. 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples_ see paragraphs 6 24 through 6.28 inclusive. 9.8. In connection .vith ENTGINEEIt's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with EN-Gl2q=s authority as to Applications for Payment, see Article 14. Deten►rir►ado►ts for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR E iGLNEER will retiiew with CONTRACTOR the �tGT1i HR`s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Paymmmeat or othennse). Ei GINEER's vmtten decision thereon will be final and binding. upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision. either OWNER or CONTRACTOR deli,.er-s to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (1) an appeal from ENG1NlEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GGA, "Dispute Resolution : axeement". entered into between OWNER and CONTRACTOR pur-u= to Article 16; or (ii) if no such Dispute Resohition As reenment has been entered into, a formal.proceeding is instil rated by the appealing party in a forum of competent iuisdicticu to e?rercrse such ri or remedies'as the appe<tllr . party may have with respect to ENGD=s decision: unless otherwise agreed in vvTitmg . by OWNER and CONTRACTOR Such appeal will not be subject -to the procedures of paragraph 9.11. Decisions on Disputes 9.11. 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 fiunishing of the Work and claims under Articles 11 and'l2 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGNEER 'm writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other antter wdelivered ill be by the claimant to ENGINEER and the other to the Agreement prompt (butt in no event later thirty days after.the.start o the occurrence or event gnmg 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 clain><3nt within thirty Hays after receipt of the claimant's last submittal (unless ENGINEER allows additional * . Ume). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing partys submittal, if any in accordance with this paragraph_ ENGINEER'.% written decision on such claim dispute or other smatter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER decision is taken within the time limits and in accordance With the procedures .set firth is EMMIT GC -A, "Dispute Resolution A--reement entered into bemeen 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 ENGINEER'% written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty day z� after the date of such decision and a fornmal proceeding is instituted by the appealing party in a fonumm of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such HICDC GEibU . CONDinONS 1910-9 1199a E&aanl 22 wi crry OF r'ou COLLINS -MODIFICATIONS (RSV 4LIODQ) decision, unless othenime agreed in,iriting by O NI ER and CONTRACTOR 9.12. When. fisnctioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGI LEER dill not. show partiality' to OAFivER 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 (eticept arty which have been waived by the m1kina or acceptance of final payment as provided in paragraph 14.15) wYll 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 a% such clamm dispute or other matter 9.13. Limttitations on E'GLN- = s :-ltrtlroritp and Responsiin7ides: 9:13-1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor arry, decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, eaTcise 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 ororganization, or.to any .surety for or employee or agent of any of them. 9.13 2. ENGINEER will not ,sumlmertise, direct, control or have authority over or be responsible for CONTRAC'TOR's meant ids, techniques,con sequences or procedures of struction, or the safety precautions and programs incident thereto; or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fim shing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's iuhmre to perform or fimrrsh 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 Paynmermt and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, testy and approvals and other documentation required to be deliz,wed 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 re`pomibility ,set frith in this paragraph 9.13 ::hall also apply to ENGLVEER`s Consultants. Rffsident Project Representative and a&45tants_ ARTICLE 10—CHIN GES EN THE WORK 10.1. Without invalidating the Agreement and without notice to, any surety, OWV-FEt may, at any time or from time to tine, order additions, deletions or revisions in the Work Such additions, deletions or revisions will be authorized by a Written Anent, a Change Order, or a Work Change Directive. Upon receipt of any such docutnent, CONTRACTOR shall promptly, proceed with the Work un olv ed whch will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OGE TR and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjusem> 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 11 or Article 12. 10.3. CONTRACTOR shall not bee 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 in the case of twcovering ATorkas provided in paragraph 139. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written .Am ) covering 10A.1_ chh.mges in the Work which are (i) ordered by OWAiER pursuant to paragraph 10.1, (it) required because of acceptance of dq'wdv-e Work under paragraph 13.13 or conectum defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4?_ 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 appeal may be taken from ansuch decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 19 ins (1990 Edon) w. = OF FORT COuris MOD1FICaTIONS PLEV 2000y (i dudin but not lin ited to, Contract Price or Contract Times) is required by the provisiom of any Bond to be yGi.ven to a surety, the =%inv of any such notice will be C. OONTRaC:TOR's resp6n.- ility, and theamount of each applicable Bond will be adjusted accordingly_ ARTICT E 11—CELkNGE OF CO`TR-kCT PRICE 11.1 _ The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties. responsibilities and obligation, asuped to or undertaken by CONTRACTOR shall be at CONI MkCTOR'.s expense without change in the Contract Price. 11:2. The Contract Price may only be changed by, a Change Order or by a Written.A t_ ilny daim for an adjustment in the Contract Price shall be based on written notice delivered by the party mitring the claim to the other party and to ENGINEER promptly (btu in no event later than thirty days) after the start of the oc=ence or event giving rise to the claim and stating the generA nature of the claim Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless Fri tG1'i` UR allows additional time for claimant to suhnut additional or more accurate data port of the claim) and shall be accompanied by c s written statement that the adjustment claimed covers all known amounts to winch 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 paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount invoheed. No claim for an adjusment in the Contract Pricewill be valid if not submitted in accordance vtith this paragraph 11.2_ 11.3. The value of any Work covered by a Change Order or of any claim for an adjustmnt in the Contract Price :vill be determined as follows. 11.3.1. a tere the Mork involved is covered by unit prices contained in the Contract Documents, by application of :such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11-9.1 through 11-9.3, inclusive); 11.3.2. where the Work in olied is not covered by unit prices contained in the Contract Document> by a mutually agreed payment basis, including lump sum (wizich may include an allowance for overhead and profit not necessarily in accordance arith paragraph 11.6.2); 11.3.3. wire the Work involved is not co- wed by unit prices contained in the Contract Doctunents and agreement to a lu nT sum is not reached under varanwh 11-3.2, on the basis of the Cost of the Work eimmed as provided in paragraphs 11.4 and 11.5) phis a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11-6). Cast of the Mork. 11.4. The term Cost of the sVork means the ,sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER such costs shall be in anlou is no high i1inQ than those pre% in the locality of the Project, hall include only the i`oliouing items and shall not include any of the costs itemized in paragraph 11.3_ 11-4:1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees hall include without limitation superintendents, foremen and other personnel employed firll-time at the site- Payroll costs for employees not employed fiull-time on the Work shall be apportioned on the basis of their time spent on the Wow. Payroll costs shall inehmiwbut art be limited to, salaries and vmges phis the cost of fringe benefits which shall include social security contributions, unemployment: excise and payroll taxes, workers` compensation, health benefit applicable thereto. The ogxmses of performing Work after regular wrotking horns, on Saturday Sunday or legal holidays, shall be included in the above to the extent authnriad by OWNER 11.42. Cost of all materials and equipment finnishe�d and incorporated in the Wcale inchding costs of transportation and storage thereof and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless ORfitER deposits fiends with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER- All trade discounts, rebates and refunds and returns from gale of suurphrs materials and equipment :hall accrue to ORDER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3.. Payments made by CONTRACTOR to the Subcontractors for Work performed or fuumished by Subcontractor, if raluired by OWNER UCDC GM4M AI. CONDMONS 191" (I000 Mdm) 24 si =OF FORT COLLINS MODIFICATIONS (REV 4CODD) CON IR.ACTOR shalt obtain competitive bids from Subcontractors acceptable to OWNER and CONZR.ACTOR and :shall deliver such bids to OWNER :tto will then determine, with the advice of ENGINEER, which bids, if any, will be accepted If any .subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR',s Cost of the Work and fee as provided in paragraphs l l.4, 11-5. 11.6 and 11.7. All subcontracts shall be subject to the other pra�isions.of the Contract Documents insofar as applicable- 11.4.4. Casts of special consultants (including but not limited to engineers, architects, tet#ing laboratories, surveyors. attoimeys and accountants) employed for services specifically related to the. WO& 11.4-5. Supplemental costs including the following 11.4-5-1. The proportion of necessary. transportation. travel and .subsistence expenses of CONT 1CTOR's employees incurred in discharge of duties connected uith the Work 11.4-52. Cost, including transportation and maintenance of all material& supphes, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not o%imed by the workers, which are consumed in the performance of the Work:. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4-5-3. Reds of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the adtiice of ENGL tEER, and the costs of transportation, loading, unloading installation, dismantling and rernmrai thereof -all in accordance with terms of . said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work 11.4-5-4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4-5.5. Deposits lest for causes other than negligence of CONTRAACTOR, any Suamcontractor or anyone directly or indirectly employed by any of them or far uirose act- any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5-6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfarmance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance ,,,ith 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 O«INFR No such lose damages and expenses shall be included in the Cost of the Work for the purpose of determi,�imo CONTRACTOR's fel however., any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11-6.2. 11.4.5-7. The cost of utilities, fuel and sanitary facilities at the site. 11.4-5-8. Minor expenses ,such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4-5.9. Cost of premiums far additional Bonds and insurance required because of changes in the Wod. 11.5. The terms Cost of the Work Shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR' officers executives, principals (of partnership and sole proprietorships), general managers, en_Tgieers• architects, estimators, attorneys, auditors: accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whethef at the .site or in CONTRACTOR's principal or a branch office for general admmnstration 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—all of which are to be considered administrative costs covered by the CONTRACTORS fee- 11.5.2. Expenses of CONTRACTOR' principal and branch offices other than CONTRACTOR' office at the site- 11-53. Any part of CON-TRACTORs capital expenses, including interest on CONTRACTOR'S capital employed for the 'Torso and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums 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 premium covered by subparagraph 11.4-5.9 above). E1CDC C04E ZAL CONDITIONS 1910-8 (1990 Edam) Wi CI1T Off' FORT COLLINS NIODiFICATION5 (-Ka, V2000) 11.5.5- Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directP7 or indirectly employed by any of them or for whoseacts any of Them may be habfe, inchtding but not limited to, the correction of dej'acrive Wodc disposal of materials or equipment wrongly supplied and making good any damage to prope:ty- 11.5.6. Other overhead or general expense costa of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allo%ved to CONTRACTOR for overhead and profit shall be determined as fo Ilotss: 11.6.1. a mutually acceptable fixed fee; or 11.6 2. 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: 11.62-1. for costs incurred under paragraphs 11.4.1 and 11.42), the COr CTOWs fee shall be fifteen percent; 11.62-2. for costs incurred under paragraph 11.43, the CONTRaCTORs fee shall be five percent; 11.62.3. where one or more tiers of subcontracts are on the basis of Cost of the Work phis a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.E 2, 11-43 and 11.62 is that the Subcontractor who actually performs or furnishes the Wwl- at whatever tier, will be paid a fee of fifteen percent of the casts 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 _C41— --ent of the 21mount Paid to Subeomaewf to be negotiated in good firth with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6 2-4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4-5 and 11.5; 11.6 2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cast plus a deduction in CONTRACTOR's fee by an amount equal to fine percent of such net decrease; and 11.6 2-6. Mien both additions and credits are involved in any one change, the adjustment in CONTRACTORSs flee shall be computed on the basis of the net change in accordance uith paragraphs 11-6.2.1 through 11.6 2-5, inchusive 11.7. Whenever the cost of anv Work is to be 25 lI 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 foci acceptable to EN'GE'VE.ER an itemized cost breakdo x m together with supporting data_ Cash .4tlot aces. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and :shall cause the Wod so covered to be fiunished and performed for such .sums as may be acceptable to OWNER 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 11.82. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other e:rpenses contemplated for the allowances have been mchuded-ia the Contract Price and not m 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 due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Mork. 11.9.1. %Iffe the Contract Documents provide that all or part of the Wofk is to be Unit Rice [Work, initially the Contract Rice 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 Rice Work times thee estimaated quantity of each item as indicated in the Agreement. The estimaated 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 Rice Determinations of the actual quantities and classifications of Umt Rice Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 910. 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 &r each separately identified item. 11.93.ORNiER or CONTRACTOR nwv make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.93.1. the quantity of any item of Unit Price TWork perfored by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; �ti EECDC G40LAL CONDITIONS 1910-8 (1990 Ethel* a.W C= OF FORT COUDiS MODIFICATTONS (=' 4P-000) and 11.93.2. there is no corresponding adjustneent alith respect to any other item of AW] and 11.933. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having inured additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unablee to agree as to the amount of any such increase or decrease. 11.9.314. CONTRACTOR acknowledees that the OWNER has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of anV remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE i2—CgA�GE OF coiNrmCT TL1gS 12.1. The Contract Times (or Milestone) may only be changed by a Change Order or a 'Wntten Amendment. Any claim for an adjusnaxid of the Contract Times (or l,lilestones) shall be basest on written notice delivered by the party making the claim to the other party and to Erc TGIIv= promptly (= in no eve later than thirty days) after the occurrence of the event giving rise to the claim and statine the a-eneral nature of the claim Notice of the edent of the 1;u with supporting data shall be delivered within suay days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants vvntten ,statement that the adjustment claimed is the entire adjustment to whm the claimant has reason to believes it is entitled as a result of the occurrencee of said event. All claims for adjustment in the Contract Times (or Milestones) ;-halt be determined by ENGINEER in . accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot oflur ise 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 Document are of the essence of the Wit. 12.3. Where CONTRACTOR is presented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRALCTOR the Contract Times (or Mlestones) will be extended in an amount equal to time lost due 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 or neglect of utility owimers or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier :_hall be deemed to be delays. �cithin the control of CONTRACTOR 11.4. W-here CONTRACTOR is prevented from completing any part of the Work within the Contract Tines (or Vfilestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Tines (or Milestcnes) in an amount equal to the time lost due to such delay :hall be CONTRACrOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor; any Supplier, any other person or organization, or to any .surety for or employee or agent of of them, for damages arising out of or resuming fromM delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties includingg, but not limited to, fires, floods,. epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTIC U 13—TESTS Av-D r\SPECTIONS; CORREMOr, RE_AIOVAL, OR ACCEPLICNCE Of DEFECIT EWORK 13.1. Notice of Defects: Prompt notice of all defective Work of atich OWWER 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 Mork. 132. O%TNER ENGINEER ENGINEER!s Consultants, other representatives and personnel of OWNER, independent testing laboratories and -am ernmeutal agencies with jurisdictional interests will have access to the Work at 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 ti2erevith as applicable_ Tests and LiTectioans: 133. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and :,hall cooperate with inspection and tenting persormel to facilitate required inspections or tests_ 13.1. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspection, tests, or approvals required by the Contract Documents except_ 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below, 13.42. that costs incurred in connection with tests or inspection conducted pursuant to paragraph 13.9 ECDC GEMUL CONDMONS 1910-9 (1990 Edmcn) w, CITY OF FORT COLUNS MODUICAMNS (ZEV 4 _'QOIY) below shall be paid as provided in said paragraph 13.9; and 13.43. as otherwise specifically provided in the Contract Documents_ 13.5. If Laws or Regulations of any public body hating jurisdiction require any 'Mork (or part thereof) specifically to be inspected tested or approved b}' an employeee of other representative of .such public bcdy. CONTRACTOR shall assume full responsibility for arranging and obtaining :such in-spections, tests or approvals, pay all costs in convection therewith, and fiunish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranomg and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER'.s and ENGIIVEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, =-K designs or equipment submitted for approval prior to CONTRACTORs purchase thereof for incorporation in the Work. 13.6. If any � ork (or the werk of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of 1 NGR4= 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 ENGINEER timely notice of CONTRACTOTs intention to corer the saw and ENGINEER has not acted with reascu=+ble promptness in response to such notice_ Uncen,ering Mork. 13.3. If any Work is covered contrary to the written request of ENGINEER it must, if requested by. ENGINEER be uncovered for &NGIIrt=s observation and replaced at CONTRACTOR's e:Kpense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at E`i tGINEER's rape-st shall uncover, ease or othe ise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, firmishing all necessary labor, material and equipment. If it is found that such Wodc is defective, CONTRACTOR ,hall pay all claims, costs, Tosses and damages caused by, arising out of or resulting from such uncovering exposure, observation, imfection and testing and of satisfactory; replacement or reconstruction, (including but not. limited to all costs of repair or replacement of xrork of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are tunable to agree as to the amount thereof' may make a claim therefor as provided in Article 11. If houever, .such IVork is not found to be defecth;e. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or -Milestones), or both, directly attributable to such '7 uncovering, e�xe, obsen.ation, . inspection, testisgg, replacement and reconstruction; and, if the parties are unable to aeree as to the amount or exterit thereof. CONTRACTOR may make a claim therefor as provided in' Articles 11 and 12. Om'ER -Ma the Ti'ork: 13.10. If the Work is defec.mv, or CONTRACTOR fails to supply sufficient skilled %yorkers.or suitable materials or erluipmeM or fails to fish or perform. the Rork in such a way that the completed Work will conform to the Contract Documents, OWNER imav order CONTRACTOR to stop the Work or any portrcn thereof until the cause for such order has been eliminated; however, this right of MNER to Stop the LVork shall not give rise to any duty on the part of OLViV-ER to exercise this right for the benefit of CONTRACTOR or.any surety or other party. Correction orRe►noval ofDafective 1T'ork: 13.11. If required by ENGINEER CONI`RACTOR .hall promptly, as directed,. either correct all defective :Vo& whether or not. fabricated, installed or completed or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defwtive CONTRACTOR shall pay all clarets. costs,. losses and damages caused to - 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 es two rears after the date of Substantial Completion or such longer period of time as may be prescribed, by Lags or Regulations or by the terms of any applicable special ,guarantee required by the Contract Documents or by any specific provision of the Contract Document-,, any Work is found, to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OVtWER's written instructions: (r) correct .itch defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Rork that is not dejk&e, and (ii) satisfactorily correct or remove and replace anyy- 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 Rork corrected or the rejected .York rem(wed and replaced and all claims: costs Iosses and damages caused trf or resulting from such remcn-A and replacement (including but not limited to all costs of repair or replacement of ixork of others) will be paid by CONTRACTOR. 13.111. In special circumstances wIxTe a particular item of equipment is placed in coatrmtoos service .before Substantial Completion of all the Work the correction period for that item may :;tart to run from an earlier date if so provided in the Specifications or by Written mendment_ 13.12.3. Where defective Work (and damage to other �$ EICDC GII�IFR.,kL COhDiI O S 19104 (1990 EdM=) ui CITY OF FORT COLLLV.S MODIFICATIONS (REV 41COO) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the. correction period hereunder with respect to such Work till be extended for an additional period of {G-r*m tttno nears after such correction or removal .and replacement has been satisfactorily completed. 3cceptanee of Defective fTor: 13.13_ If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGD=s recommendation, of final payment also ENGINEER) efers'to accept it, OINNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER"s etwahiation of and determination to accept such defy h e Rork (such costs to be approved by ENGINEER as to reasonablenevs). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions m the Contract Documents with respect to the Rork: and OWNER shall be entitled to an appropriate decrease in the. Contract Price, and if the parties are unable to awe as to the am =ffiereof OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER 0M1 R-Alay CorrectDefeethy Mork 13.14_ If CONTRACTOR fails vxithin a reasonable [rate after written notice from ENGINEER to correct defective LVo& or to renmve and replace rejected Fork as required by ENGIIN= in accordance with paragraph 13.11, or if CONTRACTOR fails to'peifam. the Work in accordance with the Contract Documents, or if CONTRACTOR fart to comply with any otherprovision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising" the rights . and remedies . [order this paragraph OA NER shall proceed expeditiously. In connection with such corrective and remedial acticm; 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, take possession of CONTRACTOR"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 :-4ared elsewhere_ CONTRACTOR shall allow' O'%�Tr iER O tiVb-ER's repreSentatrves agents and employees OL1,+NER's other contractors and EVGLNEER and ENGINEER'., Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, tosses and damages incurred or sitarned by OWNER in Lcercising .such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Docua.emts with_ respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof OWNER may make a clait > therefor as.provided in Article 11. Such clairns, costs, losses and damazes will inchulebut not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CON-TRACTOR'.s Afecrive 7 ork. CONTRACTOR :fall not be allou-ed an e3derrAon of the . Contract Times (or Nfrlestones) because of any delay in performance of the Alork attributable to the exercise by 01; NEt of OWNTER!s rights and remedies hereunder. ARTICLE 1 --PAYN E_N-B TO CONTRACTOR -ND COMPLETION Schedrele of Uirlues: 14. L The .schedule of slues established as pro:.ided in paragraph 2.9 millsen-e as the basis for progress payments and will be incorporate into a form of :Application: far Payment acceptable to ENGINEER Progress payments on account of Unit Price Mork will be bared on the mrnber of units completed _application for Progress Pgvherrt: 14.2: At least twenty days before the date e`tablilmed for each progress . payment (but not more often than. once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment tilled out and signed by CONTRACTOR c( ering 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 deliiwed and suitably stored at the site.. or at another location agreed to in writing, the Application for Payuwmr shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWINER has received the materials and equipment free and clear of all liens and etidence that the materials and equipment are covered by appropriate property insurance and, other - arrangements. to protect O'%NER's interest therein, all of which will be. ,satisfactory to MVINI°ER The amount of retatnage with respect to progress pa nients uill be as'stipulated in the Agreement_ .A . f" that are uithheid by the O'WTNER shall not be subject to .substitution by the CONTRACTOR with securities or any arrangements im•olUin? an escrow or custodianship. By executing the application for payment form the CONTRACTOR esroressly waives his naht to the benefits of Colorado Remised Statutes, Section.24-91-101. et 22g- MWR3CTOR's fl'arrmrty of Fide: 14.3. CONTRACTOR sc'arrants and guarantees that title to all TWork, materials and equip--== cmwed by any Application for Payment, whether incorporated in the Project or not, will.pass to O'V NWM no later than the time of payment, free and clear of all Liens Re►!4,4e ofAppHcations forProgress Pk }vnerrt: 14.4_ ENGINEER will, with- ten days a8er receipt of each Application for Payment, either indicate in writing a EJCDC GE ER CONDMONS 1910-8 (1990 Edmon) w/ CTEY OF FORT COiUNS MODIFICATIONS ¢Eta 4,22000) reconmm-+ldation of payment and pregant the Application to OWNER or return the Application to CONTRACTOR indicating in waiting ENGD EERs reasons for refiksing- to recommend payment: In the latter case, CONTRACTOR may make thenecessary corrections and resubmit the Application_ Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recrm inended will (:subject to the prolisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWWM to CONTR.AC'TOR. 1.4.5. ENGINEER`s recommendation of any payment. requested in an Application for Payment will constitute, a representation by ENGLNEER to O%NI ER . based an ENGIIdEER's on -site observations of the executed Work as an experiencedand qualified design professional and. on ENGRgEER's retiiew.of the Application for Payment and the accompanying data and schedules.. that to the best of ENGIN=s knouledge, information and belief 14.5.1. the Work has progressed. to the .point indicated, 14.5.2. the quality of the [Fork is generally in accordance with the Contract Documents (.subject to an e-ml cation of the Work as a functioning whole :prior to or upon Substantial Completion to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other givalifications stated in the recommendation), and 14.5.3. the conditions precedent to CONI'RACTOR's being entitled to :such paym rot appear to have been fulfilled insofar as it is ENGiNEER's responsibility to observe the Work. Hourei er, by recommending any. such payment ENGIIs= will not thereby be deemed to ha3,•e represented that- (i) exhaustive or continuous on -site' inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically. asagned to EN6 VEER in the Contract Documents or (d that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment ,gall not mean. that ENGNe FER is re.Tonsible for CON-TRACTOR's means, methods, techniques, :sequences or procedures of construction or thesafetyprecautions and programs incident thereto, or for any ftilure of CONiRAC'T OR to comply with Laws and Regulations applicable to the fitmishing or performance of Wort-, or for any &Aure of CONTRACTOR to perform or finish Work in accordance with the Contract Document, 14.7_ ENGINEER may refuse to recommend the whole or any part of any payment if in ENGII=s opinion, it would be incorrect to make the representations .to 29 OWWER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any ;such paymient, or. because of subsequently.• discovered evidence or the results of subsegirent mspections or tests. mitlify any :such payment previously recommended, to such event as may be necessary in ENGINEER'.s opinion to protect O%VNER from loss because: 14.7.1. the Work is defective, or completed %York has been damaged requiring correction or replacement, 14.7.2_ the Contract Price has been reduced by i['ritten Amendment or Change Order, 14.7.3. OWNER has been required to correct de, je dwe Fork or complete Work in accordance with paragraph 13.14. or 14.7.4_ ENGINEER has actual knowledge of the occurrence of any of the events . eminuerated in paragraphs 15.2.1 through 15.2.4 in,chisicre. OWNER may refuse to make paymient of the full amount reccnmxnded by ENGINEER because_ 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or firmishing 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 set- off against the amount recommended, of 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 thirough .14.7.3 or paragtaphs.152-1 through 15.2.4 inclusive; but O'�ITNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) ,stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adluo-tnsent thereto agreed to try• OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the .reasons for .such action_ :Substantial Compled on: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall not&f O '0, and ENGINEER m xntiuig 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 CONTRACTOR 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 wing the reasons therefor. If ENGINEER EJCDC GENER_aL. CONDMONS 1910-9 (IM Mdm) 30 w•; = OF FORT COLIZZ MODIFICATIONS 9 EV V2000) considers the 'Work substantially complete, ENGINEER will prepare and deliver to OWNNER a tentative certificate of Substantial Completion which shall fie the date of Substantial Completion_ There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNTER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list_ L£ 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 OAFNER notify CONTRACTOR in writing stating the reasons therefor. It after consideration of OWN s objections; ENGINEER considers the Work substantially complete, ENGINEER will within .said fourteen days execute and deliver to MWER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of it to be completed or corrected) reflecting .Ruch changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from 0%'NER_ At the time of deliveev of the tentative certificate of %bstantial Completion ENGINEER will deliver to OININER and CONTRACTOR a wTitten recommendation as to division of responsibilities pending final paymxnt between. MWER and CONTRACTOR with respect to security, operation. safety: maintenance, heat, utilities, insurance and warranties and guarantees_ Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in witting prior to ENGINEER issuing the definitive certificate of Substantial Completion, EriGINEEX% aforesaid reconmrendation will be bmdm_g on OWNER and CONTRACTOR until final payment 14.9. O ti-�WER shall have the right to exclude CONTRACTOR from the Mork after the date of Substantial Completion, but O`l'NER :shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list_ Partial Etiliza on: 14.10_ Use by OVGNER at OWNER's option of any substantially completed part of the Work which: C) has specifically been identified in the Contract Doniam ts, or (ii) O%VNFR ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Mork that can be used by OWNER for its intended purpose without significant interference :vith CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10. L OWNER at any timo ma • request CONTRACTOR in writing to permit OSVNER 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 Oitr'NER 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. Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a STD SA WO rev07/09 CONTRACTOR at any time may notify- OI NER and �tGINEER in writing that CONTRACTOR considers any .such part of the % ork ready for its intended use and substandally complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, O%I NER, CONTRACTOR and EVGUNEER shall make an inspection of that part of the Work- to determine its status of completion_ If ENGINEER does not consider that part of the Work to be subAantiallf complete, ENGINEER .%all notify Mt NI ER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER consider that part of the [Work to be substantially complete,.the prmisrons of paragraphs 14.3. and 14.9 will apply uith aspect to certification of Substantial Completion of that part of the Mork and the division of responsibility in respect thereof and access thereto_ 14.102. No occupancy or separate operation of part of the Work will be accomplished prior. to compliance with the requirements of paragraph 5.15 inrespect of property insurance, FuraLliispection: 14.11. upon wiittea 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 motif% CONTRACTOR in .writing of all particulars in which ibis inspection reveals that the Krone is incomplete or deflecttve. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Pat anent: 14.12_ After CONTRACTOR has completed all .such corrections to the satisfaction of ENGI = and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules. guarantees, Bonds; certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in -paragraph 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 del -,wed) by: @ all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final ,payment, and (iii) completee and legally effective releases or waivers (.satisfactory to OWNER) of all Bens arising out of or filed in connection with the Work. In lieu of ,such releases or % covers of Liens anal' as approved by O'.WNiER CONTRACTOR may fu ih receipts or releases in full and affidavit of CONTRACTOR that. (i) the releases and receipts include all labor, :;entices, material and equipment for which a Lien couldbe filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected %wyth the. Work for.-,Iuch OWNER or OWNEWs Property mightin any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails FJCDC MNEP ar . CONDMON S 1910-8 (1990 Edidon) wi CT£Y OF FORT COLLNS MOMIGATIONS (=4v 2000) to fzunish such a release or receipt in cull, CONTRACTOR may munish a Bond or other collateral satisfactory: to OWNER to indemnify!, OWNER against any lien Releases or u-ai:.ws of Lens and the con_.eut of the suretv to finalize payment are to besubmitted on forms conforniw to the format of the OWNER'S standard forts bound in the Project manuaL. Final Pquient and Acceptarrc:e. 14.11 If on the' basis of ENGR4=s observation of the 'Work during .construction and final inspection. and ENGIINEER'.s're.aew of the final Application for Payer and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the V.'ork has been completed and CONTRACTORS other obligations under the Contract Documents have been fulfilled; ENGWHR %will, within tea days after receipt of the final Application for Payment indicate in uniting ENGINi =s recommendation of payment and pry the Application to OWNER for payment At the same time ENGIPu iEER wall also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to provisions of paragraph 14.15. OthemL;e, ENGINEER will return the. :application to CONTRACTOR indicating in writing the reasons for re&, mpg to. recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and. accompanying documentation, in appropriate form and substance and with ENTGINEER's, recommendation and notice of acceptability, the. amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR ,subject to paragraph f7.62 of these General Conditions.. 14.14_ It through no fault of CONTRACTOR, final completion of the 'Work is significantly delayed and if ENGINEER so conf rriz , OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommuendation of ENGINEER and twithout terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1; the written consent of the ,surety to the payment of the balance due for that portion of the Work sully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for .such payment. Such payment. shall be wade under the terms and conditions goremin final payment, except that it :hall not constitute a waiver of claim,_ Waiver of 0rains: 14.15. The usalsinand acceptance of final payment will constitute: 14.15.1. a waiver of all claims by 01�NNER against CONTRACTOR, kept claims arising from unsettled Bens, from dal"ectnw Work appearing after 31 final inspection puramant to paragraph 14.11, from hilure to comply with the Contract Dccant-ents or the temms of any-I)ecml guarantees :-pecifed. therein. or from CONTRACTO16 contimung obligations udder the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made m wnti ng and still unsettled. ARTICLE 1-5—SUSPENSION OF «TORIL AVND TERINMIiATIOv 0A1ER,VgY.5nspe►td Mork. 15.1. At any time and without cause; OWNER may mispend the WTOrk or any portion thereof for a period of not more than ninety days by notice in writing , to CONTRACTOR and ENGINEER which will tin the date on which Wrork will be resumed. CONTRACTOR shall resume the Work on the date so fixed- CONTRACTOR shall be allowed an adjustment in the Contract Pricee 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 11 and 12. 0 TVINER Mm, rrrminate. 15.2. Upon the occurrence of any one or more of the following events: 1521. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (inchuiing; but not limited to, failure to supply sufficient slaUed workers or suitable materials or equipment or failure to adhere to the progress schedide established tinder paragraph 2.9 as adjusted from time to time pursuant to paragraph 6-6); 152.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdictiam;. 15 2.3. if CONTRACTOR disregards the authority of ENGINEER- or 15-2.4. if. CONTRACTOR otherwise violates in any substantial nay any provisions of the Contract Documents; OWNER may, after gibing CONTRACTOR (arid the surety:, if any) seven dais° :vaittea notice and to the extent permitted by Laws and Rel-milations, terminate the setvices of CONTRACTOR exchtde CONTRACTOR fiom the site and take possession of the WTork and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or com-ersion), incorporate m the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GEIFR.AL C NDI Nis 1910-s (1990 Ediacn) 32 w;i CITY OF FORT COLLLNI S MODIFICATIONS CREV 4,2400) CONTRACTOR but which are stored eLevvimere, and finish the 'tVork as OWNNER may deem a 4)edient- In such case CONTRACTOR :1nall not be entitled to receive any fiuther pa"Mimt until the Work is finished. If the unpaid balance of the Contract Price exceeds all classes, costs, losses and damages sustained by OWNER arising out of or resulting from completing the %York such excess sill be paid to CONTRACTOR If such claims, costs. losses and damages exceed such unpaid balance, CONTRACTOR shall pay the dit&rence to OWNER :Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGLNEER as to their reasonablereesv and wiles so approved by ENGL iEER incorporated in a Change Order, provrided that when exercising any rights or remedies under this paragraph OIVNER shall not be required to obtain the lowest price for the iVork performed- 15.3. Where CONTRACTOR°s services have been so terminated by OWNER the termmation will not affect any rights or remedies of OWNER against CONTRACTOR then ecsrrina. or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNNER will not release CONTRACTOR from liability- 15.4. Upon seven days' aTitten. 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 effectn,-e date of termination, including tame and reasonable sums for overhead and profit on ,such Work, 15-4-2. for expenses sustained prior.to the effective date of tenmmination in performing senices and fim sbmg labor, materials or equipment as required by the Contract Documents m connection with uncompleted Wodc plus fair and reasonable sums for mwhead and profit on such expenses; 15.4.3. far all claims costs, losses and damages insured is settlement of terminated contracts with Subcontractors, Supplier, and others; and 15.4.4- for reasonable expenses directly attributable to terminatio - CONTRACTOR shall not be paid on account of loss of anticipated profits or m-muee or other economic loss arising out of or resulting from such termination. CO.,'v7R4CrOR.IIm' •Stop Mork or rerutirtate: 15.5. If: through no act or fault of CONTRACTOR the '�,Vork is stu-pended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGE NEER fails to act on any Application for Pa�mmat within thirty days after it is .submitted or OWNER Erns for thirty days to pay CONTRACTOR any :sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OI.VNER and ENGINEER and provided 0%WER or Eli i Gi1TEER do not remedy :such suspension or failure within that time, terminate the Agreement and recover from OWNER paymment on the : �me termus as provided in paragraph 15.4. In lieu of terminating the veement and without prejudice to any other right or remedy, if ENGINEER EER has ailed to act on an Application far Payment urithin thirty days after it is submitted, or Ms.INER has filled for thirty days to pay CONTRACTOR any stun finally: determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGENEER stoopp the Work until payment of all such amounts due CONTRACTOR, inchudung interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from mAin claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or other"ise for expenses or damage directly attributable to CONTRACTOR'S• .stopping jXfork as permitted by this paragraph_ ARnC.I.E 16—DLSPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, .such dispute resolution method and procedure, if any, shall be as set foray in Exhibit GC -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 paragraph.- 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—ZIISUMAINEOU?S Gii,ing lVottce: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm], or to an officer of the corporation for uwirom it is intended or if delivered at or sent by registered or certified mail. postage prepaid, to the Last businesv address lmown to the g}yer of the notice_ 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Document; by days, it will be computed to exclude the first and include the last day of .such period. If the last day of anv such period falls on a Saturday or Sunday or on a day made a legal holiday by the lase of the applicable jurisdiction' .such day aill be omitted from the computation. EJCDC GENERAL CO; IDMONS 191 as (1996 Ed on) wi = OF FORT COL.L US MODIFICATIONS (REV +1000) 17.2 ?. A calendar day of tw-enty-four hour measured from midnight to the neat midnight milt constitutee a day. \'office of Claim: 173. Should OWNER or CONTRACTOR suffer injury or danase to person or property because of any error, omission or act of the other party or of any of ttiee other parWs employees or agents or others for whose acts the other party is legally liable, claim will be made in aTiting to the other . party within a reasonable time of the first obsen-ance of stch injury or damage. The provisions of this paragraph 17.3 :ball not be construed as a ,substitute for or a waiver of the provisions of any applicable statute of limitations or repose_CurrudRti� e. Rerruetitt s: 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 vrithout limitation, the warranties, suarantees and obligations iixrpa.ed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30. 6.31, 6.32, 13.1, 13.121 13.14, 143 and 15.2 and all of the rim and remedies available to 01VNER and ENGINEER thereunder, are in addition to, and are not to be continued in any any as a limitation of� any nests and remedies available to any or all of them which are othemise imposed or. available by Laws or Regulations by special uatranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph arill be as effectivee as if repeated specifically in the Contract Document- in connection with each particular duty, obligation_ right and remedy to winch may. apply. Frofessionid Fees and Couirr Costs biduded. 17.5. Whene%w 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 oasts. 17.6. The laws of the State of Colorado apply to this .Amreement Reference to two pertinent Colorado statutes are as follow;,.; 17.6?_ If a claim is filed. OWNER is rectuired by lave (CRS 38=26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor. materials, team hire. susteflance. previsions provender. or other supplies used or consumed by CONTRACTOR or his 33 enforce such unpaid claim and a notice of lis Mdens is filed «7th the OWNER At the expiration of such ninety (90) day period OWNER shall pay to CONTRACTOR such m=evs and fun& as are not the subject of suit and hs pendens notices, and shall retain only sufficient ftuxds to insure the paNmiea of judgements which may result from the scut. EJCDC GE M AL CX)NDII O S 1910-9 (1990 Bbicu) 34 w! CTFY OF FORT COLUNS MODIFICATIONS (REV 4,2000) (This page left bhwk intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Editi(n) j$ wi= OF FORT COLLLNS MODIFICkTIONS (REV 4.,"?OOO) 36 EICEIC GM4Ex_u. CnNls7DMOS 1910-9 (1M F.cEri(m) irl MY OF FORT COLLINS MODIFICATIONS (RT;iF 4,2006) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RE SOLLMON AGREE EIN-r MV\iER and CONTRACTOR hereby agree that Article 16 of the. General Conditions of the Construction Contract between 01-NNER and, CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR aria'no 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 to arbitrate and any. other agreement or consent to arbitrate entered into in accordance hereuith as provided in this Article 16 will be.specifically enforceable under the pre%uiltng law of any court having jurisdictim 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 E] GD4= if a %rotten 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 ENTGNEER'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 the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any iwritten decision of ENGINEER rendered in accordance with paragraph 9.10 will bee made lager than ten days after the party makinsuch demand has delivered written notice of intention to appeal as provided in paragraph 9.10_ 16.3. Notice of thee demand fDr arbitration will be filed in noting with the other party to the Agreement and with the American Arbitration asociation, and a copy will be sent to ENGMT-ER far 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 errand be made after the date urn institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be basted by the applicable statute.oflimitations. EJCDC G&NERA.L CO; DMONS 1910-3 (1990 edition) wl CTIii OF FORT COLUNS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relatmg to the Contract Documents shall include by. consolidation, joinder or in any Other nLgIM any other person or entity (including. ENGINEER ENGLYEER's Consultant and the officers, directors, agents, employees or consultants of any of them) vuho 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 im-oved in a question of law or fact:which is con»n 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_ Much 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 inches the Work- of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration bemven OWNER and CONTRACTOR hereunder. CONTRACTOR ,shall include in _allsubcontracts required by paragraph 6:11 a specific provision tn3iereby the Subcontractor consents to being lolaed in, an arbitration between OWNER and CONTRACTOR m ohing the Work of. such Subcontractor. Nothing in this.paragraph 16.5 nor in the provision of such subcontract conwit;no to joinder shall create any claim, right or cause of action m favor of Subcontractor and against OWNER, ENGINEER or lac GL\FEE.R's Consultantx that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final judgment may be entered upon it in any court ha%* 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 thee breach thereof Cdispuies'D, to mediation by the American Arbitration A3Qciatioa under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand forarbitration pursuant. to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would mn ocably prejudice one of the parties. The respective thirty and ten day time limits within which to Me 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 limit and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under thisAgreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC :al EJCDC Gr1VH UL COINDMONS 191" (1996 F c ition) GC Al W,, CTrY OF FORT COLLINS MODIFICATIONS (3.EV 9r94) EXHIBIT C UNIT PRICE SHEET 7106 Cured -in -Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation OPENING: March 24, 2010 at 3:00 p.m., (our clock) Specifications: QTY. DESCRIPTION PRICE/UNIT EXTENSION 625 Lineal Feet 24" CMP $ 1 a6 $ SS` 2,5 a" 625 Lineal Feet 16'" CMP ca Gt"' 625 Lineal Feet 15" CMP $ 3 '4 31 � y_ 625 Lineal Feet 12" CMP $ $ 700 Lineal Feet 15" VCP $ 36 c o $ 2 5, Z vu c: 650 Lineal Feet 10" VCP $ 3 $ f Cc,) tic 4,900 Lineal Feet S" VCP $ oG $ ) oc� Service Connections 90 $ U v / Ci tsi $ u e- I. coo W Protruding Taps 10 $ 3o6 �v $ 3 G (-)G $ ac} Total 33 0, 7 50 ~- Completion: Completion will be made within D days after receipt of Notice to Proceed. Prices must be quoted FOB Destination: Fort Collins, CO Warranty: -� - yrs. (2 year minimum) Additional Size: Please provide per lineal ft. unit prices on other sizes you can provide and any additional costs or pricing if quantities differ on those listed above: $ Per Lineal Foot 5 $ EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. STD SA WO rev07/09 7 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that. has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. i THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Bond No.105445047 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Wildcat Civil Services, a division of wildcat Construction Co. Inc. Travelers Casualty and Surety Company of America 7915 Cherrywood Loop One Tower Square Kiowa, CO 80117 Hartford, CT 06183-6014 OWNER (Name and Address): The City of Fort Collins, Colorado 215 North Mason Street, 2nd Floor, PO Box 580 Fort Collins, CO 80522 CONSTRUCTION CONTRACT Date: June 1, 2010 Amount: ($ 330,750.00 ) Three Hundred Thirty Thousand Seven Hundred Fifty Dollars and 00/100 Description (Name and Location):7106 Cured -In -Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation BOND Date (Not earlier than Construction Contract Date): June 2, 2010 Amount �($ 330�750 00 ) Three Hundred Thirty Thousand Seven Hundred Fifty Dollars and 00/100 ` Iv1'odrflcatlon"sr`'to thls._Bond: ® None El See Page 3 n AL (Corporate Seal) Co. Inc. VVIE -* o ' Vtck ? kSI0UT- (Aqy ddifional signatures appear on page 3) SURETY Company: (Corporate Seal) Travelers Casualty and ur ty Company of, Amlgrr� pNo su�£rp Signature: Name and Title: Melissa D. Evans , HRRTFOAD,.w Attorney -in -Fact H 0 N. Surety Phone No. 860-277-0111 1."�"'eo�'� (FOR INFORMATION ONLY —Name, Address and Telephone) _W111IM11 - AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Companies, LLC. other party): 444 W. 47th Street, Ste 900 Kansas City, MO 64112-1906 816-960-9000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 I THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be Entitled to enforce any remedy availab►e to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA :5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C, 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the. Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 105445047 A/A Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Wildcat Civil Services, a division of wildcat Construction Co. Inc. Travelers Casualty and Surety Company of America 7915 Cherrywood Loop One Tower Square Kiowa, CO 80117 Hartford, CT 06183-6014 OWNER (Name and Address): The City of Fort Collins, Colorado 215 North Mason Street, 2nd Floor, PO Box 580 Fort Collins, CO 80522 CONSTRUCTION CONTRACT Date: June 1, 2010 Amount: ($330,750.00 ) Three Hundred Thirty Thousand Seven Hundred Fifty Dollars and 00/100 Description (Name and Location): 7106 Cured -In -Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation yy' -CONY (Not earlier than Construction Contract Date): June 2, 2010 u,nt ($x330 750.00 ) Three Hundred Thirty Thousand Seven Hundred Fifty Dollars and 00/100 f�ications,fo,this,,Bond: ❑ None P] See Page 6 ;ACTO;RVAS' P.RINCtPAL SURETY (Cor�oratse Seal) of Wildcat Constr ction o. Inc. V VC& "VD*A)r (Any additional signatures appear on page 6) Company: (C1) �.14 Sllgfrp Travelers Casualty \� r y Comp YY1 Signature: _a Name and Title: Melissa . Evans `, CONN. Attorney -in -Fact ,gyp ea�fi Surety Phone No. 860-277-0111nmmnn+�"`� , (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Companies, LLC. other party): 444 W. 47th Street, Ste 900 Kansas City, MO 64112-1906 816-960-9000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 A312-1%4 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA-' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTCN, D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING - MARCH 1987 TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 105445047 OR Project Description: 7106 Cured -In -Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Wildcat Civil Services, a division of Wildcat Construction Co. Inc. Obligee: The City of Fort Collins, Colorado KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Melissa D. Evans of the City of Kansas City , State of MO , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Sth day of August, 2009. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fide �+'r � ►�' �j i>'' �s fi . ?was �+s , P State of Connecticut By, City of Hartford ss. On this the 5th day of August, 2009, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. g�Q.TET My Commission expires the 30th day of June, 2011. o�S Marie C. Tetreault, Notary Public I b". This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary•, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this end day of June 1 2010 J ovc Kori M. Johanson, Assistant Secretary ,�►.��t 4"�'TYIt�._ �y►I�FP `*r i�pG P��MIYI� ,�Sfa1V� J%w+fri i'I/(� �r� U � � J.a"^""G�� � ���t� �� �ra•t,s� =��,f7��rP�^ u' '� �� � .�.'`� rY�,. ��'+ic��° ` 1977 � � ,ter ;� ,��r -�' '; � �� eu°rs`ry� � c � 1951 SEni, a '' SBXL ,° E � ta:i C s S9G �QS r+ �r }ti' PS ?ti fS. xw1 r . r .r • `411J AV�St`� ro verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Pact number, the above -named individuals and the details of the bond to which the power is attached. ACORO® CERTIFICATE OF LIABILITY INSURANC ��. 2011 DATE(MM/DD/YYYY) 6/2/2010 PRODUCER Lockton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-] 906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED WILDCAT CIVIL SERVICES INSURER A: Zurich American Insurance Company 16535 1312696 ATTN: TIMOTHY L. CARROLL INSURER B: American Guarantee and Liab. Ins. Co. 26247 7915 CHERRYWOOD LOOP KIOWA CO 80117 INSURER C: INSURER D: INSURER E: CT BETWEEN THE ISSUING COVERAGES SHECO01 SA NSURER(SIFIAUTHORIZED RCATE OF EPRESENTATIVE SENTATI NCE DOES VE OR PRODUCER AND TT CONSTITUTE A HE CERTIFICATE HOLDER. 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. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YYYY DATE MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000 000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A X COMMERCIAL GENERAL LIABILITY GLO 5945722-01 1/1/2010 I/l/2011 CLAIMS MADE XD OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 B X ANY AUTO BAP5945725-01 1/1/2010 I/l/2011 (Ea accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ XXXXXXX X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ XXXXXXX PROPERTY DAMAGE $ (Per accident) XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ j{){?{j{XXX OTHER THAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE AUTO ONLY: AGG $ }{XXY-XXX EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE $ XXXXXXX UMBRELLA 1:1FORM $ XXXXXXX DEDUCTIBLE $ XXXXXXX RETENTION $ WORKERS COMPENSATION X WC STATU- OTH- TORY LIMITS I ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE WC 5945727-01 I/l/2010 1/l/2011 A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) WC 5945728-01 I/l/20I0 I/l/2011 E.L. DISEASE- EA EMPLOYEEI $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: 7106 CURED -IN -PLACE PIPE SANITARY SEWER STORMWATER MAINS REHABILITATION. THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT. %.CRIIri%,A1C r1VLur—m GANULLLAIIUN 10900651 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILLYWOM1 NNO MAIL 30 DAYS WRITTEN FINANCIAL SERVICES PURCHASING DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,1��'D;Ail2ii$lfXffi�14761SS)G]1ALL 215 NORTH MASON STREET1�P[bNCYIN�liE�CI}fXGENTS 2ND FLOOR, PO BOX 580 OR FORT COLLINS CO 80522 XttfP47S>flYtti/l€S ACORD 25 (2009/01) ©1988-20WA(MRD CORPORATION_ All riahts reserved The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed in the'Producer'section above and specify the client code'SHECO01'. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Red Flaa Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. STD SA WO rev07/09 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this reference. STD SA WO rev07/09 9