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RFP - 7106 CURED-IN-PLACE SANITARY SEWER STORMWATER MAINS REHABILITATION
City of Fort Collins Request for Proposal CURED -IN -PLACE -PIPE SANITARY SEWER/STORMWATER MAINS REHABILITATION Proposal No. 7106 City of Ft Collimns Purchasing OPENING DATE: 3:00 P.M. (Our clock) March 24, 2010 PROPOSAL GUIDELINES Qualified contractors interested in the work described in this request should submit a minimum of the following information to the City: Described in detail your firms approach to the project. General information. a. Name of firm, contact person for this proposal, title, phone number, fax number, street and mailing addresses, any previous names of firm in last ten (10) years, and date established. b. List in detail current projects under construction and include owner's name, contract price, percent complete, scheduled completion date and brief description of the type of work. 2. Key project staffing. Submit the following information: a. An organization chart of onsite project management with names b. An organizational chart of all management with names that will be involved in the project including subcontractors c. Job descriptions of key positions (i.e., onsite supervisor, all personnel of installation crew, others as appropriate) d. Resumes or work history of individuals proposed to fill these key positions e. Define who will negotiate (a) the master agreement (b) individual workorders f. Indicate the availability of all individuals proposed on this project Please indicate your firms approach to staffing the entire project. Indicate pertinent work experience of assigned personnel. Include references from owners for the last 3 projects for each assigned person and similar references for work on cured in place pipe (CIPP) reconstruction process (if not among last three projects). Indicate if key staff will be assigned to manage the work for the duration of the contract. Indicate if the City would be allowed to review resumes of any key replacement staff. 3. General company resources. Indicate the resources available for construction approach and methods, construction sequencing and scheduling, equipment scheduling. Indicate location(s) if not based in the office location listed in item 1 above. List all projects and contract amounts completed by the firm in the past five years. Please address in detail the availability of personnel and equipment to perform this work. 10 4. 5. Project experience. Provide brief summary of cured in place pipe work performed by the firm in the last five (5) years. Highlight any participation by key staff proposed for this project. Provide data on: o Bid cost o Cost at completion and number of change orders o Contractor, subcontractor or owner initiated claims and their resolution o Contract time for completion when bid o Actual completion time Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays, additions to the work, etc.). Provide an owner reference for cited projects. Team Approach. Describe an experience by the firm or key staff which demonstrates your ability to work with owners in a team environment. 6. Safety record. 7. 8. 9 Provide the firm's OSHA reportable accident rate and current workman's compensation insurance multiplier for thelast three (3) years. Provide the OSHA reportable accident rate on projects managed by the proposed project manager over the three year period. Subcontractors. Based on the description of the work in this request, describe which portions of the work (if any) will be performed by subcontractors. Damages Caused by Contractor. Describe any major and/or minor damages caused by contractor to others property during the last three (3) years. Indicate how the damages were handled and by whom. Construction Costs. In your written response to this proposal provide linear foot pricing for each size of pipe from minimum size, to maximum size. Linear foot cost must include all permits, labor, materials, equipment, tools, transportation, and supplies required. Mobilization may be included in linear foot cost or may be separate, but all costs must be identified clearly. Indicate what warranty will be provided to the City of Fort Collins 11 10. Installation Process. Define the technical process, including materials, to be used in the Cured -In - Place installation. This must include all steps for delivery of the attached workorder in this RFP. Work order sample is attachment to the contract contained in this RFP. 11. Financial statement. Provide a recent financial statement showing: o Current assets o Other assets o Current liabilities o Other liabilities 12. Insurance Company. Provide the name, address and phone number of the firm's insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can the City be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? See supplemental instructions for minimum coverages required by the City. 13. Available Equipment. Provide a list of equipment to be utilized on the project defined. Provide a list of additional equipment that is available if required. 12 CONTRACTOR REVIEW AND ASSESSMENT Construction firms will be evaluated on the following qualification criteria. Criteria will form the basis for rating for written proposals as well as oral interviews. At the option of the City firms may be invited for interviews. Rating scale will be from 1 to 5 (or 10, depending on maximum possible points), with 1 being a poor rating, and the maximum possible points being an outstanding rating. POSSIBLE POINTS QUALIFICATION STANDARD MAX -MIN 10-1 Scope of Proposals Does the proposal show an understanding of the scope of the project, methodology to be use in the construction phases and the results that are desired from the project? 10-1 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Is the key staff available to do the work? 5-1 Safety Record "OSHA Illness/Injury Rate", "OSHA Lost Work Day Incidence Rate" and Workman's Compensation Experience Modification Rate Insurance Multiplier. 10-1 Firm Experience Has the firm worked on projects similar in scope to this project? Was this work of a high quality in nature? 15-1 Construction Cost Factors Do the proposed construction costs compare favorably with industry standards and other firm's construction costs? 10-1 Firm Capability Does the firm have experience, equipment, manpower and finances to complete the work? 10-1 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 5-1 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? References will be considered and ranked as satisfactory/unsatisfactory. 13 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: CITY. DESCRIPTION PRICE/UNIT EXTENSION 625 Lineal Feet 24" CMP $ $ 625 Lineal Feet 1811' CMP $ $ 625 Lineal Feet 15" CMP $ $ 625 Lineal Feet 12" CMP $ $ 700 Lineal Feet 15" VCP $ $ 650 Lineal Feet 10" VCP $ $ 4,900 Lineal Feet 8" VCP $ $ 90 $ $ Service Connections Protruding Taps 10 $ $ Total Completion: Completion will be made within 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: DESCRIPTION $ Per Lineal Foot $ $ For questions concerning this proposal, contact Opal F. Dick, CPPO, Senior Buyer, 970-221-6778. 14 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 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 15 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 {Option 11 This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the city, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the professional mailed no later than 90 days prior to contract end. 4. Contract Period. {Option 2] This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , 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 ( ) 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. STD SA WO rev07/09 16 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. 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 Attn: PO Box 580 Fort Collins, CO 80522 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. STD SA WO rev07/09 17 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 "B", consisting of two (2) page[s], and incorporated herein by this reference. 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 STD SA WO rev07/09 is 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. 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 STD SA WO rev07/09 19 TABLE OF CONTENTS Request for Proposal Project Scope of Work Proposal Guidelines Contractor Review and Assessment Unit Price Sheet Services Agreement Exhibit A (Workorder Form) Change Order (Sample) Exhibit B (General Conditions) Table of Contents General Conditions Exhibit GC -A Supplementary Conditions Exhibit C Insurance Requirements 2 Pages 5 Pages 3 Pages 1 page 1 pages 7 pages 2 pages 1 page 16 pages 36 pages 1 page 1 page 1 page Exhibit D Confidentiality 1 page 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 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. STD SA WO rev07/09 20 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 "C", 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 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 STD SA WO rev07/09 21 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. 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: 1. 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. f. 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. STD SA WO rev07/09 22 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 Flap 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. 23. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this reference. STD SA WO rev07/09 23 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [INSERT CORPORATIONS NAME] or [Insert Partnership name] or [Insert individual's name] Doing business as [Insert name of business] By: Print Name Title Corporate President or Vice President Date: ATTEST (Corporate Seal) Corporate Secretary STD SA WO rev07/09 24 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number. - Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: R Scope of Services: Address: 666666 outh -nta: a r.` F Coll s,'�C6 Not a real address) Pipe Diame er 8 Vet if Cla` Pipe. L ng 3 9_Li eal F et S{ rvi a Co `nectio s -3 aps: 3 es °.Pr tr ding: aps 3 Inl d Tu e: 0. O nom' al wall thickness, based on 400,000 PSI Modulus rtifi ate of I rance as indicated in Contract *,, `''➢ obili' ation and demobilization ;, ,t at.➢ P pelin cleaning prior to and after installation Y` P `eli' ' nary Video and Service Connection Identification line 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 7 " 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 rev07/093/3/2010 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: aate Mi ReviewApprov App & Risk Management 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: City Representative REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Title DATE: DATE: DATE: DATE: APPROVED BY: DATE: DIRECTOR OF PURCHASING (IF OVER $60,000) cc: Purchasing, City Representative, Contractor EXHIBIT B EJCDC GENERAL CONDITIONS GENERAL CONDITIONS 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 shauu by underlining tact that has been added and strilang through test that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL. CONDMONIS Page Article or Paragraph Number Number & Title I DEFINITIONS 1.1 Addenda 1-2 Agreeinent .......... ............................... j 1-3 Application for Payment ... ................... 1 14 Asbestos 1-5 Bid 1.6 Bidding Documents ----------------------------- 1 1.7 Bidding Requirements ......................... I 1-9. Bonds ................. 1-9 Change Order-------_--__ ........... 1-10 Conti -act Documents.... ........................ I 111 6ontract Price 1.12 Co-'atract Times ........................... ........ 1 1.13 CONTRACTOR -------------------------------- 1. 1-14 defective ....... _ ........... ......................... I 1.15 Draaings ....... ........................ ........... 1.16 Effectiv.e Date of the Agreement ..... 1-17 ENGINEER 1.18 ENGD=s Consultant 1-19 Field Order ---------------** -------------------------- 1 1-20 Gen Requirements eral--------- 2 ......... 1,21, Hazardous Waste . .................................. 2 1-22.a Laws and Regulations, Laws or . I -------------------------- Regulations ------------ 2 1-22-b Legal Holidays ............................... 1.23 Liens _....2 2 124 Milestone----------------_-----_------ .......... 2 1.25 Notice of Award ----------- 2 1-26 * ------------------ Notice to Proceed ............. ................ * ) 1-27 OWNER ... __ ....................... 1-28 Partial Utilization _2 1.29 PCBS 2 130 Petroleum 2 1-31 Project------------------ ........................... 2 132.a Radioactive Material ...........................2 132-b Regular Working Hours--------------------_. 2 1.33 Resident Project Representative- ........... 2 1-34 Samples- .................... _ --------- ) 1.35 ............ Shop Drawings,_. 2 L36 -------------------- ............ Specifications.. ------------_--------------- ) 137 Subcontractor ---------- 2 1-38 * -- ------------------------- Substantial Completion-, ...................... 2 1.39 Supplementary Conditions 1-40 ......... ...... Supplier__ .............. .................. .......... 2 1.41 Underground Facilities.-_----..._._..._.. . 2-3 1.42 Unit Price Work 3 1.43 Work 3 1.44 Work Change Directive ------- 1 ........... 3 1.45 Written Amendment .................. ......... 3 Page Number 2. PRE RVDNARY MATTERS 3 2.1 Deliony of Bonds .............................. 3 2.2 Copies of Domments ---------------------- 3 2.3 Commencement of Contract Times; Notice to Proceed ............ :.__3 2-4 Starting the Work-- ................. I ------ 3 2.5-2.7 Before Starting Construction, CONTRACTOR!s Responsibility to Report; Preliminary Schechles; Delivery of Certificates of Insurance .... ...................... ...... 3-4 28 Preconstruciion Confi!ience .............. 4 2.9 Initially Acceptable Schedules.-......__.4 3- CONTRACT DOCM1ENTS AMENDING, REUSE ------------- * ---------------------- 4 31-3-2 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting- and Resolving Dis- crepancies- ------------------------ _ 4-5 14 Intent of Certain Terms or Adjectives....... ------------------------- 5 3-5 Amending Contract Documents-__.___.5 16 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents ---- 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 41 Availability of Lands .....................5-6 4:2 Subsurface and Physical Conditions. ----------------------------------- 6 4.2.1 Reports and Drawings ....................... 6 42-2 Limited Reliance by CONTRAC_ TOR AuthcrizecL Technical Data --------------------- 6 4-2.3 Notice of Differing Subsurface or Physical Conditions ---------------- 6 4- ' 2.4 EN(3INEER!s Review ------------------------ 6 4.2.5 Possible Contract Documents Change............... ................. ...... _6 4.2.6 Possible Price and Times Adjustments....._----------------------- 6-7 4.3 Ph)wcal Cariditions-Utidefground Facilities 7 4-3.1 Shown or Indicated 7 43,2 Not Shoum or Indicated. ................... 7 4.4 Reference Points 7 FJCDC GENERAL CONTMONS 1910-8 (IM EDMON) %I CITY OF FORT COLLINS MODIFICAnONS (REV 9M9) City of Financial Services Purchasing Division 215 N. Mason St. 2nd Floor 6rt Collins PO Box 580 Fort Collins, CO 80522 �Purchasing 7 970.221.6775 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7106 Cured -In -Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation The City of Fort Collins IS REQUESTING PROPOSALS FROM QUALIFIED CONTRACTORS FOR VARIOUS SIZED Sanitary Sewer and Stormwater mains Rehabilitation for the City of Fort Collins using the Cured -In -Place Pipe Process. Estimated requirements for the first annual contract will include: 625 lineal feet of 15",18",21"and 24" CMP; 4,900 lineal feet — 8"VCP; 650 lineal feet — 10" VCP, 700 lineal feet of 15" VCP - Service Connectons: 90. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 24, 2010. Proposal No.7106 Cured -In -Place Pipe Sanitary Sewers/Stormwater Mains Rehabiliation. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Ray Fisher, (970) 221-6233. Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior Buyer (970)221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked `Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Article or Paragraph Page Article or Paragraph Page Number Sr Title Number Number Sr. Title Number 4.5 Asbestos, PCBs; Petroleum, Hazardous Waste or Radioactive Material----- 7-8 5. BONDS AND INSURANCE .................................. 8 5.1-52 Performance, Payment and Other Bonds---•-----------_---------_----------- 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability Insurance 9. 5-5 OWNER' Liability Insui-ance............... 5-6 Property Insurance ............... ---- --• ---- 9-10 5.7 Boiler and Machinery, or Addi- tional Property Insurance ----------------- 10 5-8 Notice of Cancellation Promsicu 10 5-9 CONTRACTOR's Responsibility for Deductible Amounts 10 5.10 Other Special Insurance ... -.................. 0 5-11 Waiver of Rights ...... _......... .---,............ II 5.12-5,13 • Receipt and Application of Insurance Proceeds...........:...::....10 I I 5.14 Acceptance of Bonds and Insa- ance; Option to Replace_.: ............ ....11 5-15 Partial Utilization -Property Insurance,_ .................................... I I 6.. CONTRACTOR'S RESPONSIBILITIES ........:...:..11 6.1-6.2 Supervision and Supeiintendence__.._.11 6.3-6.5 Labor, Materials and Equipment_._ 11-12 6.6 Progress Schedule 12 6-7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Constructiou Methods or Procedures; ENGINEERSs Evaluation._,_,_,•,___-12-13 6-8-6.11 Concerning Subcontractors, Suppliers and others; Waiver of Rights .................._-___13-14 612 Patent Fees and. Royalties .............. -__--14 6.13 Permits 14 6-14 Lairs and Regulations ... -....... -........... -14 6-15 Taxes M15 6.16 Use of Premises ---•-•------------------ -- ---- 15 6-17 Site Cleanliness _ 15 6-18 Safe Structural L'oading..................... _15 6.19 Record Docunreuts 15 6.20 Safety and Protection__ ................ 15-16 621 Safety Representative .........................I6 6.22 Hazard Communication Programs .... ...16 623 Emergencies ....... -....... .....-•-.---_-.•----..16 6.24 Shop Drawings and Samples..............16 625 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ...... :...:.......... ... ............16 626 Shop. Drawing & Sample Submit- tals Review by ENGINEER, _ .... 16-17 627 Responsibilityfor.Variations From Contract Documents 17 6 28 Related Work Performed. Prior to ENGINEER" Review and Approval of Required Submittals----------•°-........-•-----------17 629 Continuing the Work .------ 17 630 CONTRACTOR's General Warranty and Guarantee . ... .........17 6.31-6.33 Indemaificatiau 17-18 6.34 Survival of Obligation s._.-_..______.___IS 7. OTHER WORK 19 7.1-7.3 Related Work at Site __-- 18 7.4 Coordination ------------------------- 18 3_ OWNER`S RESPONSIBILITIES ....................... AS 8.1 Coniumnications to CON- TRACTOR . 18 8.2 Replacement of ENGINEER ...... 8.3 Furnish Data andPay Promptly When -Due-----------------=------------.... is 3.4 Lands and Easements; Reports and Tests--------------•-------------_ 18-19 8.5 Insurance__________________ ____19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals------------- --------19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ------•-,19 -,- 8.9 Limitations on OWNER'S Responsibilities .... .. .. ... .. ......... _:...19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material- ------------- --- • _-19 8.11 Evidence of Financial Arrangements-_. .......................... 19 9_ ENGINEER'S STATUS DURING CONSTRUCTION 19 9.1 OWNERN Representative ---------------- 19 92 Visits to Site 19 93 Project Representative ----------------- 19-21 9.4 Clarifications and Interpre- tations----------------- -------------.........:21 9.5 Authorized Variations in Rdrk 21 ni EJCDC GEN-M AL COIvDMCVS-1910-8 (1990 EDMOh) an' C= OF FORT COLLM MODIFICATIONS (REV 9,99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title. Number 9:6 Rejecting Defective Work .......... - 21 119-13.9 Uncmwing Work at ENG1_ 9-7-9.9 Shop Drawings- Change Orders NEER's Request--------------------- 27-28 and Pa}ments .................................... 21 13-10 OWNER May Stop the Work .......... 28 9-10 Detenninaticus for Unit Prices_ .... 21-22 13.11 Correction or Remm-al of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work . ............ ---------------- 28 NEER as Initial Interpreter..............22 13-12) Correction Period ................... 28 9.13 Limitations an ENGRq=s 13.13 'Acceptance ofDefecttve Work . ......... _ 28 Authority and Responsibilities ..... 22-23 13-14 OWNER May Con ect Defective Work 28-29 CHANGES IN THE WORK 23 10.1 OWNER!s Ordered Change ------------- ,23 14- PAYMENTS TO CONTRACTORANM 10.2 _J__ Claim for Adjustment_........ ............... .. 23 COMKETIO?� ....... ........... :.. ........... 1.0.3 Work Not Required by, Contract, 14-1 Schedule.6f Values ............. ........... 29 Documents ------------------------ ------------- 23 14.2 Application for Progress 10.4 Change Orders------------------------------- 23 Payinent .......... .......................... 29 10.5 Notification of Sureity .................... _ ... Z3 14-3 CONTRACTOR!& Warranty of Title 29 CHANGE OF CONTRACT PRICE ..................... __ .... 23 14.4-14-7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments__.._..___ 29-30 Adjustment' ' Value of 14-8-14.9 Substantial Completion____...__.__ .30� the Mirk ...... i ------------------------ 23-24 14-10 Partial Utilization .... ................. 30-31 11.4 Cost of the Work ........................... 24-25 14.11 Finallaspectioq ............ .......... 31 11-5 Exclusions to Cost of the Work .... _25 14.12 Final Application for Pa)mieat_ .-_ _ 31 11.6 CONTRACTOR!s Fee ........................ 25 14-13-14-14 Final Pa}ment and Acceptance .. .... 31 11.7 Cost Records, ................................ 25-26 14-15 Waiver. of Claims ............ --------- 31-32 11.8 Cash Allowances...............................26. 11.9 Unit Price, Work ................................26 15. SUSPENSION OF WORK AND TER'LvENAITON ---------------------------- ------------------22 CHANGE OF CONTRACT IMES ............................26 15-1 OWNER May Suspend Work ..... __32 lil Claim f6r Adjustment. ............ ........... 26 15-2-15-4 OWNER Nifay Terminate.. ............... 32 12.2 Time of the Essence.._. --------------- --------- 26 15-5 CONTRACTOR May St op 123 Delays Beyond CONTRACTORs Work or Terminate________________ 32-33 Control 26-27 12.4 Delays Beyond OWNER!s and 16- DispurE'REsoLunoN ....... ....... .............. CONTRACTOKs. Control- I ............ 27 IT MISCELLANEOUS.-----_--33 TESTS AND INSPECTIONS; CORRECTION. 17-1 Gning Notice-_,__.__.___ .................... 33 . REMOVAL OR Acc - EPTANcE OF 17-2) Computation of Times.- � ------------------ 33 D=C7TVE WORK ----------------------------------------- --------- 27 17-3 Notice of Claim ............................... 33 13.1 Notice of Defects 27 17A Cumulatixe Remedies :_ 33 13.2 -Access to the 17-5 Professional Fees andCourt----- 13.3 Tests and Inspections; Costs Included ............................. 33 CONTRACTOWs Cooperation. ......... 27 IT6 Applicable State Laws ---------------- 33-34 13.4 OWNER!s Responsibilities; Intentionally left blank-... ----------------- .35 Independent Testing Laboratory ....... 27 13-5 CONTRACTORS *ENHIBIT GC_A_•- (Optional) Responsibilities ---- _ -----------_---_----- 27 Dispute Resolution Agreement:_-.___ 13'6-13.7 Cmwing Work Prior to Inspec- 16-1-16-6 Arbitration ......................... .... GC_A 1 lion; Testing or Approval --------- ------ 27 16.7 Mediation.1111 --------------- __.GC_A1 1V EJCDC GENMRAL CONMMONS 1910-8 (IM MUM) vW = OF FORT COUINS MODIFICAMNS (REV 9)99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown irc this index Article or Paragraph Number Acceptance of - Bonds and Insurance-------------------------------------- * --------------------------------- 5.14 defective Nark -_ I .............. 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 .... ............ ---- (5.7-1 Work- by OWNER ............. ........... 2-5, 6-30, 6-34 Access to the - Lands, OWNER and CONTRACTOR responsibilities--- L ------ : ---------------------------- 4.1 site, related Woik -------------- * ................ - -------------- 7-2, lvvbrl� ........... ...13.2,13.14.14.9 .......................... . Acts or Omissions-. Acts and Omissions - CONTRACTOR fi.9.1, 9-133 ENGINEER_.__9.13.3 OWNER.----- ............. - ----------- M ...... 1 ..... 6-20,8.9 Addenda -definition. of (also .see. definition of Specifications) .......(L6, 1.10, 6-19): Ll Additional Property Insurances ............ - .................. __5_7 Adjustments - Contract Price or Contract Times ...... ................... . 1. 5. 35! 4.1, 4.3.27 4-5-2, -----------......... 4.5-3, 9.4, 9-5, 102- 10.4. ........................................11, 12, 14.81,15-1 progress schedule .............. 4 ........... I ...................... 6.6 Agreement - definition Of .1-2 ........................ --------- .................... Insurance, policy form ------- ................... 5...6-2. AIIGwances, Cash ............ ......................................... 11.8 Amending Contract Documents. .............. ------------ - 3-5 Amendment, Written - in general ... : ............ 1. 10: 1.45, 3-5, 5-10: 5.12, 6.62 -------------------------- U.2,.6.19, 10.11 10.4, 11-2 .................................... 12.1? 13.12.2,14:7_2 AppeaL OWNER or CONTRACTOR intent'to ...............•.......... 9- 10: 9.11, 10-4, 16.2, 16.5 Application for Payznent= definition of 1-3 ENGINEER!s Responsibility ............................... 9-9 final payment..._ ............. 9_1 3.4, 9-13.5, 14-12-14.15 in general 2.8,2.9. 0 ............... ..........5.6.4.9.10,15.5 progress payment ..................................... 1_14.1-14-7 re%riew Of ...................... ........................ 14.4-14-7 Arbitration .16.1-16-6 ........................... ................... Asbestos- claims pursuant thereto 4.3-2, 4:5.3 -------------_j1 CONTRACTOR authorized to Stop Work-_. _ _ _ _.4.5-2 definitionof ............................... ........... ............ 1-4 Article or Paragraph Number OWNER resPonsibilitY for -------__------•......... 4.5.1,8.10 possible price and times change----------------------- 4.5.2 authorized Variations in Work 3-6. 6.25. 6.27- 9-5 Amailability of Lands__ .................................. -4.11 8A Awwd, Notice of-Aefinect ........... .......................... 1-25 Starting Before Startin Construction ................. ............ 2_5-2.8. Bid-definitim of ...................... .l -5 (1-1, 1-10, 2-3, 33, ---------_.............4.2.6A, 6-13, 11.43; 11-9-1) Bidding Documents -definition of.......... I ............ --------------------- 1.6 (6.8.2) Bidding Requirements -definition Of 1-7 (1-12-4.2-6:2) Bonds acceptanceof----- ------------------- * ------------------ 5-14 additional bonds-. --------_---------- __ ------- 10-5.,.11.4.5.9 Cost of the Work ------------- -------- * ------- 11.5.4 definition of ........................................................ 1.8 deliveriy. of .............. ................... 2.1.5.1 _ ' final Application for Payment----------- ---- 14.12-14.14 general ....................... ........... 1-10, 5:1-5:3, 5.13, . ....................... - .............. 9.13, 10-5,14.7.6 Performance, Payment and Other 5.1-5.2 .......... - Bonds- and Insurance -in general...... ---------- 5 .* -----5�6.2 Builder's risk "all-risk" policy fbTrn ............ ........... CanceHation.ProvisionsL lnsurance ----- 5.4.11, 5-8, 5.15 Cash Allowances 11'8 Certificate of Substantial Completion.... J.382 6-30.2-3. ........................................... ...... 14.8, 14.10 Certificates of fjispection ----_--------- _R.13.4,13.5,14A2 Certificates of Insurance... ....... -7, 5.3, 5-4.11, 5A.131. .............. 5-6.5, 5-8-: 5:147 .9.13.4, 14.12 Change in Contract Price- Cash.ldlowances ----- ............................ ...... 11.8 claim for price adjustment----,------- 4.17 4.2.6, 4.51 5.15, 6.32, 9-4 ------ I ........ -9.5. 9.11, 10-2, 10.5, 112, 13-9, ........................ 13.13, 13_14, 14.7, 15.1, 15.5 CONTRACTOWsfee .. ....................................... 11-6 Cost of the Work general... .................................. * ........... I IIA-11-7 Exclusions to..---- -------- __ ............................ 11.5 CostRecords ................................. .................. 1I-7 in general .............. L19: 1.4419-11, 10.42t 10.4.3, 11 Lump Sum Priciae — ------ 7. ....... ........... 11-3.2 Notification of Surety ................................... .... 10-5 Scope ot ........ _---------- .............. ____-jO_3-10.4 : Testing and Inspection, C, Uncovering the Work .................................. 119 FJCDC GEML CO1,=ONS 1910-8 (I M EDMON) w+ = OF F0Kr COU INS MODIFICATIONS (REV 9,99) Lint Price Work 11.9 Article or Paragraph Number Value of Work .... :.......................... •-................. 11.3 Change in Contract Times - Clain for timei adjustment ....... 4.114.2.6, 4.5. 5.15, ............ 6.8.2, 9.4, 9.5, 9,11. 102. 10.5, 12.1, ............... 13.9, 13.13, 13.14, 14:7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond C.ONTRACTOR'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 ofDefecdw 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 Cast of the Work ------------------------------------ 11.4 11.7 Cost: Records--------------- 11.7 definition of .................................................. ...1.9 emergencies------------------- ---------...........0.23 ENI GINEERs responsibility ----•-9.8. 10.4, 11 2, 12.1 executiono£---------------------------------------------.....10.4 Indemnfiction ......................... 0-12, 6.16, 6.31-6.33 Insurance, Bonds and ........................ 5.10, 5,13, 16:5 OWNER may terminate ............................. 15.'_-15:4 OWNER s Responsibility ---_-----------I----------- 5.6. 10.4 Physical Conditions - Subsurface and: ............................................. 4.2 Underground Facilities-.. ...4.3.2 Record Documents------------•--- ..........-•------------ 6.19 Scope of Change.......................................10-3-10.4 Substitutes - - 6.7.3. 6.8.2 Unit Price Work _.. I1.9 -mitre of Work covered by_ ............11.3 Changes m the Work ....-•-------•----------10 Notification of surety ...............: ........................-10.5 OWNER 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 ................... ----------------- ..... 6.32 against OWNER------------- 6.32 Change of Contract Price ........ ................... 9.4, 11 2 Change of Contract Times,. --_-------- ...........9-4, 12.1 CONTRACTORs.............4, 7.1, 9-4, 9.5. 9.11. 102, ...........................11 2, 11-9, 12.1, 13-9, 14-8, ---------------------------------------- 15-1, 15-5, 17.3 ri CONTRACTORS Fee 11-6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6:16: 631 Cost of the Work--.--•• ...................... ------------11.4, 11.5 Decisions on Disputes -------------------------------- 9.11. 9.12 Dispute Resolution ................................. ._.. .......-•-.------------• •--••---------- 16.1 Dispute Resolution Agreement .................... 16.1-16.6 ENGINEER as initial iuterpretor-------_--._-_---._--9.11 Lump Sum Pricing------- ------------- _........ 11.3.2 Notice of -.-.- -------------------------- ------ ------ ._-17.3 OWNER's............. _.---- .4; 9.5, 9.11, 10 2, 11 -4 11.9 - ...................... 12.1, 13,9, 13-13, 13.11. 17.3 OWNER'S liability ........................ .. .... . 5.5 OWNER may refuse to make payment ------ --- ------14.7 Professional Fees and Court Costs Included -------------- - - 17.5 request for formal decision on_--__-------------------9.11 Substitute Items --------------- :........_------------- 6.7-1_2 TimeExtension ---______.....,____12.1 ... Time requirement s- ............ ..._.... 9.11- 12.1 Unit Price.Work ............................... ............. 11.93 Value of_••„••--____.._ 11.3 Waiver of -on Final Payment..--•------------14.14. 14.15 Work Change Directive ...................................... written notice required -........... ---------- 9-11, 112, 121 Clarifications and Interpretations .............3-63, 9.4, 9.1 I Clean Site ..-----_------........ ............6.17 Codes of Technical Society, Organization or Association. .....:_.... 3.3.3 Commencement of Contract Times .............................. 2.3 Communications- general---------------------------6.2, 6.9.2, 8-1 Hazard Communication Programs..._ ................ . 6.22 Completion -- Final Application for Payment ......... ....._.. ........ 14.12 Final Inspection _ --.--------------- ------14:11 Final Paymentpt and Acceance ...............14.13-14.14 Partial Utilization 14.10 Substantial Completion ...................... 1,38, 14.9-14-9 Waiueuof Claims 14.15 Computation of Times ................................ 17.2-1-17.2.2 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedules .............................. 2-9 preconstruction..................................... ............... .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... ................ A4 Continuing the Work -------------- ------------- --- ---- 6.29. 10.4 Contract Documents - Amending.. ... :------------------------ ------------=-------...,.....3.5 Bands - 51 FJMC GM-M ar. CONMrIIONS 1910-8 (19-00 EDI CN0 ad CITY OF FORT COUINS 240DIRCATIONS"(REV 9)M 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 verify .......... .......................... . 15 Clarifications and Interpretations- ...................._ 3.13.6. 9.4, 9.11 definition of ENGINEER as initial interpreter of ------------ 9�11 ENtGINEER as OWNER!s reprerentativ-e .............. 9-1 generaD Insurance -------------------------------- . ...... ----------- 5.3 Intent ........................................................ ......... * --------------- .................. --------- 31-3.4 miner variations in -the Work ------------------------------- 3.6 OWNER!s responsibility to fixiiish data.............. 8.3 OWNEFUs responsibility to make Prompt mmient ........ ------_--------- 837 14.4, 14.13 precedence_..__------ ......... ........................ 3.1, 3.33 Record DoculhentS., � ......................................... 6.19 Reference to Standards and . Specifications of Technical Societies... --------------- _ --------------- 3.3 Related work.......... ....... 7-2 Reporting and Resolving Discrepancies........ 2.5, 3.3 Reuseof ....................................................... .... 3.7 Supplementing .................................................. 3_6 Termination of ENGINEER!s Employment .......... 8-2 Unit Price Work ............................................... 11-9 ,.,ariations. .......... ........ ................. 3.6, 623, 627 Visits to Site, ENGINEER'S ........................ -------- 92 Contract Price - adjustment of ................ 3.5, 4.1. 9-4, 10.3,11.2-113 Changeof ............................................ __ ......... I I Decision on Disputes-------,----_..._1 ................. 9.1.1 definition of ....................... ; .............................. :I_11 Contract Times_ adjustment of ------------------- 15-4.1, 9-4,10.3:12 Change of .................................. ............ 12..1-12-4 Comme:ncement of ............................................. 2-3 definition of-- ------------- ------- -------------------- -- 1.12 CONTRACTOR - Acceptance of Insurance .................................... 5.14 Communications ............... ---------------- Continue Work .......................................... 6-29,10-4 coordination and scheduling ..... ................ 6.92 definition of ................... ------1.13 ---------- Limited Reliance on Technical Data Authorized .................................. _ ..... 422 May Stop Work or Terminate... _ _ _.... _...... _ ........ 15-5 provide site access to others ......................... 7.2,13-2 Safety and Protection....... ............. 43-1.2, 6.16, 6.18, ...................................... 6_21-6.23, 7-'-) 13.2 Shop Drawing and Sample Review Prior to Submittal ......... ............................... 0,25 Idi Stop Work requiremen4 .... ....................... 4.5.2 coNTRAcrows -- Article of Paragraph Number Compensatim,, ......................................... 11.1-111 Continuing Obligation ........... .......................... 14:15 Defective Work ................................ 9.6, 13.10-13,14� Duty to correct defective Work_.......... _..... _ ..... 13.11 Duty to Report- Changes in the Work caused by Emergency--------- ............. _ --------------- ... 623 Defects in Work of Others ............................... 7.3 Differing conditions ....................................4.23 Discrepancy in Documents ....... 275, 3.3.2, -2 6.14 Underground Facilities not indicated ........... 43.2 Emergencies------------------------------_- ................... -- 6-23 Equipment and Machinery Rental, Cost of the Work 11.4.5-3 Fee -Cost Plus ------------------- ........ 11-4.5-6. 11_5.1; 11.6 General Warranty and Guarantee ........................ 6-30 Hazard Comintinkation Programs ............. .... 6_22 Indemnification ..6-31-'6-33 ----------------- --.§.12* 6-16 Inspection of the Work---------------* --------- * ---- 7-3.13.4 Labor, Materials and Equipment .................. _6345 Laws and Regulations, Compliance by .............. 6.14-1 Liability Insurance . ------ .................... I .. ........ _ 1 - -.5.4 Notice of Intent to Appeal_� ............. ......... 9-M 10.4 obligation.to perform and complete the Work .030 .................. Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds--------------------- ------ 5.1 Permits, obtained and paid for by ... __ ............... 0.13 Progress Schedule.2�6 2.8, 2,9�, 6-6, ............................ 2 6.29- 10.4, 15.2-1 Request for fbinial decisionon disputes--- ----------- 9-11 Responsibilities - Changes in theVVark ................. ----------- 10-1 Concerning Subcontractors.. Suppliers and Others......... 6.8-6. 11 Continuing the Work -------------- * ........... 6-29,10.4- CONTRACTORs expense-----------------------_ .6.7.1 CONTRACTOR!s General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal.... ----------- 6-25 Coordination of Work____.. ................. 6.9.2 Emergencies ........................ ------------- ---------- 6223 ENGINEERs evaluation, Substitutes or "Or -Equal" Items .............................6.7.3 For Acts and Omissions of Others --------------- ........ 6.9.1-6.9.2, 9.13 :"*,* for deductible amouats.insurance._. ............... J.9 general ................... .................... 6: 7-2, 7.32 8-9 Hazardous Communication Programi._ ------- 622 Inde=ificatim, ------------- _.__ ----------- 6.31-6.33 FJCDC GENTRAL CON=ONS 1910-8 (1990 EDMONv V. CrFY OF FORT-ODLUNS MODMCATIONS (REV 9.-99) Labor, Materials and Equipment ............... 6-3-6J Laws and Regulations .................................. 6:14 Liability Insurance ......... - ..................... 1- - .... 5-4 At -tide or Paragraph Number Notice of variation from Contract Documents --------- ................. 627 Patent Fees and Royalties .............................. 6-12 Permits A 13 Progress Schedule .......................................... 6.6 Record Documents ................................. 6.19 related Work performed prior to ENGINEER!s approval of required submittals ............................... . ............. . 6.28 safe structural loading_ .... ............ ; ............ 6.18 Safety and Protection ....................6.20, 7-2, 132 Safety Representative .................... _ ............. 6.21 Scheduling the Work ............................ ...... 6.9.2 Shop Drawings and Samples_...................... 6.24 Shop Drawings and Sampi es Review by ENGINEER...----------- ------------ 626 Site Cleanliness, .......... --- .............. -- ..... 6.17 Submittal Procedures Substitute Consmxtiou Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items..._....... -.0.7.1 Superintendence ...................................... 6.2 Super-6sion ------------ : ...................................... 0.1 Sunival of Obligations ................................6.34 Taxes- ........ - i --------- --- --------------- .............. b.15 Tests and Inspections------......__..._----- -------- 13.5 To Report 2.5 Use of Premises- .................... 6.16-6.18, 6-302-4 Review Prior to Shop Drawing or Sample Submittal .......................... -------------- 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim._...._,___ 4,7.1, 9-4, 9.51 9-11 r 10. 2,11 -1-1 ...... -Al.9112.12 13-9, 14.8, 15.1, 15.5, 17.3 Safety and Protection----------------- 6.20-6.1-), 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-67 Substitutes and "Or -Equal" Items. - Expense ............... ..................... ....... 6-7. 1,6.7-2 Subcontractors, Suppliers and Others -------- -6.M.11 Supermsion and Sup.ffintendence., ....... 6.1, 6-27 621 Taxes, Payment by .-------------- ............... 6.15 Use of Pr . emises -- -- -- -- - -- --- -- ---- - -- -6-16-6-18 Warranties and euarantees .......................... 6.5, 630 Warranty of Title ............................................. J4.3 Written Notice Rajuiied- CONTRACTOR stop Work or terminate, ...... 15.5 Reports of Differing Subsurface and Physical Conditions. ------------------- =-4-2-3 Substantial Completion...............................14.8 CONTRACI'ORS-other ......................................... I ....... 7 Contractual Liability Insurance ------------------------------ 5 '-4-10 Contractual Time Limits- -.12-2 Article or Paragraph Number Coordination- CONTRACTORs responsibility .......... .. ..... 6-9.2 Copies of Documents Correction Period ........... - ..................... ........ 13.12 Correction, Removal or Acceptance of Defective Work- in general .................................... 10.4.1,13.10-13.14 Acceptance ofDofeenve Work ........................... 13.13 Correction or Femov-al of Defective work ................................. 6.30.13.11 Correction Period ....................... ................ 13.12 OWNIER'llay Correct De .f-tiv- Work ............... 13.14 OWNER May Stop Work ...................... .......... 13.10 Cost - : of Tests and Inspections ..................................... 13-4 Records ' 11.7 Cost of the Work - Bonds and insurance, additional ................... 11-4-5-9 .Cash Discounts .., ...... I ..................................... 11.4.2 CONTRACTOR!s Fee 11-6 Employee Expenses -------------------------------------- 11-4.5:1 Exclusions to ................ ------------------- General 11-4-11.5 Home office and overhead eq)ense* ....................11.5 Lasses.and damages-,-: ................................. 11-4-5-6 Materials and equipment ................................ 11-4-2 ?Vlinor expenses ...... .... 11-4-5-8 Payroll costs on changeq .............................. -11-14.1 performed by Subcontractors ............................ 11.4.3 Records 11.7 Rentals of construction equipment and machinery--------_____._-------------------- 11-45.3 Royalty payments, permits and license fees Site office and temporary facilities_....,... _ • •... • 11-4-5-2 Special Consultants, CONTRACTOR!s .... ..... 11.4.4 SupplSupplemental emental-------------------- ------------------- - -- --------------------- 11-4-5 ------ Taxes related to the Work ............................. 11-4-5-4 Tests:and InspectiomL ................................. ....... j3A Trade Discounts .... .................... I ---------- -1-11.4.2 Utilitie& M and sanitary facilities ................ 11-4-5-7 Work after regular hours ................................. 11.4-1 Covering Work-----------_._-__ ------------ ..... 13-&13.7 Cumulative Remedies ....................... ............... 17.4-17.5 Cutting,- fitting and patching. ....... -------------------------- 7-2 Data to be furnished by OWNER...... _....... _ _....._ .... _ 5.3 Day -definition of .......................................... --17-2-7 Decisions on Disputes---------------.-------------------- -§. 11, 9.42 dqfective=-definition. of ........................................... 1.14 defectiveWork- Acceptance of ...................................... 1074-1E 11.13 FJMC GENERAL CONMMOM 1910-8 (LQN EDMON) w = OF FORT COI DZ -MODIFICATIONS (REV 9199) Correction or Removal of� ............ ..... 10-4-1, 13.11 CorrecticnTeriod 1112 in general .... .................. _ ............... 13, 14.7,14.11 Article or Paragraph Number Observation by ENGINEER 9.2 OWNER May Stop Wcrlc. ............................ 13.10 Prompt Notice of Defects ...................................13.1 Rejecting--------------- ..................... I ............... 9.6 Uncovering the Work ...................... ----------------- 13-9 Definitions - ---------------------------------------- 1 Delays --------------------- ............... 4.1, 6.29, 12.3-12.4 Delivery of Bons__._......_ ........ ..... 2-1 Delivery of certificates of insurance— , -------- ......... 2-7 Determinations for Unit Prices ----------9.10 - Differmg Subsurface or Physical Conditions — Notice of ................................................... ... 4.2.3 ENGINEER!s Review 4.2-4. Possible Contract Documents Change ............... 4.15- PossiW e Price and Times Adjustmen# .............. 4.24 Discrepancies -Reporting and Resolving ............ ........ ....... —2.5, 3.3-2, 6, 14-2 Dispute Resolution — Agreement_ ----- ............. .................... 16.1-16.6 Arbitration ------------------------------------------ 16.1-16,5: generall6 Mediation ..... __ ............... ..............................16.6 Dispute Resolution Agreement ------------------ ...... 16-1-16-6 Disputes, Decisions by ENGINEER ------------------- 9.11-9.12 Documents — Copiesof ............. .......................................... 2-2 Record 6:19 Reuse of-, 3.7 Drawings --definition of ............ ......... .................. 1-15 Easements ............ ___ .................... 4-1 Effectixv,date: of Agreement — definition of .............1.16 Emergencies------------------------- _.................. .............. 623 ENGINEER — as initial interpreter on dispute§-_. -9-11-9.12 definition of ................... ................................. 1.1 " 7 Limitations an authority and responsibilities..__- 9.13 Replacement of ................................................. . 8-2 Resident Project Representaii,T ............................. 9-3 ENGINEEKs C-onsultant — definition. of 1-18 ENGINEEKs— authority and responsibility, limitations on ------- 29;43 Authorized Variations in the Work ..................... 9.5 'Change Orders, responsibility for...... 9.7, 102 1 L 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes ................ defective Work, notice of ................................... 13.1 Evaluation of Substitute Items...._.................... 6.7_3 Liability-------------- -------------------------- ....... 6_322!M2) Notice Work is Acceptabk ......................... ---- 14: 13 Observations ................................ ....... 0-10-2, 92 is OWNER!s Representative ................ _ ......... _ ....... 9.1 Payments to the CONTRACTOR, Responsibility fbr- ------------------------------------ 9.9,14 Recommendation of Payment .................... 14-4,14.13 Article or Paragraph Number Responsibilities —Limitations on ---------- ....... 9-IJ-9-13 Review of Reports on Differing Subsurface and Physical Conditions.------____-------------- 4.2.4 : .- Shop Drawings and Samples, review responsibility--------_------ ................. -....6-26 Status During Qnstructicn— authorized variations in the Work ..9.5 ........... Clarifitations and Interpretations ............... 9,4 Decisions on Disputes................ ---------- 9.11-9. 1�2 Determinations an Unit Price ..: ........... 9A0 ......... ENGINEER as Initial Interpreter----..... 9:11-9-12 ENGINEER"s Responsibilities._, ....... 9.1-9-12 Limitations on ENGINEER!s Authority and Responsibilities ---------------------------- -- M3 OWNEKs Representft,....................... Prqjeq Representative ...... _ ....................... _93 RejectiugDefechim Work ............................... 9.6. Shop.Drawings, Change Orders and Payments --- ....................... . . ..... 93-9_9 %7isits to Site ................................................ 9-2 Unit Price determination.:._._....,........................9.10 Visits to Site..-_-_ .............. . I .................... ........ 9.2 Written consent required ................ ------------ 3.2,9- 1 Equipment, Labor,,IIaterials 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 Arrangemenq ....... .............. 8-11 Explorations of physical conditions ................ -------- 4.2.1 Fee:CONITACTOR!s—Costs Plus— ----------------------- 7 11.6 Field Order— defmifion of ....................................................... 1.19' issued by ENGINEER-------------------------------- 3-6-1.9-5 .Final, Application for Payment ............................... 14-1.2 Final Inspection ........ ................ .......................... 14-11 : Final Payment — and Acceptance ------------------------------ - ----- 14-13-14-14 Prior to, for cash allowmces .......................... 11-8 General Provisions 17.3-17-4 General Requirements— . definition of _... ................................. .......... 120 principal references to .............. 2-6, 6.4. 6.6-6-7, 624 Giving Notice .................................................. ... _17-1 Guarantee of Wcrk—by CONTRACTOR.._. 6.30,14.12 Hazard Communication Programs ............ .............. 6-22 Hazardous Waste— definition of ----_----- ............ --------- ------------- 1.21 general. _ . ........................................................... 4-5 OVINER!s responsibility floc - ----------- .... ___ .... 8.10 FJCDC GENERAL cx*mn-ion 1910-8 (1990 EDITION) wY CM OF FORT COLLINS MODIFICATIONS (REV 9)99) Indemnification ............................. .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 byENGlNEER ---------- --------------- 9.6. Tests and Approcal............................ 8.7, 133-13.4 Insurance - Acceptance of by OWNER . -:__-5.14 Additional, required by changes in the Work 11-4-5.9 Before starting the Work.. ...... ._------- ,.......... ......... 27 Bonds and -in general 5 Cancellation Provisions 5.9 Certificates of ........ -.... ._._.2:7; 5; 5.3, 5-4.11,`5.4-13, ---------------------•-•5.6.5, 5.8, 5.14, 413.4, 14.12 completed operations------------------------------ CONTRACTOR's Liability 5.4 CONTRACTOR's objection to c(nTrage--------- ----- 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 .... :...5:8, 10.5 Option to Replace ............................................. 5.14 other special insurances----------------------- OWNER as fiduciary for insureds..............5-12-5.13 OWNER's liability ..... ........................................ 5.5 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--------------------- -------------- :--------= 5.1 a Waiiw of Rights .............................................. 5.11 Intent of Contract Documents..............................3,1-3.4 Interpretations and Clarifications --------------------- 3.6.3, 9.4 Investigations of physical•conditions ......................... 4.2 Labor; Materials and Equipment------------------ -----6.3-6.5 Lands - and Easements - •--------------------- -------- 8.4 ..-. Availability of ........ ................................. ---........_.4.1, 8A Reports and Tests ................................ ............ ...8-4 Lams and Regulations -Lams ar Regu lations- Bonds.........................................................1-5.2 5 Changes in the Work ----------------------------- Contract Documents 3.1 CONTRACTOR's Responsibilities.---------,--------- 6.14 Correction Period, defecdve Work.....................13.12 Cost of the Work, taxes_ . ..... ........... ......... .11.4-5.4 .definition of... ....... ....... ...... ............ : -------------- 1.22 general6.14 Indemnification--------------- ------------------- ...... 31-6.33 Insurance...........................................................5.3 Precedence-------------------- •• 3:1, 33.3 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 Insurance- CONTRACTOR's - 5.4 OWNER's 5.5 Licensed Sureties and Insurers ------ -...:.,=---------,------- 5.3 Liens - Application for Progress Payment ... . .. ................14 2 CONTRACTOR's Warranty of Title --------------------14-3. Final Application for Payment.. ............:........_-14.12 definition of-------_-•---....----------1 ---- ----------------- 23 Waiver of Claims 14.15 Limitations on ENGR TEER's authority and responsibilities.------:--- ------------- ------------------------ 9.13 Limited Reliance by CONTRACTOR Authorized 4.2.2 Maintenance and Operating Manuals - Final Application for Payment .................. .......14.12 Manuals (of others)- Precedence------_--------........ ............ ........... _3 3.3.1 Reference to in Contract Documents ..................3-3-1 Materials and equipment- 4shedbyCONTRACTOR ................................. 3 not incorporated in Work: ................... ---------------- 14-2 Materials or eq-pment-egtuyalent :......................... 6.7 Mediation (Optional) ...................... 16.7 Milestones -definition of......_-•--------------------------- 1.24 Miscellaneous, - Computation of Times ..................... .......... ........... 17.2 Cumulative Remedies---------,------------------------_•-17.4 Giving Notice .................... ................................. 17.1 Notice of Claim .---•-•----•-•-----------------------------------17.3 Professional Fees and Court Costs Included ........ 17.5 Multi -prime contracts ............... 7 Not Shown or Indicated ... ............ .......................... 43__ . Notice of - Acceptability of Project ............... ...................._14-13 Award, definition of .......................................... 1 25 Claim - 173 Defects,13-1 Differing Subsurface or Physical Conditions.----- 4::2.3 Giving ----------------------------------- 17.1 Tests and Inspections........................................13:3 Variation. Shop Drawing and Sample ................. 4--27 Notice to -Proceed - definition of ...................................... ...... ..... ...1.26 grogo£-----------------------------------------------23 fircDc GEmEvLL COImIIioNs i9io-8 (MO EDITION) uv CITY OF FORT COLLINS MODIFICATIONS (REV 9,19) Notification to Surety------ ------- -----------------------_-----10.5 Observations_ by ENGINEER ...................... -.... 6.30, 9-2 Occupancy of the Wort:..................5.15, 6.30-2.41 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 work 7 O%wume Work —prohibition of.-- ..................... -------------- - - 6.3 OWNER— Acceptance ofdefectfue Work ..........................13,13 appoint an ENGINEER......................................8.2 as fiduciary ............... ----------- ------ -------_---- --------- Availability of Land; responsibility ....................4.1 definition of 1.27 data, furnish..---- .................................... ..........8-3 May CorrectDefectn.-e Wark ..................______-13.14 May refuse to rw payment_._- _ A7 May Stop the Work ..................................... .-_-13.10 May Suspend Work Terminate----------------„.,,,,.-.3.8, 13.10; IS.I-15.4 Payment, make prompt----_._•--__---- -8-3, 14.4. 14.13 Performan& of other vwrk_------------------------------- 7.1 permits and licenses, requirements .................... 6.13 purchased insurance requirements .............. 5.6-5M OWNER's— Acceptance of the. Work ........ ...................... 6-30.2-5 Change Orders, obligation to execute ---------- $_6, 10.4 Communications—_., ........ .......................... ._ 8-1 Coordination of the Work 7.4 Disputes, request for decision ;-•-•-------------- ------ 9.11 Inspections; tests and approvals ................. 8.7, 13.4 Liability Insurance-. . ---------------------------------- -------- 5.5 Notice of Defects .............................................. 13.1 Representative —During Construction, ENGINEER's Status 9.1 Responsibilities — Asbestos, PCBs, Petroleum Hazardous Waste or Radioactive Material ................. 8.10 'Change Orders 8.6 .Changes in the Work 10.1 communications 8.1 CONTRACTOR's responsibilities.-;................. 8.9 evidence of financial arrangements .............. 8.11 inspections, tests and appimals.....................8.7 insurance ------------------------------------------------------ . .8.5 lands.and`eajsements 8.4 prompt payment by- ....................... ----------------8.3 replacement of ENGR&-ER--_----------------------52 reports and tests ---------- ------------- •-------- ............ 8.4 stop or suspend Work..................$.8, 13.10, 15-1 terminate CONTRACTOR's services---------------------------- ---------- _ $_8. 15.2 separate representative at site.............................9-3 s testing, independent ---- ------------------------ ----------- 13.4 use or occupancy ofthe Waik----....... .............5.15, 6.30.2-4, 14.10 written consent or approx-al required-------------------------------°------.9.1, 63, 11-4 ETCDC GENTRAL COI-MMONS 1910-8 (19W EDMOA) wl CM OF FOR? COLLM MODIFICAITO S (REV 9.'99) 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 OWNER's responsibility for.------ ............. -._....... 8-10 Partial Utilization - definition of .......................... ..........................1.28 general6.30.2.4, 14.10 Property Insurance. . ........................................... 5.15 Patent Fees and Royalties ...:.................................. 6.12 Payment Bonds ................ ...........•------............... 5.1-5:2 Payments, Recommendation of- ----------- 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments....................... 14.2 CONTRACTOR's Warranty of Title _-----------------14.3 Final Application for Payment _ _...._. _ _... _ _.. I4.12 Final Inspection.............. 14.11 Final Payment and Acceptance .............. general ............... ............................. 83, 14 Partial Utilization..-----------------....------------ --••.14.10 Retaimge...... ----. . ..... 142 Review of Applications for Progress Payments, ........................... 14.7 promptpayment----------------------------------------- --- ---8.3 Schedule of Values ..................... -.................. ..14.1 Substantial Completion, .......................... .14.3-14.9 Wailer of Claims- ..................................... ......•14.15 when payments due---=---------------------- ------- 14.4, 14.13 withholding payment ------------------------------------------ 14.7 Performance Bonds----------------------•------------ . 5.1-5._ Permits 6.13 Petroleum - definition of 1.36 goal....................... ............ --4-5 OWNER's responsibility for ------ ................ ......... 8-10 Physical Conditions. Drawingsof in or relating to,•---------------------- 42.1-2 ENGD=s review ---------------------------------------- 4.2.4 existing structures ...4-2.2 general4.2-1-2 ----- - ------------------------------- Notice of Differing Subsurface or----------------------42.3 Possible Contract Documents Change-------------- 4.2.5 Possible. Price and Times Adjustments-------------- 4.2.6 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 Facilities- general...........:............................................. . 3 Not Shown or Indiczted -------------------------- ---4.3.2 Protection 6f................. -:.:.,_.,.------------- 43, 620 ai Article or Paragraph Number Shown or Indicated::..............................................4.3-1 Technical Data---------------- ................... -....... = - .2.2 Preconstruction Conference.......................................2.8 Preliminary Matters_________ _ _ __ __ __ ___ • • •....-_ __-......:....------... Preliminary Schedules .......................................: 2-6 Premises, Use o€.-__----------------•-----------.... - 6.16-6.18 Price, Change of Contract ---------------------------- 11 Price, Contract -definition of ........... 1.11 Progress Payment, Applications for ........ ----__ --_------14.2 Progress Payment-retainage ........................... 14.1 Progress schedule, CONTRACTOR's--..........2.6, 2.8, 2.9. 6.6, 6.?9, 10.4. 15 2.1 Project definition of --------------------- °.......................... 1.31 Project Representative- ENGRtEERs Status During Construction............9-3 Project Representative, Resident --definition Of --------- 1.33 Pry Payment by OWNER.....................................9.3 Property Insurance- Additional--------------- 5.7 general 5.6-5:10 Partial Utilization ..................... ......... _5.15, 14-102 receipt and application of proceeds.-__-:--.----5.12-5.13 Protection, Safety and ............................. :620-6.21, 13.2 Punch list ------------------ 14.11 Radioactive Material- defintion of ............................... ................. ... 1.32 generai4.5. OWNER's responsibility fox.............................._8.10 Recon>mendation of Payment-, ......:.......14.4, 14.5; 14.13 Record Documents:--------------------------------------6.19, 14.12 Records, procedtues for maintaining .............. 2.8 Reference Points ........................... 4.4 Reference to Standards and Specifications of Technical Societies 33 Regulations, Laws and(or)--...........................•.... 6.14 Rejecting Defecffiv Work ------------------- ----- --9.6 ------------- RelatedWork- at Site ,7.1-7.3 Performed prior to Sltop Drawings and Samples submittals re -view ........ ............. 628 Remedies, cumulative ............................. 17.4, 17.5 Removal or Correction ofD�fecdve Rrork----- ............ rental agreements, OV,,TiER appro%al required .. •.11-4.5.3 replacement of ENGINEER, by.MWER....................82 Reporting and Resolving Discrepancies --------------------------------- 2.5, Reports 3.32, 6.14.2 - and Drattiings-------------------------------------------------4-7-1 and Tests, OWNFRs responsibility!... .................. 8.4 Resident and Project Representative - definition of ........................... ---...............------1.33 prrnision for.-,.,, ........ ..................... : ........ .............. 9.3 FJCDCGEITRAL COP DInom 1910-8 (IM EDI ON) wd CITY OF FORT COUINS MODIFICATIONS (REV W99) Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Article or Paragraph Number Resident Superintendent, CONTRACTOWs ......... ...... 62 Responsibilities— CONTRACTORs4n general, ............ .................... 6 ENGP=s-in general ........................................... . 9 T imitations on ......... — ........ ....... ............ --- 9.13 : OWNEW.s-in general. ................... 7 ------------------------ 8 Retainage ........................... .......... 14�2 ............. Reuse of Documents ................. Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal ------------------ Review'of Applications for Progress Paymmts . ................ ............... 14.4-14.7 Right to an adjustment-_--..... ..... ............ 10.2 Rights of Way .............. ................. ..................... 4-1 Royalties, Patent Fees and ....................................... 6.12 Safe Structural Loading ....................... .................. 0-18 Safety — and Pictection ................ .......... 4.32, 6.16: 6.18, * --------------------- ' --------- 6.26-6.21, 7-2r 13.2 general --- — --------- — ............................ -------- 6,20-6.23 Representative, CONTRACTOWs ........ .............. 6-21 Samples — definition of ...................................................... 1-34 general..................................... ............... 6.24-6.28 Re%iewby CONTRACTOR .................. ............ 625 Retww by ENGDIEEK ---- : ......................... 6.26.6-27 related Work------ ..................... ............ ....... ,628 submittal of ................. ............................. 624.2 submittal procedures ........................ ...... I ........ 6..25 Schedule ofprogress --------------------------- 2-6, 2.8-2.9, 6-6. ---- ....................................... 6.29. 10.4� 15-2.1 Schedule of Shop Dravdng and Sample Submittals .............. I ............... 2-6, 2.8-2-9; 6.24-6:28 Schedule Of Values ........................... .. 2.6, 2.9-29, 14-1 Schedules — Adherence to 152.1 Adjusting---------------------------------------- ------------------- 6-6 Change of Contract Times ................................. 10.4 Initially Acceptable ......................... ............. 2-8,2-9 Preliminary...................................... ................ 2.6 Scope of Changes,_ .................. : ...... 10.3-10A Subsurface Conditions 42-1.1 Shop Drawings — and Samples, general-.-.-, .......................... _6-24-6.28 Change Oiders & Applications. for Payments. and ......................................... 9-7-9.9 definition of-. ................ -------------------- ------- 135 ENGWEER!s approiral of ------------ ** ----------------- 3.6.2 ENGD=s responsibility for re-.iew-. . ---------------------- 6.24-6-28 related Work---------------------- ......... ........ ----------- 028 reiiiew procedures ............................... 2.8. 6.24-6.28 aid Article or Paragraph Number submittal required--------------_-_--_:--.,-_---_ ....... ... 6.24-1 Submittal Procedures use to appicnv substitutions------------------------------ j5.7.3 Show -a or Indicated . ................ :� ....... .... . 4.3.1 Site Access ........................................................ 7.2,13.2 Site Cleanliness Site, Visits to— byENGINEER ............................. ----------- 9-2:13.2 byothers ----------- 1-1 --------------------- I ............ ... 13-2 "special causes of loss" policy form insurance ...................................... .................. 5.6.2 definition of ............................. ....................... 1-36 Specifications- defination of .................................................... 1-36 of Technical Societies, reference to ................... .3.1 precedence-------- -----............. 33.3 Standards and Specifications of Technical Societies 33 Starting Construction, Before ................ ...... 2-5-2.8 Starting the Work ......................... -------------------- ...... 2-4 Stop or Suspend Work— byCONTRACTOR -------- ---------------------- ------ 15.5 byOWNER ............................ 7 ---- --- 1 8:9,13.10,15.1 Storage of materials and equipment----__-__.--____-_. 4-1,72 Structural Loading Safety ........................................ 6.18. Subcontractor — 'Concerning --------------------------------------- ...... definition of----------------------------------------- ----- -- --1.37 delays............................................................. 12-3 waivw of rights-.. - ................. ............ : .............. 611 Subcontractors --in general --------------------------------- 6-8-6i11 Subcontracts --required provision-------_- 5.11, 6.11, 11.4.3 Submittals — Applications for Payment.. ......................... ---- 14-2 Maintenance and -Operation Manuals --------------- 14,12 Procedures...... ................................................. 6-25 Process Schedules— ----------------- ---------- 26• 2.9 Samples ............................................. ... 6-24-6-28 Schedule of Values ---- 2.6. 14.1 SchedWe'offShop Drawings and Samples. I ------.6, Submissions-: ...............................- 2 21-2-9 Shop Drawin_gq ...... .................... -------- 6.2t-6.28 Substantial Completion— certification.of ---------------------------- 6.30.2-3. 14-8-14.9 definition of .............. ; ...... ------------------------------- 1-38 Substitute Cons ' tnx-tion Methods or Procedures----_-- 6.7.2 Substitutes and "Or Equal" .......................... 6.7 CONTRACTOWs F-,qxase .............. 6.7.1.3 ENGDMER!s Evaluation 6-7.3 "Or -Equal" -------------- ------------ .................... Substitute Construction Methods- FjcDc GENTRAL comxnom 1910-s (igoo EDrrioN) ,aV CITY OF FORT COLLINS MODIFICATIONS (REV %99) Article or Paragraph Number . or Procedures ...... ....................... .--------------- 6.72 Substitute Item s... -................. :.......... °---........ 6-7.1.2 Subsurface and Physical Conditions -- Drawings of in or relatug to .................... 4.2,:1.2 ENGINEER's Miew ........................................ .t ?_4 general................................... ............... -.......... 4-2 Limited Reliance by CONTRACTOR Authorized .42.2 Notice of Differing Subsurface or Physical Conditions. ......................................... 4.2-3 Physical Conditions.,-:....... ..4.2.1.2- Possible Contract Documents Change_, ................ Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings .................................. -__ 4-2-1 Subsurface and -------------•-•------------------- ....- 4.2 Subsurface Conditions at the Site ..................... : 4.2_1.1 Technical Data 4.2.2 Supervision- CONTRACTOR's responsibility ........................... 6.1 OWNER shall not supervise------------------------------_ 8.9 ENGINEER shall not superti*...............• 9 2, 9-13- 2 Superintendence ............. •--•---------------..--•-----------------6-2 Superintendent; CONTRACTOR's resident_ ..............6-2 Supplemental casts- --------------------------------------_...11-4-5 Supplementary Conditions - definition o£.......................... ..........................1.39 principal references tQ::................ 1.10, 1.18; 2.2, 2-7, . ........................--4.2; 4115.1: 5.3, 5.4, 5.6-59, 5.11. 6-8. 6-13. 7-4, 8-11, 9.3, 9.10. Supplementing Contract.Documents_...... ......--------- 3 6 Supplier - definition of 1.40 principal references to ............ 3-7, 6.5, 6.8-6.11, 6 20. ..........................................6.24, 9.13, 14.12 Wai, ew of Rights_- ........................... ............. fi.11 Surety - consent to final pa}went----,---------- ..:......14-_12, 14.14 ENGINEER has no duty to. -•...................... 9.13 Notification of,_••-••----------------------••,.•1Q1, 10-5; 15.2 qualification of.................. .................. 5.1-5-3 Sur-.iv°al of Obligations-_._..-,-._ ........§.34 Suspend Work, OWNER -Ma) .............. ........... 13-10, 15-1 Suspension of Work and Termination . ...................... 15 CONTRACTOR May Stop Work or. Terminate ............ ................... 15.5 OWNER May Suspend Work.............................15.1 OWNER. May Terminate -____......._..............15:2-15-4 Tastes -Payment by CONTRACTOR----------------------- 6:15 Technical Data - Limited Reliance by CONTRACTOR................42.2 Passible Price and Tunes .Adjustments ....... 4.2.6 Reports of Differing Subsurface and Physical Conditions ..................................... 4.2.3 Temporary construction facilities --------_-_--_ _---------4.1 Article or Paragraph Number Terminatlon- byCONM,kCTOR................ ............ ............. _15-5 by OWNER ....................................... 8-8. 15.1-15.4 of ENGINEER's employment-- .... Suspension of Work-in general___..............-....__..15 Terms and?►djectices................ -.......... --................. 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 Laws and Regulations(or)__..........................._ 13.5 Notice of Defects ............. ------------------- - 13.1 OWNERMay Stop Work -------------------- ------ ----13-10 OWNER's independent testing ..........................13-4 special, required by ENGINEER----------- *--------.--9.6 timely notice required ............. ------- ----- ---------13.4 Unco-uering the Work, at ENGINEER's request----------------- ... 13.8-13.9 Times- Adlustin&........................----•.............--............ 6.6 Change of Contract ------------- ---------------------- •----------12 Computation of.... ............................................17-2 Contract Times --definition of..: ........................ 1.12 day.........................................................17:2.2 Milestones ............................................. 12 Requirements - appeals----------------------------------------------- 9.10, 16 clarifications, claims and disputes, ........... 9Al, 11 2, 12 Commencement of Contract Times ------------------ 2.3 Preconstruction Conference 2.8 schedules........................................2.6, 2.9, 6-6 Starting the Work __...........---------------------------- 2.4 Title, Warranty of ........... --------------------------------14.3 Unco�zring Work------------------------------------- ......13.8-13.9 Underground Facilities, Physical Comtions- definition of .............. ...............- --- ---•----_ 1.41 Not Shown or Indicated 4-3-2 protection of ----------------------- ----------------------- 4-3; 6.20 Shown or Indicated ----------------------------- ----------- 43-1 Unit Price Work - claims........ ................................11.9-3 definition of - ........................ 1.42 genera111.9, 14.1, 14.5 Unit Prices- generall 1.3.1 Determination for-- -------------------------------------- -9A0 Use of Premises,.. .....................-....__.6-16, 6.18, 630.2.4 Utility o«hers--------------------------_ 6.13, 620, 7.1-73, 13.2 Utilization, Partial ................... 1.28, 5.15, 6302.4, 14.10 Value of the Work...- .................................... 11-3 Value's, Schedule of, ........................... ..2.6, 2.8-2-9, 14.1 EJCDC GENmu Coiornom igio-3 (IM EDITION' ai+ = OF FORT COLLINS MODIFICATIONSOMV *99) Variations in Work —Minor Authorized ------------------------ ---------_ ...625; 627, 9S Article or Paragraph Number Visits to Site —by ENGINEER....:................._......--._.9-2 Waiver of Claims —on Final Payment ......................14.15 WaiLw of Rights by insured- arties .................:5.11, 6.11 ZVatranty and Guarantee, General —by CONTRACTOR 6.30 Warranty of Title, CONTRACTOR's.......................14.3 Work — Access ,2 byothers, .............. Changes in the--- -............. ---------------------- 10 Continuing the -.............................................. :.. 629 CONTRACTOR flay Stop Work or Terminate = :-------_--- 15.5 ----------------- Coordination of Cost of the-- ............................................ -.-I1.4-11.5 definition of 1,43. neglected by CONTRACTOR-------------------------- I3.14 other Work ......................... OWNER May Stop Work ........................ .13.10 OWNER May Suspend Work .......... .......... 13-10, 15-1 Related- Work at Site ................................. .... 7-1-7.3 Starting the, ................... ..... ..... .•---.......2A Stopping by CONTRACTOR ............ ...... ...........15.5 Stopping by OWNEP............. ....................15.1-15-4 Variation and de-.iation authorized, minor ....•..... 3.6 Work Change Directiw— claims pursuant to. . .............------......--------.........10.2 definition of-----:-----_---•-................... ---1.44 principal references to— ..................... 3-5.3, I0.1-102 Written Amendment — definition of ........ ............................... ..........--1.45 principal references ta............... 1.10, 3.57 5AM5:12, 6:6 21 `6.8.2, 6.197 10.1, 10:4, ---------------------------_ 112: 12 1. 13 122. 14.7 2 Written"Clarifications and Interpretations ............................ ....... 3.6.3, 9_4; 9-11 Written Notice Required— byCONTRACTOR .......... ---------------- „7.1, 9-10-9.11, --------------------------------------- 10.4, 11.2, 12-1 by OWNER ................ ____9.10-9.11; 10.4, 11.2, 13.14 at ETCDC GE N RAL COh=DEMONS I9I0-8 (1990 EDMOM w) CTFii OF FORT COLLI2 Z, MODMr—ATIOYS J E.'4 9M) (This page left blank intentionally) xivi EJCDC GENERAL CONDITIONS 1910-8 (1990 IDTITONv w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1DEFLNTIIO_NVS Wherever used in these General Conditions or in the other Contract Documents the following term have the nueanimg. indicated winch are applicable to botit the and plural thereof 1-1- AMerida-Written or _graphic instruments issued prior to the opening of Bids ' which clarify, correct or charij-, the Bidding Requirements or the Contract Documents- 12, .4grgwnm't-IIe written contract between OWNER and coNmArrok cInWMg the wodc to be performed; other Contract Documents are attached to the Agreement and made a put thereof as provided therein. 1.3. _JFpheafion for R07nerit-lbe form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 1.4 _asbestos -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above cment action levels established by the United * States Occupational Safety and Ifeahh Administration. 1.5. Bid-Tbe offer or proposal of the bidder submitted on the prescribed form setting forth the prim for the Work to be peribruied- ' 1-6. Bi& bhg Docianchn-The aftertisement or imitation to Bid instructions to bidder, the Bid fora,, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Roore*.6t47The advertisement or imitation to Bid, instructions to bidders, and the Bid form. 1-8. Bonds-Perfbimance and Payment bonds and other instruments 6f.security, 1-9. 0range Onier-A doatment recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deleti6i or revision in the Work or an adjustment in the Contract Price or the Contract Time; 'issued on or after the Effwti%,e Date of the Aeeement. 1.10. CbnMwt Documenis-Thee Agreement, Addenda (which pertain to the Contract Documents), CONTRACTORs Bid (including dwimentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) x0m attached as an exhibit to, the Agreemmt, the Notice to Proceed, the. Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCW GENERAL CONDMONS 1.9ins (1990Editim) vk r crry of FORT coLLLNs moriincA=Ns (REv 4nom) same are more specifically identified in the. Agreement ,together with all Written Amendments, Change Orders, Work Change Dtrecti-.L-_ Field Orders and ENGINEERs written tateqxetations and clarifications issued pursuant to. par.a'eraphs 3.5. 3.6.1 and 3.6-3 an or after the Effective ba�� of the 'Agreement- Shop - Drawing submittals approved pursuant to paraggraphs 626 and 627 and the reports and drawings. relined to in paragaphs 42.1 and 4.2-2 are not Contract Docunimis.. 1.11- Contnwt Price -The" moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions * of paragraph 119.1 in the case of Unit Prim Wbrk-)- 1.12. Con&rict llmes-The numbers of days. or the dates stated in the Agreement: (i) to achie%v Substantial Completion, and (ii) to compk-te the Work so that it is ready for final, payment as evidenced by ENGINEERs written reconimpudatica of final payment in accordance with paragraph 14-13. 1.13. CONMCTOR-The person, film or corporation with whom OWNER has entered into the AgreemeuL L 14- defecMw-An adjective which when. modifying the word Work refers to Work that is unsausfactoy, finki 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 approx-ml re&n-ed to in the ContractDocuments- or hasbeen damaged prior to E,NGDq=s recommendation of final payment (unless reqxn I sibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.9 or 14.10). l- 15- Elmmings-Tbe drawings. which show the scope, odent and character of the' Work to be flimished and performed by CONTRACTOR and winch have been prepared or approved by ENGINEER and are referred to ,in t Contract Dommeat& Shop drawings are not Drawings as so defined 1.16. K-ffecliw Lbta of the -Agreement-The date indicated in the Agreement on whicKlit becomes effectixe, but if no such date is indicated it means the date on which .the Agreement is signed . and delivered. by the last of the two parties to Sim and deliver- 1.17. EVGD7M-The person, firn or corporation named as such in the Agreement 1-18- LWGEv ME 's Cvrmdtani -A person, fum or corporation hai-ing'a contract with ENGINEER to flimish services as E24GINEER's independent professional associate or, consultant'with respect to the Project and who is identified as such in the Supplementary Conditions_ 1. M Field Onler-A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph'95 but which does not imolVe a change in the Contract Price or the Contract Tunes. 120- Crenernl ReT rensenis—Sections of Division 1 of the Specifications. 121. Hazanlom Mute —The term Hazardous Waste shall have the meaning provided in Section .1004 of the Solid Waste Dispo^al Act (42 USC Section 6903) as amended from time to time. 122.a. Laws and Regulations; Lnus or Regulations —Any and all applicable laws_ rules, regulations; ordinances, codes and orders of any and all jmwnmentd bodies, agencies, authorities and courts having jurisdiction 1.22.b- Legal HoRdaws—shall be those holidays observed by the City of Fort Collins. 123.. Liens -liens: charges, security interests interests or enn rribr ces upon real property or personal property 124-. ASilestone—A principal event specified in the Contract Documents relating to an intermediate canmpletion date or time prior to Substantial Completion of all the Work 125. No1}ce of.4%wd-A written notice by OWNNER to the apparent successful bidder stating that upon compliance by the .appazrnt successful bidder with the conditions precedent enumerated therein, within the time specified OWNER will sign and deliver the Agreenreat- 126. Notices to Proceed —A written notice given by OWNER to CONTRACTOR (n%ith a copy to ENGINEER) fining the date on which the Contract Times will commence to run and an winch CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents- 127— OW-MER—The public body or authority, corporation, association; firm or person with whom CONTRACTOR has entered into the Agreernent and for whom the Work is to be provided. 128. Parttial UhLzahon—LTse by OWNER of a substantially completed part of the Work, for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of ali'the Work. 129- PCBs —Polychlorinated biphenyls. 130. Petroleum —Petroleums including crude oil,or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); such as oil, petroleums fuel oil, oil sludge, oil ref -- gasoline, L— and oil mixed with other non -Hazardous Wastes and a nde oils. 131. Ph7ject--The total construction of which the Work to be provided under the Camttact Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 132.a. Radioactive Afaterial—Source, ,special nuclear, or byproduct material as defined by the Atcanc Energy Act of EICDC GF MUL CONMMOISS 1910-8 (1990 Efirian) ul CrrY OF FORT COLLLNS MODIFICATIONS (REV 4j-0DD) I954 (42 USC Section 2011 et . seq-) as amended from time to time_. 132.b. Rmtbr TF&Irinz Hours —Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements: 1.33. Resident Project Representativo—The authorized representative of ENGINEER who may be assigned to the site or any part thereof I.34. Sa»rples—Physical examples of materially equipnment, or w that are repr--,ativ a of. some portion of the and which establish the standards by which such portion of Sae Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Mork: 1.36. Specifications —Those portions of the. Comract Documents consisting of uxitten technical descriptions of materials, equipment, construction system, standards and wrnkmanship as applied to the Work and certain administrative details applicable thereto. 137- Submnbwtor—.An individual,. firin cr corporation having a direct contract with CONTRACTOR or with any other, Subcontractor for the performance of a part .of the Work at the site_ 138. Substantial Completion —The Work (or a specified part thereol) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINnWs definitiir-e oertificate 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 fior final payment as evidenced by ENGUgEERs written recommendation of final payment in accordance m paragraph 14.13. The terms �rbstautialiy comp svbslzrmalty completed' as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —Tip part of the Contract Documents winch amends or supplements these General Conditions. I.40_ Supplier -A msmn6eturer, fabricator, supplier, distributor, materialnman or vendor having a direct contract with coNaRAGTOR or with any: 'Subcontractor to fimrish materials of equipment to be incorporated in the Work by CONTRACTOR or any Subcontractac 1.41- Urrda mund Facilities —All pipelines, conduits, ducts, cables, wires; manholes, vaults, tanks, tunnels or other such facilities or attachments and an y encasements containing such facilities which have been installed underground to fiunish any of the following smices or materials: electricity, gases, steam liquid petroleum products, telephone or other communications, cable televisiotl sewage and draimage removal* traffic or other control systems or water. 1.42. Unit Price ff'orn Work to be paid for on the basis of unit prices_ 1._43. Work —The entire completed construction or the various separately identifiable parts thereof required to be famished under the Contract Doc tnentsWork includes and is the . result of performing or firnishimg labor and fiimisbing and incrporating materials and equipment into the construction, and performing or fla nishing services and fiumishing documents, all as required by the Contract Documents. 1.44. Mork Change Dinxt"—A written directive to CONTRACTOR, issued on or after the Effective. Date of the agreement. and signed by OWNER and rmon>mended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed. as prodded in paragraph 4.2 or 4.3 or to enmergencies wader paragraph 6._3. A Work Change Directive will not change the Contract Price or the Contract Timmer_ but is evidence that the parties erect that the chi directed or documented W .a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Cornet Times as provided in paragraph 10 2- IA5. Written Aniendihatt—A taTitten amendment of the Contract Documents,- signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the ncme� n�*+ or nontechnical rather than strictly consnnctiom-related aspects of the Contract Docunments. ARTICT.E'_—PRFi:n1INARY _%LATTER$ DeUvety of Bonds: 2.1_ Ltrlien. CONTRACTOR delivers the executed Agreements . to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to fiimiA in accordance with paragraph 5.1. Copies ofDocuments. 2. OWNER shall famish 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 Worst Additional copies will be fiummished, upon request at the cost of reproduction Coirunencernenrt of Contract Mires; 2Modce to Proceed.• 2-3. The Contract Times will commence to run on the thirtieth day after the Ef£ectitie Date of the Agreement, or, FJCDC G DM AL CON=OP: S 1910-8 CI M Fdroem) w/ CITY OF FORT COLLMS MODIRCaTIONS TH 4/2_0 0) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the fi rcti-uT Date of the Agreemment_ Sur YWng die* Fork: 2.4. CONTRACTOR shall .start to per&= the Work on the date when the Contract Times commence to run, but no Wodc shall be done at the site prior to the date on: which the Contract Times commence to run. Before.Starting 011S rrretion: 2.5. Before undertaking each part of the Worle CONTRACTOR shall caref ny study and comzpare ' file Contract Documents and check and verify pertinent figures .shown thereon and all applicable field measurements CONTRACTOR shall promptly report in v.Titi g to ENGINEER *a : conflict,' error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or claiification from ENGINEER before lxoceeding wif h any Work' afiPcted thereby, however, CONTRACTOR shall not be liable to O'failure rNER or ENGINEER for lure to report any Conflict - error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof:. 2.6- Withn ten days after the Ef€echve Date of the Agreement (unless otherwise wed in the Ge .A Requirements), CONTRAM OR shall submit to ENGINEER for review 2.6.1. a preliminary progress schedule indicating. the"times (numbers of days or dates) for starting and completing the various stages of the Wort, inchiding: any &rilestones specified in the Contract Documents; 2.6 2. a preliminary. schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting reviewing and processing such 2.6.2.1. In no case will a schedule be acceptable whhich allows less than 21 calendar days for each review by Enaeer_ 2-6.3. A preliminary .schedule of values for all of the Work Much will include quantities and prices of items. 'aggregating the Contract. Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress pa)vmeuts during construction. Such prices will include an appropriate amount of overhead and profit. applicable to each item of Work 2.7. Before any Work at the site is started, CONTRACTOR :and shall each deliver to the etlmer OWNER with copies to ENGINEER certificates of i LR=ce (and other evidence of insurance xaBa b OWNER which CONTR CTO is required to purchase and maintain in accordance with paragraphs 5.4. 5 6�5.7. Preco7n.stnnc6011 Conference: 2.8. W'ithin twenty days after the Contract Times start to run but.before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as. to the Work and to discuss' the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals processing Applications for Paymentand maintaining requited records. bridalh• _acceptable .Schedules: 2.9. Unless otherwise provided in the Contract Docimments,the fit5t before wrork at the site bez a conference attended by CO CTOR ENG _ and others as agpate designated by OWNER will be held to review foracceptability to ENGINEER as provided below the schedules .submitted in accordance with paragraph 2.6. and Division 1 - General Regtrirements. CONTRACTOR shall have an additional ten days to make corrections. and. adjustments and to complete and resubmit .the schedules, No progress pa}went shallbe made to CONTRACTOR until the schedules -are submitted to and acceptable to ENGINEER as provided below. The .progress schedule will- be acceptable. to ENGINEER as providing an, orderly progression of the Work to completion within any specified N ilestones and the Contract Times but such acceptance will neither impose on ENGINEER responsibility for the sequPnring" scheduling or progress of the Work nor interfere with or reheve CONTRACTOR from CONTRACTOR's full responsibility therefor_ CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a wrorkable an -an gemeat for reviewiima and processing the reeqquuired submittals C(NTR'ACIOR's.schedule of values will be acceptable to ENGINEER as to famr and substance. ARTICLE 3-CO-TRACT DOCT31IN7S: L\TE.\-T, ME Dr, G, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Dort are complementary; what is called fbr by one is as binding as if called for by alL.. The Contract Documents will be construed in accordance with the law of the place of the Project 3 7. It is the intent of the Contract Documents to EICDC GAR am 00NMMONS 1910-5 (IM E.&riO3) w? MY OF FORT COLUNS MODIFICATIONS (REV 420DD) describe a fimncnonally complete Project (orpart thereof)' to be constructed in accordance with the Contract Documents. An)- Wodr- materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being repotted to produce the intended result will be &fished - and performed whether or not specifically called for: When wards or phrases which have a well-known technical or construction industry or trade meaning are used to. describe Work, material, or equipment, such wards or phrases shall be winterpreted. in accordance with that —nip Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER, as provided in paragraph 9.4_ 3.3. Reference to Stcurdat+ and Specifications of Technical .Societies; Reporting curd Resobing Discrepmtcies: 33:1_ Reference to standards, specifications, manuals or codes of any technical society; organization orassociation, or to the. Laws or Regulations of any governmental authority, whether such referencebe specific a by implication, shall. mean the latest standard specification, manual, code or Laws or Regulations in ef!ct at the time of open* of Bids (or, on the Effective Date of the -Agreement if there were no Bids), except as maybe otherwise specifically stated in the. Contract Documents. 3.3.2. If during the performance of the Work CONTRACTOR discomws any conflict error; ambiguity or discrepancy within die Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of. the Work or of any scorch standard,specification. mammal 'or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report, it to ENGLNEER in writing .at once and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an anyndnx-nt or supplement to the Contract Documents has been issued by one of the methods indicated in ggar�sa 3.5 or 3.6, pm ided, however- that CONTRACTOR shall not be liable to OWNER or ENGINEER for faihre to report: any such conflict, error. ambiguity or discrepancy unless CONTRACTOR knew or re sonabty should have known thereof 3.33. Except as otherwise specifically stated in the Contract Docua its or as may be provided by amendment or suppienmeat'thereto issued by one of the methods indicated is paragraph 3.5 or 3.6. the provisions of the Contract Docume is shalltake precedence rn resolving any conflict, coot, ambiguity or discrepancy. between the provisions of the Contract Documents and 33.3.1. the provi;ions of an� such standard, specification, manual - uuniuual, code or instruction(whether or not specifically incorporated by reference in the Contract Documents); or 3:3.32. the provisions of any such Laws or Regulations applicable to the perfxmance of the Work (unless such an of the provisions of the Contract Documents would result in violation of such Law or Regulation). No pravifion of any such .standard; specification. maul; Code or instruction shall be efrcti4-e-to change the duties and responsibilities of OWNER, CONTRACTOR or ENG nMEEI, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Mcumeuts, nor shall it be effective to assign to OWNER, INGINEEII or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct. the fimmishing or, performance of the Work or any duty or authority to undertake responsibility +sonsisteni with the provisions of paragraph 9.13 or any other provision of the Contract Document. 3.4. Mene,6er in the Contract Documents the terms "as Ordered", "as directed", . "a5 t+egimrred", "as allowed". "as approz:ed" or terms of like effect or iumport are used or the adjectives "reasonable-, "s<titable", "aoeeptable", "proper" or "satisfactory" or adjectiu,-es of like effect or impart are used to describe a requirement_ direction, review or judgment of ENGINEERt as to the Work, it is intended that such requirement, direction, review or judgment %U be solely to evaluate: in general, the completed Work for compliancewith the requirements of and information in the Contract Docu+ia+ts and conformance with the design concept of the.cormmpleted 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 or .prance of the Work or any duty at aUfl]Ofmiy to undertake responsibility contrary to the provisions of paragraph 9.13 or. any oilier provision of the Contract Documents. .4nte►►d ig a►id .Sr►ppleme►►diig Contract Doe►nneuts: 3S, The Contract Documents may be amended to provide for additions, detetions.and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3.5.1. a formal Wtitten :Amendment 3.5.2. a Change Order (pursuant to paragraph 10.4), or ErcDcGENE ar co=riomi9mo-ep9aoEdiuml w! CTY OF FORT COLLINS MODIRCATIONS (R� 4r_OoO) 3.5.1 a Work Change Directive (pursuant to paragraph 10.1)_ 3.6. In, addition, the requi;erneuts of .the Contract Documents may be supplemunted and minor 13ifatL 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} 3.6 2. ENGINE Rs approval ofa Shop Drawing or Sample (pursuant to paragraphs 6-26 and 627), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). IL -use of Documents: 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or fhmishirrg any of the Work under` a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents for copies of any thereof) prepared by or bearing the seal of ENGDEER or E TGINEER's Consultant; and (ii) shall not reuse am of such Drawings Specifications_ other documents or copies on extensions of the Project or any other project. without untten consent of OWNER and ENGINEER and specific written ,mrificmtion or adaptation by ENGINEER. ARTICLE 4- AV .AU ABILITY OF LAB-DS; SUBSURFACE. k\D PIMIC_AL CONDMO\S; REFERENCEPOUTS _i,m76bt'Eh• of Lauds: 4.1. OWNER shall fiunisi _ as indicated in the Contract Documents, the lands upon which the Work is to be performed; nehts-of-nnav and easements for access thereto, and such other lanais which are designated for the use of CONTRACTOR , A�IT1yiFRr i.. r a a:n QKevwy fiw m 004GO of ate erg: i ....s gligh. 1 A aGeQ0aQQ@� tisi a€plieat►le CA and fig OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so fixrms ed wx& which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing ficilities will be obtained and paid for by OWNER unless otherwise proMed in the Coact Document 1 If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or edent of any adjustments in the Contract Price or the Contract Times as a result of any -delay in OWNER's fimnsi ing these lands, ights-of- uay or easements, CONTRACTOR may make a claim therefor as prodded in Articles 11 and 12- CONTRACTOR shill provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equtpment- ,42 Subsurface and Plt}sicd Conditions: 4.2. L Reporti and Diexings- Reference is made to the Supplementary Conditions for identification of 4-2.1.1, Subsurface Conditions.: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 42.12_ Physical Conditions:. Those drawings of physical conditions in or relating to existing surface or.'subsuncce structures at or contiguous to the site (except Undertaround Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2 2 Lin» ted Reliance N COiVM4CTOR Awhonted,- Tecirmcad Data CONTRACTOR may rely upon. the general accuracy of the "technical. data" contained in'such reports and drawings_ but'such reports and drawings are not Contract Documents. Such "technical data" is. identified in the Supplementary Conditions Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINNEER's Cowultants with respect to: 4.2-2-1. the cbmPletetim of such reports and drawings for CONTRACTOWs purposes, iffihuding: but not limited to, any aspects, of the means, methods, tecbmgaes, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inddent thereto, or 42212. other data interpretations; opinions and inf nmation contained in such reports or shown or indicated in such drawings, or 4? 23_ any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4.2.3. Notice of Differing Stebm face or PlUuicad Conditions: If CONTRACTOR believes flat any sutmuface or physical condition at or contiguous to the site that is uncosrred or revealed eider. 423-1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4-22 is materially inaccurate, or 4.23 2. is of such a nature as to require a change in the Contract Documents, or 42.33. . differs materially from that shown or FJCDC GENERAL C(MMITIONS,191" (199O Mtim) wi MY OF FORT COLLINS MODIFICATIONS OMB 4,h000) indicated in the Contract Docxumeots, or 4.23-4. 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 p immediately after becoming aware thereof and before fiuther disturbing ffe conditions acted thereby or performing any Work in connection therewith (excm in an emereeacv as pe�'tted by paragraph 6 23): notify OWNER and F'Ve GINEER in writing about such condition CONTRACTOR shall not fiirther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGLN=- s Review. ENGINEER will promptly review the pertinent conditions; determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (wish a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.25. Possible Connect Docimtents Change: If ENGDgEER concludes that achange in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.23,. 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 nines A usftnents- An equitable adjustment in the Contract Price or 'in the Contract Times, or both will be alloived to the edent that the existence of such • uncovered or revealed condition camses.an increase or decrease in CONTRACTOR'.s cost of; or time required for perfixn anee of the, World subject, hovvwver, to the following; 416-l- such condition rmrst meet any one or more of the categories described in paragraphs 4-2.3.1 throttgh 4.2.3.1, inclusive; 4.2.6:2. a change in the Contract Documents purstiant to paragraph 4 2.5 will not be an automatic authorization of . nor a condition precedent to entitlement to any such adjustment 4.2.63. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6-4. CONTRACTOR shall not be entitled to any adjustment iu the Contract Price or Times 4 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at tie time CONTRACTOR made a. final commitment to OWNER in respect of Contract Price and Contract Timis by the REQUEST FOR PROPOSAL 7106 Cured -in -Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation PROJECT SCOPE OF WORK HISTORY: Over the last twenty (25) years the City of Fort Collins has installed on the average 2,000 to 3000 feet of 8" and 1,000 to 1,500 feet of 10" cured in place pipe. Over a three year period in the 1990's an average of 700 feet of 21" and 800 feet of 18" cured in place pipe was installed. Additionally in the late 1990's and early 2000's an average of 900 feet of 24" and 1,000 feet of 12" cured in place pipe was installed. The City of Fort Collins selectively used 6" cured in place pipe in 1987 200 feet, 1994 260 feet, 1,250 feet in 1999 and 430 feet in 2009. SCOPE OF WORK: The following scope of work is a minimum requirement for Cured In Place Pipe Contractor: Pipe Diameter Sanitary Sewer 8" VCP 4,900 lineal feet 10" VCP 650,lineal feet 15' VCP 700 lineal feet Pipe Diameter Storm Sewer: 15" CMP 625 lineal feet 18" CMP 625 lineal feet 21" CMP 625 lineal feet 24" CMP 625 lineal feet • Service Connections: Service Connections 90 Protruding Taps: 10 • Certificate of Insurance: Contractor must provide certificate of insurance as indicated in Exhibit "D" • Schedule: All work to be completed within 90 days of notice to proceed. • Preconstruction Conference: After the contract award and prior to commencing work, the contractor will attend a preconstruction conference. The contractor will have the following submittal available for City of Fort Collins approval: Traffic control plans, Fire Hydrant metering, Homeowner notification letter, summary of equipment to be used, sources of materials, summary of trenchless lining method to be used, major subcontractors, proposed method of handling existing sewage while replacing lines. submission of a bid or becoming bound under a negotiated contract; or 42.6.42_ the existence of such condition could reasonably have been discowvred or mTaled as a result of any ex ++R vi tion. im-estigation, exploration, test or sh* of the site and coutiguouus areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's mnldng such final commitment, or 42.6.43_ CONTRACTOR failed to give the written notice wiithin the time and as required by paragraph 42.3- I€ OWNER and CONTRACTOR are unable to agree on eutitleavid to or as to the amount or length of: any such equitable adjustment in the Contract. Puce or Contract Times a claim may be made therefor as provided in Articles 11 and 12. However, OWNER ENGINEER and ENGWEERs Consultants shall not be liable to CONTRACTOR for any claims costs, losses or damages Maimed by CONTRACTOR on or in connection with any other project or anticipated prolect- 4.3. Phisical Coi dorm—Crrtde►ground FaciVdes: 43.1. S9uonrr or IMicatedi- The information and data. shown or indicated in the Contract D with respect to existing Underground Facilities at or coatiggunoo to the site is based on information and data futnisheduto OWNER or ENGINEER by the owners, of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3,1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such intrnmation or data-, and 4.3.1 _'?. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (i) rewiewing-,and checking alll such information and data, (ii) locating all Underground Facilities shower or indicated in the Contract Doctrments(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting Stun the Woric 4:32. Not ShoKn or Indicated- If an Underground Facility is unaided or rev-ealed at or. contigtiotts to the site utuch was not shown or indicated in the Contact Documents, CONTRACTOR shall, preoy: immediately. after becoming aware thereof. and before fii Cher disturbing conditions affected thereby or performing . any Work in connection therewith (except in an .emergency as required by para>�ph 623X identify the ownerof such Underground Facility and E1CDC GENEFAL CO mmoNs 1410-a (1.990 Edui m) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4i2000) Eiw-e written notice to that owner and to OWNER and ENGINEER_ ENGINEER Kill promptly review the Underground Facility and determine the L%terlt if any: to winch a chi is required in the Contract Done to reflect and document the:consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Dir ecth-e or a Change Order will be issued as protaded is Article 10 to reflect and document such consequences, During .such time CONTRACTOR shall.be responsible far the safety and protection of such Underground Facility as pprrovided in paragraph 6.20. CONTRACTOR ehall may be allowed an increase in the Contract Price or an extension of the Contract Times; or both. to the ex entthat they are attributable to the existence of any Underground Facility that ova. not shown or indicated in the Contract Doctimuents and that CONTRACTOR did not know of and couuld not reasonably havE been expected to. be aware of or to haye anticipated If OWNER and CONTRACTOR are unable to aeree..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 prmided in Articles 11 and 12. Hooka, OWNER, ENGINEER aid ENGIisiEER's Consultants shall not be liable to CONTRAt TOR far any claims, costs losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project_ Reference Points: 4.4. QtVIwiFR shall .prawide engineering sin- -eys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTR_kCTOR to proceed with the Work: CONTRACTOR shall be responsible for laying out the Wolfs shall protect and preseme the established reference. points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER w-henn. yr any reference point is lost or des ,ed or requires relocation because of necessary changes in grades or locations, and shall be ble for the accurate replacement or ieloCrtion of responsible points by professionally qualified personnel 4.5. Asbestos PCBs, Petroleirm, Hazardous Waste or Rae oactive Materiak 4.5.1- OWNER shall be responsible for any Asbestos, PCBs, Petroleum Hazardous Waste or Radioactn-e lvlaterial unemwed or revealed at the site which was not shaven or indicated in. Drawinp or Specifications or 'identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to perr..ans or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible far any such materials brought to the site by CONTRACTOR, Subcontractors Suppliers or an one else for whom CONTRACTOR is responsible. ARncLE `BON-DS rmuu-NwE Performance, Pti ►ment and Other Bonds. 51. CONTRACTOR shall firnish Performance. and Payment, Bonds, each in an amount at least equal to the Contract Price as security far the faithfiil performance and payment of all CONTRACTOR`s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date wimen final payment becomes due, mcepit as prodded otherwise lug- Laws or Regulations or by the Contract Documents.: CONTRACTOR shall also firmish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of. Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Cawpauies" as ' published in Circular 570 (amended) by the Audit Staff Bureau of Goverun ent Finanrial Operations, U S. Treasury Department_ All Bonds .sinned try as agent must be accompanied by a certified copy of such agent's authority to a& 5.2. If the surety on any Bond famished by CONTRACTOR is declared a baukm4A or becomes insolvent or its right to do business ii terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER- 5.3. Licensed Sureties and Insumn; Cord cater of bmirauce. 5.3-1- All Bonds and insurance required by the Contract Documents to be purchased and nwnmined by MWER. or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or ui lsu ance pol icies fix the limits and cot erages so required` Such surety and +nsurm+Me companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions- 53 2. CONTRAACTOR shall deliver to bwt4iNER with copies to each additional insured identified in the Supplementary Camditioas, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5A. GQW0 i1all de1 er to CONUPdlf'1 with Espies--t -- d id fi@d is t Si lenmigap- es f ia�aaae _.ffi«ea t,._ COMMA CTOR OF any ethm add al -insli G) ; a.: t7 GLVIDrcv FTCDC GENERAL. CONMMOM 1910-9 (1990 Mtxa® W,? CrrY OF FORT COU NS MODIFICATIONS (REST 4,70D0) CO-N7R4CTOR's Liabgitt' Irrsrrrarrce: 5.4- CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being peed and flumished and as will provide protection from claims set forth below which may arise out of orresntt from CONTRACTOR% perfiarnance and fitmishing of the Work and CON'TRACTOR's other obligations under the Contract Documents, whether it is to be performed or fiunished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly en loyed by any of them to perform or firmuh any of the Work or by anyone far whose acts any of them may be liable: 5.4.1. , claims under workers' compensation- disability. benefits add other similar employee benefit acts; 5-4-1. clam for damages because of bodily injury: occupational sickness or disease, or death of CONTRACTOR's employees; 5.43. claims 'fix damages because of bodily injury, sictrnxc or disease, or death of any Pelson other thou CONTRACTOR'S employees; 5-4.5.. claims for damages, other than to the. Work itself because of injury to or destruction of tangible property urhemer located imchuhng loss of use resulting therefronx and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of az: motor tvYhicle- The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shaiL- 5.4.7. with respect to insurance required by paragraphs 5_43 through. 5.4.6 inchtsi�u and 5.4:9; include as additional insureds (subject to any customary EKcIu ion in respect of professional liability), OWNER ENGR EEK ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions. all of uhom shall be listed as additional insure& and include cox age for the respective officers and employees of all such additional insureds 5.4.8. include the specific omwages 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 5A9. include completed operations insurance; EJCDC GEgEZerr COMMONS 1910-8 (1990 Ede®) a•I CITY OF FORT COLLINS MODIFICATIONS (REV, 4P_000j 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity oblig�aItions under paragraphs 6.12, 6-16 and 6-31 through 6-33; 5.4.11. contain a provision or endorsement that the co%wage afforded will not be cancelled, materially changed or renewal refirsed until at least thirty days' prior written notice has been gnmen 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 fiumshed by ' the CONTRACTOR pursuant to paragr7aph.532 hill so p—ide); 5.4.12. remain in effect at least. until final payment and at all times thereafter when CONTRACTOR may be c _no remrn.�ing or replacing defeciive. XV-k- in accordance with.paragraph 13.12; and 5.4.13. with respect to completed operations insurance. and any Insurance c(nwage written on a clauns-made basis, remain in efct for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any. such additional insured of continuation of such insurance at final payment and one year thereafter). OTi�E:R's LiabrTitti' Irrsrrrarrce: 5.5. In additign to incz,rancv required to be provided by CONTRACTOR under paragraph 5.4. OWNER at OWNER's option, may purchase and maintain ,at OWNER`s vpxsse OWNER's mu liability insurance as will protect OWNER against claims which may arise from operations under the Contract Docutnent& Property Lrsnrance: No Text Receipt mid-"Headon of Insurance Proceeds: 5.12. Any insured lass under the policies of insurance requirW by'paragraphs 5.6 and 5.7 will be adjusted with OWNER and wade payable to OWNER as fiduciary for the insureds, as there interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as _the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced; the moneys so resented 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 pour to adjust and settle. any loss with the i isurm unless one of the parties in interestshall object in writing within fifteen days after the occurrence of loss to OWNER1 exercise of this potter_ If such objection be made, OWNER as. fiduciary shall make settlement with'the insurers in accordance with such agreement as the patties is interest may reach If no mch agreement among the parties in interest is reached; OWNER as fiduciary shall adjust and settle the loss with the 'insurers _4cceptance ofBonds and Innoratrce; Option to Replace. 5-14. If i y (nvtWNER eFGQNTrR° OWNER has any objection to the coverage afforded by or other provisions of the Hands -es insurance required to be Purchased . and maintained by the CONTRACTOR in accordance with .article 5 on the basis of nom-confarmaace with the Contract Documents, the patty OWNER will notify CONTRACTOR in writing within tea fifteen days after reeeigt deliver of the certificates {cif e#F eesee to OWNER as _ requued by paragraph2.7. Partial Lrtt'lt abort—Poopeh- Lrsrurarrce: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial FJCDC «.A,L CONDMONS 1910-8 (1990 Edid m). W/ CITY OF PORT COLLINS btODIFIGATTONS (REV 4?2QD0) Completion of all the Wo& such use or occupancy may beaccomplished in accordance with paragraph 14.10, provided that no.such use or occupancy shall commence before the insurers provldung the property insurance have acl-now4edged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers Providing the Property insur+me 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. ARTICZE 6—COZSTR-1CT0R'S REST0NSIBI LrTT'I ES Srupenision and Surperinteudence: 6.1. CONTRACTOR shall supervise. inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such .skills and eipertise as may be necessary to perform the Work in accordance waif the Contract Documents_ CONTRACTOR shall be solely responsible for the means, methods. techniques, sequences and procedures of construction, but.CONTRACTOR "shall not be responsible for the negligence of others in the desi m or specification of a specific means, method, technique, sequence or procedure of construction winch is shown or indicated in and oTa—Ay required by the Contract Documents - CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident supermtendent'who shall notbe replaced without written notice to OWNER and ENGINEER except under extraordinary nrcumstanc-es_ The superintendent will be CONTRACTOR's representatom at the site and shall have authority to act on behalf of CONTRACTOR All communications to the m4 ezintemdent shall be as bimdiag . as if given to CONTRACTOR Labor, Materials and Equrrprrrent: 6.3- CONTRACTOR shall provide competent: suitably qualified personnel to survey, lay out and construct the Work as required by the' Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work sir property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular viwking hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any Iegal holiday without OWNER`s written consent given after prior written notice to ENGINEER CONTRACTOR shall submit rmuresis to the ENGINEER no less than 43 humus in advrance of air Work to be performed on Saturday. Sunday. ' Holidays or outside the Regular Working Hours_ 6.4. Unless otherwise specified in the General Requires, CONTRACTOR shall fuunish and asvrme full responsibility for all materials, equipment; labor: transportation, construction equipment and machinery, tools, appliances, fuel power, lied heat, telephone, water, sanitary. facilities, temporary facilities and . all other - facilities and incidentals necessaty for the fitrnisliiag, performaupe, testing,. start-up and completion of the Work 6.4.I: pmrhacing Restrictions: CONTRACTOR mu.st ca Mly with the Cites otyjcM +na restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Dniston or the Citv Clerk's office. 6.42. Cerned Restrictions: Citv of Fort Collins -Resolution 91-121 requires that suppliers and producers of dement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a EmL 65. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents- All warranties and guarantees ees specifically called for by the Specifications shal run to. the benefit of M tYEIC If required by ENGINEER. CONTRACTOR shall fiiriaish satisfactory c%idence (inchuding reports of required tests) as to the end and quality of materials and equipment. All materials and equipmentshall be applied," installed,. connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier; except as otherwise provided in the Contract Documents. Progress :Schedide:. 6.6. CONTRACTOR . sball adhereto the progress .schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below:. 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 29) proposed adjustments in the progress schedule that will not change the Contract Tiros (or Milestones)_ Such adjustments will conform generally to the progress.schednle then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Timms (or bfleaon s) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substihaes and "Oe-Equal"Item: 6.7.1. W tevkw 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; fitnction and quality requinA Unless . the spedficatron or -description EICDC G04ERPIL COhDMONS 1910-8 (1990 Edam") 12 VO = OF FORT COLLINS MODIFICATIONS (REV 4,10M) contains or is followed by words reading that no like, equnalent or "or -dual" 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 .ENGR=s- sole discretion an item of material or equipment proposed by CONTRACTOR is Smctionally equal to that named and suffiaenfly sinrilar so that no change in related Work will be requited, it may be considered by ENGINEER as an "or-eTaal" item in which case review and approval of the proposed item" may, in ENGIAtEER's sole discretion be accomplished without compliance with some or all of the requirements, for acceptance of proposed substitute items_ 6.7.1.2. Substitute`lterns: If in ENGINEER's-sole discretion an item of material or egmupnmem proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a.. proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of materW or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as suppiemented in the General Requirements and as ENGDq= may decide is appropriate under the circumstances - Requests for re%zew* of proposed substitute items of material or will not be accepted by ENGINEERR equipment anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or eginpaxmt. CONTRACTOR shall first matoe written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perf = adequately the functions and achi6e. the results called for by the, general design, be similar in substance to that specified. and be suited to the same use as that specified, The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achie4Tment of Substantial Completion on time, whether or. not acceptance of the substitute for use. in the Work will require a chat in any of the Contract Documents (or in the provisions of any other direct contract with ONMER. for wad.- on time Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license free or royalty. All,,-matiens of time proposed substitute from that specified will be identfied in the application and available maintenance, repair and replaceniem service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indiru eddy 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 ENGINEER in evaluating the �x�ed substitute. ENGINEER may quire CONTRACTOR to fiimish additional dot; abOui the proposed substitute. 6.7.13. CONTRACTORSs LTwue: All data to be prodded by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CON'TRACTOR's expense 6-7_2. Substftute Construction b1©thods or Procedures• If a�c means � method, tquie, sequence or pros of construction is shoum or indicated in and expressly required by the Contract Document CONTRACTOR may fiuirish or utilize a substitute . means; method, technique, sequence or ,procedure' of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGIPIEER`s sole discretion, to determine that. the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure far review by - ENGINEER will be simita to that provided is subparagraph 6.7.12_ 6.7.3, Engineer's Evaluation: ENGINEER will be allowed a reasonable time within nniuch to evaluate each proposal or submittal made pursuant to paragraphs 6.7.12 and 6.72. ENGINEER will be the sole judge of acceptability_ No "or -equal" or substitute will be ordered• installed or utilized without ENGINEER'S prior written acceptance which will be evidenced by either a Change Order or an_ approved Shop Drawings. OWNER may require CONTRACTOR to &imish of CONT ACTOR's ex}7eaJQ` a Special performance guarantee or oiler surety with respect to any 'or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGHs=Is Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6-7.1.2 and 6.7-2 and in making changes in the Contract Documents (or in the prc isions of any other direct contract_ with OWNER for work on the Project) occasioned thereby: Whether or not ENGINEER accepts.a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for Hie charges of ENGINEER and ENGINEER' Conmltants fir evaluating each such proposed substitute item 6.8. Concendng .SabcontractoM .Sxpp6ers aril Others: 6-8-1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or crow=ation (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to fiumish or perform any of the Work against whom CONTRACTOR has reasonable objection EICDC c DUMAAL CONDMONS 1910-8 (1990 Edmon) WI Cr Y of FORT COLMIS MODMCATIONS OtEV4,2000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcomtractineJ- The 20 percent ii�giuiremient shall be understood to refer to the Woric the i=alue of which totals not -less than 20 percent of the Contract Price: 6.82. If dke Suppleateatary Genditiew. Bimm Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to famish the principal items of maor to be submitted to OWNIIt terials ) date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER-m" OWNER's or ENGINEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Doct me _) e€ aFeeptahle substitute .i.e r ... u>r a :,,n >m adju"ed by the ifffts. a t6 eGgt oecasicmed by „s, R,f «:�,.:Gfi and an e ,,:n be i&-9jc,i IA'46#e.. Aiawma.i...Wd a will constitute a condition of the Coact recluirint=_ the use of the named subcontractors, suppliers or other persons or ormu=auon on the Work unless prior written apprm-al is obtained from MWER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier, or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject deferti►e Wow 69.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perfimming or fiunishing any of the Work under a direct or indirect contract with CONTRACTOR . just as CONTRACTOR is responsible for CONTRACTORS oun acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship betaeen OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organiatior< nor shall it create. any obligation on the part of OWNER or ENGINEER to pay or to see to the Payment of any moneys due any such Subcontractor, ' Supplier or other person or organization ewept as may otherwise be required by Laws and Regulations_ OWNER or ENGINEER miry fiimish to any subcontractor, .supplier or other person or organization nidenoe of amounts paid to CONTRACTOR in accordance. with CONTRACTOR'S "Applications for Payment'.'. 13 6-92. CONTRACTOR shall be solely responsible for scheduling and coordinating the. Work of Subcontractors, Suppliers and other persons. and organizations performing or fiunishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcoutractors,: Suppliers and such other persons and crF,.amzatioflB performing or fiimishing any of the Work- to communicate with the ENGINEER. through CONTRACTOR 6-10-. The divisions and sections of the Specifications and the identifications of �y Draaw s shall not control CONTRACTOR in _ dividing the Wotk amon Subcontractors or Suppliers or delineating the Work to be perk mined by any specific trade- 6-11- All Work performed for CONTRACTOR by a Subcontractor or Supplier will . be pursuant to an appropriate, agreement between CONTRACTOR and the Subcontractor or Supplier %l ich specifically binds the Subcontractor or Supplierto the applicable terms and conditions of the. Contract Documents for the benefit of OWNER and ENGINEER 29 an Pamemphs 5-6 . es WtWOM tha contain pw;449as wwFeby a.a c,.t,..,.Gtm_ n car c ppli liee le to �e nf1E I€ the .^^,leis oe a�sec��li�es--ret}uir� c. '' t:� rnrrrw a C--q i obbii • ,� x k R2940 Patent Fees and Royalties: 6.12- CONTRACTOR shall. pay all licensee fees and royalties and assume all casts incident to the use in the performance of the Work of the incorporation in the Work of any mventicn, design. process, product'or device which 'is the subject of patent rights or copyrights held by others. If a particular imentioa 3evig . process, product or device is specified in the Contract Doctt�s for use in the performance of the Work and if to the actual knowfedge of OWNER or ENGINEER its use is .subject to patent nghts or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extentpermitted by Laws and Regulations, CONTRACTOR .shall indeumify and hold harmless OWNER ENGINEER. ENGINEEIts C msuhants and the officers, directors, employees. agents and other consultants of each and any of them from and against all claims, costs losses and damages arising out of or, resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of .any im-ention, design process: product or device not specified in the Contract Documents 14 EJCDC GENERAL CONDITIONS 1910-9 (1990 E&UW cd = OF FORT COLLINS-%MDMCATTONS (REV 4,'2000) RMnifs: 6:13. Unless otherwise pprrrnrnaded in thie Supplenr2ntary Conditions, CONTRACTOR shall obtain and pay: %r all construction permits and licenses. OWNER shall assist CONTRACTOR widen necessary, in obtaining such pemmits and licenses- CONTRACTOR shall pay all govtal charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shalt pay all charges of utility owners for connections to the Weak, and OWNER shall pay all cl>a�es of such utility owners for capital' costs related therero such as plant imresiment fees. 6.14. La+►s tutd Reg►rIa io►►s: 6-14.1. CONTRACTOR shall give ail notices and comply with all Laws and Regulations applicable to fiimistiiug and performance of the Work. Euept where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible fur monitoring CONTRACTOR% compliance with any Laws or Regulations. 6.14-2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Lain or Regulations, CONTRACTOR shall bear all claims, costs, tosses and damages caused by, arises out of or resulting therefrom; however, it shall not be CONFRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Lawsland Regulations, but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3.32. Fore.s: 6.1.5. 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 perfoaniance 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 inchrded in the Contract Price- Address_ Colorado Department of Revenue State Capital Annex 1375 Sherman Street .Dem,ef. Colorado. S0261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RID) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Emotion All awlicable Sales and Use Taxes (incl uiin-a State collected tries), on any items other than construction and building materials ftm5 all�mcvtporated into the project are to be paid by CONTRACTOR and are to bbee included in appropriate bid items - ("Ye of Prerfd.w- 6-16. CONTRACTOR shall confine construction equipment: the storage of materials and equugxnmt and the operations of workers to the site and land and areas identified in and pemutted by the Contract Documents and other land and areas permitted by Laws and Regulations rights -of -way, permits and easements, and shall not unreasonably encumber tie premises with construction equipment or other materials or equipment. CONTRACTOR .shall assume frill 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 WodL Should any claim be made by any such owner or occupant because of the ger&xmance of the Wodc CONTRACTOR :shall promptly settle with such other party by negotiation or otherwise resoh a the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shalL to the Mest extent permitted by Laws and Regulations, indemnify and hold harmless .OWNER ENGINEER ENGINEER'S Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or. resulting firm, any claim or action_ legal or equitable. brought by any such owner or occupant against OWNER, ENdI EER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's perEmm:iance of the Worts 6.17. During the progress of the Work CONTRACTOR shall keep the premises -free from accumulations of waste material&. rubbish and other debris resulting from the Work At the completion of the Wo& CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall lea-.e the site clean and ready fix occupancy by OWNER at Substantial Completion of the tVork CONTRACTOR shall restore to original condition all. property not designated tDr alteration by the Contract Documents. 6.1 S. CONTRACTOR shall not load nor permit any part of any .structure to be loaded in any manner that will endanger "the stmctme, mar shalt CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will -endanger it. Record Documents. E1CDC C £DIERAL CONDITIONS 1910-8 (1990 Editiam) W1 CrTY OF FORT COLLM NIODIFICATIONS gtEV VIODO) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Draw1n�, Specification Addenda, Written Amendments, Change Orders, Work Change . Directiaes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.a) in good order and annotated to show all changes made during construction These record docurimits together with all approved Samples and a counterpart of all apprommd Shop Drawings will be available to ENGINEER for reference. Upon completion of the Wozk, and prior to release of final pa}'meut these record documents, Samples and Shop Drawings will be delivered to ENGINEER fas O'VVNER .Safety acid Pro ter on: 6.20. CONTRACTOR shall be responsible far initiating maintaining and supervising all safety precautions and programs in connection with the Work_ CONTRACTOR shall takee all necessary precautions far the, safety of and shall prrnide the necessary protection to pr-mnit damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Wode; 6:20.2_ • all the Work and materials and equipment to be incorporated therein whether in storage on or off the site; and 620.3. other property at tie site of adjacent thereto, including trees shrubs, lawns, walks, paw—ts, roadways, structures., utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction - CONTRACTOR shall comply uith all applicable Laws and Regulations of any public body having jurisdiction for safiety of persons or property or to protect them from damage, injury or loss; and shall erect and. maintain all necessarysafeguards for such safety and protection CONTRACTOR shall notify ouvers of adjacent property and of Underground Facilities and utility owvers when prosec-urtion of the Work may affect theme and shall cooperate nzth therm in the protection; r emotaL relocation and replacement of their property. All damage, injury or lass to any property referred to in paragraphs 6202 or 6.20.3 caused, directly or indirectly. in wfiole or'in part,.by. CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work of wryme for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawin?s or Specifications or to the acts or omissions of ORIfER or ENGENEFR or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable,, and.not attributable, directly or indirectly, in whole of in part; to the fault or negligence of CONTRACTOR of any Subcontractor. Supplier or other person or organization directly of indirectly employed by any of item). CONTRACTOR's.duties and respo=bihhes for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion):. 6.21. Safeo- Rep wserrtanre: CONTRACTOR shall designate a qualified and experienced safety representathv at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of -safety precautions and Programs - Hazard Com»nu ication Programs. 622. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication infommation required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 623_ In emergencies affecting.the safety or. protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization fine OWNER or E1VG tTVEE L is obligated to act to prevent threatened damage, injuur}' cr loss. CONTRACTOR shall ghm ENGINEER prompt written notice if CONTRACTOR belieiis that any significant changes in the Work or variations from the Contract Documents hate been caused thereby. If ENGINEER determines that a chime in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action- 6.24. .Sltop Drai*itmgs mid Sonrples. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals. (see pazagraph 2.9). All submittals will be identified as ENGUM may require and, in the number of copies specified in the General Requirements, The data shown on the Shop Drawings will be complete with respect to quantities; dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the infi mmation for the limited purposes required by paragraph 626. 6.242. CONTRACTOR shall also submit Samples to ENGINEER for review and apprm-al in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearlyas to. material, Supplier, pertinent data such as catalog numbers and the .use for. which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 ErCDC GENEF-AL. COtMMONS 1910-8 (1990 EftO3) w/CITY OF FORT COLIINS MODIFICAFIONS (REV 4,1000) purposes required by paragraph 6.26: The numbers of each Sample to be .submitted will be as specified in the Specifications. 615. SnbndtfaIPr"eth#re.s. 6.25:1. Before submitting each Shop Orating or Sample, CONTRACTOR shall ham- determined and tienfied: 6.25.1.1. all field measurements, quantitim.. dimensions, specified performance criteria, installation requirements, mmteria]s . catalog numbers and similar 'information pith respect thereto. 625..2. all materials with respect to intended rue, fabrication, shippinm handling storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR'.s sole responsibilities in respect of mean methods, techniques, sequences and procedures of construction and safety precautions and programs incident. thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with 'the requirements of the Work and the Contract Documents, 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTORhas satisfied CONTR.ACTOR's obligations under the Contract Documents with respect to CONTRACTOR's miew and approval of that submittaL 6.253. At the time of each submission, CONTRACTOR shall 2-ne ENGINEER .specific written notice of such-.ariations, if any, that the Shop Drawing. or Sample mbruitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate. from the submittal; and in additions :,hall cause: a specific notation to be made on each. Shoop Drawmg and Sample submitted to ENGINEER for review and approval. of each,such variation_ 6.26. ENGINEER will rmiew and apprrnre Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph29. ENGINEER's review and approval will be only to determine if the items covered by fhe submittals will, after installation or incorporation in 'the Work; conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as _ a firnchonug whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means methods, techmgues, sequences or procedures of construction (except where a particular nmean`• method, technique, sequence or procedure of • Mobilization and Demobilization Confined Space Entry: The workplace contains permit spaces and entry is allowed only through compliance with a permit -required confined space program meeting the requirements of 29 CFR 1910.146. Any Contractor retained by the City of Fort Collins to perform permit space entry operations shall: Inform the City of Fort Collins of the permit space program that the contractor will follow and of any hazards confronted or created in permit spaces, whether through a debriefing or during the entry operations. Traffic Control: The contractor shall follow all City of Fort Collins codes and regulations, which include the "Manual of Traffic Control Devices" and the "Colorado Supplement' to this manual. The Contractor will submit a written Traffic Control Plan in accordance with previously mentioned codes and manuals. When the contracted project requires more than one traffic control plan, more than one will be provided. All traffic control plans will be submitted to the Traffic Operations Superintendent. The Contractor shall appoint a Traffic Control Supervisor to this project. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Safety Services Association (ATSSA). Traffic control is to be paid for as part of the unit price for various other work and shall not be paid for separately. Permits: Projects within the State Highways require a permit from the Colorado Department of Transportation. Contractors can not obtain permits directly from the state. The contractor shall make application to the City of Fort Collins by filling out the appropriate forms. Before and after normal working hours 8 am to 5 pm the City of Fort Collins requires a noise ordinance variance permit which can be obtained from the Code Compliance Supervisor at 970—221-6675. If contractor vehicles or equipment are parked in designated parking areas parking permits will need to be obtained from parking enforcement at 970- 221-6617. • Materials: The tube requirement shall meet the requirements of ASTM F1216 Pumping and Bypassing: When pumping and bypassing is required, the Contractor shall supply the pumps, conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing peak flow plus additional flow that may occur during a storm. The bypassing system shall be water tight and not leak. The contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. At no time will the bypass operation be unattended. Pumps shall be equipped in a manner to keep hose noise to a minimum. Standby equipment will be available to allow continuous operation of bypass pumping despite equipment, pump, or generator failure. All bypassed sewage flow shall be returned to the sanitary sewer system. The bypass piping shall not interfere with traffic unless absolutely necessary. The use of steel plates or other ramp materials is anticipated. With this type of sewer line rehabilitation, interruptions of the normal flow of sewage from construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto: The mniewand approval of a to item as such will not indicate apprm-al of the assembly which the item fimctions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for renew and appravaL CONTRACTOR shall direct specific attention in writing to revisions other than the. corrections called for by ENGINEER on previous submittalms 627. ENGINEER's renew and approval of Shop Drawings or Samples shall not relieve. CONTRACTOR from responsibility for any variation from the requuen>ents of the Contract Documents. unless CONTRACTOR has in writing called ENGINEER's attention to each such i- nation at the time of submission as required by paragraph 6253 and ENGPiEER 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 relied CONTRACTOR from responsibility for complying with the requirements of paragraph 6-25.1. 628. Where a Shop Drawing or Sample is required by the Contract Documentsor the schedule of Shop Drawing and Sample st3 *+ssious. accepted by ENGINEER. as required by paragraph 29, any related Work performed prior to ENGINIER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Cmi n►dng the Work.• 629. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all . disputes or disagreements with OWNER- No Work .shall be delayed or postponed pending resolution of any disputes or disagreements, except. as permitted by paragraph 15-5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. COXMCMR's General 117krrannn and Guarantee: 630.1. CONTRACTOR warrants and guarantees to OWNER- ENGINEER and ENGWEER's Consultants that 'all Wow will be in accordance with the Contract Documents and will not be defectne CONTRACTOR's wwmnty and guarantee hereunder excludes defects or damage caused by. 6-301.1. abuse, modification or _improper maintenance or operation by persons other .than CONTRACTOR- Subcontractors or Suppliers; or 6-30.12. normal wear and tear under normal, usaee.. 6.302- CONIRACTOR's obligation to perf= and complete the Work in accordance with the Contract Docunents shall be abs3olute. None of the following Will constitute an acceptance of Work that is not in FJCDC GRSMRA CONDMONS 1910-8 (1990 Fdia* w+ CITY OF FORT COLUNS MODIFICATIONS (REV, +2000) accordance with the Contract Documents or a release of CONTRACTOR"s obligation to perform the. Mork in accordance with the Contract Documents: 6.302- T. observations by ENGINEER; 6.302.2. recommendation of any progress or final payment by ENG1 LEER 6.3023. the issuance of a certificate of Substantial Completion or any pay-e-t by OWNER to CONTRACTOR under the Contract Documents;. 6.302.4., use or occupancy of the Work or any part thereof by OWNER; 6.30 —5. any acceptance by OWNER or any f dlu a io do so; 6.302.6. any review and approval of a Shop Draining or Sample submittal. or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.302-7. any rmpection, test or approval by others; or 6.302-8. any correction of defecti►s Wok by OWNER- Ladentttification: 6.31. To the fiillest extent permitted by Laws and Regulations_ CONTRACTOR shall indenmify and hold harmless OWNER ENGINEER- ENGINEER's Consultants and the officers directors. employees, agents and other consultants of each and any of them from and against all chums, costs lasses and damages (including: but not limited to, all fees and charges .of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out ofor resulting fiom the perforaance of the WO& prodded that any such claim, cost, loss or damage: (I)is attributable to bodit4ury, sicLness, disease or death. or to injury to or smicuon of tangible property (other than the Wcrk' itself), including the loss of use resulting therefrom, and (u) is caused in w'bole or in part by any negligent act or omission of CONTRACTOR any Subcontractor_ any Supplier, any person or or directly or indirectly employed by any of their to perfirm or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such rndemm&ed party by Laws and Regulations regardless of thenegligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors ar employees by any employee (or the sun-nwr or personal representative of such employee) of CONTRACTOR any Subcontractor. anj Supplier, any person or organization directly or indirectly employed by 17 any of them to pew or fiunish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 631 shalt not be limited in any way by airy limttatwn on the amount or type of damages coition or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation Acts.. disability benefit acts or other employee benefit acts. 633. The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or om:ssioris of any of them .Strnnal of Obligations. 634_ All r*esentation s, iridemnifieations. warranties and guarantees made in, required by or given in accordance with the Contract Documents, as wll eas all continuing obligations indicated in the Contract Documents, will sunive final payment, completion and acceptance of the Work and termination or completion of the. Agareemew ARTICZE 7—OTHER WORK Related {TWk at Site: 7-1. OWNER may perform other work related to the Project at the site t5 OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners If the fict that such other work is to be performed was not noted m the Contract Documents, then- (i) written notice thereof will -be ghen to CONTRACTOR prior to starting am such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles. I 1 and.12 if CONTRACTOR believes that such per-Bomiance will involve additional esxpease to CONTRACTOR or -requires additional time and the parties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER if OWNER is performing the additional work with OW NER':s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs- Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not.endanPer 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, Theduties and responsibilities of CONTRACTOR under this parapTaph are fir the benefit of such utility owners and other contractors to the extent that there are comparable 18 EIECDCGqu_4,L c N!bmons I9io4 (i99oE�. car CITY OF FORT COLLINS MODIFICATIONS (REV V2000) provision; for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon wcA performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly= report to ENGINEER in writing any delayer defects or deficiencies in such other work that render it unavailable or unsuitable fur the proper execution and results of CONTRACTOR's Work- CONTRACTOR's failure . so to report mill constitute an acceptance of such other work as fit and proper for integration with GONTRACTOR's Work except for latent or non apparent, defects and deficiencies m .such other work_ Coorditradort: 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 contractors will be identified; 7.4.2. the specific matters to be cm-eied by such authority and responsibility will be itemized; and 7.43- the extent of' 'such authority and responsibilities will be provided Unless otherwise. provided in the Su%Ieameniary Conditions, OR'I�iEIt shall haiv sole autltaaity and responsibility in respect of such coordination. ARTICLE 8—OR'tiNEWS RESPONSIBILHIES 8.1- Except as otherwise provided in these General Conditions` OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case ' of termination of the: employment of ENGINEER- OWNER shall appoint an engineer a x whom. CON CTtl13, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER hall . f i mi-h the data required of OWNER under the Ccm&act Documents promptly and shall make payments to CONTRACTOR prnatptIy when they are due as provided in paragraphs 14.4 and I4.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering suneys to establish reference points' are set forth in paragraphs 4-1 and 4.4- Paraeraph42 refers to OWNER's identifying and making: available to CONTRACTOR copies of reports of explorations and tests of substuface conditions at' the site and drawings of physical conditions in existing structures at. or -contiguous to the site that have been utilized by ENPI iEER in preparing the Contract Do pie s. 8.6. ORINER is obligated to execute Change Orders as indicated in paragraph 1 GA. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8_8: In connection with OWNER's right to stop Work or suspend Work see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to tetninate services of CONTRACTOR under certain ciraumsbnces. 8.9. Tle 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 tpwr incident thereto, or for any Lahore of COoCTOR to comply with Laws and Regulations applicable to the fiumishing orperformance of the Work - OWNER mill not be responsible for CONTRACTOWs &iiirre to perform or furnish the Work in accordance with the Contract Documents. ARTK7.E 9-E GLN=S S ATGS DL'RrNG. CONSTRUCTION .OfR'ER :s Represerrtatfiv. 9.1. ENGINEER will be OWNER's.:represeutative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWN'ER's representatiye during construction are set forth in the Contract Documents and shall not be extended without mitten consent of OWNER andENGINEER. Hsits to .Site. 9 2_ ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an e+t —enced and qualified design professional the progress ESCDC GENYERAL C01+IDMONS 191" (1990 Edtd®) w! criy OF FORT COLuNs moDmr_ATioNs (REV 4n000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavror for the benefit of OWNER to determine, in general- if the Work is proceeding in accordance with the Contract Donmrents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the.* quality or quantity of the Work ENGINEER'., efforts will be directed toward pros dmg far OWNER a-grrater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will k� OWNER informed of the progress of the Work and w endeavor to guard OWNER against. dfacfive W.& ENGINEER'., visits and on -site observations are subject ,to all the limitations on ENGINEER'.s authority andresponsibility set frith in paragraph 9.13, and particularly: but without limitation, dmng or as a result of ENGINEER's on-.tite visits or observations .of CONIRACTOR's Work ENGINEER will not supervise, direct, control or have authmty over or be responsible for CONTRACTOR's mean& methods, techniques, sequences or procedures of construction, or the safety, pprrecautions and programs incidentthereto, or for any faihre of CONTRACTOR to comply with Laws and 'Replations applicable to the fiunishing or performance of the Work Project Representative: 9.3. If OWNER and ENGDP= agree, ENGINEER vd1l.fiumsh a Resident Project Representative to assist ENGINEER in prodding mar continuous obsersation of the Work The responsibilities and authority and limitations. thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13SUW leas of these General Conditions_. If OWNER designates another representative or agent to represent OGEr1-IER at the site who is not ENGI I=s Consulta�_ agent or employee, the responsibilities and authority and limitations thereon of such other .person will be as provided in. paragLaaph 93 of these General Conditions If the ENGINEER fiunishes a Resident Project Representative tRPR1 or other ass+5tant� or. if the O r designates a Representative or aged, all as provided in paragraph 93 of the General Condition& these Representatives shall have the authority and hntitations as prmided m paragraph 9.13 of the General Conditions and shall be subject to the follown ig= 93.1. The Representative's dealings in matters truq n gg to the on�site work will in general- be with the ENGINEER and 'CONTRACTOR_ But the Representative will keep the OWNER�rooerly ad4zsed about. such matters The Representative s dealings with subcontractors urill only be throw or with the full knowledge and approval of the CONTRACTOR 93_2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the proems 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.322. ConSeren s and Meeting - Attend meeting with the CONTRACTOR such as yrecons ctiou conferences, progress m t' and other job conferees and prepare agtd circulate c4es of mimltes of ineetin_as. 9.32.3. Liaison 9:3.23.1. Sena as ENGINEERS with CONTRACTOR tv Ame tir through CONTRACTOR'S snpe intendent to assist the CONTRACTOR in tmderstitnding the Ccza actDocuments: 9.32.3.2. Assistin obtaining from OWNER additional details or inforroatiaa tauten, regaimd. for props execution of the Work 932.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requu g a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 9.32.4.Retiew of Work Rejection of Deli rtive Work Inspections and Tests - 9.3.2A 1. Conduct on -rite observations of the Work in pme ess to assist the ENGINEER in detern»nina that the Work is proceeding in accordance with the Contract Documents. 93.2.4.? Report to the ENG t= whenever the Representative believes that the' Work is unsatisfactory. faulty or defective or does not conform to the Contract Documents or has been damaged, or does not meet the requirements of any inspections, tests or appeals required to be made, and advise. the ENGINEER mien he believers 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 visiting inspectors representing public or other agencies having iorisdiction over the Project record the results of these inspections and report to the 9.3.15. Interpretation of Contract Documents Report to ENGINEER when clarifiratiom and imetwetations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the 40CIRU12;41 9.3.2.6. Modifications_ Consider and evaluate CONTRACTOR'S suggestions for �O EICDC GM4ERAL CONMMONS 1910-8 (1990 F. hM) cci CITY OF FORT COLLINSMODIFICATIONS (REV 3/_'QDO) modification in Drauings or Specifications and report these recommendations to ENGINEER . Accurately transmit to CONTRACTOR decisions mnzed by the ENGRq ER 9.32.7. Records. 9.32.:7.1. Maintain at the Represe th,—els office orderly files concerning correspondence. reports of job conferences Shop Draw== and a Wtes reproductions or original Contract Documents in� all Work Directive Changes Addenda. Change orders, Field Orders additional drain issued subsequent to the execution of the greeutent. ENGINEER'S clarifications and interpretations of "the Contract Documents. progress reports and other oroiect documents 9.32.7.3. Record names addresses and telephonee numbers of all CONTRACTORS. suboontractot§ and major suppliers of eggtigggg and materials. 93:2.8. Reports. 9.32.8.1_ Furnish ENGINEER periodic reports. as required, of the progress of the Work and of the CONTRACTORS comri ance with the progress schedule and schedule of shoo Drawing and sample submittals 9.3.2.82_ Consult with ENGINEER in advance of scheduling major tests inspections or start of important phases of the Work 93.2.83. Draft. proposed Change Orders and Work Directive Changes, ohL�irrinn backup material from the CONTRACTOR and reconmtend to ENGINEER Change Orders. Work. Directive Changes and field orders 932.8.4_ Report .immediately to ENGINEER and OWNER the ocnurence of any accident. 9.32.9.. ft!mrnt Requests. Review applications for pavmentwith CONTRACTOR fnr'cliance with the established procedure for their submission and forward with recommendation to ENGINEER. noting particularly the relationship of the pgynment requested to the schedule of values. Mork completed and materials and equipment delnwed at .the site but not mcoroorated rn the Work 93.2.10- Completion- 93 2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of obsmed items Effg9nngcorrection or completion 9.32102. Conduct final inspection in the company of the ENGINEER OAVER and CONTRACTOR and prepare a final list of items to be corrected or complete(i 932-10.1 Obsen-v that all items on the final list hang been corrected or completed and make recommendations to ENGINEER concerning acceptance_ 9.3.3. Ismitation of Authority- The RgxesentatioY .shall not- 933.1- Authorize any deviations from the Contract Documents or accept am, substitute materials or equipnment unless authorized by the ENGINEER 9-33.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9333. Undertake of the bihties of the. CONTRACTOR- Subcontractors: or CONTRACTOR'S .supetintendent- 9.3.3.4- Advise on or issue: directions relati%e to, or assume control over any aspect of the .means medIO& teehniews. sequence; or procedures for construction unless such is specifically called Sox in the Contract Documents. 9.3.3.5- Advise on or issue directions regarding or assume control oter . safety precautiams and poneheeF Work 93.3.6_ Accept Shop Drawmgs or sample submittals from M-o a other than the CONTRACTOR 9.33.7_ Authorize OWNER to occupy the Work in whole`cr in part- 93.3.8- Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the 1agellon—wi 0miftcadons raid Interpretations: 9.4: ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FJMC GOiER 4L CONDITIONS 1910-8 (1990 Ediban) cc! CITY OF FORT COLLINS MODMCAMNS (REV 4,2000) reiluirements of the. Contract Documents (in the form of Drawings or otherwise) as ENGINEER may'determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and ' CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustmentin the Contract Price or the Contract Times and the parties are unable to agree to. the amount or extent thereof; if any, OWNER or CONTRACTOR may stake a written claim therefar as provided in Article 1.1 or Article 1.2. .9nthori ;ed FMa ions ur Mork: .9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not inv ohe an adjustment in the Contract Price or the Contract Times and are compatible. with the design. concept of the completed Project as a functioniag whole as indicated by the Contract Documents- These may be accomplished by a Field Order and will be bindum on OWNER and also on CONTRACTOR who shall perfinnr the Work invoked promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the . amount t or extent thereof OWNER or CONTRACTOR may mare a written claim therefor as prodded in Article 11 or 12. RdedirrgDefective Rork: 9.6- ENGINEER will have authority to oor reject Work which ENGINEER believes to ve defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will .prejudice the integrity of the design concept of the completed Project as a fiiucticnsng whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 139, whether or not the Wode is fabricated,'installed or completed. Shop Drmiings, 0imige Orders and Pgnienrs: 9-7_ In connection vtith ENGINEEIL's authority as to Shop Drawings and Sarnples� see paragraphs 624 through 628 inclusive- 9-8- In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Pa�ment, see Article 14. DeterniirtnAons for Unit Prices. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or othersiise).. ENGINEER's written decision thereon will be final and .bmding upon OWNER and CONTRACTOR unless, m thin ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and, (i) an appeal from ENGINEER's decision is taken within the time limits. and in. accordance with the procedures set forth in Edubit GC -A, "Dispute Resolution Agreement". entered into between OWNER and CONTRACTOR pursuant to Article 1.6, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the party in a famm of competent ' diction to ecerase .. tights or remedies as the appealing party may have. with respect to ENGI NEER's decision. unless otherwise agreed in writing . by ORTIER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9: 11 - Decisions on Dfsprites. 9.11. ENGINEER will be the initial interpreter of the mTairemhents of the Contract Documents and judge of the acceptability of tlie 1Vodc thereunder_ Claims, disputes and other matters relating to the acceptability of the Vork 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 12 in respect of changes in the. Contract Puce or Contract Times will be referred initially to ENGINEER in writing with a request for a, formal decision in accordance with this paragraph Written notice of each ,such claim, dispute or other matter will be delivered by the claimant, to. ENGINEER and the other paity-to the Agreement promptly (but in no n-ent later than thirty days) after file start of the occurrence or e%2nt giving rise thereto, and auttea s:ugpocting data will be su nhitted 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 mote accurate data in support of such claim..dispute-or other matter- The opposing parity shall submit any rye to ENGINEER and the clai thirty mant within irty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing partyrs submittaL if any.. in accordance with this paragraph. ENGR=s written decision an such claim, dispute or other matter will be final and buuhig upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINE ER's decision is taken within the time limits and in accordance with the .procedures set forth in ECiIBTT GC -A. 'Dispute RewhtionAgreement", entered into bemreea OWNER and CONTRACTOR puasaant to Atttcle 16. or (it) if no such Dispute Resol" Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S written decision is deliwered lry OWNER or .CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim dispute or other natter in accordarnm uith applicable Laves :and Regulations within sixty days of the date of such EICDC GENERAL CONDMONS 1910.8 (1990 Editrm) 22 wl CITY OF FORT COLLINS SIODIFICATIONS (REV V2000) decision, unless otherwise agreed in muting by OWNER and CONTRACTOR 9.11 When functioning as interpreter and judge under. paragraphs 9.10 and 9.11; ENGINEER will not shmv partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10. or 9:11 with respect to any such claim, dispute or, other matter (emept any wbich have been uran ed by the making or acceptance of final payment as pt-mided .in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or Regulations in respect of any such claim, dispute or other _ 9.13. Limitations on EArGEV= s Authoiity and Responsibilities: 9.13.1. Neither ENGINEfiR's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor .any decision made by ENGINEER in good faith either to ouictse or act exercise such authority or responsibility or the uadertalaag, ex�c� use or performance of any authority or responsibility by ENGINEER shall create, impose or gme rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, airy Supplier, any other person or organization, or to any surety for or employee or agent of any of tbesm. 9.132 ENGINEER will not supervise, detect, control or have authority ovw or be responsible for CONTRACTOR's means, methods, techaigam sequences or procedures of construction, or the safety precautions and programs incident thereto, or far any, hiiure of CONTRACTOR to con4gy with Laws and Regulations applicable to the firuishimg or perfnrntance of the Work ENGINEER will not be responsible for CONTRACTOR's hil re to perform or f umish the Work in accordance with the Contract Document-_ 9.133_ Fi iGINEER 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 fiumshing any of the WO& 9.13.4. ENGRgEER's renew, of the final Application for Payment and accompanying documentation and all maintenance and operating' instructions, scheduler, guarantees, Bands and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to: determine genefally that their content comrplies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Docume w& 9135. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGWEER's Consultants; Resident Project Representative and amistantc_ :1RTICI:E 10—CHANGES LN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, O VNI ER may, at any time or from time to time, order additions, deletionsorrevisions in the Work_ Such additions, deletions or revisions will be authorized by a Written Amendroent, a Change Order, or a Work Change. Directive. Upon receipt of air) such document, CONTRACTOR shall promptly proceed with the Work mvoh-ed Roach will be performed under the applicable conditions of the. Contract Documents (except as otherwisee specifically pr-zided). 102. If OWNM and CONTRACTOR are unable to agree as to the extent, if. any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive. a.claim may be made therefor as provided in Axticle I I or Article 12 103. CONTRACTOR. shall not bee entitled to an uxrease 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 paragruphb23 or is the case of uncovering Work as provided in paragraph 139. 10,4_ OWNER and CONTRACTOR- shall owcute appropriate C hange Orders recommended by ENGINEER (or Written Am ) covering; 10.4.1_ changes in the Work which are (i) ordered by OWNER pursoaw to paragaph 10.1. (ii) required because of acceptance of defecdw Work under paragraph 13.13' or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10A.2: changes in the Contract Price or Contract Times which are agreed to by the parties; and. 10.43_ changes in the Contract Price or Contract Times %lurch embody the substance of any written decision rendered by E tGMEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from am,* such decision in accordance -wrth the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal- CONTRACTOR shall remJ on the Work and adhere to the progress schedule as provided in paragraph 629: 10.5. If notice of any change affecting the general scope. of the Work or the provisions of the Contract Documents FJCDC C0IEPAL CONDITIONS 1910.8 (1990 FAiaam) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4e?000) (including, but not limited to, Contract Price or Contract M�35responstblty, by the provisions of any Band to be the fang of any such notice will be ty, and the amotwt of each applicable Bond 1.Y1ll be adjusted accordingly ARTICLE 11—C LANGE OF CO\TRAC'TPRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work_ All duties,. responsibilities and obligations assi_2ted 'ta or undertaken by CONTRACTOR shall be at CONTRACTOR's oTense without change in the Contract Price- 112. The Contract Price may only be changed by a. Change Order or by a Written Amendauent. Ay claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or ex-ew (unless ENGINEER allows additional time for chim mt to subunit additional or more accurate data in support of the claim) and shall, hall be accompanied by claim ids written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment. in the Contract Price shall be determined by ENGINEER in accordance with .paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this. paragraph 11.2. 11.3_ The value of any Work covered by a Change Order or of any claim for an adjustment is the. Contract Price will be determined as follows: 113.1_ where the Work involved is covered by unit, prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (:subject to the provisions of B paragraphs 119.1 through 11.9.3, inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, try a mutually agreed payment basis, iochtdmg lamp sum (which may include an allowance . for overhead and profit not necessarily in accordance with paragraph 11.62),- , 1133. where e Work ilced is not covered by unit prices the mro ces contained in the Contract Documents and agreement to a hump sum is not reached under vara.g.raph 1132, on the basis of the Cost of the Work lamed as prodded in paragraphs 11.4 and 11.5) phis a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11-6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Wodc Except as otherwise may be agreed to in writing by OWNER, suchcosts shall be in, amounts no higher than. those prevailingin the locality of the Project, shall include only the items and shall not include any of the costs itemized in paragraph 11-5_ 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 shall include without timitation superintendents, fxiremea and other personnel employed fitIl-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Wad. Payroll costs shall uwlu&- btu be limited to; salaries and wages phis the cost of fimp benefits which shall include social security contribution, unemployment excise and payroll taxes, workers! compensation. health and i4fiwm . applicable thereto. The expenses of performing Work after regular working hours_ on Saturday. Sunday of legal holidays, shall -be inch)ded in the ab�,ve to the orient authmird by OWNER 11.42- Cast of all materials and _equipux mt furnished and incorporated in the Work_ including costs of transportation and storage thereof and Suppliers' field vices required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits fiords 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 sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provision so that they may be obtained. 11.43. Payments made by CONTRACTOR to the Subcontractors for Work performed or fitmnished by Subcontractors If required by OWNER EJCDC GE, IER.AI. OMMMONS 1910-8 (1990 Edina 24 x! CITY OF FORT COUINS MODIFICATIONS (REV .4Y-2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted .If any subcontract provides that the Subcomactor is to be paid an the basis of Cost of the Work phis a fee, the Subcontractor's Cost of the Work and fee shall be determined is the same manner.as CONIR 4CTOWs Cost of the Work and fee as prozided in paragraphs 1IA. 1I.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents inso i r as applicable-. 11.4-4. Costs of special consultants (*lading but, not limited to engineer`, architects, testing laboratories suvevoms_ attorneys . and accountants) employed for senices specifically related to the Work- 11.4-5. Supplemental costs including the following 11.4.5.1. The uroaortion of necessary Caq�tenon, travel and subsistence expenses of ONT 1CTORs employees incurred in discharge of duties connected with the Work 11-4.5.2. Cost, including transportation and maintenance of. all materials, _ supplies, equipment, machinery, appliances, office and temporary facilities.at the site and band tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals 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 advice of ENGINEER and the cods of transportation, loading unloading installation, &-wnantlinff and removal thereof -all in accordance with terms of said rental aar�rnP t` The rental of any such machinery or parts shall cease , whea the use thereofis no longer necessary IT 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 lost for causes other than negligence of CONTRACTOR any Sulcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may liable, and royalty paymments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work; not, compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and fivaishing of the Work (except losses and damages within the deductible amounts of property insane established by OWNER in accordance with paragraph 5.9), prodded 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 .Aiww acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and.espenses shall be mchtded in the Cost of the Work for thehoof C•ONTRACTOR's feeptlll, howeter, 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. 11.45-7. The cost of utilities, fiwl and sanitary fitolities at the site. 11.45.8. Minor expenses such as telegrams, long distance telephone calls, telephone senice at the site, expressage and similar petty cash items m connection,aim the Worms 11-45.9. Cost ofpremiunr for additional Bonds and insurance required because of chances in the RFodc 1.1.5: The tent Cost of the Work shall not include any of the following: 11.5.1. Payroll costs, and other compensation of CONTRACTOR's officers, executives, pnncipals (of partnership and sole proprietorships), general managers, engines, architects, estimators, attomevs, auditors, accountants, purchasing and contracting agents, expediters— timekeepers, clerks and other personnel employed by CONTRACTOR wtwther at the site or is CONTRACTOR's principal or a branch office Sir general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in pars 11.4.1 of specifically covered by paragraph 11..E all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2- Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the,site. 11.5.3. Any part of CONIRACTOR's capital expenses, including interest .on CONTRACTOR'S capital employed for the Mork. and charges against CONTRACTOR for delinquent paynxrns. 11.5.4. Cost of premiums for all Bonds and for all insus-dixe,okediff or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except. for the cost of premiums ca;wed by subparagraph 11.4-5.9 abom). FJCDC G24ERAL CONDMONS 1910-9 (1990 Edittm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 472000) 115.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by nay of them or for whose acts ' any of them maybe liable iacludimg but not limited to, the correction of deye hue WbAc- disposal of materials or enuipmeat wTongty supplied and nial-ing good anydamage to property- 115.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 A4 11.6. The CONTRACTOR's five allowed to CONTRACTOR for overhead and profit shall be determined as follons_ 11.6-1. a nmtually 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_ Sur costs incurred under paragraphs 11.41 and 11.42, the COCTOR's fee shall be fifteen percent; 11.6 2-2_ for costs incurred under paragraph 11.43, the CONTRACTOR's fee. shall be five percent; 11.623. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fire and no fixed fee is agreed upon, the intern of paragraphs 11.4.1, 11-4.2. 11.43 and 1 L6 2 is that the Subcontractor who actually performs or fiarnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs mowed by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subamtactor and CONTRACTOR will each be paid a the nod r,....a.:a to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.62.4. no fee shall be payable on the basis of costs itemised under paragraphs 11.4.4,.11.4-5 and 11.5; 11-62-5. , the amount of credit to be allowed by CONTRACTOR to OWNER for any cbiege which results in a net decrease in cost will be the amount of the actual net decrease in cost phis a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.62-6. %A= both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the. net change in accordance with paragraphs 11162-1 through 1.1.62.5, inclusive. 11.7. %lemeier the cost of any Work is to be 25 determined pursuant to paragraphs 11 A and 11.5, CONTRACTOR Will establish and maintain records thereof in accordance uith generally accepted accounting practices and submit in form acceptable to 2i GR,IEEL an iternu ed cost breakdown together with supporting data_ Cash AlEo •mices: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allo%mm-es so named in the Contract Documents and shall cause the Work so covered .to be fiunished and pedam ed for such .sums as may be acceptable to OWNER and ENGIlVEEK . CONTRACTOR agrees that: 11.8:1. the allowances include the. cost to CONTRACTOR (less any applicable trade discounts) of materials and equips required by the allowances to bedeh-,wed at the site, and all applicable taxes; and 11-82. CONTRACTOR's costs far unload and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances hams been included in the Contrail Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued, as recommended by. ENGINEER to reflect actual amounts due CONTRACTOR as account of Work covered by allowances, and the Contract Price shall be corre,pondiagly adjusted-, 11.9. Luit Fice Mork. 11.9.1. Where the Cwitract Documents provide that an or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price work an amount equal to Hue sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit. Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Det=tmations of the actual quantities and classifications of Unit Price . Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 1.1.92. Each unit.price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'.- ot'-erhead and profit for each separately identified item_ 1193.OWNER or CONTRACTOR may umice a claims for an adjustment in the Contract Price in accordancewith Article 11 if 1193.1. thee quantity of any item of Unit Price Woik performed by CONTRACTOR differs materially and significant from the estimated quantity of such item indicated in the Agreement; �6 ETCDC GINERAI. COIvDMONS 1910 s (1990 Ecbaan) cot CITY OF FORT COUINS MODIRCATIONS (REV 40-000) and 11.9:3.2- there is no corresponding adjustment with respect tc any other item of Wo&, and 11-933. if. CONTRACTOR believes that CONTRACTOR is entitled to an 'increase in Contract Price as a result of hazing incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ll.93.4. CONTRACTOR acknowledaess that the OWNER has the.riAt to add or delete items in the Bid or change quantities at OWNER'S sole discretion.without affecting the Contract Price of any remaining. item so tong as the deletion or addition does not exceed bv-enty-five percent of the original total Contract Price. . -ARTICLE 12—CMLNGE OF CONTFUC.T TP ES 12.1. The Contract Times (or Milestones) may only. be - changed nged by a Change Order or a Written Amendment. Any claim fix an adjustment of. the Contract Times (or Milestones) .shall be bared on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating. the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within .sixty days after .such occurrence (unless ENGINEER allows 'additional time to ascertain • more accurate data in support of the. claim) and shall be accompanted by the claimant`s written statement that the adjustment clauned is the entire adjustmerit to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGlNEFR in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise. agree - No claim for an adjustmew in the Contract Times (or Milestones) witi be valid if not submitted in accordance with the requirements of this.para graph 12.1. 12-2. All time limit stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any. part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times or Milestones) 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 ind ud but not be limited to, acts or z>e<Ject by OWNER acts or neglect of utility owls or other�contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts . of God. Delays attriibiutabie to and residences and businesses are expected. The contractor will be responsible for notifying the affected users and insuring that any interruptions are as brief as possible. Flow Control Precautions: Precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. Contractor will be liable for private property damages caused by sewer blockages resulting from contractor's activities of lack of action to prevent. Contractor will be liable for punitive damages should the City of Fort Collins be fined by a regulatory agency because of the contractor's failure to control sewage flow. • Cleaning of Sewer Lines: The contractor will remove all internal debris out of the sewer line that will interfere with the installation of cured in place pipe. The contractor will be responsible for disposal of all debris removed from the sewers during cleaning operation. Line Obstruction: It will be the responsibility of the contractor to clear the line of obstructions such as solids, roots and protruding service connections that will prevent the insertion of the liner. If inspection reveals an obstruction such as protruding service connection, dropped joint, or a collapse that will prevent the cured in place pipe process, and it cannot be removed by conventional sewer cleaning equipment, then the City of Fort Collins project manager will make a decision for the appropriate action prior to the commencement of the work. Service Line Location: During the inspection of the sanitary and storm sewer lines the contractor will be responsible for locating all service connections to the sanitary and storm sewer mains. The contractor will also determine if each individual service connection is active or inactive and to what property they are connected. Inactive service connections may or may not be reconnected. The project manager will make the final decision on reconnecting inactive services. • Inspection of Pipelines: Prior to lining the pipe the contractor will clean and television inspect the sanitary and storm sewer lines. The contractor will inspect the sanitary and storm lines with a closed circuit television unit (CCTV). At the time of this inspection the contractor will produce a hard copy TV reports and video tapes of the complete project. • Public Information and Notification: The contractor will be responsible for contacting each home/apartment or business connected to the sanitary sewer informing them of the work to be done, and when the system will be off line and including but not limited to the following: o Written notification to be delivered by mail one week prior to installation to each home or business describing work, schedule, what impact or how it affects tenants or owners, and a local telephone number of the contractor they can call to discuss the project or problems. This is mandatory no exceptions will be allowed. 7 witbin the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. 'an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay sba11 be CONTPUCTOR's sole and eschmsice remedy for such delay. In no event shall OWNER be liable to CONTRACTOR. any Subcontractor, any Supplier, any od— person or organization_ or to any surety for or employee or agent of of them. for damages arising out of or resulting from7(r delays caused by or uxithiu the control of the CONTRACTOR or (it) delays beyond the control of both parties inclll nv 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 nvork as contemplated by Article 7. ARUCI:E 13—TESTS kND INSPECTIONS; CORRECTION, RENJ10V _AL OR ACCEPTANCE OF . DEFECM ,YRWORS 13.1. Xotice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. _dcceO to Mori.: 132. OWNER, ENGINEERR, ENGINEERS Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at v@ason—able times for their obsenation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for "such access and advise them of CONTRACTOR's site safety procedures and programs so that, they may comply therewith as applicable. rests acid biTecdons: 13.3. CONTRACTOR shall give ENGINEER. timely notice of readiness of the Work for all required inspections, test or approvals, and :shall cooperate with inspection and marten,, personnel to facilitate required inspections or tests. 13.4. OBI NER shall employ and pay for the services of as independent testing laboratory to perform all inspections,, tests or approvals required by the Contract Documenss'escept: 13.4.1. for inspections tests or approvals covered by paragraph 13.5 below; 13:4:2_ that costsincurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC C> DMRAL CON=OIv S 191" (1990 Edic®) wi MY OF FORT COU NS -NIODMCATDONS (E' 4;20DD) below shall be paid as provided in said paragraph 13.9; and 13.4.3_ as otberwiw specifically provided in the Coact Documents- 13.5. If Lams or Regulations of any public body ha-ving Iur►sd►ction require any Work (or part thereof] .specifically to be inspected, tested or apprm-ed by an employee or other represeatati,.e of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and famish ENGINEER the required certificates of inspection, or approvaL CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for 0AWER's and ENGINEER's acceptance of materials or equipment to be iinccogxnated in the Work; or of materials, mix designsy or equ ipatent submitted for approval prior. to CONTRACTOWs purchase thereof for incorporation in the Work 13.6: If any Work (or the work of others) that is to -be inspected tested. or approved is covered by CONTRACTOR without written concurrence of ENGINERI, it must, if requested by ENGINEER, be unravered for observation. 13:7. Uncovering Work as provided in paragraph 13.6 shall be at. CONTRACTOR's expense unless CONTRACTOR has gnRn' ENGINEER hmely. notice of CONIRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response. to such notice. 151cm-ering Mork. 118. If any Work is covered contrary to the written request of ENGINEER, it must,, if requested by ENGINEER, be unco,,mred for ENGINEER's obsen-ation. and replaced at CONTRACTOR s expense_ 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected. or tested by others, CONTRACTOR. at ENGINEER's request ;hall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work is question- firrnishiag all necessary labor, material and equipment If it is found that such Won is defective; CONTRACTOR shall pay all claims, casts; losses and damages caused by, adsiag out of or restulting from such uncovering, agxnure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work. of others); and OWNER .hall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable. to agree as. to the amount thereof may make a claim therefor as provided. in Article 11. If; however, . such Wank is not found to be defecmv, CONTRACTOR shall be allowed an increas e in the Contract Price or an extension of the Contract Times (or 4frlestones), or both; directly attributable to such 27 uncovering, exposure, observation, inspection, testing, septacemeut and reconstruction; and, if the parties are unable to agree as to the ' amouar or extent thereof CONTRACTOR may make a daim therefor as provided in, ,articles 11 and 12- 0M ER.Iky.StoptGe Mork. 13.10. If the ludork is defection, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equupmem, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Docuuecti, OWNER may order CONTRACTOR to stop the Wodc or any portion thereof until the cause for such order has been eliminated; however, this right of OWNER to stop the Wow shall not gLT a rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction orRenrmml ofDefec ve Work. 13.11. If raptured by ENGINEER: CONTRACTOR shall promptly, as directed either correct all defecd. ve Work whether or not fabricated installed or completed; or, if the Work has been rejected by ENGINEER; remove it from the site and replace it with Work that is not. defwffoe. CONTRACTOR shall pay all claims, casts_ tosses and damages caused by or resulting from .such correction or removal (including but not limited to all costs of repair or replacement of nrork of others). 13.1? Correction Period: 13.12.1. If uZthin ere two after the date of Substantial Completion or stub- longer period of time as may be prescribed by Iaws or Regulations or by the tams of any applicable special guarantee -required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i)'correct such defectfve Work, or, if it has been rejected by OWNER remove it from the site and replace it with Work that is not defective, and (u) satisfactorily correct or remove and replace any damage to other Work or the work of others restiI nag_ therefrom. If CONTRACTOR does not promptly comply with the tams of such instructions, or in an emergency where delay would cause serious risk of loss or damrage, OWNER may have the d ykdve Work corrected or the rejected Work reawced and replaced, and all claims;, costs, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of ,vcik of others) will be paid by CONTRACTOR 13-122.In special circumstances where 'a particular item of .equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12-3 Wbere defective Work (and damage to other EIMC GRgEP AL COIvT MOWS 1910=8 (1990 Edition �8 w/ CITY OF FORT COUINS MODIFICATIONS (REV 4,22000) Work resulting thwwficn) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of mw 3*a,� two nears ' after such correction or removal .and replacement has been satisfactorily completed_ Acceptance ofDefeetive Mork: 13.13. If instead of requiring correction or removal and replacement of defective Work OWNER (and prior to ENGINEER!s recommendation of final payment "s ENGINEER)) pprrefers to .accept it, OWNER may do so.. CONTRACTOR shall pay all cla'nis costs losses and damages attributable to OWNER's evahmation of and determination to accept such defective: Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final paym<, a Change Order will be issued incorporating the necessary re ,isious in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as prodded in Article 1 L If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OFiAE'R _UT, Correct Defective Tfork. 13.14. If.CONTRACTOR Erns within a reasonable time after written notice from ENGINEER to correct defective Wort or to remove and replace rejected Work as required ENGINEER ir> accordance with paragraph 13.11, or if ONIRV- R fails to perform the Work in accordance with the Contract Documents, or. if CONTRACTOR fails to comply with any other provision . of the Contract Docuahec s, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the ng hts . and remedies . under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial . action, OWNER may exclude CONTRACTOR from all or part of the site_ take possession of all orpart of. the Work, and suspend CONTRACTOWs 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 far which OWNER. has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNER's representatives, agents and. employees. OWNER's other contractors. and ENGINEER . and ENGINEER's. Consultants access to the site to enable OWNER to. exercise the rights and remedies under this paragraph All claims, costs, tosses and damages incurred or stir + by OWNER in exerc=g such rights and remedim will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof OWNER may make a claim therefx. as.prbvided in Article I I- Such cl� costs, lasses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged b y correction, renam-al or replacement of CO OWs dteforlive Wosic CONTRACTOR shall not be allowed an extension of the Contract Times (or Nfilestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OAFNER's rights and remedies hereunder_ ARTICLE 14—PAY-MEN7S TO CONTRACTOR _ N]3 C0-'%m1PLETIO Schedrrie of Yahres: 14.L The schedule of vahws established as provided in paragraph 2.9 main sen-e as the basis for progress payments and will be 'incorporated into a f= of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price .Wok will be based on the number of .its completed, Applicationfor Progress Patv►renrt: 14.2_ At least.tn;enty days before the date established for each progress payment (but not more often than once a month); CONTRACTOR shall submit to ENGINEER far miew an Application for Payment filled out and signed by CONTRACTOR.cmwing the Wo&- 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 deawed and suitably stored at the .site or at another location agreed to in writing: the Application for Payment shall also be accompanied by a bill of sale, imvice or other documentation warranting that OWNER has recened the materials and equipment free and clear of all liens and evidence that thee materials and equipment are coom'red by appropriate property ins; uanre and other arrangements to protect OWNs interest therein all of which, will be satisfactory to OWNER -The. amount of retamage with respect to progress pa rents will be as stipulated in the Agreement. Any f that are withheld in the OA NER 'shall not be subject to substitution by the CONTRACTOR with securities or any arrangements unohii� an escrow or custodianship. By executing the application far payment form the CONTRACTOR - waives his ngbf to the benefits of Colorado Revised Statutes. Section 24-91-101 et sea. CONIRWTOR's. Marranh' of Tide: 143. CONTRACTOR warrants and guarantees that title to all Wod4 materials and equipment covered by any Application for Payment, wiether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and dear of all Liens. Rerie►r of_4pp&cations for Progress Pq)vne►rt. 14.4. ENGINEER will, within ten days after receipt of each Application.Sor Payment either indicate in writing a E1CDC GENIItAL CONDIIIONS 1910-8 (1990 MdM) wJ CITY OF FORT COISINS MODMCATIONS (RW44.1000) recommendation of payment and present the Application: to OWNEL or return the Application to CONTRACTOR indic tins in writing ENGR iEER's reasons for. refusing to recommr d payment. In the latter case. CONTRACTOR may make. the necessary corrections and resubmit the Application- Ten days after presentation of the Application for Payment to OWNER with ENGTNEER's recommendation, the amount recommended will (subject. to the prmisionns of the last sentence of paragraph 14.7) become due and wiuen due will be paid by OWNER, to CONTRACTOR 14:5. ENGINEERS recommendation of any payment requested m an Application for Payment will constitute a representation by ENGINEER to OWNER, ' based on ENGINEER's on -site oheenations of the executed Work as an experienced and qualified design professional and on ENGINEER'.s rniew of the Application for Payment and the accompanying data and whedales, that to the best of EI TGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5 2, the quality of the Wow is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a fiunctiot- 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 fix Lnd Price Work under. paragraph 9.10, and to any other qualifications stated in the recomm ndatio), and 14.53_ the conditions precedent to CONTRACTOWs being entitled to such payment appear to. have been, fulfilled insofar as it is ENGINEER's responsibility to obsen-e the Wok. I cm-er; by recommending any such payment ENGINEER will not thereby be deemed to have rested that (r) eslaustive of coatimuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities K=Itally assi to ENGINEER in the Contract lts or (ir t there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final. payment shall not mean that ENGINEER. is responsible for CONIRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and proms incident thereto, or for any Silure of CONTRACTOR to. comply with Laws and Regulations applicable to the finuishing o performance of Wort or for any failure of CONTRACTOR to perform or firmish Work in accordance with the Contract Document.& 14.7_ ENGINEfiRmayrefuse to recommend the whole. of any part of any payment if in ENGINEER's opinion; it would be incorrect to make the representations to 29 OWNER refwed to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent .inspections or tests, millify any such payment previously recommended, to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract. Price has been reduced by Written Aft or Change Order, 14-7.3. OWNER has been required to couect defective Work or complete Work in accordance with paragraph 13.14, or. 14-7.4. ENGINEER has actual knowledge of the occurrence of any of the mwits enumerated in paragraphs 15?_1 through 15.2.4 inchumT. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRaCTOR`s performance or fiur dm,g 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 agamst the.amoi or 14.7.&. OWNER has actual knowledge of the occurrence of any of the e;T=s enumerated in paragraphs-14.71 through 14-7.3 or paragraphs 15.2.1 through 15 2A inclusive, but OWNER nnut give CONTRACTOR immediate written notice (with a copy • to ENGINEER) Ming the reasons, for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR . when CONTRACTOR corrects to OWNER's satisfaction the reasons far such action Substantial Coeipletion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items speafically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion - Within a reasonable time thereafter, OWNEIR CONTRACTOR and ENGINEER shall make an inspection of .the Wok to determine the status of completion- If ENGINEIIL does not consider the Work substantially complete, ENGIIEEt will - notify CONTRACTOR in writing giving the reasons therefx- If ENGINEER 30 EJCDC GENERAI. CONDITIONS 19I0-8 (1M F.�aan) cr/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2M) considers the «cork substantially complete, ENG VEER will prepare and deli-ver to OWNER a tentative certificate of Substantial Completion . xshich shall fix the date of Substantial Completion_ There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment- OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or. attached Fist. If after. considering such objections, ENGINEER concludes that the Wank is not subsntntialty complete. ENGINEER will within fourteen days, after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If after consideration of OWNER's objections; ENGINEER considers the Work substantially complete, ENGINEER will within said kerteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of an objections from OWNER At the time of delivery of the tentatii-e certificate of Substantial Completion ENIGINFER will deliver to OWNER and CONTRACTOR a written reoonmtendation as to division Of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation_ safety, maintenance, heat utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGPr LEER in writing prior to ENGRTEER`s issuing the definitive certificate of Substantial Completion, ENGTPiEER's albresaid recommendationwill be binding on OWNER and CONTRACTOR until final payment 14.9. MINER shall have the right to exclude CONTRACTOR fiom the Work. after the date of Substantial Completim but OWNER shall allow CONTRACTOR reasonable access to complete cr correct it on the tentative list. Partial titrNwdon: 14.10. Use by OWNER at OWNER's option of any substantially compIeted of the Work. which: (i) has specifically been ed in the. Contract Documents, at (n) OWNER, ENGINEER and CONTRACTOR amee constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interfPre>xe with CONTRACTOR'S perfhruzaace of the. remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at time may request CONTRACTOR in wxitrrig to pemut CM_ ER 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 wbstamially complet-_CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers Amy such part of the Work ready frn its intended use and subst�nt+at v 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, OWNER, CONTRACTOR and ENGINEER shall make -an inspection of that part of the Work to determine its status of completion,_ If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor, If ENGINEER considers that part of the Worts to be substantially complete, the provisions of paragraphs 14.8 and 14-9 will apply with meet to certification of Substantial Completion of that part of the Work and the ditrision of responsibility in respect thereof and access thereto. 14.10 2- A'o occupancy or separate operation of part of the Work. will be accomplished prior to compliance with the requirements of paragraph 515 in respect of property insurance. Fugal Inspection: 14.11. Uponw- itten notice from CONTRACTOR that the entire Work or .an agreed portion thereof is complete. ENGINEER will malre a final inspection with OWNER .and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which, this inspection reveals that the Work is incomplete or de, ferlive. CONTRACTOR shall. immeKhately take such measures as are necessary to complete such urork ar remedy such deficiencies . Fnal.AppUchlion for Pgtauetit. • 14.12. After. CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivwed in accordance with the Contract Documents all mains an Boand nds, operating instructions, schedules; certificates or other evidence of insurance required by paragraph.5.4, certificates. of inspection, marked -up record docmments (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment follauing the procedure for progress paymerL The final Application for Pavmeat :hall be accompanied (except as previously defixwed) by- (i) all documentation called for in the Contract Documents, uwhxhng but not limited to the evidence of insurance required by subparagraph 5.4-13. (ii) consent of the mrety, if any, to final payment, and (iu) complete and legally effective releases or uahws (satisfactory to OWNER) of all Liens a king Gut of or tiled in connection hith'the Work. In lieu of such releases or waivvrers of Liens and as approved by OWNER CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that: (i).the releases and receipts include all labor, .senses material and egtupnent for which a Lien could be filed, and (u) all payrolls, material and equipment bills, and other indebtedness connected with the Worn fior which OWNER cr OWNER's property might in any gray be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails ETCDC GENERAL CONDITIONS 1910-8 (1990 Edit cm) at CITY OF FORT COLL M MODIFICATIONS (REV 4200O) to fiunish such a release or receipt in fill CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER.against any Lien- Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard horns bound in the Project manual Final Pm'n►ent mnd.Acceptance: 14.13. If on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's rot*iew of the final Application for Paynvw and accompa%uLg docunientrtion as required by the Contract Documents, ENGINEER is satisfied' that the. Weak has been completed and CONTRACTORS other obligations: under the Contract Documents have. been fulfilled, ENGINEER dill, within ten days after receipt of the final Application far Palmwat, indicate in uniting lei tGINEER's recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also gil-e written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provmonns of paragraph 14-15- Otherwise, ENGINEER will return the Application to CONTRACTOR indicating in writing the IMS011S for ref L=g to recommend final payment, in which case CONTRACTOR shall make the necessary cosections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation 'and notice of acceptability, the amount recammemded by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph f 7-6.2 of these General Conditions 14.14- If through no. fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms; OWNER sha1L upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due, for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully. completed orcorrected is less than the retai ge stipulated in the A_greemeriL and if Bonds have been fiunished as required in paragraph 5.1, the written consent of the surety to the.payment of the balance due fur that portion of the Work fit>ty completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application fAr .such payment Such payment_ shall be made under the terms. and conditions gov-miag fi* payment, except that it :shall not constitute a waiver of claimus_ 11'aiver of (Imtu.s: 14.15- The making and acceptance of final payment will constitute: 14.15-1. a wanrr of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from deferfiw Work ,appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the ContractDocumentor the terms of any special guarantees specified therein, or from CONfRACFORs continuing obligations under the Contract Documeats; and 14.15.2_A wai-ver of all claims by CONTRACTOR against OWNER other than those prm-iously made in writing and still unsettled ARTICLE 1--SUISPENSIO`Ni OF NMRK XND TEILAM. -AIION OTVAEER,11gv Suspend TT"o& 15.1. At any d= and without cause, OWNER may suspend the Wont or any portion thereof for a. period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract. Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as prodded in Articles l l and 12_ OTEI'ER,1iay renninate. 15;2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perfcnn the Work in accordance whir the Contract Documents (inchuhng, but not limited to, failure to supply sufficient. skilled workers or .suitable materials or equipment or faihue to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards, L w's or Regulations of any public body havimg jurisdiction; 15 2.3. if CONTRACTOR disregards the authority of ENGINEEF, or 15.2.4. if CONTRACTOR otherwise %iolates in any substantial way any provisions of the Contract Documents; OWNER. may, after gi%-rig CONTRACTOR (and the surety, if aryl scmmn days` vvrdten notice and to the extent pernmaed by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take PoSSCSsiM of the Work and of all CONTRACTORS . tools, appliances, construction equipment and machinery at the site and use the same" to the full extent they could be used by CONTRACTOR (nithaut liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for. which OWNER has paid 32 EImEC GM AL'CMMITIONS 1910-8 (1990 FAdm) wr CITY OF FORT COLLINS MODIFICATIONS (REV a hW CONTRACTOR but Much are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to recei-ve any fiuther payment until the Work is finished. If the unpaid balance of the Contract Price exceeds allclaims' costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claim-, cost,, losses and damages, exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses and damages insured by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved bENGINEER incorporated in a Change Order, provided tfiat wfien exercising any rights or . remedies under this paragraph OWNER shall not be. required to obtain the lmml price for the Work performed. 153. Where CONTRACTOR's services have been so terminated by: OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue_ Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability_ 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may without cause and without prejudice to any other right or remedy of OWNER elect to terminate the ?agreement. In such case, CONTRACTOR shalt be paid (without duplication of any item;): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination inchuhng fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and fiunishing labor, materials or equipment as required by the . Contract Documents in connection xrith uncompleted Wort plus fair and reasonable sums for omghead and profit on such expenses; 15-4.3. fix alE claims, costs; losses and damages inevmd in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall nor be paid on account of loss of anticipated profits or awenue' or other economic loss arising out of or resulting from such termination. C0.N7R -1Cr0R 11rtv •Stop Work or rerruirrate. 15.5. It through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application fix Paywemt within thirty days after it is submitted or MWER fiils.fior thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' .written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or ffilure n2tbin that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy; if ENGINEER has fined to act on an Application fear Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENG rNEER stoopp the Work until vnmeflt of all. such amounts due CONTRACTOR inchtd g interest thereon_ The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from walcing claim under Articles 1 I . and 12 for an increase in Contract Price or. Contract. Times or otherwise for uses or damage directly attributable to CONTRACTOR's stopping Work as pecraiiied by this p—?Fapb- ARTICT.E 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR bane agreed on the method and procedure for resoiviag disputes between them, that may arise under this Agreement such dispute resolution method and procedure if any, shall be as set forth in Exhibit'GC-A, 'Dispute Resolution Agreement",. to be attached hereto and made a part hereof. If no such agreement on the nxthod and procedure for resoling such, disputes has been reached, and subject to the provisions of paragraphs 9.10; 9.11 and 9-12,. OWNER and CONTRACTOR may exercise such rights or remedies as eithermay otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute - ARTICLE 17-1-IISCELL--1:NNEOUS Gluing ,-N'oiice: 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 film or to an officer of the corporation for whom it is intended, or if delivered at or :sent by registered or certified mail postage prepaid, to the List business address known to the givzr of the �tice- 17.2. Computadon ofTnue: 17 2.1- When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such perio(I If the last day of any such period falls. on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, .such day will be omitted from the computation- FJCDC G04MZ at CONI)mo S 1910-s (1994 Fdm®) u-t CITY OF FORT. COLLINS ?MODIFICATIONS (REV 4lZ000) 172_2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. t'odre of Claiut: 173. Should OWNER or CONTRACTOR stiffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other parWs employees or agents or others for vultose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the "first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a %miv�er of the provisions of any applicable statute of limitations or repose-Cumulatfr a Remedies: 17.4- The duties and obligations rrupo;ed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the wananties, guarantees and obligations imposed upon CONTRACTOR by p gapbs 6.17, 6.16, 630. 631, 6.32, 13:1, 13-12. 13.14. 143 and 152 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be coast ued is any way as a limitation. of any rights and remedies available to any or all of them wiuich are otherwise irnposed or available by Laws or Regulations by specal warranty or guarantee or by other proivisi.ans of the Contract Documents, and the provisions - of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each a ch particular duty, obligation, right and remedy to which they pp y Professional Fees and Court Costs Lichided: 17-5- Whenever refireace 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 pro€esmonals and all court or arbitration or other dispute.resohution costs. 17.6- The lairs of the State of Colorado gply to this Agreement.. Reference to two pertinent Colorado statutes are as follows; 17.62_ If a claim is filed OWNER is reauired by lave (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the patient of all claims for labormaterials team hire_ sustenance, pywisiom txovvnder- or other supplies used or consumed by CONTRACTOR or his 33 34 EICDC GFNULAL CONDMONS,1910-s (1990 Eft i 3) wi Cliff OF FORT COLLINS MODIFICATIONS UZEV -ff_'� (Iris page le8 blank intentionally_) EJCDC CE4ERAL CONDITIONS 1910-s (1990 Fdgim) 35 *Ft CITY.OF FORT COLLINS MODIFICATIONS 9= 4n900) 36 EtCDC GENERAL COIDMONS 191" (IMEftmn wi = OF FORT COLLINS MODIFICATIONS (REV 10-L0O) o Personal contact with homeowners on the day of pre -installation inspection of the sewer. Each lateral shall be verified by having the owner/tenant run water down their drain. If the owner/tenant is unavailable, other arrangements shall be made to drain water through the lateral. o Personal contact with owner/tenant and written notice the day prior to beginning reconstruction of the section of sewer to which they are connected. o Personal contact with any home or business which cannot be reconnected within the time stated in the written notice. o If required by a served business or homeowner, portable toilets for use by the occupants will be furnished and serviced by the contractor. The cost of these items is considered to be included in the cost of the cured in place pipe installation. No additional payment will be made for these items. o Daily notification of job location and schedule to the project manager is mandatory. This will be accomplished by faxing a report the night before or on the morning work will begin. This will be done for each location. The City of Fort Collins Utilities fax number is: 970-221-6619 o The use of water from fire hydrants will be free to the contractor. However a hydrant meter/backflow preventer with auxiliary valve will be connected to the approved fire hydrant. Only fire hydrants approved by the City of Fort Collins will be used. All fire hydrant use will be coordinated through the Water Utilities leak detection specialist Lindy Westcott @ 970-221-6234 or 970-222-0064. Installation: Cured in place pipe installation shall be in accordance with ASTM F1216, section 7. The quantity of resin used for tube impregnation shall be sufficient to fill the volume or air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. A roller system shall be used to uniformly distribute the resin throughout the tube. Reinstatement of branch connections: Branch connections will be reopened without excavation, utilizing a remote controlled cutting device, monitored by a video TV camera. The contractor will certify they have a minimum of two (2) complete working cutters before reconstruction. No additional payment will be made for excavations for the purpose of reopening connections and the contractor will be responsible for all costs and liability associated with such excavation and restoration work. No service connection will remain out of service for more than 24 hours without the contractor providing some means of temporary facilities or hotel accommodations for the residents. Service lines will be reconnected with 100% of their original capacity. • Quality control: The contractor will be responsible for the quality, safety and protection of work until accepted by the City of Fort Collins. EXHIBIT GC _A to General Conditions of the Construction Contract Between ONV ER and CONTRACTOR D1.spti TE REsoumON AGREEDtLN--T OWNER and CONTRACTOR hereby auuee that Article 16 of the General Conditions of the Construction Contract between OWNER 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 a sing out of or relating to the Contract Documents. or the breach thereof (omept'for claims whichhave-been waned by. the malting 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 ob ininv subject to the limitations of the Article 16. This agreement so to arbitrate and aM other agreement or consent to arbitrateentered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the pr offing law of any court havimg jurisdiction_ 162. No demand for arbitration of any claim dispute or other matter that is required to be . referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date_ No demand "far 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 fiW ure to demand arbitration within said thirty days' period will result in ENGINEER'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 written decision of ENGINEER rendered in accordance Kith paragraph 9.10 will be made later "than ten days after the party malting such demand has delii-ered written notice of intention to appeal as provided in paragraph 9.10_ 163. Notice of the demand for arbitration will be filed in writmg with the other party to.the Agreement and with the American Arbitration Association-, and a copy will be sent to ENGINEER for information- The demand far 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 claims dispute or other matter m question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim dispute or other mutter in question would be barred by the applicable statute of limitations_ EICiC G04MUL. CONDMONS 1910-8 (1990 Edition) Rl CITY OF FORT COLLINS SSODIFIC4TIONS OtEV M9) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other wanner any other person or entity (inchtdiug Fir iG1NEER- ENGR=s Consultant and the officers, directors, agents, employees or consultants of any of thew) who is not a party to this contrad unless:' 16.4_ L 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-oh-ed in a question of law or fact which is common to those who are already parties to the arbitration and whichwill arise in such proceedings, and 16.4.3_ the written consent of the other. person or entity . sought to be included and of OWNER and CONTRACTOR has been obtained for such'inclusion_ which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described w such consent or to arbitration whth any party not specifically identified in such consent. 16.5_ Notwithstanding paragraph 16A.. if a claim dispute or other natter in question between OWNER and CONTRACTOR ire olves the Worst of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between. OWNER and CONTRACTOR hereunder_ CONTRACTOR sball include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subaanfractor consents to being joined to an arbitration between OWNER and CONTRACTOR im-oh* the Work . of such Subcontractor -"Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEERR's Consultant 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 having jurisdiction thereof and it will not be subject to modification or appeaL 16.7. OWNER and CONTRACTOR aeree that they shah first submit. any and an unset#led claims, counterclaim disputes' and other matters in question between them an.3ng out of or relating to the Contract Documents or the breach thereof ("disputes"j, to mediation by .the American Arbitration Association under the Construction Indusby Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties The respective thirty and ten daytime limits within which to file a demand for arbitration as provided in paragraphs 162 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation_ The mediator of any dispute submitted to mediation under thisAgreemeat shall not serge as arbitrator of such dispute unless otherwise agreed_ .GC -Al EICDc cEMm,kL cONDTIIONs 191" (1990 Edirian) GC -.ail x7 CITY OF FORT COLLINS 3IODIFICATIONS (REV 9194) EXHIBIT C 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. EXHIBIT D 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. • Inspection: Cured in place pipe samples will be prepared and tested in accordance with ASTM F1216, Section 8.1 using method 8.1.1 when space and size permits. The results will be submitted to the City of Fort Collins. A television inspection of the completed project will be performed by the contractor. The City of Fort Collins will have a representative present at the time of this inspection. At the time of this inspection the contractor will produce color video DVD of the entire project. These video DVD's will be delivered to the project manager at completion of the project. The contractor will maintain bypassing operations during this inspection so the entire circumference of the pipe can be viewed. Prior to expiration of two (2) years from date of substantial completion, the City of Fort Collins project manager will make visual inspection of the project in company with other representatives of the City of Fort Collins to determine whether corrective work is required. The contractor shall attend this inspection if requested by the City of Fort Collins. • Clean up: Upon acceptance of the cured in place pipe installation and testing, the contractor will reinstate the project area affected by the operations. Waste material will be disposed of by the contractor at his expense. • Measurement and payment: Payment will be made based on unit price of material actually installed in the sanitary and storm water systems. Measurement for cured in place pipe payment will be that footage measured from center of manhole to center of manhole or actual length of line. Warranty: The contractor and the manufacturer shall warranty all materials and workmanship for a period of two (2) calendar years. The warranty shall cover, but not limited to the following: Defects discovered in material used in the project. Failure of liner to remain formed to the previously existing sewer line. Lateral connections that were active but not reconnected to the line at the time of construction. Any damages resulting from same. • References: The contractor will provide to the City of Fort Collins all references both past and present projects including project name, contact person, and telephone number. Q