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HomeMy WebLinkAbout107133 BATH INC - CONTRACT - AGREEMENT MISC - BATH INC (2)I 1 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION ' 00300 Bid Form CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement ' 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance ' 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00660-1 ' 00670 Application for Exemption Certificate ' CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order ' 00960 Application for Payment SPECIFICATIONS 02920 Lawns and Grasses 02930 Exterior Plants 1 Section Pages 00300-1 - 00300-3 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00670-1 - 00670-2 00700-1 - 00700-34 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 I LS 1.3 Landscape Legend & Notes LS 1.4 Landscape Plan LS 1.5 Mulch & Boulder Plan IR 1.0 Irrigation Plan on Natural Features Buffer Line Plan IR 1.1 Irrigation Detail Page Plan The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. ' 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ' ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. ' 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be ' assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 11 1! FORT COLONS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado 3. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. 4. Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. 5. A limit of one replacement of each exterior plant will be required, except for losses or replacements due to failure to comply with requirements. PART 2-PRODUCTS 2.1 i I A. i 11 I MATERIALS, GENERAL Lead Requirements: 1. Local/Regional Materials: Preference shall be given to products and materials which have been manufactured, harvested, extracted mined quarried, etc. within a 500 mile radius of the project site. 2.2 TREE AND SHRUB MATERIAL A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Grade: Provide trees and shrubs of sizes and grades complying with ANSI Z60.1 for type of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Architect, with a proportionate increase in size of roots or balls. C. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. D. Label at least one tree and one shrub of each variety and caliper with a securely attached, waterproof tag bearing legible designation of botanical and common name. E. If formal arrangements or consecutive order of trees or shrubs is shown, select stock for uniform height and spread, and number label to assure symmetry in planting. 2.3 SHADE AND FLOWERING TREES A. Shade Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, complying with ANSI Z60.1 for type of trees required. 1. Provide container or balled and burlapped trees. 2. Branching Height: One-third to one-half of tree height. B. Small Upright & Spreading Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1; stem form as follows: 1. Stem Form:. Single stem & Multistem, clump, with two or more main stems & Multistem, shrub, with multiple stems. 2. Provide container or balled and burlapped trees. Exterior Plants 02930 -4 1 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado C: Multistem Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1; stem form as follows: 1. Stem Form: Clump. 2. Provide container or balled and burlapped trees, 2.4 DECIDUOUS SHRUBS -an 1 A. Form and Size: Deciduous shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. 1. Provide container -grown trees. 2.5 CONIFEROUS EVERGREENS A. Form and Size: Normal -quality, well-balanced, coniferous evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1. B. Form and Size: Specimen -quality, exceptionally heavy, tightly knit, symmetrically shaped coniferous evergreens: 1. Provide container or balled and burlapped trees. 2.6 BROADLEAF EVERGREENS A. Form and Size: Normal -quality, well-balanced, broadleaf evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1. 1. Provide container balled and burlapped trees. 2.7 GROUND COVER PLANTS A. Ground Cover: Provide ground cover of species indicated, established and well rooted in pots or similar containers, and complying with ANSI Z60.1 2.8 PLANTS A. Annuals: Provide healthy, disease -free plants of species and variety shown or listed. Provide only plants that are acclimated to outdoor conditions before delivery and that are in bud but not yet in bloom. B. Perennials: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed. C. Fast -Growing Vines: Provide vines of species indicated complying with requirements in ANSI Z60.1 as follows: 1. Two-year plants with heavy, well -branched tops, with not less than 3 runners 18 inches or more in length, and with a vigorous well -developed root system. 2. Provide field -grown vines. Vines grown in pots or other containers of adequate size and acclimated to outside conditions will also be acceptable. Exterior Plants 02930 —5 FORT COLLINS DISCOVERY MUSEUM 406 Mason Court Fort Collins, Colorado 2.9 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material content; free of stones 1 inch (25 mm) or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on -site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. a. Supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. Obtain topsoil displaced from naturally well -drained sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from bogs or marshes. 2.10 FERTILIZER A. Slow -Release Fertilizer: Osmocote for trees and shrubs. 1. Fertilizer: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil -testing agency. 2.11 PLANTINGS MULCH A. Organic Mulch: Clear pine or spruce, No. 1, "pole peelings" with an approximate width of 1-2 inches and 3-4 inches length, fibrous and capable of matting together and interlocking when moistened and settled. B. Inorganic Mulch: 1 '/" river rock. Submit Sample. 2.12 TREE WRAP A. 4-inch commercial tree wrap. Submit sample. 2.13 PLANTER SOIL MIX A. Planter Soil Mix: One part topsoil, one part coarse sand, one part peat moss. 2.14 COMPOST A. Compost: A-1 organic compost (Loveland's own); or well -composted, stable, and weed -free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1/2-inch sieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings. Organic matter content: 50 to 60 percent of dry weight. CN ratio is to be less than 20:1. 2.15 PLANTING PIT AMENDED SOIL A. Add 1/3 compost by volume to on -site soil. Exterior Plants 02930 —6 FORT COLLINS DISCOVERY MUSEUM ■ 408 Mason Court Fort Collins, Colorado 2.16 BOULDERS A. Landscape boulders and stream boulders & stream cobble can be obtained from the following acceptable rock source such as: Stone Wholesale, 11585 N. Highway 287, Laporte, CO 80535, contact Jim Striggow 970-221-0057. OR EQUAL B. Boulder Type: Brownstone. Where indicated, size of boulders is keyed to drawings as follows: Key Minimum Length Minimum Width Minimum Height #1 1-Foot 1-Foot 1-Foot #2 2 feet 1 '/2 feet 1 foot #3 3 feet 2 feet 1 '/2 feet 94 4 feet 3 feet 2 feet #5 5 feet 3'/: feet 3 feet Size of boulders where not indicated shall be approximately as shown to scale on plans and details. C. Boulders shall be sound and not marred by handling. 2.17 STREAM COBBLE A. Stream cobble shall be rock of the same approved rock source as the boulders. Submit a 5 gallon bucket sample for approval by Owner. B. Size shall be as follow: 1. 50% 1'/2 "-3" diameter. 2. 25% 4"-6" diameter. 3. 25% 7"-8" diameter. 2.18 FLAGSTONE A. Flagstone, Buff or to match existing revetment walls and boulders on site. Submit a 5 stone sample for approval by Owner. B. Thickness shall be minimum of 2 inches unless otherwise noted: PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive plants for compliance with requirements and conditions affecting installation and performance. Proceed with installation only after unsatisfactory conditions have been corrected. B. Beginning work of this section implies acceptance of existing conditions. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. Exterior Plants 02930 —7 f; FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado (� B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil - bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain Architect's acceptance of layout before planting. Make minor adjustments as required. I. 3.3 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to a minimum depth of 12" sufficient to remove Compaction. Remove stones larger than 2 inches (50 mm) in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 1. Thoroughly blend soil .mix off site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. ' 2. Spread soil mix to a depth of 8 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. I a. Spread approximately one-half the thickness of planting soil mix over loosened subgrade. Mix thoroughly into top 4 inches (100 mm) of subgrade. Spread remainder of planting soil mix. ' I B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. I C. Restore planting beds if eroded or otherwise disturbed after finish grading and before planting. 3.4 TREE AND SHRUB EXCAVATION A. Pits and Trenches: Excavate circular pits. Trim base leaving center area raised slightly to support t root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. 1. Excavate approximately two times as wide as ball diameter for balled and burlapped or container -grown stock. I B. Subsoil removed from excavations may be used as backfill. C. Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. At the direction of the Architect, conduct percolation tests on representative tree pits by filling pit half I full with water. If pit does not completely drain, install an 8-inch diameter caisson of sufficient depth to drain pit. Fill with 1 %: inches of crushed stone covered with geotextile filter fabric. ' j 3.5 A. TREE AND SHRUB PLANTING Set balled and burlapped stock plumb and in center of pit or trench with top of root ball 2 inches (50 1., mm) above adjacent finish grades. �I ! Exterior Plants 02930 -8 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado 1. Remove burlap and wire baskets from the top half of root balls. Do not remove from under root .balls. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing final layer of planting soil mix. B. Set container -grown stock plumb and in center of pit or trench with top of root ball 2 inches (50 mm) above adjacent finish grades. 1. Carefully remove root ball from container without damaging root ball or plant. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing final layer of planting soil mix. C. After a bed is completely planted, hand -spade entire bed to a depth of 12 inches (250 mm) in order to remove compaction from planting operations. D. Organic Mulching: Apply 3-inch (75-mm) average thickness of organic mulch over entire planting bed for perennial beds and Native American planting beds. Do not place over weed barrier fabric E. Inorganic Mulching: Apply 3-inch (75-mm) average thickness of inorganic mulch over entire planting bed for shrub and tree planting areas over weed barrier fabric where indicated on plans. F. Stream Cobble Mulching: Apply single layer of stream cobble mulch over inorganic mulch where indicated on plans for shrub and tree planting areas. 3.6 TREE AND SHRUB PRUNING A. Prune, thin, and shape trees and shrubs only as directed by Owner. 3.7 GUYING AND STAKING A. Guying and Staking: As shown in details, guy and/or stake trees immediately upon planting to maintain plumb trunks. 3.8 PLANTERS A. Place 12-inch minimum planter soil mix in all walled planting areas. 3.9 GROUND COVER AND PERENNIAL PLANTING A. Set out and space ground cover and perennials in groups to ensure even spacing. B. Dig holes large enough to allow spreading of roots, and backfill. C. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Exterior Plants 02930 -9 1 [ FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado D. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. II ' E. Protect plants from hot sun and wind; remove protection when plants show evidence of recovery from transplanting shock. 3.10 PLANTING BED MULCHING I A. Apply 3-inches (75-mm) average thickness of organic mulch, and finish level with adjacent finish grades in all planting areas, except where noted on plans as inorganic mulch. Do not place mulch against plant stems. B. Apply 3-inches (75-mm) average thickness of inorganic mulch over weed barrier fabric, and finish ' level with adjacent finish grades in all planting areas, except where noted on plans as organic mulch. Do not place mulch against plant stems. 'I IE 3.11 BOULDER PLACEMENT C. At the direction of the Architect, place boulders to relate faces and tops of boulders to one another. Plans show the general location, orientation and size of boulders. D. Dig a soil pocket for each boulder so that bottom of boulder will be 3 to 6 inches below grade at face of boulder. Backfill around boulders in 6-inch lifts, eliminating air pockets. 3.12 CLEANUP AND PROTECTION A. During planting, keep adjacent pavings and construction clean and work area in an orderly condition. B. Protect plants from damage due to landscape operations, operations by other contractors. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged planting. 3.13 DISPOSAL A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 02930 Exterior Plants 02930 —10 ' OWNER: CITY OF FORT COLLINS By:eRISK � ... ILL ll, CPPO, FNIGP PURCHASING AGEMENT I Attest: ' City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approv d o orm Assi t3City Attorney CONTRACTOR: Bath Lands pe, Inc. By: je&-Vl L.4a�Au PRINTED Title: rRPsiberoY Date: 0--~V4WY i%-eY (CORPORATE SEAL) i. c Attest: Address for giving notices: �qtT-CL iN1 CO eOLf-A'r License No.: S. 33 I I i I SECTION 00530 NOTICE TO PROCEED Description of Work: Discovery Museum Landscaping To: Bath Landscape, Inc This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of , 20 CONTRACTOR: Bath Landscape, Inc. Title: ' SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate I 1 1 I 1 t SECTION 00610 PERFORMANCE BOND ' Bond No. S383692 KNOW ALL MEN BY THESE PRESENTS: that Bath Landscape, Inc. 2000 E. Prospect Road, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box712, Des Moines, IA 50306-0712 hereinafter referred to as "the Surety', are held and firmly bound unto City of Fort Collins 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as ' the "OWNER", in the penal sum of One Hundred Seventy -Three Thousand Eight Hundred Nineteen Dollars ($173,819.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and ' severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 4" day of January, 2012, a copy of which is ' hereto attached and made a part hereof for the performance of The City of Fort Collins Project, Discovery Museum Landscaping. ' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall ' satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER ' may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR ' shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. I IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 9th day of January 2012. IN PRESENCE OF: ' Sr C- Tr ec�S (Title) (Corporate Seal) ' IN PRESENCE OF IN PRESENCE OF: ' Witness (Surely Seal) Principal Bath, Inc. (Title) P.O. Box 1966, Fort Collins, CO 80522 (Address) Other Partners M 0 Suretx1. 1Employers Mutual Casualty Company By: �W111AX i \I Darlene Krin s, ttorney 'n-Fact P.O. Box 712, Des Moines, IA 50306.0712 (Address) ' NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. I F SECTION 00615 PAYMENT BOND Bond No. S383692 KNOW ALL MEN BY THESE PRESENTS: that Bath Landscape, Inc. 2000 E. Prospect Road, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712,Des Moines, IA 50306-0712 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum One Hundred Seventy -Three Thousand Eight Hundred Nineteen Dollars ($173,819.00) of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 4th day of January, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Discovery Museum Landscaping. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 1 F 1 1 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 9th day of January 2012. IN PRESENCE OF: Principal Bath, Inc. (Title) (Title) (Corporate Seal) ' - IN'PRESENCE OF: IN PRESENCE OF: Witness (Surety Seal) P.O. Box 1966, Fort Collins, CO 80522 (Address) Other Partners Suret �EmployersMutual Casualty Company By: Darlene Krings, At orney-in- g act P.O. Box 712, Des Moines, IA 50306-0712 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. /EMCInsurance Companies® No. 954725 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois ENCASED Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: DARLENE KRINGS, DIANE CLEMENTSON, JENNIFER WINTER, INDIVIDUALLY, FORT COLLINS, COLORADO.................................... its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and otherobligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2012 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: ,. RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 16TH dayof FEBRUARY , 2009 Seals .P5�0 INSbgg2 •', u0 "s .`�"N N �n`J. '•. y�PPOPa'. "' tPF?a ;_ �PPP Oflq O o" aTCr_ F._ O. _ �ONPOfld� SEAL! 1863 =" 1953 o .a. , :i•,, =ei �OWP n,w n.n S,SUFAN�F d ��, IIA( =:o\NSUAAN'e", �¢ `OPP OflG...•.� •; QE ..........;,, O•: �" PS • rr 9S a :'aPPOPq �•. G - _ '�° SEAL 0 SEAL SEAL `s +z 'Q�: rowP :; °ern oo+o`O _ ............ �MOiNEs�O�.�' �VZ0AL INSG o� MUTUq� 9y `"' `•. LAUREL A. BLO55 Commission Number 183562 �FSURAP . My Comm. Exp. Marl 3 2074 MOINES, , //6 1 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & ; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel AV Assistant Secretary On this 16THday of FEBRUARY AD 2009 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel,-who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. - My Commission Expires March 13, �2014.� `Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, i this Power of Attorney issued pursuant thereto on FEBRUARY 16 2009 behalf of Darlene Krings, Diane Clementson, Jennifer Winter true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 9th dayof January 2012- ,i Vice -President I ' SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 I 1 I I I I I SECTION 00300 - •[u Client#: 21043 BATIN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE"'""DATE(MM ,/09/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood & Peterson Ins., Inc. P. O. Box 578 Greeley, CO 80632 970356-0123 TA NAME, Jennifer Winter PNHGNNo , : 970 266-7127 NCNall 506 -6846 DREat E-MAIL Jennifer.Winter@floodandpeterson.com PRODUCER CUSTOMER ID#: INSURERIS) AFFORDING COVERAGE NAIC# INSURED Bath, Inc. INSURER A: Bituminous Insurance INSURERS: Travelers Insurance Company 2000 E. Prospect Road Fort Collins, CO 80525 INSURER CPinnacol Assurance INSURER O INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 1 1 1 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE kDDL NSfl SUBR WD POLICY NUMBER POLICY ERE MM/DDNYY POLICY EXP MM/DONYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X PD Ded:500 CLP3561743 11/01/2011 11/01/2012 EACHOCCURRENCE $1000000 PREMISES Ea ccurence $100,000 MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PIFQTRO X LOC PRODUCTS - COMP/OP AGG s2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS Drive Other Car CAP3561744 11/01/2011 11/01/2012 COMBINED SINGLE LIMIT (Ea accident) $1 DUODUU X BODILY INJURY (Per person) $ BODILY INJURY(Peraccidenl) IS PROPERTY DAMAGE (Peraccldenl) $ X X $ X IS A B X X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 1 CUP2591075 0108300495 ISO Retention 1/01/2011 11/01/2011 11/0112012 11/01/201 EACH OCCURRENCE $1000000 AGGREGATE $1,000,000 DEDUCTIBLE RETENTION 10000 Each Occur s4,000,000 X Aaareciate $4000000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVEY/N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS Below WA 4015110 11/01/2011 I 11/01/2012 I X WC STATU- I OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 EL.DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) RE: Discovery Mueseum Landscaping City of Fort Collins, its officers, agents and employees, are listed as Additional Insureds as their (See Attached Descriptions) 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (20119/09) 1 of 2 The ACORD name and logo are registered marks of ACORD ' #S667649/M654961 JZS I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ' ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ' Section II — Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and ' included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be ' primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to ' all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. 1 ' GL-4665 (01/11) ' Includes Copyrighted Material of Insurance Services Office With Its Permission I 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE:Discovery Museum Landscaping LOCATION: Fort Collins, Colorado ' OWNER: City of Fort Collins CONTRACTOR: Bath Landscaping, Inc. ' CONTRACT DATE: January 4, 2012 The Work performed under this contract has been inspected by authorized ' representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. ' A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the ' responsibility of the CONTRACTOR.to complete all the Work in accordance with the Contract Documents. 1 ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: Bath Landscaping, Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Bath Landscaping, Inc. for the City of Fort Collins project, Discovery Museum Landscaping. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated January 4, 2012. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: I SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Bath Landscaping, Inc. (CONTRACTOR) PROJECT: Discovery Museum Landscaping 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if ' any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or ' assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. ' 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver 1 Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any ' labor and material bonds for the project. Signed this day of 20_. , CONTRACTOR: Discovery Museum Landscaping , By: Title: ' ATTEST: ' Secretary STATE OFCOLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. My Commission Expires: Notary Public I SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") ' CONTRACTOR: Bath Landscape, Inc. ' PROJECT: Discovery Museum Landscaping CONTRACT DATE: January 4, 2012 ' In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for ' on bond of (Surety) ' hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. ' IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 ' (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact. DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) �� nn AInT WDITD IAI TWIG CDAr`F The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - ,CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. ( ) Business telephone number: Colorado withholding tax account number. Copies ofcontract or,agreement pages (1) identlfyingAhe contracting parties" 'EXEMPT (INFORMATION and (2) containing signatures,of contracting parties must tie attached ,.» .,. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: ' I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRI 1 E BELOW I HIS LINt ' Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: ' The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's ' name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all ' Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. ' Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent ' number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you ' believe to be the next in sequence as this may delay processing of your application. I SECTION 00700 GENERAL CONDITIONS U Bath Ina Phone 97041184707 2000 East PMSPQCt Rd, Fort Collins, Colorado 80525 Fax 970.46"70 Pricing Response Date. December 6, 2011 To: Ron Kechter Email: rkechter@fcgov.com Re: Fort Collins Discovery Museum New City Contract Scope: Incorporate original contract less draws, adds, deducts and Installation In 2112 in lieu of 2011. The breakout Is as follows: Reventment walls ......................... ...... ....$30,108.00 Soil Prep..............................................$10,248.00 Irrigation Temporary ................................$6,379.00 Irrigation Permanent...............................$20.829.00 Plantings ..................................... ......... $63,948.00 ' Beds ................................................... $24,411.00 Turf Seeding .................. ............................ $10,257.00 Turf Sodding .......................................... $2.605.00 2112 installation in lieu of 2011 Installation....$5,134.00 Total $173,819.00 Soil prep and reventment walls could be done at the same time or close to It If possible we could do the walls late winter and soil prep as soon as ground conditions allow. The beds include river rock, pole peelings, weed barrier and steel edging. The breakout above could be used as a schedule of values for the monthly draws. I ' GENERAL CONDITIONS OF THE ' CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and ' striking through text that has been deleted. 1 11 J EJCDC GENERAL, CONDITIONS 1910-3 (1990 EDITION) WITH CITY OF FORT COLLINS NIODIFICAT IONS (REV 9/99) 1 1 Article or Paragraph Number .9z Titic TABLE Or CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Ntumber&c'fitic DEFIMTIONS ...................- ---......................... I 1.1 Addenda......................................._....1 12 Agrccmcnt.............. 1 1.3 Application for Payment ,,,,,,,,,,,,,,,,,,,,,„t 1.4 Asbestos.......................:............_.....:.1 1.5 Bid.....................................................1 1.6 Bidding Documents ........ ...:............. .....1 1.7 Bidding Requirements, ..................... I 1.8 Bonds.... .............................................1 1.9 Change Order ......_.............................1 1.10 Contract Documents 1.11 Contract Price ,,,,,:,,.,.......... 1 1.12 Contract Tim es......_ ............ ......... ..... .1 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 1.15 Drawings ................ - - ............................. 1 1.16 Effective Date of the Agreement ............ 1 1.17 ENGINEER.........................................I 1.18 ENGINEER's Consultant. .....................1 1.19 Field Order..........................................1 1.20 General Requirements .........................; 121 Hazardous Waste.................................2 1.22.a Laws and Regulations, Laws or Regulations 9 1.22.b Legal Holidays ..................................... 1.23 Liens..................................................2 1.24 Westone...................................... ...._2 125 Notice of Award ................... .....-,,,,,,,,, 2 126 Notice to Proceed.................................2 1.27 OWNER ................:.......................:....? 128 Partial Utilization ............................... 1.29 PCBs .................................................? 1.30 Petroleum ........................................... -' 1.31 Project .............. ............................ ..... 2 1.32.a Radioactive Material ............................11 1.32b Regular Working Hours,,,,,,,,,,,,,,,,,,,,, 2 1.33 Resident Project Representative....... ,.....2 1.34 Samples..............................................2 1.35 Shop Drawings....._............................1 1.36 Specifications......................................2 1.37 Subcontractor ..................................... 1.38 Substantial Completion,.,,.,..,,,, 2- 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,, ,2 1.40 Supplier..............................................2 1.41 Underground Facilities .....................?-3 1.42 Unit Price Work,.,,.,,,. ......................... 3 1.43 Work........................................I.........3 1.44 Work Change Directive .......................3 1.45 Written Amendment ............................ Page Number PRELIMINARY NUTTERS ................................ 3 _.I Delivery or.Bonds .............................3 .,.? Copies of Documents ........................3 2.3 Corn m encem ent of Contract Timcs; Notice to Proceed ............... 3 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction: CONCRACTORs Responsibility to Report Preliminary Sche(rles; Delivery of Certificates of Insurance. ... ............ I ................... 34 2.8 Preconstruction Conference..............4 2.9 Initially Acceptable Scheduleg.... ..,.,.4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 4 3.1-3.2 Intent ........................_................ ...:I 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4--5 3:4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docuncnts,,,,,,,,,5 3.6 Supplim enti ng Contract Documents ................................... 5 3.7 Reuse of Documents .........................5 AVAILABILf fY OF LANDS; SUBSURFACE AND PHYSICAL. CONDITIONS REFERENCE POINTS.........................................5 4.1 availability of Lands ,,,,,,,,,,,,,,,,,,,,,5-6 4.2 Subsurface and Physical Conditions ............................. .......6 42.1 Reports and Drawings,,,_.................6 4.2.2 Limited Reliance byCONTRAC- TOR Authorized; Technical Data............................................ 6 3.2.3 Notice of Differing Subsurface or Physical Conditions.._..............6 4:2.4 F,NGrINEERs Review..............I........6 4,2.5 Possible Contract Documents Change. ................................. 6 4.2:6 Possible Price and Times Adjustments ........ ..... ..................6-7 4.3 Physical Conditions --Underground Facilities.. ..................... I.............. 7 43.1 Shown or Indicated ................ ..... _,,.7 4.3.2 Not Shown or Indicated... ............... -7 4.4 Reference Points... ...... --- .......... I... EJCDC GENERAL CONDi'r10Ns 19io-s o990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 Article or Paragraph Number y Title Page Article or Paragraph Number Number & Title, 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material7.8 5. BONDS AND INSURANCE ...... ........ :.................. 8 5.1-5.2 Performance. Payment tand Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance....................8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNER's Liability Insurance;,,,,,,,,; 9 5.6 Property Insurance .......................... 10 5.7 Boiler and Machinery or Addi- tional Property Insurance ,,,,,,,,,,,,,,,,,10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts 10 5.10 Other Special Insurance... .... I- ....,,,,10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... 10-I1 5.14 Acceptance of Bands and Insu- ance; Option to Replace ........... ......11 5.15 Partial Utilization --Property Insurance ........................................ 11 6. CONTRACTOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendencq....... 11 6.3-6.5 Labor, Materials and Equipment_.. 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal' Items; CONTRAACTORs Expense;, Substitute Construction Methods or Procedures; ENGINTEER's Evaluation;.,-----..-,12-13 6.8.6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ......................... 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,; 14 6.13 Permits_ ............. 14 - �-14 6.14 Laws and Regulations,...,,_,-_.. _,-- 6.15 Taxes... ...... ........ * ...... * . ...... 14-15 6.16 s*­­­ Use of Premises 15 6.17 Site Cleanliness ................................ 15 6.13 Safe Structural Loading.....................15 6.19 Record Documents I5 6,20 Safety and Protection 15-16 6.21 Safety Representative .......................... 16 6.22 Hazard Communication Programs,.--,. 16 6.23 Emergencies ................... 4.................. 1,6 6.24 Shop Drawings and Samples,,,,,,,,,,,,,,16 III Page Number 6.25 Submittal Pruceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 626 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 627 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals17 6.29 Continuing the Work,_„..................17 6.30 CONTRACTOR's General Warranty and Guarantee, .............. 17 6.31-6.33 Indemnification .......................... 17-I8 6.34 Survival of Obligations ...................18 7. OTTER WORK...................:..........................._18 7.1-7.3 Related Work at Site IS 7.4 Coordination_.._.._.._.................::IS S. OWNER'S RESPONSIBILITIES 18 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER ............ l8 8.3 Furnish Data andPay Promptly WhenDue .....:............................ 18 9.4 Lands and Easements; Reports and'rests...............................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 9.11 Evidence of Financel Arrangements..............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site, -........... ..................... 19 9.3 Project Representative ............... 19-21 9.4 Clarifications. and Interpre- tations.........................................21 9.5 Authorized Variations in \6rk....,..,21 LICDC GENERAL CONDITIONS 19io-s t1996 romoM a'/ CITY OF FORT COLONS MODIFICATIONS fREV 91991 Article or Paragraph Page Article or Paragraph Number 3: Title Number Number & Title 9.6 Rejecting Defective Work...................._1 9.7-9.9 Shop Draviings, Change Orders and Payments....................................21 9.10 Determinatims for Unit Prices 21-22 9,11-9.12 Decisions onDisputes; .ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEERS Authority and Responsibilities,,,, 22-23 CHANGESW THE WORK .......... .......... I..................23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents.....................................23 10.4 Change Orders ...___... ............._._....23 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE .............................23 ILA -I L3 Contract Price; Claim for Adjustment; Value of the Work., ........... ............. ........ 2324 11.4 Cost of the Work .......................... t4-25 11.5 Exclusions to Cost of the Work..........25 IL6 CONTRACTOR'sFee .... ................. ..25 11.7 Cost Records.................................25-26 I L8 Cash Allowances................._............26 11.9 Unit Price Work................................26 CI-Ir4NGE OF CONTRACT TINES ............................ ; 6 12.1 Claim for Adjustment ........................ 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control........... _......................... 26-27 12.4 Delays Beyond OWNF.R's and CONTRA( COR's Control................1.7 TESTS AND INSPECTIONS; CORRECTION, RE\-fOVAL OR ACCEPTANCE OF DEFECTIVE WORE..................................................17 13.1 Notice of Defects... ............................ 27 13.2 Access to the Work_....._._.................:7 13.3 Tests and Inspections; CONTRACTORS Cooperation,,,,,,,,, 27 13.4 OWNER's Responsibilities: Independent Testing Laboratory.,,,,, 27 13.5 CONTR,\CTOR's Responsibilities....... _......................27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing of Approval................27 13.8-13.9 Uncovering Work at ENGI Page Number NEER's Request .....................27.28 13.10 OWNER May Stop the Work ........... 28 13.11 Correction or Removal of Defective Work .......................... 28 13.12 Correction Period 23 13.13 Acceptance ofDeficrrve Work,.,.,.,.. 28 1114 OWNER May Correct Defective Work ..................................... 28-29 PAYMF,NrS TO CONTRACTOR AiW COMPLETION .................................................29 14.1 Schedule of Valuu29 14.2 Application for Progress Payment..................................... 29 14.3 CONIRACTOR'sWarranty of Title..........................................29 14-4-14.7 Review of Applications for Progress Payments,,,,,,,,,,, 29-30 I4.8-14.9 Substantial Completion ..................30 14.10 Martial Utilization ......... ........... 30-31 14.11 Final Inspection .............................31 14.12 Final Application for Paymenl........ 31 14.13-14.14 Final Payment and Acceptance.., .... 31 14.15 Waiver of Claims31-32 15. SUSPDtSION OF WORKAND 'rERMINA'r ION ............................ :................... 32 15.1 OWNER May Suspend Work,,,.,,.,., 32 15-2.13.4 OWNER May Terminate ...............32 15.5 CONTRACTOR May Slop Work or Terminate,,,,,,,,,,,,,,,,, 32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS ......................_.............. ..... 33 17.1 Giving Notice ................................ 33 17.2 Computation of Times....................33 17.3 Notice of Claim ......................... .....: 3 17.4 Cumulative Remedies.....................33 17.5 professional Fees and Court Costs Included ...a......................... 33 17.6 Applicable State Lws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 E.\IIBIT GC -A' (Optional) Dispute Resolution Agreement ..................... GC -AI 16.1-16.6 Arbitration................._,.,_,,,,.GC-AI 16.7 Mediation .................... ........... GC -AI EJCDC GENERA. CONDITIONS 1910-S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS tRF.V 9091 I 11 1 L 11 1 I INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance........................................5.14 defective Work............................10.4.1. 13.5; 13.13 final payment................._._...........:......9.1, 14.15 insurancc.........................................................504 other Work, by CONTRACTOR ......................... 7.3 Substitutes and "Or -Equal" Items ........................3.1 Work b.yOWNER ......... :..................... 2.5, 6.30, 6.34 Access to the -- Lands, OWNER andCONTRACTOR responsibilities.............................................4.1 site. related Work...............................................7.2 Work . ....... :.................................. 13.2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONCRACTOR,,,,,,,,,,,,, 6.9.1, 9.13.3 ENGINEER .................... ...................... 6.20, 9.13.3 OWNER....................................................6 20. 8.9 Addenda --definition of (also see .definition of Specifications),,,,,,,(1.6, 1.10, 6.19); 1.1 Additional Property Insurances ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................1.5,15, 4.1, 4.3.2, 4,5.2, ......................... ..... 45.3. 9.4, 9.5. 10.2-10.4, .........:........11. 12, 14.8. 15.1 progress schedule .............................................. 6.6 Agreement -- definition ot.......................................................! 2 "All -Risk" Insurance, policy form............................5.6.2 Allowances, Cash....................................................1 1.8 Amending Contract Documents ..................... I.......... 3.5 Amendment. Written -- in general...............1.10, 1A5,.3.5, 5,10, 5.12, 6.6.2 .......................... ti.8 2, 6.19, 10.1, 10.4, 11.2 ....................................12.1, 13.12.2, 14.7.2 Appeal, OWVNER or CONTRACTOR intent to ..........................9.10, 9.11: 10.4, 16.2. 16.5 Application for Payment-- detinition of......................................................1.3 ENGINFEWs Responsibility ............................... 9.9 final payment,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..........................28, 2.9, 5.6.4, 9.10, 15.5 progress payment ......................... ............. 14.1-14.7 reviewof ......................... .............I.......14.4-14.7 ... Arbitration.....................................................16.1.16.6 Asbastos-- claims pursuant thereto, .,,_„_,...._.......-.4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definitionof........................................................I.4 Article or Paragraph Number OWNER responsibility for ............................. passible price and times change .......... .......... 4.5.2 Authorized Variations in Work .......... 3.6, 6.25, 6.27. 9.5 Availability of Lands ................................ ....:.:... 4.1. 8.4 Award, Notice of--defined......................................1 ')5 Before Starting Construction .................... .......... ?.5-2.8 Bid -definition of.......................1.5 (L 1, 1.10, 2.3, 3.3, ........................ 5.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Do_ cuments--definition of ............................1.6 (6.8.2) Bidding Requirements -definition of .......................................... 1.7 (1.1. 4.2.6.2) Bonds-- acceptance of .................................................... 5.14 additional bonds..................................10.5. 11.4.5.9 Cost.otthe Work.............................I...............11.5.4 definition o(.......................................................1.8 delivery o(...................................................2.1, 5.1 final Application for Payment .................14.1244.14 general......................................1.10, 5,1-5.3, 5.13, ........................................9.13, 10A 14.7.6 Performance, Payment and Other ................... 5.1-5.2 Bonds and Insurance --in genera[., .................. 5 Builders risk "aft -risk" policy forat ............... ........_3.6.4 Cancellation Provisions, Insurance,.5.4.11, 5.8, 5.15 .Cash Allowances.................................................... 11.8 Certificate of Substantial Compietioq,,,,,,, 1.38, 630.2.3, .................................................14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance .............. 2.7, 5 3, 5.4.11. 5.4.13, ....................... 5.6.5; 5.8, 5.14, 9.13.4, 14.12 Change.in.Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment.............4.1. 4.2.6. 4.5. 5.15, 6.8.2, 9.4 ..................9.5.9.11. 10.2. 10.5, 112, 13.9. ...................... 13.13,13.14,14.7,15.1,15.5 CONTRACTORS fee.........................................11.6 Cost of the Work general .............................................. 1 1.4-11.7 Exclusions to,, ....................................... 11.5 Cost Records, ........................................... ........ 11-7 in general.............J.19, 1.44, 9.11, 10A.2, 10.4.3, 11 Lump Sum Pricitg..........................................11.3.2 Notification of Surety,,,,,,,,,,,,,,,,,,,,,,, ............. ,,,_10.5 Scope. of . ............................. .................... ..10.3-10.4 Testing and Inspection. Uncovering the Work .................................. 13.9 uJCDC GENERAL CONDITIONS 19104 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS IRFV 9199) Unit PriceWork..............._......_......._......_.I1.9 CONI'RACTOR's Fec.._.........................---....... I L6 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract'rimes- Claim for times adjustmcnt,....... 3.I, 4.2.6, 4.5, 5.15, ............ 6.3.2, 9.4. 9.5. 9.11, 10.1 10.5, 12.1. ............... 13.9. 13.13, 13.14, 14.7, 15.1. 15.5 Contractual time limits.....................................12.2 Delays beyond CON-TR\CTOR's control................................ _........... _........:12:3 Delays beyond OWNF.R's and CONTRACrOR's control :12.4 Notification of surety ..................... _.................. 10.5 Scope of change .................. ............ .......... 10.3-10.4 Change Orders -- Acceptance of0efective Work__..............___._..13.13 Amending Contract Documents ..........................3.5 Cash Allowances..............................................11.8 Change of Contract Price ................................ ..... I I Change of Contract Times...................................12 Changes in the Work ........................... .......... ...... 10 CONIRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records ......................................:............. 11.7 definition of.............................I.........................1.9 emergencies.................................................... 6.23 ENGNEERs responsibility....... 9.8. 10.4. 11.2. 12.1 execution of.......:.............................................JO.4 Indemnifiction ........................ 0.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................3-10, 5.13, 10.5 OWNER may terminate .............................. 15.2-15.4 OWNER'sResponsibility............................3.6, 10.4 Physical Conditions - Subsurface. and, .............................................4.2 Underground Facilities--............................J.3.2 Record Documents...........................................6.19 Scope of Change ....... ................................ 10.3-10.4 Substitutes .........................:................... 6.7.3. 6.3.2 Unit Price Work ............................................... 11.9 value of Work, covered by .................................. 11.3 Changes in the Work..................................................10 Notification of surety................'.........................10.5 OWNER's and C0111i 4CTORs responsibilities .................... _.......................10.4 Right to an adjustment ...................................... 10. 2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR ..................... ............... 6.16 against ENGNEER.........................................6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Contract Times......... 9.4, 12.1 CONTR\CTOR's............. 4, 7.1.9.4. 9.5. 9.11. 10.2. ...........................11.2, 11.9, 12.1, 13.9, 14,8, ............................................15.I. 15.5, 17.3 Article or Paragraph Num ber CON-TR\CTORs liability ........... 5A, 6.12 6.16, 6.31 Cost of the Work., ..................................... 11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution .Agreement ..................I6.1-16.6 _ ENGINEER as initial interpretot ....................... 9.11 Lump Sum Pricing.........................................11.3.2 Noticeof._..._..__........................................_..17.3 OWNER's................... 9.4, 9.5, 9.11, 10.2, I t.2, 11.9 ......... :........ ...... 12.1. 13.9. 13.13. 13.14, 17.3 OWNLR's liability .............................................. 5.5 OWNER may refuse to make payment ................ 14.7 Professional Fees and Court Costs Included ....................................................... l T5 request for formal decision op ............................ Q.I l Substitute Items.............................................6.7.1.2 Time Extension.................................................. 111 Time requirements....................................9.11, 12.1 Unit Price Work__ ............ ......................... .._ 11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14; 14.15 Work Change Directive......................................10 2 written notice required .....................9.11, 11.2, 12.1 Clarifications and Interpretations,,,,,,,,,,,, 3.6.3, 9.4, 9.11 Clean Site........._..._........._.................................6.17 Codes of Technical Society, Organization or Association..................................................313.3 Commencement of Contract Times .............._._-_._._ 2.3 Communications-- general..............................................6.? 6.9.2, 3.1 Hazard Communication Programs .....................6.22 Completion— Final Application for Paymtenl ..........................14.12 Final Inspection ................... _.........................14.1 I Final Payment and Acceptance... ............. J14.13-14.14 Partial Utilization., ........................................... 14.10 Substantial Completion ......................1.3R, 14.5-14.9 Waiver of Claims............................................14.13 Computation of Times ...................... .......... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.3-6:11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction.................................................. n Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ...........................2.5, 3.3.2 Construction, before starting by CONTPACTOR................. I .......................... .5-2.7 Construction Machinery; Equipment; etc..................6.4 Continuing the Work.................. ........... 6.29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds..............................................................5.1 EJCUC GEN[R.AV. CONDITIONS 1910.8 (1990 EDITION w/ QTY OF FORT COLLINS MODIFICA-11ONS (REV 9199) I I I 11 I 11 I F I I I I I I I Cash Allowances J 1.8 Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times.......... I .......... ............. 12 .Changes in the Work ....... I ......................... to,._I(o check and verify ................................................. 2.5 Clarifications and Interpretations .......................... 3.2, 3.6, 9.4. 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of .................. ,9. I I ENGINEER as OWNER's representative ............. 9.1 gcncral3 Insurance -5.3 Intent 3.1-3.4 minor variations in the Work, ..................... ....... 3.6 OWNFRs responsibility to furnish data., ....... ..... 8.3 OW'NER's responsibility to make prompt payment .......................... 83, 14:4, 14.13 precedence ..... ......... * .............. _ .............. .3.1. 3.3.3 Record Documents ....... I ...... ....... I., .......... 0.19 Reference to. Standards and Specifications of Technical Societies., .................................. 3.3 Related Work .....................................................72 ............. ............ * ......................... 7.2 Reporting and Resolving Discrepancies ......... 2,5.3.3 Reuse of ........ * ....... * ...... �1.7 Supplementing .... 3.6 Terminationo[Employment ENGINEER'S 8,02) Unit Nice Work ................................. ; ............. 11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............ ................. _ 9.2 Contract Price - adjustment of ................. 3.5. 4:1, 9.4. 10.3, 11.2-11.3 Changeof..........................................................11 Decision on Disputes ............................... ........ P. I I defirtition of 1.11 Contract"Times_ adjustment of ........................... 3.5, 4:1, 9.4, 10.3, 12 Change of ........................ 12.1-12.4 Commencement of 2.3 definition of .....................................................1.12 CONTRACTOR - Acceptance of Insurance .................................... 5.14 Communications 6.2. 6.9.2 Continue Work ........................................ 6,29, 10A coordination and scheduling ....... .................... 6..9.2 definition of . ...................... * ............................ 1.13 : Limited Reliance on Technical Data Authorized .............................15.5 .2.2 : May Stop Work or ie*n­n'inme ...... : ....................... provide site access to others,,._.,. 11 ..... 7.2, 13.2 Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2, 6.16, 6.18, ........... * ........................ *' 6.21-6.23, 7.2. 13.2 Shop Drawing and Sample Review Prior to Submittal ................................... 6.25 Stop Work requirements...,,_--..._....................4.5.2 CONTRAcrow,_ Article or Paragraph Number Compen.sation'....._....................................11.1.11.2 Continuing Obligation ...................... ........ .... 14.15 Defective Work,,,,,,,,,,,,,, 9.6, 13, 1 Ow 13.14 Duty to correct defective Work,,.,,. _... _.............. 13.11 Duty, to Report -- Changes in the Work caused by Emergency ............... ............................ 6.23 Defects in Work of Others ............................. :7.3 Differing conditions ........ ..................... 4.2.3 Discrepancy in Documents.,,,,,,, .. 2. 5. 3.3.2. 6. 14.2 Underground Facilities not indicated ........... 4.3.2 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 ... ................... 630 Hazard Communication Programs,,,,,,,,,,,,,,,,,, 6.22 Indemnification ................. ....... 6 12 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipmeril. .................... 6.3-6.5 Laws and Regulations, Compliance by,,.,,,..,,,, 6.14.1 Liability Insurance............................................5.4 Notice of Intent to Appeal .........................9.10. 10.4 obligation to perform and complete theWork ............................... ....................0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for Progress Schedule................ .......... 2.6. 2.8, 2.9, 6.6. .......... w ............ .... 29, 10A, 15.2.1 Request.for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work.,,,,,_ ... .................. 10.1 Concerning Subcontractors, Suppliers and Others 6.". 11 Continuing the .... 6.29, 16.4 CONTRACTOR9 cxpense, .......................... 0.7.1 COINTF�'%CTORs General 'Warranty and Guarantee 6.30 CONTP-ACTOR's review prior to Shop Drawing or Sample submittal ................6.25 Coordination of Work .......... ........ ..... 6.9.2 Emergencies ........................... ............ i EINGINEER!s evaluation, Substitutes or "Or -Equal" .................. 6.7.3 For Acts and Omissions of Others ........ .................... 6.9-1-6.9.2, 9.13 for deductible amounts, insurance .................... 5.9 general ........................................6, 7. '1, 7.3, 8.9 Hazardous Communication Programs,_..,...., 6.22 Indemnification 6,31-6.33 L'ICDC GENERAL CONDITIONS 1910-8 (1990 EDMOM w/ CITY OF FORT COLLINS %toriinCATIONS itT.V9199) I I Labor, Materials and Equipment..............6.3-6.5 Laws and Regulations._......................._......6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ...........................................6. 27 Patent Fees and.Royalties............................6..12 Permits ...................................................... 6.13 Progress Schedule.........................................6.6 Record Documents,-„ .................................. 6.19 related Work performed prior to ENGINEER's approval of required subm ittals.............................................628 safe structural loading ......... .....I ... I..._.........6.18 Safety and Protection..__..............6.20, T2, 13.2 Safety Representative..................................6.21 Scheduling the Work ................. ... ........... ...6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,, 6.24- Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness .................................... ...... 6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ........................................... 6-2 Supervision...................................................6.1 Survival of Obligations................................6.34 Taxes.......................................................... �.15 Tests and Inspections .... ......... .--- .._.---- ..--- . 135 ToReport...........................I.......................... 25 Use of Premises 6.16-6.1S, 6.30.2.4 Review Prior to Shop Drnwing-or Sample Submittal ........................................ 6 25 Right to adjustment for changes in the Work ..... 10.2 right to claim............ 4, 7.1, 9.4, 9.3, 9.11, 10.2,11.2, 11.9. 12.1, 13.9. 14.8. 15.1, 15.5. 17.3 Sufety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittal5,.... 6.24-62S Special Consultants.-_ ..........................._....._ 11.4.4 Substitute Construction Methods and Procedures,6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-6.11 Supervision and Superintendence .......... 6.1, 6.2, 6.21 Tares. Payment by .............. .........I.................6.15 Use of Premises._ ..................................... 6.16-6.18 Warranties and guarantees, ............ 6.30 Warranty of Tide .......... .... ............. ........ ... ...14.3 Written Notice Required-- CONTRACTOR stop Work or term inate..... ,,.15.5 Reports of Differing Subsurface and Physical Conditions......,...*....,..... 4.2.3 Substantial Completion., .......... 1.1-1- ............ 14.3 viii CONTRACTORS —other ......................... _................... 7 Contractual Liability Insurance... ............ ........ ....4.10 Contractual Time Limits., .................................... I ... 12.2 Article or Paragraph Number Coordination— CON-rR-AcToR's responsibility ......... ........:.... ..6.9.2 Copies of Documents ............................................_. ? 2 Correction Period .......................... ... .....................13.12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1. 13.10-13.14 Acceptance ofDefective Work ..................... .....13.13 Correction or Removal of Defective Work.............................._,6:30, 13.11 Correction Period............................................I3.12 OWNERMay Correct Defective Work.............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests andfnspections.................. .....:............. 13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRAurms Fee .............. I ................. ,_..... 11.6 Employee Expenses......................................11.4..i.1 Exclusions. to.....................................................11. 5 Generall 1.4-1 L5 Home office and overhead expenses ,,,,,,,,,,,,,,,,,,„1 1.5 Losses and damages.....................................11.4.3.6 Materials and equipment__ ....................___. 11.4.2 Minor expenses ..................................... :...... 11.4.5.S Payroll costs on changes.................................11.4.1 performed by Subcontractors.,,„......................11-4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR'S ............. 11.4.3 Supplemental.................................................11.4.5 Taxes related to the Work ............. I ................ 11.4.5.4 Tests and Inspection ..............................._......... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities,,., .......... I1.4 5.7 Work after regular hours.................................11.4.1 Covering Work ............................................... 13.6-13.7 Cumulative Remedies ............ ......................... 17:a-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNER. ............................. y.3 Day --definition of................................................17.22 Decisions on Disputes. ................................... 9.11, 9.12 defective --definition o1....................... ......................... _..,1.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-S (1990 EDITION) %v/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 1] J 1 1 11 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 J 1 Correction or Removal of10:4.1, 13.11 Correction Period.,.,,,,,_.............:....:...............13.12 in general.........................................13. 14.7; 14.11 Article or Paragraph Number Observation by ENGINE.EK ....... I ....................... 9.2 OWNER May Stop Work ... .............................. 13.10 Prompt Notice of Defects., ................................. 13.1 Rejecting................................................... .;...... 9.6 Uncovering the Work.......................................13.8 Definitions................................................................ I Delays......................................4.1, 6.29, 123.12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance .......................... 2.7 Determinations for Unit Prices .., 9.10 Differing Subsurface or Physical Conditions Noticeof ...................... ............ I ....................... .23 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change .............. 3.2.5 Possible Price and Times. Adjustment*..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2. 6.14.2 Dispute Resolution -- Agreement .......... ............. ............ ............. 16.1-16.6 Arbitration ..................... ............................ .16.1-16.5 general16 Mediation ................................................... ......16.6 Dispute Resolution Agreement......,,.,...............16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, ................... Documents -- Copiesof .......... ............................................._...2 Record 6.19 Reuse of. 33 Drawings --definition of... ........... I ................. I ....... 11.11.15 Easements.............................................................4.1 Effective date of Agreement -- definition of..............1.16 Emergencies.......................................................... 6.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, ............. definition of 1.17 Limitations an authority and responsibilities..... 9,13 Replacement oC............ .......... ............... ..._ .... .--- .2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition o.0 .................... 1.18 ENGINEER's-- authority and responsibility, limitations on.,,,,.,, 9.13 Authorized Variations in the Work.....................95 Change Orders, responsibility for.. ... 1.9.7. 10, 11, 12 Clarifications and Interpretations........_.....3.6.3; 9.4 Decisions on Disputes,,,,,,,,, 9.11-9.12 defective Work, notice of, 111 Evaluation of Substitute Items ............................ - 6.7.3 Liability ..................... ............. I ...... I ......... 6.32, 9.12 Notice Work is Acceptable.........................::...14.13 Observations, ................................. ........ 6X2' 9.2 OWNER's Representative, **..... ...... ..... ....__._.-9.1 Payments to the CONTRACTOR, Responsibility for ....... ..... I........................9.9, 14 Recommendation of Payment .................... 14.4. 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions,... ... ..................... a 2.4 Shop Drawings and Samples, review responsibility .....................................:........ 6:26 Status During Construction -- authorized variations in the Work 9.5 Clarifications and Interpretation$ ............... . 9.4 Decisions on. Disputes,,,,,,,,,,, 9 11-9.12 Determinations on Unit Price .......... . .........9..10 ENGINEER as Initial. Interpreter,,,,,,.,. .......... ENGINEER's Responsibilitic .................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities.............................9.13 OW'NER's Representative..............................9.1 Project Representative .................... .......... ,... 9.3 Rejecting Defective Work.............................9.6 Shop Drawings, Change Orders and Payments ............. ............... ........ 9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations .................................. -2I0 Visits to Site,,,... ........................... ...................... 9.2 Written consent required ............................... 2,.9.1 Equipment, Labor, Materials and ...................... §.3.6.5 Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,, 11.4.5.3 Equivalent Materials and Equipment .................I......6.7 error or missions .............. 633 Evidence of Financial Arrangement$ ..................... 8.I I Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's—Costs Plus ...........................11.6 Field Order — definition of .....................................................1.19 issued by ENGINEER. ............................... 3.6.1, 9.5 Final Application for Pa}mtent...............................14.12 Final Inspection,,,,,,,,,,,,,,,,,,,,, 14.11 Final Payment — and Acceptance. ..................................... 14.13-14.I4 Prior to, for cash ailovances..............................11.8 General Provisions .....................................:.... 17.3-17.4 General Requirements — definition of .....................................................1.2t7 principal references tp.............. j.6, 6.4. 6.6.6:7,.6.24 Giving Notice..._....................................................17.1 Guarantee of Work --by CONTRACTOR,,,,,,,, 6.30, 14.12 .Hazard Communication Programs ..........................6.22 Hazardous Waste -- definition of.....................................................1.21 general ._......_................................................... 4.5 OtWi ER's responsibility for...............................8.10 EJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (RF-V 9/99) Indemnification .............................. 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 byENGINELR .........................9.6 Tests and Approval.............................$3. 13.3-13.4 Insurance -- Acceptance of, by OWNER .... ...:........... ............-5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting lhz Work,..„ ............................... 2.7 Bonds and --in general ....................................... J Cancellation Provisions......................................5.8 Certificates of .................. 2:7, 5, 5.3, 5.4.11, 5.4.13,.. ........................j.6.5, 5.3, 3.14, 9.13.4, 14.12 completed operations .................. *.... ,,,,....... ,..5.4.13 CONTRACTOR's Liability........................4.........5.4 CONTRACTOR's objection to coverage............. 5.14 Contractual Liability .............. .......................5.4.10 deductible amounts. CONTRACTOR's responsibility ........................... ....... 4........ I .... ?.9 Final Application for Payment .........................14,12 Licensed Insurers ? 3 Notice requirements, material changes........ 5.8, 10.5 Option to Replace ............................................. 5.14 other special insurances ............................. 4...... 5-10 OWNER as fiduciary for insureds ... 4........... ?.12-5.13 OWNER's Liability..............................................5 OWNERS Responsibility .................... .... ......... .._8.5 Partial Utilization, Property Insurance,,,,,,,,,,,,,,,.5.15 Property..................................................... J.o-�. 10 Receipt and Application of Insurance Proccc ds...........................4...................12.5.13 Special Insurance............................................. 5.10 Waiver of Rights .............................................. a. 11 Intent of Contract Documents,...... 4.4........... .........3.1-3.4 Interpretations and Clarifications ..4............... .6.3, 9.4 Tnvcstigatiuns of physical conditions..................:.......A-2 Labor, Materials and Equipment.. ..........................3-6.5 Lands -- and Easements...................................................$.4 Availability of ............ ................................. ;.1, 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds........................................................2.1-5.2 Changes in the Work........................................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities ...................4.6.14 Correction Period, defective Work ................... j3.12 Cost of the Work, ta%es...............................11.4,5.d definition of .............. .... ..........................1-N gencra16.14 Indemnification ..... ................................... 6.31-6.33 Insurance ......................._............_................... 53 Precedence ......... ............ ......................... .1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection... ............................. 6.20_13.2 Subcontractors. Suppliers and Others ........... 6.8-6:1 t Article or Paragraph Number Tests and Inspections, ..... ............................ 13.5 Use of Premises .......................: ............... .......... 6.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTORs............................................... 5.4 OWNERs...........................................................5.5 Licensed Sureties andInsurers................................. 5-3 Liens -- Application for Progress Payment...,,__-_.............14.2 CONI'RACrOR's Warranty of Title .................... 14.3 Final Application for Payment ..........................t4.12 definition of ........................................................ 1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities ................................................. 9.13 Limited Reliance by CONTRACTOR Authorized......................................................A.7 2 Maintenance and Operating Manuals -- Final Application for Payment .........................ld.l2 Manuals (of others) -- Precedence ....................................................3.33.1 Reference to in Contract DocumcnL5.................3.3.1 Materials and equipment -- furnished by CONTR.ACTOR .............................. 6.3 not incorporated in Work-, .......... ..................... 14.2 Materials or equipment --equivalent... I......................6.7 Mediation(Optional)..............................................16.7 Milestones --definition of.......................................124 Nfiscel laneous-- Computation ofrimes......... ............... ................ 172 Cumulative Remedies ........................................ 17.4 Giving Notice .................................................... 17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts.._._ ........................................... Not Shown orIndicated.........................................a.3 Notice of -- Acceptability of Project.....................................14.13 Award, definition of.........................................1.25 Claim.............................. .............................. 1,7.3 Defects,13.1 Dit%ring Subsurface or Physical Condition.%,,,,,, 4.2.3 Giving.......................... ........ ....................... ...1,7.1 Tests and Inspections,.;,..............................13.3 Variation, Shop Drawing and Samply................4.27 Notice to Proceed— definition of.....................................................1.26 givingof............................................................2.3 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS (REV 9199) SECTION 00500 AGREEMENTFORMS 00510 Notice of Award ' 00520 Agreement 00530 Notice to Proceed k I F 1 I 1� 0 1 Notification to Surety..............................................I0.5 Observations, by ENG(NEER ................ ...........6.30, 9.2 Occupancy of the Work..................5.15. 6.30.2.4. 14.10 Otn issions or acts by CONTRACTOR...............6.Q 9.13 • Open Peril policy form, Insurance ..........................�.6.2 Option to Replace....................................................14 Article or Paragraph NumbLi "Or Equal" Items... ................................... ............... 6.7 Other work 7 Overtime Work --Prohibition of, .................. .............. 6.3 OWNER -- acceptance ofdejective Work ...........................1113 appoint an ENGINEER ...................................... 8.2 as fiduciary .............................................J.12-5,13 Availabilitypf Lancb, responsibility .................... 4.1 definition of .-------- ..---- ...................... ................ 1.27 data, furnish......................................................$:3 May Correct Defective Work...........................13.14 May refuse to make payment........... I.................14.7 May Stop the Work........................................13.10 May Suspend Weak. Terntinate ................ ........... 3.8. 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14,13 performance of other work .................................. 1.1 permits and Iicenses, requirements ....... _........ 6.13 purchased insurance requirements„.............5.6-5.10 OWNERS -- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute.,,,,,,,,, 8.6, 10.4 Communications ............................................... & I Coordination of the Work 7.4 Disputes, request for decisio.n............................9.11 .Inspections, tests and approvalss„................� 7, 13A Liability Insurance..............................................5.5 Notice of Defects..............................................)3.1 Representative --During Construction, FNGINEER's Status ...................................... 9.1 Responsibilities -- Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Material 8.10 Change Orders.............................................9.6 Changes in the Work ....._............................ 10.1 communication's .............:.............................. 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ............. 8.11 inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,, 9.7 insurance .........................:...........................: 8.> lands and easements......................................8.4 prompt payment by........................................8.3 replacement of ENCiIV'EER ......................... .... 8.2 reports and tests ......................... ........... .... ....8.4 stop or suspend Work ................. 3.8, terminate CONTRACTOR's services ...................... _................. 8. g. 15.2 separate representative at site, ......... ............ Q.3 testing, independent.........................................114 use or occupancy, of the Wort ..........................j.15. 6.30.2.4. 14.10 written consent or approval required.........................................9.1, 6.3. 11.4 EJCDC GENERAL CONDITIONS 1910.3 (1990 EDITION) IV/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) I Article or Paragraph Number written notice required ........... ........... .7.1, 9.4, 9.11, ....................................112. 11.9. 14.7. 15.4 PCBs -- definition of ............................................._..1?9 .... general..............................................................4.5 OWNER's responsibility for...............................$.10 Partial Utilization -- definition of......................................................1.28 general 6-30.2.4. 14.10 Property Insurance ......................................... ..5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds ..................................... .. ... .........5.1-5.2 Payments, Recommendation o(........ ..... 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ......................142 CONTRACCOR's Warranty of Title ,__..,,..,,__„_.,14.3 Final Application for Payment.........................14.12 Fins I Inspection .............................................. 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 �,, enera l........................................................ 8.3. 14 Natal Utilization__.._....................._...I......_.14,10 Retai nage..........................................................14.2 Review of Applications for Progress Payments...............................14A-14.7 prompt payment..................................................8.3 Schedule of Values ............................................ 14.1 Substantial Completion..............................14.8-14.9 Waiver of Claims............................................14.15 when payments due ................................ 14A, 14.13 withholding paymcnt.................................. ... .14.7 Performance Bonds ............................... ......... ... 5.1-5.2 Permits............................................................6.13 Petroleum— definition ot:..................................................... 1.30 general............................................................... 4.5 OWNER's responsibility for................................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 F.NGTNEF.R's review.........................................4.2.4 existing structures............................................4.2.2 general4. 2 12 ....... _...............................: ................. Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Change ............... } 2.5 Possible Price and Times Adjustments,,,,,,,,,,,,,, 42.6 Reports and Drawings., ................. * ...... * ............ 4.2.1 Subsurface and,.-, ...........................I.........I.......4.2 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTR.ACTOR Authorized ....................... 4.2.2 Underground Facilities7- general........................................................ 4.3 Not Shown or Indicaed..............................4.3.2 Protection of ........................................ 1.3, 6.20 Article or Paragraph Number Shown or Indicated ............................:................ .... .3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference ...........................:............ 2.8 Preliminary Matters ........... ........ .................................. Prelim inary Schedules .............................................. .6 2.13 Premises, Use of ..................................:.......... 6.16-6 Price, Change of Contract...........................................1 I Price, Contract --definition of .................................. 111 Progress Payment; Applications for., .......................14.2 Progress Payment--retainage................................... 14.2 Progress schedule, C0NTRACT0R's.,_,....... .6, 2.8, 2.9. :........................ 6.6. 6.29, 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative-- ENGN-EER's Status During Construction ............ 9.3 Project Representative, Resident --definition of. .... ....L33 prompt payment by OWi IF.R.....................................8.3 Property Insurance-- Additional.........................................................5.7 genera15.6-5.10 Partial Utilization ,:........_......._._.__._5.15. 14.10.2 receipt and application of proceeds ............. 5,12-5.13 Protection, Safety and..............................620.6.21, 132 Hunchlist..........................................................14.11 Radioactive Materlal-- defintion of....................................:................1.32 genera14.5 OWNFR's responsibility for : .............................. $.10 Recommendation of Payment,,,,,,,,,,,,,,,, 14.4, 14.5, 14.13 Record Documents., ........................... ........ 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points........................................................ 4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Dz(utive Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review............... ,C,.28 Remedies: cumulative......................................17.4. 17.5 Removal or Correction ofDajf ctive Work.,.__..._, _,.,. 13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by 0WNER....................3.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- andDrawings.................................................4.2.1 and Tests. OWNER's responsibility.... ................. 3.4 Resident and Project Representative -- definition of....................................................1.33. provision for.............................................................9.3 sii EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (ArV1199) U I I 11 1 I I C C 1 Article or Paragraph Number Resident Superintendent, CONTRACPOR's................ 2 Responsibilities— CONTRACTORs-in general ................................. 6 ENGINEERS -in general........................................9 Lim itmions on.............................................9.13 O%VNERs-in general .................... I ............... :.........:8 Retainage.................................................. ......... 14.2 Reuse of Documents ................. ............................... .3.7 . Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal......_ ................6.25 Review of Applications for Progress Payments ............ ....... .................. 14.4-14.7 Right to an adjustment..................._:,__.,._..._......,.10.2 Rights of Way_ ............................ ............. .......... 4.1 Royalties, Patent Fees and ,,,,:,,,,,,,,,,,,,,,,,,6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.32, 6.16, 6.18. ... . ... ........... .............. ..: 6.20-6.21. 7.2. 13.2 general .................................................... G.20-6.23 Representative; CONTRACTOR's.... 6..................6.21 Samples -- definition of......................................................1.34 general.............................4...................... ;.0.24-6.28 Review by CONTRACTOR ................................ 625 Review by ENGINEER........................6.....G.26, 6.27 related Work.....................................................6.28 submittal of..................................................... 6.24.2 submittal procedures.........................................6.25 Schedule of progress........................6....2.6, 2.8-2.9, 6.6, .........................................6.29. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals2.6, 2.8.29, 6:24-6.28 Schedule of Values.,., ................ :.2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................4.6 Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,10.4 Initially Acceptable ....................... _ ....... ....... .8. 2.9 Preliminary-., .............................. ...................... 2.6 Scope of Changes .. ..... ............................ .... 10.3-10.4 Subsurface Conditions ........:..........:.......:............4.2.1.1 Shop Drawings: - and Samples, general ................................ ....... Change Orders,& Applications for Payments, and ............................. ...........9.7-9.9 definition of .... .................. ................................1.35 ENGI IEF.R's approval of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3.6.2 ENGF EER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work......................................_.._.........4.28 review procedures .............................. 2.8,-6.24-6.28 Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions...............................6.7.3 Shown or Indicated ............... .................... ........... 93. I Site Access................................:..................... 7.2. 13.2 Site Cleanliness.....................:................................�.17 Site, Visits to — by ENGINEER ...........................................9.2, 13.2 byothers, ............................... ...................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..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies,,,,,,,,,,,,,,,,_.........,,.,.,..,,.... 33 Starting Construction, Before ........... ................... 2.5-2.S Starting the Work .................................................... 2.4 Stop or Suspend Work -- by CONTRACTOR ......................................... .15.5 by OWNER.....................................3.8, 13,10, 15.1 Storage -of materials and equipment ....................4.1, 7.2 Structural Loading, Safety ........................ I ......... ,,.... 6.18 Subcontractor — Concerning ........................... ................. ....6.8-6.11 definition of...................................................... 1.37 delays ... 12.3 waiver of rights................................................6.I I Subcontractors --in general,,,,,,,,,,,,,,,,, ................ 6.8-6.11 Subcontracts --required provisions ......... 5.11. 6.11. 1.1.4.3 Subm ittals-- Applications for Payment.................................14.2 Maintenance and Operation Manuals..,,,,.,.,,_„14.12 Procedures...................................................... 6.25 Progress Schedules...:.............................I....2.6. 2.9 Samples...................................................6.24-6.28 Schedule of Values....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................................... .2.6, 2.8-2.9 Shop Drawings, ................... 4........ ............ 6.^_#-6.28 Substantial Completion -- certification o(..........................6.30.2.3, 14.8.14.9 definition of.... ............................. ................. ....1.38 Substitute Construction Methods or Procedures,.,,,,. 6.7.2 Substitutes and "Or Equal" Items ......... ..._................. 6.7 CONTRaCTOR's Expense.,........ .................. §.7.1.3 ENGiNEER's Evaluation 6.73 "Or -Equal .................................................... 6.7.1.1 Substitute Construction Methods GCDC GENERAL CONDMONS 1910.311990 E• DI'DOh1 w/ QTY OF FORT COLIANS NIODIFiCATIONS I)REV 9/99I Article or Paragraph Number or Procedures ........................................:..... 6.7.2 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of. in or rcla6g to ....................... 4.2.1.2 ENGINE, ER's Review ......................... I............ 4.2.4 general. ............................................................. 2 Limited Reliance by CONTRACTOR Authorized................................................4.2. 2 Notice of Differing Subsurface or Physical Conditions ......................... ........ Physical Conditions ....................................... 4.2.1:2 Possible Contract Documents Change,,,,,,,,,,,,,,,, 4.2.5 Possible Price andTimes Adjustments ...... ,........ 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and ................................................... 2 Subsurface Conditions at the Site ................... 42.11 Technical Data ........................ ............4.'_'2 Supervision— CONf RACTOR's responsibility ..................... OWNER shall not supervisc...*.............................8.9 ENGMI ER shall not superv�isq................ 9,2,9.13.2 Superintendence..................................................... _. 62 Superintendent, CONTRACTOR's resident.................6.2 Supplemental costs...............................................11.4.5 Supplementary Conditions -- definition af.....................................................J.39 principal references to................1.10, 1.18, 2.2, 17, ......................3.2, 4.3. 5.1, 53, 5.4, 5.6-=-9, ............... j.l 1, 6.S, 6.13. 7.4. S. t 1, 9.3, 9.10 Supplementing Contract Documents ..... 4........... 4........ 3.6 Supplier -- definition of ..... ................................................ 1,40 principal references to ........... 3.7, 6.5, ti.S-G.I1, 620, ..........._.............................6.24, 9.13, 14.12 Waiver of Rights...............................................0.11 Surety — consent to final payment ........................ 14-12, 14.14 ENGINEER has no duty to................................9.13 Notification of........................10.1. 10.5. 15.2 qualification of-.,.--_..--_...-_ ........................... I-5.3 Survival of Obligations...........................................6.3a Suspend Work OWNER -May ,,,,,.,.... 4............ 13.10, I5.1 Suspension of Work and Termination .......................15 CONTRACTOR N(.ny Stop Work or Terminate....... _.................. _.... .. OWNER Nlay Suspend Work ......................._ _._I5.1 OWNER Nfav Terminate ............................ 15.2.15.4 Taxes --Payment by CONTRACTOR .... I ........ 4........ .. 6-li Technical Data-- Lhuited Reliance by CONTRACTOR ................r4.2-2 Possible Price and Times Adjustments..............r4•2.6 Reports of Differing Subsurface and Physical Conditions.,,...,...„.................I......4.2.3 xiv Temporary construction facilities ............................... 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 byOWNE2........................................3.8, 15.1-15.4 of ENGINEER's employment .............................. 8.2 Suspension of Work-in general ............................. 15 Terms and Adjectives., .............................................. 3.4 Tests and Inspections— Accessto 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)........................... I.... 13.5 Notice of Defects. _.........................................13.1 OWNER May Stop Work.................................13.10 OIWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required.,......: ......... ....... 13.4 Uncovering the Work, at ENGMER's request.,- Times -- Adjusting...........................................................6.6 Change of Contract.............................................12 Computation of ................................................17 2 Contract Times --definition of ...........................1.12 day ............................................. ... .. .......1� 2.2 'Milestones.......................................................... r Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes„...............9.11. 11.2. 12 Commencement of Contract Times... .............. 2.3 Preconstruction Conference ............................1.8 schedules.:..............................I........1.6, ? 9, 6.6 Starting the Work.........................................2.4 Title, Warranty of, .................................................. 14.3 Uncovering Work .............................. ............... 13.8-13.9 Underground Facilities, Physical Conditions — definition of .................................................... 1.41 Not Shown or Indicated ............................ _ .. _.4.3:2 protection of, ............................__...........4.3,.6.20 Shown orIndicated., ........................................ 4.3.1 Unit Price Work — claims............... ....... ........................... ........ 11-9.3 definition of....................................................1.42 general11,9, 14.1, 14.5 Unit Prices— generall1.3.1 Determination far..,...„ ............................................. 9.10 Use of Premises.........................6.16. 6.18, 6.30.2.4 Utility owners.............................G.13.6.20, 7.1-7.3, 13.2 Utilization, Partial...................128, 5.15, 630:2.4. 14.10 Value of the Work: 11.3 Values, Schedule of..............................1.6. 2.8-2.9. 14.1 ExDc GENERAL CoNwrIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 1 1 I t I J 1 I I L' I I FL I 7 L1 ' Variations in Work --Minor Authorized ......................................... 6 25; 6.27, 9.5 Article or Paragraph ' Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment,_...................14.15 Waiver of Rights by insured particF.............. ....$.1 I, 0.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTORS .........................14.3 Work -- ' Accessto, ........................................... ............. 13.2 byothers ............................................................... 7 Changes. in the .............. ........... ..................... :.... ..lo Continuing the,,,,,,,,,,,,,, _629 CONTRACTOR May Stop Work or Terminate ....................... ................. ...... 15.5 Coordination of .................................................. 7.4 Cost of the.................................................11.4-11.5 definition of.,...._ .............................................. 1.43 neglected by CCJNCRgC'COR.............................13.14 otherWork... ................... ..................................... 7 OWNER May Stop Work ................ .................13.10 OWNER May Suspcnd Work...................13.10, 15.1 ' Related, Work at Site,,,,,,,,,,,,,,...................... 7.1-7.3 Starting the ..................... ......... ......................... 2.a Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of 1.44 ........................................................ principal references to ..................... 3.5.3. 10.1-10.2 ' Written Amendment -- definition of......................................................1.45. principal references to..............1.10, IS, 5.10,15.12, .6.6.2. 6.8.2, 6.19, 10.1, 10.4, 1i.2, 12.1, 13,12.2, 14.7.2 Written Clarifications end Interpretations...................................3.6.3. 9.4. 9.11 Written Notice Required -- by CONTRACTOR .......................... 7.1, 9.10-21 1, ' lo.4, 11.2, 12.1 by OWNER................... 9.10-9.11, 10.4, HA 13.14 I I .w UCDC GENERAL CONDITIONS 1910-3 090 EDI 110NT W/ CITY OF FORT COLLINSMODIFICATIONS (REV 9199) I (This pa5e left blank intentionally) mi EICDC GENERAL CO.MATIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINNS MODIFICATIONS (REV 9199) 0 I I t I I 11 I I I I LII I 1 I �J I I I I I I GENERAL CONDMONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents. the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. ;4&knda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Document& 1Z Agreement-The,written contract between OWNER and CONTRACTOR covering the Work to be performed,, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application.fir Payment —The 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 —Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth die prices for the Work to be performed. 1.6. Bidding Docranenis—The advertisement or invitation to Bid irutructiors to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to ©id, instructions to bidders, and the Bid form. I.S. Boinds—Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by LNGI,NEER, which is sided by CONTRACTOR and OWNER and authorizes an'additiort deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1,10. Contract Documents —The ,\6rcement, Addenda (which pertain to the Contract Documents), CONfR-ACTOR's Bid (including documentation accompanying the Bid.and any post Bid documentation submitted poor to the Notice of Award) when attached as an exhibit to the agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the. Drawings as the EtcocrENixat.COMMONS 1910-8(t"OE&MI) tat CrrY of FORT CotLlrs:vtootncxrions (RLV-1rz004i saute are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to pxraynaphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and.6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 arc not Contract Documents. 1.I1. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 1.1.9.1 in the case of Unit Price Work). 1.12. Contract Times —'The numbers of days or the. dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENIGINEER's written recommendation of final payment in accordance with paAgmph 14.13. 1.13. COMRACTOR—The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. &fective-An adjective which when modifying the wad Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has.been damaged prior to ENG114MR's.reoommendation of final payment (unless, responsibility for the protection thereof has been assumed by OWNER at Sutstantial Completion in accordance with pamgmph 14.8 or 14.10). 1.15. Draivings—The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINMER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. E.(fective Date of the Agreement —The date indicated in the Agreement on whichit becomes effective, but if no such date is indicated it meats the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEFR—The person, firm or corporation named as such in the Agreement. 1.13. ENGI<VEER's Consaltmtt--A person, firm or corporation. having a contract with ENGINEER to'furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the. Work in accordance with paragraph 9.3 but which does not involve a change in the Contract Price or the Contract Times. I 10. General Requirements -Sections of Division 1 of the Specifications. 1.21. hazardous Haste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section.6903) as.amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Arty and III applicable laws, rules. regulations, ordinances, codes and orders of any and all governmental bodies, agencim authorities and courts having Jurisdiction l 22.b. Legal Holidnw--shall be those holidays observed by the Cim, of Fort Collins- 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1,24. Milestare--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of.4ward-A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to. Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) CLving the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OMT} ER -The pubhe body or authority, corporation association firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.25. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs -Polychlorinated biphenyls. 1.30. Petrolemn--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil. oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Rathoactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy.Act of EJCDC GENERAL CONDITIONS 19108 (1990 E66w) W CITY OF FORT COLLP S MODIFICA'nONS (RLV -1RON) 1954 (42 USC Section 201 t et seq.) as amended from time to time. 1.32.b. Regular Working Hours -Regular workirut hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Reptesentative-The authorized representative of ENGINEER who may be assigned to the site or any part thereof. L34. Samples -Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35, Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate :some portion of the Work. 1.36. Specicatiotts-'Chose portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor -.-An individual, Finn or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where. in the opinion of ENGINEER as evidenced by ENGINEER's derutitive certificate of Substantial Completion it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for 'fuel payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or port of the Work refer to Substantial Completion thereof 1.39. Supplementary, Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials,or equipment lobe incorporated in the Work by CONTRACTOR or any Subcontractor. I AL Underground Facilities -all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, turmcls or other such facilities or attachments, and any cncasertents containing such facilities which have been installed underground to furnish any of the following services or I [] 1 I I I I I I 0 I I I 11 1 1 1 1 I 1 materials: electricity• gases, steam, liquid petroleum products, telephone or other communicaliorts, cable television• sewage and drainage removal, traffic or other control systems or water. 1.42. Unit price Work -Work to be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract. Documents. Work includes and is the result of performing or furnishing labor and Furnishing And 'moorrppoorating materials and equipment into. the construction, and performmg or funiishuag services and furnishing documents all as required by the Contract Documents 1.44. iVoA- Cluvige Directive -A written dircctivc to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition deletion or revision in the Work, or responding to differing or unforeseen physical conditions under -which the Work is to be performed as provided in pamgmph4.2 or 4.3 or to cmagencies under petragraph6.23. A Work Change Directive will not change the Contract Price or the Contract 'rime-, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, it' any, on the Contract Price. or Contract Times as provided in paragraph 10.2. 1.45. Written Amendmen••A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELLIIINARY MATTERS Delivery ofBont6: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDoeunienti 2.2. OWNER shall furnish to CONTRACTOR. up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Timer Notice to Proceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, ElCI)c GENERAL CONUMON5191" 115% Etfitial) cot CITY OF FORT COUI NS MODIFICATIONS (REV 4P006) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement • .Titnes ceatatORW tB,- meF than thd Sildieth o�Bidopeningor-tho-thi ninth-day-afteFthe-E#TintiveDete uEthtAgreemrnkwhieheverdetresearliar: Starting the Mork: 2.4. CONTRACTOR shall start to perform the Work on the date when the 'Contact Times commence to run but no Work ,sf ill be done at the site prior to the date on which the Contract Times commence to run Before Starting CnsrruUion: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable Geld measurements. CONTRACTOR shall promptly report in writing to F.NGfNFER any conflick error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR :shall not be liable to OWNER or FNGiNF,ER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. ' 2.6. Within ten days after the Effective Date of the Agreement (unless othawise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or elates) for starting and completing the various stages of the Work, including. any Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.11. In no case will it schedule be acceptable which allows less than 21 calendar days for each review by Engineer. _163. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contrct Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments (luring con !ruction. 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 G"Wgk shall eaeh deliver to the olheF OWNER with copies to identified in the Supplemenuir- Candirinnq FNGINEF_R I certificates of insurance (and other evidence of insurance wl,6n- ., .. (.r t#xm��,r—a:�—a:'alitiam!—ire;ttretl—n}air :y—:eguest requested by QWNER) which COV'TRA'TOR-mW-OWN-rrspeutive[y-are is required to purchase and maintain in accordance with paragraphs 5.4-56And-5T Preconstraction Conference: 2.8. Within twenty days after the Contruct'rimcs start to ntn, 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 discussthe schedules referred to in pnmgmph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Scheduler. 2.9.. Unless otherwise providedin the Contract Documents, at least ten m ys brEarc ,ulHttission of the Eest Appliraaien-IbFHnyment before anv work at the site begins, a conference attended by CONTRACTOR, ENGINEER, and others as apropriata designated by OWNF,R, will be held to review or acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division -I- G nera -Requ cements, CONTRACTOR shall have an additiorni ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGTNEFR as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGLN-L•EER responsibility for the sequencing, scheduling or progress of the Work nor inter6xe with or reheve CONTRACTOR front CONTR\CTORs full responsibility therefor. COiMk TORs schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. .1RTTCLE 3--CONLTL\GT DOCU:AfEN'rS: Lr rENT, A.NLEI 1DLNG, REUSE Intent 3.L The Contract Documents comprise the entire. agreement between OWNER and CONTRACTOR concerning the Work, The Contract Documents arc complementary: what is called for by one is as binding as if called for by all. The Contract. Documents will be construed in accordance with the law of the place of the project. 3.2. It is the intent of the Contract Documents to EXI)C OENERAL CONDITIONIS 191"(1990 EJitim) wI C,M OF FORT COLLINS MODIFICATIONS (REV-102000) describe it functionally complete Project (or part then oO to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing, custom or trade usage as being required to produce the intended result. wall be famished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work.. materials or cquipmen, such words or phrases shall be interpreted to accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies Repordng and Resohing Mwrepancier 33.1. Reference to standards, specifications, manuals or codes of any techtical society, organization or association, or to the Laws or Regulators of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), caccpt as may be otherwise specifically stated in the Contract Documents. 3.3.2. If during the performance of the Work, CONTR.ACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph3.5 or 3.6; provided however, thar CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated' in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 7 1 i 1 I I I I I I I 0 SECTION 00510 NOTICE OF AWARD DATE: January 4, 2012 TO: Bath Landscape, .Inc. PROJECT: Discovery Museum Landscaping ' OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") ' You are hereby notified that your Bid dated December 6, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Discovery Museum Landscaping. ' The Price of your Agreement is One Hundred Seventy -Three Thousand Eight Hundred Nineteen Dollars ($173,819.00). ' Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. ' You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by January 19, 2012. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must ' bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: JOefi B. O'Neill, II, CPPO, FNIGP DireYtor of Purchasing & Risk Management 1 1 1 1 1 1 3.3.3.2, the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it.be cffective to assign to OWNER, ENGINEER or any of FNGNEER's Corhsultants, agents or employees any duty or authorityto supervise or direct the fumishing or performance of the Work or any duly or authority to undertake -responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed% "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable', "suitable". "acceptable "proper" or "satisfactory" or adjectives of like etTect or import are used to describe a requirement, direction review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, ingeneral, the completed Work for compliance with the requirements of and'information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paramraph 9.13 orany other provision of the Contract Documents.. AneentEng and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions- thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5 2. a Change Order (pursuant to paraynaph 10.4). or EcDcOENna.u,coNDITIO sI9ro-s 6990 Edtiw) w/ LTTY OF FORT COLLINS MODIFICATIONS (REV •12000) 3.5:3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.6), 3.6.2: ENGfNEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27)„or 3.6.3. ENGMER's written interpretation or clarification (pursuant to paragraph 9,4). Reuse ojDocuments: 3.7. CONTPLA TOR, and any Subcontractor or Supplier or other person or organization performinr or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGMER's Consultant, and (ii) shall not reuse any of. such Drawings, Specifications, other documents or topics on extensions of the Project or any other'pmject without written consent of OWNER and LNG RIMER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAILABILITY OF LAINDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability ojLands: 4.1. OWNER shall Burnish as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rightwf--way and casements for access thereto, and such other lands which are designated for the use of CONTRACTOR 6 aorrreasor ablawritte a recurs - OWNER shaft identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise, provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in C)WNFR's furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..1 Subsurface and PGF.dcal CnmtGriems, 4.2.1. Reports mid Drmaings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Condilimu. Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, and 4.2.1.2. Phiwical Conditions: 'Chose drawings of physical conditions in or relating to existing surface or subsurface structures at or amtiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 42.2. Limited Reliance by CON7R.4C'/0R Authori:ed- 'ledmical 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 identilicd in the Supplementary Conditions. Except for such reliance on such "technical data', CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEER'S Consultants with respect to: 4.22.1. the completenessof such reports and drawings for CONTRACTORs purposes, 'occluding, but not limited to, any aspects of the means, methods, techniques, sequences .and proceduresof construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 22.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drmvings, or 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of D�erfng Subsibface or Plrvsical. Conditions: If COYfRACCOR believes thai any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that unv "technical data' on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.22 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.23.3. differs materially from that shown or E.IMC GENULAL CONIXTIONZ 19108 (1990 Ee6tiaa) wt CITY OF FORT COLLINS MODIFICATIONS (REV an_(wn) indicated in the Contract Documents or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the chamcter provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency- as permitted by parag ph 6.23), notify OWNER. and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 42.4. EA'GINEER's Review: EVGWEER will promptly review, the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of 6NGINEFRs findings and conclusions. 4.2.6. Possible Contract Documents Change: If ENCHNEER concludes that a change in the Contract Documents is required as a result oFa condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the conwqumees of such change. 42.6. Possible Price mid Timer 1,#ustnants: An equitable adjustment in the Contract Price or in the Contract Times, or both. wili be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cast of, or time required for performance oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 2.6.2. a charge in the Contract Documents pursuant to paragraph 4.2'5 will not be an automatic authorization of nor it condition precedentto entitlement to any such adjustmm4 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 parag iphs 9.10 and I 19: and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER ca respect of Contract Price and Contract T imes by the 0 submission of a bid or becoming bound under a negotiated contract; or 42.6.4.). the existence of such condition could reasonably have been discovered or revealed as a result of any examination investigation exploration test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRAC£OR's making such firiai commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. ' If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ' FNGINF.ER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conetirions—Underground Facilities: 4.3, L Shoan or b0cated- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unlessit is otherwise expressly provided in the Supplementary Conditions: 4.3.L.I. OWNER and ENGINEER shalt tax be responsible for the accuracy of completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Rice and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documcrits,(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 pamynaph6.20 and repairing arty damage thereto resulting from the Work. 4.3.2. :4ot Shoan or lmhcated' If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CONTRACTOR shall. promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or Performing any Wok in connection therewith (except in an emergency as required by paragraph6.23), identify the owner of such Underground Facility and EJCDC GEN'ULU CONDrnom 191" (1990 Ethtim) w/CTTY OF FORT COLLIMSNIODDICTT1ONS(REV lt2000) give written notice to that owner and to OWNER and ENGM-ER ENGINEER will promptly review the Underground Facility and determine the extent of any, to which a change is required in the Contract Documents to reflect and document the consequences. of the existence of the Underground Facility. If ENGINEER concludes that a change in the.Contmct Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in 'pam$mph6.20. CONTRACTOR shell may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the "anent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are tunable to agree on enridement toor the amount or length of any such adjustment in Contract Price or Contract'rimes; CONTRACTOR may make a claim therefor asprovided in Articles I I and 12, However, OWNER, FNGINEER and FNGINEER's Consultants shall not be liable to CONTRACTOR for any claims, ctasts, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Pointe 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of ncctssary changes in grade or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 45. .Asbestos, PCBs, Petroleum, Ha ardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, petroleum, Flazanfots Waste or Radioactive Material uncovered or revea fed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Ducuments.to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4-5.2. TR�GFOR-shah} named ataly-()stop ail WeFk r ennec Fdous condition an 'ta-an}-efea-e4ieettd-t#xrebY-fr��MY as requiredanf1—(40eki{Y OWNER HFKI-ENIGPNtlxreatler- mrffm such-ntxicr-i n-writing)—Obl1NER-she II-pron,ptiy L,owult-with-EVGrNEER- mo rring- the-necessity-ft,f O«^FER-to-retain-a-gtmfified-expert-to-eva luate-such errectivt-as60H, i€-ftny- EOr�IT=R--K"fOR-shelFnot•be-reyuiredto-resume-Nrurk intaw sash-aAeEted-»rta-until-afkr-9Lu?:ER-has-obtained ^ GE)N€RAG€OR-dos,ts-not-agrtto-rresw»2-such�-�w.,o�rri, to rind:ti-anthe.:-O { V4IER-maeF--such-portion-of "FIE thRt-iq-m-yomwetien, �-ih hazardous eonditiwt-oFin-scab-nlreettd-area-te-}�e-dtltted-from the-Werk--If OWNER and GQWWk;TOR-eannet agree -as to-entitlement-to-or-thaanimnt-oFextent-o€an as-a-resttlt-e€drltta -R.:.-o€Fhn-Nrerlc-Fhtn eithe-r,-`party-may-make-a-cla im-therefoFes-provided-in ,46eles 11 and 11 OWM�R m haye . h deleted pOFtlolt-Ot-Fhd-WOFli-per£om12d-by-6iW"`"ER�s-own £oreesoFothersvFnuordnncewith-r�rticlt-7- 1.j-1. To the fulles�ted-bY-L-aws-atni Regulatiort�E-)WNFR—shalF-itidemni £yl=hold harmless CQ�TRAGTOI2—Subtomractom officeFF,—directors,—employees,—agents—other CE)nSUlFaniS-anfi-SIIiICOmraGlorS-f)�2i1GtF fad-fafy-()€ owrrnegli_Cnce.. mat-intended-ta-app{y-ta :Asbestes{GBs:-Petrelettnr, 9EK4ve,-� •n lei=vitl}• EXWOENTILALCOWFTIONS 191" (1990Ediliul) WICITY OF FORT COLD M MODIFIc.4TiONS (REV 412000) ARTICLE5--BON"DSA.\ 1NSUR.-UNCE Performance, Payment and Other Bonth. :.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTR.ACTOR's obligations under the Contract Documents. These Bands shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as .we required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Dix;uments 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 aril as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, all Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or beco=N insolvent or its right to do business isterminated 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 niust be acceptable to OWNER. U. Licensed Sureties and Insurers; Certificates of Insurance., 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER 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 insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OW"NFR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall delivt ies to--eaGh addititxmf-insured-identified-in-t}te-Suppltmrntary Gopditiert- uertiGc.; ng; --- - ,attd -edtae t _ rtguirtd-Ee-purs e w th pnnlWff4F _-fits, 54-hereof_ COATRACTOR'sLiabiliry Iaurrunce• 5.4. CONTRACTOR shall purchase and maintain such ' liability and other insurance as Is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result CONTRACTOR's performance and .from fumishirq; of the Work and CONTRACTOR'S other ' obligations under the Contract Documents; whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier; or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation disability benefits and other similaremployce henetit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, ' .sickness or disease, or death of any person other than CONTRACTOR's employees, }4 4-claims-k>FtLrmngls-iitsurad-by-custontaFy ' prFscmal-irtjt�--E>fl�{i mdlFeet4y-relatedte-Fha-arap4oymaaE--0f-such-Per son -by G04PPUkti; ' 5.4.5. claims for damages, other than to the Work itsel[ because of injury to or destruction of tangible property wherever locatcek including loss of use resulting therefrom; and ' 5.4.6. claims for dunages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. ' The policies of insurance so required by this paragraph 5.4 to be purchased and maintained skill: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, ' include as additional insureds (subject to any customary exclusion in respect of professional liability). OWNER, ENGINEER ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed is additional insureds, and include coverage for ' the respective officers and employees of all such additional cos ireds; 5.4.3. include the speck coverages and be written for not less than the limits of liability provided in the ' Supplementary Coalitions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; E I)C GENEFUL CONDITIONS 1910-8 (1990 Ecktim) w/ CTIY OF FORT COLLINS MODIFICATIONS (RL•-V .12000) 5.4.10, include contractual liability insurance covering CONTRACTOR's indemnity obligations under para6raphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and die certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effectat least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing <kfectne Work in accordance with paragraph 13.12; and 5.4.13with respect to completed operations insurance, and any insurance covera a written on a claims -made basis, remain in effect for at least two years after brat payment (.arid CON'rRACTOR'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), OTHNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise From operations under the Contract Documents, Property Insurance: i:6—Unless-otheFwise--provided-in-the- .Supplementary Conditions-064NEI-Shall-purchase-and-maintain of-tha-hull-raplacamenFcost-thrre-oE"-(subjacE-[o-such deduct ibla-nmounls-as-may-ba-provided-in-the Supplementary-Eornditions-or-reyuued-by-6ttws-stud Regulations)-This-insumnca•shnlls. 56-}—iretude—the interests—ol—E?VWHR. fiNfrp?:SFsi�s-Gousuharrts-end-any-other-parsers-eF antit ins-alantifiad-iMtha-SupplamantaFy-Fonditions; aachKnEwFium-isdeemet!-ku havran-imurable-inkresE analshall-be-liste"s torinmreddor-additiomt6insured; 5:6�-6a-writtrn-exn-a-Buiklefs-Risl�el I-risk=or a'. -t os a2leda ngtuansr - 1.1s � lass RE _teMpeffify _ r_i__....u. und-14'eFlt-in-YarsiE and-shall-insures-egturst-at least thefollowing.:i... fire iightni;,g---,,xtended Govtraga-theft-vonda I ism-ancf-nta4ici�itts-m Ischia f: earthquake, cellapse,-debFi ramove!-ckmolitien wHtPucasieaad-Ey-tnforeantst!-o€ F,rnvs-raid-R..gulatiEws; e Q_ R-d _� etheF pergs-as-ntay-ba spesificgly-required-by-tMary Con' i�. -S:63-inc ludrtxper6es-incurred-vt-the-repair-or repinciment-o€any- red -property -._(including -but -not architects). s:6-i-e- mate Wsr andequipment stafeki-althe site or-at-Pnother--beation-that-wes-agreed-to-in -writing-by k, providedthat-stloh-materiaLs and-equipment-have-haen iM an. . eeammended made unless etheFwi� agreed to in wfiting­by del.^. •1••• tip'n-neFiGa-te-each -etheFaildmenal issued. 5.7. 93W?? .n shall ------ and m ,,,.Pin-stteh-bailer and -mna fiy-i:tSinCirnca Its-may-be-requued-by-iha-Supplementary-Conditiore-oF OWNrR,identified in the F,?/E'rl:� Efilt'sL'eris�tltants�anti-any-ethaFparsoru-oF-entities M. .l'.,� ,d"i . Aeh-efwhont isdamarlEe-Fava-en-iitstrt'sbla-tMarest-and-s!a&be-listac#m en-insured-eFnddiuorte€ir�surad other-avidenee ereso ,.. .:chased -and mPIM@I}ledby-O\k?3ER-in• aCCOfdafN:e-\c'it}FpPmgmQILS-*6 ian-erendefse.nent thnt-the rovarogrPfforded-wi!!-not-ba--cPncallad-ar-m atariPl ly char;oed-or-renewal-refused-unti€ot-least-thirty-days'-prioF written-notiee-has-been-given-to-O\ILYER-arid r i . -_� -.u_ ,.d _.-col whtmFo-certit irate-of-ittsutunc�has-lxron-issued-aml-wiN contain-waiver-provisions-in--necordenca-with 5.9. OWNER shall not be responsible for purchasing and maintaining any properly insurance to protect the interests of CONTRACTOR- Subcontractors or others in identified-irl the�Sapplrnirntery Eotalitbent i x S=Fhe-r sk a€ ering any Speci such-bss-and-i zany-ol-[hem-wishes-property-insumnu oovtm�e-within-iht-lira i[s-uFsuch-amottntsreach-may purchawand-maintairrit-nE[ha-purchaser'sownaxpansa. >:16..-lFCOAFF2-iGFOR-requests-ire-writing-that-other iRSHFanc poass-le, nelu& liciesUftj F PGF89FfiPhS such irsdfanee, ancl ate east t' be uhaf-A to CONTRACTOR by .de ' r,\Venrte,\mend. ant--Prt i« e EJCDC GEN -R-XL CON'IXTTONS 19I0-S(1990 EI itim) )� avICTTY OF FORT COLL M-MODIFICIMONS (REV -112000) wmmertcement-o€the-\VorkPt-the-siro; O\\'iVGR shall -in wfitMa G94�R�\GFOR-whether-rx-net-sash sinter +�uhesbetn- frra�tard-by-9L4 541 veMer-ojRightsi- 5:1-E-I-OW'�iER arnl GOz�FFR4t=•TOR-inttm!-that-REl policies. purchased -in -accordance -with -pp mgmphsa6 and? wi!!-prof 3utv,•enlractcxs,—EN<}L-WEER—FNGlr�I6ER's c:easukents a insureds-or-additional-tn7reds-in-sueh-palicies-and lasses and damaA�- cml:eXt-by- a-^"il ^^'.''rid -thereby. i\ll �. •��a:e:.fet`Pay{rtant�arty-loss-oc-dam�a-Uta the-insureds-er-Pdeli and "i-AF-f.1„FreStliEffl�HOM aR}'-6t-Q,.rl"'•la-f9Yered-by 16h--poitGlaFand-any [IC p2fFy-rRSaranee app{19a SUbGentFRGFeFS. S?(O _. cNGPIEcw. in the SupplemerAmy Genditions to be listed Core�ultants-andal{-ether-parsaw-or-aMitias-idaMifiad ja losses- and- dam ag s-so-caused.-%l a-oEth�abova tvaiwfa_�tend--te- tka-Fighlq thattny--pPFty making'itrclrwa yef may have to pro<'aeds-ef r,ltnr .. ,..1.-Fwise Iayab6under-nny-policy-sa4ssued -l-l=-In-addition;-O%k'?t6R waives Fill rgno ago nst—CGi\ITR.\GFOR�Subconimctors: Srnnrccn ENGRWcn�a_O Itantsand the offiears-direr;tors-era ployaas=arid-agtrxs-o�any-oC thane=for el-lrSt'-OF-txhtr-CtN62gaeMiR {-IOss-@`FEeridlrlg beyatr!-direst-physics!-loss-oF-damage-to arising -out o€or-resulting-from-{ire oFother-perik whether-O[ nfx-IrLSUreE€t)V-O\�T.11� and I.>rs--or-damage-to-the-comptetad projeet-OFpRri-Fha resu{tir� Goa-Ctrs-oFothaFitrsured-periFeovtrell sctn+pleta�l-Frejrs�erPar�.:=.ao1-6�8Lk�v'ER during-partial-uulialEion-pursuara-to pam•3a ph-l4: lU-after-SulnFantia!-Eompltticm pursuanFto-pttm�aph-4-1: S-oFnftaFlina I-�ttymaM Any insurance policy muintained by OW49k eey-fiRg env--hr. -. lens-to-t'--.><-t �=i;•� ate ttw a4�t F-m.� 00 equential--Io gthee 11-have--ate-rights-4 [1 0 11 I E 1 rasoyary oga tut any of GFk�+P?AGFOR-Sube x tractors Receipt and Applicadon of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the irnaueds: as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties is interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interestshall object in writing within fifteen days after the occurrence of Ices to OWNER's exercise of this power. If such objection be made, OWNF.It as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is r-nched, OWNER as fiduciary shall adjust and settle the loss with _ . the insauers a:..,-:..:Efag-4>y--er�party-rn intepe%-v:L;36R-as- tdusiaty-shal�giva-bond- lot =t}ie Acceptance ojBonds and Insurance; Option to Replace: 5,14. If OWNF,R has any objection to the coer verage atl'oded by or other provisions of the Bonds -or inst dance required to be purchased and maintained by the ether patty CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the objecting-partyshmU-so-notify-t other -party OWNEit will notify CONTRE\CfOR in writing within urn ti een days after receipt delivery of the certificates (tw-othaF-eytdlence requested) to OWNER as required by paragraph 2.7. OVP�HR and other -such -ad Tit onOl nfonpF3Yide to the uation ut respect -off nsttranca provitkd-ns-ilia-othaFinay-raesoratbly-request—It-a ithar party-does-not-purehaseor-maer:tavrmU-oEthe-Bon<Im-acid msurenca-required-of=such-party-by-tha-Contract fy-d+�etkeFpnrty-in writu>;-oFsuoh-fm ilure-to-pandtase-prior-to- Uto-sWR-oEthe Uw required-ceventge. 4'41GUt-prnjudiccrt041ny 0theF*ight Ix-remarly-ilia-otkwF-pang-may-alact-Eu-t>Main-aquivelant BortJsurireurmnce-ter pre>feet-suctrutherpmrty'rintarzsts�rt the -expense o-"rpwkv-who-was•requirad-to-provide-such �• and a the Eontract-price-accordingly: Partial Utilization -Property Insurance. 5.15. If OWNER funds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDCOENELL. CONDInOM 1910-8 t1990 Ectitinil wf a`rY OF FORT COLLINSMODIFICATIONS (REV-I2000) Completion of all the Work, such use or occupant' may be accomplished in accordance with .para6raph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. 'rhe insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shalt not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendernce. 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto ,and applying such skills end cgxrtise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the. negligence of others in the design or specification of a specific means, method, technique, sequence: or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CON RACTOR shall be responsible to sce that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep.on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under octraord mary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as ifgiven to CONTRACTOR Labor, Materials and Equipment: 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 wood Iliscipline and order at the site. Except as otherwise. required for the safety or protection of persons or the Wok or 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 working hours and CONTRACTOR will not permit. overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written' consent given after prior written notice to ENGMER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of anv Work to be performed on Satunlav, Sunday, Holidays or outside the Requlnr Working Hours. 6.4. unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances• fuel, power, lighk heal,. telephone; water, sanitary facilities, tempporary facilities and all other nt facilities and incideals necessary for the furnishing, performance, testing, start-up and completion of the Work.. 6.4.1 Purchasing Restrictions: CONTR-ACTOR must comply with the City's purchasing restrictions. A copv of the resolutions are available for review in the offices of the Purchasing and Risk Nlanagement Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 rewires that suppliers and producers of cement or prpducs containiit� ccmtent w ccnifv that the amen[ w•as not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new; except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by F.NGINEFR, COLNURAC OR shall furnish satisfactory evidence (including reports of required tests) as to thekind and quality of materials and equipment, eW materials and equipment shall be applied, installedl,'connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress.4ehedule: 6.6. CONTRACTOR shall adhere to the progress schedule mablished 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 paragraph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will charge the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substiruresand "Or -Equal" Itents 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or descriptionis intended to establish the type, function and quality required. Unless the specification or description EICDCOENER L CONDITIONS 191" (1990 Edition) 12 w/ CITY OF FORT COLLtISt10DIFICdTIONS (REV •1a2006) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal". If in ENGINEER's sole. discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no charge in related Work will be. required, it may be considered by FNGINEFR as an "or -equal' item, in which case review and approval of the proposed item may, in FNG(NEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance ofproposed substitute items. 6.7.1.2. Substitute Items: If in I-NGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1,. it, will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is esscntially equivalent to that named and an :acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other .than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance, thereof, cenifymg that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent. if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOWs achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royally. All variations of the proposed substitute from that. specified will be identified in the application and available maintenance. repair and replacement Service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly 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 proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about ' the proposed substitute. 6.7.1.3. C0N7R4CTOR's Evpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item w ll be at ' CONTRACTOR'S e. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique,. sequence or procedure of construction is shown or ' indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method. technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to ' allow ENGINEER, in F.NGINEER's.sole discretion, to detern inc that the substitute proposed is equivalent IO that expressly .called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. ' 6.7.3. Engine&✓y Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1? and 6.7.2. ENGINEER will be the "or sole judge of acceptability. No -equal" or substitute will be ordered, installed or utilized without ENGINFER's prior written acceptance which will be evidenced by either a Change Order or an approved 'Shop. Drawing. OWNER may require ' CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. 6NG114EER will record time required by ' ENGINEER and ENGINEERRs Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 .and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER ' accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.9. Concerning Subcontraeturs,' Suppliers and Dhers: 6.8.1. CONTRACTOR shall not employ .any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8,2), whether ' initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to f imish or perform arry of the Work against whom CONTRACTOR hits reasonable objection. ' EJCDC GENERAL CONDITIONS I9103 (1"0 Edtim) wl CITY OF FORT COLL1NS NODIFTC.vriON3 (RLV-I2006) 6.9. CONTRACTOR shall oerforaa riot less than 20 percent of the Work with its own forces (that is, without subcontractinu). The 20 Percent reouirement shall be understood to refer to the Work the value of which totals not less than 20 Percent of the Contract Rice 6.8.2. Biddinc Documents require the identity of certain Subcontractors, . Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-advance-o�-the-specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--art—if .t.......1..nue Nvith the c , ntafy—E-Undiil6Fi , OWNER's or ENGINEER's acceptance (either in writing or by liiiIing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of Supplier : of other per; R OF tiff Ua-IF I'stigetien; _...ua_ ... ».. He I e Can et -n.:_. AA in the wia APMq6sned* such-substitutku and-an-uppropfiate Ghange-Ordef Will be MEW constitute a condition of the Contract requiring the use of the named subcontractors— suppliers or other personsor organization on the Work unless Dnot written aooroval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work: 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINE -ER for all acts and omissions of the Subcontractors,. Suppliers and other persons and organizations performing or fumishmg any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER ER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to, pay onto see to thcpayment of any moneys clue any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may fiamish to env subcontractor, supplier or other person or aeanizatiom evidence of amounts. Paid to' CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment". 13 I 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or fiariishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors,. Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. Al Work pertonned for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the npplicable terms and conditions of the Contract Documents for the benefit of OWNER andENGMER.-Whennvcr-may-awh-agreement --ifed an the property insuranea-previded--in Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and. royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGMTEER its use is subject to patent rights or copyrights ailling for the payment of any license fez or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, Ei IGNEER's Consultants and the officers, directors, employees, agents and other consultants of each and tmv of them from :and against all claims, costs, losses and damages arising out of or resulting from any inliingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design, process, product or device not specified in the Contract. Documents. EICDCGE'NEMALCONDITIONS 191" (1990 Eeitiom 14 wf CITY OF FORT COLLIN'SMODIFICdTIONS(RLV4R000) Permits: 6.13. Unlessotherwiseprovided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR,. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the. time of opening of Bids or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, grad OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. LansandRegulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations' applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR:s compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom-, however, it shall not be CONTR\CTOR's primary responsibility to make certain that the Specifications and Drawings arc in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15. 1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the rproo'ect. Said tares shall not be included in the Contract Bice. CONTRACTOR must apply for: and receive, 'a Certificate of Exemption from the Colorado Department of Revenue for construction materials to he phvsi, wlly incorporated into the project This Certification of Exemption provides that the CONTR\CTOR.shall neither Cray nor include in his But Sales and Use Taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 11 1 1 I I d SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 4`" day of January in the year of 2012 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Bath Landscape. Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as all labor, equipment and materials for the installation of the landscaping and irrigation at the new Discovery Museum Facility. This includes, but is not limited to: revetment walls, soil preparation, temporary and permanent irrigation, planting including shrubs, trees and a variety of grasses, bedding materials comprising rocks and mulch, turf seeding and sodding, all per the landscape plans prepared by AECOM, dated February 4, 2011 and the irrigation plans prepared by Bath Landscape, Inc., dated August 3, 2010. ARTICLE 2. ENGINEER The Project has been designed by AECOM. A representative from City of Fort Collins Operations Services who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES ' 3.1 The Work shall be Substantially Complete within One Hundred Eighty -Four (184) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Thirty (30) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. I I 1 1 11 1 1375 Sherman Street Deriver, Colorado, 80261 Sales and Use Taxes for the State of Colorado. Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (inncludin_ State collected tares), on any items other than construction and building materials physically incorporated into the Prod are to be paid by CONTRACTOR and are to be m—duded in appropriate bid items. UreojPrenuses: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Lanes and Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claun by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest axu:ntpermittc:d by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER ENGGIEER's Consultant and anyone directly or indirectly employed by any of them from and against all "elaims. costs, losses and damages arisinout of or resulting fromany claim or action, legal or -equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials; rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machine" and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.13. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any. part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. UM C GENULAL COa'DIT10N�*, 1910-3 (t990 Edtian) cot Cary of FORT COLU na attxmiCATIOnS (REV aa000) 6.19, CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Directives.. Field Orders and written interpretations and clarifications (issued pursuant to rAmgmph 9.J) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents; Samples and Shop Drawings will be delivered to ENI GINEER for OWNER: Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. ail persons on the Work site or who may be affectedbv the Work;. 6.20.2, all the Work and materials and equipment to be incorporated therein, whether in storage on or of the site; and 6.20.3. other property at the site or adjacent thereto, including trees; shrubs, lawns, walks,pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, .and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property_, AH damage, injury or loss to any property referred to m paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly rmt ployed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of DrawingsorSpecifications or to the acts or omissions of OWNER or ENGINEER or Eli iGINEERs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's dupes and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 1 notice to OWNER and CONMACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise eepressly provided in connection with Substantial Completion). 6.21. Safety Representarive. CONTRACTOR shall desigate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs HazardCommunicutlon Programs: 6.2_2. CONTRACTOR shall be responsible for wonlinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among - employers at the site in accordance with Laws or Regulations. t]mergencies: 6.23. 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 authorimLion from OWNER or ENGNEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused therebv. If ENGINEER dLwrnines that a change in the Contract Documenss 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. Shop Drawings andSantples. 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 subminals (see paragraph 2.9). All submittals will be identified as ENGINEER may require aril in the number of copies specified in the General Requirements. The dam shown on the Shop Drawings will be complete with respect to quantities, dimensions• specified performance and design criteria• materials and similar data to show ENGNEER the materials and equipment CONTRACTOR propduesAo provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.36. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise. as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC GENERAL. CONIXTION5191M (1990 Editial) 16 WCTTY OF FORT COLLI�SMODIFICA'nONS(REV4e20001 purposes required by paragraph 6.26, The numbers of each Sample to be. submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.)5.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities. dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1 2. all materials with respect to intended use,fabrication shipping, handling, storage, assembly and installation pertaining to the performance.of the Work, and 6.25.1.3. all information relative to CONTRACI'OR's sole responsibilities in respect of means, methods techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGNEER specific written notice of such variations, if any, that the Shop Drawing or Sample, submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate front the submittal: and, in addition. shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings. and Sample submittals accepted by ENGINEER as required by paragraph? 9. ENGNEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the, Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Protect as a functioning whole as indicated by the Contract Documents. ENGNEER's review and approval will not c\tend to means, methods, techniques sequences or procedures of construction (eecept where a particular means, method, technique, sequence or procedure of construction is'specilcally a d expressly called for by the Contract Documents).nr to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the requued number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGNEER's review and approval of Shop Drawing or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of .submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENI GWEER relieve CONTRACTOR from responsibility for complying with the requirements or paragraph 6.25.1: 6.25. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed prior to F.NGINEER's review and approval of the Pertinent submittal will be at the sole eepense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted.by paragraph 15.5 or as OWNER and CONTRACTOR may otherwtse agree in writing. 6.30. CONTR•ICfOR'.s Ceneraf Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defechve. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse• modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EXI)COENMAL CONDITIONS I910S (1990 Edtim) wf aTY OF FORT COLLINS htODIHCAT IONS (REV d2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by LNG NEER. 6.30.2.3. the issuance of a certificate of Substantial Completion or any. payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others, or 6.30.2.8. any correction of defective Work by OWNER /ndenutifrcation: 6,31. To the fullest cetent permitted by Laws and Regulations, CONTRACTOR shall indemnify 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 claims, costs, losses,and damages (including, but not limited to, all fees and charges of engineers, architects. attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of or resulting from the performance of the Work; provided that any such claim, cost, less or damage: (i) is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Work itselt), including the loss of use resulting therefrom, and(ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such ernployec) of CONTRACTOR, any Subcontractor. any Supplier. any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose .acts any of them may be liable, the indemnification obligation under paragraph631 shall not be limited in any stay by any [imitation on the amount or type of damages compensation or benefits payable by or for CONIRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts. disability benefit acts or.other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINIHER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival ojObligarions• 6.34. All representations, indemnifications warranties and guarantees made in, required by or given in accordance with the Contract Documents as well as all continuing obligations indicated in the Contract Documents will survive final payment; completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7--OTHER WORK Related Wark at Site 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain Gcneml Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to. CONTRACTOR prior to starting any such other work and (6) CONTRACTOR may make a claim therefor as provided in Articles.I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 7 2. CONTRACTOR shall afford each other contractor who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and 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 endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGENMER arld the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EXI)C GENERAL CONDlI7oNs 191" (1990 ecilie ) Is rv/ CITY OF FORT COLLIMMODIFIC.ATIONS(REV 1,20001 provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. T1. If the proper. execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work .and promptly report to ENGINEER in writing any delays. defects or deficiencies in such other work that render it unavailable or unsuitable. for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Wort: except for latent or nonapparent defects and deficiencies in such other work. CoorrSnation: 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 variousprime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided - Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions OWNER. shill issue all communications to CONTRACTOR through ENGNEER. 82. In case of termination of the employment of ENGINEER OWNER shall appoim an engineer ag inst whom-CUY-TRA6TOR—makes-no-reesexreblt-objeetiorp whose status under the Contract Documents shall be that. of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 aril 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference pomis are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and dmwinga.of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. anJ,-maintaiRing liability fonhi mparagraphs-i->throua, 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.9. OWNER's responsibility in respect of certain inspections, tests and approvals is setforth in Paragraph 13.4. 8.8. In connection with.OWNFR's right to stop Work or suspend Rrork, see paragraphs 13.10 and lja. Paragraph 152 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. 'rhe OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CON'rRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. $-}t}--OW<SiFIb'S-res` ��'^' iR-fe Fo�kirldFssfosed Ya.^a`ot"`r tipre A..e_AB ono. u....d_Uffl RRditeetive- Materials -lrFifJtiLF2d-eFfeV2R12d-aF-fiir .two set forta . oh rinrF,orarfr,rPph rrtr..1'- 8-H. Il:an.:-:�tha-extrrtfAti-'ir . rnsrro�r�.�-�o;�.'"—f-9P�r�—..�.II.a'2�:itkhetl—Ehul—GFlanaie{ arraltgements—have--been—mach—to—smisty—C3WNL•Ts's fesponsibility-in-respecFtheraof-will-bens-set-forth-itt-tha Supplementary-Eonditions. ARTICLE 9—ENGIi`I ER'S STATUS DURING CONSTRUCTION OIVNER's Representative: 9.1. ENGINEER will be OWYER's representative during the construction period. 'rhe duties and responsibilities and the limitations of authority of ENGINEER as OWN ER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Nsits to Site: 9.2. ENGLNEER will make visits to the site at intervals appropprinate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress E7CDC GENERAL CON'DMONS 1910,3 (1990 Edtim) w! CiTy OF FOR:r COLLIM MODIFICATIONS (REV,12000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based an information obtained during such visits and observations.. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on, site inspections to check the quality or quantity of the Work. ENG NEEWs efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On thebasisof such visits and on, site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. FNGINFER's visas and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility .set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTR.9CTOR's Work. ENGINEER will not supervise, direct, control or have authority. over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the satey precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws. and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish.a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. "The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and—in—tha—;kippkm2ntary Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGIINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in w(_mM.. ph 9.3 of these Gcneral Corlclitians If the ENGINEER rumishrs a Resident Pro ec) t Representative (RPR) or other assistants or if the OWNER designates a Re presenmtive or agent, all as provided in Inmgraoh 9.3 of the General Conditions, these Representatives shall have the authority_ and limitations as provided in paragraph 9.13 of the General Conditions and shall be subfeet to the following: 9.3.1. The Representative's dealings h matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But. the Representative will keep the OWNER properl�' advised about such matters. The Representative's de:dim4s with subcontractors will only be duouth or with the full knowledge and npproval of the CONI'R4C'i IL, 9.3.2 Duties and Responsibilities. Reoreserrtativa will: 93.3.I.Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGWEER concemine acu Wability. 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as preeonstruction conferences, pro�rzss meetings and other lob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3.Liaison 93.2.3.1. Serve a% PANGfNEWS liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACfOR in understanding the Contract Document& 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when rewind, for proper execution of the Work. 932.3.3. Advise the WGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or • mple suhmis%ion if the submission has not been approved by the FNGINEEtL 9 3 2 4 Review of Work. Reiection of Defective Work. Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGWEER in determining that the Work is proceeding in accordance with the Contract Documents, 9.3.2.4.3. Accompany visiliru; inspectors representing public or other agencies having jurisdiction over the Proiectrecord the resul s of these inspections and report to the ENGINEER 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Do uments as mued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EKDC GEHER..L CONOITION519103 (1990 Editiaa) 70 w/ CITY OF FORT COLLINS MOD[FICdT10NS(MVdR000) modification in Drawings or Specifications and report these recommendation% to ENGLNEER. Accurately transmit to CONTRACTOR decisions issued by the Ci\IGINEER 9.3.1.7. Records. 9 3 2 8. Repy . 93.2.81, Famish ENGLNMER rpe iodic sports as rout ire of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 932.8.2. Consult with UNQRiEER in advance of sckedulingmajor tesL%. inspeetiors or start of important phases of the Work. 9.3.2.8.3. Draft proposed Chance Orders and Work Directive Chang_cs, obtaining backup material from the CONTiCACfOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders 9.3.18.4. Report immediately to ENGUEER and OWNER ER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the establ shed procedure for their submission and forward with recommendation to II 11 I I 1 ENGINEER, noting Particularly the relationship of the vment requested to the schedule of values, work completed and materials and eyuiptllent delivered a[ the site but not incorporat&I m [he Work 9.3.2.10. Completion. 9.32,10.1. Before &NGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items wiring correction or completion 9.3.2.16.2. Conduct final inspection in the oonr[zuty of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authoritv: The Representative shall riot: 9:3.3.1. Authorize anv deviations from the Contract Documents or accept any suhstitute tt ten Is or et)_Ipment, unless authorized by I g ENGFIN h"ER 9.3.3.2. Exceed limitations of F.NGINF.ER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsihilitics of the CONTRACTOR. Subcontractors, or, CQNTRACTQR'S superintendent 9.3.3A. Advise on, or issue directions relative to, or assume control over any :.spzct of the ' meamethods, techniques, sequem:e ns, s. or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions Ng rding or assume control over safzty precautions and'�rugmms. in connections with the, Work. 9.3.3.6. Accent Shop Draw n s or sample submittals from anyone other than the ' CONTRACTOR 9.3.3.7.. Authorize OWNER to occulry the Work in whole or in part. 93:3.8. Participate in specialized field or labomlory tests or inspections conducted by others except as specifically authorized by the F.[NUMEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDCOEt\URALconvlTlot�.S` I9lOS(i990Erdtiat) w! CITY OF FORT COLLINS MODIFICATIONS (REV d2000j requirements of the Contract Documents (in the fomt 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 CONfRAcrOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thcreoE if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I l or Article 122. Authorized Phriations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Lbcumcnts which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a fanctiuniig whole as indicated by the Contract Documents. These may be accomplished by n Field Order and will. be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly, if OWNF,R or -CONTRACTOR believes that a Field Orderjustifies an adjustment in theContractPrice or the Contract Times and the parties are unable to agree* as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defeerive Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to he defective, or that ENGEVEER believes will not produce a completed project that conformstothe Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special .inspection or testing of the Work as provided in paragraph 139, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders andPayntents: 9.7. In connection with ENGINEER's authority as to Shop Dmwings and Samples; see paragraphs 6.24 through 6.28 inclusive.. 9.8. In connection with ENG rNEERs authority as to Charge Orders, see Articles 10, 11. and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the FNGINEFR's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGL (EER's written decision decision, unless otherwise agreed in writing by OWNER thereon will be Taal and binding upon OWNER and and CONTRACTOR CONTRACTOR, unless, within ten days after the date of any such derision, either OWNER or CONTRACTOR 9.12. When functioning as interpreter and judge under delivers to the other and to ENGINES. written notice of paragraphs9.10 and 9.11, ENGINEER will not show ' intention to appeal from ENGINEEWs decision and: (i) an partiality to OWNER or CONTRACTOR and will not be appeal from EN•GINEER's decision is taken within the time liable in connection with any interpretation or decision limits and in accordance with the procedures set forth in rendered in goon faith in such capacity. The rendering of Exhibit GC A, "Dispute Resolution Agreement", entered a decision by LNGWEE IZ pursuant to paragraphs 9.10 or into between OWNER and CONTRACTOR pursuant to 9.11 with respect to any such claim, dispute or other ' Article. 16. or (ii) if no such Dispute Resolution Agreement matter (incept any which have been waived by the making has been entered into, a formal proceeding is instituted by or acceptance of final payment as provided in the appealing party in a forum of competent jurisdiction to paragraph 14.15) will be a condition precedent to any exercise such rights or remedies as the appealing party may exercise by OWNER or CONTRACTOR of such rights or havewith respect to ENGINEER'S decision, unless remedies as either may otherwise have under the Contract otherwise agreed in writing by OWNER and Documents or by Laws or Regulations in respect of any CONTRACTOR Such appeal will not be subject to the such claim, dispute or other matter-pursuant-te-Rrirsle-16. procedures of paragraph 9.11. 9.13. Limitations on E,VCL\EER's Authority and Decidonson DEvputes• Retpqudbilf ier.. ' 9.11. ENGINEER will be the initial interpreter of the 9.131. Neither FNGINEER's authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or under any other acceptability of the Work thereunder. Claims, disputes and provision of the Contract Documents nor any decision other matters relating to the acceptability of the Work or made by ENGINEER in good faith either to exercise ' the interpretation of the requirements of the Contract or not exercise such authority or responsibility or the Documents pertaining to the performance and furnishing of undertaking, exercise or performance of any authority the Work and claims under Articles I I and 12 in respect of or responsibility by ENGINEER shill create,, impose changes in the Contract Price cc Contract Times will be or give rise to any duty owed by ENGNEER to referred initially to ENGINEER in writing with a request- CONTRACTOR any Subcontractor, any Supplier, ' for a formal decision in accordance with this paragraph. any other person or organization, or to any surety for Written notice of each such claim, dispute or other matter or employee or agent of any of them. will be delivered by the claimant to ENGNEER and the other party to the Agreement promptly (but in no event 9.132. ENGINEER' will not supervise, direct, later than thirty days) after the start of the occurrence or control or have authority over or be responsible for ' event giving rise thereto, and written supporting data will CONTRACTOR's means, methods, techniques, N\r be submitted to ENGEER and the other party within sequences or procedures of construction, or the safety sixty days after the start of such occurrence or event unless precautions and programs incident thereto, or for any ENGI. JEER allows an additional period of time for the failure of CONTRACTOR to comply with Laws and submission of additional or more accurate dam in support Regulations applicable to the furnishing or of such claim. dispute or other matter. The opposing party performance of the Work. ENGNEER will riot be , shall submit.any response to ENGINEER and the claimant responsible for CONTRACTOR's failure. to perform within thirty days after receipt of the claimant's last or furnish the Work in accordance with the Contract submittal (unless FNGNEER allows additional time): Documents. •E'i IGR.IEL•R will render a formal decision in writing within thirty days after receipt of the opposing party's subrnmal,*if 9.13.3. ENGINEER will not be responsible for the any, in accordance with this paragraph ENGNEER's acts or omissions of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcontractor, anv Supplier, or of any other person or be final and binding upon OWNER and CONTRACTOR organization performing or furnishing any of the unless: (i) an appeal from ENGNEER's decision is taken Work. within the time limits and in accordance with the ' procedures set forth in EXHIBIT GC -A, "Dispute 9.13.4. ENGUNEER's review of the final Application Resolution Agreement", entered into between OWNER and for Payment and accompanying documentation and CONTRACTOR pursuant to Article 16, or (ii) if no such all maintenance and operating instructions. schedules, Dispute Resolution Agreement has been entered into, a guarantees, Bonds and certificates of inspection, tests written notice of intention to appeal from ENGNEER's and approvals and other documentation required to.be ' written decision is delivered by OWNER or delivered by paragraph 14.12 will only be to CONTRACTOR to the other and to ENGNEER within determine generally that their content complies with thirty days after the date of such decision and a formal the requirements of, and in the case of certificates of proceeding is instituted by the appealing party in a forum of inspectmoru, tests and approvals that the results competent jurisdiction to exercise such rights or remedies certified indicate compliance with, the Contract ' as the appealing party may have with respect to such claim, Documents. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 9.13.5. The limitations upon authority and ' EJCDC 0ENEF-AL CONIXIIONS 191" (1990 EStim) 22 %v/ CRY OF FORT COLLINSMODIFIC.IMONS(REV U?000) responsibility set forth in this paragraph 9.13 shall also apply to ENGLNEER's Consultants, Resident Project Representative and assistants. ARTICLE IO—CFbuNGEs IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletion% or revisions will be authorized by a Written Amendment. a Change Order, or. a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be perlormed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Prig: or an adjustment of the Contract "limes that should be allowed as a result of a WorkChange Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled to an inennse 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 3.3 and 3:6, except in the case of an emergency as provided in paragraph 6.23 or at the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10A.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (u) required because of acceptance of defective Work under paragraph 13.13 or correcting t&.fective Work under paragraph 13.14, or (ui) agreed to by the parties: 10.4.2. changes in the Contract. Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ME)C GENIFUL CONDITIONS 1910.4 (1990 Edtiat) w/ CITy OF FORT COLLI NS SIOUIRCATIONS (REV J2006) (including. but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE It—CHAINGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compems;ation (subject to authorind adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obli ations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shalt be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty clays) after the start of the occurrence or event giving rise to the claim and stating the general mature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGRNFER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be. accompanied by claimant's written statement that the adjustment claimed covers alt 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 9.1 l if OWNER and CONE RACTOR 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. 11.1 The value of any Work covered by a Change Order or, of any claim for an adjustment in the. Contract Price will be dctenuined as follows: 113.1. where the Work involved is covered by unit price% contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by rant prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily inaccordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documcnta and agreement to a lump sum is not reached under paragraph 113.2, on the basis of the Cost of the Work (detemtmed as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11,6). Cost of die W'orlc 11A. The term Coat of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Rxcept as otherwise may be agreed to in writing by OWNER. such casts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Paragraph 11.5: l 1.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications ngreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed Full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned an the basis of their time spent on the Work. Payroll costs shall incl de, but -act be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits -bonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the ibme to the extent authorized by OWNER. t 1.4.2: Cost of all materials and equipment furnished :tad irroorpomted in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which cue 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 provisions so that they may be obtained 11.4.3. Paymarts made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by MNi ER, EKT)C OMNEFLAL COMMONS 1910 3 (1990 Edtiaa) 24 w/ CITY OF FORT COLUNSS1001FICXr10NS(REV 1,20001 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 ENGDTEER which bids, if any, will be accepted If any subcontracrprovides that the Suhcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be, determined in the same manner as COi TRACTOR's Cost of the Work and fee as provided in paragraphs 1IA, H.S. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratorics, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11,4.5.1. The roportion of necessary transportation, travel and subsistence expenses of CONCRACTOR'A employees 'incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, including transportation and maintemtnce, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the partsthereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGhNtEER and the costs of transportation, loading, unloading, installation. dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or puts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4: Sales, consumer, use or similar taxes related to the Work and for which CONTRACTOR is liable, imposed by Laws and Regulations. I1.4.5:5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontmctor or anyone directly or indirectly employed by any of them or for whose acts any of thein may be liable, aril royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expetscs) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the I They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Fifty Dollars ($50.00) for each calendar day or fraction thereof that expires after the One Hundred Eighty -Four (184) calendar'day ' period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: ' After Substantial Completion, Zero Dollars ($0.00) for each calendar day or fraction thereof that expires after the Thirty (30) calendar day period for Final Payment and Acceptance until the ' Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE ' 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One ' Hundred Seventy -Three Thousand Eight Hundred Nineteen Dollars ($173.819.001, in accordance with Section 00300, attached and incorporated herein by this reference. ' ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article ' 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction ' as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. ' 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts ' as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on i ' performance and furnishing of the, Work (except lossesand damages within the deductible amounts of property insurance established by OWNER in accordance with pamgmph 5.9), provided they ' have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include ' settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining COArrRACTOR's fee. IC however, any such loss or damage requires reconstruction. and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. ' 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.& Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums tux additional Bonds and insurance required because of changes in the ' Work. 11.5. The term Cost of the Work shall not include any of the following: 11,5.1. Payroll costs and other compensation of CONTR\CTOR's officers, executives, principals (of Partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contending agents: expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch of ee for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered aim Wstfative costs covered by the CONTRACTOR's fee. 11.5'2. Expenses of CONTRACTOR's principal and t branch offices other than CONTRACTORS office at the site. IIS.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed fox the Work and charges against CONTRACTOR for delinquent payments. 11_5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required ' by the Contract Documents to purchase and maintain the same (except for thecostof premiums covered by subparagraph 11.45.9 above). EXMCGEi\'ER.t1, cot DMOM 191os t19" EditiaD wr CITY of FORT Cot.urs a toolr'1CAT1or:s(REV V24W) n IfSS. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by anof them or for whose acts any of them may be liable, including but not limited to, the correction of clrjectne Work, disposal of materials or equipment wrongly supplied and making good any damage to properly. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly ircluded-in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or 11.6.1. if a fixed fee is not agreed upon, then a fee tensed on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR' fce shall be fifteen percent; 11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11A2.3. where one or more tiers of subcontracts are on tlx: basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11A.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually Worms or furnishes the Work, at whatever tier. bi: paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.42 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-offivt-percatt-of:the-amoutx-paid-to the-next-lowerticr-Subcontractor; to be ne 2ty iated it eood faith with the OWNER but not to exceed five percent of the amount naid to the nest lower tier Subcontractor. 11.6.2.4, no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5: 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any. change. which resultsin a net decrease in cost will be the: amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGENTEER an itemized cost breakdown together with supporting data. Cash Allman ce .- 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to O\Wi F:R and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable tuxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as «xominended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances,_ and the Contract Price shall be correspondingly adjusted. 11.9. Unit Pricet6orlc 11.9.1. Where the Contract Documents provide that all .or par[ of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work 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. Determinations of the actual quantities and classifications of unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR. to be adequate to cover CONIMNCTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if: 1 L9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EAMCGENELALCONIX11ONS 1910-3(1990 Fywn ti 26 w/ CITY OF FORT LOLLf NS S1otancdT10NS (RL•'V 4,2000) and 11.9.3.2. them is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense. or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges That the OWNER has the neht to add or delete items in the Bid or change quantities at OWNER'S sole discretion without allcetin% the Contract Price of anv remainins item so long as the deletion or addition does not aeceed ncenty-live percent of the original total Contract Price - ARTICLE I2—CH VNGE OF CON'MkC'P TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty 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 dwa shall be delivered within siery days after such occurrence (unless ENGINEER allows additiorcnl time to ascertain more accurate data in support of the claim) and shall be. accompanied by the claimant's written statement that the adjustmenc.elaimed is the attire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrencc.of said event. All claims for adjustment in the Contract Times (or Nfilestones) shall be determined by FeNGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this pamrpaph 12.1. 12.2. tVl time limits stated in the Contract Documents areof the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing anv part of the Work within the Contract Times (or Nhlestones) due to delay beyond the control of CONTRACTOR. the Contract Times (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article T fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and 0 1 II1 1 I 1 1 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 114: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Nfilestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Nfilesiohes) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor. any Supplier, any other person or organization,. or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires. floods, epidemics, abnormal weather condition% acts of God or acts or neglect by utility owners or other contractors perform ing other work'as contemplated by Article 7. ARTICLE 13-TESTs AND INSPECTIONS; CORRECTION, REMOVAL OR .ACCEPTANCE OF .DFFF_rTIVF. WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Ivor*: 13.2. OWNER LNGINEER ENGIINTEEWs Consultarim other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will leave access to the Work at reasonable -times for their observation, inspecting and testing. CONTRACTOR shall provide ,them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections• 13.3. CONTRACTOR shall give L IGNEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with irtspa:tion and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required- by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by ParaSraPh 13.E below: 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E1dW GENER,%CONDMOM 190-8 (1990 Edfitim) cot ciry or roic'r crotu rs xtonrFaCrrtons (Rv •taotw) Wow shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. IT Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR .shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and 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 OWNER's and FNGINF,ER's acceptance of materials or equipment to be incorporated in the Work or of materials• mix designs, or equipment submittal for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTORwithout written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inwmion to cover the sane and ENGINEER has not acted with reasonable promptness in response to such notice, Uncovering Work: 13.8. If any Work is hovered contrary to the written request of LNGIrNEEP- it must, if requested by ENGINEER be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by LNr GNEER or inspected or .tested by others, CONTRACTOR at ENGINEER's request. shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. furnishing all necessary labor., material and equipment. If it is found "that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by. arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article I I. If. however. such Work is not found to be defective, CONTRAC:I'OR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or bah, directly attributable to such 27 1 uncovering, exposure, observation, inspection, testing, replacement and recontstructiom and, if the parties are. unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles I I aryl 12 0TVATR May Stop the Mork: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or airy surety or other party. Correction or Renroenl of Defective Work; 1111. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, installed or completed or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs lasses and damages caused byor reesulting front such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period, 13.12.1. If within one -yettr two years after the date of Substantial Completion orsuch longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OIWNER's written instructions: (i) correct such cfective Work or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, coats• losses and damages caused by or resulting from such removal and roplacemem (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12 2. rn 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 nm from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work. (and damage to other EXI)C OENEFUL CONDITIONS 191" (1990 Eili"l) 2S cvt CITY OF FORT COLLM—MODIFICATIONS (REV 412000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of ena--year: two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of dq/ective Nord:, 011'NEA (and prior to ENGNEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may, do so. CONTRACTOR shall pay all claims, costs losses and damages attributable to OIWNER's evaluation of and determination to accept such drfecase Work (such costs to be upproved by ENGINNEER as to reasonableness). If any .such ncccptancc occurs prior. to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract [documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER :Ifnt, Correct Defective Work: 13.14. If CONTRACTOR tails within a reasonable time after written notice from ENGNF.F:R to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CONTRACTOR rails to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct anti remedy any such deficiency. In exercising the rights 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 or part of the Work, and suspend CONTR\CTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment .and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRAOTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OVNER's representatives agents and employees. OWNER's other contractors and ENGINEER and FrNGNEER's Consultants access to the site to enable OWNER to exercise,the rights and remedies under this paragraph All claims, costs losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Dex:umcnts with respect to the Work; and OWNER shall be emitted to an appropriate decrease in the Contract Price, ancL if the panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, cost% loss- sand I I 1 t 1 ,I 1 [1 1 I 1 1 C damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or \Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYi<MNT5 TO. COi iTRikCTOR AND COhIPLETION Schedule ofY-aluec• 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progre r Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER,for review -an Application for Payment filled out and signed by CONTRACTOR coveting the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by. a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and elm of all Liens and evidence that the materials and equipment are covered. by appropriate property insurance and other arrangements to protect Ot\NER's interest thereat, all of which will be satisfactory to OWNER. The amount ofretainage with respect to progress payments will be as stipulated in the Agreement. Any funds thanare withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangement, involving an escrow or wstodianshiP. By executing the application for oavment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes. Section 24-91-101,. et M. CONMICTOR's lVarruney of Title: 143. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment whether incorporated in the. Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens Review of.4pplirations for Progress Payment* 14.4: ENGINEER wit within ten days after receipt of each Application for Payment, either indicate in writing a EJCOCaENER.u. CONDITIONS 1910-8 (1990 Edticu) w! CITY OF FORT COLLINS \tODiHcxrtONs (REV ,in000) recommendation of payment and present the Application to OWWER', or return the Application to COYf R4CTOR indicating in writing ENI MEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with L•NGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEERS recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEFR to OWNER, based on ENGWEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results, of any subsequent tests called for in the Contract Document,, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 145.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGI`i fEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will riot thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might. entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGiNEER's recommendation of any payment, including fatal payment shall not mean that F.r\IGPIEER is. responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction. or the safety precatutions.andprograms incidentthereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's-opinion, it would be incorrect in make the representations to 29 1 OWNER referred 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, nullify any such payment. previously recommended to such extent as may be necessary in .ENGINFEWs opinion to protect OWNER from loss because: 14.7.1. the Mork is defective, or completed \Vork has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct &fective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs 15 2.1 tfirough 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by F.NGLNFER because: 14,7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or 14.7.8, OWNER has actual knowledge of die occurrence of anv of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive;, but OWNER must give CONTRACTOR immediate written notice (with a -copy to ENGINEER) stating the reasons for such action and promptly pay CONTR\CTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify. OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that NTGINEE•R issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EICDC GENEFLAL CONDITIONS 191M (1990 EJitiat) 30 w/CITY OF FORT COW.INSMODIF'ICATIONS(REV•11?0001 considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate atentative 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 arry provisions of the certificate or attached fist. If, after considering such objections, ENGINEER concludes that the Work- is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's.objections, ENGNEER considers the Work substantially complete, ENGINEER will within said fourteen 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 any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINF.FR will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTR—AUI'OR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until Canal payment 14.9, OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWNER at OWNF.R's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER F.NG11= and CONTRACTOR agree constitutes it separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work; may be accomplished prior to Substantial Completion of all the Work subject to the following: t4.10. L OIVNER a[ any time may request CONTRACTOR in writing to permit OWNER to use any such part of the. Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 1 1 t 1 1 I 1 1 1 I 1 1 1 1 I 1 1 CONTRACTOR at any time may notify OWNER and IN ENGEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGNNEER 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 Work to be substantially complete, the provisions of paragraphs 14.3 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. final Inspection: 14,11. Upon written notice from CONTRACTOR that the attire Work or an agreed portion thereof is complete, ENGUEER will make a fuel inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or 'defective. CONfRr1CTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. final Application for Pavnient. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by patragraph5.4. certificates of inspection, marked -up record documents (as provided in paragraph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be aa:ompanied (except as, previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagaph 5.4.13, (u)consent of the surety, if any, to foal payment, and (ui) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: () the releases and receipts include all labor, services. material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the. Work. for which OWNER or OWNEWs property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier rails EJCDCGENEIGU. CONDITIONS 191" (19" Edtim) wf aTY of FORT COLLINS MODIFICATIONS (REV ,i2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens anti the consent of the surety to finalize pavmenl are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proizct manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGWEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER issatisfied that the Work has been completed and CONTRACTOR's other obligations under the Comma Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER for payment. At the swine time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in Which case CONTRACTOR shall make the necessary corrections 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 noticeof acceptability, the amount recommended by ENGNEER will become due and will be paid by 'OWNER to CONTRACTOR suhiect to paragraph 17.6.2 of these Geneml Conditions. 14,14. If: through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONfRACTOR's final Application for Payment and recommendation of 12NGINIEER 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 or corrected is less than the retainatge stipulated in the Agreement, and if Bonds .Have been furnished as required in pamgraiph 5.1, the written consent. of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINIER with the Application for such payment. Such payment shall be made underthe terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15: The making and acceptance of final payment will constitute: 14.15.I.a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from Af fective Work appearing nfter 31 L final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,. or from CONTRACTOR's continuing obligations under the Contract Documents and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE lS-SUSPENSION OF WORK AND TERMINATION OWNER Slay Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work 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 provided in Articles 11 and 11 01VfV Y ,11ay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistentlyLtils to perfomt the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under pmagmph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction: 15.2.3. if CON %\CTOR disregards the authority of ENGINEER or 15.14. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, alter giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent Permitted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CON'rPACfOR's tools. appliances, construction equipmentand machinery at the site andusethe same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid UMC GENER,V, CONDMONS 19103 (1990 ELfidao 32 wi CITY OF FORT COLLMSNIODIFIC.i❑ONS(RI:V•120001 CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims; cenm lasses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims: costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the.diffacnce to OWNER. Such claims. costs, losses and damages incurred by OWN :R will be reviewed by ENGINEER as to their reasonableness and when so approved by FNGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONPRAM'OR'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 CONI'RACrOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to COYI'RACrOR and ENGINEER OWNER may, without muse and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.43. for completed and acceptable Work executed in accordance with the Contract Documents prior to die effective. date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3for all claims, costs, losses and damages incurred in settlentent.of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination C0A'TR,tCT0R S(t{v Stop Work or Terminate: 155. If, 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 ENGINFF,R fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTR-ACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENG=R do not remedy such suspension or failure within that time, terminate the agreement and recover from OWNER payment on the sameterms as provided in pemgmph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER lass failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be hue, CONTRACTOR may upon sevendays' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this poragmph 15.5 are not intended to preclude CONTRACTOR from making claitn under Articles I I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE, 16—DISPUTE RESOLU110N If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement', to be attached hcreto.andmade'a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—IMSCELIAINEOUS Giving X49 ice. 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 Grin, onto an offal or the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the 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. EXMC GENFELU CONVITI OM 19 t" (I M Edtim) wr Ctry of FORT Cotu ns MODIFiC.tnONS (REV arz006) 17.2.2.. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice 6fClgimi 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the otherparty within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.C'ttmrrladve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the paiiies hereto, and. in particular but without limitation, the warranties, guarantees, and obligations imposed upon CONTRACTOR by parngraphs6.12, 6.1.6, 6.30, 6:31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWiIER and EN-GINEFR thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will he as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional fees and Court Costs included, 175. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all Fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17,6. The laws of the State of Colorado appl tv o this t%greenent Reference to two pertinent Colorado statutes areas follows 17.6.1. Colorado Revised Statutes (CRS 3-17.101) require that Colorado labor be emploved to perform the Work to the extent of not less than So t ercen[ (80%) of each tvi or class of labor in the several classiGc irons of skilled and common labor employed on the_proiecl Colorado labor meam any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed age, religion or sex. 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all pavments to CONTRACTOR sufficient funds to insure the Myment of all claims for labor, materials team hire. sustenance. provisions, Provender, or other Supplies used or consumed by CONTRACTOR or his 33 EXDC CEa 1ERA[. CONDITIONS 1910.i (1990 EJitim) 34 IV/ CITY OF FORT COLLINS MOOIFIcAmONS (MV -1,2000) recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work ' completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. ' 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. ' 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ' ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes ' the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General ' Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes ' responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the ' subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the l.j H ' (This page left blank intmtionatly.) 1 11 ' EXDC OLN15M COi DITIOM 19 t" (1990 &61im) 35 ,.v7 C1TY OF FORT COLLI M �[OOIFICATIONS (RLV Al1060! 36 EIMCGENMALCONDMONS 1510.8(1990EOtim) iq CITY OF FORT COLLINS MODIFICATIONS (RL:V 4l2000) 1] 1 1 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT' OWNER and CONTRACTOR hereby agree 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 arising out of or relating to the Contract Documentsor the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtain- a subject to the limitations of the Article lti. This agreement so. to arbitrate and any other agreement or. consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitmdon 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 die parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in 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 with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration A .ocimion, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -lay or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E1CDC GENERAL CONDITIONS 1910.8 (1990 Edtiml wl CITY OF FORT COLLINS MODIFICATIONS tREV 9,99) 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, joiriler or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors; agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common tothose who are already parties to the arbitration and which will arise in such proceedings. and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor asaparty, to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in of subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration baween OWNER and CONTRACTOR involving 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 ENGINIE-Ws Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be Final. judgment may be entered upon it in any court having jurisdiction thereof; acid it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbittation would irrevocably prejudice one of the parties. The respective thirty and ten day time limits with n which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3. above shall be suspended withrespect 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:submittdd to mediation under this Agreement shall not serve as arbitrator ofsuch dispute unless otherwise agreed. GC -AI I EJCOC GENERAL CONDITIONS 1910.8 (1990 Eititim) GC -Al %vt CITY OF FORT COLLINS MODIFICATIONS (REV 9194) ' SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule Zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Discovery Museum Landscaping CONTRACTOR: Bath Landscape, Inc. PROJECT NUMBER: N/A — Misc Agreement DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Project File Engineer Contractor Architect Purchasing DATE: DATE: DAT DATE: ®S3°{2 k§e§ � / /o a ®)\ a% a \±$§$A§a z0 zp@ge_°L)�)\CL)i ��\�< < \ ) k ) iE }_ \ \§ \) \ Gz E $ / )2 z \ ) }a. : CL )IL/ / Q % a )) /\ EE -a. / \/0 §,)°)E {<(D 0) § e ,o z\6= 3_ \§ ¥\ /±/ }/ )!o 2 \ k&A) \ j -< �/)\2 < C $ \ \ .. | .. .. _ ± 2 C.)2 / 2 (co z _ _ - - § _ - - - / < k \ } j - - < < < 0 \ 2 < / } } w \ } < < < k ) M \j \ \ § \ 0 / < cu < =�ar §at ° / \ § k) 6 E 6\ a E 6 z ) o/ Z / R a. R 2 R/\ C U LL 0 a co cV W 0 o0000000CDC) 00000000000000000000000 000000000000000000000000000000000 a 0 oo000000oo00000000000000000000000 HW F e» e» vk of vs vs v> v>v>F» vV)ul,n» &I &Iul, GeuH 69 t,,*to vi fR EA vl of Eif v) v> fH fA a� o N N 0 co a 2 E0000000000000000000000000000000000 Do o o O o O o O o o o o o o 00 -O O o 0 0 o O o o o o O o 0 o o o O Y N E O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O O O -aQ ({ > vi d) 64 of fA :A vi fH fA of vi vi vi Vi vi of vi vEA fA EA0), 0, EA 9 fA 3 69 fA vi vi vof 6EA v) o E 0 a)_T U m O C7 '6 cO0000000000ooCD000000o00oCD000000o00 CD O CD CD o o O CD CD CD O O CD O CD O O O O O O CD CD CD CD CD CD O O o o o o a. 0 N _0 � E ` a) p of fA vi &c) vi 63 vi of, vJ v3 vJ vi vi v> W, vi H9 fA f vi vi V) W v) dUl N V) 0), W* vi W' v3 of fA F Ow O d > 'C o"d LL U i. U U Q J d a co00000000000000000000000o0000000oo a -0 300000O00000000OooO0000O000CDC) 000000 Q a) 0000o00000000o000o00000000000000.00o E fA EA fA v> 69 vi 69 v3 fA fA fA EA vi vi vi W,v! 69 6`i v? 613 fA v3 v) fA EA vi el, fA fA EA vi vi vi >Y 0 N Y U t 0 > F- 2 C7 �0000000000000000000000000000000000 ooO000000000000000000000000000000CDo E0000000000000000000000000000000000 Q of EA 64 6'T fA fA vi vi e9 b9 v3 ER t� v3 vi fA fA Vi ER v) vi of e» vi fA vi fA vi H1 vi r» 69 vi fA Y a� C U tea` N U F z Z) 7+ U C Q 7 U ly 0 U) Z a < O (n 0 aD n a� E m= =3 Z [1 provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS ' 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of ' "Contract Documents' in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the ' following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety ' 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: I I 1 1 1 I V U a) lL O d m Cl) w C7 Q �� ` �00000000000000000000000000000000000 O .� O O o 0 0 0 0 0 0 0 0 00 O O O O O CD O O O O O O O O CD CD CD O O O O O a o`°00000000000000000000000000000000000 I— a O 69 613 69 U=, W » e» e» e» e» en gin e» e» e» e» 6-3 69- 6% » 69) W 6F> 6% W, V> U9, Vlv V) 9- W� 6 s esr a 0 N m N I= 0 :; m a`) a a �o00000000000o0000000000000000o0oCDoo :3O60000000000000000oo000000000000000 N Y O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b9 fA EA fA EA etoesi fA fA fA ElT fR EA 43 EA fA Vi eri fA esi fA fA E6 R ER FA EA EA fA FA Vi ElT FA esi 0 EA 0 fA Z O O_ w E Q O N F O d 0- 0 L.L o c00000o00000000000000o00000000000000 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 08 0 O` N N N p O O QE O O O o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 0 0 0 fA eA fA fA E9 d3 era 69 eA Ffl EA fA fA eA 6S fA fA eH fA 6 6 6 fA EA EA 6% ER fA fA 69, EA 69,b9 0 fA 0 fA 0-.— �. Q� o m a U U d a a Q a) cO0000000000000000000000000000000000 0 o o o 0000000000000oo000000o000000 0 000 Qufe»ts>eaenuse»a»t»e»e»6, 0000000000000000o0000000000000000o6 v6F> v3u>vfentae»taeaeneae»ul.ul 61f64en 0 U t � E 0 d �o00000000000000o00oo0000000000000o0 000000oo0000oo000000000000000000o000 E o6006000oCD000000000000000000000o000 6%6)» Ul,U31 &Ieneae»e»e»e»e»eaeneatkeY61 eV> »t»Ul,V)- 01,e»ufUle60 »e»e»e»e» .J a� 'c .` �a N (n w O O U) w @ wQ d Q O F LU 0 N U Z _ = U v0i ) 0 0 a a`) m ro E _ :3 Z IT L a O O vaa,'� OOOOoo000000000000000000000000000 O w m L U O O O O O O O O O O O O O O O O o O O O O O O O O O O o O O O o o 00000000000000000a000CD0000000000o e» Q�CI—= V>V�UnU»6)e V)U»U»e»e»v>e»ctsUl,Ul, enfi,6g64 qU)e »sv69e 6%e»vse»e» a O O 0 a &I. N O aS L� c a w o 0 0 ( 1 r U J -0 m O (6 O m fU O w h of c d.) fA <<oa< o� w� C� 0 U) 0 0 OL 0) a) Q 4 O > Z F- N ro E Z FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado SECTION 02920 - LAWNS AND GRASSES PART 1-GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Buffaloelblue Gramma Sod. 2. Bioswale Grass Seed Mix 3. Xeric Seed Mix. 4. Irrigated Turf 1.2 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Existing or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. C. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfiill immediately beneath planting soil. 1.3 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor an Project site when planting is in progress. 1.4 DELIVERY, STORAGE, AND HANDLING A. Sod: Harvest, deliver, store, and handle sod according to requirements in TPI's "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" in its "Guideline Specifications to Turfgrass Sodding." B. Seed: Deliver seed in original sealed, labeled, and undamaged containers. 1.5 SCHEDULING A. Irrigation System: Proceed only after irrigation system has been installed and tested B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. Installation must be completed by September 15. Lawns and Grasses 02920 —1 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado PART 2-PRODUCTS 2.1 BUFFALO/BLUE GRAMMA SOD A. Colorado Buffalo Blend T'": Available from Turf Master Sod Farms, Fort Collins, CO 970-493-8311 OR EQUAL 2.2 NATIVE SEED MIXES A. 2.3 A. B C. BIOSWA E GRASS SEED MIX m a 0 � n Scientific Name Common Name 'e p,nicum virgatum Switchgmss 200 9 1.74 pascopyrum smithii Western Wheatarass 120 8 2.90 Sporobolus aireides Alkali Sacatdn 470 9 0.74 XERIC GRASS SEED MIX a a Scientific Name Common Name o a oet C x J 0 M1 6 Boutaloua curtipendula Sideoats Grama 190 3.44 6outeloua gncilis Blue. Crams 710 1.63 Orympsie hymen oides Indian Rice Grass 1 .641 43 Sparvholus cryptandrva Sand Dropseed 6200 0.13 TOTAL 9.73 IRRIGATED TURF Turfgrass Sod: Number 1 Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. Turfgrass Species: 10% Kentucky Bluegrass (Baron, Blue Star or Boreal) 30% Razor or Flyer Red Fescue 30% Boreal Red Fescue 10% Silverlawn Red Fescue or Chewings Fescue 20% Perennial Ryegrass Application Rate: 8 Ibs/ 1000 sq. ft 2.4 FERTILIZER A. Commercial Fertilizer: Diamonium phosphate. Lawns and Grasses 02920 — 2 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado 2.5 MULCHES A. Hydromulch: Biodegradable, dyed -wood, cellulose -fiber mulch; nontoxic; free of plant -growth or germination inhibitors; with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. Lawns and Grasses 02920 — 3 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado PART 3-EXECUTION 3.1 EXAMINATION A. Examine areas to receive lawns and grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 3.3 LAWN PREPARATION A. Apply Roundup prior to seeding if required. Follow manufacturer's specifications. B. Proper soil preparation is essential to successful perennial gardening in the West. In general, western soils are mineral, alkaline (high pH) and low in phosphorous and organic matter (humus). When planting native grass plugs, the following soil improvers should be used for best results. 1. Superphosphate 0-18-0: use 2 lbs. per 100 sq. ft. of bed area. Bone meal or rock phosphate may be used instead, at rates recommended on the package directions. This is an essential nutrient for strong root systems and is usually available locally. 2. Planter 11 Trace Mineral Fertilizer: Use 2 lbs. per 100 sq. ft. of bed area. This organic soil builder boosts essential trace mineral levels and increases microbial activity in the soil to improve nutrient availability. 3. Gro-Power 5-3-1: use at the rate of 10-15 Ibs. per 100 sq. ft. of bed area. Gro Power is a humus (compost) based fertilizer that adds much needed nutrients and beneficial microbes to the soil. 4. Compost: If available, add a well made, thoroughly rotted compost to the soil up to a rate of 112 cubic yd. per 100 sq. ft. When adding compost, the amount of Gro-Power 5-3-1 used can be decreased by half or eliminated all together. Rototill all the ingredients into the soil to a depth of 4" Water thoroughly 3 or 4 days before planting to settle the soil and dissolve the Gro-Power granules. C. Cultivate soil to a minimum depth of 8 inches or deeper if a hard pan exists. Remove all rubble, stones and extraneous material over 1 inch in diameter. D. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Allow for sod thickness and settling. Remove all debris and soil clods in excess of 1" diameter. E. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. F. Restore areas if eroded or otherwise disturbed after finish grading and before planting. G. Prepared soil to be weed free prior to planting. Lawns and Grasses 02920 — 4 I ,t 1 I I I it I 1 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado 3.4 SODDING A. Lay sod within 24 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. 1. Lay sod across angle of slopes exceeding 1:3. C. Saturate sod with fine water spray within two hours of planting. During first week, water daily or as required by manunfacurer to maintain moist soil to a minimum depth of 1-1/2 inches below sod. 3.5 SEEDING A. Irrigated Grasses Seeding: 1. Apply seed by hand broadcasting in areas disturbed by pipe trenching operations. Handrake seed into soil to a depth of 2 inches. 2. Hydromulch with mechanical hydromulcher at a rate of 2,000 lbs. per acre. 3.6 SATISFACTORY LAWNS AND GRASSES A. Satisfactory Lawn and Grass: A healthy, well -rooted, even -colored, viable lawn and grass shall be established, free of weeds, bare areas, and surface irregularities. B. Reestablish seeded and sodded grass that does not comply with requirements and continue maintenance until satisfactory. 3.7 CLEANUP AND PROTECTION A. Promptly remove soil and debris created by lawn work from paved areas. END OF SECTION 02920 Lawns and Grasses 02920 — 5 FORT COLLINS DISCOVERY MUSEUM 408 Mason Court Fort Collins, Colorado SECTION 02930 - EXTERIOR PLANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Topsoil 2. Amendments 3. Fertilizer 4. Planter soil mix 5. Plant material 6. Plantings Mulch 7. Landscape boulders, flagstone, pea gravel and stream cobble S. Weed Barrier Fabric B. Related Sections include the following: 1. Division 2 Section "Site Clearing" for protection of existing trees and planting, topsoil stripping ' and stockpiling, and site clearing. 2. Division 2 Section "Earthwork" for excavation, filling, and rough grading and for subsurface aggregate drainage and drainage backfill materials. 3. Division 4 Section "Stone Masonry" for acceptable stone source. <' 1.3 DEFINITIONS a A. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are d grown, with ball size not less than sizes indicated; wrapped, tied, rigidly supported, and drum -laced ! as recommended by ANSI Z60.1. e , B. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well- ^: established root system reaching sides of container and maintaining afirm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for kind, type, and'size of exterior plant required. C. Finish Grade: Elevation of finished surface of planting soil D. Manufactured Topsoil: Soil produced off -site by homogeneously blending mineral soils or sand with stabilized organic soil amendments_to produce topsoil or planting soil. E. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. F. Subgrade: Surface or elevation -of subsoil remaining after completing excavation, or top surface of a ' fill or backfill, before placing planting soil. Exterior Plants 02930 —1 1 FORT COLLINS DISCOVERY MUSEUM 1 i 408 Mason Court 7 ` Fort Collins, Colorado I ' 1.4 SUBMITTALS ( A. Product Data: For each type of product indicated. II B. Lead Submittals: 1. Local/Regional Materials: Provide a statement from the manufacturer stating that materials provided were manufactured within a 500 mile radius of the project. Include location of the ' manufacturing facility including name, address and distance between manufacturing facility and the project site. Provide manufacturer's documentation indicatiog location where the base materials were extracted, mined, harvested, etc. and distance between manufacturing facility and the project site (Applies to LEED MR 5: Regional Materials. a. Include material costs (excluding cost of installation). 'd C. Samples for Verification: For each of the following: i1. Composite Wood edging materials and accessories, of manufacturer's standard size, to verify color selected. 2. 5 stone sample for Boulders, showing full range of size/color (approval at quarry acceptable) 3. 5 stone sample for Flagstone 4. 1 quart sample for pea gravel 5. 10 stone sample for Stream Cobble, showing full range of size/color 6. Tree wrap. I! I 7. Flagstone. I I D. Planting Schedule: Indicating anticipated planting dates for exterior plants. 1.5 QUALITY ASSURANCE 1. ' I A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. ! 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor ' on Project site when exterior planting is in progress. B. Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium it absorption ratio; deleterious material; pH; and mineral and plant -nutrient content of topsoil. 1: Report suitability of topsoil for plant growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil. C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." r 1. Selection of exterior plants purchased under allowances will be made by Owner, who will tag plants at their place of growth before they are prepared for transplanting. D. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or r canes in their normal position. Do not prune to obtain required sizes: Take caliper measurements 6 i 'I inches above ground for trees up to 4-inch caliper size, and 12 inches above ground for larger sizes. Exterior Plants 02930 —2 II �I FORT COLUNS DISCOVERY MUSEUM 408.Mason Court Fort Collins, Colorado Measure main body of tree or shrub for height and spread; do not measure branches or roots tip -to - tip. E. Observation: Owner may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Owner retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. 1. Notify Owner of sources of planting materials seven days in advance of delivery to site. '€1 r 1.6 DELIVERY, STORAGE, AND HANDLING A. Protect plants from desiccation during delivery B. Do not prune trees and shrubs before delivery, except as approved by Owner. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying'' damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. F,[ Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery. r C. Handle planting stock by root ball. s ' D. Deliver exterior plants after preparations for planting have been completed and install immediately. If ` planting is delayed more than six hours after delivery, set exterior plants trees in shade, protect from weather and mechanical damage, and keep roots moist. 1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable s material. ' 2. Do not remove container -grown stock from containers before time of planting. 3. Water root systems of exterior plants stored on -site with a fine -mist spray. Water as often as necessary to maintain root systems in a moist condition.. 1.7 COORDINATION p A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions F , permit. B. Coordination with Lawns: Plant trees and shrubs after finish grades are established and before planting lawns, unless otherwise acceptable to Architect. 1. When planting trees and shrubs after lawns, protect lawn areas and promptly repair damage caused by planting operations. L 1.8 WARRANTY A. Special Warranty: Warrant the following exterior plants, for the warranty period indicated, against defects including death and: unsatisfactorygrov&. except for„d_efects_ resulting from lack of adequate maintenance, neglect, or abuse by Owner, or incidents that are beyond Contractor's control. s. , 1. Warranty Period for Trees and Shrubs: One year from date of Substantial Completion. 2. Warranty Period for Ground Cover and Plants: Six months from date of Substantial fs Completion. 02930 ' j Exterior Plants —3